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

It's performance theirs precise Instruction any
other Justification than is afforded by and
dents, and by the circumstances of the case itself
| "fhe facts viii II have induced me 10 remove ship
on the part the master fulfil his duty towards his Eel
owbengs on board, owafds the owners Of the vessel
9" have cases total disqualification for such
sponsibe duties from habua drunkenness, from mental
and bodily ament and from an entire absence of self
control.
Especial authority, but because the law which uphods
the command Of the master presumes thar he is perfectly
qualified g On the contrary The master be unfit by
yerts that law which conclude is destined for the pro.
not Tor the special purpose Of nphodng the masters
lhoriiy. -aa ss.s. Is I. ~
muster against the bad conduct Of his also have
always concluded. Is consul equally obliged remedy
positive evils proceeding from tho masters unAness Or
II may Be- allowed to add thar acting according to the
ssSye and sss y ~ mindful 2 q am
urgent need Of consular Interference have ncufret
IN any instance Of removing ashpmaster
believe me- my dear 'r soaEs 'sGsrsly rru
When it considered that the powers given to consus
by statutes similar to those conferred by the
written law OF England that British courts, less than
own. have decided that consuls possess judicial
authority q Kent az and when is further remembered
that England is the source of all law, and
that the origin OF this law traceable alone to precedent
the foregoing note Of Consul Heskeh has import
ant bearing upon the legal point in this case, especially
when taken in connexion with the ninth section OF our
consular act OF 1892 and the seventeenth article OF the
consular instructions.
Since 1879, Mr. Heskeh has been occasionally called
upon to remove merchant captains His only authority
do so has been precedent and his only justification the
circumstances attending each case Her commerce s too
dear to Great Britain, the commercial influence in Eng
land is too potent to admit for moment OF the SUPPOSE
ton that any would be continued in Office for thirty
seven years who in the habit of violating her laws,
or whose measures had tendency to dry up the great
fountain Of her prosperity
The custom Of England upon this subject might be con
sdered conclusiye but has been thought proper ad
step further, and furnish evidence from the
second commercial power Of Europe Theodore dunay,
ESQ., chancellor OF the French legation and who has been
consul OF France in Rio de Janero for twenty odd
years. adds his testimony at the conclusion OF the fore
going note of Mr. Hesketh, in the following language
entirely concur in The opinion expressed by Robert
Heskeih esq British consul in Rio de Janeiro his letter
TO Mr. Parks touching the proprety of consnls exercising
the power Of dismissng captains, and The
Of the law or usage winch se0sai Tn ' TaSSsY
Consul and Chancellor Of the Fronch Legation
"RIo DE JASEIRo, October 20. 1919"
In the absence OF law library is not easy to do en-
tire justice TO the legal question involved in this case Ii
is thought, however, that this branch OF the subject
might be safely left without catering farther into its
merits but having found reported in Hunts Merchants
Magazine opinion OF one OF our courts, which recog-
Misses the power OF consus to inquire into the conduct of
and to dismiss masters OF merchant vessels, it Is here
introduced
SIN the case OF Copeland Us. New England Marine In.
surance Company, which tried in the supreme judi
vessel insured Che brig Adams, Captain Gillespie, Of VIII
mngion, North Caroina) reached Jamaica, the captain
singular manner. He was a man Of good reputation
for skin and sobriey, but rut his condact
sician and his mate, and was almost constantly In
,osica,ed. He took chsss o. the vessel, howeye,' on
the Isle of Pines The defendants coniended that the
on the part Of the nasisi Judge Wilde Instructed tue jury
that if master Of vessel becomes incompetent TO the
10 he
iHtO By the dnedn eons the or agent OF the
vessel and = The nsse sa anae. command na 2. Gsb
have been lot from such ncompeien the underwriters
aS ib h wi ; 81 h ca,sn,s ncnn
Merchants Magasine for 1889, OIL.
Is il necessary ask for what purpose the competency
OF the captain should have been inquired into by the
United States consul at Jamaica, stated by Judge
Wilde Surely il could have had but one object
the removal Of the captain, by the consul should he
have been found incompetent But the court in Boston
went further and substantially said that, II captain,
who has become incompetent from any cause, is suffered
to leave foreign port in command oil vessel, the
derwrtes thereby discharged from liability in case oil
loss.
That merchant captains are occasionally dismissed by
American consuls does not admit OF doubt and that the
legality OF the act has not been established BY direct u
dca decision is only 10 be accounted for upon the sup
position that the removals have always been satisfactory
to the parties at interest that the power exercised has
been considered too plainly pertaining to the consular
In the spring Of Isis, the American whaling barque
Herald" of Stonington Samuel Barker MASTER entered
the port OF Rios Janero IRON cruise. Here the
sci was put in state Of complete repair, at cost OF
seven thousand dollars for which the master drew upon
the owners Aftershe was thus reted, Barker entered
into contract with slave importer OF Rio to perform
three slave voyages the coast OF Africa the consgnee
of the vessel acting agent in the negotiation OF the
charter On the I'd OF 0ciober lS40, the vessel
tered Rio harbor, under Brazilian coors and with the
new name OF "Josquina Gumaraes." Since the spring
of lsIs she has been regular slave vessel and is now
claimed Brazilian property, under an alleged sale by
the very honest MASTER Barker, who has account
ed with the owners for cent demand Tor her sum.
mary surrender has been made upon the imperial gov.
which is now under the consideration OF the Brazil
ian authorities But suppose that Mr.. Parks had be-
come familiar with the fraudulent intent OF Barker,
when he was repairing the Herald in the spring Of 1s4s,
osensiby for a whaling cruise, but IN reality for a
slave ship what should he have pursued Should
he have invoked the interference Of the consigned No
for he himself party 10 the fraud. Would II not,
them have become his imperative duty TO dismiss the
master from his command, and al protect the owners
and underwriters, and rescue the American flag from the
Even the respected Walter Jones, president of the
Atlantic Mutual Insurance Company, whose name is at
tached 10 the New York memorial, but who now de.
mands consular assistance for the recovery Of the stolen
vessel would have considered the act neither illegal
summary" nor arbitrary But could he point 10 the
this single case illustrates the absurdy Of the position
that officers appointed "o watch over the rights and in
erests OF the citizens OF their country, cannot legally re.
move incompetent, unfathful, dishonest masters,
when such removal is necessary to the security OF the
property safety Of the persons and lives of those they
are sent thousands OF miles abroad for the sole and spe
cial object OF protecting.
Little danger is to Be apprehended from consular au-
hoty being improperly exercised agdfn merchant cap.
iains The only alarm to be entertained is that consus
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