New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-08-22
TIE vIoLATIoN or INTERVENTION LAW IN GEoR


GIA-DECIsION or THE COMMISSIONER.
The United States Commissioner at Savan-
nah has given tho following decision in the trial for CON
spracy against Capt Irvine OF the British bark Grace in
Mcintosh County. Georgia:
"Tho Briteh bark Grace Can't Irvine arrived AZ DO
boy. Darcn. from NewYork, on In" 81 o. july a't
10 load Win lumber, and thence hound 10 Eur pc Her
seau1cn were arclcd for the voyage. Her fps article
are in due form. and properly attrstcd by tho
q good portion Of them, shortly after the
ships arrival at Dohoy refused 20 do duty. Her
stain, he was in daty TO lis employers boud 10 no.
had them arrested and placed In jail TO await the depIr
turc OF the shin. tie could do no less. He was distant
from port whore o could ship crew. and ~ was ms
duty 20 cndeavor 10 keep the crew. who had contracted
for The whole voyage 81 this point commences series
o proceedings, nsutpie apparently, Dy ihe decnuaht
Campbell WHO, maC trdtc in my opinion to say ne
very least. has eleyousy erred In Judgment TO De
gree that can scarcely chiihcterze ~ less lhah PER
socution of Capt irvine au through him. indirectly OF
the owners oi the ship and The shipper. OF me cargo
whose Interests by these Wero uhGou9,ey
greatly damaged. Tue proceedings In the do!endants
the several cases presented m the testimony arc aS9 80
fir o. they are disclosed by the records on'rcd IN
In my experience, nave never seen eNceeu.u., ~
f.. IN my opinion, particularly unfortunate that they
should bpvc been hsd in cases who're subjects aud prop
crv of subjects OF friendly foreign power were MADE
defendants they cannot but have the effect OF bring
in tie administration of justice with Us into di-reputr
ELL both cor and citizens seek to protect and foster
them 20 have been committed by the defendant Camp
hell ne may possibly be liable in damages N proper ac
10 come 70 the conclusion that ne should b' subjected to
a criminal prosecution for their commission The
other dclcudauts seem 10 hayo been acting under
C;mnbel's orders executive officers or ms
Court AID. a. believe from the testimony. with the
intention carry out those orders. believing them
to legal and -ht. However griey0usly them these
rights under the laws Of the State and OF tho United
States Of the parties to these several suits concerning
which testimony mas been introduced, do not think
there sufficient evidence TO show that there are even
probable grounds TO believe latthese defendants en-
tered INTO conspiracy In violation II any OF the pro
visions Of tue act to enforce the XVIII Amendment ana
for her PURPOSES Tho order OF the Court therefore,
is that the defendant he discharged"
Justice Campbell ald The three other persons who were
tried with him were accordingly discharged from Gus
.tr The Assistant T. :. Attorney said that while he
lowed Tepcctfuly to the decision OF the CourSn the
matter he would 90 the defendants that ~ they had
been fIlly made Of the ycness ana iesuiity OF
their proceedings, Le would in the event " their return
70 D.rion PUd IN attempt TO execute and carry out
those proceedings an attempt 20 institute others
OF similar mature, consider It his highest dniy 10
have them and brought TO justice, ana that ne
would leave no stone unturned to punish them And
further tlat he would report this case to the Attorney
Generals Office he was instructed 10 do, aud ioloW u
M IN the full st extent Of the law. Commissioner Lee
.sd his decision may have been wrong be was not in
falibe. lie satisfied that the defendants bad com
tei great wIun- but lac did not think the statute ap
piled; ana would further state To the defendants That
Ills decision was not final but hat the DistrctAtorncy
could udict the next term Of the Court ana try
them the same charges.