against cloudy weather, light winds and strong, but variable currents, reached a point which, from the peculiar colour of the cliffs, was named Redscar, near which we found anchorage, from whence a very high mountain was discovered in the interior, distant about forty-four miles, that rose to the height, by rough measurement, of 12,800 feet: as this was the highest part of the main range, and situated near the point in where M. Dumont Durville terminated his examination of the coast, it was named after him.

After leaving Redscar Point, we proceeded towards Cape Possession, we made sail for Cape York, carrying deep water across towards Bligh's Entrance, off which we obtained soundings in 66 fathoms, which gradually decreased as we approached Bramble Bay, under the lee of which we obtained good anchorage for the night, and then made the best of our way to Cape York, where we anchored on the 1st October, and on the 2nd, the "Sir John Byng" arrived from Sydney with stores and provisions.

THE MERCHANT SERVICE BILL.

"That Ship is in perfect discipline, that displays the union of external regularity and internal order, with the experience of contentment and happiness on the part of her crew."

Ship Barham, January 7th, 1850.

MR. EDITOR.-As my letter of the 9th of November, on the defective condition of the Merchant Service, and addressed to the Right Honorable the President of the Board of Trade, elicited some remarks and observations on that important subject from several of my professional friends, I was induced to write again to Mr. Labouchere, on the 12th of January, and urge the necessity of inserting a clause in the Merchant Service Bill, for the purpose of effectually checking and controlling the very serious and frequent offence of seamen refusing to serve after they had bound themselves by subscribing to the Ship's Articles.

From the information which I have obtained, it appears that this offence is of such common occurrence at other ports, that ships have been detained a considerable time, and a heavy expense has been in. curred thereby; and that in most of the cases, the seamen themselves, had no just or reasonable grounds for the violations of their pledges. Moreover, I have been assured that the only redress commanders of ships could obtain, was the stoppage of a seaman's wages, whilst he persisted in his refusal to do his duty, and that, unless he declared that he would not proceed to sea, in the ship to which he was bound, summary measures were considered as beyond the jurisdiction of a magistrate.

It is therefore, obvious, that a grievance so inadequately provided for in Act 7th and 8th of Victoria, demands revision, and a sure and certain remedy. Under this conviction, in my own mind, I suggested to

Mr. Labouchere, that a clause should be inserted in the Merchant Service Bill, empowering Magistrates to issue a warrant for the immediate apprehension of every seaman, who may refuse to serve, and also afford those summary means of redress which the case would require. It is very evident, that good order and discipline, so essentially wanting to improve the condition of the Merchant Service, cannot be obtained unless a frivolous and vexatious refusal to serve is effectually eradicated. This evil prevails more in harbour than at sea, and is, in some instances, owing to a laxity of discipline when the commander is on shore, and when officers fail in upholding their authority, and betray a want of due judgment and discretion; whilst other cases prove that a love of change, the hope of indulgence on shore, and the probability of obtaining a higher rate of wages in another ship, are the causes which lead to this dereliction of duty, and breach of trust. But I have no hesitation in saying, that the majority of cases of this nature, prove that the conduct of seamen is exceedingly reprehensible, and would occasionally bear the stamp of a decided spirit of conspiracy or combination; because there are many proofs of more than half a ship's company striking work without the slightest provocation, or any reasonable cause of complaint against either their ship or their officers; and it is very certain, that when once a seaman has refused to serve, and persists in that refusal, the penalty he incurs of the forfeiture of six days' pay for every day he is off duty, very soon exhausts the balance of his wages, and renders him callous to ulterior consequences. Some cases of this description (within my own knowledge) would warrant the commitment of seamen for a conspiracy, and send them before a higher tribunal; but magistrates have been deterred from that alternative, because the detention of the ship, and serious losses would inevitably be the result of such a determination.

The following extract from a letter from the chief officer of the Barham, to my address, affords a remarkable instance of unprovoked and outrageous conduct, and a determination to quit a ship, and as it occurred on board one of the best regulated ships of the Merchant Service, it forcibly exemplifies the insubordination which is prevalent amongst seamen, and proves the necessity of amendment and reform, because it shews, that when seamen cannot obtain a discharge at their own will and pleasure, they will proceed to any extremity of violence to gain their end. "I beg to forward you a statement of the assault made upon me by three men in Calcutta, their object being to get their discharge from the ship, which they accomplished. I was seated at the cuddy table at breakfast, when a man of the name of May, came into the cuddy in a most impudent way, with his hat on, and said, (without preface of any kind,) 'Are you going to give me my discharge?' I, of course, said No, but if you do not go out of the cuddy immediately, I shall turn you out;' and I got up at the same time to put my threat into execution. I walked towards him, and he to me, and when we met at the end of the table, I had not the slightest idea that he was going to strike me. He then made use of a most in

He

famous and abominable expression, and said, 'You will, will you.' up with his fist and hit me one blow in the chest and one in the side. I closed with him at once, and we fell together on the cuddy deck. I called for the second officer, when we put him in handcuffs, and got him below to confine him in one of the lower cabins, he struggling and kicking most furiously the whole time. But just as we were doing so, two other men, Shaw and Robinson, came to his assistance, and one took off his shirt, and they all then began, the man with handcuffs, and the other two, to do us as much bodily harm as they could. Having three men now upon us, and not liking to use my fists to them, and not knowing how many more would join them, I called upon the second officer to desist, and we let them go, when we wrote off to the magistrate (Mr. Patton) at once, and took a warrant out against the three men for assault; the result of which was, that two of them were committed for three months to prison, and one for two. This is a correct statement of the case: I know of no reason for the man striking work, but the one that he wished for his discharge, and had no other means of getting it."

(Signed)

J. W. VAILE.

Under these circumstances, it affords me much pleasure and satisfaction by giving publicity to the following reply to my letter to Mr. Labouchere, and as the Merchant Service Bill is now before the House of Commons, I sincerely hope and trust, that Mr. Labouchere's zealous endeavours will have the full effect of improving the discipline, and ameliorating the condition of the Mercantile Marine:

Board of Trade, February 25th, 1850. SIR. I am directed by Mr. Labouchere to acknowledge the receipt of your letter of the 12th ultimo

Mr. Labouchere desires me to thank you for your suggestion, that a clause should be introduced into the Merchant Service Bill, to enable a Justice to punish a seaman refusing to serve after having signed an agreement, and to say that he is disposed to introduce such a clause into the Bill. I am, &c. (Signed)

J. F. BARING.

C. Biden, Esq. In my letter of the 12th of January, I also strongly recommended that the method of keeping a Ship's Log in the Merchant Service, should assimilate as nearly as possible to that form which is observed in the Royal Navy, and that at all events, a uniformity of system should be ordained to enforce the reckoning according to civil time. This form is in use on board some ships in the Merchant Service, whilst others persist in reckoning according to nautical time, and much con

* My letter was despatched via Southampton, by the steamer on the 14th of January, and the reply reached me on the 2nd instant, occupying seventy-eight days, which for celerity and punctuality is worthy of remark.

† I am indebted to the Editor of the "Bengal Hurkaru" for this suggestion.-C. B.

[We recommended the same in 1841.-ED. N.M.]

fusion, and great difficulty in obtaining a true record of proceedings has resulted from such a diversity of practice, whereas, an improved method would tend to facilitate enquiry and research regarding the force of the wind, the state of the weather, and the currents of the ocean, together with other phenomena, both useful and interesting to that important object in view; which, under the able and talented investigation, adopted by Colonel Reid, Mr. Piddington, and other persons, has already afforded much valuable information, in furtherance of scientific pursuits, and especially for the guidance of mariners and the safety of navigation.

As Mr. Labouchere has declared his intention of amending and improving the method of keeping a Ship's Log, by introducing a clause in the Merchant Service Bill to that effect, I have no doubt that every well devised plan for obtaining that desirable object, will not fail to receive his favourable consideration.

The disaffection of seamen in the Merchant Service, and their unruly conduct is a national concern, and that this evil spirit is mainly owing to the insufficiency of our Maritime Laws cannot admit of a doubt, and there can be but one opinion, that a just and an equitable system of order and control, such as shall well define the limits of authority on the one hand, and the ties of obedience on the other, is essentially wanting. Tyranny, oppression, and ill usage should never escape with impunity, and when seamen are well protected, ably commanded, and have no just cause of complaint; most assuredly the laws of their country should clearly and distinctly provide the means of enforcing that system of discipline and good order, which the interests of those who are entrusted with command require, and which those who are bound to obey should be forced to observe: the welfare and prosperity of navigation and commerce, and the security of life and property demand that measure of protection, and it should no longer be withheld.

Indulging in the hope and expectation that Mr. Labouchere's Merchant Service Bill, aided as it will be by the benefit of all those suggestions, and that practical experience which can be brought to bear upon it, will realize the best wishes of every true friend to the maritime interests of our common country.

Madras, April 12th, 1850.

I am, &c.

CHRISTOPHER BIDEN, Attendant Master.

As a further proof of the necessity of more summary and stringent means of preserving discipline, and for the prevention of desertion, I will briefly relate that a ship of 500 tons, laden with coal, arrived here about a month ago, without any shew of disaffection or insubordination among her crew; but when half her cargo was discharged, several of the ship's company, led on by the boatswain, and two other turbulent characters, demanded their discharge, which the captain, mildly, but firmly refused, and at the same time, he enquired why those men wanted their discharge, when they alleged several frivolous reasons.

The

following day these men made another attempt to obtain their discharge, which was resisted. They then betrayed a spirit of insubordination, refused to do any more duty, and on the hands being turned up to muster for the purpose of ascertaining whether there was any cause of complaint, those three men, in a very insolent manner, declared that the ship was leaky, old and rotten, and unseaworthy, and that they would not proceed to sea in her. The captain reported all that had occurred to the magistrate, the men were forthwith apprehended, and without loss of time, they were brought before the Bench. At this time, their bad example had led away five more of the crew; in their defence they stated that the ship was unseaworthy, and that they would not go to sea in her. It was then determined, with the concurrence of the captain, to have the ship surveyed, and send the seamen on board to their duty, pending the result of the survey. On the following day the survey was held by the Surveyor of the Port, the Assistant-Master Attendant, and two ship carpenters; their report declared the ship to be staunch and sound, and perfectly tight. This was made known to the crew; but not. withstanding, the refractory portion of the crew persisted in their refusal to go to sea, and set their commander and officers at defiance. They were again apprehended and brought before the Police, where the survey report was read to them. They still persisted in their resolution, and five of the worst characters, including the boatswain, were sentenced to thirty days' imprisonment, the expense of the survey to be deducted from their pay, together with the forfeiture of their wages and clothes. The other men were sent back to their ship; but when the ship was got under way to proceed to another port, they again refused to serve, and the ship was brought to anchor, and two days were lost before this ship's crew could be completed. These men were, of course, sent on shore, and to enable the captain to supply their place, he was, in a manner, compelled to yield to their escape, by submitting to an exchange with other discontented seamen from another ship. This case proves a base and an unprovoked conspiracy, and the magistrates were prevented from committing the prisoners for trial before the Supreme Court, because it would have detained the ship at an unsettled season of the year; and as she was chartered, the consequences might have seriously injured the prospects of her voyage.

I am, &c.

CHRISTOPHER Biden.

To the Editor N.M.

SPONTANEOUS COMBUSTION OF COAL, AND THE LAMENTABLE LOSS OF SHIPS AND LIVES CAUSED THEREBY.

MR. EDITOR. The numerous instances of ships taking fire through spontaneous combustion, and the number of ships and lives which have been lost from the same cause, have so repeatedly been brought before

No. 7.-VOL. XIX.

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