Narrative of the surveying voyages of his majesty's ships Adventure and Beagle (vol.2): between the years 1826 and 1836 : describing their examination of the southern shores of South America, and the Beagles's circumnavigation of the globe

592 IRREGULAlilTIES — INQUIllY. 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 every 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 countiy ; 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.