¶1The second case was that of
¶2The brig Volant had been captured, near the mouth of the Rio Grande, on the 5th of November, 1863, by the United States *180steamer Granite City, and, with her cargo, was condemned, by the decree of the District Court for the Eastern District of Louisiana. The case came before this court upon the appeal of the claimants.
¶3Mr. Ashton, Assistant Attorney-General, for the United States; Mr. Marvin, contra, for the claimants.
¶5delivered the opinion of the court.
¶6The proof shows that the brig was the property of a neutral merchant of the island of Jersey, fully documented as a British merchantman, and regularly cleared from London to Matamoras.
¶7The cargo was shipped by the charterers of the vessel for neutral owners, and consigned to neutrals at Matamoras, but had not been discharged at the time of capture.
¶8It consisted in part of bales of confederate uniform cloth, of the same mark and of corresponding numbers with like goods found on the Science; but there is no proof of unlawful destination.
¶9The brig, however, anchored in Texan waters, near the coast, and remained there until captured.*
¶10This circumstance alone did not warrant condemnation, though, in connection with the character of the cargo, it justified capture.
¶11The decree of the District Court must be reversed; and a decree of restitution, on payment of costs and charges, must be entered instead of it.
¶12Reversal and decree .accordingly.