Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1863-11-17

sioR Of the Cape We then DHfs iJE Ssldanhf
bay, where We anchored and repaired ship, ex
pscting 20 meet tho coal vsssaE bat nothing
esuld 10 sssn of her, and ne supposed shs HaEsl
have met Hi.h same mIshsp-
Fem SAldanbs bay We came regnd e Table
Bay, and snied tbs American bark Sea Bride
standins isto port eutsids Of Al hsadianas, snd
at q distance frsn the mainland As We ap-
preached her. our ofisers were directed BY the
captain 70 make observation OF tie dlstsnes, sad
they ali sgrsea thas the capture Was made ron
two 70 three miles outside Of the marine lsagss.
The total rHmhsr OF ear captures has Sosn
Hf.yBjx sAips, 5y which 70 eslim7 2 the dam
age to the enemy to be not lass than four mil
4 lien dsllsrs, to say noshiDg Of She indirect re-
s0lss OF tbs eruae Ia The way Of loss Of heights
/ high war insurance., and Rs1aereus sales Of en-
! eEy's ships TO psi them uRssr neutrBl flags, In
MS instance, hsFeysr, have we destroyed Z ship
where the pysof was complete that the caTge
| was Eeztral-tbOagh there have been sonss sHk-
! wEyd attempts On ths part Of unscruPslous neT-
chants to cover prepeTty-bat when such were
destroyed the proof ef he fraud was sPPsTsnt
On the papers.
! CONDEMNATION OF PRIZES.
Tie following extracts frsm tie proceeding Of
| the admiralty court, held OF board Of the Ala
bsms, (CaPt Ssmnes, Presiding,) viii show she
| principles upon Wkich the priE7 vessels and
their caTgOes have bssa condemned;
THE "LAFAYETTE''-sHIP AED CARGO cox
DEMNED.
The cargo was condemned notwithstanding
there was depssition Of the shippsrs thss f. had
| bees purchased by tEem on ReatTsl account.
| Tie sx parts statements are precisely such as
very uzserupulsus merchants Weuld prepare to
deceive his enemy ERd preserve bis pTspaTty
| from eaptrEe. There ara two shipping houses
/ II the ease--that Of Craig and Michel, and
A. a.
! The grain shipped by them belongs 70 Hsssrs
Shaw and Findlay, and Asss-s. Hamilton, Ne
GauIt. aud TkomPsoa, 81 Of Belfast 20 which
port he ship Is bound; but the grain Is not coa-
sieasd to Them, and they eenld net dsmasd
possession Of it nader the bill of ladipg-is bsing
consigned ''to erdsr" thus leaving The control
in the hands Of the shippers.
Ths shippers, further, instead Of sending this
sfsin on frsigbt ia general slip csnsigRed 70
the owaerz, thsy paying ths freight, charter the
Rhale ship, and sapulats themssiTss tor psy-
zsst Of the freight II this possession had been
bena fds ths property Of The parties in Belfast
uSms3 il the dispositions, Is WOald undoubtsdly
bavs Raae consigned to them under a bill Of
ladiHz, zuthsrizing them 70 demand possession
of il and the agreement with the snip would
hsye besa that the c9nsignees and owners
shoald pay the freight on delivery. Even if the
properly we're purchased by Msssrs Craig and
siEDing It ts them sad delivering 70 thsm a
proper bill Of ladDg, passing tss possession, tsfs
tke property untsr the dominion Of AessTs.
Craig and Eiehol-Gn6, IS sueh, liable to cap
tzrs
Ths property attempted to be covered By Ihs
Msnigsmsrys is shipped By Montgomery Bfoth-
sTS, Of New Ysrk, and consigned to h0nlgOm'
cry BrolhsTs, Of Belfast sRd the tita Of the
sroDorty, g. fsr ss sppssTs from the bin Of Ia
a. : la =, h. ~rat knr-nr
in New York Further, ths mare lerual PsPsTs
sf ship and cargo prove nothing unless prep
srly verified; and in this ease, the ebsTsr Of ths
ship, slth0Rgh part 9wneE, aad whose duty it
was upoa takjag IN cargo IN tine Of war % be
iufsrTasd Of all the circumstances attending iE
ard connected viii the swEsrship, knew n5sA-
ipg except 9hgt he laaTEed fen lae facs Of the
paDers Thass certificates, therefore, wsie pre- /
nouucsd fraud, aud the cargo and shop cen
dsnned.
As ts ffst paint (CTzig & Eichors) ia PAilli- /
more g pp. 6le-l5. as to goods consigned 80 |
srder' As to Montgomery, see Phil iTn0re }, I
D Cos. 20 the eject shat Z a peT50n Be partner
In house or is frsde in a. e8euY's acoautry, hs
is, as 20 thn eencsrns SD trade Of that house,
deemed sB enemy, AID his share ls lisols % con
sses-i5n &c slch, notwithstanding his o7Vn resi-
dsRes 10 a neutral country. Farther, tls prop
erty eousig gnsd 20 hsR7g0mary Bsoshsrs, even
admitting The Belfast house not 10 bs q partner
in the New YORK house, Is liable tn he szzae OBJ
isction as IN the esas OF Craig & Nlghos. Since,
although the property is described IS belonging
20 party IN Sligo, there Is no bill OF ledlBg
among the papers snsitL Bg that party 10 demaud
psssessior-sse PhihimoTe 3 p 5S9; Further
Bre1f Is always necessary Whan the chsrEsr
cznaot prove . ownership of property as IN
this esse; sad IS cannss send my przs IL for
adjudication, l must ef necessity y-eondsmn IN 81
cases where "furthsr proof" is necessary
since toe granting of "iurther proof proceeds
sn the assumption thst the neatralisy Of ths
cargo is not suficisntiy established; and when
the neutrality Of tha property does not fully ap-
pesr from the shiP's papers sad the eharisrors
deposition, 1 have Tight 70 act on the PrssUUp-
tion Of ths ensIny'a property
sAPTeRs AeAISsT TEB sCEoOEER "CREN-
sHAw"-sH1P AID CARsO CosBEWEEB.
Tho vessel was captured uudsr the North
American Gag znd had on board Nsr.h Aslsri- /
c.n register; there ia, therefore, no question sg
90 ths ship. There has been an attempt to cover
the cargo, bat without success The shippers
are Ffsueis NsD3Hald & Co, ef tha State Of
New York, aud Mr. Jamss Hatehinsea, slso Of
Nav York who dspossB before the Bfitish con-
sui that The goods sPseifsd in the annexed /
bills Of lading were shipped on beard the schr.
CrsnEhzw for sad en- AccsaRt sf sRbjsets of her
British Msjssty; SAD that the said goods ars
wholly and b0Es fds the property Of British
subjects" Ne Rntish subisst is named ia he
dspssitie1s and, therefore, No FsEson Is sntiiled
to claim t. Thsrefors, svsn admitting ths gsods
to have been purchased en- British account, the
shisBeT has not divestsd Himsef Of the psssss-
sioa By = prcEeT eOzsignment Hndef q propaF
bill of lssfag.. TIE property Il eensiEnsa to ths
order Of tas shipper which leaves il entirely !
undsr ki5 control, and it having LEFT The port Of
New York Is his property the Hlls eaEnst be |
-. a vvkiie kha -srn-arfw IL 81 fraafelffs
As 20 ths 6rsl point, ts vii, ths tsiiare 70 point
cut soms PARTICULAR British owner OF The pFOp-
city sss 90 PaiilimsTe, 500, ts tss following ef-
feet "Ifiz ship's 9 psPsTs, property os voyage
frorn sR sDsmy's pert be described for aea- /
tral account, this IS such 9 Essersl msde IS !
points 70 40 dssignEsi0n whatever and under
sseh dascriBtisn no person can say what cargo,
balengs to bin or esn snsitle himself 20 the Pss-
session Of it 40 his property etc i
As 30 the second point, 20 Yil, the failure on
the part Of the ahippsr 80 diyest himself ef the
title sad eOatrol Of the property By proper bill
Of laaing, see 81 PhilimgTs, p p 6lO-l2 IS fol- |
lows: "Ia ordinary shipmenS Of goods uasf
fscted BY ths foregoing principles, tbs question
Of proprietary interest often turns On minute eif
earastsucss snd distHetisns, the FeBorsl PriRci-
sles being that if rbeg are going for account Of
she shipper, or subject 70 dis order or eOairol,
She prspsrty Is nos divssted u treHsita"
The following Is eOnplete Hss ef her cap
tgFes.
Ockmalgss, Cas.elairs, Starlight, Palmstso,
Ocsan Rover, Gsldsn Eagle, Alort, Give Jsns,
WsSthsreuaga, Washington, Alismaba, Bstha
Thazsr, Bsnis1is Tucker, J. A. Parker, CouT-
scr, PuBjsHb, Virginia, Morning Star, Elisha
Danbsr, King Fish, Brilliant, CHARLES H,ll,
Emily FarRan, Nora Wave Crest, Louisa
Hatch, Dang snqus, Lafayette, Manchester,
Kate Corey, TonaWsnda, Nys, Lsmplghtsr,
Darcas PIics, LaRyetse, Lslah, CFsnshaw,
Union jack, LsRTetts, s. Gidensleevs, Baron
Ds Css.iae, Shew, Lsvi StaTbuck, Justins, T.
B Wales, Amsz 1hisn, Martha, Fslismsn, Uai1n,
Oonfad, Ariei, ElAil stsamsf, A. +. Schmidt u
8 zuuboSt Ha.issss, Express, Golden Rais, Soa
Bride.
The Alsbarza has the usual suofa Of wits aud