And now began another investigation into the character of the cargo, and
notes were once more carefully compared, lest any _bona 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 _bona
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_.
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