Page images
PDF
EPUB

XXI. The Captain of a Foreign Merchant Ship, coming to an anchor in the Port, or in the Roads, is obliged, on his arrival, to give a statement of the health of the Ship's Crew; and should, after this, a contagious illness be discovered on board of his Vessel, he must immediately inform the Commander of the Place thereof. The Vessel, according to circumstances, will be either sent off, or put under quarantine, in a place appropriated for the purpose, when the Crew may be cured without putting the Inhabitants in danger of infection. Should the Captain of such a Ship conceal the circumstance, the same will be confiscated, with her whole cargo.

XXII. The Master of a Vessel, at the request the Commander of a Place, is obliged to produce a List of the whole Crew, and all the Passengers; and, should he omit any, he shall pay a fine of 100 dollars for every one left out.

XXIII. The Captains are bound to keep their Crew in strict order and proper behaviour, on the Coasts and in the Ports, and likewise prevent their trading or bartering with the Company's People. They are answerable for the conduct of their Sailors and other Inferiors. Illicit trade carried on by Sailors, subjects the Vessel to the same penalty as if done by the Captain himself; because it were easy for the Captains to carry on smuggling without punishment, and justify themselves by throwing the fault on the Sailors. Therefore, every article found upon the Sailors, which they could not hide in their pockets or under their clothes, to screen from their Superiors, sold or bought on shore, will be considered as contraband from the Ship, and is subject to the prescribed fine.

XXIV. Foreign Men-of-war shall likewise comply with the above stated Regulations for the Merchant Ships, to maintain the rights and benefit of the Company. In case of opposition, complaints will be made to their Governments.

XXV. In case a Ship of the Russian Imperial Navy, or one belonging to the Russian American Company, meet a Foreign Vessel on the above stated Coasts, in Harbours or Roads, within the before mentioned limits, and the Commander find grounds by the present Regulation that the Ship be liable to seizure, he is to act as follows:

XXVI. The Commander of a Russian Vessel, suspecting a Foreign one to be liable to confiscation, must inquire and search the same, and, finding her guilty, take possession of her. Should the Foreign Vessel resist, he is to employ, first, persuasion, then threats, and at last force; endeavouring, however, at all events, to do this with as much reserve as possible. If the Foreign Vessel employ force against force, then he shall consider the same as an evident Enemy, and force her to surrender, according to the Naval Laws.

XXVII. After getting every thing in order and safety, on board the Foreign Vessel, the Commander of the Russian Ship, or the

Officer sent by him, shall demand the Journal of the captured Vessel and on the spot shall note down in the same, that on such a day, month, and year, at such an hour, and in such a place, he met such and such a Foreign Vessel; and shall give a brief account of the circumstance, pursuit, and finally of the seizure. After signing the same, he shall desire the Captain of the Captured Vessel to confirm the same in his

own hand writing.

Should he, however, refuse to sign the same, the Russian Officer is to repeat his summons, in presence of all the Officers, and if, on this, it be again refused, and nobody will sign in lieu of the Captain, he is then to add this circumstance, signed by himself.

After this arrangement, the Journal, List of the Crew, Passports, Invoices, Accounts, and all further Papers, respecting the views and pursuits of the voyage of the Vessel, shall be put up in one parcel, as well as all private Papers, viz; the Journals of the Officers, Letters, &c. and sealed with the Seals of the Russian Officer and those of the Captain and first Officer of the Foreign Vessel. This Packet shall remain sealed with the Commander of the Russian Vessel, until their arrival in the Port of St. Peter and Paul, where it shall be deposited in the Court, as mentioned in Section XXXIII. Besides this, every thing else must be sealed by the Russian Officer and the Foreign Captain, that is not requisite for the continuation of the voyage to the Port of St. Peter and Paul, excepting the effects for immediate and sole use of the Ship's Crew, which shall not be withheld from them.

XXVIII. Having thus fixed all means of precaution, the Officer sent to arrest the Foreign Vessel shall instantly make his report to his Chief, and await his orders.

XXIX. Thus should, by any cause stated in the IId, XIth, XIIth, and XXIst Sections of these Regulations, a Foreign Vessel be subjected to confiscation, in any Port near the Settlements of the Russian American Company, the Commander of that Settlement is obliged, either to ask the assistance of the Russian Man of War, if there be any, (and the Commander of which, on receipt of a written request, is obliged to arrest the Vessel, and use all the precautions prescribed in the foregoing Article;) or, if there be no Russian Man-of-war in the harbour or its neighbourhood, and the Commander of the Settlement find that he and his People can arrest the Vessel by themselves, he then is to act according to the XXVIth, XXVIIth, and XXVIIIth Sections, and, putting ashore the Captain and every means of getting the Vessel away, he must endeavour, as soon as possible, to give information of this event, either to the Governor of the Colonies of the Russian American Company, or the Commander of the Imperial Man-of-war, if it be known where she lie.

XXX. When, in consequence of such a report, the Governor of the Colonies shall send a Company's Vessel, or a Government Vessel arriving, then the Commander of the Place shall deliver up the Vessel

seized, and all belonging to her, and shall report respecting his reasons for confiscating the Vessel.

XXXI. The Commander of the Vessel, taking charge of the Seizure, per inventory, shall examine immediately into all circumstances mentioned, and compare it with the accounts of the Commander of the Settlement, who will give every elucidation required.

XXXII. All Vessels, detained by Russian Men-of-war, are ordered by these Regulations to be brought to the Port of St. Peter and Paul, where the sentence is to be passed on them, by a Court established for adjudging such Cases.

XXXIII. This Court, under the Presidency of the Commander of Kamtschatka, shall consist of the 3 Senior Officers under him, and of the Commissioner of the Russian American Company.

XXXIV. As soon as a Russian Vessel, bringing into the Port of St. Peter and Paul, a Foreign Vessel arrested by her, has come to an anchor in the place assigned her, the Commander of her is immediately to repair to the Commander of Kamtschatka, stating briefly what Vessel he has brought in, the number of the Crew and of the sick, specifying their diseases, and reporting, likewise, whether the Vessel has sufficient victuals, and what goods, guns, and other arms, powder, &c. are on board.

XXXV. The Commander of Kamtschatka, on receiving this Report, will order 2 Officers and a sufficient number of Men on board the detained Vessel.

XXXVI. These 2 Officers, together with the Officers who brought in the detained Ship, when on board, are to summon the Master, and 2 of his Mates, or Men in Command next to him, inspect all the Seals put on the Vessel, and then, taking them off, begin immediately to make an accurate list of all the effects belonging to the Vessel.

XXXVII. This list is to be signed by all the Officers on both sides, who were present in drawing it up. The Commander of Kamtschatka is to use all possible endeavours to secure from embezzlement or damage, all effects belonging to the detained Vessel.

XXXVIII. The Crew of the Vessel is then to be sent ashore to such places as shall be appointed by the Commander of Kamtschatka, and remain there until the close of the investigation.

XXXIX. The Commander of the Russian Vessel is obliged, in the course of 2 days after his arrival at the Port of St. Peter and Paul, to make a minute representation to the Commander of Kamtschatka, of all that shall have happened at the detention of the Foreign Vessel, brought in by him, and to deliver said Vessel, together with the sealed packet containing her Papers, expressed in Section XXVII.

XL. If the Russian Vessel that brought into the Port of St. Peter and Paul, a Foreign Vessel, cannot, for reasons, remain there

until the close of the investigation, but be obliged to proceed to sea in a very short time, the Commander, in order not to detain her, shall use all possible dispatch, by bringing forward the investigation of such points as may require the presence of the Russian Vessel.

XLI. Having settled every thing on board the arrested Vessel, and landed the Crew, the Court immediately shall open the Session, and endeavour to ascertain, as soon as possible, the solution of the inquiry "Whether the Vessel be lawfully arrested or not?"

XLII. In order to ascertain this, the following proofs shall be substantiated:

1. That the Vessel was met with within the Boundaries prescribed in the IId Section of these Regulations, and that her having been within said limits was not occasioned by reasons stated in Section III.

2. That the Vessel is a lawful Prize by virtue of the Sections II, XI, XII, XIV, and XXI, of these Regulations, and Section of the Instructions to the Commander of the Russian Man-of-war.

XLIII. In order to decide either Case, the Court is to inspect all Documents presented, and, tracing on one part all proofs of guilt, and, on the other, all doubts which might clear the Foreign Vessel, summon the Commanding Officer of the Russian Vessel to give all additional information deemed needful, and completing thus all circumstances condemning the Foreign Vessel, the Court shall draw up a clear statement of the reasons of her Condemnation.

XLIV. Should the Court, in making out said Statement, find that the Foreign Vessel has been arrested without sufficient cause, said Court, on passing the Sentence, is to determine the damages suffered by such detention, and furnish both Parties with a certified Copy of this Resolution.

XLV. In the course of 2 days, both Parties shall declare whether they are satisfied with the decision of the Court or not, and in the latter case (should it happen) assign it in writing.

XLVI. Should both Parties be satisfied with the decision of the Court, then the Commander of Kamschatka is to release immediately the detained Vessel, returning every thing to the Master according to the Inventory, along with the adjudged damages, exacting them from whomsoever is to pay the same.

XLVII. If, on the contrary, the Court receive on the third day a Repeal to its Decision, it is bound to take that Repeal into immediate consideration, and finding it just, to change its Decision, if not to confirm the same, and make it known to the Parties a second time. After this, no representations shall be admitted, and both Parties shall be summoned before the Court, which will allow them to make their Protest in writing, and will then state all the reasons, why the Sentence passed should be carried into execution.

XLVIII. If the Court find by the Indictment, that the Vessel has been lawfully detained, then the Master of the Foreign Vessel, or the 2 eldest in command under him, shall be summoned, and the reasons of their detention made known to them, giving them a certified Copy of the Condemnation.

XLIX. The Court is to receive within 3 days, and no later, the representations of the Master, and if he do not present the same within the time limited, the Court summoning him with 2 of his Crew, notifies that his silence is received as a mark of compliance, and that the Condemnation is just.

L. In this case the Court comes to its final decision, which on the following day is communicated to the whole Crew of the Foreign Vessel, who shall sign, all and every one, that such Sentence has been made known to them, after which the Commander of Kamtschatka is to carry the Sentence of the Court into execution, as will be explained hereafter.

LI. Should, however, the Master deliver within the limited time his Protest, then the Court, examining it with all possible impartiality, shall call for all further explanations, and having inserted the whole into the Journal of the Court, shall pass a final Sentence, and pronounce it as stated in Section XLVII.

LII. If by the Sentence of the Court, the arrested Vessel be released, and adjudged to receive damages for her detention, and if the Vessel has been arrested by any of the Company's Officers, and the damages are not above 5,000 rubles, the Commander of Kamtschatka shall demand immediate payment of said sum, from the Office of the Russian American Company; but if the damages exceed that sum, he is to notify it to the Company's Office, and give to the Foreign Master a Certificate; but the money cannot be paid by the Company, otherwise than after the inspection and resolution of its Courts of Directors. If, on the other hand, the Foreign Vessel has been detained unlawfully by a Russian Man-of-war, the Commander of Kamtschatka is to pay the adjudged damages (not exceeding the sum of 5,000 rubles) out of any Government sum, and to report, in order to incash it from the guilty; but if the damages should exceed the sum of 5,000 rubles, the Commander of Kamtschatka is to furnish a Certificate for the receipt of the money, after the regulation and confirmation of the Russian Government.

LIII. The reimbursement of such damages as may have been incurred by unlawful detention, shall be exacted from the Commander, and the Officers of the Man-of-war, who, having been called by the Commander to a Council, shall have given their opinion that such a Ship ought to be detained.

LIV. As soon as a Foreign Ship is sentenced to be confiscated, the Commander of Kamtschatka is to make due arrangements for transporting the Crew to Ochotzk, and from thence to any of the Ports in the

« PreviousContinue »