592 IRREGULARITIES —INQUIRY. DeC. 



A person who stated himself to be the master of an English 

 whaler, lying in the harbour, came on board the Beagle, ac- 

 companied by a man said to be the third mate. The former 

 complained of the mutinous state of his crew, who had ill 

 treated this third mate, and then refused to work or obey any 

 orders. Inquiry on board the whaler, showed that the crew 

 had been ill-used, especially as to provisions : and that not 

 only the nominal master, but the chief as well as the second 

 mate were North Americans, (U.S.) The legal master, it 

 appeared, was the so-called third mate, an Englishman. His 

 name appeared in the ship's papers as master; that of the 

 person who had been acting as master did not appear at all. 

 But the acting master, who before me styled himself ' super- 

 cargo,' produced a power of attorney from the owners of the 

 vessel,*' which appeared to authorise him to control the pro- 

 ceedings of the vessel, as he thought proper ; to displace the 

 master and appoint another person in his stead, and in eveiy 

 way to act for the owners, as if he, the American, were sole 

 owner. Nearly all the seamen were British subjects. How 

 far his power of attorney might carry weight against the spirit 

 and intent of the navigation laws, I had much doubt ; but as 

 it appeared to me that the owners in such cases, ought to 

 know their own interest better than other persons could ; and 

 that in suiting their own interest they certainly would add 

 their mite towards the general interest of their country ; and as 

 the supercargo had a circular letter from the Commander-in- 

 chief on the West-India and North American station, asking 

 for the assistance of any King's ship he might meet (with the 

 view of encouraging the whale fishery out of Halifax) ; I 

 refrained from doing what my first impulse prompted — putting 

 an officer on board, and sending the ship to the nearest port 

 (Sydney), in which correctly legal measures might be adopted, 

 if necessary. Meanwhile as the British resident did not think 

 himself authorised to interfere, and disorder, with 'club-law,' 

 were prevailing and likely to continue, in the Rose, I went on 

 board, accompanied by Lieutenant Sulivan and Mr. Bynoe. 

 * The ' Rose ' of Halifax. 



