_Out of luck--Tempest-tossed--Rotatory storms--A prize--The case of the
Lafayette--A long chase--The Crenshaw--Neutral or not?--Rough again--The
Lauretta--Condemned!--The Baron de Custine--Released on bond._
The Alabama was again out of luck. For the second time since her
departure from Terceira, nearly a fortnight passed without bringing a
single prize. It was, indeed, hardly to be expected that the splendid
success which had attended the first three weeks of her cruise could be
maintained. From the 1st to the 18th of September, she had captured and
destroyed no less than ten vessels, of an aggregate value of nearly two
hundred and fifty thousand dollars. Then had followed an interval of a
fortnight, during which one vessel only was overhauled, and proving to
be French, permitted to proceed. This dull period over, the 3rd October
had seen the commencement of another run of good fortune, extending over
nearly a fortnight, during which she succeeded in capturing five more
vessels, all of considerable size, and for the most part with valuable
cargoes. In this fortnight alone damage was inflicted upon United States
property to the amount of more than half-a-million of dollars; and it
was but natural that, after so splendid a gift, fortune should for a
time hold her hand.
Accordingly, for the next ten or twelve days the Alabama lay helplessly
on the ocean, tossed and beaten about by a succession of gales from
every point of the compass, culminating, as we have seen, in the
hurricane of the 16th October. The season was, indeed, most unusually
severe, this month of October being commonly one of calm and fine
weather. A gale at this time is a most unusual occurrence; but for more
than a week a succession of storms was experienced of the most violent
description, while for fully three weeks the weather continued dark,
rough, and gloomy, with strong shifting winds and heavy rain, the thick
clouds rarely separating sufficiently to afford the chance of an
observation.
Occasionally a break in the murky canopy would give promise of a change
for the better; but a very few hours served to dissipate the rising
hope. The sky would be again overcast, the wind breeze up from a fresh
quarter, and another night of discomfort set in. In addition to this
adverse weather, a still further difficulty was experienced in the
strong current that appeared to set continuously from the westward,
drifting the vessel bodily out of her course at the rate of sixty or
seventy miles a day. During this period, the barometer ranged from
28.64 to 29.70. It was remarkable that the winds appeared to succeed
each other with perfect regularity, rotating, as nearly as possible,
once in every two days, or at the utmost, in two days and a half. The
course taken by these rotatory storms was always the same, and it was a
rare occurrence for the wind to remain stationary in one quarter during
eight or ten successive hours.
On the 23rd October the gale at last finally broke, and with the return
of better weather the Alabama's luck seemed also about to revive. At
noon a brief break in the clouds just gave time for an observation for
latitude, and this was barely worked out, when "Sail, ho!" was heard
from the masthead; and a fine brig was discovered hull down on the lee
bow. Running down to her under close-reefed topsails, she proved to be
English; but though not destined herself to become a prize, the
deviation in the Alabama's course, occasioned by the chase, proved most
fortunate for her. She had scarcely luffed up again, after ascertaining
the brig's nationality, when again the welcome cry was heard, and the
helm shifted in pursuit. Soon the new chase became clearly discernible
from the quarter-deck, when she proved to be a large ship running to the
northward and eastward under a press of canvas. So determinedly was she
"cracking on" as to have everything set, even to her main-royal,
notwithstanding that the wind was still blowing very nearly half a gale.
The course of the stranger being diagonal to that of the Alabama, the
speed at which she was travelling soon brought her within speaking
distance, and, as usual, a feint was made for the purpose of extorting a
confession of her nationality. The flag chosen this time was the English
blue ensign, and it was speedily answered by the Stars and Stripes,
which fluttered gaily from the merchantman's peak as she dashed along
under her towering mass of canvas before the breeze, right across the
Alabama's path.
Another moment and the scene was changed. The Yankee ensign had hardly
reached her peak, when down came the beguiling signal from the Alabama's
flagstaff, and the white folds of the Confederate ensign unfurled
themselves in its stead. A flash, a spurt of white smoke, curling for a
moment from the cruiser's lee-bow, and vanishing in snowy wreaths upon
the wind, and the loud report of a gun from the Alabama, summoned the
luckless Yankee to heave to. In a moment all was in confusion on board
the merchantman. Sheets and halyards were let go by the run, and the
huge cloud of canvas seemed to shrink and shrivel up as the vessel was
rounded to with folded wings like a crippled bird, and with her
foretopsail to the mast, lay submissively awaiting the commands of her
captors.
She proved to be the ship Lafayette, of Boston, bound to Belfast, with a
full cargo of grain, &c. Of her own nationality there was, of course, no
doubt; but a question now arose about the ownership of the cargo, and
some hours of patient investigation were necessary before Captain Semmes
could determine upon the course to pursue. Finally it was determined
that the claim of neutral ownership was a mere blind to insure against
capture; and at 10 P.M., the ship having been formally condemned, the
crew were transferred to the Alabama, and the prize fired and left to
her fate.
The following is Captain Semmes' memorandum of the
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:--
CASE OF THE SCHOONER CRENSHAW.
This vessel was captured under the North American flag, and had on board
a North American register--there is, therefore, no question as to the
ship. There has been an attempt to cover the cargo, but without success.
The shippers are Francis Macdonald and Co., of the city of New York; and
Mr. James Hutchison, also of New York, deposed before the British
consul, that "the goods specified in the annexed bills of lading were
shipped on board the schooner Crenshaw, for, and on account of, subjects
of Her Britannic Majesty, and that the said goods are wholly and _bonâ
fide_ the property of British subjects." No British subject is named in
the deposition, and no person is therefore entitled to claim under it.
Further: even admitting the goods to have been purchased on British
account, the shipper has not divested himself of the possession by a
proper consignment, under a proper bill of lading. The property is
consigned to the _order of the shipper_, which leaves it entirely under
his control; and it having left the port of New York as his property,
the title cannot be changed while the property is _in transitu_.
As to the first point--to wit, the failure to point out some particular
British owner of the property--see 3d Phillimore 596, to the following
effect:--"If in the ship's papers, property, in a voyage from an enemy's
port, be described 'for neutral account,' this is such a general mode as
points to no designation whatever; and under such a description no
person can say that the cargo belongs to him, or can entitle himself to
the possession of it as his property," &c.
And as to the second point--to wit, the failure on the part of the
shipper to divest himself of the title and control of the property by a
proper bill of lading--see 3rd Phillimore 610-12, as follows, viz.: "In
ordinary shipments of goods, unaffected by the foregoing principles, the
question of proprietary interest often turns on minute circumstances
and distinctions, the general principle being, that if they are going
for account of the shipper, or subject _to his order or control_, the
property is not divested _in transitu"_ &c.
* * * * *
_Monday, October 27th._--Another gale of wind! In the mid-watch last
night the barometer commenced falling, and by 3 this afternoon it had
gone down to 29.33, where it remained stationary for a time, and then
began to rise slowly, being at 29.45 at 8 P.M. The wind began to blow
freshly from the south, and hauled gradually to the westward, the
barometer commencing to rise when the wind was about W.S.W. In the early
part of the gale we had the weather very thick, with heavy squalls of
rain, clearing about nightfall, with the wind from the W.S.W.
In the midst of a heavy squall of wind and rain, and with a heavy sea
on, we discovered a brig close aboard of us, on our weather quarter; but
as we were on opposite tacks we soon increased our distance from each
other. Wore ship, and hove to, under close-reefed topsails on the
starboard tack. Being about a degree to the southward of St. George's
Bank, got a cast of the lead at 7 P.M., with no bottom at eighty-five
fathoms. Lat. 39.47 N., Long. 68.06 W., a little over two hundred miles
from New York.
_Tuesday, October 28th_.--Weather cloudy; wind light from the north,
hauling to the eastward. The heavy sea, from the effects of the gale
yesterday, continued all day rolling and tumbling us about, and keeping
the deck flooded with water. In the morning watch descried a brig
running off to the southward. She being some distance off, and running
in the wrong direction, we did not chase. Soon afterwards another sail
was reported to the westward, standing in our direction; shaped a course
to head her off, and at 11 A.M., having approached her within half a
mile, hoisted the English blue. The stranger showing United States
colours, we hoisted our own, and hove him to with a gun. Brought the
master on board with his papers, and finding the cargo condemnable, got
the crew on board, fired the ship, and filled away.
The prize proved to be the barque Lauretta, of Boston, from New York,
for Madeira and the Mediterranean. Received papers as late as the 24th.
The intelligence of our captures (as late as the Brilliant) seems to
have created great alarm for the safety of commerce in New York.
CASE OF THE LAURETTA.
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.