The New York herald., 1870-04-18
THE cyEiDi DlsAs IER.

Legal View Of the Questi0a--ResponsiDility
Of Captain Eyre aud the Owners of the
Bombay-The Law In the Case-Un1fness OF
Captain Eyre for Command Of a Vessel.
To THE EDITOR OF THE HERALD:-
ssThen have cnr the whole quarter or damned
Yankee frigate and served her we'ln waJ the now
ascertained language Of Captain Arthur Wellesley
Eyre, OF the Bombay, on hearing from Lieut. enant
Lewentnorp that the Oneida was the only vessel
that had left Yokohama on the previous evening.
There are also nippant lmpertinences aud gratui.
tous reflections upon the dead In the argument OF
Captain Eyre's counsel before the Naval Court Of
Inquiry, which contrast that gentleman not favor
ably with the advocates OF the British Court Of Ad
miralty, presided over by the unparalleled ability
OF DR.. Lushlngton for hair a century, and now by
Sir r. Philimore, his distinguished successor. The
Yokohama advocate 'fatied to discover that the IN
Quiry merted any international notice or demanded
special distinction from other like collisions and
currences or that international issues. rights liab-
ties or dutles were involved" And yet 'lnterna.
tonal law now provides rules Tor guarding
against the disaster OF collision upon the
sea, and every maritime power OF Europe
and America Is pledged to enforce the sys.
TEN LII OF The law OF nations, which courts OF
admiralty are. But aside from THESE considerations
how Idle 10 attempt Disgusting the fact that outside
of the further legal mvestlgati0n Which must take
place in a court or courts OF admiralty TO determine
whether one or both vessels IN fault under the
international rules for preventing collisions, the
gross misconduct OF Captain Eyre after the collision
has been so fixed upon him ana connected with his
subsequent odlous CalIDan sentiment and language
to create feeling throughout our land more dam
gerous to the peace OF the countries than were the
cruises and captures OF neet OF AlabamdS yet
rambling In the pubic mind.
Would 1t pe safe for Captain Eyre now, or at the
emo Of SIX months, to appear IN any American port
or npon soil in the United statesy The case seems
TO sug gest twOold aspect Tor Just and satisac-
tory determnation--frst TO settle authorltatiyely
the questions fault In the navigation OF either
vessel and the damages; second, to punish ade-
quatey the already liked delinquency OF the master
or the Bombay.
Our government can direct proceedings to be In
sti,ute1 against the Bombay IN any Court OF Admit
ralty The owners OF tnat vessel VIII or course cause
an appearance TO be entered in their behalf. The
questions to be determined Will DO Ulrst was the
collision caused 6y the exclusive lauit or the
Oneida, or (second) OF the Bombay, Or (third) the
joint fault Of both vesseisf II the FIRST affirmed
the libel would be dsmssed If the second the owners
Oneida; If the third the result, they would be de-
creed to pay but one-half OF her value. In event.
Captain Eyre having neglected to afford the assist
ance within mis- power save liie the costs of the
whole proceedings would devolve upon the owner
OF the British vessel.
proporuoned to the deserts OF Captain Eyre Brl-
ts statute provides "taat IN every case OF collision
between two ships 1t shall be The DUTY OF the person
IN charge OF each saip III so far as he can DO 80
without danger 10 bis own ship, 10 render 10 th3
other her master crew ana passengers, II any, such
assistance may be practicable III order
TO save them from any danger caused
by the collision, and Ia case he falls to 40 so and no
siOn SHALL In the absence Of proof TO the contrary,
be deemed TO have been caused by his wrongful act
neglect default The eiiect OF this clause Is that
where there has been such neglect To render such
assistance ater collision the burden OF PROOF Is
thrown upon the vessel so negecting." Captain
Eyre, OF the Bombay, has been sentenced 10 sus-
pension from command for six months t) fora VIOLA
ton OF this aw causing the death OF more than one
hundred men. ii this sentence should oe regarded
by the "BrItsh company" as a fnai and adequate
punishment 1t should be changed tby the public
press higher tribnna 10 one or perpetual exclu.
sion from any nautical command.
Captain Eyre--athough the discovery Is late--has
mistaken his calling and should be driven to adopt
some other vocation, else he Will drown more men.
The press OF every countryfor all agree as to his
capaolity-should note his ''whereabout" at the
end OF six montDa and keep bis great delinquency
before the maritime and travelling world, for no one
ought to feel sale board the ship where his evil
oeDius is ia command, quite sure tina some VIM
dctlve rebanating otner nautical brute might not
so manage as to cut the whole quarter OH nis
damned English ship," bus 'round 10" IN Time W
save the passengers. y.
iurlher auo significant inquiry renana as to re-