MEETING OF SHIPMASTERS AT SAN FRANCISCO. [From the "Alta California," September 1.]

New Zealander, Volume 6, Issue 484, 4 December 1850, Page 2

MEETING OF SHIPMASTERS AT SAN FRANCISCO. [From the " Alta California," September I.]

The meet.ng of shipmasters and others, held on Tuesday afternoon, was one of thelnrgestevet assembled in ihii city. The large hall in D^lmonico'i Hotel was entirely filled, and many were unable to obtain entrance. The officers were the Bame as at the meeting on Saturday last, viz : Capt. Mauran, President ; Capts. Mumford and Smith, Vice presidents ; and Gapts. Dale, Goodrich and Spooner ; Secretaries. The proceedings of the previous meeting having been read, the following resolutions, prepared by a committee appointed for the purpose, were presented for the consideration of the meeting : PHEAMBLE. Whereas, we the masters and owners of the ships trading at the Port of San Francisco, in meeting asierobled, do honestly and sincerely believe that we are subject to many and great obstacles in the pursuit and transaction of our business here, to many unnecessary and unj-ist expenses, winch are very onerous to bear, and which we believe are working to the injury of the commercial prosperity of the Port. We liave now met together deliberately to diicusi and to endeavour to point out the grievance! of which we complain— to give a calm expression of our opinions upon them— in order that the public, and more particularly the mercantile part of this community, and our employers and friends at home may be made aware of them. In the hope that some remedy for them, or some course of action on our part, by which we may avoid them, may be suggested ; that the more unjust and onerous charges upon us may be removed. Or at all events, that some regulations may be enforced by which it may he possible for us to calculate with some degree of confidence upon the course we ought to pursue, AVith a probability of being— if right— supported by the laws— and by an enlightened and unpiejudiced public opinion in the maintainance of our lights— therefore. Resolved, That being in almost every instance deserted by our crews immediately on arrival here, and finding our contracts with them, however binding, and however fully certified, set at nought or only made avalable against us by the legal decisions that are daily made here ; and considering that ihose decisions aie »ot only at variance with the spirit but with the letter of the laws of the United States, to which we are bound to conform, we feel it our duty herein to assert, and hereafter to maintain our rights, and to use our earnest and strenuous exertions to procure a just legal decision upon a proper pro- forma case, by a court exercising competent jurisdiction as in such cases made and provided. Resolved, That while we view with regret the desertion of the crews from our ships, it is with unqualified disapprobation that we see the oificeis in many instances pursuing the course— men occupying responsible situations under us now, and piobably some time to take rank among:, and of us— in whom we have placed confidence, and who it is not to be supposed, signed the contracts and entered upon the voyage under any misapprehension of its objects, become so loit to all sense of honor and to all the moral obligations of their position, as to desert from their duty or refuse to fulfil their agreement, we cannot look upon as in any way worthy of our further confidence ; and we feel it our duty to withho'd from all such our countenance and support ; (to comply with the published re quest of the Insurance companies, of the Atlantic ports, and report, to them directly or through their agent here, the name, place of residence, aud such other pariculars as we may possess of all officers »o deserting) and if called upon hereafter for our opinion as to their capabilities as officers, we should feel bound to qualify that opinion by making known the fact of such desertion in California, where, more than in any other part of the world the cause i« in itself evident — pecuniary gain. Resolved, That it is with sorrow that we look upon the sad neglect of the many natural advantages posBeised by This spacious harbour for a safe and convenient arrangement of the vaßt fleet now floating in Us watf r«. Ie matters little to us whether the dangen and inconveniences we see and hear of every day auge lh tough the incompetency of officials, or their neglect of their proper duties. We know that we are compelled by law to pay a harbor or anchorage fee within fortyeight hours after arrival, of such an amount as •hould entitle our ships to some care and protection from the authorities receiving it ; for we never receive any such attention trom them except, in the one instance of pointing out to us a berth, whkh we could ourtelves as we often aic obhdged to, do as well. We think that any ordinary accidental arrangement of the fleet could scarcely be more dangerous or inconvenient ban the one now existing. And we hold that any inti Ijigem man, at all coiivai'sant witli such maucra could r c-adily aud would willing'y suggect a bettei, a more

convenient, and a safer arrangement ; and further, tba* if the Harbor Regulations, so called were properly enforced in all cases, it would vastly benefit all parties interested. Resolved, that we considered the present existing regulations in regard to Harbor Pilots, as unlawful— and the exacting their fee o{ >S'sO for each ship aa onerous and unjust to the last degree. It may be true that *o far as the laws of this Port are concerned it is optional with us whether to employ these Pilots or no% but we should, as a punishment for not employing them, be subjected to more trouble and annoyances than the raising of ibe fee would warrant, and incur a great risk of receiving decisions against us, if unfortunately necessitated to a matter in dispute to the de> Cision of the Harbor Master. And also, it is a well understood requirement of the policies of insurance on our ships that we should, wherever we are strangers, employ Pilots if any are provided. It ii also well known that the sea Pilots are willing, and consider it a part of their duty, here, as well as in almost every port in Christendom, to place ships at their proper moorings or in dock before leaving them ; and it seems to us unjust that at this most easily entered port in the world, we should be obliged to employ two Pilots at exhorbitant fees, to take our ihips in, when one is enough and more than ii necessary. 1 his U one of the cases of thorough unqualified extort on of which we have a right to complain. Resolved, That we hail with pleasure the organization of a Chamber of Commerce in this city, as it must tend to rectify many of the abuses whicli are practised upon us here, and promote the establishment of such regulation* and customs as shall go far to assist us in the settlement of differences with neighbours and others, to which neare unfortunately liable from the variance in commercial usages in different ports — that we extend our sincere thanks to that body for the notice already taken of our complaints, and we hereby invite and solicit its co-operation with us in our attempts to bring about a reform — that we recommend all parties having mercantile differences, upon which they cannot arrive at a satisfactoiy settlement themselves, to submit them to the committee of arbitration of that body with full confidence in the obtaining a just and equitable decision according to (acts and mercantile usage?, rather than trust to the distant and uncertain contigency of obtaining justice by a suit at law. Raolved, That as we are at present situa'ed we consider the property entrusted to our care as unsafe, aiiilnhnoit beyond our control. Resolved, That we recommend, for the consideration of the proper authorities, ibe following propositions : Ist. That no sea pilot for the harbour of San Francisco should be entitled to bis fee for sea pilotage until he bat moored the ship safely at the berlli designated by the Harbour Master. And also, that no sea pilot should be entitled to fees for outward pilotage, until he has taken the «hip from her moorings safely to sea, as is usual in other ports. 2nd. That no ship is bound to pay the demands of the Harbor Master, furnished with the harbor regulations within twenty-four hours after arrival. 3rd. That the Harbor Master should be nominated by those most interested in the faithful performance of his duties — as represented by the chamber ot com* merce, the pilot commissioners, or other mercantile bodiei. 4th. That the Board of Health have no right to charge, sue for or collect, from any ship, either Ame. rican or foreign, entering the harbour of San Fran.* cisco, anything moie than a simple visit fee, as in nearly all other ports in the world 5 and that in future we will pay such dem-mds only under protest. sth. That no Hospital money should be paid by the ship or master, except that chargeable by the United States. 6tb. That no one has any riglit, in California or elsewhere, to occupy public highways, to the injury of navigation, for private purposes. Resolved, That our thanks, as ship masters, are due to the mercantile communities of Liverpool and New York, for so ably supparing the proceedings of the meeting of ship masters in Liverpool in regard to some alterations in the dock regulations of their port, in which they not only co operated, but through their perseverence the important suggestions there made were followed up, until iuch alterations are about to be made in the said regulations as will vastly conduce to the comfort and convenience of those of our profession who visit their port. Resolved, That we hereby pledge ourselves to exert our iuflueuce and to use our beit endeavours to interest others to exert themselves to procure a remedy for the above mentioned just and well-founded complaints ; and moreover to procure the enactment of proper laws and regulations by the authorities having jurisdiction, to advocate the appointment of competent officers to enforce the regulations when enacted, and to procure a just and equal administration of the -existing laws. That we feel, that as ordeily, law abiding citizens, which we have ever been— we are bouud to submit to . t! c laws as we find them, though with vrry little voice or influence in their enactment— and we cannot but request that the laws in regard to our interests at now enforced in this State, are but little conducive to the advancement of that respect to which it lias ever been our pride to consider the laws of our country to be pre-eminently entitled. That while we look with pride upon the evidence every where surrounding us in this inferior offshoot of our common country, of the indomitnble energy of the Anglo-American race, and of its peculiar adaptiveness to every soil, to every clime, and to every source of remunerative labor, that pride is nearly reduced by the evidences constantly coming before us of the existence of a ghorOsighied policy on the part of those in power, placing unjust restrictions upon all branches of commerce, that branch of the body politic which more than any other has conduced to place our country in the proud position she now occupies among the nations of (he world, which has been the constant object, mistaken though the course may sometimes have been, of legislative enactments, of judicial decisions, and of enormous outlays on by the general government to cherish and protect. That as Americans we deeply regret the necessity which has called from us this public complint of »n American port; but with full confidence in the honesty of the intentions, and in the justice-loving spirit of our fellow- citiznis here; we have full faith in the speedy aud just correction of the abuses of which we complain. Resolved, That the proceedings be published in the newspapers published in this city and copies of them distributed here and forwarded to the Governor of the State, to the Naval Commander of the Station, to the Secictary of State of the United States, and to all the principal merchants, ship owners, and insurauce companies of the Atlantic ports. The discussion of these resolutions was invited, and a number of captains set forth the grievances to which they had been subjected, and some documents were produced in the case of the Peiuviau barque Joven Adonis. The captain of this vessel stated ihat, upon arriving here, he was informed that there were some hospital dues to be p<.id, and he inquired of the Harbor Master to whom they should be paid. He received no satisfactory answer. Here the matter rested foi several days, when he wab surprised by the service

upon him of an action for -S'lo,ooo. He called upon the attorneys who issued the writ, and was informed that the Buit would be withdrawn upon the payment of 'S'l9o— #2o for health officer's fees ; #45 for hospital fees; #'25 for writs of court, and >SlOO for counsel fees. This bill was paid in preference to defending a suit at law. The veisel brought no passeu. gersi and no notice of the port regulations had ever been served upon the captain. It was stated that ship masters bad been sued once, twice, and three times, for violation of legulations ; and that they knew nothing about any such regulation until they were served witu a warrant for violation. Pilots have moored vessels in improper place*, and when requeited to remedy their errors, have told the masters that they roust apply to the harbour pilots. Every wheie else, it was said, pilots take the ships from the moorings, but here they tell the Gaptain to tak<s their ships'outaide and there they will take charge of them. One Captain said that in June last, on going to Benicia from this port, he was told that be must take a pilot. On replying that he did not require any, he was inFormed that he must pay half pilotage. He went to Uenicia, and the next day a constable was sent to attach his ship. Every sea captain witnesses with regret the operation of these laws, and it was stated that they were complied with only because, under the present organizition of the courts, ib would be folly to resist. The necessity of United States courts,, in California, was strongly set foitli. Capt. Proal said that an impression bad gone abroad among shipmasters, thut when a vessel is to be cleared, the question is asked if the harbour dues have been paid, and that paper 9 are withheld until receipts are produced. Seeing the Collector present he would again inqu'ne whether such wai the fact. Col. Collier replied that it afforded him peculiar gra« tification to meet in this manner so numerous a collection of the persons with whom his duties were immediately related. Many charges had been brought against him, and he would improve the opportunity to make an explanation. The position be occupied was not of his own seeking, and he knew not that the revenue laws had been extended orer California until pressed by the department at Washington to accept the office of Collector of this port. On arriving here he found a state of things existing which suprised him. Four or five hundred vessels in port, his ptedecessor exercising office under military appointment. Many things were done contrary to la»*s and his first efforts were directed to the correction of these violations. Vessels wera seized for violating the revenue laws, and much opprobium was heaped upou the Collector for such seizures. Shortly after the Collector arrived at San Francisco, he received a communication from the American mer» chants, in which it was stated that French vessels, in direct violation of the law, were bringing into this port caigoes from Chile, Mexico, and almost every where under the sun. He was desired to enforce the laws. He enquired of his predecessor if any change had taken place in our relations with France, which would justify such proceedings on the part of French ships. He was informed there had been no change. The department had never communicated with Mr Harrison in any manner whatever. Failing to find any justification for a violation of one of the fitst commercial treaties ever negotiated, he had seized several vessels engaged in what he supposed illegal trade. In April last, "be was informed by the department that a change had taken place in th<* commercial regulations with France, which permitted the traffic he had alluded to. He had gone strictly according to law, as he supposed, and he acted from no motive but to sustain the laws. The main error was in the department not informing him of tbe change in the law. In reference to the seizure of liquor in cases, he would slate that he had positive instructions from the department to put tbe law of 1827 in force. This law authorised the confiscation of the liquor as well as the ship importing it. He regarded the law as operating, in some casei, very severely. This port had hitherto besn regarded as a sort of free port, where regulation", if any existed, were but lutie respected. But he had never refused tbe master of the vessel containing the description of liquor subject to confiscation, to clear out with his vessel, and go whethersoever he chose. He had never detained a ship a single hour under these circumstances, although one half the ship, upon confiscation, belonged to him. Did this exhibit a disposition to bo tyrannical 1 He alluded to the instance of a French master who infoimed him that he had 2)00 cases cognac in his vessel, which he bad learned was illegal. If his vessel was seized lie was a ruined man, for the ship and cargo was bis who'e fortune ; he desired to leave the port. Permission was granted for the captain to go where he pleased, and such had been the uniform proceeding of the Collector in such cases. Col. Collier regarding the operation of tbe health laws ai neither more nor leei than land piracy. They are oppressive and ought not to be tolerated. But Where's tbe remtdy? The ballot box. Send men to the Legislature who will put these doctors out. Col. Collier also commented upon the conduct of the Harbour Master, who, according to his representation is totally unfit to perform the duties of that important office. He would also make an allusion to the subject of Hoipital Money. His predecessor had collected a large amount of this fund, all of which had been paid over to the Quarter Master — and last winter, in the abience of §uch a fund, the Collector found himself powerless to relieve them of sick and disabled seaaien. The funds have since increased. He regarded it as a sacred fund, to be applied solely to the purposes for which it was established. The department authorises the Collector to pay out of this fund, for the suppor of sick seamen, 10 cents per day, per man ; but he had taken the responsibility to increase it to 4S J 2'75 per day, and he should continue to do so, even if eventually he had to pay it out of his own pocket. He had urged upon the department, in the strongest terms, the establishment of a Marine Hospital, and he hoped tbe day was not far distant when such an asylum would be established. The course of the Courts here had sometimes proved very oppressive. An instance was given. A French^vessel came here for supplies. "When the ship anchored, the sailors went ashore and brought suits to recover their wages, Judgment was rendered in their favor, and the cap tain was compelled to give up his voyage, and Sell his oil and vessel, to comply with the unjust and illegal demand which had been made upon him. Even the Collector had been threatened to be put in the chain gang, because he would not change the register of a Biitish vessel which had been sold by a constable. With reference to the particular inquiry of Captain Proal, Col. Collier said he had directed his clerk that interrogatories as to whether pilot fees, ect. had been paid should not be asked ; and his directions were not to withhold papers for one moment upon any such pretence. With the shipmaiters he felt that they had the right j to utter their complaint with trumpet tongues. Their remedy was at hand, and they would stand by their flag, in the abiding conviction that their government would avenge their wrongs, nad that the day would

come when those who hid thus filched from them would be compelled to disgorge. Dr. Rogers attempted a speech in justification of the health laws. Captain Mackensie read a memorial to the Secretary of State setting forth the grievance! of shipmasters and owners, asking for the protection of the government, and that the laws of the genera) government, be extended over us. This memorial will remain in the Merchants' Exchange for signatures, until the sailing of the next steamer. Resolutions thanking Colonel Collier for his co-oper-ation in the purposes of the meeting, and thanking 1 Mr. Delmonico for having kindly tendered the use of his house, were adopted, and then the meeting adjourned.