The Magnus, 1 C. Rob. 31 A ship laden with coffee and sugars was taken on a voyage from Havre to Genoa. The claimant of the cargo was a Swiss merchant. Held, that while interior countries are allowed to export and import through an enemy's ports, strict proof of property is required. The cargo was condemned. 135. UNNEUTRAL SERVICE The Kow-Shing Affair, Takahashi, 24-51 On July 25, 1894, a Japanese war-ship stopped the Kow-Shing, a British transport engaged in carrying Chinese troops. After fruitless parleying, the Kow-Shing refusing to surrender as her British captain was overawed by the Chinese he was carrying, the Kow-Shing was sunk by the Japanese war-ship. The affair produced great excitement in England, and there was a demand of satisfaction from Japan on the ground that war had not been declared between that country and China. The facts appearing that a declaration of war is not necessary, and that the British captain of the transport was under compulsion, the affair was referred to Mr. Choate, the American Ambassador to Great Britain, as referee. The Friendship, 6 C. Rob. 420, 429 This was the case of an American ship bound on a voyage from Baltimore to Bordeaux, with a light cargo and ninety French mariners as passengers, shipped by direction of the French minister in America. In condemning the ship and cargo in 1807, Sir William Scott said: "It is the case of a vessel letting herself out in a distinct manner, under a contract with the enemy's government, to convey a number of persons, described as being in the service of the enemy, with their military character traveling with them, and to restore them to their own country in that character." The Orozembo, 6 C. Rob. 430 An American vessel, having been ostensibly chartered by a merchant at Lisbon "to proceed in ballast to Macao, and there to take a cargo to America," was afterwards, by his directions, fitted up for three military officers and two persons in civil departments in the government of Batavia, who had come from Holland to take their passage to Batavia, under the appointment of the Government of Holland. The vessel was condemned in 1807 as a transport, let out in the service of the government of Holland. The Atalanta, 6 C. Rob. 440 A Bremen ship and cargo were captured on a voyage from Batavia to Bremen, in July, 1807 having come last from the Isle of France, where a packet, containing dispatches from the government of the Isle of France to the Minister of Marine at Paris, was taken on board by the master and one of the supercargoes, and was afterwards found concealed in the possession of the second supercargo. Both ship and cargo were condemned. 139. VIOLATION OF BLOCKADE The Juffrow Maria Schroeder, 3 C. Rob. 147 "Where a ship has contracted the guilt by sailing with an intention of entering a blockaded port, or by sailing out, the offense is not purged away till the end of the voyage; till that period is completed, it is competent to any cruisers to seize and proceed against her for that offense." In this case the plea of remissness in the blockading force in permitting vessels to go in or out, was held to avail, and the ship, which was a Prussian one taken on a voyage from Rouen to Altona and proceeded against for a breach of the blockade of Havre, was restored. 140. CONTINUOUS VOYAGES The Hart, 3 Wall. 559, 560 "Neutrals who place their vessels under belligerent control and engage them in belligerent trade; or permit them to be sent with contraband cargoes under cover of false destination to neutral ports, while the real destination is to belligerent ports, impress upon them the character of the belligerent in whose service they are employed, and cannot complain if they are seized and condemned as enemy property." See the preceding case, The Bermuda, 3 Wall. 514. The Maria, 5 C. Rob. 365 This was a case of a continuous voyage in the colonial trade of the enemy. The Court reviewed former cases and asked for further proof on the facts. On such further proof the court decreed restitution. See The William, 5 C. Rob. 385. 141. PRIZE AND PRIZE COURTS The Ship La Manche, 2 Sprague, 207 This case held that captors are not liable for damages where the vessel captured presents probable cause for the capture, even though she was led into the predicament involuntarily, and by the mistakes of the revenue officers of the captor's own government. |