The New York herald., 1879-02-09
THE COURTS.
A Spanish Steamer Seized as
a Prize Of War.
SEVENTEEN YEARS IN COURT.
Mother and Son, OF Legal Drama from
Rea Life.

.
and the subject Of which has been the occasion of
great deal of diplomatic correspondence and the at
tention OF many judicial officers and their govern
ment advisers. The suit arises from the seizure OF
steamer in o Southern port in 1861. ana from
claim OF 100000 as her value. then made. it has
now reached upward of 100000. Early in the fall
of 1861 double end ferryboat. named the Neuestra
Sefora del Regla completed iii this city cost
of 100000 for Cuban railway company called the
Campagna del Ferro-canel de la Bahia de la Habana
q Matanzas. corporation created by the law of
Spain. and carrying on business at Havana. Cuba.
When completed the vessel delivered to Ignatio
B. Reynals. the agent of the company. He be-
came her master and sailed with the vessel
from New York for Havana. but in consequence
of stress Of weather Obliged to put back to New
York. After being ag in ready the vessel started
without cargo for Havana but in second storm was
driven Ocrocoke Bar. where she remained nearly
twenty-four hours. In consequence of continued
bad weather and damage to her machinery it became
necessary to put into Georgetown, s. c., for repairs
There the steamer seized by the Confederates
and her master imprisoned The master and
vessel afterward released through tho
efforts Of the Spanish Consul. and repairs
having been made she was again started on
her voyage to Cuba. Then the coal out, and Cap
tain Rcynas reported to the United States steamer
Susquehanna. off Charleston. s. c., aud requested
permission to go into Port Royal. The flag officer
granted this permission, and put some prisoners
board tn be taken to Port Royal The steamer then
proceeded to Port Royal delivered the prisoners and
took on coal, and from there proceeded to Hilton
Head. Captain Rufus Saxton. who was the quar-
termaster III charge, was desirous OF procuring
the steamer for as government trans
port. He off re to purchase the vessel. but
as he had no aut thority to make sale Captain Rey
mails declined the offer. Captain Saxton then in
formed hi n that the vessel seized a prize.
was f e as
found on board of the steamer from Confederate to
friend in Cuba. On December II following Captain
Saxton entered into an arrangement with Captain
Reynals by which the vessel was chartered to the
United States for transporting troops and stores for
SOD day, the boat and machinery to
be kept in running order by the charterer.
The charter contained a clause as follows:--'It is
understood by the parties to this agreement that in
case the said stem ferry boat shall be conscated to
the United States then this contract shall be void,
otherwise to remain III full force and virtue" By
from December 49, 1861 after which either party had
right to cancel il. The vessel then taken to
In ss under the ns tier
steamer was taken by the Navy Department
and used for its purposes until she was
steamer lbelled az a prize of war by
United States District Attorney E. Delafed Smith
June 1862. the ground that at the time she was
seized by the Confederates she had received certain
contraband articles to be carried to Havana These
articles were the letters above referred to- The
Spanish railway company pressed for an immediate
trial, but was unable to secure it, The vessel
very useful one to the government. and. in
United States District Court to have the vessel ap-
praised, that upon the government dcposting the
amount of the appraisement subject to the final de-
cree OF the Court the steamer could be put in the
service of the navy. The motion granted, and
tho vessel was appraised at $4,000. She was then
converted to the use of the navy aud without COM
pance with the order of the Court for the deposit of
the amount of the appraisement. In June, 1868. by
decree of the United States District Court, it
decided that there not sufficient ground for her
seizure and it ordered that the vessel should be
restored to her owners. This was refused by the
naval authorities, and the claimants were left with
: out power. as the government cannot be sued for
damages. In October, 1sG3 with the consent of the
District Attorney it ordered that all further pro-
cecdings and litigation be stayed, in order that all
questions of damages which had been sustained by
the owners might be adjusted by the governments Of
the tne United states ana SPAN Then began nego-
tiations without end between the state De-
seven years afterward, May 20. 1870. in
order returning the to the District Court, Ito
obtain such further relief as justice may demand
and in the mode which that tribunal shall deem
proper and convenient" This order made by
J. c. Bancroft Davis. then Secretary of state. Upon
this order District Attorney Pierropont consented
that a reference be had to George r. Belts, Clerk Of
the United States District Court, to ascertain the
damages. HIS report was filed May TO- 1871. lie
found that the claimants EMIT ed to S2OO a day
from the day WHOM the vessel was seized up to the
time of the order OF restitution; that is to say.
from November 20, 1861, to June 20. 1863 being
SOS days, and making. with interest, the sum
due $l67, $40 &C. Beyond this $3.50 allow I'd
for the services OF agent $4,000 tor counsel fees
and s36,s,3 33 as the value of the vessel making
total OF s2l4.Ss4. The testimony and report
viewed Judge BlatcbfOrd and confirmed The
matter taken to the Supreme Court ut Washing
ton by Judge Noah Davis, then United States District
Attorney, aud it was decided that the allowance for
counsel fees was improper. The decision deliv-
cred by the late Chief Justice Chase who wrote that
it clear that the vessel was not lawful prize
subject of capture and the corporation which owns
her is doubtless entitled fair indemnity for losses
sustained by the seizure and employment of
the vessel; but II may be doubted whether IL
is not more properly subject OF diplomatic adjust
Inent than OF determination by the courts" In Do
ccmber. 1872. the cause was remanded for further
proceedings, and n second order of reference
made by Judge Batchford to Commissioner Ectts on
July ~. 1878, though this course opposed by
George Bliss. then District Attorney Proofs were
not nlcd until March IL, 1877 With the omission
OF the allowance tor counsel fees and an additional
allowance of interest 1T was similar to the previous
report. This report found District Attorney in
Office. and General woodford filed the same exccp-
tions as those OF District Attorney Davis to tile
first report He prepared an extensive brief in this
connection. but aftcrward came to the conclusion
that all the proceedings In the District Court
irregular, in that the United States party that
could not be sued. He made motion accordingly to
set aside the order of reference entirely This
tion argued about two months ago before Judge
Choate. and early last week u decision rendered
by him denying the motion on the ground
that the proceedings had been undertakcn
croft Davis and with the assent Of District Al
torney Pierrepont Motion was then made by Ds-
frict Attorney Woodford to file further exceptions to
Mr.. Belts report and Judge Choste rendered a de-
csion on Friday denying also this motion. Il think
1T Is now too late, says Judge Choae, ito allow the
amendments to the exceptions. except on matter of
form to make them applicable to the new report OF
the Commissioner a. they were conceded to be in
tended to be- There has not only been great laches
In making the application, bnt virtually upon the
same report. SO far as this question is concerned
the government took the same exceptions
in 1871 and stood by them in this Court
and the Supreme Court. such an amend
ment under these circumstances would, II seems to
me. not be in furherance but in subverson. OF JUS
tice aud OF all rcgularity aud proprety OF judicial
procecdtngs.' Argument on the exceptions To the
report was to have been heard in the United states
District Court yesterday. but upon motion was adj
1ourncd tor three weeks Judge Donohuc. when con-
ncced with tho firm OF Beehc. Donohuc Cooke was
the former counsel for the claimants. The case is
now in the hands of William Allen Butler. OF Butler,
Stlman h Hubbard
CHARLES Il. CARMAN'S ESTATE.
The late Charles z. Csrman, who died on septem-
her 30 1876, was a. is well known at the time his
death large owner OF real estate the upper cnd
OF New York island Carmansvle, the nucleus OF
his landed property. being named after him. Ito
left two children Mrs L,trpne t,unnirg and