The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-02-02

to his benefit as owner Of the ship, nor Is there
any evidence of the spoliation OF euy documents
properly considered as proprietary.
H. The capture was unjustfable, because it
was made within a space embraced by line
drawn due south from the nearest headland on
the Island OF Abaco above the place of capture;
because il was made, not on the open sea, but in
waters constituting channels between islands
belonging TO Great Britain q neutral power, and
because II was made before actual search, and
under general authority to seize certain vessels
wherever found.
IL. The claimant, Mr. Haight, as a subject of
neutral power, has a right to rely in the present
case upon the violation of the neutral rights of
his own Government, even although that Gov
ernment may have delayed or postponed the as.
sertion of those rights. He may seek redress in
our prize courts and if he fails to obtain it there
although entitled to 1t, his own Government
may, at q future day, herself claim the redress.
1t Is claimants duty, in the first instance, to seek
redress in our prize courts.
13. A subject of a foreign and neutral power,
whose property is captured, has perfect right,
in the courts of the captor, to claim the restitu-
ton of his property on grounds of territorial inn
munity, without any Intervention on the part
of his Government. He may claim the interven-
ton Of his Government which may withhold
or afford ii at its own discretion, without affect.
ing the legal validity of the judicial claim. The
owner may on this ground avail himself Of the
immunity given by the place OF capture, within
gunshot OF Abaco, and within the narrow seas OF
The Providence channel.
The United States submit that the decree was
correct on the following groInds:-
l. That the vessel was, when captured, actu-
ally owned by enemies.
q. If not then actually owned by enemies, she
was so entirely possessed, controlled, and man.
aged by enemies for the purpose of their own
commerce, and so exclusively engaged in that
commerce as to have forfeited her neutral char
acer, and assumed hostile character, which
subjected her to condemnation as prize OF war.
3. She was proceeding, when captured, with
a cargo certainly destined for bloCkaded port
IN q Nuh fOT ifc mi dol
of that cargo at such port, either by herself or
by transshipment at Nassau, to some other ves-
sci, which could more safely run the blockade.
4. That part of the cargo condemned was
liable to contscation as enemy's property, hav-
ing been, when captured, in actual enemy own
ership, possession, and control.
8. That part OF the cargo was contraband OF
war, shipped for the purpose OF reaching hos
tile port of destination, and when captured 1t
was proceeding to that destination in the pos
session and under the orders and control of
enemies resident thereat (the Charleston branch
OF the Liverpool firm who appear as claimants).
This subjected it to condscaton whether it was
to have been carried to that destination in the
Bermuda, or to have been unloaded or trans
shipped at Nassau. These facts, with their at
tendant aggravations, also subject the vessel
which was owned OF possessed, controlled and
directed by the same enemies to condemnation.
6. That part of the cargo was also condemna-
BILE because it was proceeding, when captured,
with intent to enter blOCkaded port.
Z. The destruction Of part of the ships papers
by the master, under the instructions of his en-
ployers, who had actual control and direction, il
they were not the owners of the vessel and cargo,
is, under all the circumstances, presumption,
first, OF hostile character; second, OF destination
to blockaded port; and third, OF destination OF
a contraband cargo for enemys use, and justifes
the denial of further proof, so that condemnation
on any or all of these ground necessarily follows.
8. The Be7TnudG was good prize when cap
| tured because she was taken on the voyage
next succeeding that in which she had broken
| the blockade OF the port of Savannah.
G. M. Wharton and William b. Reed, of Phila-
delphia, for claimants; James Speed, Attorney
General, and Titan J. Coffee, ESQ.,, for Govern
ment.