Year: 1868

The Prize Laws-Guns for the Juarez Gov.


ernment Seized-Remanded for Inquiry ~


to Violation of Revenue or Neutrality Laws.


The United States appellants, Us. The schooner.
Wdtchttu ana Caryo.-Appeal from the District
Court for the Eastern District Of Louisiana. The
facts OF this cause sufficiently resated in the
opinion Of the court delivered by Mr.. Justice
Miller:-The vessel and cargo which the subjects
of this suit were libeled prize Of war, and de-
was rendered dlsmissing the libel and restoring
the property to the claimant 1t is very clear that
there is Of prize made out by the evidence.
The claimant, John G. Wallis, a citizen of Penn
sylvania, residing at Philadelphia and there is no
reason to doubt his loyalty to the federal govern
ment during the recent war. The property, which
was undoubtedly his, was therefore not enemy pro-
perty. Nor Is there any evidence Of intention TO
break the blockade or trade with the enemy. The
simple story disclosed by the record, with nothing
to contradict it, Is this:-Caimant had sold to that
party In the late civil war in Mexico which
was led by President JuareZ 252 cases OF firearms,
which he had agreed to deliver the Mexican coast
near Matam0rOs: and when his vessel arrived near
that place 1t was found that the French army occu-
pied the port, and no delivery could be made to the
Juarez party. Under these circumstances the officer
in command started for New Orleans, not then block
aded but in the possession OF the Union forces On
the way to that port the vessel was captured and
sent IN prize. The case Is 80 destitute Of an
OF taar ,ae "e was





ssts that the record before discloses such gross
violation Of our navigation laws, and possibly Of our
revenue and neutrality laws that the should b
remanded to the District Court with leave to fle q
new libel or for such other proceedings as the gov
ernment may deem advisable In the matter. The
record stands, shows that the vessel cleared fo1
Hamburg, when her destination certainly Mate
moros; that her clearance was probably altered
after she was at sea BY writing over the word
"Hamburg' the word "Matamoros;" that q false
manifest used, and the fact Of the main cargo Of
two hundred and nty-two cases OF arms being ON
board was carefully concealed from the officers Of
the customs at New York, from which port
she sailed 1t is not necessary TO 90 any further Into
the evidence, or to express any other opinion upon
II than to say that 1t presents Drnd ucie Of
violation Of municipal law which justles further In
vestgation. In the case OF the United States Va.
Mead ct al 10 WALL 62 we had OCCASION at the last
term consider the question Of the practice proper
under such circumstances We then came to the
conclusion that when sufficient evidence was found
to justify It, the would be remanded to the court
below for an amendment Of the libel, upon such 9TH
er proceedings as the government might under all tho
circumstances, chose TO adopt The Judgment OF the
District Court, dismssing the libel In prize Is ac-
cordingy affirmed, but that part OF the decree award
ing restitution OF the vessel and cargo IL reversed,
with directions to allow libelant q reasonable time
to file new libel. II this be not done within the time
thus fixed by the court the property to be restored
by new decree.