Page 2 APPEAL from a decree of the District Court of the United States for the Southern District of New York, respecting the British bark Springbok and her cargo, which had been captured at sea by the United States gunboat Sonoma during the late rebellion, and libelled in the said court for prize.
The vessel was owned by May & Co., British subjects, and was commanded by James May, son of one of the owners.
She had been chartered 12th November, 1862, by authority of May, the captain, to T. S. Begbie, of London, to take a full cargo of
'Lawful merchandise, and therewith proceed to Nassau, or so near thereunto as she may safely get, and deliver same, on being paid freight as follows, &c.: The freight to be paid one-half in advance on clearance from custom-house, subject to insurance, and the remainder in cash on delivery. Bills of lading are to be signed by master at current rate of freight, if required, without prejudice to this charter-party. It being agreed that master or owners have absolute lien on cargo for all freight, dead freight, demurrage, or other charges. The ship is to be consigned to the charter's agent at port of unloading, free of commission. Thirty running days are allowed the freighter for loading at port of loading and discharging at Nassau.'
This document had an indorsement on it by Speyer & Haywood, persons hereinafter described.
The letter of instructions to the master was thus:
'LONDON, Dedember 8, 1862.
'CAPTAIN JAMES MAY.
Dear Sir,-Your vessel being now loaded, you will proceed at once to the port of Nassau, N. P., and on arrival report yourself to Mr. B. W. Hart there, who will give you orders as to the delivery of your cargo and any further information you may require.
'We are, dear sir, &c.,
'SPEYER & HAYWOOD,
'For the Charters.'
The letter to the agent of the consignee, directed 'B. W. Hart, Nassau,' and from these same persons, Speyer & Heywood, was thus:
Under instructions from Messrs. Isaac, Campbell & Co., of Jermyn Street, we inclose you bills of lading for goods shipped per Springbok, consigned to you.'
The London custom-house certificate was 'from London to Nassau; the certificate of clearance declared the 'destination of voyage, Nassau, N. P.; and the manifest was of a cargo from 'London to Nassau.'
The log-book was headed, 'Log-book of the bark Springbok, on a voyage from London to Nassau.'
The shipping articles, November, 1862, were of a British crew, on a voyage from London to Nassau, N. P.; thence, if required, to any other port of the West India Islands, American ports, British North America, east coast of South America and back to the final port discharge in the United Kingdom or continent of Europe, between the Elbe and Brest, and finally to a port in the United Kingdom; voyage probably under twelve months.'The cargo, valued at 66,000, was covered by three bills of lading (of which two were duplicated, the duplicates marked Captain's copies), as follows:
Bill of lading market No. 2, showed '666 packages merchandise,' shipped by Moses Brothers, to be delivered, &c., at port of Nassau, N. P., unto order _ or to _ assigns, he or they paying freight, as per charter-party. It was indorsed by Moses Brothers in blank. This bill of lading on its face showed 150 chests and 150 half-chests tea, 220 bags coffee, 4 cases ginger, 19 bags pimento, 10 bags cloves, and 60 bags pepper-in all, 613 packages. The remaining 53 were entered as cases, kegs, and casks. These 53 packages were found, when the cargo was more closely examined, to contain medicines and saltpetre; matters at that time much needed in the Southern States, then under blockade.
Bill of lading No. 3, showed one bale and one case shipped by Speyer & Haywood, to be delivered at Nassau, unto order _ or to _ assigns, &c., paying freight as per charter-party.
Bill of lading No. 4, showed 1339 packages shipped by Speyer & Haywood to Nassau, as above. These 1339 packages were also described as cases, bales, boxes, and a trunk. This was also indorsed in blank.
The manifest gave no more specific description of the character of the cargo. It was signed Speyer & Haywood, brokers, and showed that the whole cargo was consigned to 'order.'