Year: 1868

In THE U. S. SUPREME CoURT.-Ths steam


er was captured the 2d July, 1862, few miles from
the cargo prize OF war, at Key West. The capture
was effected till after six guns had been fired by the
unquestionably the cargo was to be transported to
Charleston other Southern port either In the
parties interested In the transaction, who were, with


out doubt alleged by the Government the Liverpool
shippers and the Rebel government walker tke master
on August O. 1862, filed claim for vessel and cargo,
stating that three parties owned the vessel and making
ayerment whatever to the ownership OF the cargo
simply saying that the cargo was shipped ut Liverpool
by Andrew Berne and consigned to saunders son. as
Nassau on Feb 26, 1863 the Court condemned vessel
ana % cargo a. pro oi d fterwoI in order 70 obtain


final disposition of the it was removed from the
Circuit Court to this Court by agreement OF counsel un-
ment now says The information derived from the
paratoy and the papers Of the vessel as to
the ownership of steamer and cargo, the commercial des
tnaton OF the cargo and the intended subsequent move
ments OF the vessel after her arrival a Nassau Is chiefly OF


negative sort This Is feature perfectly CHARACTERISTIC or
this class OF Everybody usually on board OF such


vessel he knows nothing about the 1t was
vessels engaged I'm this business OF running the blockade
from Nassau to maintain state OF absolute ignorance Of
tho parties concerned and OF the true character OF he
transactions in which they engaged This was sup
posed to be very good foil 10 the OF the
prize courts under the strenuous requirements OF
order for further proof those courts usually Obtained
all that was necessary 70 decision OF the cases I1e
show that 1t sustained the condemnation the @
submit that the Do hat osss Vas


s being made satisfactorily 10 appear tha nassau Was
not tbs ultimate destination OF the shp-the end OF the
VOyage-but that she was now salllg
was end at bockaded port and upon this
point il is submitted that the weight OF evidence Is that
Nassau the end OF this voyage although IL was pos
sbe that tho ship. when at Nassau might accept new
employment that when accepted would sneet hsT 10 10
capture Beyond doubt the pursuit began we te Auela
was i'm British waters Upon this point OF fact there can
be no question, and the is scarcely less clear
that the capture was consummated before the ship
had been driven beyond the protection OF the marked
Jurisdiction The witnesses, all but one are agreed upon
this point and perhaps the most trustworthy OF them
was Robert Monteith, able seaman, who was on deck
when the firing began, and he Judged the Adea to pe
sso o,.o al Fropn land


sled that the Adela was captured while In neutral
waters we have the case presented OF Illegal capture
and the question then arises whether the claimants are
IN position TO insist upon the ilegallty and TO have
decree OF esttutOn The Government ofhe United states
always expressly dsclamed tho right TO seize vessels IN
British In other neutral waters IL earnestly
claimed that this action OF the Government OF the United
states places the claimant OF the captured British yesse


In a positiOn different from that which no would nave
occupied had these and similar letters not been wrtten
and that such claimant has right TO protectlon ana
restitution In the manner as inc Brlsn 1Orern
men itself were the claimant IL the British Government
were the claimant it Is clear upon authority and prin
cipe that the ship and cargo would be restored That
Government may day be a claimant. Mr. Stanbery
aud Mr. Ashton for Government o. f. smith LOT Claimant