Melville Fuller

“ The question of effectiveness must necessarily depend on the circumstances. We agree that the fact of a single capture is not decisive of the effectiveness of a blockade; but the case made on this record does not rest on that ground.
We are of opinion that, if a single modern cruiser blockading a port renders it in fact dangerous for other craft to enter the port, that is sufficient, since thereby the blockade is made practically effective. ”

“ As we hold that an effective blockade is a blockade so effective as to make it dangerous in fact for vessels to attempt to enter the blockaded port, it follows that the question of effectiveness is not controlled by the number of the blockading force. In other words, the position cannot be maintained that one modern cruiser, though sufficient in fact, is not sufficient as matter of law. ”

“ Justice Story said: 'No principle is better settled in the law of prize than the rule that probable cause will not merely excuse, but even, in some cases, justify a capture. If there be probable cause, the captors are entitled, as of right, to an exemption from damages ”

“ Paul severely injured the Terror, and drove the attacking force back into San Juan, and in his letter of June 27th he wrote: 'It is advisable to constantly keep the Terror in mind as a possible active force; but, leaving her out of consideration, the services to be performed by the Yosemite, of blockading a well-fortified port containing a force of enemy's vessels whose aggregate force is greater than her own, is an especially difficult one. ”

“ The range of Morro guns was 6 1/2 miles, and the range of the shore batteries, 3 miles east of Morro, also 6 1/2 miles. According to this plat, the Olinde Rodrigues was slightly within the range of the Morro guns, but not within the range of the shore batteries. The New Orleans when she fired was close to the range of the shore batteries, and something over a mile outside of the extreme range of the Morro guns.
And it is urged that the conclusion is inevitable that the French ship intended to run into the port, and to draw the pursuing cruiser within the range of the Spanish guns. ”

“ But, when a squadron is driven off by a superior force, a new course of events arises, which may tend to a very different disposition of the blockading force, and which introduces therefore a very different train of presumptions in favor of the ordinary freedom of commercial speculations. ”

“ But as, where the guilty intent is established, the lack of motive cannot in itself overthrow it, so the presence of motive is not in itself sufficient to supply the lack of evidence of intent. Now, in this case the captain not only testified that he answered the cable to the effect that he should not stop as San Juan, but the purser explicitly stated that the agent at Cape Haytien sent the telegram for the captain, specifically notifying the agent at San Juan that the ship would not stop there, the blockade having been notified. ”

“ After the captors had put in their proofs, the claimant, without introducing anything further, moved for the discharge and restitution of the steamship, on the ground of the ineffective character of the blockade, and because the evidence did not justify a decree of condemnation, but undertook to reserve the right to adduce further proof, in the event that its motion should be denied. ”

“ He lay outside until the next morning,-the morning of July 5th,-when he intercepted the steamship as she was coming out, and sent an officer aboard, who made this entry in her log: 'Warned off San Juan, July 5, 1898, by U.S. S. Yosemite. Commander Emory. John Burns, Ensign, U.S. Navy.' The master of the Olinde Rodrigues, whose testimony was taken in preparatorio, testified that when he entered San Juan July 4th he had no knowledge that the port was blockaded, and that the first heard of it from the Yosemite on July 5th, when he was leaving San Juan. ”

“ But it is perfectly obvious that no force could bar the entrance to absolute certainty; that vessels may get in and get out during the night, or fogs, or violent winds, or occasional absence; that it is most difficult to judge from numbers alone.' 'It is impossible,' says Mr. ”

“ July 15th from Puerto Plata,-all naming Havre as the destination; and three by consuls of Denmark, July 13th from Port au Prince, July 14th from Cape Haytien, and July 15th from Puerto Plata; all naming St. Thomas as the destination. When the captain testified August 2d, in answer to the standing interrogatories, he said nothing about any Spanish bills of health. The deposition was re-read to the captain August 3d, and on the next day, August 4th, he wrote to the prize commissi ners desiring to correct it, saying : 'I fear I have badly interpreted several questions. ”