Evening star. [volume] (Washington, D.C.) 1854-1972, 1915-07-17
ton, real or pretended. to touch at in

I -
ton, real or pretended. to touch at in.
! termediate neutral ports.
| "Neutrals may convey to belligerent
ports. not under blockade. whatever
belligerents may desire to take excep,
contraband of war. which is always
| subject to seizure when being conveyed
to belligerent destination, whether
the voyage be direct or indirect; such
seizure. however. is restricted to actual
contraband and does not extend to the
ship or other cargo, except in cases
of fraud or bad faith on the part of the
owners, or of the master with the sane
! ton of the owners.
Vessels containing contraband cargo
to belligerent ports not under block
ade, under circumstances of fraud or
bad faith. or cargo of any description
| to belligerent ports under blockade. are
liable to seizure and condemnation
from the commencement to the end OF
the voyage.
"A voyage from a neutral to a bel
age. whether the destination be ul-
terror or direct. and whether with or
without the interpostion of one or
more intermediate ports: and whether
to be performed by one vessel or sew
eral employed in the same transaction
and in the accomplishment of the same
purpose.
Destination alone justif1es seizure
ana condemnation of ship and cargo
IN voyage to ports under blockade, and
such destination justifies equally seiz-
ure or contraband in voyage to ports
not under blockade: but in the last
case ship and cargo not contraband are
Tree from seizure. except in cases OF
fraud or bad faith.
circumstances. such as selection OF
master, control in lading and destina-
ton, instructions for conduct Of voyage
ana other like acts of ownership by
an enemy, may repel, in the absence
VI charter party or other explanation
presump:ions of ownership in a neutral
arising from registry or other docu-
ments. and will warrant condemnati ton
o! ship captured in the employment
OF enemies as enemy property.
spoilatlon OF papers, at the time OF
capture. under instructions and with
instructions. or otherwise. warrants
the most unfavorable differences as to
employment, destination and ownership
OF the captured vessel"
The Springbok Case.
Again, during the civil war the adj
mittedly British bark Springbok was
captured at sea by the United States
gunboat Sonoma and was libeled with
her cargo in the district court of the
United States for the southern district
of New York for a prize. The vessel
was owned by May & Co, British sub
!ects. and had been chartered in Novem-
Der. 1852. to T. S. Begbie of London, to
take cargo to Nassau. B. w. l.. "or
SO near thereunto as she may safely
get and deliver same" The captors
did not charge that the Springbok in
tended to run the blockade then main
tanned by the United States against the
southern coast of this country The
captors did charge that much of the
Sprlngbok's cargo was contraband of
war. 1t contained army blankets
boots and a few arms.
Into this case was placed the evil
dence in the cases of two other prize
libels. one. the United States against
the steamer Gertrude, and the other
the United States against the schooner
stephen Hart. The cargo of the Hart
and both the vessel and cargo of the
Gertrude had been condemned by the
courts as lawful prizes.
The reason the evidence in these
two cases was placed in the case OF
the Springbok was that there was an
identity of agents as well as an iden-
tlty OF cargo and cargo markings as
to those ships and the Springbok Beg
bic was in fact the owner of the Ger
trude as well as the charterer of the
Springbok. Speyer and Haywood
agents for the charterers of the SPRING
box. were agents for the schooner
Hart.
The Springbok sailed from London
in December. 1862. and was captured in
February, 1863, making for the harbor
OF Nassau, B. w. l., a port known to
be used for transshipment of cargoes
intended for Confederate states ports
under blockade.
Ship Released, Cargo Held.
The district court of the United
New York adjudged both ships and
cargo of the Springbok lawful prize.
On appeal, the Supreme Court of the
United States reversed the decree of
the district court as to the ship. but
without costs or damages to the claim
ants. and affirmed the judgment of the
district court as to the cargo.
The Springbok case is reported in
Wallace's reports, Supreme Court of
the United States. volume 5, page l.
Abiding to the fact that Regbie was
the owner of the Gertrude and engaged
in the business of running the block
ade. the court, in its opinion. said:
III these circumstances were INSULT
cient grounds for a satisfactory con-
clusion, another might be found in the
presence of the Gertrude in the harbor
of Nassau with undenied intent to
run the blockade about when the ar
rival of the Springbok was expected
there. 1t seems to us extremely prob
able that she had been sent to Nassau
to await the arrival of the Springbok
and to convey her cargo to a bel
ligerent and blockaded port, and that
she did not SO convey it because the
voyage was intercepted by the capture
"All these condemnatory circum-
stances must be taken in connection
with the fraudulent concealment at
tempted in the bills of lading and
the manifest. and with the very re-
markable fact that not only has nc
application been made by the claimants
for leave to take further proof in order
to furnish some explanation of these
circumstances, but that no claim, sworn
to personally, by either of the claim
ants has ever been filed.
Upon the whole case we cannot
doubt that the cargo was originally
| shipped with intent to violate the
| blockade; that the owners of the cargo
| intended it should be transshipped a.
| Nassau into some vessel more likely
| to succeed in reaching safely a block
! AIDED port than the Springbok: that the
| voyage from London to the blockadet
port was. as to cargo. both in law ant
| in the intent of the parties, one voy
| age: and that the liability to con
demnation. il captured during any par
| of that voyage, attached to the cargo
from the time of sailing"
| In the statement of the Springbol
case, from which the above is quoted
| it is said, so far as the law as laid doWr
| is concerned:
where the papers of ship sailing