New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1854-11-10

Wines, Liquors W. 3. LEvEsieH Co., "a Old
sEwELI T. TAYLOR Is ROYAL street.
f.. W. CoELsR, Common street. opposite the st.
Charles Hotel. g45.
From the New York Herald
THE CASE OF THE BARK PEYToNA.
ILLEGAL iatPRrsovsEvr AND srix-
uRE OF HIS VESSEL.
Our readers will doubtless recollect the cir
cumstances attending the voyage of the Amer
lean bark Peytona, which was condemned at
Mauritius some time back, on her way to Mel
bourne, a brief notice Of which has already ap-
peared in the columns Of the Herald After
great delay and much suffering, experienced at
the Cape of Good Hope as we'll as at the Mauri-
thus, the Captain has at length reached hcme,
and from aim we have learned the particulars
of the whole affair, which would appear to merit
the serious attention of our government
1t app ears that the bark Peytona, Capt Oil
YER N. enkins, sailed from this port on the 9th
Of Febr nrary, 1852, for Melbourne, to touch at
the Cape of Good Hope. She had, however, to
put in to Bahia for repairs, which being com
pleteci, she proceeded on her voyage. On her
arriv al at Table Bay, Cape of Good Hope, a
frel lch passenger, named Heinemann, wanted
the Captain to deliver to him various goods
wb .ich he had shipped at New York for Mel
bourne. This Captain Jenkins declined doing
Q a the ground that the voyage was not COM
IJleted; that il he broke bulk it would be in ef-
feet breaking up the voyage; that he should
have to be answerable for all damages attending
it; and at Melborne only would his legal Gus
tody cease, where only he could deliver them
Heinemann, with two other French passengers,
then sued out o summons, upon which the Cap
tain was arrested. After being confined in
loathsome prison for three days, the case came
before the judge, who at once decided that the
Captains n'siarrest was illegal, and discharged him
from confinement; and, on a hearing of the COM
plant dismissed them also, declaring that he
had no power to adjudicate on contract entered
into at New York, to be fulfilled at Melbourne;
at the same time intimating his disbelief in the
statements of the plaintiff
The wrong, however, was. done. CAPT. Jenk-
ms had been Illegally arrested and imprisoned,
and prevented prosecuting his voyage, for which
he is clearly entitled to redress; the whole pro-
ceedings having been declared illegal by the Eng
lish colonial judge.
The following is Captain Jenkins account OF
his arrest and treatment while in prison, show
ing the way the Cape authorities treat persons
arrested ON civil process. Captain j. says -
was, dragged to prison at Cape Town for not
dische.rging cargo that was bound to deliver
at Australia. l was confined in one of the cells
with mnrderers and Government swindlers Of
the worst kind, and compelled to sleep on a bag
of hay; my food was rice and water, and had
to eat this rice with my fingers. No light, no
fire, and this in winter. was taken sick in
| this Dungeon, but no one was allowed to see
me. was robbed of most of what little ar
ticles / had with me- was not allowed pen
nor ink to write to any one. All this time my
l ship was riding with both anchors ahead, ii
blowing very hard gale, and not even my
officers we're allowed to come and see me, until
permission was given from the Governor, who
also permitted me to have pen and ink, but the
| authorities had to examine what I wrote before
| it could be sealed. In this prison was whip
ping post, and oil who disobeyed were tied up
and whipped with rattan. was threatened
with the same punishment. No one was allowed
to shave in his prison without permission. Il
was literally filled with filth and bedbugs. II
the cell in which was confined were FIVE per
sons, and all the offices of nature were done il
o barrel; which almost sufocated me, and GO
SO weak that could hardly stand, when thu
prison doctor was called, who gave me three
pills, accompanied with the captain Of the po
lice, in the middle Of the night. During my
\ imprisonment the minister was allowed to come
in and pray for me, but I always found hin
absent when the whipping was going on, fol
the cries of the poor creatures were too mucl
for him.. was not allowed to come ont of my
cell even to hear my own trial. Every thing
American Consul WAS allowed to see me. II
had been murderer could not have beer
guarded closer. All this was to try to max
me break contract that had made in New
York The Attorney Generalwas to have $500
If he succeeded; but told the sheriff that be
fore would break contract would rot il
Jail and have my bones shoyelled out.
4 The injustice of British authorities, however
did not end here. After Capt. jenkins was re
-cAAx H., -.
at great expense, and. proceeded to sea, but un
fortunately met with a severe gale which car
ried away the rudder, spars, sails, boats, etc
and after steering the vessel for 1900 miles wit
cables, succeeded in reaching Fort Louis, in th
Island Of Mauritius, on the 9th of August. Sh
was there surveyed, and condemned as unsea
worthy, and was subsequently seized, with he
cargo, by the Board Of Admiralty, at the in
stance of some Of the passengers to whom tn
Captain had given q bottomry bond at Ba
hia to raise the money to repair the vessel
Capt. =. protested against the proceeding a
being without the jurisdiction of the Court, an
after wandering about for ten months, he wa
allowed to leave the island. Having no money
he was obliged to work his passage to Londo
on board British ship, and arrived here o fev
Idays back.
The vessel was subsequently, sold, and is no
under the British flag. The cargo, most Of it
o perishable nature, was stored at Mauritiui
. and is rotting there now. The value Of the prt
Iperty thus unjustly seized amounts to abol
$s70, 900. .sA.i.
Cap. jenkins has laid the matter before IL
Secretary Of State, and with it q letter fro
the American Consul, strongly urging the CLAIM
of the Captain and his owners to redress fro
the English government for the wrong inhictt
by its colonial authorities, both at the Cape al
: at the Mauritius. The proceedings at the Cal
were declared illegal by their own judge, on Il
ground Of want Of jurisdiction, and the san
absence Of authority in the matter exists in Il
proceedings at the Mauritius. Capt Jenki
: states that the bottomry bond, upon which u
Z Seizure proceeded, was made payable six da
after the vessels safe arrival at Australia, al
therefore could not be due until she arriy
= there, and hence the llegality Of the seizul
He also informs ns that the Admiralty judge
II olared afterwards that the proceedings had be
hasty, and declined acting further until he
ceiyed sdvices from the home government.
= Here appears case in which if ever m
was entitled to redress Capt Jenkins is, FIJI
illegally imprisoned and inhumanly treat'
p and then aa Illegally deprived Of his ship .