The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1857-05-21
From the n. B. Shining Llst.l

Mr.. Editor: Within a few years past there has
Ion much said in the various newspapers in the
Ibafng interest, relative to which is the most desira-
rIa recruiting mart for the North Pacific whaling feet.
Can Francisco, or the Sandwich Islands. There are
nanv points at varience, and l propose to solve them
from a thorough and practical knowledge of both
n1aces. l have been a frequenter at the Islands since
f81, and profess to know them root and branch.
And after several years of unavailing trial to learn
s%omething definite of San Francisco from the few
transient ships visiting there, (some masters speaking
fr. and others against the place. I have at length
made a thorough test for myself, and through the
valued columns of our Shipping List, would impart
the full extent of my knowledge and views to my
brother spouters throughout the feet. I propose to
give them the entire facts as they transpired with me,
that they may Judge for themselves. Also, to advance
my own views as they have become developed, for
the benefit, and at the request of many masters and
people connected with both ports.
It has been currently reported, so as to gain
credence through the feet, that we cannot retain our
men at San Francisco as we have been in the habit
of doing elsewhere. 1t is not so. I have thoroughly
tested this matter, even against the convictions of
half the legal fraternity and courts at law, and in the
face of a general Encouragement from many of the
most intelligent shipmasters and merchants of San
Francisco. They Judge the whalemen's case bv the
many defeated efforts of the merchant men. The
difference is in this Nearly all the merchant vessels
clearing from home ports for San Francisco. clear
from the home custom house under their original
Articles, which constitutes q domestic VOYAGE onlv:
hence they cannot compel their crews to 90 beyond
San Francisco, as they have adhered to the ship to
the extent the law demands by their contract. It is
useless to produce Articles showing the men have
shipped "to perform q voyage to San Francisco, and
e~Iseuhere;'' for the laws do not compel seamen to go
from domestic ports upon a foreign voyage when
sailing under original Articles.
But with the whaleman, who always has certified
Articles, it is different. We never sail from home
ports under original Articles, but, going forth as we
do upon n foreign voyage, Ito the Pacific and else
where) sailing under duplicate Articles certified by
the Collector of customs, depositing the original in
the custom house, it follows that, go we where we
will, into this port or that,-foreign or domestic
the true interest Of the voyage is not fulfilled until
the ship returns back from whence she came.
Under this belief, [ dropped anchor in San Fran
cisco in the month of November last, intending only
to lay a few days to get my recruits and obtain q few
small stores, and perhaps, to ship my sperm oil should
chance occur. While at supper, some five hours
after having come to anchor, with one of those mi
gratory officers on the lookout whom every ship is apt
to be numbered with,-promoted perhaps for their
whaling qualities, but totally irresponsible as an
offcer-a boarding house landlord who had q sail
boat alongside for the purpose, took off nineteen of
my men entirely unknown to the gentleman with the
beaver on, who was gazing with a marine glass at the
fort and the shipping around with all the innocence
and curiosity of a country school marin. Icame from
the cabin, and seeing the boat gone, put a glass upon
and saw at q glance the several heads Of my men
peering over the gunwale; called the officers from
supper, cleared away a boat in chase, with orders, if
unsuccessful, for the mate to 60 to the chief of Police
and demand the arrest of the deserters. The chase
proved of no avail. The men landed and soon dis
persed through the town, even before my boat could
reach the shore. The application to the Police proved
of as little import, for the chief declined arresting
them without q warrant, and was unable to tell the
proper place to apply for the required warrant. On
application to the Police Judge, Coon he had doubts
of being able to help me In the matter, thinking it
out of his jurisdiction; but with a courteous spirit of
accommodation, promised to study my Articles and
take time to consider the case, as to the legality Of an
arrest. On ar%resting his attention at Section 7th, Of
Act passed July, 1870, he thought a doubt no longer
existed. Some days after, while Judge Coon was
0iViuO orders for tha warrant I had demanded. |
employed Geo. w. Baker as my legal adviser,-the
ex-Judge of Police Court-who was thought to be
conversant with the marine law. Mr.. Baker soon
convinced Judge Coon it was not in his jurisdiction to
arrest my seamen, having once undertaken the thing
himself and failed. He advised my applying to the
u. S. Commissioner, (Johnson) who at first declined
acting, until we read to him the above mentioned
Sec. 7th, whereupon he concluded to give us q war
rant for the y. S. Marshal to arrest certain of my
seamen, most of whom had already shipped in the
merchant service and gone to sea during the delay
caused by the utter Ignorance of almost every one
applied to upon marine law, as regards deserters.
Several days having past, 1 had already opened my
new shipping Articles and partly shipped q new crew;
and finding men so plentiful, l only proposed testing
the matter of arresting deserters upon a few of my
best men. One of my boatsteerers q prime forecastle
man, had shipped on board the Borodino from the
same Office where I was shipping my new crew, such
was their confidence in the suppositlon that they could
not be arrested for desertion. The BOrodtno was at
that moment in the stream with her topsal! yards
hoisted aloft, her yard-arms loosed, with fair WIND
ana 1alr Tue, awaiting Tue dTr1NdI IL { oIO ~
sail for Callao. I proposed to the Marshal to take
those two men, as being the best available test we
could make, except we went on board the man-ot-war
where four or five of my seamen had donned their
blue shirts and clean faces, amounting to quite a
disguise.
After some little detention from the men having
been slowed away, on seeing us coming, the mate oi
the Borodino, a gentlemanly fellow, dug them out
from their hiding places, and the Marshal quietly
made his arrest and we took them before the Com
missioner to prove property and put them on board
my vessel in irons.
While the men were yet retained in custody by the
Marshal, awaiting the leisure of the Commissioner, a
LAWYER of the place, one I. B. Manchester made his
appearance and began to be inquisitive to learn what
we were going to do with those sailors. [ knew him
instantly by the previous description given of him
Proposing to learn his intentions, L Immediately
accosted him, demanding to know if he wes inclined
to make me trouble about the arrest of my seamen.
Before answering my query, he wished to know who
had employed as consul; who advised me to the step
taken; and finally, who had had the profound igno-
rance to issue a warrant for the o.. S. Marshal to
arrest deserters? l had been repeatedly told that
Nj. Manchester was one of the most profound marine
lawyers in the city, and from the utter ignorance l
had found elsewhere, I proposed conciiating this
gentleman and testing his marine knowledge. Among
other things, he told me he could prove instantly that
even the present arrest was illegal, and that too by
p~recedents which had come up for trial under that
49,