The Irish standard. [volume] (Minneapolis, Minn. ;) 1886-1920, 1897-04-24
Dramatic Scene Between Emmet
and Pinkney in Washington.
THE CASE OF THE MERCEDES.
A Question Of international Law
in the Supreme Court
CHIEF JUSTICE MARSHALL.
satirica1 Opinion, Digmfied Rebuke
and an Apology.

"a ia lSOl VkAuAVns ~A6
and an Apology.
II
The Mercedes; Bennett, Master. Such
is the unpretentious title of one OF the
most important cases ever. adjudicated
in the United States Supreme Court. 1t
is important, not only to the princi-
1 ples Of international law it settled, but
for elicting one Of the most learned and
exhaustive Of Chief Justice Marshalls
opinions. for the i1lustrious lawyers 1t
summoned to the forum, and for the
thrilling scene which gives dramatic In
terest to the unwritten part of the his
tory Of the case, says l.. B. Proctor, In
the American Lawyer.
On Aug. 16, 1918, Manuel Pinto, dis
tinguished and wealthy citizen OF Bue-
nos Ayres, being in London, contracted
with the owners Of the British ship
Mercedes to charter him the vessel to
convey freight on voyage from Liver
pool to Buenos Ayres and return to Lon
don.
The Mercedes was large, beautiful
vessel, admirably prepared to carry
freight and passengers. At this time the
United States and Great Britain were at
war. To resist the attack Of American
cruisers the ship carried strong arna-
ment, mounting fifteen guns, and her
crew were as we'll armed and skilled in
the art of maritime warfare. Mss6i1tc
invited a number of eminent English
gentlemen, his friends, to accompany
him to his native city, and return to
London. The invitation was accepted,
and they left London with the prospect
Of a delightful excursion to South
America. - ;s..'...~
Everything promised this result, until
the morning of Dec. 10, 1918, when, off
the Maderias, the American armed ship,
bearing the name of the great war gov
ernor of New York, Daniel D. Thompk!ns
hove in sight, and upon sighting the
Mercedes, with the royal .colors of her
country at her masthead, bore proudly
and daringly down upon her. The crews
of both ships, confident of victory, hailed
the signal for battle with "the stern
Joy which brave men feel in the pres
ence of foemen worthy of their steel"
Most of the passengers of the Mercedes
prepared to take part in the approaching
contest. The sea was comparatively
calm, but the stiffness Of the morning
was soon broken by the thunder OF
cannon from the contending vessels. For
over an hour the contest ragged with ter
rible fury but, finally, the Mercedes was
compelled to strike her colors. She sur
rendered to her American conQuerOr, and
was brought into the port of New York
amid great rejoicing. Her exceedingly
valuable cargo was libeled. The ship
and that part of her cargo which be-
longed to the British subjects were con-
demned without claim, but that part Of
the cargo-by far the largest and most
valuable to Mr.. Pinto, with
that of her other owners in Buenos Ay-
res, was claimed by himself and them on
the ground that they were natives of a
neutral government.
The case created intense interest in
America and Europe, as there were mill
lions of property dependent upon the re-
suit of the case.
Mr.. Pinto Immediately retained Thom-
as Adds Emmett of the New York bar,
the peer Of Writ, Pinkney, Dallas, Ran
dolph and other great American law
yers.
He was native of Ireland, and with
Curran and other illustrious jurists,
stood at the head of the Irish bar. The ia
the Irish and American bars was the re-
ward of powerful mind, deep erudition
as lawyer, rare accomplish as a
scholar and, as was said Of him by the
great and learned Deur, IAN orator,
clear, copious, fervid, alike powerful to
kindle the Imagination, touch the affec-
tens and sway the reason" For his in
trepids and powerful defense of Ills coun-
trymen engaged in the great Rebellion
Of 1898, he was arrested on the charge Of
treason, tried, convicted and sentenced
to the same fate that sent his brother,
the famous Robert Emmet, to the scaf-
: fold. Through the influence of his
friend. Sir James Macintosh, the dis
tinguished historian, his sentence was
commuted to imprisonment In Fort
George, Scotland. for life. After re-
rnaining in Fort George for three years,
through the powerful influence OF his
friends. his sentence was again com.
muted to eternal banishment from alI
British dominion. Rufus King was then
our minister to England. Through the
Influence of British ministry he became
bitterly prejndiced against Emmet He.
elyorsd shayeI pEov ton ipsssted,