Mr. Seward to Lord Lyons.
Department of State,
Washington, June 5, 1863.
My Lord: Adverting to your note of the 7th of
May last relative to the case of the British steamer Adela, as well as
to my subsequent notes to you in relation to that case, I now have the
honor to enclose, for your information, the copy of a communication of
the 26th ultimo, on the subject, from the United States attorney at Key
West.
I avail myself of this opportunity to renew to your lordship the
assurance of my high consideration.
Mr. Boynton to Mr. Seward.
United States District
Attorney’s Office,
Key West, Fla.,
May 26, 1863.
Sir: I have the honor to acknowledge the
receipt of your letter of the 9th instant, together with a copy of
the note of the British minister of the 17th instant, relating to
the sale of the prize steamer Adela.
The case of the Adela was postponed for a long time at the request of
the claimants, to enable them to introduce further proof from
England. After the depositions arrived from England the hearing was
again postponed some weeks, to enable Mr. Gerard, the agent of the
owners, to be. present at the argument. After the hearing Judge
Marvin intimated in court that the case was one which must be
appealed to the Supreme Court for a final decision, and that neither
party could be prejudiced by a decree of condemnation being
rendered, and the claimants have leave to appeal without filing the
usual appeal bond.
The suggestion seemed to be entirely satisfactory to all parties. The
decree and order for sale was drawn by myself, and re-written by the
claimant’s proctor here in conference with the agent from England.
By the copy which I send you will see
that the consent to sale was inserted by the claimants in the decree
written by themselves.
An appeal was taken without filing a bond, in pursuance of Judge
Marvin’s suggestion.
I believe the vessel was not sold, but was turned over to the
government in accordance with the alternative provision of the
decree.
[Page 627]
I am unable to see that any assurance given in your letter to Mr.
Stuart, of the 13th of August, 1862, a copy of which was already in
my possession, has in any sense been violated by the action of the
court here.
I have the honor to be, sir, your obedient servant,
THOS. J. BOYNTON, United States Attorney,
S. D. of Florida.
Hon. William H. Seward,
Secretary of State, &c.
[Untitled]
| The United States |
} |
Prize. |
| vs. |
| The Steamer Adela and
cargo. |
Further proofs in this cause having been introduced by the claimants
under the former order of the court, and the cause having been
re-heard upon such further proofs, and upon all the proofs in the
cause, and having been argued by the district attorney for the
government, and by Walter C. Maloney, esq., for the claimant, it is
now ordered, adjudged, and decreed that the said steamship, a vessel
called the Adela, together with her tackle, apparel, furniture, and
cargo, is good prize of war, and that the same be condemned as
forfeited to the United States as such prize of war.
It is further ordered, by consent of parties, that the marshal
transport the vessel and cargo to New York, and have the same
appraised by C. Delano and Charles Copeland and Robert Mackie, and
the cargo appraised by____ Howes, and ______ Hyatt, and that he turn
over and deliver to the government, at the appraised value, without
waiting for the appraisement to be acted on by the court, on the
requisition of either the War or Navy Department, the vessel or any
part of the cargo, and that he proceed to advertise and sell at
public auction any part of the condemned property not taken by the
government within forty days from the arrival of the vessel in New
York, and that compensation of appraisers shall not exceed fifty
dollars each.
It is further ordered, by consent of parties, that the claimant has
leave to appeal from the decree of condemnation without filing an
appeal bond.
