Cruise and Captures of the AlabamaGoodrich, Albert M.
History
Cruise and Captures of the Alabama
Goodrich, Albert M.
Alabama (Screw sloop); United States -- History -- Civil War, 1861-1865 -- Naval operations, Confederate
The prize proved to be the Lafayette, from New York, laden with grain for
Belfast, Ireland. Captain Saunders readily obeyed the order of the
boarding officer to go on board the Alabama with his ship's papers. He was
shown into the presence of Captain Semmes, and produced his British
consular certificate, with the remark that he supposed that was sufficient
protection. After a hasty examination, Semmes said:
"New Yorkers are getting smart, but it won't save it. It's a d--d hatched
up mess."
The Lafayette was burned.
The decree of the "Confederate Prize Court," which seems to have
comprehended neither more nor less than the Alabama's commander, was in
this case as follows:
CASE OF THE LAFAYETTE.
The ship being under the enemy's flag and register, is condemned.
With reference to the cargo, there are certificates, prepared in due
form and sworn to before the British consul, that it was purchased,
and shipped 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 the case; that of Craig & Nicoll and that of
Montgomery Bros. Messrs. Craig & Nicoll say that the grain shipped by
them belongs to Messrs. Shaw & Finlay and to Messrs. Hamilton,
Megault & Thompson, all of Belfast, in Ireland, 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 is, on the
contrary, consigned to the order of the shippers; thus leaving the
possession and control of the property in the hands of the shippers.
Farther: The shippers, instead of sending this grain to the pretended
owners in a general ship consigned to them, they paying freight as
usual, have chartered the whole ship, and stipulated themselves for
the payment of all the freights. If this property had been, _bona
fide_, the property of the parties in Belfast, named in the
depositions, it would undoubtedly have gone consigned to them in a
bill of lading authorizing them to demand possession of it; and the
agreement with the ship would have been that the consignees and
owners of the property should pay the freight upon delivery. But even
if this property were purchased, as pretended, by Messrs. Craig &
Nicoll for the parties named, still, their not consigning it to them
and delivering them the proper bill of lading, passing the
possession, left the property in the possession and under the
dominion of Craig & Nicoll, and as such liable to capture. See 3
Phillimore on International Law, 610, 612, to the effect that if the
goods are going on account of the shipper or subject to his order or
control, they are good prize. They cannot even be sold and
transferred to a neutral _in transitu_. They must abide by their
Public-domain text, read in full here on John Shaqi.
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