ed, and the ship's company _quitte pour la peur_. Not so,
however, the delinquent captain of the hold, who was at once sent to
expiate his fault in the durance vile of a suit of double irons.
The 3rd February brought a small prize in the United States schooner
Palmetto, from New York for St. John's, Porto Rico, with a mixed cargo
of provisions. She, too, laid claim to immunity on the ground of
neutrality of cargo; but inquiry soon led to condemnation, and after
taking from her a large quantity of biscuit, cheese, &c., the crew were
removed on board the Alabama, and the schooner burned.
* * * * *
CASE OF THE PALMETTO.
The schooner was U.S., per register and flag. The cargo was shipped by
Herques and Maseras, of New York, to Vincente Brothers, in San Juan,
Porto Rico. There was no affidavit or certificate of neutral property on
board, and the cargo would have been condemnable on this ground alone.
It being in an enemy's ship, it is presumed to be enemy's property until
the contrary be shown by proper evidence under oath. The Master, upon
examination, testified that he had no knowledge of the ownership of the
cargo; and this, though he was the agent and charterer of the ship, as
well as Master. The correspondence found on board--that is to say, a
letter from the shippers to the consignee--states that the cargo is
shipped, two thirds on account of the consignee, and one third on
account of the shippers--the parties being the joint owners of the
_undivided_ cargo in these proportions. Therefore, whatever may be the
general business-relations of the parties, they are, _quoad_ this
shipment, partners; and the house in the enemy's country having shipped
the goods, the other partner's share is condemnable, notwithstanding his
residence in a neutral country. See 3rd Phillimore, 605; and the
Vigilantia, 1 Rob., pp. 1-14, 19; the Susa, ib., p. 255.
* * * * *
Several days now passed without adventure of any kind, the monotony of
alternate gales and calms being only varied by the receipt of a few old
newspapers from the schooner Hero, of Yarmouth, N.S., giving news of the
angry "resolutions" passed by the New York Chamber of Commerce with
reference to the Alabama; and also--which was of considerably more
importance--the information that the Vanderbilt and Sacramento were both
to sail towards the end of January, in pursuit of the Confederate
cruiser.
Sunday
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