Fait à Lima, le 27 Janvier, 1863.
(Signed and impressed with the Consular seal.)
This certificate fails to be of any value as proof, for two reasons: first, it is not sworn to; and secondly, it simply avers the property to be neutral (the greater part of it, for it does not touch the guano in sacks), instead of pointing out the owner or owners. A Consul may authenticate evidence by his seal, but when he departs from the usual functions of a Consul, and becomes a witness, he must give his testimony under oath, like other witnesses. This certificate, therefore, does not even amount to an ex parte affidavit. If the property had been in the shipper's or consignee's name, it would have been quite as easy to say so as to put the certificate in its present shape. Why, then, was the simple declaration that the property was neutral made use of?—the law with which every Consul, and more especially a chargé d'affaires, is supposed to be acquainted with, declaring them to be insufficient? The conclusion from these two facts—viz., that there was no oath taken, and that there was no owner named—seemed to be that the Consul gave a sort of matter-of-course certificate, upon the application of some one who declared the property to be neutral, perhaps with a knowledge to the fact, or contrary to the fact, neither party taking any oath. Now, the presumption of law being, that goods found in an enemy's ship belong to the enemy, unless a distinct neutral character be given to them, by pointing out the real owner, by proper documentary proof, as neither the bill of lading nor the certificate, which is a mere statement of a fact, like the bill of lading, not under oath, nor the Master's testimony, who knows nothing (see his deposition) except as he has been told by the shipper, amounts to proper documentary proof, the ship and cargo are both condemned. It must be admitted that this is a case in which, perhaps, a prize court would grant "further proof;" but as I cannot do this, and as a distinct neutral character is not impressed upon the property by former evidence, I must act under the presumption of law. Sect. 3rd, Phillimore, 596. The charter-party in this case describes the charterers, J. Sescau and Co., of Antwerp, as agents of the supreme Peruvian Government. But if so, why was it not certificated by the government, as was done in the case of the Washington, captured and released on bond by this ship? And then the master swears that the shippers told him that the cargo belonged to them; and if the Peruvian Government must resort to a French official for a certificate, why not, then, on oath made before him? and why did he not state the fact that it so belonged, which would have protected it?
* * * * *
The Alabama was now again heading for the Cape, the Anna Schmidt having yielded a supply of bread sufficient, with strict economy, to last out the passage. There she arrived on the 29th July, anchoring in Saldanha Bay, at about 1.45 P.M.
Thursday, July 30th.—Last night the sky and atmosphere were singularly brilliant. Landed this morning at eight, to get sight for my chronometers, this being the first time that I ever set foot on the Continent of Africa. Saldanha is a gloomy, desert-looking place, the shore comprised of sand and rock, without trees, but with green patches here and there. There are three or four farm-houses in sight, scattered over the hills. The farmers here are mostly graziers. The cattle are fine and good; a great number of goats graze on the hills, and sheep-raising is extensive, the mutton being particularly fine. Small deer are abundant. We had a venison steak for breakfast. The little islands in the bay abound in rabbits, and there is good pheasant-shooting in the valleys. Already a party of officers has gone out to stretch their limbs, and enjoy the luxury of shooting.
July 31st.—Took a stroll on shore, and walked round some fine oat-fields. The soil resembles our hummock land in Florida, and produces finely. Engaged caulking, painting, &c. An abundance of wild-flowers in bloom. Huge blocks of granite lie about the sand, and from the tops of projections, &c.
Saturday, Aug. 1st.—I returned on board, after a stroll on shore, at 2 P.M. During my walk I met some farmers in a four-horse waggon coming to see the ship. They brought me a wild peacock—not quite so large as our wild turkey. It was without the gorgeous plumage of the domestic bird. The schooner Atlas came in this afternoon, with letters for me from some merchants at Cape Town, offering their services to supply me with coal, &c., and expressing their good-will, &c., &c. I took occasion by this vessel, which returned immediately, to write to the Governor, Sir Philip B. Wodehouse, informing him of my presence here.
Sunday, Aug. 2nd.—The inhabitants say that this winter has been remarkable for its general good weather, and for the few gales they have had. Crowds of country people, from far and near, came on board to look at the ship to-day.
Monday, Aug. 3rd.—Another crowd of visitors to-day, who came in their country waggons and on horseback. They all speak Dutch, and it is rare to find one among them who speaks English. Although it is nearly half a century since England took final possession of the colony, the English language has made but little progress, the children being taught by a Dutch schoolmaster, and the papers being, many of them, printed in Dutch. There was an intelligent young boer (about twenty-three) among them, who had never been on board a ship before. He was quite excited by the novelty of everything he saw. Some of the female visitors were plump, ruddy, Dutch girls, whose large rough hands, and awkward bows and curtsies, showed them to be honest lasses from the neighboring farms, accustomed to milking the cows and churning the butter. I found the geranium growing wild in my rambles to-day. Just as we were going to sun-down quarters, a boat came alongside with the body of Third Assistant-engineer Cummings, who accidentally shot himself with his gun.