The Olinde Rodrigues

This was a libel filed by the United States against the steamship Olinde Rodrigues and cargo in the district court for South Carolina, in a prize cause, for violation of the blockade of San Juan, Porto Rico. The steamship was owned and claimed by La Campagnie G en erale Transatlantique, a French corporation.

The Olinde Rodrigues left Havre, June 16, 1898, upon a regular voyage on a West Indian itinerary prescribed by the terms of her postal subvention from the French government. Her regular course, after touching at Paulliac, France, was St. Thomas, San Juan, Port au Platte or Puerto Plata, Cape Haytien, St. Marque, Port au Prince, Gonaives, and to return by the same ports, the voyage terminating at Havre. The proclamation of the president declaring San Juan in a state of blockade was issued June 27, 1898. The Olinde Rodrigues left Paulliac June 19th, and arrived at St. Thomas July 3, 1898, and on July 4, in the morning, went into San Juan, Porto Rico. She was seen by the United States auxiliary cruiser Yosemite, then blockading the port of San Juan.

On the 5th of July, 1898, the Olinde Rodrigues came out of the port of San Juan, was signaled by the Yosemite, and, on communicating with the latter, asserted t at she had no knowledge of the blockade of San Juan. Thereupon a boarding officer of the Yosemite entered in the log of the Olinde Rodrigues an official warning of the blockade, and she went on her way to Puerto Plata and other ports of San Domingo and Haiti. She left Puerto Plata, on her return from these ports, July 16, 1898, and on the morning of July 17th was captured by the United States armored cruiser New Orleans, then blockading the port of San Juan, as attempting to enter that port. A prize crew was put on board, and the vessel was taken to Charleston, S.C.., where she was libeled, as before stated, July 22, 1898. Depositions of officers, crew, and persons on board the steamship were taken by the prize commissioners in preparatorio in answer to certain standing interrogatories, and the papers and documents found on board were put in evidence. Depositions of officers and men from the cruiser New Orleans were also taken de bene esse, but were not considered on the preliminary hearing except on a motion by the district attorney for leave to take further proofs.

The cause having been heard on the evidence in preparatorio, the district judge ruled, August 13th, for reasons given, that the Olinde Rodrigues could not, under the evidence as it stood, be condemned for her entry into the blockaded port of San Juan on July 4th and her departure therefrom July 5, 1898, nor for attempting to enter the same port on July 17th; but that the depositions de bene esse justified an order allowing further proofs, and stated also that an order might be entered 'discharging the vessel upon stipulation for her value, should the claimant so elect.' 89 Fed. 105. An order was accordingly entered that the captors have 90 days to supply further proof 'as to the entry of the Olinde Rodrigues into the port of San Juan, Porto Rico, on July 4, 1898, and as to the courses and movements of said vessel on July 17, 1898,' and 'that the claimants may thereafter have such time to offer testimony in reply as may seem proper to the court.'

The cargo was released without bond, and on September 16th the court entered an order releasing the vessel on 'claimants giving bond by the Compagnie G en erale Transtlantatique, its owners, without sureties, in the sum of $125,000, conditioned for the payment of $125,000, upon the order of the court, in the event that the vessel should be condemned.' The bond was not given, and the vessel remained mained in custody.

Evidence was taken on behalf of the United States, and the cause came on for hearing on a motion by the claimants for the discharge and restitution of the steamship on the grounds (1) that the blockade of San Juan at the time of the capture of the Olinde Rodrigues was not an effective blockade; (2) that the Olinde Rodrigues was not violating the blockade when seized.

The district court rendered an opinion December 13, 1898, holding that the blockade of San Juan was not an effective blockade, and entered a decree ordering the restitution of the ship to the claimants. 91 Fed. 274. From this descree the United States appealed to this court, and assigned errors to the effect (1) that the court erred in holding that there was no effective blockade of the port of San Juan on July 17, 1898; (2) that the court erred in not finding that the Olinde Rodrigues was captured while she was violating the blockade of San Juan, July 17, 1898, and in not decreeing her condemnation as lawful prize.

Atty. Gen. Griggs, Asst. Atty. Gen. Hoyt, and J. P. Kennedy Bryan, for appellant.

E. K. Jones, for appellee.

Mr. Chief Justice FULLER, after stating the facts in the foregoing language, delivered the opinion of the court.