Melville Fuller

“ The consul testified that claimant, in conversation, while insisting that the transfer was absolute, admitted that it was effected for the purpose of protecting the vessel.
In short, the statements as to price were conflicting; the reason assigned for the sale was to get money to live on, and yet apparently no money passed, and Messa said that he received credit for a large part of the consideration on indebtedness to claimant's firm; claimant himself refused to describe the payment or payments; the Spanish master and crew remained in charge; Messa went on the voyage as supercargo ”

“ It is enough that in dealing with a vessel adjudicated to have been an enemy vessel, the fact of trade with the enemy, especially in supplies necessary for the enemy's forces, is of well nigh decisive importance. ”

“ Beattie 'informed him that he could remain as master, but it would be necessary for him to put an English subject on board as first officer or second captain, in conformity with the British law.' Cole, a British subject, asserted that he was master, and Beattie stated that he appointed him such with Perez as mate and pilot, while Messa said that Perez was master and that he, Messa, was supercargo. ”

“ Nevertheless, the consul agreed to write the admiral, and did write him June 23, that Messa offered to give certain information that might be valuable, and that he proposed to be off Cape Cruz on June 30, when he could be picked up there and taken to the admiral if desired; but the consul said: 'You quite understand that in dealing with those people one is always more or less liable to imposition. ”

“ His vessel had a Spanish crew and Spanish officers, and he testified that he was on board of her as supercargo. She had the Spanish flag in her lockers, though she was flying the British flag at the moment, under a transfer, which, as presently to be seen, was colorable and invalid. There was evidence tending to show that Messa sympathized with the Cuban insurgents, but no proof that he was himself a Cuban rebel or that he had renounced his allegiance to Spain. The vessel carried to Manzanillo on this voyage a cargo of provisions, consisting principally of 1,100 barrels of flour. ”

“ Adm. 226, 229: 'To exempt the property of enemies from the effect of hostilities is a very high act of sovereign authority; if at any time delegated to persons in a subordinate situation, it must be exercised either by those who have a special commission granted to them for the particular business, and who, in legal language, are termed 'mandatories,' or by persons in whom such a power is vested in virtue of any official situation to which it may be considered incidental. ”

“ And it appeared that Admiral Sampson had been for some weeks endeavoring to stop blockade running on the south coast of Cuba, and that a large vessel with a heavy battery was stationed at Cape Cruz. Manzanillo was not declared blockaded, however, until the proclamation of June 27, 1898; but the consul of the United States at Kingston had warned Messa and Beattie that a blockade in fact existed. The claimant testified that the vessel was chartered by Flouriache, a Cuban merchant, and that the cargo was consigned to Bauriedel & Company, at Manzanillo. ”

“ Prize Cases, 2 Black, 635, 674, sub nom. Preciat v. United States, 17 L. ed. 459, 478; The Sally, 8 Cranch, 382, 384, 3 L. ed. 597, 598; Jecker v. Montgomery, 18 How. 110, 15 L. ed. 311; The Peterhoff, 5 Wall. 28, sub nom. The Peterhoff v. United States, 18 L. ed. 564; The Flying Scud, 6 Wall. 263, sub nom. The Flying Scud v. United States, 18 L. ed. 755.
Messa was a Spanish subject, residing at Santiago, and for years engaged in business there. ”