The St. Nicholas
APPEAL from the circuit court of Georgia. This vessel and the cargo were libelled as prize of war. The ship was claimed by John E. Smith, the supercargo, in behalf of John Meyer, alleged to be a Russian subject residing at St Petersburg. The cargo consisted of logwood and cotton, 200 bales of which were claimed by Smith, in behalf of Platzman & Gosler, also alleged to be Russian merchants of St. Petersburg. The remainder of the cargo, consisting of 950 bales of cotton, and 58 tons of logwood, were claimed in behalf of John Inerarity, a Scotchman, domiciled at Pensacola, and an adopted Spanish subject. The vessel was restored in the district court, and the cargo condemned, except the logwood, which was restored. Both parties appealed to the circuit court, and the cause was then heard and considered; but that court, under the influence of personal considerations, rendered only a pro forma decree, affirming the sentence of the district court, at the same time expressing a strong opinion that both vessel and cargo were liable to condemnation. The cause had been continued at the last term of this court for farther proof, but no farther proof was produced at the present term.
The cause was argued by Key and Harper, for the appellants and claimants, and by Pinkney and Charleton, for the respondents and captors.
JOHNSON, J., delivered the opinion of the court as follows: