THE CITY OF MEXICO. 33
THE CITY OF MEXICO.1
(Distric! Chart, S. D. New York. May 11, 1885.)
Fonrerrunn—BnnAou or- Nnurnarmrv Laws- Rev. Sr. 9 5283-Tasnm wrru
BELLIGEl{ENTS—LAW or- Nsrioivs.
The steamer City of M. was chartered to a reputable merchant at New York
to carry some arms and munitions of war from New York to the port of Sav-
anilla, United States of Colombia, in fulfillment of an order for them from
a merchant at Baranquilla. She also took lumber and specie to procure a re-
turn cargo of fruit for another New York merchant from Bocas del Toro. Sav-
anilla was at the time in the possession of insurgents against the regular govern-
ment of the state of Bolivar, to whom belligerent rights had been accorded.
The warlike material was probably intended for their use, as an agent of the in-
surgent government brought the order and aided in expediting the business.
After arriving at Savanilla and delivering this part of the cargo, the captain of
the City of M. contracted with the insurgents to transport about 250 passengers
from Savanilla to Rio Hacha. The latter port was in possession of the regular
government; but it appeared that the captain was informed and believed that it
was held, like Savanilla, by the insurgents. About 150 passengers came aboard
under this contract, who turned out to be soldiers of the insurgent government.
When the steamer arrived at Bio Hacha, the collector of the port and some of
his men came al0ng·side the steamer and were seized by the soldiers, against
the earnest remonstrance of the captain and officers of the City of M. The
following morning an armed schooner, belonging to the lawful government,
was descried at a distance, to capture which the insurgents attempted to make
use of the City of M., but abandoned the project on the solemn protest of the
captain, officers, and crew of the steamer, the chief engineer refusing to work
the ship, and thereupon the captain steamed immediately to Savanilla, where
the defacto government disavowed the acts of the soldiers, and the collector
and his men were released. On the return of the City of M. to New York, pro-
ceedings were had to forfeit her for violating the neutrality laws, on the ground
that she had been fitted out for the purpose of committing hostilities against a
state with which the United States were at peace. Rev. bt. § 5283. The court
found that the trip from Savanilla to Rio Hacha was not intended when the ves-
sel lcft New York. Held, that section 52.53 prohibits warlike or hostile voyages
0nly,—not commercial ventures; that the carrying of arms for the use of a .
belligerent to a port in its possession is not against our municipal law or the
law of nations, but merely subjects vessel and goods to search and seizure by
the other belligerent; that the voyage of the City of M. from New York was
purely commercial and peaceable in intention ; that the trip to Rio Hacha was
an independent diversion undertaken by the captain on his own responsibility,
and, whether hostile in intent or not, was not within section 5283, because not
- planned ‘* within the limits of the United States; " that the shipment, moreover,
being made on the order of a Baranquilla merchant, and no evidence appear-
ing that he was not the immediate principal, the transaction could not be
treated as one directly with the insurgents; and that, in either view, neither the
shipment of arms from New York, nor the independent diversion by the captain
in the trip to Rio Hacha, infringed section 5283, and the vessel was accordinzrlv
discharged.
In Admiralty.
Elihu Root, for the United States. ‘
W. W. MacFarland, for the steamer.
Bnown, J. On the twenty-fifth of April, 1885, the l1bel of infor-
mation in this case was filed for the forfeiture and condemnation of
the steam-ship City of Mexico, for an alleged v1olat1on of the neu-
1Reported by Edward G. Benedict, Esq., of the New Yo1·k bar.
v.24r,no.1—3 .