United States v. The Nuestra Senora De Regla

by Morrison Waite

United States Supreme Court

108 U.S. 92

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.

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