The Sun.
London, England, 1853-10-17 00:00:00

TREATMENT OP EMIGRANTS AT SEA.

On Saturday, in the Whitechapel County Court,
actions were brought by several persons who had re-
turned home from Australia, in the James Alexander,
against the defendant, Ridley, who is captain of the ves-
sel, to recover 501. for breach of contract. In March
last the plaintiffs, and twenty-six others, shipped as
steerage passengers on board defendant's ship, from
Melbourne to London, for which they paid 251., the
ship's agents showing them a printed dietary scale of
another ship as that according to which they would be
found •n board the James Alexander. After they left
Port Philip the ship became crank or top-heavy from
bad stowage and the lightness of her cargo, wool, and
could not float with the sails set. In this difficulty the
defendant started the water on deck to lighten her
at top. The passengers were now reduced to great
straits for water, and were dependent upon rain
for their drink. They found the bread and flour
totally unfit for food, being sour and fuil of maggots.
The latter fact they discovered before leaving Port
Philip, and informed defendant of it. They had nei-
ther bread, butter, mustard, suet, raisins, pepper, or
vinegar, articles so essential to health at sea, and
which they were entitled to. Six were put in a berth
where there was barely room for two, and the berths
partly under water. The ship, after a very long time.
put in at Bahia to re-victual. Here, however, it ap-
peared nothing but riot and dissipation took place, and
whilst the crew were on shore a proposition was made
to appropriate some 80,000 ounces of gold dust consigned
to this country. After they left Bahiatheir sufferings be-
came yet more frightful, and they found that the captain
had not provided the articles they so much needed. For
days they were beating about the Western Ocean with a
flag of distress out. This got them a little meal from the
ship Wave, which was spared from the pigs' food, and
which the passengers had to use as flour ; without any
thing on board to make it eatable. A female and her chil-
dren implored one of the crew for a share of his rations,
saying they were. starving. Gold, which was plentiful,
would have been bartered on the voyage for its weight
in wholesome water or bread. As soon as the crew
reached England they took steps against the captain,
and the passengers were advised to enter actions against
the owners as well as the captain.
Mr. Ellis, for defendant, contended that captains were
no more liable for actions of this nature than were cooks
or carpenters; that captains were the mere servants of
the owners. He could not deny that the ship was defi.
cient, but it was from circumstances which the defendant
or owner could not foresee.

Mr. Pelham urged that captains were as liable for
passengers as they were for goods.
The Judge said he was of opinion that the defendant
was liable, and that he had broken his contract and
could not be excused. The voyage appeared to have
been of great length, and defendant should have pro-
vided for contingencies. He then gave judgment for
the plaintiffs with full costs—damages 101. in each
action.

OPENING OP THE PAR.ANA AND URUGUAY.

The free navigation of these important rivers, until
lately closed to European vessels, is now secured by
three treaties with three of the greatest maritime
states in the world. The treaties are of the same
tenor, those of England and France bearing date San
Jose de Flores, July 10, and being signed by Don
Salvador M. de Carril and Don Benjamin Gorrostiaga,
on the part of llrquiza, and M. de St. Georges on that
H.M. the Emperor of the French ; and by Sir Chas.
Hotham on the part of her Britannic Majesty.
That with the United States bears date San Jose
(province of Entre Rios), July 27, and is signed on the
part of the United States by Messrs. Robert E. Schenck
and John S. Pendleton.
The following are the leading stipulations of the corn•
pacts :

The Argentine Confederation, in the exercise of its
sovereign rights, permits the free navigation of the rivers
Parana and Uruguay throughout all those portions of
their course which are under its control to the merchant
v.assels of all nations, subject only to the conditions of
this treaty, and to those which the national authority of
the Confederation may hereafter establish.
Accordingly the said vessels will be allowed to carry,
embark, and discharge in all the ports of the Confedera-
tion, designated for that use.
The Governor of the Argentine Confederation, de-
siring to give all possible facilities to interior navigation
undertakes the erection of needful lighthouses, and the
establishment of the marks required to designate the
water channel.

The competent authorities of the Confederation shall
establish a uniform system of customs duties, ports,
light-house, police, and pilot dues, for those portions of
the two rivers to which this act refers.
The high contracting parties, recognising that the isle
of Martin Garcia is capable by its position of embarrass-
ing and impeding the free navigation of the confluents of
the River Plate, agree to employ their influence so that
possession of the island shall not be held or possessed by
any state of the Plate River, or of its confluents, which
shall not have admitted the principle of free navigation.
Should war break out between any two or more of
the States of the Plate, or its confluents, the navigation
of those two rivers shall nevertheless remain free to the
flags of all nations.

It is expressly reserved to the Emperor of Brazil and
the Governors of Bolivia, Paraguay, and the Oriental
State of Uruguay, to accede to this treaty and apply it
to those portions of the Parana, Uruguay, and Para-
guay over which they exercise rights.
As the principal objects, for the sake of which the
rivers Parana and Uruguay are delivered to the naviga-
tion of the world, is the increase of commercial relations
with the riverine states, and the increase also of emigra-
tion, it is agreed. that no favour shall be granted to any
other nation higher and greater than those granted to
the government of
The province of Buenos Ayres had protested before
the Emperor of Brazil against the conclusion of this
treaty Iv ithout its consent, alleging that some cf its
clauses were a direct infringement of its sovereign
rights.