The Hart

Decision Date01 December 1865
Citation18 L.Ed. 220,3 Wall. 559,70 U.S. 559
PartiesTHE HART
CourtU.S. Supreme Court

THE present case came here by appeal from a decree of the District Court of the United States for the Southern District of New York; a decree condemning the schooner Hart and her cargo as lawful prize of war. The vessel was claimed below by one Harris; the cargo by Samuel Isaacs.

The whole cargo consisted of arms and munitions of war, taken on board, principally, at London, under the direction of agents of the rebel government, with consent, by the owner or owners of the schooner, to the intended fraud on belligerent rights. The nominal destination of the vessel and cargo was Cardenas; but the preparatory proofs clearly established that this pretended destination was false, and that the entire lading was to be there transshipped, to be conveyed by a swifter vessel, or was to be carried on without transshipment to its belligerent destination, at the discretion of the rebel agent, whose instructions the master was directed to receive and obey on arrival at Cardenas.

Mr. Coffey, for the captors; no one appearing, nor any argument being submitted for the claimants.

The CHIEF JUSTICE:

The case in its principal features resembles that of the Bermuda and her cargo; they are, perhaps, even more irreconcilable with neutral good faith.

It is enough to say that neutrals who place their vessels under belligerent control, and engage them in belligerent trade, or permit them to be sent with contraband cargoes under cover of false destination to neutral ports, while the real destination is to belligerent ports, impress upon them the character of the belligerent in whose service they are employed, and cannot complain if they are seized and condemned as enemy property.

The principles recognized in the preceding case require the affirmance of the decree of the District Court; and it is

AFFIRMED ACCORDINGLY.

To continue reading

Request your trial
1 cases
  • The Prdro
    • United States
    • United States Supreme Court
    • December 11, 1899
    ......A transportation from one point to another remains continuous, so long as intent remains unchanged, no matter what stoppages or transhipments intervene.' . Page 375 .           Applications of this doctrine are contained in the following cases: The Stephen Hart , 3 Wall. 559, sub nom. The Stephen Hart v. United States , 18 L. ed. 220; The Springbok , 5 Wall. 1, sub nom. The Springbok v. United States , 18 L. ed. 480; The Peterhoff , 5 Wall. 28, sub nom. The Peterhoff v. United States , 18 L. ed. 564. I do not understand that in the opinion of ......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT