Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-05-07


ON, he had promised the the office; a hieher power
however, thought IL iuadmssible on ace cunt of the
number of senior Lieutcnants applying for service
on board that ship Unable to fulfil his ensa cement
with me, and doubt feeling delicacv about re-
tanning me on board in n subordinate capacity, I |
obtained, after having applied for il, permission to
employ myself in the Merchant service, for an inte-
finite period. ana received a verbal promise al the |
iime, that 1t went To the Pacific Ocean, should
there receive his friendly advice and pro,ection-l
san Juan Fernandez named as a place, where |
might meet him, and receive the advantages of his
convoy to the coast, with other ships from NJ York
The ship Caution, the brig Post-Cnptain we're offer
ed tn same rendezvous, ad believe one or both
avaied themselves of it, hoUgd The .4n,eyitc nerer
did, Wish this permission from regular and legal
authority, NY commanding officer, in company with
William Porter of New York, submitted TO Elisha
Fibbcts plan of voyage tn South America, and
laid my PROPOSE, OF taking charge Of ship and car
go on voyage To Peru, she To be laden with flour
and provisions, no contrc band of wary TO take on
myself NE management Of ship and cargo, for one
fourth OF the profits of the voyage. Ii my pil did
not succeed,--if the voyage was unproftable,-my
time and lahour would have been lost, for in that
event was TO receive nothing 1t is true, used
as argument, the Franklin about to sail to
the Pacific for the protection of American commerce.
Commodore Stewards friendly disposition towards
me; as well as my own rank aud standing in the
Navy. These inducements il will he seen opera rated
sufficiently powerful upon the defendants in the
case, to offer for my services "ono-ifih of the
profits of The voyage out" and to place on board
Captain OF their own selection, with like remunc-
ration 10 that enjoyed by myself. After some re-
sstance. finally closed with this proposal, and our
| initials simply were put TO agreement devoid of
all the objectionable parts with regard to the naval
stores that now appear i'll the contract. OF this I'M
srumen, there was no copy twas left in the hands
of Elisha Tibbets and now challenge its re pro-
ducton. ln all this there is nothing extraordnary-
for which there exist FIVE hundred precedcnts, from
the Oldest Captains in the Navy, down to the rank
OF hiidshipmen, which is permitted and approved of
by the government; and we see by the project of a
bill now before Congress, that the Secretary of the
| Navy recommends stronger inducement i'm the
shape of additional pay, to that which officers now
receive when in tie Merchant service. The bill pro-
| viies:
/ sand be it further enacted, That an officer who
shall bc furloushed, who shall have been excused
from service at his own request, hen receiving re-
duced pay, for any other than inability to
perform the service, from sickness, shall receive an
annual pay, which shall be called furlouch paw as is
established in the annexed table marked H.: Proy-
des he shall NOT have declined perform active SER
| vice when ordered from his furough paw nor have
exceeded the limits of his furlough kept from una
yoitable necessity; in which he Shall no lon
ger receive any pay and be further punished at the
discretion of a court martial.
And be it further enacted, That the President Of
the United States may, in time of pe6te, permit
Captains, Masters Commands ant, Leutenants, Sub
Lieutenants, Masters, Second Masters and MIDI
shipmen, to engage in the Merchants or any other
sea service, and that 10 such of those officers who
are thus employed, Captains and Masters Comman-
dant excepted, reduced pay may be allowed for the
time they are actually at sea, induccuent for
them 10 avail themselves of such opportunities for
improving themselves in ssamanship."
i The usage and practice OF our service, which be-
comes law To U.S. admits Navy officers freely in fieI
~ peace to engage in the Merchant service, and n
legal compensation Chat is their half pay) is stu
continued the positive assertion of Chancellor San
lord TO Tie contrary Notwithstanding.
| he contract IN tile shape it now appears, was
artfuy kept back, until the night before the sailing
OF the ship when the whole Of the parties were sum-
5 moned 10 the house of Elisha Tibbetts confess
was green in the tricks of trade; believed was
transactng business with honorable men knew
Elisha Ilbbcts was President OF an Insurance Com
pany Stephen Whitney Nigh; reckon his hundred
OF thousands, and had heard of honorable acts of
Goold Hoyt. To Henry l.. Dekoven, whose profits
will be of course augmented one-ffth of what may
be deprived of was entire stranger, except that
he had taken an early opportunity of making me ac-
quainted with his near relationship 10 Nathan San
ford, tie present Chancellor. There, the night on
y before we sailed without time allowed for rehec-
ton, amid the hurry and press of business incident
al to such moment, AMID invoices, letters of in
struction, &c; surrounded by whose del crate
purpose Is now exposed, the contract i'll present
shape was produced. Immediately, and for time,
strcnuouSly opposed the Objectionable language
but from the four quarters OF the table, it was eager
ly repeated, J,otig hire rs stated 1rhich ca7, m
jt,re Commodore SteWGrf; you knotc he has already
expressed 10 as, he tcould do ercry Mne consistent
tc'h has dug; he has made these promises arI,at
you subscribe does not bind StecJrt." Believing them
TO be honest and honorable men, wishing TO give nv
employers every satisfaction, and never surprising
for a moment the phraseoogy would be laid hold Of
" to excuse the non-payment of the contract, yield
ed and affixed my name but OF inte gritty hon
orabe minds, will believe my deClrra tion that soon
er than subscribe One word that would injurc Com
: inodo.e Stewart, CT fix stain my own fair re-
p pntatIon, would undergo what the mistaken Ro-
man S.avoa did. Most freely do Icxonerate Com
uodorc Stewart from the base insinuation, that he
was to reap any profit from my private and person.
g al services i'll the Merchant service. .
Withfcgarl to the legality 81 this contract have
still to insist, that the only law made applica BILE to
the case by Chancellor Sanford the 22d article for
the better government ofthe Navy, cannot he made
III the most distorted view apply. The law pro-
vdes, :" The officers and privatcs of every ship or
vessel appointed convoy Merchant or other YES
sells. shall diligently md faithfully discharge the du-
ties of their appointment, shall they demand or
exact any compensation for their services, nor NAL
treat any of the officers of such merchant or other
vessels OH making such reparaiion, as Court Of
Admiralty may award, and OF suffering such further
= punishment as court martial shall udiudee." I
am no Lawyer, fellow-ctizcns, but Il man of plain
understanding, more accustomed TO handle the cut
lass than the pen cannot discover IN this law the
rcmotest application 10 MY case. 1t appears clear
from the very plain language of tire law, before the
penalty can be incurred, appointment If Co1,roy
must first be made, Ike convoy then be aiven,
! and then the compensation must be received. The
question results, 10y whom is this convoy TO &c APP
pointed? BY the Secretary Of tho Navy. the organ
OF the President of the Unit1d States, or by com
manders of Sqnadrons abroad only Htcas mol so ap-
I'M 4 49,,