This ship being under American colours, with an American (U.S.) register, no question arises as to the ship. There are two shippers of the cargo, Messrs. Chamberlain, Phelps, and Co., and Mr. H.J. Burden, both houses of New York city. Chamberlain, Phelps, and Co. ship 1424 barrels of flour, and a lot of pipe staves, to be delivered at Gibraltar or Messina, to their own order; and 225 kegs of nails to be delivered at Messina, to Mariano Castarelli. The bill of lading for the flour and staves has the following indorsement, sworn to before a notary: "State, city and county of New York: Louis Contenein being duly sworn, says, that he is a clerk with Chamberlain, Phelps, and Co., and that part of the maize in the within bill of lading, is the property of subjects of the King of Italy." This certificate is of no force or effect for its generality; it points to no one as the owner of the merchandise, and no person could claim it under the certificate. See 3rd Phillimore, 596. Farther: the property is consigned to the order of the shipper. The title, therefore, remains in him, and cannot be divested in transitu. See 3rd Phillimore, 610-12. The contingent destination of this property, too, shows that it was property for a market. It was to be delivered either at Gibraltar or Messina, as the shipper might determine—probably on advices by steamer, before the ship should reach her destination. She was to stop, as we have seen, at Madeira, which would give ample time for the decision.
The bill of lading for the 225 kegs of nails has a similar indorsement, except that it is asserted that the whole of the property belongs to subjects of the King of Italy. It is not sworn that the property belongs to Castarelli, the consignee, and for aught that appears, Castarelli is the agent of the shipper to receive this consignment on his, the shipper's account. The presumption being, that notwithstanding a consignment in due form by an enemy shipper to a neutral, the property is enemy's property, until the contrary be shown. The consignment alone does not show the property to be vested in Castarelli, and the certificate does not indicate him as the owner. Although Castarelli could demand possession of the goods, under this consignment, he could not claim to hold them as his property under the certificate. There is, therefore, no evidence to show that he is not the mere agent of the shipper. What renders this consideration still more clear is, that if the goods had really belonged to Castarelli, it would have been so stated in the certificate. Why say that the goods belonged to "subjects of the King of Italy," when the consignee was the real owner?
The property shipped by H. Jas. Burden consists of 998 barrels of flour and 290 boxes of herrings, and is consigned to Charles B. Blandly, Esq., at Funchal, Madeira. The shipper, H.J. Burden, makes the following affidavit before the British consul in New York, to wit: "That all and singular the goods specified in the annexed bill of lading, were shipped by H.J. Burden, in the barque Lauretta, for and on account of H.J. Burden, subject of Her Britannic Majesty." Now, Burden may be a very good subject of Her Britannic Majesty, but he describes himself as of 42 Beaver Street, New York, and seems to lose sight of the fact, that his domicile, for the purposes of trade, in the enemy's country, makes him an enemy, quoad all his transactions in that country. Further: if the H.J. Burden, the shipper, is not one and the same person with the H.J. Burden for whom the property is claimed, then there is nothing in the papers to show that property is vested in the latter, since it is not consigned to him, nor is it shown that the consignee, Charles B. Blandly, Esq., is his agent. The presumption, in the absence of proof, is, that the consignee is the agent of the shipper.
* * * * *
Wednesday, October 29th.—* * * * At 10 A.M. hove to; let down the propeller, and put the ship under steam. Chased and overhauled a Dutch barque, and towards nightfall came up with the United States brigantine, Baron de Custine, from Bangor, with lumber for Cardenas. The vessel being old, and of little value, I released her on ransom bond, and converted her into a cartel, sending some forty-five prisoners on board of her, the crews of the last three ships burned.
CHAPTER XVIII.
Disappointment—Out of the track—The Levi Starbuck—Fresh vegetables —News—The other side of the case—Kindness repaid—The T.B. Wales—A family—Volunteers—In man-of-war trim.
The month of October went out as it came in with severe and blustering weather. The Alabama was still upwards of two hundred miles from New York, and it seemed as though a change would become necessary in her plans. Ever since starting upon his adventurous cruise, it had been a favorite scheme with Captain Semmes to make his appearance off this the very chief of the enemy's ports, and, if not strong enough actually to threaten the place itself, at all events to make a few captures within sight of the capital city of the North. It had been, therefore, a special disappointment to find himself baffled by a continued succession of hostile winds and contrary currents; and even the brilliant success that had thus far attended him in the capture of twenty-one vessels and the destruction of property to very nearly a million of dollars, seemed hardly to compensate for the failure of his pet project.
It was fast becoming evident, however, that the scheme for putting in an appearance off New York must be abandoned, at all events for the present; and on the 30th October the chief engineer was consulted as to the amount of coal remaining in the bunkers. The report was unfavorable. Four days' fuel only was left; and it was clear that even had the vessel been nearer than she was to her intended cruising ground, this would have been rather a short supply with which to venture on so dangerous an experiment. Reluctantly, therefore, the scheme was relinquished, the fires let down, propeller hoisted up again, and sail made to the southward and eastward en route for the coal depôt.
The ship was now out of the track of commerce, and for some time scarcely a vessel was seen. The 2d November, however, brought a prize in the shape of the ship Levi Starbuck, five days out from New Bedford, on a whaling voyage of thirty months to the Pacific Ocean. Like all whalers, she carried a stronger crew than is common with other vessels of similar tonnage, and twenty-nine prisoners were transferred from her to the Alabama. Being bound, too, on so long a cruise, she was well furnished with all necessaries, and the captor was enabled to supply himself from her with various articles of which, by this time, and after the rough weather he had experienced, he had begun to stand somewhat sorely in need.