The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-03-15
The Case OF the Alleged Priva-
teer Meteor.
INTERESTING PROCEEDINGS IN COURT.
Motion to Release the Vessel
on Bond.
OF COUNSEL.
10. 10. 10.
United States District Court.
Before Judge Belts

OhIteQ states DlstTiCt CO0Hss
Before Judge Belts
MARCH l4-At the opening OF the court this morning
tho of the Meteor postponed from the previous day.
was called on
MOTION TO RELEASE ON BOND.
Mr. Choate-Msy II please your Honor, we move in
case OF the United States against the steamship
Meteor which seized in January last for alleged
violation Of the OF 1918, known the Neutrality
law, for the appointment Of appraiser report the
OF the vessel 10 the court with view OF having
II delivered to its bond The motion is made
the part Of the claimants representing the entire
ownership Of the vessel tho Messrs John NJ Forbes and
X Il. Forbes, of Boston, through their agent ". r.
Carey We did not anticipate any opposition to this
motion, which we thought would DO taken matter Of
course; but Honor will remember that the learned
District Attorney appeared here yesterday oppose IT,
be suggested under instructions from OF the
partmonts OF the government. and he proceeding
10 state his objection to motion when he inter.
ruped by other proceedings which caused the adjourn
ment of the court. The learned gentleman now pre-.
sent ana VIII perhaps proceed with statement Of his
objections
ARGUMENT AGAINST TUE MOTION FOR RELEASE.
Mr. 5. G. Courtney then addressed the Court He said
That after the thorough examination he could find
authority upon which this motion TO bond the steamer
Meteor could be based, except II was to be found the
general rule OF thr court lie supposed tha this bond
ing OF vessel aud the rule OF the based and
founded ent rely uuder the and that where
bonding permitted and allowed it must be in
where vessel seized In and by that Inde
pendenty this objection there Others which he be-
1cyed fatal 30 the motion This vessel Qhe Meeor
seized by the United states government under pro-
vision OF what is termed and known the Neutrality
ant-the act OF April, 1918. The libel OF informa ion
was filed under the third section OF the act After the
libel had been framed and due service made the
hcssrs Forbes, claiming to be the owners, appeared
through their proor In this court and by their agent
Mr. Carey, and put IN their Your Honor will
perceive that the claim put in by Carey and by the
owners, the Messr Forbes To this exceptions
taken by the United States which duly served
and have been noticed for trial before this Now
would submit that while the question of ownership is at
Issue and undetermined this motion is premature,
other objections existed On this point learned counsel
referred to the Of the Struggle, LIST GaIlson page
tI6 He submitted therefore, in the first place, that
practice OF tho court to bond vessel seized under the
circumstances and the in which this vessel
appears be- as taken from the libel that the power
N bond vessels Is derived entirely tho Revenue
Of March, l799 eighty ninth section and the ruos of the
application Whatever In any shape, manner form,
case of the nature and description now before the
court Lot the be looked at in another gh What
the object Of this Neutrality law7 u Is TO prevent
armed vessels leaving the ports Of Power at
peace with another Power that may be at
,nent, that the Meteor should bonded She immedi-
sey leaves this port to and reaches other
where she Is cd out and at once from there proceeds
the predatory cruise put a stop which she was
first seized here Hcwoud ask whether that carry
og out IN good faith the Neutrality laws of the United
states He opposed this motion OF release only be-
csuse he deemed his duty in his official capacity 10 do
40 hut also from the Instructions which he had received
from the State Department which he would read and
make part of his argument in the 1t would seem
shat application bond the vessel would be made In
this court How that information was received he did not
know but he did know that II not sent from the
odice OF the District Attorney. was however, suf-
ncient 20 know that the information got there. and
The 9Th OF March the Spanish Minister sent TO the Sece
sary OF State letter acquantinr him the fact and
requesting his interpretation In consequence or this
ion from the Secretary, Of which the following is
COPY
INSTRUCTION
baras1sss1 o. s1s%r Wasaseros. March o. 1855
iasi @ receive from Esc.easy
q, Me Of Spain in Which be sv ss he s
District Court for release Of that vessel under security
has been sc'sTsS with s.
u"
10 Ss a nw Of heal uhea ss. Ia Se
.n t.ss ana virtue a' Wi" nlIh e,Pess SoaF 1oe
rho lion. DANIEL S. Dcxssos, United States District
Attorney. New YORK.
the government opposes this motion on the grounds
have stated; and, addition, will merely add to what
have already said that bond this vessel would in
my opinion, be an exetciso OF the jurisdiction OF this
warranted by the circumstances OF the
Hwoud be NOTHING but mere evasion of the Neutrality
laws OF government, and think breach Of 70 III
~hlch ourht not be tolerated encouraged by tho
'ourt on behalf OF this motion. II II had been shown
that this merchant Vessel, and not shp.ofwar.
~ would be entirely different II sLe
der the OF the laws Of tho country
would 10 quito different But here IL vessel.
formdably armed aud equipped, shpof war about to
start predatory cruise against nation with whom
nj siy seized by the government FOR alleged
violation Of the Neutrality Law.
lodge Beits-Ig this SGT forth In the ahdavsf
mr. ks1us counsel for the clainantsl-No, SIR tho
fat that ths vessel Is merchant vessel, aud not
Mr. chosis aiso for the claimsn,s,-Tbcy do not
set tlat abe Is an armed vessel but they expressly
sm,, to az so II she had boon armed they would have
sad 40.
Mr. Choaie-she II merely described a. armed In the
Mr. Evsrs-sbe might have been connscablc but no.
MAJ "a alla rNx Waea n
NJ COuuney-rhe libel shows that she was to be used
for ~srse purposes Tho vessel was built at Boston,
9th Others Tor the purpose of going after and
rspsgring the Alaoams. In conclusion, he would say
ths bond this ycsscl would be announcement 70
- the Neutrality act Of ths United States
.ssh he his Honor would not sanction
.RoUrsr IN SUPPORT oy THE MOTION.
NJ wm. NJ Eyaris then proceeded to address the
soar IN support ~ The motion. Tho claim for bonding
tsis vce.ri ~, IN here In the ordinary manner re-
aarcd W NE rules of the court for ship lying In the
psn q New york, belonging 20 merchants in Boston.
TIE Grst exception taken 4 the ground that the
claimant Arc not the owner Hut this Is undeniablc--
espi ;, ne form IN ~hct the owners come through
th~ir agent 90 cnsgnec-not IN the least but he ex
% not prove Ourselves the the prose.
eatou o. TIE United states remains undcendcd. The
~scrpon . not that the owners have not put IN Iro-
elan tho p.r " The ccnsgnees Of ship represent
ga -, owners u always admitted ship has TO an
~ q cstl THAI being The case, application Is
from the custody u the court the itself
tIItNslltutf TOT " ttt value IN Donn inN NOW,
thea Iim0si The needs 60 look At in deciding
-Heihsr app should DO permitted 10 substI-
tIte boni Cor the ship " whether he IL the party
40 whom ne shp va sssu by tho process Of The
estfi, and - NE cour, puts back the re- where &
fo-ni a. taking bond tho representative ot
80 value. and " NE bond of the principal and
ths secuffss are goodf the sfipulscrs arc sufficient
enc 80 - stii IN eosr whether the ship has been de-
tv.r-d b. ne rghuul oener not Tho question OF
rahuh Ownership doc not IN the least touch the
validity value " The bond These are familiar sug-
ae-tions ART such ~ Honor has considered many
q time Wow, v well SHOWN that these claimants are
are owner ~ the shlpthe Mess rorbcs u the China
hsu~~ ~ kus~n Co, noton--and they ask your
Honor ~ deliver them their yessci on their bond
row, a. 70 The serretay ol state or Presi.
xent Of the United States having ANYTHING
az ma subject yrur Honor very well knows that
cav interventon % tho Eytcuuve win or purpose NJ.
V~r>ntef ~ letters ~ 0Gcsl presene through the
h...trf the tudlrIayv