Weekly national intelligencer., 1864-03-03
THE DECISION IN THE CHESAPEAKE CASE

The decision of Judge STEWART, in the Vice Admi.
ralty Court at Halifax, in the Of the Chesapeake
delivered the 18th instant. brief telegraphic
summary has already been publ he'd but the full text of
the decision contains some points which merit attention
Judge Stewart confessed his embarrass in dealing
with this for although the capture of the Cnesa
peake undoubtedly act Of piracy the
were very peculiar He held that the Chesapeake if a
prize at ALL uncondemned prize the bringing of
which into neutral port, to avoid recapiure was so
grave offence against the neutral State subject
the prize to forfeiture. The Court added:
The Chesapeake was brought not into one port oDy
but into several of the ports of the Province openly
but coverty not in her proper but in false name
Still farther they who thus invaded the Queens territory
surrepiitousy landed and sold therein Dor
ton OF her cargo, making distinction between those
parts OF it which owned by the subjects Of her Ma
jsty aud those belonging 70 the citizens OF the United
States and instead Of vndicatng the rghts which was
asserted for them at the bar they possessed they latter
landing the shOres of this Province, and thus being
under the proectes Of British law have long since fed
from and are still fugitives from 1t"
The Court then ordered the restoration Of the steamer
to her in New York under the conditions specified
in the following passages
"After careful consideration think it,not unjust to
order that the costs and expenses Except only the
coss OF these claimants whose property be
to them here which we'll those Of the Advocate
General spperainDg thereto, they to pay) be paid
by the Of the vessel leaving them to adjust and
seek repayment thereof from the shippers nsurers and
oth-r persons cbargeabe herewith IL this we're an ord.
nary case OF ecapture from pirates the prescribed salvage
would have been oneeghth of the value Of the property
and this on the value of the vessel alone (Which am in
formed more than sixty thousand dolsrs would have
been seven thousand dollars end the owners both
sci and have been fortunate that they de-
stroysd at sea, and so wholly lost to them
"Tbis Court would stuy itself wore il TO affect Qno-
rance of what is pateas 10 every bodynamey that those
who wrested the chesapeake from the master and crew
are st the present moment in the adjoining Province of
New brunswick asserting that they msde the capture az
citizens OF and parties duly authorized by the Goyernmh h
OF the Confederate States and that they
documents and proofs thereof before magistrates there
duly invested vita the right tn determine the validity Of
thar claim, so far at least affects their alleged patica
character.
81 allow this claim, aud will decree writ of restitution
when moved to be gwen TO the claimants upon payment
OF the costs and expenses have before specified The
register Will estimate accurately he can the amount
which will certainly the whole costs and expenses
to be paid have directed by the vessel and that
amount beng paid into the Bank Of British North Ame-
rca the Bank of deposits Of this Court he will issue the
writ Of restitution to the owners of the vessel"