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 _bona 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
_bona 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 agen
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