and more especially a charge d’affaires, is supposed to be acquainted with, declaring them to be insufficient?  The conclusion from these two facts—­viz., that there was no oath taken, and that there was no owner named—­seemed to be that the Consul gave a sort of matter-of-course certificate, upon the application of some one who declared the property to be neutral, perhaps with a knowledge to the fact, or contrary to the fact, neither party taking any oath.  Now, the presumption of law being, that goods found in an enemy’s ship belong to the enemy, unless a distinct neutral character be given to them, by pointing out the real owner, by proper documentary proof, as neither the bill of lading nor the certificate, which is a mere statement of a fact, like the bill of lading, not under oath, nor the Master’s testimony, who knows nothing (see his deposition) except as he has been told by the shipper, amounts to proper documentary proof, the ship and cargo are both condemned.  It must be admitted that this is a case in which, perhaps, a prize court would grant “further proof;” but as I cannot do this, and as a distinct neutral character is not impressed upon the property by former evidence, I must act under the presumption of law.  Sect. 3rd, Phillimore, 596.  The charter-party in this case describes the charterers, J. Sescau and Co., of Antwerp, as agents of the supreme Peruvian Government.  But if so, why was it not certificated by the government, as was done in the case of the Washington, captured and released on bond by this ship?  And then the master swears that the shippers told him that the cargo belonged to them; and if the Peruvian Government must resort to a French official for a certificate, why not, then, on oath made before him? and why did he not state the fact that it so belonged, which would have protected it?

* * * * *

The Alabama was now again heading for the Cape, the Anna Schmidt having yielded a supply of bread sufficient, with strict economy, to last out the passage.  There she arrived on the 29th July, anchoring in Saldanha Bay, at about 1.45 P.M.

Thursday, July 30th.—­Last night the sky and atmosphere were singularly brilliant.  Landed this morning at eight, to get sight for my chronometers, this being the first time that I ever set foot on the Continent of Africa.  Saldanha is a gloomy, desert-looking place, the shore comprised of sand and rock, without trees, but with green patches here and there.  There are three or four farm-houses in sight, scattered over the hills.  The farmers here are mostly graziers.  The cattle are fine and good; a great number of goats graze on the hills, and sheep-raising is extensive, the mutton being particularly fine.  Small deer are abundant.  We had a venison steak for breakfast.  The little islands in the bay abound in rabbits, and there is good pheasant-shooting in the valleys.  Already a party of officers has gone out to stretch their limbs, and enjoy the luxury of shooting.