Plymouth memories of an octogenarian

by William T. Davis

The Court retired, and returning at the end of half an hour, Dr. Lushington, the presiding Judge, then said: “In conjunction with the gentlemen by whom I am assisted, we have considered all the points in this case, which I have suggested as necessary to be determined, and I trust that there has been no omission as to any one of them. We have come unanimously to the following determination: That no rate of sailing by steamers or other vessels can be said to be absolutely dangerous; but whether any given rate is dangerous or not, must depend on the circumstances of each individual case, as the state of the weather, locality and other similar facts. That the rate of twelve and a half knots an hour in a dense fog in the locality where this occurrence took place, must be attended with more risk than a slower pace; but assuming that it might be accomplished with reasonable security, and without probable risk to other vessels, such rate of going could not be maintained with such security, except by taking every possible precaution against collision. That proper precaution was not taken by the Europa: First, she had not a sufficient look-out; second, we think that no proper arrangement was made as to the engines; third, because no person was placed to report to the engineers the orders as to the engines; fourth, because no second person was placed in the wheel house; fifth, that the order to starboard the helm was erroneous. We are of the opinion that if proper precautions had been adopted, the accident might have been avoided, and that the collision took place for want of the proper precautions. With respect to the Charles Bartlett, we are of opinion that a good look-out was kept on board; that she discovered the approach of the Europa as soon as circumstances would permit; that she adopted all proper measures to avoid the collision by ringing the bell and putting the helm to port. Therefore, I must pronounce against the Europa in this case.”

After the decision of the Court was read, Mr. Rothery, the proctor for the Europa, gave notice of appeal. All appeals from the Admiralty Court, which until the time of William 4th were made to the High Court of Admiralty, are now made to the King in council, and are referred to the Judicial Committee of the Privy Council, which committee is composed of the Chief Justice of the Court of King’s Bench, the Master of the Rolls, the Vice Chancellor of England, and other ex-officio officers. The appeal in question was heard by Lord Justice Cranworth, Lord Justice Sir James Knight Bruce, Sir Herbert Jenner Fust, and Sir Edward Ryan, and judgment was delivered by Lord Justice Cranworth, December 1, 1851. It is unnecessary to relate the grounds of the judgment of the committee, as they were for the most part the same as those which entered into the decision of the Admiralty Court. There is one part, however, to which I wish to refer, because it lays down a rule for the guidance of ocean steam navigators, broader and more exacting than any suggested by the Admiralty Court. An important question in the examination of witnesses was whether it would have been possible to stop the steamer, or so far stop her as to enable her to get out of the way within the distance between the two vessels when they were first seen by each other. The preponderance of testimony was that she could not if going twelve and a half knots an hour. The peculiarity of this question is that an answer either in the affirmative or negative would bear against the Europa. If she could get out of the way and did not, she is to blame. If she could not get out of the way, the committee say that “it follows as an inevitable consequence that she was sailing at a rate of speed at which it was not lawful for her to navigate.” The judgment closes as follows: “Their lordships have come to the opinion that the accident was without default on the part of the Charles Bartlett and was through the neglect of the Europa. The consequences will be that the appeal will be dismissed with costs.”

In closing the narrative of this important case it is pleasant to remember the enconiums of the London press on the intelligence and general demeanor of our late townsman, Capt. William Bartlett, as displayed by him during the trial. The master mariners of New England were fortunate in having in a foreign land so worthy a representative.

CHAPTER XII.

The migration from New England and the middle states to California in 1849 and 1850, was one of the remarkable events in the history of the American Union. It was one of those events, of which the history of the world furnishes many examples, accomplishing in the end results far removed from the purposes sought in their conception, and apparently carrying out the designs of an overruling providence, in which man has only served as its instrument. It is a question worthy of consideration, whether the destiny of the American republic would have reached its present measure of accomplishment, without the inspiration which a mere thirst for gold served to excite. It was another of those incidents, of which the Pilgrim colonization was a striking example, which reached its consummation through the aid of the merchants of London, who were looking merely for discoveries of ores of gold and silver to reward their enterprise.

On the 9th of February, 1848, while three Americans were at work repairing the race way of Sutter’s Mill, on the American fork of Sacramento river, a little daughter of Mr. Marshal, the superintendent of the mill, picked up a lump of gold, and showed it to her father as a pretty plaything. The discovery was too important to be kept secret, and a letter written by Rev. C. S. Lyman appeared in the March number of the American Journal of Science announcing it to the world. No news ever spread more rapidly. In the New England states, and in Massachusetts, especially, a wave of migration set in, which was as strong in Plymouth as elsewhere. The time was favorable; the supply of labor was just then greater than the demand, and the temptation to seek wealth in California became almost irresistible. Those who at once made preparations to go were the bone and sinew of the town, carpenters, masons, painters and clerks, and for a time after their departure our streets seemed almost deserted.

Among the first to leave were those who sailed in the Brig Isabelle of Plymouth, Chandler Burgess, Jr. of Plymouth, master, which sailed from New York, January 14, 1849. Her passengers were: Ephraim Paty, Jr., James Burgess, Jr., Freeman Morton, Jr., Stephen Pember, Winslow Morton, George Morton of Plymouth, and twenty-one others.

The schooner Roanoke sailed from Boston, January 19, 1849, carrying Russell Bourne, John E. Sever and Frederick Morton of Plymouth.

The Capitol from Boston sailed in January, 1849, with Rufus Ball, Thomas Atwood, Thomas Wood, James A. Young, Jacob Hersey, James M. Thomas, Daniel Bickford, George E. Lugerder, Adam E. Stetson, George E. Burns, Tolman French and one hundred and eighty-four others.

The Rochelle sailed from Boston, February 7, 1849, with Daniel P. Bates, Wm. Churchill, Josiah Byram, David Gurney and John T. Pratt.