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United States v. Weed et al. U.S. 62 (1867)

handle is hein.slavery/ussccases0404 and id is 1 raw text is: UNITED STATES V. WEED. Statement of the chtse nothing likely, in his opinion, to prejudice the case of the ship and cargo. We must say that his conduct was inconsistent with the frankness and good faith to which neutrals, engaged in a commerce open to great suspicion, are most strongly bound. Considering the other facts in the case, however, and the almost certain destination of the ship to a neutral port, with a cargo, for the most part, neutral in character and destina- tion, we shall not extend the effect of this conduct of the captain .to condemnation, but we shall decree payment of costs and expenses by the ship as a condition of restitution. )EDRFEE ACCORDINGLY. UNITED STATES V. WEED ET AL. 1. When the record presents a case in this court which has been prosecuted exclusively as prize, the property cannot be here condemned as for a statutory forfeiture. 2. When the record presents a case prosecuted below on the instance side of the court, for forfeiture under a statute, it cannot here be condemned as prize. 8. In either of these cases, if the facts disclosed in the record justify it, the case will be remanded to the court below for a new libel, and proper proceeding according to the true nature of the case. 4. In the present case, which was prosecuted as prize of war exclusively, the facts did not prove a case of prize, nor did they show a probable case of violation of any statutes. A decree of the court below dismisk- ing the libel and restoring the property was therefore affirmed. b. Permitq granted during the late rebellion by the proper licensing agents to purchase goods in a certain locality, are primdfacie evidence that the locality is properlv within the trade regulations of that department. APPEAL from the District Court of the United States for the Eastern District of Louisiana; the case being thus: On the 15th of April, 1864, the steamer A. G. Brown was hoarded in the Atchafalaya River, while on her way tc Brashear City, by the United States gunboat Wyanza, Cap. [Sup. (J t,

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