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THE DOURO, 70 U. S. 564 (1865)

U.S. Supreme Court

The Douro, 70 U.S. 3 Wall. 564 564 (1865)

The Douro

70 U.S. (3 Wall.) 564


The Court reproves counsel who take appeals without any expectation of reversal, and declares that if it had power to impose a penalty in such cases, as it has when writs of error are sued out for delay merely, it would impose it.

Appeal from a decree of the District Court of the United, states for the Southern District of New York condemning

Page 70 U. S. 565

the Douro and her cargo for a breach of the blockade of the port of Wilmington, North Carolina, established by our government during the late rebellion.

The vessel had been captured as prize of war by one of the government steamers, about two hundred miles off the port just named, and being brought into the port of New York was there libeled in prize.

C. Edwards, Esq., as attorney, filed a claim for certain British subjects, owners of the vessel and cargo. These admitted in substance that the vessel had come out of the port of Wilmington on the voyage in which she was captured, but alleged that there was no efficient blockade of that port, and seemed to rest their defense on the ground that, having eluded the vigilance of the blockading vessels on duty off that port and reached the open sea, she was not subject to capture by any other vessel of the United States. The test oaths were made by Mr. Edwards only.

The master of the captured vessel, on his examination preparatory to the original hearing, said: "I knew the port of Wilmington was blockaded when I went in, for I had six guns fired at me, and I knew it when I came out." And again: "The vessel was captured because she had been running the blockade." And again: "The capturing vessel fired a broadside, or half a broadside at us, amounting to some fifty-five guns. This was done because we were trying to escape." The mate said the same thing.

The district court condemned both vessel and cargo as lawful prize of war, from which decree the claimants, by counsel -- whose name the reporter supposes that, after the opinion of the Court has been read, he will be excused by the benevolent reader for not signalizing -- appealed to this Court.

Page 70 U. S. 566

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