Evening star. [volume] (Washington, D.C.) 1854-1972, 1915-07-17

| under a charter party are all genuine
and regular, and show a voyage be-
tween ports neutral within the mean
ing of international law; where there
has been no conceaiment or spollatlon
of them: where the stipulations of the
charter party in favor of the owners
are apparently in good faith: where
the owners are neutralS, have no inter-
est in the cargo. and have not pre-
viously in any way violated neutral
obligations, and there is no sufficient
proof that they have any knowledge
of the unlawful destination of the
cargo-in such a case, it's aspect being
otherwise fair, the vessel will not be
condemned because the neutral port
to which it is sailing has been constant
ly and VIGOROUSLY used as a part of
call and transshipment by persons en-
gagged in systematic violation Of block
/ AIDE. and in the conveyance of contra
band of war. and was meant by the
owners of the cargo carried on this
ship to be SO used in regard to it,
For those reasons the Supreme Court
of the United States freed the vessel.
reversing the lower court, although on
other law points which are similar to
court sustained the lower court in de-
claring the cargo of the Springbok
prize.
The Springbok decision was severely
criticised by European commentators.
Matamoras Cases.
What are known as the Matamoras
cases have an interesting bearing on
the questions now at issue between the
United States and Great Britain. There
were three of these, arising out of the
seizure of the Peterhoff, the Science
and the Volant. Matamoras, Mexico,
posite Brownsville, Tex, was known
as a base from which supplies We're
shipped into the Confederacy. Febru-
airy -. 1865. the British steamer Peter
non was captured by the u. S. S. VAN
derbilt near st. Thomas Danish West
Indies. on her way from London to
Matamoras, and was taken to New York
as d prize. The district court condemned
heI and her cargo. and an appeal was
taken to the Supreme Court, which
released the ship and part of her car
go. confirming the condemnation Of
the remainder of the cargo. In its. de-
cision the Supreme Court held that
the mouth Of the Rio Grande. to
which the Peterhoff was bound, was
not included in the blockade of the
ports of the rebel states, and that neu-
trail commerce with Matamoras, eX-
cept in contraband. was entirely free"
II also held that neutral trade to or
from a blockaded country by inland
navigation or transportation" was
lawful. The court therefore ruled that
such. portions of the Peterhoff's cargo
as were used primarily for purposes
of war We're obviously centraban and
subject to seizure. while other portions
used exclusively for peaceful purposes
were not so subject. A third class of
goods. used for purposes OF peace or
war. according to circumstances, were
not proved to have been destined for
belligerent uses. and were therefore
released
An important question was raised in
connection with the goods of an obvi-
ously military use, the owners contend
ing that they were free of liability, in
asmuch as they were intended for sale
in the market of Matamoras, for any
purchaser who might seek them: that
they were. in fact. consigned to Mata-
moras to form part of it's general stock
in trade. The court admitted that II
such were the case the goods would no.
be liable to seizure, but held that all
the circumstances indicated that the
articles in question were designed for
the rebel forces at Brownsville and
other places in the vicinity, and ac-
cordingly condemned them. In short,
the court held that the claim of con-
signment to common stock in an open
market was not conclusive evidence of
such destination sufficient to protect
goods from seizure as contraband. In
this connection the court rendered tue
following ruling:
"Contraba merchandise is subject
to a different rule in respect to Interior
destination than that which applies to
merchandise not contraband. The lat
ter is liable to capture only when a
violation, of blockade is intended: the
former when destined to the hostile
country, or to the actual military or
naval use of the enemy, whether block
AIDED or not"
The Science and the Volant, and their
cargoes, were released by the Supreme
Court on the ground that there was no
proof that the goods were destined to
enemy territory or immediate enemy
use, Notwithstanding that a portion of
each cargo consisted of bales of cloth
such as that from which Confederate
uniforms were made.
Claims for damages were made in
four cases, the Springbok. the Peter
hoff. the Dolphin and the Pearl, before
an international commission, none be-
ing presented in the case of the Ber-
muda. The commission unanimously
disallowed the Peterhoff, Dolphin and
Pearl claims, and in the case of the
Springbok granted $5.065 damages for
the detention of the vessel from the
date of the decree of the district court
until, her discharge under the decree
of the Supreme Court. The commission
consisted of /. S. Frazer, former justice
of the Indiana supreme court: Russell
Quincy. a member of the British privy
council, and Count Corti, Italian minis
ter at Washington.
- 49, Il 4