New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-09-27

The absolute and sometimes much abused power
which masters of vessels exercise over their sea-
men is now and then attempted to be extended to
passengers also. A recently tried in England,
at the Bristol Assires, FIXES pretty distinctly the
limits Of authority within which, as to his passen-
gers, the master of q vessel must con6ne himself.
The defendant was the master Of large vessel
which, having sailed from Melbourne, touched at
Calcutta, and there took on board hundred and
forty wounded soldiers, with thirty cabin pas
sengers, including ladies and a number of army
officers. Having arrived at tho Cape of Good
Hope, some other passengers were taken on board,
and among them . Mr. Krog, the plaintiff 10 tho
suit. Before reaching the Cape, dislike had
sprung up between the captain Of the vessel and
the military officers or some Of them. They got
upon very i'll terms, and seem to have made them
selves mutually very disagreeable to each other.
Some twenty days out from the Cape, the captain.
it would seem with intent to annoy the officers, who
were engaged at whist, in the saloon, about 8
O'Clock m the evening, ordered the lamps to be re-
moved to lower part of the table, and, when soms
alteration arose on the subject, claimed the right
to extinguish them, though by the rule and usage
of the ship they were to burn till IL O'Clock Tho
plaintiff, hearing the rumpus, and learning the
cause, and being himself a lawyer mem.
Der of the Scotch bar, declared that the
captain had no right to put out the lights, and,
in the course of q pretty sharp alteration
which ensued, expressed the opinion that, so far as
the passengers were concerned, the ship was but
-. Al. I. Ill e -
Conceiving this estimate of his position to be highly
derogatory to his authority, the captain charged
his passengers. or part Of them, with attempting
to get up mutiny and to take the ship FROM him.
He armed himself and his mate with reyolyers,
and applied to the commander Of the troops on
board to know if he would support his authority,
who said he would if there was any danger Of mu-
tiny but declined to interfere in merely privste
quarrel The captain then piped all hands on deck,
and ordered krog to his state-ro0m, caused him to
be taken there and, when he refused TO stay in it,
threatened to put him in irons. This threat he car
ried out by combining him with chain one end OF
which fastened to Kroysle and the other the
threshold Of the state-room. He kept him so for
ten dnys, sending every day TO offer to release him
captain to the landlord Of hotel, which Kroy re-
fused to do; and finally, on the representation of
the surgeon that his health was in danger, he was
released Internationally.
The defense set up by the defendants counsel
was, that the captain was justified III what be had
done BY his fears Of a mutiny. But the Court said
that would 10, DO. He must prove that there was
49, .f a he lee
fear of a mutiny seems to have beef affected since
the putting the plaintiff in irons occurred after the
officer in command Of the troops had said that
he would support the captain against any attempt
to interfere with his authority, from which mo-
ment, BY the captains own testimony, he consld-
cred ali danger over. The captain himself placed
his Justification on the ground that there was a
disposition to upset and bettle his authority Civ
ing az his reason for the confinement and Its con-
tinuance that he considered that otherwise his au
thority would be at 81 end with the stewards and
the crew. What, doubtless added to the dlspo'i-
ton of the captain 10 do as he did was the pam
ta's having boosted that on former voyage the
master Of the vessel having, upon some dlficulty,
threatened to put him in irons he had dared hun Ia
do So.
The Court told the captain in the course OF has
examination tina, the plaintiff WAS correct III say
ing that he hsd no right 10 put cut the lights IN the
ssloon at eight o'clock, and they also seemed III
clined to sustain the plaintiff s comparison Of the
relations of ship master and bis those
of landlord and hi. guests. The contract between
a passenger and captain Was that me captain
should board and lodge the passengers during the
voyage. The captain had right to make certain
or,erv and 10 enforce them, but they must be rea-
sonable orders. If the passenger should miseon-
duet himself at table, the captain hsd righ' 20
send him to his cabin. Ii passenger was getting
up mutiny. the captain had right to imPr''on
hun; but il Wa. not yet the law that captain
could put passenger in irons because be called
Ina the landlord Of floating hotel passenger