The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1858-11-18

afffrO OF
this Kingdom, under the order Of Abner Pratt ESQ.,
suI as desertsr from the ship Nassau, and claimed b,
n Perrin, French Consul, rrko sned our the Writ
xrcosyKr, ESQ, Counsel for Petitioner.
m ESQ., IT, s. Consul, and A. B. BATES, ESQ., Counsel
poadsnf
OrrSIos or CHEF JusrIcE ALLEN.
As writ of Aa6eas corpus the Marshal of the Ha-
-Isuds comm anding hun to bring before Court the
fFraneis de FIsnchet. This writ was issued on the
of Emile Perrin, Consul Of the Empire Of France az
al, ISLANDS. who ON oath allie ges tha said FIanebet
subeet and sailor lately serving board The Freneh
4 in Erpoksoa III, which wrecked in the Arctic
% the 3Dt day Of Jlay last, has been arrested and
TO prison. where he still remains, by the Police
for the alleged offence of deserving from Anne rica
ip IN of Honolulu. and that he informed
the said alles is without foundation in
smreh = the said Flsnehet never entered into any
nraet board said ship and is not deserter
b. and that the arre-t and imprisonment" of said Flau-
Iegsi and rnjHstiabie IL law; that said Petitioner,
ossul il the legal and only guardian Of the rights
ies of the said Fianchet who native born French
he Marshal makes return said rit as follows:
frtue OF the whyn writ of hcfbeas corpus Marshal
waIian Islands, now bring the body Of Francis de
} or Franchet into Cont
4, further return that do know whether he is a
sor or not and thai he arrested the 30th day
istndy by virtue of warrant of arrest now IN my
sued by Abner Pr H. United States Consul residing
uIu, OF which the following is copy:
consulate of the United states of America.
Honolulu, >. L.. October 81, lS5S. (
Francis Franehet, of the of the American ship
Whereof 70. C. Murd ok is Master, this hsrbor
Il
gaes, you the said person be arrested and
ed until ind it expedi. mt TO give him liberty.
(signedO AsSER PRArT.
ID. Parke Marshal Of the Hawaiian Islands,
! authorized and required do by the treaty of
B. commerce aHd navigation betwe his Haw ian
IN the United states, conciuded and signed az a -b
b the 2Jth day OF December, IS49, and the Statute
this Kingdom, defining my duties as Marshal, and
return this order complied WITH this 5fh day No
Cs;gned) w c. -PsnxS, Marshal II. ~
i Ofkrbsas summary Proce-s. Ii requires
i-e Of sound discretion and careful exanina tion
hs ei eam-iances OF the case, which this instance
questions of great importance The whole case has
ably presented b. the learned Counsei- to the con
etItioners Coan>el contends that de FIanchet never
any Ieg'I contract TO serve bard ship Mas
J therefore could not be deserter.
,ed that the seaman did not read in detail the
articles. he could hayr nderStood the contract
before il i void. II IL well known thai these shitpnr
are in perfect concIdehce with the laws uf the United
)Ri with the general principles OF the maritime law.
= need OF his reading tbes- articles any
of his reading the laws of the country ap cable
bRg contract under whose iag he proposed 10 sail
with it, PROVISIONS unless it was clearly explained
aaIn, ard agreed To by bsm for -
mad been board the ship five months and had
perisd become eonversant with the ruies aud rcgu
nd police Of the ship-tbe material questions for hum
Sere M compensation or lay, aud the term OF service
ence Of the Clerk OF the Cnuiate is that these were
nd distinctly understood b. him. lie expressly
xpained to Tim the terms OF shipment. The lay was
stated, and the term of service, and rIe
his red the SiIiSpn. artIcIes in
zee with the law of Ihe United States. All Countries
h eaj1in il a consular duty 10 guard the seaman
ret HIM in hi contracts add his rights. They
tU consider seamen ruliarfy entitled Ia their
proteeti"h FROM the whole evidence am satisfied
seaman fully under TODD the conditions of the CON
agreed To then-
testimony Of the Of ship, IL appears that
The Interpretation "f Mr. Male The I'd ofeer of ihe
III, that fIaHehst woui'i ship hss ARRIVAL in Ho
an which was Interpreted by Malice, and that the
gave his asse u it, aad that in pursuance of that
lt ne immediately went into the Cou sp's Office with
he wis then shipped in the manner a stated by Mr
nchet says, that when Capt. Aurdock took him on
agreed 10 pay him the same he paid the nfherS
? was an Oficer On bD1rd named aalrc who inter
him what the Captain said He says that he thought
p Capt Nurdock took him To the Consulate IL was Ia
bnt he received nothing sid not understand what
AZ the Consulate. hut knew going that he was
be then hoard the ship, and soon after came
and the French Consui's to tell him that he
shipPet bat Thar he had been paid f.s the OIL
that he never mad an arrangement with the
r. Malice made ir: that witness never spike 10 the
p bout any arrangement AIR Malice told witness b.
|eai u2 -fars AT the n-uiste that he "a ship
. let them pIy iUr the oil already taken FIRST,
he would see about if. When in the Office was ask
1sf he answered twenty-one- lie further says
N vessel that the French laws forbid Il, but If he
vOgid Ike GO.
the ofiee he discovered that me was ship
AZ hIs kno Siedg-, whs did he NOT return immrdi-
correct the which the Consu would have done
dns sed especially IN cases where the seaman an
very little Of the language lie Melee told him
" va, , s"s 70 The Consulate he was 10 ship. SO, ms
lon his mind and that being the case, had he been
D TO mlke the contract he would nst have done any
Iit H. c1nnOf believe that Mr. MARSHALL was mis-
= very GER ain thai IL was Subsequent thonght,
said Ia him that he incurred penalty by the laws
BY shipping a foreign vessel for he told Mr. Davis
was free he shooId like 90 hoard the Sa<sau.
et thit the subject of shipping on his arrival in
|ly the terms of sipu,est bes..rs lie went into the
ne tohsgl- and that while there the contract wa
p fully explained 20 him.
he h.ru lzt
Fee5er and that portion of the oil now board Of
as we'll as the future csfchings- I regard this an
was snier any legal obligation TO pay him that
u lie i-h the strip here IL very clear that there
! position In drive hard bargain. Had there been, II
Ne regarded the contract liable 10 objection Bat
convinced that IL j. favorable for the sea-
,hai ne fni'y understood it The shipping articles
u-uh torn and regarded favcraby BY all part es
cohdItIfn but what is for the benefit OF the seaman
and eoaId they be risidy enforced i would promote
"i The seaman and the success Of the voyage. In
ms seaman had been board this ship ftr five
,e had become acquainted With the rules and regula
had he not BEEN willing ship when as he says
they were shipping him. he woaid have declined
estions entry ON the ships paper for ia appears
" or share and the term of service distinctly
q vas :. EN-, his age was asked and given.
rtfcies and crew list " no doubt then that he
10, ~ Is very easy for \ seaman 10 Understand his
heflfe1 voyage was k.r a tiIi the stii.
, " - equally clear that he subsequently changed
one. very often, and very iDpro-eriy. d. this afts
81 he was legally shipped bs,srd the Edssas. /.
e' tef firrs-r tls7f Hlf ugh he gzIiy shipped
aeserfyf, aud therefore ought be discharged.
aer says that after he left the ConsuIs
he w-ni board and Immediately returned on
? and went 70 the French Consut's- He says he
u the French cou-ul that the Captain had shipped
-ays he applied the conxul for clothes, which he
saa he further applied TO the CoaI TO procure his
Hn me Nassau, !" and TWO Of his compaBioHs went
Z set ms cDfhes but the Captain refused to deliver
french Consul provided him with lodgings, where =
= one and a half days before he arrested He
reneh Consul visited him prfsopbut he did not
p g on hoard the ship - Nassau, - but know that
hs. nnes sorssd me 70 20 on board that vessel He
Y that the Capfais n the asszu offered him $I0o
thxf he had Conversation with the prison
aa ne could not 60, a. it was against the law OF
le ssld II would subject him thirty two months
ne said the CousnI Of fte Unit-d States request
su ne prfsoner and ascertain whetber he wished
ee vessel The Captain OF the JSassss asked The
7 .e "oaIa IKE 10 90 ON his vessel ~ he Wa nee,
yes, but he said the French Consul told HIM that
ON board French whaIer outside, OF . msn-of-
J amine the circumstances, and IL they do not
'inerate Intention des~Kf- He len the ship and
where he renzined aud hzkf days. Sent 10 =
nf his clothes hut th~y were not delivered de in
.'os Nth The Captain Of the .Sa<sss and MI. Davis
could not GO board becsose u was zgafnst the
.sce II he va- free he would like to CO. Mr..
az the special request she Uuited States Cea~uf
ne said no, zivisg fhe svsne reason
NO evhteree of the eircuBseanees "f hss leaving the
sef ne had pernissios sss, bus he was absent
- clear as in this case, that the seaman did nos
'efurn so the vessel and having actually not re-
= - - contempisfioa % law oesenes. me cAP e
= hss return 10 the vessel and - <eebnes, the Lon
70 he ics, - shi ne declines