was reported to the westward, standing in our direction; shaped a course
to head her off, and at 11 A.M., having approached her within half a
mile, hoisted the English blue. The stranger showing United States
colours, we hoisted our own, and hove him to with a gun. Brought the
master on board with his papers, and finding the cargo condemnable, got
the crew on board, fired the ship, and filled away.

The prize proved to be the barque Lauretta, of Boston, from New York,
for Madeira and the Mediterranean. Received papers as late as the 24th.
The intelligence of our captures (as late as the Brilliant) seems to
have created great alarm for the safety of commerce in New York.

CASE OF THE LAURETTA.

This ship being under American colours, with an American (U.S.)
register, no question arises as to the ship. There are two shippers of
the cargo, Messrs. Chamberlain, Phelps, and Co., and Mr. H.J. Burden,
both houses of New York city. Chamberlain, Phelps, and Co. ship 1424
barrels of flour, and a lot of pipe staves, to be delivered at Gibraltar
or Messina, to their own order; and 225 kegs of nails to be delivered at
Messina, to Mariano Castarelli. The bill of lading for the flour and
staves has the following indorsement, sworn to before a notary: "State,
city and county of New York: Louis Contenein being duly sworn, says,
that he is a clerk with Chamberlain, Phelps, and Co., and that part of
the maize in the within bill of lading, is the property of subjects of
the King of Italy." This certificate is of no force or effect for its
generality; it points to no one as the owner of the merchandise, and no
person could claim it under the certificate. See 3rd Phillimore, 596.
Farther: the property is consigned to the _order_ of the shipper. The
title, therefore, remains in him, and cannot be divested _in transitu_.
See 3rd Phillimore, 610-12. The contingent destination of this property,
too, shows that it was property for a market. It was to be delivered
either at Gibraltar or Messina, as the shipper might determine--probably
on advices by steamer, before the ship should reach her destination. She
was to stop, as we have seen, at Madeira, which would give ample time
for the decision.

The bill of lading for the 225 kegs of nails has a similar indorsement,
except that it is asserted that the whole of the property belongs to
subjects of the King of Italy. It is not sworn that the property belongs
to Castarelli, the consignee, and for