Unrrmn sryrss v. 214 BOXES or ARMS, ETC. 55
itself was not to engage in hostile operations, for the purpose of being
landed and sold in a neutral port, even to a belligerent, they could
not be confiscated. The general test of contraband as to neutrals is _
whether the contraband goods are intended for sale in a neutral
market, or whether the direct and intended object is to supply the
enemy with them. If the latter is the immediate object, and the
property is destined to go directly to the belligerent for his immediate
, use, the case is within the inhibitions of the neutrality Code, and, the
other belligerent may confiscate. In the cases at bar the question is
in different form, while the principle is identical. It concerns the
furnishing, ntting out, and arming, in a neutral jurisdiction, of a ves-
sel about to proceed directly to the theater of hostilities, and to en-
gage in military operations. The Hogan, as already concluded, was
intended for such a purpose, and on receiving these arms was in-
tended to be directly bound to the waters of Hayti. These military
_go0ds were not to be taken to a neutral port to be sold in open market;
they were not for sale at all. They were intended to be used on that
steam-tug in flagrant hostilities. When they left Frazer’s warehouse
they ceased to be articles of commerce. They were no longer for
sale. They were to be put in a covert and deceptive manner upon
a vessel at sea, and to constitute her outfit for engaging in hostilities
against a state with which the United States are at peace. It is use-
less to cite legal authorities on this subject. The law is in the form
of an express statute. Its principles are plain and elementary, and
need only to be stated to be comprehended and approved. It is not
denied by the defense that these munitions were intended to be put
upon the Hogan when she should have got fairly out at sea. Ad-
mitting that fact, they deny that the Hogan was destined to Mari-
goane, and insist that she was going on a wrecking-expedition to raise
a steam-ship from the bottom of the harbor of Antonio. That pre.
tense was rejected by the court in New York, and is as emphatically
rejected by this court. The Hogan was to go directly to engage in
hostilities in the waters of Hayti; and these munitions were to be put
upon her as her military furniture and outfit.
The only remaining question, therefore, is, did those who purchased
the goods and shipped them on the Irwin, and did the Irwin’s mas-
ter, Capt. Dodd, know of this destination of the goods? Did they
attempt to it out the Hogan with these goods? Were they "kn0w—
ingly concerned in furnishing, fitting out, and arming" the Hogan, or
_ attempting to do so, with these goods ? “Attempt to fit out and arm,"
"knowingly concerned in the furnishing, fitting out, and arming of
any vessel with intent that such vessel shall be employed to cruise
or commit hostilities against a state," etc., are the searching and com-
prehensive terms of the law applying to these libels. It were a
waste of words, in view of the cumulative evidence in these cases, to
state the proofs of the complicity of Soutar and Kearney in the pur-
chase and preparation of the Hogan for her expedition; and of Soutar,