The Republican journal., 1881-10-06
Shipmasters in Foreign Ports


A decision of interest to ship masters
who visit foreign ports was delivered by
Judge Fox in the United States Circuit
Court, in Portland, recently, in the case
of John b. Gould, L. 5. Consul at the
port of Marseilles, France, VS.. Everett
Staples master of ship Charter Oak, Dis
trct Attorney Lunt appeared for the
plaintiff and II. ID. liadlock, Esq for the
defendant. Action was brought to re
cover from defendant the penalty of $500
prescribed by law, for not depositing his
ships papers with the consular agent Of
the I. s. at Toulon in Dec. 1879 the
ship having arrived at Heres, which was
'Within the consular jurisdiction of the
United States consul residing at Marseil
les, the said consul having a consularagent
at Touon." The decision recites the facts
in the case which show that Heres is
about twenty miles from Toulon, about
four miles from the shore at the head Of
the bay. There is no harbor at this place
but only an open roadstead with sandy
bottom. There is no representative Of
the United States at Heres, the nearest
being at Toulon. While the ship was at
this place the weather was stormy and
the ship in danger The following are
the concluding paragraphs Of the decision:
Situated as the Charter Oak thus was, the court
finds that it would have been highly imprudent
for the master to have been absent from his ship
all night His lrst duty was to his ship her cargo
and his crew an his absence from her for that
length Of time, would have unjusttably exposed
her to peril and danger. If in his absence, viO-
lent storm should arise, which not nnfrequent-
ly happens on that coast, the ship was liza
Bile to be driven from her moorings either Oh
shore or to sea and in such an emergency the
masters presence with his skill and experience
might have proved OF the greatest advantage III
protecting the lives of the crew and saving the
property in his charge which otherwise might have
become total loss.
If obliged to deposit her papers at the Toulon
consulate the master must have been absent from
his ship two nights, one to leave them the other
to obtain them, and such requirement, in the
opinion of the court, is so unreasonable that it
ought not to meet with its sanction and approval.
To use the words Of Woodbury. j. i'll Harrison v.
Vose before cited page 1888, The requirement
would be oppressive in the extreme. 1t would
embarrass and clog, rather than aid commerce,
which last is peculiarly the design and policy of
legislation by the general government on this v
tai sub ectF
The interest OF commerce and navigalonwill be
greatly promoted by so constituting the acts of Con
gress as to encourage master IN remaining on
board his ship whenever situated as the Charter
Oak was, and he should never be compelled to he
absent from her for any considerable time in search
of consulate, at some port other than that at
which his ship has arrived, subjectng his owners
to unnecessary expense and the vessel and cargo,
upon sudden peril and emergency to serious con
sequences which might result from his absence.
If any great benefit is supposed to arise from the
ships papers being in the hands CT the consul
consular agencies be established at every port
which our ships may visit, as the President is
authorized to appoint many of these officers as
he shall deem eSpedient. Adopting this course,
consulate could be reached by the master without
delay expense. The provisions of law could
then be complied with by him without the great
peril and risk which might frequently attend Its
observance, if the defendant should be held to
have violated the law in the present instance
| The defendant is adjudged to be without fault
and is entitled to judgment
| The Ossipee Valley Fair opened Sept 2Oth with
| fine show of neat stock and sheep. Limerick
takes the cake for the best town team Parsonsfeld
for the best yoke of oxen, Limerick for the best
| matched oxen, Cornish for the fatest oxen, and