‘THE PAQUETE HABANA. ‘THE Lota. ode the acto Congres of March U0, «1, the nut Be oie. ton af pa fom a assent a deren Ta ee case, ite {stent fe at be mcrae to aie ‘Stee by tin courts of Jeo appropiate foreton, an ote at ei i pag ae ay pra fo a ie of ie a ot oc at a {ote wor of fn ad comment, not fore spcuton {hee ators concern nthe Dito et or tesewoety ihe penn ayy te goer coset ofthe liad antons of te ‘revs neputty of ny expan tray o cher pte a ‘owed ae of Interonoot nw tat un folag ve wih ‘Sat aplmentandeappa argon anderen, tarmed tad hoy blog she pace aig of catching ted Wiggin fr r'cumpt trom copa se pce of war And ar eo wih ‘cura ialatrng the aw of bts ae bound to eke ea sees dec ec sy eo gage ening onthe oat of Gob tly der te San a, {neck owned by Sparih sof ruig a ran er ere, ‘are ousing nl toto ty of berth he ert ‘elgg ers an hur cgo connate rh A a by Ir ro fom the se, pot om bard a hey mere ang tod ep toidate Buch ene Herma oa oa foing forage, sa eed ‘Song the eat Cate oat to Suniel ee f te meat std of {beds the slop thre ted for ent Aveda late era ‘rece of Sp a the ahuotexaded or og Dadeon OCTOBER ‘TERY, 1900, sce Yon haa fl ah ag "Tus eases are stated in the opinion of the cour, Mr. J. Parker Rivlin for appllant, Mr, Aswidant Atorney General Hoyt for Une Waid States. Mo. doueph K. MoCummon and Mr. Somes H. Hayden Bled ‘bret for the captors. Mr. George A. King and Mr. Wal. fam B. King Hla a bref *for certain captors” Ma Josrice Gua daiverad the opinion of the court ‘These are wo appeal from dre of th Distet Coat of the Vaiod Stier forthe Sothera Discs of Fort, com Alemting two fihing veal argos ta pie of wa Tach veel wan sfahng sch rong hand ou of Uavang, and roglar}y engagl 0 Gahing. onthe cast of Cat lel unr tho Syn fg was ove by a Spach tubjs of Cuan birt tng te iy of Havana asco tiamet by ast of Shay lo veting i Hara aad irimste at ce ba no ite nth vest, bt wero Cott to shure, amounting nal oto thin of her ath, the ctr tin baomging t ber ae.” He argo oneal of fe sh aught by hrc from te et, pa on Board te they wore enngt and keptand sold alia” Unt) topped ty th blocking squadron, she tal 0 knowledge of the thtence of the wat or of any Mack She bal eo rm or auamusilion on toa, abd made 20 aif to fun the Ulead aller she Knot of fe enstanc, nor any rane athe tne of the exper The Paquet as sloop, 48 fst long on the Keel, ‘THE PAQUETE HABANA, ero pisos of te Cot. nd of 95 tons barden, and ad screw of threo Cubans, inca ing the master, who tnd a Babing Tigenso from the Spanish Government, and no other commission or license. She left lavana Mayol 85, 1998; tiled along tho const of Cuba to ‘Capo Sen Antonio atthe western end of the island, and there fishod for twenty-Bre da’ Iying botween the reefs off ‘ape, within th territorial waters of Spain and then started Ick for Havana, with a cargo of about 40 quital of Ii fish. On Apri 25, 1508, about two miles off Mariel, and leven miles from Havans, sho was eaptared by the United ‘States gunboat Castine "The Lola was a seooner, 51 fect long on the Keel, and of 25 tons burden, and had a ors of six Cubans including the taser, and no commission or licens, She let Havana Apeit Tt, 1998, and_ prooesied to Campeachy Sound off Yucatan, fshod thero eight days, and startod back for Havana with a fargo of about 10,000 pounds of live fab. On April 38,1898, near Havana, she wae etoppe by tho United State stesmship Cincinnati, and wae warve not to go into Havana, but was toli that she would be allowed to land at Babia Honda. She ‘then chang her ours and pat for Bain Honda, but on the next morning, when neat that port, was eaptarad by the United ‘Stateestesinhip Dolphin. ‘Both the fisbing vessels were brought by their eaptors into ‘Key West A libel forthe condemnation of each vessel and her cargo as prize of war wat there Blal on April 27, 1898; ‘a damn was interposed by er mastor, on bebalf of himselt tnd the other members of the ero, atl of hee owner; eri lence was taken, shovring the facts abore stated; and on May 36, 1805, a final_deoree of condomnation and sale was cntored, “the court not being satisfied that as a matter of Tavr, without say ondinanos, teeaty oF proclamation, fishing evel of this clase aro exempt from seizure” “Bach vessel was thereupon sold by action; the Paquete atmos for the sum of $490; and the Lola for the sum of $800. There was n0 othor evidence in the record of the valve of either vessel oF of her cargo Tebas been saggested, in bebalf of tho United States, that630 OCTOBER TERM, 1800 pin of he Cont. this oourt has no jurniton to hear and determine these tnyaty bors tho matter dapat in ether sve doesnot {xttod ihe sum or tale ot $200, andthe Dc Sag bat Sot verted thatthe ajaioation fvaves a qtion of ge. cra mportanen “The taggestion is found on ection 699 of the Revise States which provides that “an apped dalle allowed to the Suprems Coat from ll Rol destes of any Distt Court tn rns camee wor the atari apts, excl of cox, fxn th sm or vloe two thoorand delay; and sal Teallowoty without reference to tho ate in pute, on the ceriffnte ofthe Dit Jue thet the ajoicatoniaolee. Squetion of general importer” {Tae Jy Ato of tho United States for a cnty ator the organization ofthe Government unr te Cosiation, dd impowe pecuniary ite spon spelt retin, Tr actons at lw anda neq, the pecuniary Hit of the appelite jrabiton ofthis enart from the Great Couea tthe United Staten wes for long tine fel at 2000, Aes ft Soptomber 24 178.9, § 85 1 Sik £4; Marc 9,136 shanty Sint ail; Gondor. Opn, 3 Pot 83; Ror, Stat $2001, oon In 1840 tea tied to 85000 Ask of Foro see t0,18t5,e°7%,8 85 38 Sta 10, And in 1660 this was ‘motidal by proving iat, whore the fadgment or dere dd ot excel Ue sm of 000 ths ctr shoul are apptiata Jarstction upon the question ofthe Joatin of the Crit Esra! una ston oy. Act of Fobroney 25,188 000, 813 38 Stat th; Parkers Ormby, ALU 8 8, Bets oof mina and msn pit nc ing: pre sey the Jalcnry et of 180, In 8 Oy {26 origina ortistion in he Distt Coan, witbo regan to the'sum or tle tn conrorsy 3 and inf, porta Sanam tem to the Cleats Gore whee tbe mat term iapate exe the sin oF value of $200. 1 Slt 304 The. Bays ® Dalby 10). The Amible Nancy, Swan 640; Shation vsavvy,§ Pot Th By he ah Sr March 31304, apea to the Cit Court were fermted fom ail fal decree of 9 District Court were THE PAQUETE HABANA. os pion of he Cont the matter in dispute exceale! the sum or value of 8503 and from the Cireuit Courts to this court in all cases “of ‘admiralty and mavtime jaridition, an of prize or mo prize,” in which the maticr in dispate excoeded the sum or value fof $2000. 2 Stat. 244; Jenks v. Ze 3 Mason, 02; Stat fon v. Jarvis, boro cited; The Admiral, Wall. 69,612 ‘The acts of March 3, 1862, e. 86, § 7, and Jno 80, 1804, 174, § 18, provided that appeals feom the District Coarts fn prize causes should lio directly to this cour, here the mount in controversy excear 2000, oF on the certifeate fof the Dintret Jadge that the njoication involves «question of general importance” 19 Stat, 700; 13 Stat $10. The, provision of the act of 1805, omitting the wonls, “and. of rao oF no prin,” wan reinacled in seotion G82 of the Re sud Statates and the provision of the act of 18%, concern Ing prio noses, was substantally enacted in ection 695 of the Revisal Statutes, slready quote, ‘Bu allthis as been chang hy the ast of March 2, 1891, HT, establishing the Circuit Courts of Appeals and ee ting & new and complete scheme of appellate jurilicton ‘eponing upon the nature of the ilferen cases, rather than upon the pecuniary amount involve. 26 Stat $2 Dy that ac, as this cout has declared, the entire appellate juvistiction from the Circuitand District Courts of the United ‘tates war distributed, “aoonding to the scheme ofthe act betieen this court and the Circuit Courts of Appeals tlenshy “by designating the class of cases” uf shih ‘exch ofthese eourts was to have final jorsicton. eis ‘of, ALU. 8. 6B1, O08; Amerionn Constretion Co. Jack sonvitle Railway, 148 V. 8. 81%, 388; Canty v. Hotton eb Texas Raiteoy, 150 U. 8.170, 1 ‘The intention of Congress, by the act of 1801, to make the nature of the eas, and not the amount in dispe, the test of the appeliate jurstietion of this court fom the District and Circuit Courts clearly appears upon examination of the lea Ing provisions of the act Section 4 prosdes that no appl, whether by writ of ere or otherwise, shall hereafter nv taen from a District Court