The Buena Ventura

Citations

• 175 U.S. 384
• 20 S. Ct. 148
• 44 L. Ed. 206
• 1899 U.S. LEXIS 1572

Syllabus

<p>In the fourth clause of the President’s proclamation of April 26,1898, issued after the declaration of war against Spain by Congress, April 25,1898, it was said: “ 4. Spanish merchant vessels in any ports or places within the United States, shall be allowed till May 21, 1898, inclusive, for loading their cargoes and departing from such ports or places, and such Spanish merchant vessels, if met at sea by any United States ship, shall be permitted to continue their voyage if, on examination of their papers, it shall appear that their cargoes were taken on board before the expiration of the above term; provided, that nothing herein contained shall apply to Spanish vessels having on board any officer in the military or naval service of the enemy, or any coal (except such as may be necessary for their voyage), or any other article prohibited or contraband of war, or any dispatch of or to the Spanish Government.” The Buena Ventura, a Spanish vessel, being at Cuba in March,.1898, was chartered to proceed with all convenient speed to Ship Island, Mississippi, and there to take on board a cargo of lumber for Rotterdam. Under this charter she arrived at Ship Island in the latter part of March, 1898, and took on a cargo of lumber for Rotterdam. She cleared at the custom house on the 14th of April accordingly, but was detained by low water until April 19, when, between 8 and 9 a.m., she proceeded on her voyage. While so proceeding she was captured by a man of war of the United States about ten miles off the Florida coast. Up to the moment of capture all her officers were ignorant of the existence of a state of war, and the vessel, at' the time of her capture, was following the ordinary course of her voyage. After hearing in. the District Court of the United States the Buena Ventura was condemned and sold under a decree of court, and the proceeds were deposited to abide the event' of an appeal from that decree. Held,;</p> <p>(1) That an innocent vessel like the Buena Ventura,