aught that appears, Castarelli is
the agent of the shipper to receive this consignment on his, the
shipper's account. The presumption being, that notwithstanding a
consignment in due form by an enemy shipper to a neutral, the property
is enemy's property, until the contrary be shown. The consignment alone
does not show the property to be vested in Castarelli, and the
certificate does not indicate him as the owner. Although Castarelli
could demand possession of the goods, under this consignment, he could
not claim to hold them as his property under the certificate. There is,
therefore, no evidence to show that he is not the mere agent of the
shipper. What renders this consideration still more clear is, that if
the goods had really belonged to Castarelli, it would have been so
stated in the certificate. Why say that the goods belonged to "subjects
of the King of Italy," when the consignee was the real owner?

The property shipped by H. Jas. Burden consists of 998 barrels of flour
and 290 boxes of herrings, and is consigned to Charles B. Blandly, Esq.,
at Funchal, Madeira. The shipper, H.J. Burden, makes the following
affidavit before the British consul in New York, to wit: "That all and
singular the goods specified in the annexed bill of lading, were shipped
by _H.J. Burden_, in the barque Lauretta, for and on account of _H.J.
Burden_, subject of Her Britannic Majesty." Now, Burden may be a very
good subject of Her Britannic Majesty, but he describes himself as of 42
Beaver Street, New York, and seems to lose sight of the fact, that his
domicile, for the purposes of trade, in the enemy's country, makes him
an enemy, _quoad_ all his transactions in that country. Further: if the
H.J. Burden, the shipper, is not one and the same person with the H.J.
Burden for whom the property is claimed, then there is nothing in the
papers to show that property is vested in the latter, since it is not
consigned to him, nor is it shown that the consignee, Charles B.
Blandly, Esq., is his agent. The presumption, in the absence of proof,
is, that the consignee is the agent of the shipper.

* * * * *

_Wednesday, October 29th._--* * * * At 10 A.M. hove to; let down the
propeller, and put the ship under steam. Chased and overhauled a Dutch
barque, and towards nightfall came up with the United States brigantine,
Baron de Custine, from Bangor, with lumber for Cardenas. The vessel
being old, and of little value, I