The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-11-01
The Case Of the Bark Pcytona.
ILLEGAL IhPxIsOHhENr on AN AMERICAN CAPTAIN.
AND SEIZURE OF HIS VESSEL.

ILLEGAL IMPRISONMENT on An AMERICAN CAPTAIN
AND SEIZURE OF HIS VESSEL.
Our readers viii doubtless recocc the circuss
attending the voyage of the American bark Peytona
which was condemned at Maurtius time back on
her way to Melbourne, brief notice Of which has
already appeared in the columns of the ExxALp Afe,
great delay and much suffering experienced the Cape
Of Good Hope well as at the Mauritius, the captain
has af length reached home and from him have
learned the particulars of the whole affair which would
appear to merit the serious attention Of our govern
ment.
II appears that the bark Peytona Capt. Oliver n.
Jenkins saed from this port the 9th Of February
1852 for Melbourne 70 touch at the Cape Of Good Hope
She had however put into Bahia for repairs which
being completed, she proceeded her voyage On her
arrival at Table Bay Cape OF Good Hope French pas
seneer, named Heinemann, wanted the captain to de-
liver to him various goods which he had shipped at New
York for Melbourne. Tn is Capt Jenkins declined doing
on the ground that the voyage was not completed;
that II he broke bulk 1t would be In effect break
ing up the voyage that he should have to
be answerabe for all damages attending Il; and that
at Melbourne only his legal custody would cease whore
only he could deliver them Heinemann with two other
French passengers, then sued out summons, upon
which the captain arrssted. After hsios ssaasSd
in lonthsome prison for three days, the be-
fore tie judge who at decided that the captains
and hearing Of the complaint dismis sed that also
declaring he had power to adjudicate contract
entered into at New York to be fual!ed at Melbourne
at the time ntmating disbelief in the state
ments OF the plaintiff.
The wrong however, done. Captain Jenkins had
been Illegally arrested and imprisoned and prevented
prosecuting his voyage, for which he Is clearly entitled
to redress the whole proceedings having been declared
illegal by the English colonial judge.
The following Captain Jenkins account of his arrest
and treatment while In prison, showing the way the
Cape authorities treat persons arrested civil process
Captain j. says
ing cargo that was bound to deliver at Australia
was confined m one of the cells with murderers and
TO sleep 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
bed Of most Of what little articles had with was
not allowed pen ink to write to any All this
blowing very hard sa and not even %y ocers were
allowed to come and rec me, until permission given
from the Governor who also permitted to have pen
wrote before 1t could be sealed. In this prison was
whipping post and all who disobeyed tied up and
punishment No one was allowed TO shave in this prison
without permission 1t was literally filed with filth
and bedbugs. In the cell in which was confined
five persons, and all the Offices of nature done In
barrel which almost suifocated me- and got weak
that could hardly stand when the prison doctor
called who gave three pills, accompanied with the
captain Of the police in the middle of the night Du.
ring my imprisonment the minister allowed to
In and pray for me, but always found him absent when
the whipping going on for the cries Of the poor
creatures were too much for him. was not allowed to
come out Of my cell even to hear my trial Every
ican Consul was allowed to see me. II had been
murderer could not have been guarded closer. All
this was to try to make me break contract that had
$500 If he succeeded but told the sheriff that before
would break contract would rot in Jail and have my
bones shovelled out.
The injustice of British authorities however did NOT
end here After Capt Jenkins released he -atei
ha vessel for the second time at great expense pro-
ceeded to sea- but unfortunately with gale
which carried away the rudder, spars sails boats &C.
and after steering the vessel for 500 miles with cables
succeeded in reaching Port Louis in the island of Maur
titus, the 9th Of August She tese surveyed and
condemned unseaworthy, and was subseq uently
seized with her cargo By order Of the Board of Admiral
ty at the instance Of Of the passengers whom
the captain had given them bottomry bond at Bahia to
raise money to repair the vessel The captain protested
against the proceeding being without the jurisdiction
Of the court and after wandering about for ten months
he was allowed to leave the island. Having money,
he obliged to work hs passage to London board
British ship, and arrived here few days back.
The vessel WAS sold and is now under the
ture stored at Maurtius and s rottng there
The value Of the property thus unusty seized amounts
Capt Jenkins has laid the matter before the Secrea
ry OF State, and with letter from the American Con-
sui strongly urging the claims of the captain and his
to redress from the English government for the
wrong inflicted by its colonial authorities both at the
Cape and at the Maurtus The proceedings at the Cape
declared Illegal by their judge, the ground
of want of ursdction and the absence OF auhor
y In the matter exists in the proceedings at the Maur
titus. Capt. J. states that the bottomry bond, upon
which the seizure proceeded made payable six days
after the vessels safe arrival at Ausraa and therefore
could not Be due until she arrived there, and hence the
negalty of the seizure He also informs that the
Admiralty judge declared afterwards that the proceed
ngs had been hasty and declined acting further until
he received advfces from the home government
Here appears case in which If ever was enti-
tied to redress Capt Jenkins is First illegally imprs
oned and inhumanly treated and then illegally de-
Prved Of his ship and cargo and the iegality Of the
proceedings plainly declared In the rst case and ind
recty acknowledged in the second by the officers Of the
courts In which the wrong done. The IL clear
d Capt Jenkins and his owners certainly entitled
to damages for every cent they have been thus unus
deprived Of The United States government ought ct
to press the matter upon the attention Of the Bri
tsh government II American citizens in this fash
ion deprived Of their property by ignorant English colo
nia officials without the warrant Of law justice f Is
time something was done to convince them that even
the United States government cannot always allow such
things to pass unredressed.