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Updated: June 8, 2025
The charter-party in this case describes the charterers, J. Sescau and Co., of Antwerp, as agents of the supreme Peruvian Government. But if so, why was it not certificated by the government, as was done in the case of the Washington, captured and released on bond by this ship?
I do hereby acknowledge that I have received from you, Messrs. Laird Brothers, or to their order, or to their representatives, who shall on due delivery of the said freight pay me the sum of 2,000 L. inclu- sive, according to the charter-party, and damages in addi- tion, according to the usages and customs of the sea.
Our ship was on a trading voyage, and had a supercargo on board, who was to direct all her motions after she arrived at the Cape; only being limited to a certain number of days for stay, by charter-party, at the several ports she was to go to.
There is another ground for holding the charter-party void and no contract, instead of regarding it as only voidable, which is equally against authority, which nevertheless I have never been able to answer wholly to my satisfaction.
"We must risk that. It isn't a matter one could make out a paper agreement over, and sign our names to across a charter-party stamp. But I think, from what I saw of him, Taltavull is not the man to do an unfair thing to any one who treats him well. But, as I say, we must be prepared to risk it." "All right then," said Haigh; "so far as I'm concerned, I'm quite willing. You do the recruiting.
The Lady Juliana being the only vessel, which was at that time in the country, Governor Phillip was obliged to send her to Norfolk-Island with a part of the provisions; and had not that ship been chartered for China, he proposed sending the Sirius's officers and men to England in her; but this intention was laid aside, as the master of her informed him, that it would be attended with a loss of more than six thousand pounds to the owners, and consequently might occasion an expence to government, which would exceed what attended their remaining a few months longer in the country: besides, he was not willing to break through the charter-party, as other ships were coming out.
Kemp, could give a pot of money, the captain could never show his nose in there again after breaking his charter-party to help steal a young lady. And it isn't as if she were nobody. She's the richest heiress in the island. The biggest people in Spain would have their say in this matter. I suppose they could put the captain in prison or something. Anyway, good-by to the Havana business for good.
I therefore told the French captain that we had taken them up in their distress, it was true; but that it was our duty to do so, as we were fellow-creatures, and as we would desire to be so delivered, if we were in the like or any other extremity; that we had done nothing for them but what we believed they would have done for us if we had been in their case and they in ours; but that we took them up to serve them, not to plunder them; and that it would be a most barbarous thing, to take that little from them which they had saved out of the fire, and then set them on shore and leave them; that this would be first to save them from death and then kill them ourselves; save them from drowning and then abandon them to starving; and therefore I would not let the least thing be taken from them: as to setting them on shore, I told them indeed that was an exceeding difficulty to us, for that the ship was bound to the East Indies; and though we were driven out of our course to the westward a very great way, which perhaps was directed by Heaven on purpose for their deliverance, yet it was impossible for us wilfully to change our voyage on this particular account; nor could my nephew, the captain, answer it to the freighters, with whom he was under charter-party to pursue his voyage by the way of Brasil; and all I knew he could do for them was, to put ourselves in the way of meeting with other ships homeward-bound from the West Indies, and get them passage, if possible, to England or France.
Yet he managed to keep on running after her, as much as she managed to run away; for he had been down now into the hold of his heart, searching it with a dark lantern, and there he had discovered "Mary," "Mary," not only branded on the hullage of all things, but the pith and pack of everything; and without any fraud upon charter-party, the cargo entire was "Mary."
It was evidently a stipulation of the charter-party that the ship should, in part at least, provision her crew for the voyage, certainly furnish their beer. Bradford mentions "aqua vitae" as a constituent of their lunch on the exploring party of November 15. Wine finds no mention. By the will of Mr.
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