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The Sydney Gazette and New South Wales Advertiser (NSW : 1803-1842) (about)
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Cite: http://nla.gov.au/nla.news-article2542396
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SYDNEY GAZETTE.
TUESDAY, AUGUST l8. 1840.
Merchant Seamens' Act.
WE are delighted to perceive that at length steps are likely to be taken by the Colonial Go- vernment to rectify, if not entirely to suppress the crimping system of Port Jackson. To Captain Burnett of the ship Broxbornebury, too much praise cannot well be accorded. He has in a manly, straight-forward, and respect- ful manner, called the attention of the Govern- ment to the grievances to which he has been subjected, owing to the inefficiency of the law, as amended by Sir James Graham's most pre- posterous measure, known as the Merchant Seaman's Act ; but the evils to which this said Act gives rise, bad enough though they be, are immeasurably increased by the crimps, whose abominable traffic, we feel fully persuaded could not be carried on, if the Police did its duty.
His Excellency, in reply to Captain Bur nett's suggestion, contained in the letter, which we subjoin, states, and truly, that the Colonial Government has not the power to pass an act. enforcing penalties, greater than those provided for in the Imperial Act.
We would however suggest to His Excel- leney and his Honorable Council, that His Ex-
cellency has the power to pass an act, which would have the effect of checking to a very great extent, the evils complained of by the master mariners visiting this port. This Colony being a penal Colony, His Excellency has most un questionably a power vested in him to enact laws, and to establish regulations for the secu- rity of the prisoners committed and assigned to his custody and safe keeping.
Upon these grounds therefore, His Excel lency may institute regulations, respecting boats plying to and from any part of the Har
hour of Port Jackson.
Every owner of a boat, should be compelled to have his name and residence painted on some conspicuous part of his boat, whether used as a pleasure boat or otherwise ; and every boat should be numbered and registered in the Har bour Master's office ; and at the office of the Water Police Magistrate ; and any boat found on the water, within the Heads of Port Jack- son, not having the name and number on it, as before described, should be seized and sold ; and the person or party in charge of the boat, at the time, should be compelled either to give up the real owner of the boat, refusing to do so pay a fine of 20 ; or be imprisoned for
one month.
After sunset, the Water Police should be in-
)
structed to board and examine any boat found passing or repassing from one part of the har- bour to another; and if the boat so boarded, should be found to contain seamen, or even seamens' clothes, the party in charge of such boat, should be compelled to give a satisfactory account of the contents of his boat, or failing so to do the police should detain the boat and keep the party in the boat in custody until the following day, when the Water Police Magistrate should investigate the affair, and commit, or discharge, as the case might justify.
Ships laying alongside of the different wharfs cannot so well be protected by any vigilance of the commanders and their officers, but the police on shore might, if they did their duty, throw a great many obstacles in the way of seamen intending to desert from their ships, by arresting any sailor found in the streets or public- houses after nine o'clock, unless such persons could produce a pass signed by the commander of the ship to which they belong. And to pre- vent injustice to men having been legally dis- charged from their ships, such men should be registered, at the Water Police Office, and be furnished with a pass from the head of that department, which pass should contain a full description of the person of the holder.
Ships on entering Port Jackson should be boarded by an Officer of the Water Police, to whom the Commander of the ship should de- liver a descriptive list of the seamen belonging to the ship, with a true copy of the ship's articles; the Boarding Officer should then muster the crew, and carefully examine every man to see that the descriptive list is correct. Ships leaving port should be boarded between Pinchgut and Watson's Bay by the Boarding Officer of Police, and it should be his duty to compare the list given to him upon the ship's entering the port with the one presented to him at the time of her intended departure. Upon discovering that different hands have been shipped, he should enquire in what ship they came to the Colony, and why, and how they came to leave that ship, and if they have left their former ship without a legal discharge, such men should be taken into custody, and be returned to the ship from which they had de- serted, and the commander of the ship taking men not duly discharged should be fined in a penalty not exceeding £20, and not less than £5, for every man so entered in his own ship ; by means such as these, crimping and desertion would receive a very effectual check.
As to mulcting a seaman of four days pay, it is truly ridiculous; Jack would willingly forfeit a month's pay for a week's play. Sailors do not calculate so nicely the loss or gain of a few shillings, if they did, they would not so easily become the dupes of the infamous blood sucking scoundrels who live upon their folly, vices, and credulity. Neither do we approve of imprisoning seamen in our miseiable gaols; the wretches they are compelled to herd with in a Botany Bay Gaol are not of a description to benefit poor Jack either, by precept or ex- ample. If imprisonment be necessary, erect one on one of the small islands, or fit up a Hulk for maratime offenders committed under the Water Police Regulations. Prevention is better than cure ; and we feel convinced that the suggestions we have thrown out, if acted upon, will go a very great way towards reme- dying the abuses so justly complained of.
The tone of His EXCELLENCY'S reply to the Commander of the Broxbournebury, very plainly exhibits His EXCELLENCY'S desire to redress the grievances complained of; and if the hints we have offered, should tend to assist those, who are to deliberate upon the subject, with a view to legislation, we shall be very glad. We have often thought of the subject, and we have more than once, stated our opinions respecting it, but we felt fully convinced at the time, that until the master mariners took the matter up, little or nothing would be done. We have been in most parts of the globe to which British ships trade, and we may say, without risk of contradiction, that there is not a port in the civilized world, so injurious to to the shipping interest, nor so pernicious to the character of British Seamen as this. As some measure is shortly to be dis- cussed touching this subject, we shall offer no further remarks for the present.
The two following letters we have been autho- rised to publish, and we do so with great pleasure.
To Hu Excellency Sir GEORGE GIPPS, Coiei »or, 8¡c. Sp.
SIR,
J had the honor of addressing your Excellency on a former occasion relativ« to seamen, and have now to state, 'hat I ara at a serious hne by the detention of my ship which is ready for sea. I bave, wilb a view to oblaiu a new crew, advertised for seamen to apply at the Sailors' (lune, the magittratea having advised ma not to apply to the Crimps. Since that date I have only been enabled to get four teamen, and on Monday last, seven of my crew shipped ia London, refused to perform their duty on some fuvolouB pretence, for which the Magistrates mulcted ?hem of four days' pay and sent them on board ; they however found their way to H. Bl. S. Herald, and four of ?he seven have put their names down for that ship. Should they be received, I hope your Excellency will intercede in my behalf to have them sent back.
1 found myself under tbe necessity at last, of applying to the Crimps named Jones and Johnson, who have, from day to day promised to have as many seamen for me as I want, vis.:-seventeen; but to this moment they have not ihipped one. The four men I shipped I have been obliged to give £$ 10s. per month, and this morning Johnson told me the seamen yet to ship required higher wages, and in the face of all this, the stieets of Sydney, day anil night, are iwai ming with seamen ; the greater part of which, if not all, are deserters from ships at some period. I have now tried every means of getting men that I know of hera without success, and now feel myself compelled to apply lo your Excellency for advice, as to what steps I should 'axe, in order that I may proceed on my intended voyage, which I would have done with great ease 14 days ago, had tau« been such laws in fore« hera u would have compelled
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my seamen ton main with) h ship ; at the same time I beg to j state to your ESK Heney, that 1 am not tbe ualy shipma-ter in hsibourin a like positon, aril of them depending on the Crimj », who are now holding <the reamen back in older to raise the wage*. Tiustra^ your Excellency will be able toassiit nie, thrmish the Magistrates, lo get my ship away from lins portas I fear I «ill he too late for the monsoon to pass through 'Ierres'Strai s. I have the honor to lemnin,
1 Your Excellency's most obedient servant,
JOHN BURNETT,
Miip Bioibomebwy
The fallowing was immediately received in
answer to the above :
Gtnieritjnent House, Sydney,
5th August, 1840.
Sin,
I am desired by Sir George Gipps to acknowledge the receipt of jour letter of ibis day, and to say that His Ex- cellency feels obliged to you for the information contained in it, which may be of use in the attempts which are now being made to find a remedy for the evils complained of hy masters of vessels resorting to Sydney.
His Excellency regrets it is not ia his power to afford you any assistance in procuring a law ; and he is doubtful whether it will be in the power of the Local Legislature to add tj the penalties to which Bunsil teaman are subject by the Art of the Imperial Parliament, ex pre^ly pasted for the regulatioB'of the Merchant service (5 and 6 Wm. IV.
c. 19).
1 he subject is however undergoing the most attentive
consideration.
His Excellency desires rae to add, that he has no power whatever to .interfere with the Captain of Her Mnjesly s ship Heiald in the entry of seamen for Her Majesty's
service.
I have the honor to be, Sir,
Your very obedient servant.
HENRY WATSON PARKER,
Primi« Secretary, John Burnett, Esq., } Commanding the Bxozbornebury. .$