CASE OF THE LAFAYETTE.
Ship and cargo condemned. The cargo of this ship was condemned by me as enemy's property, notwithstanding there were depositions of the shippers that it had been purchased by them on neutral account. These ex-parte statements are precisely such as every unscrupulous merchant would prepare, to deceive his enemy and save his property from capture. There are two shipping houses in this case; that of Craig and Nicoll, and that of Montgomery Bros.: Messrs. Craig and Nicoll say that the grain supplied by them belongs to Messrs. Shaw and Finlay, and to Messrs. Hamilton, Megault, and Thompson, all of Belfast, to which port the ship is bound, but the grain is not consigned to them, and they could not demand possession of it under the bill of lading, it being consigned to order, thus leaving the control in the hands of the shippers. The shippers, farther, instead of sending their grain as freight in a general ship, consigned to the owners, they paying the freight, charter the whole ship, and stipulate themselves for the payment of the freight. If this property had been bonâ fide the property of the parties in Belfast named in the depositions, it would undoubtedly have been consigned to them, under a bill of lading authorizing them to demand possession of it, &c., &c.; the agreement with the ship would have been that the consignees and owners should pay the freight upon delivery. Even if this property were purchased, as pretended, by Messrs. Craig and Nicoll, for the parties named, still their not consigning it to them and delivering to them the proper bill of lading passing the possession, left the property under the dominion of Craig and Nicoll, and as such, liable to capture. The property attempted to be covered by the Messrs. Montgomery, is shipped by Montgomery Bros. of New York, and consigned to Montgomery Bros., in Belfast; and the title to the property, so far as appears in the bill of lading, is in the latter house, or in the branch house in New York. Further, the mere formal papers of a ship and cargo prove nothing, unless properly verified, and in this case the master of the ship, although a part owner of the ship, whose duty it was upon taking in a cargo in time of war, to be informed of all the circumstances attending it, and connected with the ownership, knew nothing, except what he learned from the face of the papers. These certificates, therefore, were pronounced a fraud, and the cargo as well as the ship, condemned. 3d Phillimore 610-12 to the effect, that if the goods are going for account of the shipper, or subject to his order or control (as in this case), the property is not divested in transitu. The goods shipped by Craig and Nicoll, were consigned to their order, as has been seen.
As to the Montgomery's, see 3rd Phillimore 605, to the effect that if a person be a partner in a house of trade in an enemy's country, he is, as to the concerns and trade of that house, deemed an enemy, and his share is liable to confiscation as such, notwithstanding his own residence is in a neutral country. Further, the property consigned to Montgomery Bros., even admitting the Belfast house not to be a partner in the New York house, is liable to the same objection, as in the case of Craig and Nicoll; since, although the property is described as belonging to a party in Sligo, there is no bill of lading among the papers authorizing that party to demand the possession. The property is not divested, therefore, in transitu.
3rd Phillimore, 599, to the effect, that "further proof" is always necessary when the master cannot swear to the ownership of the property (as in this case). And as I cannot send my prizes in for adjudication, I must of necessity condemn in all cases where "further proof" is necessary, since the granting of "further proof" proceeds on the presumption that the neutrality of the cargo is not sufficiently established; and where the neutrality of the property does not fully appear from the ship's papers and the master's deposition, I had the right to act upon the presumption of enemy's property.
By midnight the Lafayette showed only a dim glare on the distant horizon, but the event formed a topic of discussion for the next two days, more especially as from the newspapers found on board it was ascertained that news of the captures on the banks of Newfoundland had already made its way to the United States, and that the Yankee cruisers were, therefore, probably by that time in full pursuit.
The 26th October, however, provided the crew of the Alabama with a fresh excitement. The weather had cleared beautifully, the wind was light from the eastward, and the vessel was gliding smoothly and swiftly, with studding-sails set alow and aloft, over the long, easy swell, which alone remained to tell of the heavy gales of the past fortnight. Every one was enjoying the change, and even the strict discipline of the man-of-war was, for the moment, in some measure relaxed, as officers and men gave themselves up to the full pleasure of a period of sunshine and tranquillity, after the long spell of gloom and storm. The look-out-man alone, high up on the fore topgallant crosstrees, still swept the horizon as eagerly as ever in search of a prize. At about noon his vigilance was rewarded by the sight of a sail on the port-quarter, and in a moment all was again bustle and excitement on board. Quick as the word could be given, the "flying kites" were furled, yards braced in, and the ship hauled up on a taut bowline in chase.
But the stranger was now well to windward, and fully four or five miles distant. The Alabama flew through the water with the freshening breeze, flinging the spray over her sharp bows, and stretching to her task as though she herself were conscious of the work before her, and eager in chase. But the strange sail was almost, if not quite, as fast as herself, and her position so far to windward gave her an immense advantage. The day, too, was wearing on, and the sky beginning to cloud over, giving every token of a dark if not a stormy night. If the chase could only hold on her course till dusk she was safe, and already the hopes of another prize were beginning to fade, and the anxious speculators on the forecastle were expecting the order to up helm and relinquish the chase.
On the quarter-deck, too, the idea was gaining ground that the affair was hopeless, and that it was not worth while to keep the ship longer from her course. But the Alabama was not given to letting a chance slip, and before finally abandoning the pursuit it was determined to try the effect of a shot or two upon the nerves of the stranger. A slight cheer, quickly checked by the voice of authority, rose from the eager crowd on the forecastle, as the weather bow gun was cast loose and loaded, and in another minute the bright flash, with its accompanying jet of white smoke, leaped from the cruiser's bow, as the loud report of a 32 pounder rang out the command to heave to.
A moment of breathless suspense, and another cheer rose from the delighted throng of sailors, as the stranger's sails were seen for a moment to shiver in the wind, and the frightened chase luffed to the wind, and then lay motionless with the Stars and Stripes at her mizenpeak. Another sharp hour's beating and the Alabama was alongside, and had taken possession of the United States schooner Crenshaw, from New York to Glasgow, three days out.
And now began another investigation into the character of the cargo, and notes were once more carefully compared, lest any bonâ fide neutral property should become involved in the fate that would otherwise befall the captured enemy. Finally, however, the case was decided against ship and cargo, and both were accordingly committed to the flames, the following entry being made by Captain Semmes of the grounds of his decision:—