New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-02-06
WARRANTY AGAINST CAPTURE IN POLICY OF
MARINE INSURANCE.

| In the United States Supreme Court, the case
s. MS ber IN %a; ear II Sas S
10 the Circuit Court for the district of Massachu
t in error against the insurance companies on policies
issued TO him in the month Of November 1850. on the
S s Mss ss OF s Sf ss
ing voyage from Havre TO New Orleans. Between
the bar at Pass IOutre, she boarded by armed
crew from the armed steamer Music. The officers and
OF the steamer with force which the officers and
of the Marshall unable, and did attempt
resist took possession of her. an worked her 10 New
Orleans declaring that they took her as prize OF war in
the name and on behalf ard by the authority of the
Confederate States They hauled down the United States
flag from their prize and hosted the Confederate flag In
its place Upon arriving at NewOreans, the Of the
days and then set at liberty and allowed TO come North
The ship was taken possession Of by the Confederate
states Marshal and when last seen safely moored 70
the leyee In Orleans The question s whether the
capture was by pirates, alleged In the BILL or by the
authorized forces of de faeto government; for
nit was by the latter then there can be no recovery The
Court below directed the Jury find for the defendants
holding that the evidence would not warrant verdict
To that ruling exceptions were taken aud the cause
comes here thereon The plaintiff in error contends that
was by assailing thieves In port of the United States
There is no proof of any public authority the part of
the takers either real pretended The taking was per
petrated by violent assemblage OF apparent mere male
factors issuing from the hold of pretended tugDoats
such taking within the terms Of each OF the policies.
for 1t piratical II said that OF the
takers alleged at the time that they acted for the Confed
crate Government the reply that the assault was dis
gsed one AS OF thieves or pirates that no person
peared In the garb with the insignia or an officer that
were not armed
vessels that the taking within port that the
ner of taking was pratca that no condemnation is
tended In word, that all the attendant circumstances
are indicative OF assailng thieves pirates The
IN TINS case cannot assume matter OF judicial notice
the existence OF any soeaed Confederate Government
III any such pretended Government could he assumed
yet there no proof In the Of taking by author
ly or OF condemnation as prize II the Court could pre-
sumo either Of these things still the taking would We pi
ratca for the Conederates were mere rebels and any
taking on the sea by rebels piracy against the le
climate Government, and foriior II port OF such
government. Capture. seizure, detention, in policies OF
Insurance signify legal taking, for the violation OF nun
cpal or International right and detention by authority
OF law Such taksg detention by rebels OF the United
States, whether pretending authority of rebel political
organization or not be regarded taking de
tenton by right or legal authority in the ntendnent of
any court OF the United States The contracts in these
cases. although affecting maritime commerce. not the
less contracts OF the municipal distinguished from the
International law they contracts between citizens Of
lhq Cte9 STATES made IA the United States, aud " be