The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-12-23


in the United States And the question then presents it.
SELF which prefeabefor the vessel and the lives OF
those board to remain under the charge OF sot or
maniac, or Tor the mate to attempt to assume the COM
mand al the hazard OF mutny and boodshed or for the
consul OF the United States, residing in the foreign port
by peaceful exercise OF legal power TO remove the
man who has become disqualified for his position through
misfortune or through crimei ~
| Unworthy men creep into every branch Of business,
and i not strange that the merchant marine should
possess lie share OF them is well known that large
proportion OF the masters of vessels gentlemen who
adorn their professions and they have no more dread OF
consular power than honest and yruoas citizens have Of
the criminal laws OF the land But there are others in
the service strangers to the dictates OF humanity, beasy
IN propensity, and basey yrannical in practice The
latter class claim the privilege Of At pleasure knocking
when at sea, and Of peremptoriiy ordering American
consus to discharge their crews to cast them into
iosgn and sansoIs dungeons when 10 port Iney
their passengers when out upon the ocean, and who dare
to assal American officer who presumes TO investigate
word, these are The men who would iain make the
sular power mess when it is invoked to sustain their
own barbarous and arbitrary acts but would reduce il 70
shadow when exercised to deprive these petty swag-
geriDg despots Of their power to Cypress.
il being thus as IS believed established that consuls
possess the legal power Of removing masters OF vessels
it remains only to inquire if there has been an abuse OF
this authority on the part Of Mr. Parks; and the case
first mentioned by the memorialiss is that OF
| The "Paeife"
In March last, the ship Pacific Ill J. Tibbits, mastery
board a large number Of passengers-among them Mr..
and Mrs. Grng, the former half owner OF the vessel
Sxtyfour passengers preferred charges against the
States, winding up with a demand for his removal
That the half owner OF the ship might be heard, Mr..
Parks requested him, and his wife also, to appear and
testify, will appear by the following extract from one
OF the dispositions in the case:
a. Henry W. jones' of city OF New York. depose and
say that am passenger on board the ship Pacific, bound
to California, now in the habor OF Rio de Janero that
IL.
brothers Of MRS Gritng tue wife OF Mr. Griing one.haf
Grlng not being al honey written request The
sui OF the United States, requesting them both to appear
made by he passengers Of said ship Pacific against Capt
ii. J, Tibbts, master thereof.
Mr. and Mrs. Grifhng not complying with the above
request the consul obliged to ascertain by secondary
evidence the views and wishes OF the half owner.
Washington A. Bartlett, lieutenant United States navy.
United States i,s revenue schooner S Ewing
testified before the consul as follows:
That Inc said Grting, in the presence oil large num-
Der q dssasd that he qua i nS and would not
duct Of said Tbbs had been most brutal and altogether
s sas IL
his conduct but in vain That he, the said Gng. would
the ship il il could be aud thai he prepared
20 before the United States consul In Rio de Janeiro and
~ Ss % ss sS
could. The said GnWng nriher declared that he would
from the Command q the ship Pscic that he knew the
passengers had been treated like ho aud shameiuly in
suited without cause and that their obesance under the
circumstances had been mos, extraordinary"
already been gwen ssdnsd Iaftnsr and as ioIows
the vessel Sp md this was accompanied BY oath. 100 vo
lent and vulgar be repeated. further that do
a ao t@o@ 2, w noSy heard S@ ode
spikes to &c driven ia the deck for the purpose a. sup
/ state thai am a medical man, and believe
Captain Tibs have been habituaIy under the indu
an insane man I'll, conduct has been such times
fear o1 the safety Of the ship aud the lives OF
Janeiro San Francisco"
Dr. j. d. B. Stilman likewise passenger, also testi-
he'd in this case; and after mentioning the grievances
under which the passengers long patiently suffered, pro-
ceeded to say:
AT length meeting called, and respectful
STRANGE drawn mp and presented. was below when
IL was presented, and hearing connson ran upon deck
and heard the following q,om Captain 4 . ,Yoa may go
Of my own ship. do want any man my
duty III put the ship under double reeled tepsals There
aud beans and bean. and junk and be damned you Here
aens % ha not %
membe that during the whole voyage, except on one occs
!. am iorced 70 think him at times in a state OF
mental arrangement or insanity to such degree As TO
have been for the last three years practitioner of med
sides side = ''' wv
testified in part as follows;
al believe Captain Tbbls to be incorporate and when
intemperate, 10 be insane"
j. Ross Browne, lieutenant in the revenue service of
the United States, and author OF Brownies Whaling
Cruise and History OF the Whale Fishery" was pas
senger aboard the Pacific; and he testified respecting
Captain Tibbits follows:
"Tha from the unprovoked ouiragcs he has committed
upon ia, and from the weakness and folly Of his general
cond1ct, Il Is evident he is not all tunes IN proper
state OF mind 70 navigate vessel or 10 have control over
30 large number OF passengers When n
written Of the respectful character
presented TO Captain Tbbi. he told the gentleman who
presented u that he was damned gfumberj that we
might all hell that he wanted Of damned
papers; that he would set fire 10 the powder mag.
azne II gave him any trouble, scd any difficulty,
and blow as all to hell ogether that he would feed a.
on pork and beans, and keep nine months and
that he would put the ship under doubeeefed opsas and
let her CO."
The limits Of newspaper article forbid the iniroduc.
ton OF further extracts from the volumnous testimony
taken in this case The dispositions here given from the
respectable than the Others but because two of them be-
being physicians better enabled TO pronounce
opinion in case OF suspected insanity alteration Of
mind occasoned by liquor; because the third is brother
inaw OF the half owner; and because the fourth is
gentleman whose profession s the sea- and whose repu
iaon an author has caused his name TO be generally
familiar TO the people Of the United States.
Although, under the evidence before him, Mr. Parks
entertained doubt the proper 10 pursue,
he nevertheless submitted the papers in the 10 Mr.
Tod for his advice, and from him he received the follow
ing decided opinion;
| LEGATION UNITED STATES,
| "Rio de Jsneiro, March 20, 1919.
"SIR; have examined the affdavits you left with me
touching the application Of the passengers OF the ship Pa
cfc bound for California, for the removal Of the captain,
The conduct Of the captain has been nsolent and
brutal and the case calls loudly for relief at 8