United States v. The Nuestra Senora De Regla

The steamer Nuestra Senora de Regla was built in New York for     the claimant, a railroad company in Cuba, created by the laws      of Spain. She was delivered to an agent of the claimant on     the sixth of November, 1861, and sailed for Havana in command      of a Spanish master. She was a side-wheel steamer of about     300 tons burden, built to run on a ferry between Havana and a terminus of the railroad company's      railroad. On her way down the coast she went into Port Royal,     and while there the quartermaster of the United States at      that post offered to purchase her for the use of the      government. The master declined to sell, as he had no     authority. She was then, on the twenty-ninth of November,     seized by order of Gen. Thomas W. Sherman, in command of the      United States forces. In communicating the fact of the     seizure to the adjutant general of the army, on the second of      December, the general said: 'If this steamer I have seized is      confiscated she should be left here. She is just the thing we     want, and admirably adapted for these waters and our purpose. She is new, and exactly such a boat as they have at the     Jersey City ferry in New York. Will carry 1,000 men, and will     draw not over six or seven feet.'

No judicial proceedings were instituted for her condemnation,     but at some time, before December 16th, the following      charter-party was entered into:

'Articles of agreement made this ___ day of December, 1861,     between ___, captain of the steam ferry-boat Nuestra Senora      de Regla, for and on behalf of the owners of the said      ferry-boat, of the first part, and Captain Rufus Saxton, as      assistant quartermaster in the United States army, for and on      behalf of the United States of America, of the second part,      witnesseth:

'That the said party of the first part, for and in     consideration of the payment hereinafter promised to be well      and truly made by the said party of the second part, hath      chartered to the United States the steam ferry-boat Nuestra      Senora de Regla, with all her tackle, apparel, furniture, and      machinery, to be used for transporting troops, stores, or      other things, as the said party of the second part may      direct.

'And the said party of the second part both agree, for and in     consideration of the faithful performance of the above duty,      that the said party of the first part shall receive the sum      of $200 for each and every day the said boat may be kept in      service, said steam ferry-boat to be kept staunch, sound, and      strong, and her machinery in good running order and condition, by the      said party of the first part.

'It is understood by the parties to this agreement that in     case the said steam ferry-boat shall be confiscated to the      United States, then this contract shall be void; otherwise to      remain in full force and virtue.

'It is furthermore understood by the parties to this     agreement that the said steam ferry-boat is not to be run      outside of the bar of Port Royal, but at any and all points      on the rivers and creeks that connect with Broad river.

'This contract to commence on the sixteenth day of December     1861, and continue in force 10 days, after which each party      has a right to cancel the same.

'In witness whereof the undersigned have hereunto affixed     their hands and seals, at Hilton Head, S.C.., the day and      date first above written.

'[S'd] YGNACIO A. REYNALS. [L. S.]

'[S'd] R. SAXTON, [L. S.]

'Capt. U.S. Army, Chief Quartermaster, E. C.'

The testimony shows that $200 a day was a fair price for the     use of the vessel at that place at that time. One witness,     competent to judge, testified to that effect, and no attempt      was made by the United States to contradict him.

The vessel was kept in the possession or under the control of     the quarter-master until the twenty-ninth of January, when      she was in form delivered to the flag officer of the navy in      command at that station. She was, however, kept in constant     use by the government as a transport, in the way contemplated      by the charter, from the sixteenth of December until about      the first of March, when she was sent to New York. No     judicial proceedings were begun against her until the ninth      of June, when a libel of information in prize was filed in      the district court for the southern district of New York by      the United States, in behalf of themselves 'and of the naval      captors in interest.' She was attached on the same day by the      marshal, and the usual monition was issued and served. The     owner filed a claim on the ninth of July. No further     proceedings were had until the twenty-second of August, when      the following order was entered: 'On reading and filing a notice of motion and a verified copy      of a letter from the secretary of the navy, stating that the      navy department desires to obtain possession of the steamer      Nuestra Senora de Regla, and on hearing Mr. E. Delafield      Smith, United States district attorney, in support of the      motion, and Mr. W. R. Beebe, proctor for the claimants, in      opposition thereto, it is hereby ordered that the said      steamer Nuestra Senora de Regla be appraised by Benjamin F.      Delano, United States naval constructor, and Benjamin F.      Garvin, chief engineer, both now stationed at the navy yard,      New York, and John Inglis; that such appraisement be filed      with all convenient speed with the clerk of this court; that      thereafter said steamer be delivered to the navy department      for the use of the government, upon filing in court a      certificate of the assistant treasurer of the United States      in New York that the amount of the appraisement has been      deposited in the United States treasury, subject to the order      and disposal of the court on final decree in the case.

'SAMUEL R. BETTS.'

The letter of the secretary of the navy referred to in this     order is as follows:

'NAVY DEPARTMENT, August 11, 1862

'SIR: The department will take the steamer Nuestra Senora de     Regla at the appraisement of $25,000.

'It desires early information, if practicable, as to the     appraisement in the case of the Annie, the Stettin, and the      Memphis.

'I am, respectfully, your obedient servant,

'GIDEON WELLES.'

The vessel was valued by two of the appraisers at $28,000,     and by the third at $30,000, and immediately delivered to the      navy department, although the certificate of deposit provided      for was never filed. The cause was heard on the twentieth of     June, 1863, and a decree entered directing that the vessel be      restored to the owner, but reserving all questions of costs,      and damages resulting from the capture, for future hearing      and determination. On the fifteenth of October, 1863, the     following entry was made in the cause:

'It having been mutually agreed between the counsel for the respective parties that the said vessel, in the above     decision, was immediately taken into the possession and use      of the United States under a charter-party, and delivered      them thereunder, and so remained without molestation from the      claimants, on motion of the counsel for the vessel, and with      the assent of the United States attorney, it is ordered by      the court that further proceedings and litigation be stayed      in the above cause, to the end that all questions of damages,      reserved in the decision of the court in the term of June      last, may be considered and adjusted by the government of the      United States in the application, and with the concurrence of      the government of Spain.

'SAMUEL R. BETTS.'

On the twentieth of May, 1870, the following letter was     addressed to the Spanish minister in Washington by the      secretary of state:

'DEPARTMENT OF STATE, WASHINGTON, May 20, 1870.

'SIR: I have the honor to acknowledge the receipt of your     note of the fifth instant in relation to the Spanish steamer      Nuestra Senora de Regla, and the claim which arose in      consequence of her seizure by the United States authorities      in 1861.

'The district court of the United States for the southern     district of New York, after deciding that the claimants were      entitled to restitution of the vessel, made an order      suspending proceedings, to the end that the question of      damages might be considered and adjusted by the government on      the application and with the concurrence of that of Spain.

'Without referring to the reasons which have so long delayed     any arrangement between the two governments, I have now to      say that it will be most satisfactory to the government that      the parties interested should apply to the court, which still      retains jurisdiction of the case, to obtain such further      relief as justice may demand, and in the mode which that      tribunal shall deem most proper and convenient.