The Wave.

priated to the use of the United States naval service on that station, at the valuation of $200.

Let a decree be entered for the condemnation and forfeiture of the vessel and cargo to the libellants.

THE SLOOP WAVE AND CARGO.

The vessel was, after her capture, appropriated to the use of the United States, and was not sent into port. Her cargo was sent in by another vessel, and was arrested in this suit. None of her company were sent in as witnesses. A person present at the capture was, by order of the court, examined as a witness.

Cargo condemned for a violation of the blockade.

Vessel discharged for want of legal arrest and prosecution.

(Before BETTS, J., February 28, 1863.)

BETTS, J.: The vessel and cargo above mentioned were captured, as prize, June 27, 1862, in Mississippi sound, by the United States. brig Bohio; and the vessel not being deemed seaworthy, the captors transmitted the cargo found on board of her to this port for adjudication. On the return of process of attachment against the cargo, September 2, 1862, the United States attorney moved for and obtained a decree by default condemning the same as forfeited. He also, on July 29, applied for and obtained, for cause then shown, an order of the court to examine Dewitt Kells, a person present at the aforesaid capture, but not one of the company of the said prize vessel, as a witness in preparatorio in this suit. That examination was accordingly made by one of the prize commissioners July 31, 1862, and filed September 9 thereafter, and is now submitted to the court, and final judgment of condemnation and forfeiture of the said sloop and her cargo, as prize, is prayed by the United States attorney thereupon. The witness testifies that the capture was made as alleged in the libel; that the prize was immediately thereupon, by the order of senior officer Hitchcock, of the Susquehanna, appropriated to the use of the gun-brig Bohio, and was never brought into this port; that the cargo seized was, by order of the said Hitchcock, transported to the prize-steamer Anne, and brought to the city of New York; that the seizure was.made because the vessel and cargo were confederate property, and were bound from Mobile, a blockaded port, to Pascagoula, an enemy's port; that the capture was witnessed by him; that there were only four persons on board of the captured vessel; that they were of a low class, and were not brought to this port; and that Pas

The Reindeer.

cagoula was a place then under blockade. No papers were found on board of the captured vessel.

The return made by the marshal, on the warrant of attachment, is, that he attached the Wave and her cargo. This, on the proofs, was clearly only so as to the cargo, which was present and within the reach of the process; but the process could be served only symbolically on the sloop, as there is no evidence of an appearance in her behalf, nor is any legal proof furnished for omitting to bring to this port the persons apprehended with the vessel, nor that degree of proof adequate to show that she was enemy property, or had violated the blockade.

As to the cargo, that being held under actual custody by the court, the monition issued on such seizure, and legally served, and not replied to, furnishes prima facie evidence of the truth of the allegations made against it by the prosecution. That character of proof is augmented by the testimony of the witness present, that the cargo was captured by the libellants in the act of being transported from one blockaded port to another. The default is adequately sustained thereby, so far as to entitle the libellants to demand the full confisca tion of the cargo.

The cargo is, accordingly, ordered to be confiscated, and the sloop is acquitted in the suit, for default of legal arrest and prosecution as to her. The case of The United States v. The Joseph H. Toone, in this court, (October term, 1862,) is in point, and presents the authorities upon which the decree in that case rested.

Let there be a decree for the forfeiture of the cargo, and the discharge of the vessel for want of prosecution.

THE SCHOONER REINDEER AND CARGO.

Vessel and cargo condemned as enemy property, and for a violation of the blockade.

(Before BETTS, J., March 17, 1863.)

BETTS, J.: The above vessel and cargo were captured in the Gulf of Mexico, September 17, 1862, by the United States bark William G. Anderson, as prize, and put in charge of a prize-master, and or dered to this port for adjudication. On her passage to this place a survey was had upon the vessel at Key West, and, she being adjudged thereby to be unseaworthy, she was appropriated to the use of the United States, and her cargo was remitted here, and was arrested

The Hetwan.

by the marshal, on due process of attachment in this suit, which was returned as served, and filed in court February 10, 1863. The libel in the cause, filed January 19, 1863, alleges the vessel and cargo to be prize of war. No claim or answer was interposed in the suit, and on the 17th of February a decree by default was duly made in the case. On the part of the libellants a consent in writing was given and filed, February 23, 1863, that 73,533 pounds of cotton, parcel of the cargo, or its proceeds in court, if sold, should be remitted to James Millinger, or his agents or attorneys; upon which consent, a decree or order to that effect was duly made and entered in court on the 27th of February thereafter.

The testimony of the master, taken in preparatorio, proves that the vessel and cargo were owned by residents of the Confederate States, and that she sailed under the confederate flag, and under a clearance and a pass from confederate authorities, and was captured the day after she sailed from Galveston. She was consigned to HaShe was built in Texas or Louisiana, and named the Jefferson Davis. The master altered her name to the Reindeer before commencing this voyage. No papers were found on board of the vessel when she was taken possession of on capture.

vana.

There is no ground for question, on the proof, that the vessel and cargo were enemy property, and that she sailed from Galveston with design to violate the blockade then imposed upon that port. Decree of condemnation accordingly.

THE SCHOONER HETWAN AND CARGO.

Vessel and cargo condemned as enemy property, and for a violation of the blockade.

(Before BETTS, J., March 17, 1863.)

BETTS, J.: In this, as in the preceding case, the cause comes before the court for adjudication solely upon the papers submitted on the part of the libellants. The libel avers the capture of the schooner and her cargo on the 21st of January last, at sea, off Charleston harbor, by a United States gunboat, as prize of war; that the vessel, being found unseaworthy, was appraised by a board of naval survey, and left at Port Royal, with the flag-officer at that port, for the use of the government, and that the lading on board of her was brought to this port, within the jurisdiction of this court. A warrant and a monition were here issued against the same, February 12, 1863, and were returned

The Anna.

by the marshal, duly served, March 3 thereafter, and a default, for want of appearance and answer, was taken publicly in court. Thereupon, upon the papers found on the schooner, and the proofs in preparatorio laid before the court, judgment of condemnation was prayed by the libellants against the cargo and the proceeds of the vessel in court.

1

The master, captured with the vessel, testifies, that he is a native and a resident of one of the Confederate States, and owes allegiance to those States; that he took possession of the vessel seized, in Charleston, and was captured in attempting to come out of that port with her, in violation of the blockade; that the vessel and cargo were owned by persons residing in the Confederate States; that the voyage was intended to be from Charleston to Nassau, N. P.; that the schooner left Charleston under a military pass from the confederate authorities; and that he knew of the war and the blockade, and was captured when heading out of Charleston harbor. The vessel had a permanent register, dated November 11, 1862, from the confederate authority at Charleston, to J. E. Hertz, of that place, and an invoice, bill of lading, &c., assigning the cargo to Adderly & Co.

From this statement of the evidence, it is palpable that the evasion of the blockade in this case was deliberately undertaken, and that the vessel and her cargo were the property of the enemy.

I accordingly decree the condemnation and forfeiture of the schooner and of all the lading on board of her.

THE STEAMER ANNA AND CARGO.

Vessel and cargo condemned as enemy property, sailing under the enemy's flag, and under passes from the enemy.

(Before BETTS, J., March 26, 1863.)

BETTS, J.: The libel, filed March 5, 1862, alleges the capture of the steamer and cargo, as prize, November 22, 1861, in Mississippi sound, between Biloxi and Ocean, Spring, by the United States steamer New London. The vessel was appraised by a naval survey, December 26, thereafter, and appropriated to the use of the libellants, and the cargo was transmitted by another vessel to this port, for adjudication. A decree by default was rendered against both vessel and cargo, March 24, 1863; and the vessel's papers and the proofs in preparatorio have been laid before the court, to determine the liability of the captured property to confiscation.

The Minna.

The steamer was enrolled and licensed to citizens of the Confederate States, under the laws of those States, July 1, 1861, and was in the employ of such citizens when seized. The master testifies, on his examination, that the vessel was, when captured, sailing under the confederate flag, and had no other on board; that he is a citizen and a resident of a confederate State; that the vessel was engaged in trade between the ports of Pascagoula and New Orleans; that he was part owner of the vessel, and had an adventure in the cargo; and that he knew of the war and that those ports were under blockade. The witnesses examined, all of them, knew of the war and that those ports were under blockade.

It being thus demonstrated that the vessel and cargo were enemy property, sailing in the interest of the enemy, with the aid of passes from and protection of the flag of the enemy, the property captured is plainly prize of war; and, no defence being interposed, a decree of condemnation and forfeiture is directed to be entered.

THE BRIG MINNA AND CARGO.

Vessel and cargo condemned for an attempt to violate the blockade.

The court will take judicial notice of the fact that the shipper at Nassau, a neutral port, of a cargo captured as prize, for an alleged attempt to violate the blockade, is a person who is shown by the records of the court to have been actively engaged in trading to and from the blockaded ports of the enemy.

(Before BETTS, J., March 26, 1863.)

BETTS, J.: A libel was filed in this suit March 2, 1863. The warrant of attachment and the monition issued thereon were returned by the marshal as duly served, on the 24th of the same month. A default was ordered therein by the court, and the ship's papers, with the proofs in preparatorio, and the proceedings in the suit, were, on the same day, submitted to the court for adjudication.

The libel alleges the capture of the vessel and cargo by the United States steamer Victoria, on the 18th of February last, at sea, near Beacon inlet, off the coast of North Carolina, and that the vessel and cargo are subject to condemnation and forfeiture as prize of war, and were sent to this port for adjudication for that cause.

There was found on board of the vessel, when seized, a certificate of British registry of the vessel, at the port of Quebec, to Thomas Norris, of that place, as owner, bearing date October 10, 1853. There are frequent changes of the command of the vessel indorsed on the