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Georgia, The U.S. 32 (1869)

handle is hein.slavery/ussccases0384 and id is 1 raw text is: Statement of the case. THE GEORGIA. 1. A case in prize heard on furthe proofs, though the transcript disclosed no order for such proofs; it having been plain, from both parties having joined in taking them, that either there was such an order, or that the proofs were taken by consent. 2. A bond fide purchase for a commercial purpose by a neutral, in his own home port,, of a ship of war of a belligerent that had fled to. such port in order to escape frorm enemy vessels in pursuit, but which was bond fide dismantle4 prior to the sale and afterwards fitted up for the merchant service, does not pass a title above the right of capture by the other belligerent. APPEAL from the District Court for Massachusetts, con demning as prize the steamship Georgia, captured during the late rebellion. The case, as derived from the evidence of all kinds taken in the proceedings, was thus: The vessel had been built, as it appeared, in the years 1862-3, at Greenock, on the Clyde, as a war vessel, for the Confederate government, and called the Japan; or if nbt thus built, certainly passed into the hands of that g6vern- ment early in the'spring of 1863. On the 2d of April of that year, uflder the guise of a trial trip, she steamed to an obscure French port near Cherbourg, where she was joined by a, small steamer with armaments and a crew from Liver- pool. This armament and crew were immediately trans- ferred to the Japan, upon which the Confederate flag was hoisted, under the orders of Captain Maury, who had on board a full complement of officers. Her name was then changed to the Georgia, and she set out from port on a cruise against the commerce of the United States. After being thus employed for more than a year-having in the mean- time captured and burnt many vessels belonging to citizens of the United States-she returned and entered the port of Liverpool on the 2d of May, 1864, a Confederate vessel of war, with all her armament and complement of officers and crew on board. At the time she thus entered the port of Liverpool, the United States vessels of war, Kearsarge, Niagara, and Sacramento, were cruising off the British and THE GEORGIA. [Sup. Ot-

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