As to the Montgomery's, see 3rd Phillimore 605, to the effect that if a person be a partner in a house of trade in an enemy's country, he is, as to the concerns and trade of that house, deemed an enemy, and his share is liable to confiscation as such, notwithstanding his own residence is in a neutral country. Further, the property consigned to Montgomery Bros., even admitting the Belfast house not to be a partner in the New York house, is liable to the same objection, as in the case of Craig and Nicoll; since, although the property is described as belonging to a party in Sligo, there is no bill of lading among the papers authorizing that party to demand the possession. The property is not divested, therefore, _in transitu_.
3rd Phillimore, 599, to the effect, that "further proof" is always necessary when the master cannot swear to the ownership of the property (as in this case). And as I cannot send my prizes in for adjudication, I must of necessity condemn in all cases where "further proof" is necessary, since the granting of "further proof" proceeds on the presumption that the neutrality of the cargo is not sufficiently established; and where the neutrality of the property does not fully appear from the ship's papers and the master's deposition, I had the right to act upon the presumption of enemy's property.
By midnight the Lafayette showed only a dim glare on the distant horizon, but the event formed a topic of discussion for the next two days, more especially as from the newspapers found on board it was ascertained that news of the captures on the banks of Newfoundland had already made its way to the United States, and that the Yankee cruisers were, therefore, probably by that time in full pursuit.
The 26th October, however, provided the crew of the Alabama with a fresh excitement. The weather had cleared beautifully, the wind was light from the eastward, and the vessel was gliding smoothly and swiftly, with studding-sails set alow and aloft, over the long, easy swell, which alone remained to tell of the heavy gales of the past fortnight. Every one was enjoying the change, and even the strict discipline of the man-of-war was, for the moment, in some measure relaxed, as officers and men gave themselves up to the full pleasure of a period of sunshine and tranquillity, after the long spell of gloom and storm. The look-out-man alone, high up on the fore topgallant crosstrees, still swept the horizon as eagerly as ever in search of a prize. At about noon his vigilance was rewarded by the sight of a sail on the port-quarter, and in a moment all was again bustle and excitement on board. Quick as the word could be given, the "flying kites" were furled, yards braced in, and the ship hauled up on a taut bowline in chase.