Salmon P. Chase

“ The only question which requires much consideration relates to the rightfulness of capture. And this question resolves itself into two:
1. Was there anything in the position of the Dashing Wave, at the time of capture, which warranted the opinion of the captors that she was engaged in breaking the blockade? and—
2. Was there anything in the papers on board the brig, relating to the cargo, which justified the seizure? ”

“ We do not say that neglect of duty, in this respect, on the part of the brig, especially in the absence of positive evidence that the neglect was wilful, calls for condemnation; but we cannot doubt that under the circumstances described, capturing and sending in for adjudication was fully warranted.
The other question relates wholly to the papers concerning the shipment of coin. There is no evidence which affects with culpability any other part of the cargo. ”

“ We shall therefore affirm the decree of the District Court, restoring the vessel and cargo, but direct that costs and expenses consequent upon the capture, be ratably apportioned between the brig and the shipment of coin, and that the residue of the cargo be exempted from contribution. ”