Statement of the case. The cargo, valued at £66,000, was covered by three bills of lading (of which two were duplicated, the duplicates marked Captain's copies), as follows: Bill of lading marked No. 2, showed "666 packages merchandise," shipped by Moses Brothers, to be delivered, &c.; at port of Nassau, N. P., unto order or to — assigns, he or they paying freight, as per charter-party. It was indorsed by Moses Brothers in blank. This bill of lading on its face showed 150 chests and 150 half-chests tea, 220 bags coffee, 4 cases ginger, 19 bags pimento, 10 bags cloves, and 60 bags pepper-in all, 613 packages. The remaining 53 were entered as cases, kegs, and casks. These 53 packages were found, when the cargo was more closely examined, to contain medicines and saltpetre; matters at that time mueh needed in the Southern States, then under blockade. Bill of lading No. 3, showed one bale and one case shipped by Speyer & Haywood, to be delivered at Nassau, unto order assigns, &c., paying freight as per charter party. or to Bill of lading No. 4, showed 1339 packages shipped by Speyer & Haywood to Nassau, as above. These 1339 packages were also described as cases, bales, boxes, and a trunk. This was also indorsed in blank. The manifest gave no more specific description of the character of the cargo. It was signed Speyer & Haywood, brokers, and showed that the whole cargo was consigned to "order." An examination of the packages in bills Nos. 3 and 4 showed 540 pairs of "gray army blankets," like those used in the army of the United States, and 24 pairs of "white blankets;" 360 gross of brass navy buttons, marked "C. S. N.,"* 10 gross of army buttons, marked "A.,"† 397 gross of army buttons, marked "I.,"‡ and 148 gross of army buttons, marked "C.,"§ being in all 555 gross; all the buttons were stamped on the under side, "Isaac, Campbell & * Confederate States Navy? † Artillery? Statement of the case. Co., 71 Jermyn st., London." There were 8 cavalry sabres, having the British crown on their guards; 11 sword bayonets, 992 pairs of army boots, 97 pairs of russet brogans, and 47 pairs of cavalry boots, &c. The vessel set sail from London, December 8th, 1862, and was captured February 3d, 1863, making for the harbor of Nassau, in the British neutral island of New Providence, and about 150 miles east of that place. The port, which lay not very far from a part of the southern coast of the United States, it was matter of common knowledge had been largely used as one for call and transshipment of cargoes intended for the ports of the insurrectionary States of the Union, then under blockade by the Federal government.* The vessel when captured made no resistance; and all her papers were given up without attempt at concealment or spoliation. Being brought into the port of New York, and libelled there as prize, February 12, 1863, a claim was put in or the 9th of March following, by Captain May for his father and others as owners of the vessel. On the 24th of the same month a claim for the whole cargo was put in for Isaac, Campbell & Co., and also for Begbie, through one Kursheet, their "agent and attorney;" Kursheet stating in his affidavit in behalf of these owners, that "it is impossible to communicate with them in time to allow them to make the claim and test affidavit herein." His affidavit stated farther, That, as he is informed and believes, it was not intended that the barque should attempt to enter any port of the United States, or that her cargo should be delivered at any such port, but that the only destination of such cargo was Nassau aforesaid, where the said cargo was to be actually disposed of, and proceeds remitted to said claimants. "That, as he is informed and believes, the cargo was not shipped in pursuance of any understanding, either directly or indirectly, with any of the enemies of the United States, or with any person or persons in behalf of or connected with the so-called Con. * See the Termuda, 3 Wallace, 514. Statement of the case. federate States of America, but was shipped with the full, fair, and honest intent to sell and dispose of the same absolutely in the market of Nassau aforesaid. "That his information is derived from letters and communications very lately received by this deponent from the aforesaid claimants, and from documents in deponent's possession, placed there by said claimants, and that such communications authorize this deponent to intervene and act as agent as well as proctor and advocate for the said claimants as to the above cargo." The master, mate, and steward, were examined as witnesses in preparatorio: The master stated, that the goods were to be delivered at Nassau for account and risk of Begbie & Co., London, the charterers; that he did not know that the laders or consignees had any interest in the goods; that he knew nothing of the qualities, quantities, or particulars of the goods or to whom they would belong if restored and delivered at the destined port; that he was not aware that there were goods contraband of war on board; that, as he believed, invoices and duplicate bills of lading were sent to Nassau by mail steamer; that there were no false bills of lading, nor any passports or sea-briefs other than the usual register and ship's papers, which were entirely true and fair; that he did not know on what pretence she was captured; that there were no persons on board owing allegiance to the United States; that on the vessel's previous voyage, she went from London to Jamaica, carrying general merchandise, and returned direct, carrying principally logwood. The mate, who to a greater or less extent confirmed these statements, swore that the cargo was a general cargo; casks, bales, boxes, and bags; that he had no knowledge, information, or belief as to what was contained in them, and had never heard. He knew of no goods contraband of war; no arms or munitions of war that he knew of. "The seizure," he stated, "was made on the supposition that the cargo was contraband of war." The boatswain testified to the same purpose of the voyage; that the vessel had no colors but English aboard; that the Statement of the case. cargo was general, in bales, cases, and bags, that he did not know their contents and never had heard them stated; and that he "understood the seizure was made because the bills of lading did not show what was in some of the cases on board." The steward, that he "understood the vessel was captured because we had goods contraband of war aboard; had heard no other reason given." Upon the hearing in the District Court, the counsel for the captors invoked into the case the proofs taken in two other cases, on the docket of that court for trial at the same time with the present one, the cases, namely, of United States v. The Steamer Gertrude, and United States v. The Schooner Stephen Hart. The Hart was captured on the 29th of January, 1862, between the southern coast of Florida and the Island of Cuba. The claimants of her whole cargo were the firm of Isaac, Campbell & Co., the same persons who claimed, jointly with Begbie, the cargo of the Springbok. It also appeared in the case of the Hart, that the brokers who had charge of the lading of her cargo were Speyer & Haywood, the same parties who appeared as brokers of the cargo in the present case, and as shippers of a part of it, and as agents for Begbie and for I., C. & Co. It appeared, in the case of the Hart, that I., C. & Co. were dealers in military goods, and that the entire cargo of that vessel, consisting of arms, mu nitions of war, and military equipments, was laden on board of her in England, under the direction of I., C. & Co., in co-operation with the agents, at London, of the "Confederate States," with the design that the cargo should run the blockade into a port of the enemy, either in the Hart, or in a vessel into which the cargo should be transshipped at some place in Cuba, and that I., C. & Co. intrusted to the agent of the "Confederate States" in Cuba, the determination of the question as to the mode in which the cargo should be transported into the enemy's port. The cargo of the Hart had been condemned by the Supreme Court, as lawful prize, ut the last term.* * 3 Wallace, 559. Statement of the case. The Gertrude was captured on the 16th of April, 1863, in the Atlantic Ocean, off one of the Bahama Islands, while on a voyage ostensibly from Nassau to St. John's, N. B. The libel was filed against her on the 23d of April, 1863, and she was condemned, with her cargo, as lawful prize, on the 21st of July, 1863. No claim was put in to either the Gertrude or her cargo. The testimony showed that she belonged to Begbie; that her cargo consisted, among other things, of hops, dry goods, drugs, leather, cotton cards, paper, 3960 pairs of gray army blankets, 335 pairs of white blankets, linen, woollen shirts, flannel, 750 pairs of army brogans, Congress gaiters, and 24,900 pounds of powder; that she was captured after a chase of three hours, and when making for the harbor of Charleston, her master knowing of its blockade, and having on board a Charleston pilot under an assumed name. The marshal's report of the contents of the packages on board of the Springbok, and of the prize commissioners' report of the contents of the packages of the Gertrude, disclose the following facts: The report in the case of the Springbok specified "18 bales of army blankets, butternut color," each marked A, in a diamond, and numbered 544 to 548, 550, 552, and 555 to 565. The report in the case of the Gertrude showed a large number of bales of "army blankets," each marked A, in a diamond, and numbered with numbers, scattered from 243 to 534, and then commencing to renumber again at 600. In the cargo of the Springbok was found a bale marked A, in a diamond, and numbered 779; while in the cargo of the Gertrude were found bales each marked A, in a diamond, and numbered 780, 782, 784, 786, 788, 789 to 799. In the Springbok were found 9 cases, each marked A, in a diamond, and numbered 976 to 984, and 4 bales, each marked A, in a diamond, and numbered 985 to 987 and 989, by the same marks; the 4 bales being stated to be "men's colored travelling shirts." In the Gertrude were found 5 bales, each marked A, in a diamond, and numbered 998, 990, to 992 and 998, and described as "men's colored travelling |