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Springbok, The U.S. 1 (1867)

handle is hein.slavery/ussccases0403 and id is 1 raw text is: DECISIONS IN TH SUPREME COURT OF TIlE UNITED STATES, DECEMBER TERM, 1866. THE SPRINGBOK. 1. Though invocation, in prize cases, is not regularly made on original hearing, but only after a cause has been fully heard on the ship's docu- ments and the preparatory proofs, and where suspicious, circumstances appear from these; yet where the court below, in the exercise of iis dis- cretion, has allowed it on first hearing, the decree will not necessarily be reversed; decrees of condemnation having passed in both the cases invoked, one pro confesso and the other by a: decree of the highest appel- late court. 2. Where the papers of a ship sailing under a charter-party are all genuine and regular, and show a voyage between ports neutral within the mean- ing of international law; where there has been no concealment nor spoliation of them; where the stipulations of the charter-party in favor of the owners are apparently in good faith; where the owners are neu- trals, have no interest in the cargo, and have not previously in any way violated neutral obligations, and there is no sufficient proof that they have any knowledge of the unlawful destination of the cargo,-in such a case, its aspect being otherwise fair, the vessel will not be condemned because the. neutral port to which it is sailing has been constantly and notoriously used as a port of call and transshipment by persons engaged in systematic violation of blockade and in the conveyance of contraband 6f war, and was meant by the owners of the cargo carried on this ship to be so used in regard to it. 3. The facts that the master declared himself ignorant as to what a part of his cargo, of which invoices were not on board (having been sent by mail to the port of destination), consisted,-such part having been contra- band; and also declared himself ignorant of the cause of capture, when his mate, boatswain and steward all testified that they understood it to be the vessel's having contraband on board,-held not sufficient, of VOL. V. 1 ( 1 )

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