Ship under the United States colours and register. Charter-party with Messrs. Halliday, Fox, and Co., of London, who describe themselves as merchants and freighters, to make a voyage to Calcutta and back to London or Liverpool. Cargo taken in at Sunderland, and consisting of coal, said to be shipped for the "service of the Peninsular and Oriental Steam Navigation Company," but not even averred to be on "their account and risk." No certificate or other evidence of property; ship and cargo condemned. Master knows nothing of property except what appears by the papers.
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Friday, May 29th.—We had another chase last night from about 2 A.M., but with better success than the two previous nights, since at 7.30 A.M. we came up with and captured the ship Jabez Snow, of Rockport, Maine. Just at daylight, being within about four miles of her, we hoisted our own colours, and fired a gun. She did not show any colours in return, and stood a second gun before heaving to; she finally showed her colours. Got on board from the prize a quantity of provisions and cordage; transhipped the crew, and about sunset set her on fire. Found a letter on board, the writer of which referred to American ships being under a cloud "owing to dangers from pirates, more politely styled privateers," which our kind friends in England are so willing "should slip out of their ports to prey on our commerce." This letter was dated Boston, November 25th, 1862.
CASE OF THE JABEZ SNOW.
Ship under United States colours, cargo coals, from Cardiff for Monte Video. On the face of the bill of lading is the following: "We certify that the cargo of coals per Jabez Snow, for which this is the bill of lading, is the bonâ fide property of Messrs. Wilson, Holt, Lane, & Co., and that the same are British subjects and merchants; And also that the coals are for their own use.
"JNO. POWELL & SONS."
As this certificate was not sworn to, it added no force to the bill of lading, as every bill of lading is an unsworn certificate of the facts it recites. There being no legal proof among the papers to contradict the presumption that all property found under the enemy's flag is enemy's property, and as the Master, who was the charterer and agent of the ship, and whose duty it was to know about all the transactions in which he was engaged, swore that he had no personal knowledge of the owner of the cargo, except such as he derived from the ship's papers, the cargo, as well as the ship, is condemned as prize of war. The following significant extract from a letter of the Master to his owners, dated Penrith Roads, April 19th, 1863, was found on board, though not produced by the Master:—
"I have my bills of lading certified by the Mayor, that the cargo is bonâ fide English property. Whether this will be of any service to me in the event of my being overhauled by a Southern pirate, remains to be proved."
The certificate above recited seems, therefore, to have been procured by the Master to protect his ship from capture, and not to have been a spontaneous act of the pretended neutral owners to protect the cargo. The cargo and advance freight were insured against war-risk, the ship paying the premium. No effort was made by Wilson, Holt, Lane, & Co., to protect the cargo, and they were the proper parties to make the oath. The agent who shipped the coal for this firm, and who wrote the above-quoted certificate, could only know, of course, that he had shipped them by order of his principal. Why, then, did Wilson, Holt, Lane, & Co., decline to make the necessary oath to protect the cargo? They should have taken the necessary steps to protect either themselves or the insurers, but they did no such thing. It would seem, probably, that they were the agents of some American house, and that they could not, in conscience, take the oath required by law.
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