New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-07-29
COURT RECORD.
FRIDAY, JULY %, 1876.
United States Supreme Court.

| Inc 1OllO wing UoClSiOU, ny CuiOA ~ S'-SO
| Waite, was promulgated July "a:
No l76 The United States. appellants.
| vs. Eugene Diekelman.-Appeal from the
| Court Of Claims. This suit was brought IN
| the Court of Claims under the autnorlty OF
a Joint resolution of both houses OF Con
| gress, passed May 4. 1870, as follows: II nat
| the claim of E. Diekelmsn, SUBJECT OF the
| King of Prussia, Tor damages lcr an ~
legged detention of the ship Essex by the
| military authorities of the United States at
| New Orleans, in the month Of September,
1863 he and ia hereby referred to the Court
| ot Claims for it's decision in accordance
with law, and to award such damages AS
NAV be Just in the premises. II he may
| he found to be entitled to any damages
! Before this resolution was passed the
| matter of the claim had been the subject
of DIPLOMATIC correspondence between the
government of the United States and
Prussia. The following article, originally
adopted in the treaty OF peace between the
United States and Prussia, concluded July
II. 1889 (S Stat, 1851, and revived by the
treaty concluded May ], 1898 Is Stat,
3S.. was in force when the acts complained
of occurred, to Wit: Article Is. Ana IN
the same case, If one o. the contracting
parties. being engaged in war with any
other mower, to prevent all the difficulties
and Misunderstanding tina. usually arise
rasnectinp merchandise Ut cOItrabaDd, such
"a arms. ammunition, and military stores OF
every kind no such articles carried IN the
vessels, or by the subj ects or citizens OF
either marty. to the enemies OF the other shall
be deemed contraband SO as to induce conts-
cation or condemnation ana loss OF prop
erty to individuals. Nesertneiess' IL sIaIi
ha lawful to stop such vessels and articles,
and 70 detan them for such length of time
ga the captain may think necessary to pre-
vent the inconvenience or damage thae
MIGHT ensue from their proceeding. paying,
however. a reasonable compensation Tor the
loss such arrest shall occasion TO the pro
nrietors: and it shall further DC allowed TO
use in tho service OF the captors the "hoIe
or any part of the military stores 80 de-
tanned. by paving the owners tAe full vaiae
of the ZANE. to be ascertalned by the cur
ran. nrice at the place OF destination. Bat
in the case supposed OF vessel stopped Tor
articles of contraband II the master OF the
vessel stopped will deliver out the goods
supposed to be of cOn-rab band nature be shall
be admitted to do it, and the vessel shall not
in shat case, be carried INFO any po:o nor
further detained. but shall Do allowed to
nroceed on her VOYAGE When the Essex
visited New Orleans the United States We're
ENGAGED in the war Of the rebellion. The
mort of that CITY was at the very commence
ment of the war placed under blockade and
cIosed against trade and commercial inter
course; but on the twelfth OF May, leo2, the
President. having become SATISFIED that the
blockade might ''be safely relaxed WIZ az
vantage to the interests OF commerce, 49,
sued his proclamation to the effect that from
and after June commercial intercourse.
EXCEPT as to persons. things, and
information cOntraband OF war, might
"be carried on subject to the laws OF the
United States. and to the limitations and
in pursuance of the regulations
prescribed by the Secretary OF the
Treasury" and appended to the prociama-
ton. These regulations, 80 iar as tney are
applicable 70 the present case, are as fol-
lows: a. To vessels clearing from foreign
ports and destined to New Ut
leans. licenses will be granted by
consuls of the United States upon satisiac,
tory evidence that the vessels SO licensed
will convey no persons, properly OF lhlorha-
ton contraband of war either 10 or IRON
the said ports, which licenses shall De eS-
hibited to the collector of the port to which
said vessels NAV be respectively bound.
immediately on arrival, and, if required, to
any officer in charge of the blockade; and
on leaving either of said ports every vessel
will he required 10 have a clearance from
the collector of customs, according 10 law,
showing no violation of the condition OF the
license" (l2 Stat. 1864 The Essex sailed
from Liverpool to New Orleans June -, 49,,
and arrived August "a. New orleans was
then in possession of the military forces OF
the United States, with General Butler ID
command. The city was practically IN
state of siege by land but open By sea, and
was under martial law. The commanding
General was expressly enjoined by the gov
eminent of the United States 10 take meas
ures that no supplies went out OF the port
which could afford aid to the rebellion, ana
pursuant to this I'M junction be issued orders
hn
goods, or property, on account OF any per
son known to be friendly to the Con
federacy. and directed the CustOmhouse Of
tcers to inform him whenever an attempt
was made to send anything out which
might be the subject of investigation IN tina;
behalf In the early pal. OF September
1862, General Butler. being still N com
mand, was informed that large quantity
of clothing had been bought in Belgium
on account of the Confederate government
and was lying at Matamoras awaiting de-.
livery, because the government had failed
to get the means they expected from New
Orleans to pay for it, and that another ship
meur amounting TO half million more,
was delayed in Belgium from coming for
ward because of the nOn-payment OF the
first shipment. He was also informed that
it was expected the first payment would 60
forward through the agency OF some foreign
proved to be correct. He was also inform
ed early in September by the Customhouse
officers that large quantities OF silver plate
and bullion weI- being shipped on
the Essex. then loading for foreign
port, by persons. one Of whom had declared
himself an enemy of the United States,
and none of " L III would enroll themselves
as friends, and he therefore gave directions
that the specified articles should be de-
tanned and their expectation not allowed
until further orders. On the fifteenth OF
September, the loading Of the vessel hay
ing been completed, the master applied 20
the collector Of the port for his clearance,
which was refused in consequence OF the
orders of General Butler, but without any
reasons being assigned by the collector.
The next day he was informed, however,
that his ship would not be cleared unless
certain specified articles which che had on
board were taken out and landed. Much
correspondence ensued between General
Butler and the Prussian consul at New
Orleans in reference to the clearance,
in which it was distinctly stated by
General Butler that the clearance would
not be granted until the specified goods
we're landed, and that it would be granted
as soon as this should be done. Almost
daily interviews took place between the
master of the vessel and the collector. in
which the same statements were made by
the collector. The IL sster refused to land
the the cargo except upon the return of his
bill of lading. Some of these bills were
returned and the property returned to the
shipper. In another case the shipper gave
an order upon the master for his goods,
and they were taken away by force: At
very early stage in the proceeding the
master and the Prussian consul were in
formed that the objection to the shipment
of the articles complained of was that
thew were coutraband. A part only OF
the goods having been taken out OF