MARITIME LAWS.
Maritime laws were established (as stated in a pamphlet published in the year 1832) by Matorvei Father Gapa, (a practitioner in law,) at Macassar, in the Hejera 1087, on Monday, the seventeenth day of Moharain. The first five sections relate to the rate of freight and passage-money, to and from various places, and explaining a mode of trade, existing to the present day, in the east. A person having goods, either natural produce or manufactured, puts his articles on board a prahū, going to any place where he can find a market: these goods pay a per centage freight, as laid down by the law, and the passage-money is included in that charge; and during the voyage, he takes part in rowing or sailing the prahū, &c., &c.
The sixth treats on the freight of money. If the amount is one hundred and ten real, or less, it pays no freight; but if it exceeds that sum, it pays one half the charge on goods to the same place. The people of the prow (prahū) are not allowed to land if the master does not receive the full freight; and further, they must assist in bailing the water out and fastening the boat: nor are they to be freed from their charge till she is laid up for the season. The seventh, eighth, ninth, and tenth sections, treat on a mode of shares in trade and shipping, viz.:—Seventh: if the owner of the prahū send a man in charge of her, or if he let her to any one in the season, and furnish the turobatu and turomudi, together with crew, and arms and stores sufficient, and the boat should be damaged or lost, through the neglect of the crew, &c., in that case they must make good the damages, or loss of the boat: the shares of the turobatu and turomudi, and the expenses of the prahū, being first paid. Eighth: if the person who sails the prahū, also furnish the turomudi, turobatu, the crew and arms, then the owner and the captain go equal shares, after the turomudi, turobatu, and the expenses of the outfit, are adjusted.
Ninth: if the owner of the prahū gives her in charge to a captain and the latter provide turomudi, turobatu and the crew, then the profit is divided into three equal shares; two are taken by the owner of the prahū, and one by the captain or person who charters her for the trip; but previous to the division of the profits, the shares of turomudi, turobatu and expenses of the prahū are always paid.
Tenth: if the owner of the prahū furnish the turomudi, and the captain provide the turobatu, and both go equal shares in the expenses of the crew, arms, and outfit, &c., in that case the profits are divided into two equal shares, between the owner and the captain, after the turomudi, turobatu, and expenses of the prahū are paid. If the persons who sail the prahū furnish the turomudi, turobatu and crew, arms, &c., then the profits are divided into three shares: two shares go to the person who navigates her, and one to the owner. The turomudi, turobatu and expenses of the prahū being first paid; if there be a previous contract or agreement between the owner and the navigator, in that case, the law takes no cognizance in the matter: if not, the law directs as stated above.[†]
The eleventh, twelfth, and thirteenth sections regulating the amount of passage money, have, no doubt been framed principally, if not exclusively, in consideration of the practice of carrying slaves to distant parts for sale, since women are included, who otherwise never travel by water. The fourteenth and last section, lays down the principle of a court of native admiralty law, but the latter part is vague, as well as arbitrary; it is as follows: the captain is king while at sea, and his will is absolute law, from which there is no appeal; but if the turomudi, turobatu and the whole crew unite without one dissentient voice, they can overrule the will of the captain. The turomudi and turobatu hold the rank of prime ministers while on board the prahū. If any matter of difference arise between the crew, the captain, and turomudi, and turobatu, shall sit in council, and give judgment in the case; and if they should pass the sentence of death it must be executed; nor can any judgment given at sea be disannulled after the prahū is returned to port. If an affray or murder should take place among the crew, and the king’s son be involved, or if a freeman should kill a king’s son, in either case the captain is not held responsible on his arrival into port, by virtue of the power delegated to him by the king.
We sailed from Singapore at midnight, on the eleventh of May, intending to pass through the straits of Rhio, and to touch at the Dutch port of that name in the island of Bintang. This port is the resort of American vessels; being excluded from Singapore, they are obliged to carry on their trade by means of coasting craft, between the two ports, which causes an additional expense of about two and a half per centum. The wind being contrary from the southern quarter, and the strait very narrow, we were compelled to pass again through the straits of Singapore, between the Malay peninsula and Pedra Branca (white rock) into the China sea. The current being at times strongly against us, and the wind very light between S. W. and S. S. E., the ship was frequently brought to anchor in the China sea, which we found generally very smooth. On the eighteenth, we saw Pulo Toty—on the day following, the “Gooning” mountains on Banca. On the twenty-second, we anchored near the woody island of Gaspar, and sent a boat on shore, but not an inhabitant was discovered, it being only an occasional place of resort for pirates. On the twenty-fourth, we anchored in the straits of Gaspar, between the islands of Leat and Banca, and remained there till the thirtieth, the wind being from the southward, and contrary, and the current setting to the northward, from half a knot to three miles per hour; it being rather feeble between eight and ten, in the morning, and strongest towards midnight.
ARRIVAL AT BATAVIA.
On the evening we anchored in the straits, we discovered twenty-one piratical proas off the north end of Pulo Leat, and fourteen off the southern point; rockets were thrown up by vessels stationed midway between the squadrons, during the night. The ship being in readiness for action, it is probable they discovered lights from the battle-lanterns on the gun-deck, during the night, for in the morning only a few scattered vessels were to be seen. We were at length released from this unpleasant strait, which has shipwrecked so many lives, either by being drowned, or else murdered by the savages which infest them, by a fine leading breeze, passed safely into the Java sea, through the great group called the “Thousand Islands,” and anchored on the fifth of June in the unhealthy roadstead of Batavia, where at length we found the United States’ schooner Boxer, Lieut. Comdt. Shields, at anchor awaiting our arrival. Having received a very hospitable invitation from Mr. Forrestice, an American merchant, of the first respectability, to reside with him at “Fancy Farm,” his beautiful country-seat, three miles from the city, I accepted his kind offer and remained there for nearly two months. According to history, the Portuguese first visited Java in 1511, an ambassador having been sent there from Malacca. The Dutch arrived in 1596, settling first at Bantam, but they afterward removed to Jacatia and in 1618 it was seized by them, and all the inhabitants put to the sword who did not seek safety in flight; the walls of the ancient city were razed to the ground, the town burnt, and nothing remained but the name. On this spot was the present city of Batavia founded. The island, with the exception of five years, from 1811 to 1816, when it was in the possession of the British, has been held by no European nation, but the Dutch. The island of Java, called generally by the natives Jawa, is in a straight line to its extreme points six hundred and sixty-six statute miles: and in breadth, from fifty-six to one hundred and thirteen.
The origin of its name remains still in great uncertainty. The northern coast is low, and generally swampy and unhealthy. The southern coast, on the contrary, consists of a series of perpendicular rocks, but, generally speaking, it is low and swampy; in some places suddenly rising into hills, as about Angier. The largest mountains have an elevation of from five to twelve thousand feet—they plainly show their volcanic origin. The western part is called the Sunda country; and the eastern the Javan, or the country of the true Javanese. They occupy nearly equal parts; different languages are spoken in the two districts, mixed a good deal with Malay, which is almost wholly spoken on the seacoast. Java, like most mountainous countries, is extremely well watered; but the size of the island precludes the possibility of there being any large rivers. The rain commences with the westerly winds, in October, is at its height in December and January, gradually subsides in March or April, and is succeeded by easterly winds and fair weather.