2. Vessel and part of cargo condemned, as enemy property, because belonging to resident citizens of the enemy's country. The Crenshaw, 2.
3. Vessel condemned as enemy property. The Winifred, 2.
4. A part of her cargo condemned as enemy property, although under hypothecation to a neutral merchant for advances on the invoice and bill of lading. Id.
5. Cargo condemned as enemy property, un- less further proof be furnished within ten days as to ownership of cargo. The Hannah M. Johnson, 2.
6. Vessel condemned as enemy property. The General Green, 2.
7. Vessel condemned as enemy property, and for an attempt to violate the blockade. The Hallie Jackson, 2.
8. Cargo condemned as enemy property. It was also shipped for an enemy port, with intent to violate the blockade. The Hallie Jackson, 2.
9. Vessel condemned as enemy property. The North Carolina, 2.
10. A part of the vessel condemned as enemy property; the rest of the vessel restored. The Forest King, 2.
11. Vessel and cargo condemned as enemy property. The Lynchburg, 3.
12. Vessel and cargo condemned as enemy property, and also under the acts of July 13, 1861, and August 6, 1861. (12 U. S. Statutes at Large, 257, sec. 5, and 319, secs. 1 to 3.) The Falcon, 52.
13. Vessel condemned as enemy property. The Velasco, 54.
14. Vessel and cargo condemned as enemy property. The Sarah Starr, 69.
15. Vessel and cargo condemned as enemy property. The Aigburth, 69. 16. Vessel and cargo condemned as enemy property. The Prince Leopold, 89. 17. Part of vessel condemned, under the 6th section of the act of July 13, 1861, (12 U. S. Statutes at Large, 257.) as belonging to a citizen of a State in insurrection. The Mary McRae, 91.
18. Cargo condemned as enemy property, and also for an attempt to violate the block- ade. The Solidad Cos, 94.
19. Vessel and cargo condemned as enemy property, and for a violation of the blockade. The Albion, 95.
20. Cargo condemned as enemy property, em- ployed in aiding the insurrection on foot at the place of its capture and as shipped with intent to run the blockade. The Henry C. Brooks, 99.
21. Vessel and cargo condemned for an attempt to violate the blockade. The Louisa Agnes, 107.
22. Part of vessel condemned, under the sixth section of the act of July 13, 1861, (12 U. S. Statutes at Large, 257,) as belong- ing to a citizen of a State in insurrection. The Ned, 119.
23. Vessel and cargo condemned as enemy property, and for a violation of the blockade. The Henry Middleton, 121. 24. Cargo condemned as enemy property, and for a violation of the blockade. There was also a spoliation of papers, and the cargo was sent to sea in an enemy ves- sel. The Edward Barnard, 122.
25. Vessel and cargo condemned. The Gip- sey, 126.
26. The vessel was pursued while attempting to violate the blockade. All on board of her escaped before she was taken. The court allowed other testimony to be given. Letters on board afforded a strong presumption that vessel and cargo were enemy property. No claimant inter- vened. It not being probable that the papers of the vessel, or any of her crew, or any further proof could be produced, the court decreed condemnation of ves- sel and cargo, the vessel having been ap- praised and taken for the use of the gov ernment in the Gulf of Mexico, where she was captured, and not having been brought within this district. Id. 27. Vessel and cargo condemned as enemy property, and for an attempt to violate the blockade. The Captain Spedden, 127. 28. The vessel and cargo were taken for the use of the government, on appraisal, at the place of capture, in the Gulf of Mex- ico, and the vessel was afterwards lost at sea. Id.
29. The vessel and cargo were confiscable un- der the act of July 13, 1861. (12 U. S. Statutes at Large, 225.) Id.
30. Vessel condemned as enemy property, and for a violation of the blockade. The Ex- press, 128.
31. Vessel and cargo condemned as enemy property, and for an attempt to violate the blockade. The Vinus, 129.
32. Vessel and cargo condemned as enemy property, and for an attempt to violate the blockade. The Henry Lewis, 131. 33. Vessel and cargo condemned as enemy property, and for a violation of the blockade. The Garonne, 132. 34. Vessel and cargo condemned. The Delta,
35. Vessel condemned as enemy property, and for a violation of the blockade. The Ad- rocate, 142.
36. Cargo and appraised valuation of vessei condemned as enemy property, and for a violation of the blockade. The A. J. View, 143. 37. Vessel and cargo condemned as enemy property, and for a violation of the blockade. The Lizzie Weston, 144. 38. Vessel and cargo condemned as enemy property, and for a violation of the blockade. The Delight, 145.
39. Vessel and cargo condemned as enemy property, and for a violation of the blockade. The Wave, 148.
40. Vessel condemned as enemy property. having been appraised by a naval sur- vey, and appropriated, at that valuation, to the use of the United States, at the place of capture. Appraised value or dered to be distributed. The Osceola, 150. 41. Vessel and cargo condemned for an attempt to violate the blockade. The Mars, 150. 42. Vessel and cargo condemned. The Che- shire, 151.
43. Vessel and cargo condemned as enemy property. The J. G. McNeil, 162.
44. Vessel and cargo condemned as enemy property, and for an attempt to violate the blockade. The Pioneer, 163. 45. Vessel and cargo condemned as enemy property, and for a violation of the blockade. The Joanna Ward, 164. 46. Vessel and cargo condemned as enemy property, and for an attempt to violate the blockade. The Major Barbour, 167.
47. Vessel and cargo condemned as enemy property, and for a violation of the blockade. The Zaralla, 173.
48. Vessel and cargo condemned. The Em- press, 175.
49. Vessel and cargo condemned for an attempt to violate the blockade. The J. W. Wil- der, 181.
50. Vessel and cargo condemned for an attempt to violate the blockade. The Flash, 183. 51. Vessel and cargo condemned as enemy property. The Olive, 185.
52. Vessel and cargo condemned on the fol- lowing grounds:
1. The vessel left the enemy's country as enemy property, and no attempted change of it to neutral property was made until her arrival in a neutral port. There is no evidence of a bona fide consideration paid for her purchase, or of a bill of sale executed, or of actual possession deliv- ered to the alleged purchaser, or that he ever exercised acts of ownership over the vessel, or claimed to be her owner. 2. She had previously come out of an ene- my port by evading the blockade, and was seized on her first voyage subse quent thereto.
3. Her ostensible voyage from a neutral port to a loyal port was simulated, and she was really bound to a blockaded port. The Mersey, 187.
53. Vessel and cargo condemned as enemy property. The Sarah, 195.
54. Vessel and cargo condemned as enemy property. The Lucy C. Holmes, 196, 55. Vessel and cargo condemned as enemy property. The New Eagle, 196, 56. Vessel and cargo condemned as enemy property, and for a violation of the blockade. The Jessie J. Coz, 196. 57. Vessel and cargo condemned as enemy property, and for a violation of the blockade. The Agnes H. Ward, 197. 58. Vessel and cargo condemned for an attempt to violate the blockade. The Mary Stew- art, 210.
59. Cargo condemned, on further proof, for a violation of the blockade by the vessel. The Sarah and Caroline, 214.
60. On further proof, vessel and cargo con- demned as enemy property. The Actor, 215.
61. Vessel and cargo condemned for a violation of the blockade, and as enemy property. The Shark, 215.
62. Vessel and cargo condemned for an attempt to violate the blockade. The Annie So- phia, 219.
63. On further proof, vessel and cargo con- demned for a violation of the blockade. The Annie, 222.
64. Cargo condemned for an attempt by the vessel to violate the blockade, the vessel not being taken on process in the suit. The Joseph H. Toone, 223.
65. Vessel and cargo condemned for the fol- lowing causes:
1. The vessel was enemy property. 2. There was an attempt to violate the blockade.
3. A large part of the cargo was contra- band of war, and was laden on the ves- sel with knowledge, on the part of her owner and of the other freighters of the cargo, that the voyage was an illicit one, and was destined to a port of the enemy. The Ezilda, 232.
66. Vessel condemned as enemy property. The William H. Northrop, 235.
67. Vessel and cargo condemned for an attempt to violate the blockade. Id.
68. Vessel and cargo condemned for an attempt to violate the blockade. The Tubal Cain, 240.
69. Vessel and cargo condemned as enemy property. The Reindeer, 241.
70. Vessel and cargo condemned for a violation of the blockade. The Ann, 242.
71. Vessel and cargo condemned for an attempt to violate the blockade. The Lizzie, 243. 72. Vessel and cargo condemned for an attempt to violate the blockade. The British Empire, 245.
73. Vessel and cargo condemned as enemy property, attempted to be used in trade by their owner for the benefit of the ene- my, and arrested in the act of violating the blockade. The Troy, 246.
74. An enemy vessel in the naval service of the enemy as a gunboat, condemned. The Ellis, 248.
75. Other vessels condemned as enemy prop- erty. Id.
76. Vessel and cargo condemned on these grounds:
1. The vessel was not bona fide a neutral
2. Her papers as to her destination were false.
3. She had on board articles contraband of i war, intended for an enemy port, and on transportation by her to such port at the time of her arrest.
4. She was seized while attempting to vio- late a known blockade. The Eliza- beth, 250.
77. Vessel and cargo condemned for an at- tempt to violate the blockade. The Memphis, 260.
78. Vessel and cargo seized in the harbor of Beaufort, N. C., on its capture, con- demned for these reasons:
1. For violating the blockade in entering Beaufort.
2. For taking on board there an enemy clearance and a cargo, with intent to evade the blockade in coming out, and attempting to come out.
3. For carrying into Beaufort a large sup- ply of military equipments. The Al- liance, 262.
79. Vessel and cargo condemned:
1. For having violated the blockade in entering Beaufort.
2. For shipping there a new cargo, with intent to violate the blockade in coming
3. For taking an export license and clear- ance from the enemy at Beaufort.
4. For a false representation on the vessel's papers as to who was master of the vessel. The Gondar, 266,
80. Vessel and cargo condemned for an at- tempt to violate the blockade. The Patras, 269.
81. Vessel and cargo condemned for an at- tempt to violate the blockade, and for being engaged in transporting to an enemy port articles contraband of war. The Nassau, 271.
82. Vessel and cargo condemned for an attempt to violate the blockade. The Stettin, 272. 83. Vessel and cargo condemned for an at- tempt to violate the blockade. The Robert Bruce, 285.
86. Vessel and cargo condemned for an at- tempt to violate the blockade. The Albert, 280.
87. Vessel and cargo condemned. The Ma- ria, 283.
88. Vessel and cargo condemned for an at- tempt to violate the blockade. The Mary Teresa, 286.
89. Vessel and cargo condemned. The Ella Warley, 288.
90. Cargo condemned. The John Gilpin, 291. 91. Vessel and cargo condemned. The Belle, 294. 92. Vessel condemned. The Napoleon, 296. 93. Vessel and cargo condemned for an at- tempt to violate the blockade, and be- cause the papers of the vessel were false as to her destination. The Scotia, 299. 94. Vessel and cargo condemned for an at- tempt to violate the blockade. The Anglia, 300.
95. Vessel and cargo condemned as enemy property, and for an attempt to violate the blockade. The Water Witch, 300. 96. Vessel and cargo condemned for a violation of the blockade. The Rambler, 302. 97. The property in this case, consisting of cotton, rosin, staves, and planks, having been captured by the naval forces of the United States during the war, in the attack on Newbern, N. C., and being enemy property, employed at the time by the enemy in aid of hostilities against the United States, by being used in building fortifications, was condemned as prize of war. 282 Bales of Cotton, 302. 98. Vessel and cargo condemned for a violation of the blockade. The Annie Deas, 305. 99. Vessel condemned for an attempt to violate the blockade and to introduce into the enemy's country a cargo of articles con- traband of war. The Ouachita, 306. 100. Cotton condemned, having been purchased by the claimant, a citizen of the United States and of a loyal State, in the ene- my's country, during the war, and hav- ing been arrested while waterborne and in the act of being exported from there in violation of the blockade. 52 Bales of Cotton, 309.
101. Vessel and cargo condemned for an attempt to violate the blockade and to supply to the enemy articles contraband of war. The Sunbeam, 316.
102. Vessel and cargo condemned as enemy property, and for an attempt to violate the blockade. The Florida, 327.
103. Vessel and cargo condemned for a violation of the blockade, and as enemy property. The Mercury, 328.
104. Cargo condemned for a violation of the blockade. The Wave, 329.
105. Vessel and cargo condemned as enemy property, and for a violation of the blockade. The Reindeer, 3:30.
106. Vessel and cargo condemned as enemy property, and for a violation of the blockade. The Hetwan, 331.
107. Vessel and cargo condemned as enemy property, sailing under the enemy's flag, and under passes from the enemy. The Anna, 332.
108. Vessel and cargo condemned for an attempt to violate the blockade. The Minna, 333, 109. Vessel and cargo condemned for an attempt to violate the blockade. The Annie, 335. 110. Vessel and cargo condemned for an attempt to violate the blockade. The Belle, 353. 111. Vessel and cargo condemned for an attempt to violate the blockade, the cargo being also mostly contraband of war, and on transportation to a port of the enemy. The Nicolai First, 354.
112. Vessel and cargo condemned for an at- tempt to violate the blockade. The Gra- nite City, 355.
113. The former decision in this case confirmed, for these reasons:
1. The vessel entered the port where she was captured, by violating the block- ade.
2. One-eighth of the vessel was enemy property, lawfully seized in the ene- my's country, in actual battle, by the United States military forces.
3. The remaining seven-eighths of the ves sel, if legally the property of the claimant, is subject to forfeiture for holding commercial intercourse with a rebel State. The Napoleon, 357. 114. Vessel and cargo condemned for an at- tempt to violate the blockade. The Sue, 361.
115. Vessel and cargo condemned for a violation of the blockade. The Douro, 362.
116. Vessel and cargo condemued for an at- tempt to violate the blockade. The Mary Jane, 363.
117. Vessel and cargo condemned as enemy property, and for a violation of the block- ade. The Neptune, 367.
118. Vessel and cargo condemned for an at- tempt to violate the blockade. The Ris-
119. Vessel and cargo condemned for a violation of the blockade. The Emeline, 370. 120. Vessel and cargo condemned for having false papers as to their destination, and for an attempt to violate the blockade. The Antelope, 370.
121. Vessel and cargo condemned as enemy property, and for a violation of the block- ade. The Angelina, 371.
122. Vessel and cargo condemned as enemy property, and for a violation of the block- ade. The Odd Fellow, 372. 123. On further proofs vessel and cargo con- demned for an attempt to violate the blockade. The Levi Rowe, 373.
124. Vessel and cargo condemned for an at-
tempt to violate the blockade, and be- cause of false papers as to their destina- tion, and because the cargo was partly contraband of war, on transportation to a port of the enemy. The Gertrude, 374. 125. Vessel and cargo condemned as enemy property, the claimants being, at the time of the capture, citizens and resi- dents of one of the seceded States of the Union. The Sally Magee, 379. 126. Vessel and cargo condemned for the fol- lowing reasons:
1. At the time of her seizure the vessel was laden with and transporting articles contraband of war, with intent to fur- nish and supply them to the use and aid of the enemy.
2. She was, when seized, navigated with the attempt and design to violate the blockade of ports of the enemy held in
lawful blockade by the naval forces of the United States. The Stephen Hart, 379.
127. Vessel and cargo condemned on the fol- lowing grounds:
1. The vessel was, at the time of her cap- ture at sea, knowingly laden, in whole or in part, with articles contraband of war, with intent to deliver such articles to the aid and use of the enemy.
2. The true destination of the vessel and cargo was not to a neutral port, and for trade and commerce, but to some port lawfully blockaded by the forces of the United States, and with intent to violate such blockade.
3. The papers of the vessel were simulated and false. The Springbok, 380. 128. Vessel and cargo condemned on the fol- lowing grounds:
1. The vessel, knowingly laden, in whole or in part, with articles contraband of war, was transporting them at sea, not to a neutral port, for purposes of trade and commerce, within the authority and intendment of public law, but to some other port or place, and in aid and for the use of the enemy, and in violation of the law of nations.
2. The vessel's papers were simulated and false as to her real destination. The Peterhoff, 381.
129. Vessel and cargo condemned for an at- tempt to introduce contraband goods into the enemy's country by a breach of blockade. The Stephen Hart, 387. 130. Vessel and cargo condemned. The Spring- bok, 434.
131. Vessel condemned for an attempt to violate the blockade. The Kate, 550,
132. Vessel and cargo condemned for an at- tempt to violate the blockade. The St. George, 551.
133. Vessel and cargo condemned as enemy property. The Maria Bishop, 552. 134. Vessel and cargo condemned for a violation of the blockade. The Tampico, 554. 135. Vessel and cargo condemned for an at- tempt to violate the blockade, and as enemy property. The Mary Clinton, 556. 136. Vessel and cargo condemned for a violation of the blockade. The Emma, 561. 137. Vessel and cargo condemned as enemy property, and for a violation of the block- ade. The Merrimac, 563.
138. Vessel and cargo condemned for an at- tempt to violate the blockade. The An- tona, 572.
139. Vessel and cargo condemned for a viola- tion of the blockade. The D. Sargeant, 576.
140. The vessel having been captured within five miles of the enemy's coast, and about 150 miles off her true course, as designated on her papers, and no excuse being given for the deviation, and ber cargo consisting partly of articles con- traband of war, and wholly of supplies of urgent importauce to the enemy, and no claim being interposed to the vessel and cargo, although the master was brought in and examined as a witness, the court ordered condemnation of ves sel and cargo, unless their owner should, on application, obtain leave, prior to the third regular term after such order, to interpose a claim to the merits of the libel. The Nymph, 564.
141. The libellants were allowed meantime to take an order for the sale of the prize property. Id.
142. Vessel and cargo condemned for an at- tempt to violate the blockade. The Banshee, 580.
143. Vessel and cargo condemned for an at- tempt to violate the blockade. The Margaret and Jessie, 581.
144. Vessel and cargo condemned for a viola- tion of the blockade. The A. D. Vance, 608. 145. Vessel and cargo condemned for a viola- tion of the blockade. The Annie, 612. 146. Vessel and cargo condemned for an at- tempt to violate the blockade. The Lady Stirling, 614.
147. Vessel and cargo condemned for an at- tempt to violate the blockade. The Mary, 618.
148. Vessel and cargo condemned for a viola- tion of the blockade. The Charlotte, 623. 149. Vessel and cargo condemned for a viola- tion of the blockade. The Stag, 625. 150. Vessel and cargo condemned for a viola- tion of the blockade. The Blenheim, 626.
151. The vessel having been chased at sea while attempting to break the blockade and driven on shore in the enemy's territory and captured, with her cargo, and wrecked after capture, a part of her cargo having been brought into this dis- triet, was condemned as prize of war. The Pevensey, 628.
152. Decree of the district court condemning vessel and cargo for an attempt to vio- late the blockade affirmed. The Joseph H. Toone, 641.
153. Decree of the district court condemning vessel and cargo for an attempt to vio- late the blockade affirmed. The Eliza- beth, 642.
154. Decree of the district court condemning vessel and cargo for an attempt to vio late the blockade affirmed. The Chesh- ire, 643.
155. Decree of the district court condemning the vessel and cargo as enemy property affirmed. The North Carolina, 645. 156. Decree of the district court condemning vessel and cargo as enemy property, and acquitting the vessel on the charge of breaking the blockade, affirmed. Aigburth, 645.
157. Decree of the district court condemning vessel and cargo as enemy property, and acquitting them on the charge of violating the blockade, affirmed. Prince Leopold, 647.
158. Decree of the district court condemning vessel and cargo for an attempt to vio- late the blockade affirmed. The Ella Warley, 648.
159. Decree of the district court condemning vessel and cargo as enemy property affirmed. The Pioneer, 649.
160. Decree of the district court, acquitting the vessel and cargo on the charge of vio- lating the blockade, and condemning the vessel and cargo as enemy property, affirmed as to the non-violation of the blockade, and as to the vessel and a part of the cargo, they being enemy property, and reversed as to the residue of the cargo, it not being enemy property. The Sarah Starr, 650.
161. Decree of the district court condemning vessel and cargo for an attempt to vio- late the blockade affirmed. The Oua chita, 652.
162. Decree of the district court condemning the vessel as enemy property and re- storing the cargo as belonging to neutral owners affirmed. The General Greene, 654.
163. Decree of the district court condemning vessel and cargo for an attempt to vio- late the blockade affirmed. The Delta, 654. 164. Decree of the district court condemning vessel and cargo for a violation of the blockade affirmed. The Memphis, 656. 165. Decree of the district court condemning vessel and cargo for an attempt to vio- late the blockade affirmed. The Sun- beam, 656.
166. Decree of the district court, so far as it condemned the vessel and all of the cargo except 504 bags of coffee, affirmed. As to the 504 bags of coffee, further ar- gument ordered as to the proprietary interest therein, and either party al- lowed to produce further proof upon it. The Lynchburg, 659.
167. Decree of the district court condemning vessel and cargo for an attempt to vio- late the blockade affirmed. The Albert, 663. 168. Decree of the district court condemning vessel and cargo for an attempt to vio- late the blockade affirmed. The Ezilda, 664. 169. Decree of the district court condemning vessel and cargo for an attempt to vio- late the blockade affirmed. The Patras, 664. 170. Decree of the district court condemning vessel and cargo for an attempt to vio- late the blockade affirmed. The Stettin, 665.
171. Decree of the district court condemning the property as enemy property af- firmed. The Pioneer, 666.
See BLOCKADE, 9, 10. 21, 66.
CAPTURE, 4, 5, 11.
CONTRABAND OF WAR, 3, 4, 7 to 14. COSTS, 14, 15.
ENEMY, 10, 15, 22, 36.
EVIDENCE, 35.
FREIGHT, 1.
FURTHER PROOF, 4.
PRACTICE, 1 to 3, 17, 19, 47, 51, 53.
RESTORATION, 18, 23, 28 to 31, 35.
SALE, 1, 2, 6 to 9.
SPOLIATION, 2, 4, 6, 13, 19, 23. VESSEL, 2.
1. The act of August 6, 1861, (12 U. S. Stat- utes at Large, 319.) "to confiscate prop erty used for insurrectionary purposes,' is not to be regarded as a legislative de- termination that a vessel belonging to a citizen of a State in insurrection was not, before the passage of that act, confisca ble merely as the property of an insur- rectionist or rebel, without an enactment of Congress to that end. The Hiawa- tha, 1.
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