1781.
nifest, Passport and Certificate, announced the criminality of the commerce, and exposed both ship and cargo to capture and confiscation?
Prudence required, and very probably it was enjoined by the Government, that before a ship should be suffered to clear out, and proceed on her voyage, proofs should be made and taken with her, not only that the shippers of the cargo were capitulants, but also, that the owners of the cargo were capitulants. It appears in this case, that above three fourths of this cargo, were shipped by agents, and attornies and factors. The Governor certifies the shippers to be capitulants. The chief Justice certifies the owners to be capitulants, and where his certificates are deficient, the depositions prove it. All this may be done, in conformity to the law, usage and practice of the Island.
But another contradiction is objected: It is said, “the Bills of Lading contradict the other Papers, which import the property of the ship to be in Brantlight & Son; for the Bills consign the cargo to Brantlight & Son; and therefore it is contended, the property of the ship could not be in Brantlight & Son; because it is observed to direct a man to pay freight to himself.” The Bills of Lading are not chargeable with any such absurdity. The freight is not directed to be paid to Brantlight & Son; the freight is to be paid to the captain; he is responsible for the wages of his crew, and other debts, contracted on account of the ship. Freight is answerable for all such claims, and the captain is entitled to receive it, to indemnify himself: He may, therefore, refuse to deliver the cargo, till the freight is paid. And by this means, in case of the bankruptcy of his owners, he is sure of an indemnification, to the extent of the freight.
But still another contradiction is objected: It is said, “that both the Bills of Lading, and the oath of Morson, on the back of the Manifest, contradict the assertion of the other papers, that the ship is the property of Brantlight & Son: for, they prove the consignment of ship to Brantlight & Son; and therefore, it is contended, the property could not be in them, because it is absurd to consign a ship to the owners.” We do not see any such absurdity. Consignment is a mercantile phrase, adopted to distinguish the person, to whose care a ship is addressed, and, when applied to the owners, it is merely in conformity to forms. It is the common usage and practice of merchants to apply the phrase, indiscriminately, to owners, and others.
“But, it is said, the papers found on board the Resolution, do not sufficiently prove the ship to be the property of Brantlight & Son, when she arrived at St. Eustatius, from Amsterdam, early in 1780.” It is proved, by the oath of Moreson, and captain Waterburgh, endorsed on the back of the Manifest, that this pro-