the three friends digest

7/23/2019 The Three Friends Digest

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166 U.S. 1THE THREE FRIENDS. UNITED STATES

v.THE THREE FRIENDS et al.

No. 701.March 1, 1897

FACTSIt was on May 23, 1896 when Napoleon Broward, the

master of the tuboat entered into an agreement to furnishand armed to use his tugboat and seri!e a !ertain people,the insurgents in the Island of "uba against the #ing of$pain% &hese people are !alled '"uban (eolutianists'% &hesteamer &hree )riends was sei*ed Noember +, 1896, by the

!olle!tor of !ustoms for the distri!t of $t% ohns, )la%, asforfeited to the -nited $tates under . /283 of the (eised$tatutes, and thereupon, Noember 12th, was libeled onbehalf of the -nited $tates in the 0istri!t "ourt for the$outhern 0istri!t of )lorida% t that time, $pain and -%$% wasat pea!e% &hey traeled from the $t% ohns (ier, within the$outhern distri!t of )lorida%

The frst two paragraphs o the libel alleged the seizureand detention o the vessel, and the libel then continued:

"Third. That the said steamboat or steam vessel, theThree Friends, was on, to-wit, on the 2d da! o a!, #.$.%&'(, urnished, ftted out, and armed with intent that sheshould be emplo!ed in the service o a certain people, to-wit, certain people then engaged in armed resistance to thegovernment o the )ing o *pain, in the +sland o uba, tocruise and commit hostilities against the subects, citizens,and propert! o the )ing o *pain, in the +sland o uba, withwhom the nited *tates are and were at that date at peace."

"Fourth. That the said steamboat or steam vessel,Three Friends, on, to-wit, on the 2d da! o a!, #.$. %&'(,whereo one /apoleon 0. 0roward was then and theremaster, and within the said *outhern $istrict o Florida, wasthen and there ftted out, urnished, and armed, with intentthat said vessel, the said Three Friends, should be emplo!edin the service o a certain people, to-wit, the insurgents inthe +sland o uba, otherwise called the 1ubanrevolutionists,1 to cruise and commit hostilities against thesubects, propert!, and people o the )ing o *pain, in the

said +sland o uba, with whom the nited *tates are andwere then at peace."

"Fith. That the said steamboat or steam vessel ThreeFriends, on, to-wit, on the 2d da! o a!, #.$. %&'(, andwhereo one /. 0. 0roward was then and there master,within the navigable waters o the nited *tates, and withinthe *outhern $istrict o Florida and the urisdiction o thisourt, was then and there, b! certain persons to theattorne!s o the said nited *tates unnown, urnished,

ftted out, and armed, being loaded with supplies and armsand munitions o war, and it, the said steam vessel Three



Friends, being then and there urnished, ftted out, andarmed with one certain gun or guns, the e3act number tothe said attorne!s o the nited *tates unnown, and withmunitions o war thereo, with the intent then and there to

be emplo!ed in the service o a certain people, to-wit,certain people then engaged in armed resistance to thegovernment o the )ing o *pain in the +sland o uba, andwith the intent to cruise and commit hostilities against thesubects, citizens, and propert! o the )ing o *pain in thesaid +sland o uba, and who, on the said date and da! lastaoresaid, and being so urnished, ftted out, and armed asaoresaid, then and there aoresaid, rom the navigablewaters o the nited *tates, to-wit, rom the *t. 4ohns 5iver,within the *outhern $istrict o Florida, and within the

urisdiction o this ourt aoresaid, proceeded upon a vo!ageto the +sland o uba aoresaid, with the intent aoresaid,contrar! to the orm o the statute in such case made and

provided. #nd that b! orce and virtue o the acts oongress in such case made and provided, the saidsteamboat or steam vessel, her tacle, engines, machiner!,apparel, and urniture, became and are oreited to the useo the said nited *tates."

"*i3th. #nd the said attorne!s sa! that b! reason o all

and singular the premises aoresaid, and that b! orce o thestatute in such case made and provided, the aoresaid anddescribed steamboat or steam vessel Three Friends, hertacle, machiner!, apparel, and urniture, became and areoreited to the use o the said nited *tates."

Napoleon B% Broward and Mont!alm Broward, masterand owners, interened as !laimants, applied for anappraisement of the essel and her release on stipulation,and led the following e!eptions to the libel4

"%. *ec. 62&, or an alleged violation o which the saidvessel is sought to be oreited, maes such oreituredependent upon the conviction o a person or doing the actor acts denounced in the frst sentence o said section, andas a conse7uence o conviction o such person8 whereas theallegations in said libel do not show what persons had beenguilt! o the acts therein denounced as unlawul."

"2. The said libel does not show the Three Friends wasftted out and armed, attempted to be ftted out and armed,or procured to be ftted out and armed, in violation o said

section."". The said libel does not show the said vessel was so

ftted out and armed, or so attempted to be ftted out andarmed, or so procured to be ftted out and armed orurnished, with the intent that said vessel should beemplo!ed in the service o a oreign prince or state or o acolon!, district, or people with whom the nited *tates areat peace."

"9. The said libel does not show b! whom said vessel

was so ftted out."



"6. *aid libel does not show in the service o whatoreign prince or state or colon! or district or bod! politic thesaid vessel was so ftted out."

"(. The said libel does not show that said vessel was so

armed or ftted out or urnished with the intent that suchvessel should be emplo!ed in the service o an! bod! politicrecognized b! or nown to the nited *tates as a bod!

politic." &he essel was appraised at 5,777, and a bond on

stipulation gien for 517,777, upon whi!h she was dire!tedto be released% &he !ause !ame on to be heard upon thee!eptions to the libel, and on anuary 18th the followingde!ree was entered4

"This cause coming on to be heard upon e3ceptions to

the libel, and having been ull! heard and considered, it isordered that said second, third, fth, and si3th e3ceptions besustained and that the libelant have permission to amendsaid libel8 and, in event said libel is not so amended withinten da!s, the same stand dismissed, and the bond hereinfled be cancelled."

ISSUES1% hether or not Napoleon B% Broward and Mont!alm

Broward iolates the (eised $tatute /2832% hether or not the steamer &he &hree )riends must

be released on bond

HE!D1% e agree with the distri!t :udge that the !ontention thatforfeiture under se!tion /283 depends upon the !oni!tion of a person or persons for doing the a!ts denoun!ed isuntenable%

-nder $e!tion /283 of the (eised $tatutes is asfollows4

1ver! person who, within the limits o the nited *tates, ftsout and arms, or attempts to ft out and arm, or procures tobe ftted out and armed, or nowingl! is concerned in theurnishing, ftting out, or arming, o an! vessel with intentthat such vessel shall be emplo!ed in the service o an!oreign prince or state, or o an! colon!, district, or people,to cruise or commit hostilities against the subects, citizens,

or propert! o an! reign prince or state, or o an! colon!,district, or people, with whom the nited *tates are at

peace, or who issues or delivers a commission within theterritor! or urisdiction o the nited *tates, or an! vessel,to the intent that she ma! be so emplo!ed, shall be deemedguilt! o a high misdemeanor, and shall be fned not morethan ten thousand dollars, and imprisoned not more thanthree !ears. #nd ever! such vessel, her tacle, apparel, andurniture, together with all materials, arms, ammunition, and

stores, which ma! have been procured or the building ande7uipment thereo, shall be oreited8 one-hal to the use o



the inormer, and the other hal to the use o the nited*tates.1

&he libel alleged that the essel was "urnished, fttedout, and armed with intent that she should be emplo!ed in

the service o a certain people, to-wit, certain people thenengaged in armed resistance to the government o the )ingo *pain, in the +sland o uba, to cruise and commithostilities against the subects, citizens, and propert! o the)ing o *pain in the +sland o uba, with whom the nited*tates are and were at that date at peace."

&he learned distri!t :udge held that this was insu;!ientunder se!tion /283 be!ause it was not alleged "that saidvessel had been ftted out with intent that she be emplo!edin the service o a oreign prince or state, or o an! colon!,

district, or people recognized as such b! the political powero the nited *tates."

It !onrms us in the iew thus epressed%It is true that, in giing a resume of the se!tions, we

referred to se!tion /283 as dealing 'with tting out andarming essels in this !ountry in faor of one foreign poweras against another foreign power with whi!h we are atpea!e,' but that was matter of general des!ription, and theentire s!ope of the se!tion was not re<uired to be indi!ated%

&he title is headed 'Neutrality,' and usually !alled, byway of !onenien!e, the 'Neutrality !t,' as the term')oreign =nlistment !t' is applied to the analogous Britishstatute, but this does not operate as a restri!tion%

Neutrality, stri!tly spea>ing, !onsists in abstinen!e fromany parti!ipation in a publi!, priate, or !iil war, and inimpartiality of !ondu!t towards both parties, but themaintenan!e unbro>en of pea!eful relations between twopowers when the domesti! pea!e of one of them is disturbedis not neutrality in the sense in whi!h the word is used whenthe disturban!e has a!<uired su!h head as to haedemanded the re!ognition of belligeren!y% nd, as merematter of muni!ipal administration, no nation !an permitunauthori*ed a!ts of war within its territory in infra!tion of itssoereignty, while good faith towards friendly nationsre<uires their preention%2% It is proided by se!tion 938 of the (eised $tatutes that4

"pon the pra!er o an! claimant to the court that an!vessel, goods, wares, or merchandise seized and prosecuted

under an! law respecting the revenue rom imports ortonnage, or the registering and recording, or the enrollingand licensing o vessels, or an! part thereo, should bedelivered to him, the court shall appoint three proper

persons to appraise such propert!, who shall be sworn inopen court, or beore a commissioner appointed," etc.

"+, on the return o the appraisement, the claimant,with one or more sureties, to be approved b! the court, shalle3ecute a bond to the nited *tates," et!%, "the court shall,

b! rule, order such vessel, goods, wares, or merchandise tobe delivered to such claimant. . . ."



$e!tion 939 proides for the sale of essels "condemned b!virtue o an! law respecting the revenue rom imports ortonnage, or the registering and recording, or the enrollingand licensing o vessels, and or which bond shall not have

been given b! the claimant. . . ."$e!tion 97 authori*es the :udges to do in a!ationeerything that they !ould do in term time in regard tobonding and sales, and to 'eer!ise eery other in!identalpower ne!essary to the !omplete ee!ution of the authorityherein granted%'$e!tion 91 proides4 ";hen a warrant o arrest or other

process in rem is issued in an! cause o admiralt! urisdiction, e3cept the cases o seizure or oreiture underan! law o the nited *tates, the marshal shall sta! the

e3ecution o such process, or discharge the propert!arrested i the process has been levied, on receiving romthe claimant o the propert! a bond or stipulation in doublethe amount claimed b! the libellant, with su<cient suret!, tobe approved b! the udge,"

By se!tion 91+, this "ourt may pres!ribe rules ofpra!ti!e in admiralty 'in any manner not in!onsistent withany law of the -nited $tates%'

(ule 17, as thus pres!ribed, proides for the sale of

perishable arti!les or their deliery upon se!urity to 'abideby and pay the money awarded by the nal de!ree%'

(ule 11 is as follows4 "+n lie manner, where an! shipshall be arrested, the same ma!, upon the application o theclaimant, be delivered to him upon a due appraisement, tobe had under the direction o the court, upon the claimant1sdepositing in court so much mone! as the court shall order,or upon his giving a stipulation, with sureties, as aoresaid,and i the claimant shall decline an! such application, thenthe court ma!, in its discretion, upon the application oeither part!, upon due cause shown, order a sale o suchship, and the proceeds thereo to be brought into court orotherwise disposed o, as it ma! deem most or the benefto all concerned."

"+t is clearl! not the intention o section 62&, inimposing a oreiture, to accept the value o the vessel asthe price o a hostile e3pedition against a riendl! power,which might entail a hundredold greater liabilities on the

part o the government. /o unnecessar! interpretation o

the rules should be adopted which would permit that result,and !et such might be the result, and even the e3pectedresult, o a release o the vessel on bond. The plain intent osection 62& is e=ectuall! to prevent an! such e3peditionaltogether, through the seizure and oreiture o the vesselhersel. The government is thereore entitled to retain her incustod!, and 5ule %% cannot be properl! applied to such acase."

?oweer, as this appli!ation was not based upon

absolute right, but addressed to the sound dis!retion of the!ourt, it is enough to hold that, under the !ir!umstan!es of



this !ase, the essel should not hae been released as itwas, and should be re!alled on the ground that the order ofrelease was improidently made%

If the essel is held without probable !ause, her owners

!an re!oer demurrage@ and, moreoer, essels so situatedare fre<uently allowed to pursue their ordinary ao!ationswhile in !ustody pending suit, under proper superision, andin order to preent hardship%

The decree must be reversed, and the cause

remanded to the district court with directions to

resume custody of the vessel, and proceed with the

case in conformity with this opinion.



"U#!ICINTERNATI$NA

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S&'()tte* toA('a++a*or Rola*o -reor)o

S&'()tte* '/AN$NUE$, Ma. Cr)+el*a A.

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