Salmon P. Chase

“ The cargo was of a character and extent, wholly unadapted to the insignificant port of Matamoras and the Mexican market which centres there, but perfectly adapted in all respects to the enemy market, everywhere, and by that market urgently demanded. ”

“ The refusal of Captain Jarman, if he did refuse, to go on board the Vanderbilt, giving as a reason that he was 'in charge of her Majesty's mails,' and offering also the papers and ship for search, was no resistance of the 'right of search' to subject the ship or cargo to condemnation.
The Maria, relied upon by the other side, is no authority for so tyrannical a right; that was a case of absolute resistance to search.
2. Spoliation of papers is in itself no ground for condemnation. ”

“ And it is an established rule that the part of the cargo belonging to the same owner as the contraband portion must share its fate. This rule is well stated by Chancellor Kent, thus: 'Contraband articles are infectious, as it is called, and contaminate the whole cargo belonging to the same owners, and the invoice of any particular article is not usually admitted to exempt it from general confiscation.' So much of the cargo of the Peterhoff, therefore, as actually belonged to the owner of the artillery harness, and the other contraband goods, must be also condemned. ”

“ Merchandise of the first class, destined to a belligerent country or places occupied by the army or navy of a belligerent, is always contraband; merchandise of the second class is contraband only when actually destined to the military or naval use of a belligerent; while merchandise of the third class is not contraband at all, though liable to seizure and condemnation for violation of blockade or siege. ”

“ Upon principle, we insist that the courts of the United States will not add new restrictions to neutral trade.
It is argued that the real destination of the cargo was Texas, through Matamoras. This is not clear; the cargo having been suited for Mexico while at war with France as much as for our Southwestern States, then in insurrection against the National government. But if the destination were as alleged, it would be after a sale at Matamoras and an incorporation into the stock of commerce. The law laid down in The Bermuda would protect, not condemn, this. ”

“ In this state of geographical position and of treaty with Mexico, the President, on the 19th April, 1862, during the late rebellion in the Southern States, and with the purpose, as declared to foreign governments, to 'blockade the whole coast from the Chesapeake Bay to the Rio Grande,' declared the intention of the National government to set on foot a blockade of those States 'by posting a competent force so as to prevent the entrance or the exit of vessels;' and a naval force was soon after stationed near the mouth of the Rio Grande. ”

“ It is trade with the belligerent in contraband that subjects to capture. Trade between neutrals in contraband of war is legitimate, although they both know or believe that, eventually, the contraband may be sold to the belligerent. This was admitted even in The Bermuda. [17]
Of course it is not pretended that the concealment of the real destination by the interposition of a simulated one would protect the trade, where the real destination was the belligerent port or the enemy's army. ”

“ The Peterhoff was captured near the island of St. Thomas, in the West Indies, on the 25th of February, 1863, by the United States Steamship Vanderbilt. She was fully documented as a British merchant steamer, bound from London to Matamoras, in Mexico, but was seized, without question of her neutral nationality, upon suspicion that her real destination was to the blockaded coast of the States in rebellion, and that her cargo consisted, in part, of contraband goods. ”

“ They make part of the necessary equipment of an army.
It is true that even these goods, if really intended for sale in the market of Matamoras, would be free of liability: for contraband may be transported by neutrals to a neutral port, if intended to make part of its general stock in trade. But there is nothing in the case which tends to convince us that such was their real destination, while all the circumstances indicate that these articles, at least, were destined for the use of the rebel forces then occupying Brownsville, and other places in the vicinity. ”

“ The voyage was from Hamburg to Antwerp, and, of course, in its latter part, up the Scheldt. Condemnation of the cargo was asked on the ground that the Scheldt was blockaded by the blockade of Holland. But Sir W. Scott said, 'Antwerp is certainly no part of Holland, and, with respect to the Scheldt, it is not within the Dutch territory, but rather a coterminous river, dividing Holland from the adjacent country.' This case is the more remarkable inasmuch as Antwerp is on the right bank of the river, as is also the whole territory of Holland ”

“ If the belligerent country has a right to impose a blockade, it must be justified in the necessary means of enforcing that right; and if a vessel could, under the pretence of going further, approach, cy pres, close up to the blockaded port, so as to be enabled to slip in without obstruction, it would be impossible that any blockade could be maintained. ”

“ But how much contraband was there? for the contraband must be in considerable quantities to make an offence. [18] The 'Blucher boots' are formidable features at first view. But every one acquainted with the habits of the people of Mexico, and especially of those much in the saddle, is aware of the extensive use of what are here thus called. In travelling over a country where there are neither ferries nor bridges, every man's horse is his means of transit, and in fording and swimming streams this sort of boots is used as a protection to the limbs and feet. ”

“ The navigation of the stream is also made free and common to the citizens of both nations, without interruption by either without the consent of the other, even for the purpose of improving the navigation.
About forty miles up the river, on the United States bank of the stream, in the State of Texas, stands the American town of Brownsville; and nearly opposite, on the Mexican bank, the old Spanish one of Matamoras, separated but by the river. The natural facilities of intercourse between the two places are thus extremely easy. ”

“ By the captain it is represented as a package belonging to Mohl, and containing a white powder. We are unable to credit this representation. It is highly improbable that, under the circumstances described by the captain, he would have thrown any package overboard at such a time, and with the plain intent of concealing it from the captors, if it contained nothing likely, in his opinion, to prejudice the case of the ship and cargo. ”

“ It has been held, by this court, that persons residing in the rebel States at any time during the civil war must be considered as enemies, during such residence, without regard to their personal sentiments or dispositions. ”