34 rmvmmn REPORTER.
trality laws of the United States, as enacted by section 3 of the act
, of April 20, 1818, (3 St.`at Large, 448,) now section 5283 of the He-
vised Statutes. Briefly stated, the alleged offense consisted in carry-
ing military supplies for the insurgent government at Savanilla, and
there taking on board about 150 armed soldiers and proceeding thence
to the loyal seaport of Bio Hacha, upon a hostile military expedition,
during which the custom-house ofncers who boarded the ship at Bio
Hacha were captured and brought back to Savanilla.
The steamer having been seized, and having remained without
bonding in the custody of the government, the cause has been brought
to immediate trial. Section 5283 provides for the forfeiture of every
vessel httcd out or armed, "within the limits of the United States,
with intent_that such vessel shall be employed in the service of any
foreign prince or state, or of any colony, district, or people, to cruise
or commit hostilities against the subjects, citizens, or property of any r
foreign prince or state, or any colony, district, or people, with whom
' the United States are at peace."
The libel, in eight different counts, varying somewhat in form,
charges, in substance, that the steamer, on or about the twelfth day
of March, 1885, within the Southern district of New York, was fitted
out with intent that she should be employed in the service of cer-
tain rebels, citizens of the United States of Colombia, then in insur-
rection against the United States of Colombia, to cruise and commit
hostilities against the subjects, citizens, and property of the latter,
» with whom the United States were at peace. Some of the counts
state that the alleged rebels then constituted a ole fa.cto government
at the city and district of Baranquilla and Savanilla. The answer
consists of a general denial.
- The proofs show that during some months previous to the seizure
` of the steamer an insurrection had existed in the state of Bolivar,
one of the states of the United States of Colombia, of which Bar-
4 anquilla was the interior capital, and Savanilla, about 30 miles dis-
tant, was the seaport; that the insurgents were in possession of these
cities, had established a dc facto government there, and that the recog- ·
nition of belligerent rights had been accorded them by the lawful
government of that country,. and a notification thereof made to our
government on the twelfth of March, 1885. On the same day, the
steamer City of Mexico, of about 660 tons, sailed from New York
with a cargo consisting of 20 cases of guns, 50 cases of cartridges, 50
boxes of builders’ hardware, 300 barrels of Hour, 100 hemlock boards,
50 spruce scantlings, and two boxes containing $1,540 in specie. The
hardware, as well as the guns and cartridges, were military supplies
consigned to Perez & Co., merchants at Baranquilla, upon whose ac-
count andorder they had been purchased shortly before in this city
by S. P.   an established and reputable commission merchant
here. The order for the goods andthe funds to pay for them were
brought from, Baranquilla by one Gaitan, who was in fact a com-