1. Spoliation of papers not explained by satis- factory proof. The Zavalla, 173,
2. The intentional mutilation of the log-book
of the vessel is convincing evidence of an attempt by her to perpetrate a fraud, in violation of the law of nations, for which she and her cargo are subject to forfeit- The Mersey, 187.
3. It will always be inferred that the papers of a vessel which have been destroyed related to the vessel or cargo, and.that it was of material consequence to some un- lawful interests that they should be de- stroyed. Id.
4. The spoliation of papers is not per se a
ground for necessarily condemning a vessel, but it raises a strong presumption of fraudulent purposes in those having charge of her, which will effect her con- demnation if not satisfactorily accounted for. Id.
5. The particulars of the mutilation of the log-book in this case stated. Id.
6. The log-book was mutilated with intent to mislead and deceive with regard to the purposes of the voyage, in fraud of the belligerent rights of the United States, and the culpability thus shown, coupled with other marks of disguised and dis- honest practices, demands the condem- nation of vessel and cargo. Id.
7. Spoliation of papers by the master. The Tubal Cain, 240.
8. Spoliation of papers by the master. The Ann, 242.
9. Spoliation of papers by the master. The Lizzie, 243.
10. Imperfection and mutilation of the log- book. The Stettin, 272.
11. Mutilation and imperfection of log-book. The Albert, 280.
12. Mutilation and alteration of log-book. The Maria, 283.
13. The mutilation of the log-book of a vessel is sufficient cause for her condemnation as prize if she was seized under circum- stances which placed it in her power to violate a blockade, unless the mutilation is clearly and satisfactorily explained by the proofs. The Ella Warley, 288. 14. Spoliation of papers. The Ouachita, 306. 15. Spoliation of papers. The Granite City, 355. 16. Spoliation of papers. The Douro, 362.
17. Letters of instruction not delivered up by the master to the prize-master at the time of capture, but only produced by him on his examination on the standing interrogatories. The Stephen Hart, 387. 18. Attempted suppression, by the first officer of the vessel, of letters showing an in- tention to violate the blockade. Id. 19. The spoliation of papers is a strong circum- stance of suspicion. It is not, however, either in England or in the United States, held to furnish, of itself, sufficient ground for condemnation, but is a circumstance open to explanation. But if the expla- nation be not prompt and frank, or be weak or futile, if the cause labors under heavy suspicions, or if there be a vehe- ment presumption of bad faith or gross prevarication, it is ground for the denial of further proof, and the condemnation ensues from defects in the evidence which the party is not permitted to sup- ply. Id.
20. Papers on board of the vessel were de-
stroyed at the time of her capture, some by being burned and some by being thrown overboard by order of the mas ter. The Peterhoff, 463.
21. False evidence of the master as to the de- struction of the papers. Id.
22. The spoliation of papers on board of a neu- tral vessel, when overhauled by a bel- ligerent cruiser, is of itself a strong cir- cumstance of suspicion. Id.
23. In England and in the United States spolia- tion of papers is not held to furnish of itself sufficient ground for condemnation, but to be a circumstance open to expla nation; yet, if the explanation be not prompt or frank, or be weak and futile, if the case labors under heavy suspicions, or if there be a vehement presumption of bad faith or gross prevarication, it is ground for the denial of further proof, and condemnation ensues from defects in the evidence, which the party is not permitted to supply. Id.
24. Destruction of the vessel's papers by her master just before capture. The Emma,
25. Mutilation of the log-book and destruction of papers. The Ella Warley, 648. See CONDEMNATION, 24. EVIDENCE, 30.
1849, March 3, Prize Money, 61. 1853, February 26, Costs and Fees, 206, 601.
1861, July 13, Confiscation, 1, 52, 69, 91, 92, 119, 127, 291, 382.
1861, August 6, Confiscation, 1, 52, 69, 382.
1861, August 6, District Attorney of New York, 337.
1862. March 25, Compensation of Officers, 206, 337, 585, 601.
1862, March 25, Costs in Prize Cases, 635. 1862, March 25, Prize Money, 584. 1862, March 25, Sale of Prize Property, 632, 638.
1862, July 17, Compensation of Officers, 585, 595, 601.
1862, July 17, Prize Cases, 310, 337, 638. 1862, July 17, Prize Money, 584. 1863, March 3, Confiscation, 382.
1. The views of the members of the govern- ment of Great Britain as to the adminis. tration of prize law by the courts of the United States during the present war, as to the belligerent right of search, as to violation of the blockade, and as to the carrying of articles contraband of war, stated. The Stephen Hart, 387.
See BLOCKADE, 1, 54.
CAPTURE, 1, 3 to 5, 8, 11. CLAIM, 1.
CONDEMNATION, 40, 97, 100, 113. CONFISCATION, 2.
ENEMY, 1, 15, 16, 19, 22, 35.
EVIDENCE, 15, 28.
FREIGHT, 3, 4.
JURISDICTION, 2, 5, 6.
MAIL.
MASTER, 1.
NEUTRAL, 5.
PRACTICE, 6, 43, 45, 47, 60. PRIZE MONEY, 2, 11, 12. RESTORATION, 19. SALVAGE. SPOLIATION, 6, 19. WAR, 1, 3 to 5. WAREHOUSEMAN.
1. A vessel is clothed with the character of the flag she wears. The Hallie Jackson, 2. 2. One-eighth of the vessel being condemnable in any event, the libellants have a right to enforce their remedy against her as an entirety, whether they retain or remit the proceeds. The Napoleon, 357.
3. In this case it was held that the claimant of the vessel had given up the entire con- trol of her movements to the owners of her cargo, and had involved her in any illegality of which they or her master had been guilty in respect to the cargo. The Stephen Hart, 387.
1. The existing war between the United States and the rebels is a defensive war on the part of the former. No formal declaration of war by the President was necessary to render lawful the means adopted by him to repel the warlike measures of the enemy. The Hiawatha,
2. Under the law of nations, the rights inci- dent to a war waged by a government to subdue an insurrection or revolt of its own subjects or citizens are the same, in regard to neutral powers, as if the hos tilities were carried on between inde- pendent nations. Id.
3. The hostilities commenced against the United States by the seceded States have produced a state of war between the two communities, as consequent to which the United States are authorized to employ against their enemies the means of resistance and attack, by land or naval forces, which are justifiable under the law of nations. The Sarah Starr, 69.
4. A blockade of the ports of their enemy is one of such lawful means, and is inci- dent to the war power, and may be im- posed by the President flagrante bello, without any act of the legislature de- claring it. Id.
5. The hostilities subsisting between the gov- ernment and the rebels have the charac- ter and attributes of a public war, and the rules of national law applicable to wars of that description govern the rights and liabilities of persons whose property is captured, as prize of war, during such hostilities. The Mary Clin- ton, 556.
See BLOCKADE, 1, 2, 38, 49, 52 to 54, 60, 64. CAPTURE, 9, 10.
CASES COMMENTED ON, 3. CONDEMNATION, 97, 100. CONFISCATION, 2.
CONTRABAND OF WAR.
ENEMY, 1, 2, 7, 8, 11, 13, 15 to 19, 21, 22, 32 to 37.
INVOICE, 2.
LIEN, 8.
MASTER, 4, 6.
NEUTRAL, 3, 4, 17, 18.
PAPERS, 1, 16.
PRACTICE, 33, 58.
RESTORATION, 2, 24.
UNITED STATES.
1. In this case, after the decree of this court condemning the property seized as prize had been reversed by the circuit court on appeal, and the property had been restored to the claimant, a warehouse- man presented his bill of charges for ser- vices in regard to the property rendered under the official employment of the officers of the court. The court allowed the bill, the amount being a charge upon and payable out of the fund for defraying the expenses of suits in which the United States is a party or interested, under section 14 of the act of June 30, 1864, (13 U. S. Stat. at Large, 311.) 282 Bales of Cotton, 610.
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