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.