New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-05-05
Marine Court......sAruRpAY, May 5.
Before Judge Lynch.

Before Judge Lynch.
Lar as TO Shipping ATttcieS.-Sun far False
InTtisHMent vs.. H. Jcters against R0bt H. PlersOn
Already referred TO.
The following 10 the decision OF the Court
This wss an scion for fase imprisonment brought by
The suf ssOr board the steamship Oregon, against
the defendant who was master.
"The vessel sal ed from New York 10 Oecember, lS48.
and Afe touching several ports arrived In the bsy OF
San Francisco March l849 ltsppeaed by the evidence
that the sn worfeds great part of the voyage q hours
OF "a dong duty At cOaDg In addition TO sesmans suiy
No difficulty occurred board until arriving 10 the bay
of San Frsncco After coming 10 anchor al Ssuceiio the
plaintiff with eiRh other OF the sailors expressed he DO
termination do duly board This was high
sct Of iusuborona and The captain would have been
justified IN uhctnR The mosI severe punishment wi1hn
be limits Of HE suthorlty those who had signed
shps articles 10 compel them To return 10 helr duty
The sips Muc there produced, aud the nsmes OF
The men called aud thew severay refused The plaintiffs
called of from the articles and II was tesu'
pnuf aud another seaman slated phclty The captain
that they ola not belong to the crew. and they 20
90 GUY that account TIE Csptsln ran me oregon
cose the vessel OF war Ohio which lay al sauce TO-
watering place about eight miles from etn fraucseo
which was lIe OF tue direct route aud procured
leave the nine men 90 refusing on board Tue ONO
10 irons where and on bOsd he sTron, auoael mssO
VS. hey detained until The Oregon, ready to return
to Par tool them sgan on bosrd Capt. PEARSON mon
pt poeo those who had sign I'd the articles "a we'll az
month IN addition to their wages II IheJ would do duy,
ard hy all accepted the offer except The psnuh aud one
other seaman, who decliued TINS oher vas rspesled
aherr AID and 10 lEe manner rejected. The Captain
then put he psinid and the other seaman down In The
lowest pa OF The hold between . and 50 eet below the
upper de,k sbsh the machinery and where u wss very
hot put shschles their legs and fastened them to
s.AnchrOu where they continued until llsl NAV.
awhile The Oregon Law al Panama the American Con-
sui came board with the agent Of the owners WithouI
making himself known and heard a conversation between
the aeen snd plaintiff abou b. imprisonment The Con
sui the articles and did not snow whether The
plaintiffs name was ON them not When the OregOs
was leaving Panama on her return San Francisco the
plaintiff ana the other seamsn were brongh up IRON inc
bod snd semi ashore in canoe which brought passengers
on board The plaintiff applied 10 the American Consul
there relief and to be senthOme but tho Consul ieued
assist him. alleging that he as muuueer and dd not
deserve any relief II appeared by the ships srces That
the crew shipped SO per month for three years
but here evidence that plaintiff had signed them
plaintiff called upon defendant TO produce the huces but
they were MT produced - ,.. o.,
"sy the Of Congress- passed July 90 1880 ii 10 made
the duly OF the master before proceeding on
male an agreement In writing with every sesmen,
to be signed by hm, which agreement 10 termed articles
and by an Ac passed July 49, 1910, lOh SUBDIVISION IL
enacted thai all shpmsns OF sesmen made contrary 10 The
provisions OF that Other acts Of Congress shall be void
and any shipped may leave Me service 81 any
When seAmen sigps articles provided by the acts
OF ConeIeb he submits himself 70 me saInOtly OF .ne
commander Of the vessel and subjects himself 10 al The
provisions Of law for the maintenance OF discipline during
Inc vOysge OF period for which he ships-bu II he does
not ss arees and merely goes on board snd does
duIy be has Tigh leave her III any time; therefore
when pauu Informed The captain on arriving IN the bay
OF Francisco that be desired 10 leave the csptsn was
bound permit hin 10 do GO, and when he placed MIN 10
Tons on board Ihe ONO be was gully o. iSse mp
mrLi ard 10 lsbe 10 pslnuh for damages fhsre 10 no
edece 10 show thai the defendant nso any pad ieehg
towbro lie pNLnh butu is manifest from al The crcun-
stances that hs defendant scualed by desre 10 sub
The interest Of his and 10 continue the Trips
OF the Oregon by which they we're TO derive great pronn
30 far ss Hose men were concerned WHO hsd sctiAy
signed articles be hsd tgh 10 compel them TO serve sad
siSipg Them g1ss, advance On sseir wSgs. bat in
tempting coerce the psuuh be- has made himself liable
10 al tbe damages which palnuH hu suffered 10 every
shape ,-.....
OF me owners The Captain should have procured Ihom with
h ard by msling The Interest Of The psnuh 10
render but be bad right 10 coefco hin 10
GUY when he bad signed the sc thsn be hsd 10
any passenger board The vessel The manner Of
The suemp al coe con was exeu ely oppressive oaIu az
him IN double irons ~Aen nee eouid % no necessity etN
placing hin 10 par OF ne Vrssrl Wnefc zoe All was
foul and where be cOud Ostain no oeneht OF ifoh
ar snd -lesPins him 10 iron. sewers day.
when he might well have P0 him ashore on hs arrival
"Thu, then WA the plSndI detained In chains durlsg
period which be might pfo0s0Is, have earned from
slice Ia t0-esrried sssins1 ns viii 10 psee 0uisyors
bic 10 he Obtaining empOymeOI-ihrown ashore oesuaIe
susuger. and without frieLds-s )Pesrng 0efore The
American Consul whose mibo VS. poisoned sgAi1s him
aud by The Cohsul muuHeer with ihs fact hs
The plsnf clsmed belong 10 the crew TIE Cap
tain have hDown that psath hsd 40. signed Ihs
Arltces be- was liable 10 0e considered mnuneer
u consider IL case calling loudly for exemplary dana
ges The thai the plsnut 10 ~ ohscurs mariner 6o7s
not PIE uoce his be protected ~ freeman tbs
rls.s of p-r,ons are ths humble instruments 0y whcb he
superior nteig ana he enterprise OF our eo
.pno % 10 ado 10 The wealth OF the nauon sd Il
"a r. ond,p dutv ef his CcuTT protect Them from OPP
prrsop or inpOsiuon, and 10 pansh toose vho stemPt
10 ske advantage Of them by anng he means and power
tbry have n their command
lin rs,e, werre ofscers in'dage the rshu OF seamen
hroushs nnssppreheuson Of tneir authority or from he
rars..itv 10 ruAptsn discptLe, vozd be right 20 limit
the TO The sctus and positive Injury sustained
bot her, ury indicted deliberately sao iuf zoe sad
ard nurp O. of gsu different RUE sh0aid prevail Tbs
p,ued parry should be amply remunersIed or me injury
10 he -rps and bio pefsOu rs well 50 Of hs peeanisfy
c..,. Fq the scs Ia this case s tDey spPsNed 10 eN
aenc an srong!y uresf The i~Pressioa mai NE case
nee been preseu &c Jury and they hso gvea foe
for 81 tee the Court would rot have insefi7'eA wiz -
excessive = 40
"Yie pls nt 10 entitled 10 my opinion 10 recover s+V'
for which sum Judgment 10 renoered, WIZ cos1
THE GROWTH o. WIscOsslS-Ine conotsnt
iranx o. population TITO This growing STATE fspiy .es
ENG fofess and widening me o00nat o. "
fesh srirt Of enterprise seems 70 hayo eooo