Quebec Gazette #4689 01/09/1834 Page 3, Col. 2T.
	The following is an account of the vexatious case of the bark Sapphire, R.H. Newby, Master:     On the 26th May, 1834, James Brotchie was shipped on board of the Sapphire, of Newcastle-upon-Tyne, R.H. Newby, master, (then laying in the port of London), upon the recommendation of a gentleman of high respectability. On the first day of June, the vessel sailed from London, bound for Quebec, where she arrived on the 27th of July, 1834.     Before sailing, the said James Brotchie had one month's advance, viz: £4 10s, which was his wages entered on the articles, as chief mate. After arriving at the ballast-ground, Quebec, James Brotchie sent ashore, by some means, for a supply of brandy; after that he was constantly stupid with the drink, and went about confounding all orders, by talking to the men and contradicting the master's orders; neither working himself, nor suffering others to work.     On the 31st July, he was very insolent to the master, whilst getting under weigh at the ballast-ground, and so annoyed the crew while heaving at the windlass, that the vessel had a very narrow escape from getting on the rocks on the Point Levi side. After this, in coming towards Diamond Harbour, without orders, he let go the bower anchor in ten fathoms water, which all those who have any knowledge of nautical affairs must consider very serious misconduct; besides preventing the vessel from getting moored in her proper place with that tide, and very narrowly escaping running on board of the ship Backwell, of London, then moored off the Bethel Chapel, and from being run on board of by the bark Baltic Merchant, then bound down the river. The next morning, in contradiction to the master's instructions given him repeatedly before, he took upon deck all the full water casks, before any deals were taken into the hold to stiffen the vessel, thereby putting the vessel in imminent danger of falling over and totally upsetting.

That afternoon, when the master came down from Sillery Cove with a raft of deals, he found the ship in a most disgraceful state of confusion. The mate, James Brotchie, had called some men on board from some other ship, I believe the John of Newcastle, and going with them into the cabin, had taken porter from the master's private locker, and with that and his own brandy made the carpenter so drunk that he was obliged to be put to bed; he then took the steward by the legs and threw him down the steerage ladder; he had left the hold, and the men were putting in the cargo of deals, without any person taking account of them. These and many other things, so irritated the master's mind, that he felt the conduct of the mate extremely reprehensible, and reprimanded him in consequence thereof; but the mate said, and persisted in saying, that he had not done anything wrong. This passed, and the master set off at tide time, (about 3 A.M.) for a raft of deals, charging the mate to be diligent, getting the people to work early; but, instead of that, when the master returned at twenty minutes to seven, A.M., there was no work begun, although five men were employed from the shore, at 4s. per day; the stower also complained to the master that the mate prevented the people from working, so that the master called James Brotchie out of the hold, and in the presence of the stower, suspended him from serving any longer as chief mate of the Sapphire, but did not discharge him from the ship.     After this, Brotchie went ashore without leave, and returned with a letter from a person calling himself an advocate and an Esquire, his name was Usher. Regarding his first style and title, I thought, if he was an advocate it was in a very bad cause; and as for the second, when I saw him, I thought he did the gentry of Canada very little credit. Well, I attended at his house at ten A.M., the time he appointed. When I called, I was informed by an elderly looking Irish woman that he was not in town, but at his country house. So, thought I, then he must be paid by some one, to keep his country house; and from that time I made myself sure that I would have to contribute to his support, as I knew his client had nothing to give him. Now, I had not been even asked to step in and stand in the place he afterwards designated a hall, but was obliged to turn out and walk opposite the sentry at the Commissariat Office. Here I walked till I felt quite tired, through the heat, which was very oppressive. At half-past ten I called again, but the same dirty, red-haired woman told me he had not come yet, and that she wondered what kept him. I said I was tired; and was no one in the office (if he had one?). She said, no; the door was fast. This was Monday morning, the 4th August. As I was turning away from the door, "Oh" said she, "here comes his ownself" and he came in with an old straw hat on, such as sailors are often seen wearing when ashore. I told him what I wanted: he opened the door to the passage, & I walked in his office. As it happened, I had on a black suit, otherwise I must have dirtied my pocket handkerchief with dusting a chair to sit on. There we sat for some time, but his client did not appear; so I had to go away, and return about twelve o'clock, when I met Mr. Brotchie, and wished to arrange matters; but the innocent Mr. Brotchie pleaded not guilty to everything I accused him of, and he only wanted his wages paid up to the time the ship might probably arrive in London, with his expenses and £12 for a cabin passage home again.    Now, I appeal to any rational man, whether I was not justified in resisting so exorbitant a demand. I here parted with Brotchie, and upon going on board my vessel shortly afterwards, was surprised to find a paper nailed to the mast; but having received no previous intimation of this, I considered it a piece of legal mockery, and took no notice of it. The next day, on going up to the Registrar's office, I was not a little surprised when they ordered me to withdraw; and they took the men into a room, and examined them one by one, separately. This I was before unacquainted with; there I had not the power of putting any questions but what I sent in writing to the Registrar. Here they "did me brown and blue", to all intents and purposes. After the lapse of two days, the evidence was published by consent. When I saw it, I was astonished to find the evidence given by the stower so opposite, and so different from what I had expected. He stated that the mate had been a "little" intoxicated; and that he had always conducted himself with the same propriety that the mates of other vessels did which he had seen. This, of course, went very much against me at the trial, which took place next day, the 12th August.

At the trial, the judge admitted that the evidence proved that the anchor had been let go without orders, but he did not see anything very wrong in that. Take notice of that, brother ship-masters, and all you who give due consideration to the charge entrusted to your care. He also admitted that the evidence proved that he had been intoxicated, but that was not sufficient to warrant a master in suspending a chief officer. Therefore, ye advocates of temperance, cease to preach, and ye promoters of temperance societies, shut up your books, and give yourselves no further trouble; a learned judge of the law declares from the bench, that drunkenness is no crime. It was proved that the water-casks had been brought on deck, but there was no proof of the master having given him orders to a contrary effect. Therefore, if any master would have his orders given to the mate strong enough to come before a court of law in Quebec, he must call down all his ship's crew to be witnesses of every order he gives to the mate in his cabin. However, to sum up all in a few words, the learned judge of the law decided for the plaintiff, and I spent the remainder of the day in settling the costs. The mate was taken from my ship and my command, in spite of my remonstrances, the British Articles of agreement between master and seamen (although duly stamped) broken, and the following unjust and exorbitant charges laid upon the master:

	Vice-Admiralty Court
	}	vs. the bark S	apphire.
	of Lower Canada.		R.H. Newby, Master.

	(Action of James Brotchie.)
	Marshal's bill against the Promoter.

Arrest Attendant at the pronouncing of decree.

1/9th

£ 1   1  0 10  0 ------------ £ 1 11  0 0  3  5 ------------ £ 1 14  5

	This is my bill, this 12th August,	1834.
		J. Fenwick,
		M. V. Ad.

	The next is a bill from the same J. Fenwick; I wonder who he is?
	Marshal's bill against the defendant.

	Three days custody from 4th to 12th August inclusive. Release. Guardian of board one night. Ditto half a day. Boat hire.		£ 1 16 0 0   5 0 0   4 6 0   7 6 0   1 3 -------- £ 2 14 5

	This is my bill, this 12th August,	1834.
		James	Fenwick,
		M. V.	Ad.

	Now this "my bill" is very astonishing indeed. I wonder who this Mr. J. Fenwick is: I never saw him on board this my vessel; and I never saw any guardians on board; but they might have been there sometime at night, between the 4th and 12th August. As to the charges for being on board half a day and for boat-hire, all I know of them is that an insolent, low, ruffian looking fellow came on board on the morning of the 12th August, at ten minutes past six, and requested to be put on shore at fifteen minutes past eight; but as I could not spare five hands to get in the boat just then, he came down into the cabin where a lady was dressing, in spite of my remonstrances against his conduct, and the consequence was that the disturbance and unexpected intrusion brought on a violent illness, at that time even threatening to endanger the life of the lady, and then to be charged for boat-hire, &c. is too much. I complained of the abuse to the Registrar; but when the man was told about it by the Registrar, he gave abundant insolence, and they said nothing to him in reply, so that I infer from this that they are mutually interested in fleecing ship-masters, as they have done me.     (Note: the remaining several bills from the registrar and proctor covering some 125 lines is available on request.)
Quebec Gazette #4691 05/09/1834 Page 3, Col. 2C.
	To the Editor of the Quebec Gazette.     Sir; The case of the bark Sapphire, in the Vice Admiralty, which you published some days ago, has a bearing, which I shall take the liberty of alluding to in a few words.     The case was entered in court and decided about the time of the publication of the Admiralty Solicitor's letter of the 14th June, inserted in your paper of the 15th ultimo, which announced on the part of the Ministry, their determination to do away with the extortionate charges of that Court. Every one knows that this decision is considered as definitive, and that the Court must soon be deprived of the pretension of levying its monstrous costs.

Now, what makes this case have a very bad character, and what makes all those concerned in levying the enormous charge of £42, for almost no labour done, for no quantum meruit, (and disguise it as you may, Sir, such charges are in my opinion sheer plunder), what makes this case have a very bad character, I say, is the clear and not to be mistaken proof, that the parties profiting by this gross abuse are determined to do so to the last, and give proofs, "strong as holy writ", that in that respect, nothing daunted, they will gorge themselves out of the property of others. Happen what may, they have shown, and will show themselves "true blue".     What a pleasure, however, it is to reflect, that this is not characteristic of the Quebec Bar. Captain Newby gives an honourable proof of that in respect to two gentlemen, and it might be extended to many others. These gentlemen would not touch the poisoned chalice; not only would they not engage in an Admiralty suit, but a motive of justice, or honourable, great, and glorious justice, led them to protect the injured, and to come gratuitously in aid of oppression of the most revolting kind, because it is under the name of Justice.

			I have the honour to be,
			Your obedient servant,
	Quebec, 5th Sept. 1834.		D.E.F.

Quebec Mercury #153. Saturday, December 27, 1834.
	Maritime Justice in Canada. Our attention has frequently been drawn in the oppressive practices of the Courts denominated the Vice Admiralty Courts from which proceedings are issued against ship owners and shipmasters, at the instance of drunken and worthless seaman, on the most frivolous pretences, and by which the ship owners are subjected to great and vexatious delays, and in most excessive charges. Over these Courts, the Governor of Lower Canada does not appear to have any control, nor can the British consul at all interfere on behalf of the ship owners for whose protection he is especially appointed and on whose behalf he would most certainly be permitted to act in the ports of Russia or Turkey. Not so, however, in our own Colony of Lower Canada. The registrars, proctors, marshals, and other officials of these courts appear to be all of one class, and that of the very lowest. In the Quebec Gazette of a late date, received by us during the week, we find reported, at considerable length, the case of Captain R. H. Newby, of the Sapphire, of this port, who had been proceeded against by a fellow named Brotchie, who had acted on board the Sapphire as mate, but who had been suspended from duty by the captain, for repeated acts of insubordination, neglect of duty, and drunkenness. In this case it does not appear that Captain Newby was heard in his defence, but that a pretended defence, on his behalf, but without his knowledge, was set up by some inferior officer of the court, as is the practice in these cases. The matter, or course, terminated in favour of the mate, and the captain had to pay, in costs alone, including the cost of his defence, which he did not authorize, the amount of nearly fifty pounds. Surely this state of things must exist without the knowledge of the Government at home. If so, the sooner the Government be made aware of it, the better. At any rate, we feel quite certain, that a proper representation of the grievance, signed by the leading ship owners of the United Kingdom, would not be useless. Let the ship owners try.
	Newcastle Journal.

G.R. Bossé©1999-03.

Posted: Dec. 28th, 1999.

Updated: July 15, 2003.