EXHIBIT D.
Whalemen’s shipping paper.
1. It is agreed between the owner, master, seamen, and mariners of the bark Cape Horn Pigeon, now bound from the port of San Francisco on a whaling, walrusing, and trading voyage to the North Pacific and Arctic oceans, or elsewhere, as the master may direct. Term of service not to exceed twelve (12) calendar months. Officers and crew to pay their respective proportions of freight on whatever catch may be shipped by some other vessel or vessels. Officers and crew to remain by the vessel eight (8) days after her arrival at her final port of discharge, or in default to pay two (2) dollars for each and every day of absence. Interest to be charged on all money advanced at the rate of fifteen (15%) per cent per annum. Officers and crew not to participate in trade.
That, in consideration of the share against each respective seaman or mariner’s name hereunder set, they severally shall and will perform the above-mentioned voyage; and the said owner and master do hereby agree with and hire the said seamen or mariners for the said voyage at such shares, to be paid pursuant to this agreement.
2. And they, the said seamen or mariners, do severally hereby promise and oblige themselves to do their duty, and obey the lawful commands of the officers on board said bark or boats thereunto belonging, as become good and faithful seamen or mariners, while cruising for whales, and at all places where the said bark shall put in or anchor at during the said voyage; to use their best endeavours to obtain a cargo of oil; and for the preservation of the vessel and cargo; and not to neglect or refuse doing their duty by day or night; and that they shall not go out of said bark on board any other vessel or be on shore, under any pretence whatever, until the aforesaid voyage be ended and the vessel discharged of her loading without leave first obtained of the captain or commanding officer on board; that in default thereof he of they shall be liable to all the penalties and forfeitures mentioned in the marine law, enacted for the government and regulation of seamen in the merchant service, it being understood that said forfeiture shall be estimated according to his or their respective shares of the voyage and the length of the same conjointly.
3. And it is further agreed by all the parties to this contract that such regulations as a just regard to the good order, effectual government, health, and moral habits of the officers and men shall be established and observed on board the said vessel. And to insure proper attention to this important object it shall be the duty of the officer having the care of the log book to note therein daily all flagrant breaches of the same. It shall especially be his duty to record all instances of drunkenness, all cases of absence from the said bark by any officer or seaman, with or without permission, after sunset or beyond the time prescribed for their absence; every instance of absence by any officer or seaman through the night, whether on shore or on board of any other vessel; every instance of the introduction of any woman or women into the ship for licentious purposes; every instance of disability for ship’s duty which may occur, with the cause of it—if occasioned by sickness or infirmity, the nature and origin of the same, if known, to be particularly stated, especially if it be the consequence of their own misconduct. And in the case of the officer who may usually [Page 34] have charge of the log book being implicated in any of the misdemeanors or disabilities herein mentioned it shall be the duty of the master to make, or cause to be made by another hand, an entry of the same on the log book. And it shall be the duty of the master to see that a proper record is kept therein of all the matters mentioned in this article, according to its true intent and meaning.
4. The officer having charge of the watch on deck for the time being shall be responsible for the maintenance of the regulation in regard to the admission of women, and in case of any getting on board unperceived they shall forthwith be expelled by him, or, if not able to do so, the case shall be immediately reported to the captain or commanding officer on board, whose duty it shall be to enforce their immediate expulsion. On the failure of any officer on this part of his duty, either wilfully or through negligence, each and every officer so failing shall forfeit twenty days’ pay for every such offense; and any other officer or seaman who shall abet any breach of said regulation, or refuse, when lawfully called upon to aid in sustaining it, or shall be proved to have had a criminal intercourse with any such woman or women on board, shall forfeit for every such offense five days’ pay; for every instance of drunkenness two days’ pay shall be forfeited, and a similar forfeiture shall take place for each day that any officer or seaman shall be off duty from sickness or disability caused by intemperance or licentiousness; the forfeitures in all these cases to be estimated as in the second article, and to go to the use of the owners of said bark.
5. All expenses which may be necessarily incurred during the voyage, with direct reference to any of the misdemeanors or disabilities enumerated in the third article, or to any attempt at desertion or other disobedient and mutinous conduct, shall be charged to the individual or individuals by reason of whom they may have been incurred.
6. It is further agreed that if any officer or seaman, after a fair trial, if his abilities and disposition shall be judged by the master incompetent or indisposed to the proper discharge of the duties of his station, the master shall have a right to displace him and substitute another in his stead; a corresponding reduction of the lay of such officer or seaman, with reference to the duty which he may thereafter perform, thenceforth to take effect; and a reasonable increase of the lay of the individual who may thereupon be promoted to a higher station shall be made on the final adjustment of the voyage.
7. It is understood and agreed that if any officer or seaman shall be prevented by sickness or death from performing the voyage, his legal representatives shall be entitled to such part of the whole amount of his stipulated share as the time of his services on board shall be of the whole term of the voyage.
8. It is further agreed that whatever apparel, furniture, or stores belonging to said vessel may be given in charge by the master to any officer or seaman shall be accounted for by him; and in case anything should be lost or damaged through his carelessness or neglect it shall be made good to the owners by such officer or seaman. And whatever officer or seaman the master shall appoint for the duty shall take charge of any portion of the cargo or ship’s stores required to be landed or brought on board in any boats or lighter, and faithfully perform the services assigned, and see that the said cargo or stores are safely landed and delivered, or brought on board the said vessel, as the case may be.
9. Each and every officer and seaman who shall have well and truly performed the above-mentioned voyage, complied with the regulations and duties herein specified, and committed no dishonest or unlawful acts, shall, on the return of said vessel to the port of San. Francisco, be entitled to be, and shall be, settled with and paid in San Francisco his share of the catch of said vessel at the following rates: Whale oil at 20 cents per gallon; sperm oil at 40 cents per gallon; whalebone (in case the total catch of the whole whaling fleet of vessels sailing from or arriving at ports on the Pacific coast for the season in the Arctic shall exceed 200 whales) at 1 dol. 25 c. per lb., but in case said total catch shall not exceed 200 whales, then at 1 dol. 50 c. per lb; said settlement to be made for oil at the above-named rates, and bone at 1 dol. 25 c. per lb., as soon after the return of the ship as the quantity of her oil and bone can be ascertained, and the 25 cents per lb. in addition thereto as soon as it shall be ascertained that the total catch of the whole of said fleet does not exceed 200 whales.
10. In testimony of our assent, consent, and agreement faithfully to perform the various duties and obligations implied in the preceding articles, and an acknowledgment of their being voluntary and without any compulsory or clandestine means being used, we have each and everyone of us severally hereunto affixed our names on the day and year against them respectively written. And it is hereby understood and mutually agreed, by and between the parties aforesaid, that they, the said seamen and mariners, will render themselves on board the said vessel on or before, as [Page 35] ordered by the master, ——, the —— day of ——, at — o’clock, in the ——noon.
No distilled spirituous liquor will be put on board the vessel by the owner, except for strictly medical use; and by their signatures the other parties to this contract pledge themselves not to take any of those articles with them, as their private stores or for traffic, either from this port or from any other port or place where they may be during the voyage. And in case of a violation of this pledge by the master, or any officer or seaman, his entire share of the voyage shall be thereupon forfeited to the use of the owners of the said vessel.
Shipping paper.—“Cape Horn Pigeon.”
| Date of entry. | Names. | Station. | Advances. | Witness to signing. | Lay shares. | |||||||
| 1891. | ||||||||||||
| Nov. 7 | 1. | Thomas Scullun | Captain | L. W. Johnston | As per agreement. | |||||||
| 7 | 2. | W. H. Young | First mate | do | 1/22 | One twenty-second. | ||||||
| 14 | 3. | Antonio Margarido. | Second mate | do | 1/28 | One twenty-eighth. | ||||||
| 13 | 4. | Geo. H. Peckham | Third mate | do | 1/45 | One forty-fifth. | ||||||
| 13 | 5. | Wm. H. Griffiths. | Fourth mate | do | 1/60 | One-sixtieth. | ||||||
| 12 | 6. | Chas. F. Koch | Cooper and carpenter. | do | 1/50 | One-fiftieth. | ||||||
| 11 | 7. | Cornelio Eustagio | Boat steerer |
|
do |
|
One-eightieth. | |||||
| 12 | 8. | Saml. McIntyre | do |
|
do |
|
One-eightieth. | |||||
| 12 | 9. | Peter (his x mark) Lawton. | do |
|
do |
|
One-eightieth. | |||||
| 13 | 10. | Thomas Oliveira. | do | 100.00 | do | 1/85 | One eighty-fifth. | |||||
| 3 | 11. | Nicolas (his x mark) Porter. | Steward and cook | 120.00 | do | 1/90 | One-ninetieth. | |||||
| 12 | 12. | Jose Torres. | Steward | 85.00 | do | 1/100 | One one hundredth. | |||||
| 12 | 13. | Joe (his x mark) Santos. | Steerage boy | 25.00 | do | 1/170 | One one hundredth and seventieth. | |||||
| 14 | 14. | Felix de Castro | Seaman | 50.00 | do | 1/170 | One one hundredth and seventieth. | |||||
| 14 | 15. | Marx Pletz | Prev. boat steerer | 65.00 | do | 1/150 | One one hundred and fiftieth. | |||||
| 4 | 16. | Peter Johnson. | Sailmaker | 75.00 | do | 1/130 | One one hundred and thirtieth. | |||||
| 3 | 17. | Joe Costa | Seaman | 50.00 | do | 1/170 | One one hundred and seventieth. | |||||
| 4 | 18. | Jose Guinata | do | 50.00 | do | 1/170 | One one hundred and seventieth. | |||||
| 5 | 19. | John (his x mark) Sablan. | Seaman | 50.00 | do | 1/170 | One one hundred and seventieth. | |||||
| 5 | 20. | Ben (his x mark) Siguino. | do | 50.00 | do | 1/170 | One one hundred and seventieth. | |||||
| 5 | 21. | Jack (his x mark) Kanaka. | do | 50.00 | do | 1/170 | One one hundred and seventieth. | |||||
| 5 | 22. | Charles Smith | do | 60.00 | do | 1/160 | One one hundred and sixtieth. | |||||
| 11 | 23. | Ben (his x mark) Cantanego. | do | 50.00 | do | 1/170 | One one hundred and seventieth. | |||||
| 11 | 24. | Bernab (his x mark) Ascensia. | do | 50.00 | do | 1/170 | One one hundred and seventieth. | |||||
| 11 | 25. | Mariano (his x mark) Maripesa. | do | 50.00 | do | 1/170 | One one hundred and seventieth. | |||||
| 12 | 26. | P. Maguire | do | 60.00 | do | 1/160 | One one hundred and sixtieth. | |||||
| 12 | 27. | John Peters | do | 70.00 | do | 1/150 | One one hundred and fiftieth. | |||||
| 13 | 28. | John Shopley | Prev. boat steerer | 60.00 | do | 1/150 | One one hundred and fiftieth. | |||||
| Nov. 13 | 29. | Andrew Perez | Seaman | $60.00 | L. W. Johnston | 1/160 | One one hundred and sixtieth. | |||||
| 13 | 30. | Joseph (his x mark) Carter. | do | 50.00 | do | 1/170 | One one hundred and seventieth. | |||||
| 13 | 31. | J. E. (his x mark) Smith. | Cooper and carpenter. | do | 1/50 | One-fiftieth. | ||||||
| 13 | 32. | August (his x mark) Pferrmann. | Seaman | 50.00 | do | 1/160 | One one hundred and sixtieth | |||||
| 16 | 33. | Charley Johnson | Green hand | 50.00 | do | 1/170 | One one hundred and seventieth. | |||||
| 16 | 34. | Manuel January (his x mark) Gonsalves. | Seaman | 80.00 | do | 1/160 | One one hundred and sixtieth. | |||||
| 26 | 35. | Manuel (his x mark) Phillips. | do | 50.00 | do | 1/170 | One one hundred and seventieth. | |||||
| Dec. 5 | 36. | Arthur H. Taylor | do | 55.00 | do | 1/150 | One one hundred and fiftieth. | |||||
| 5 | 37. | Wm. McDonald. | Blacksmith and green hand. | 50.00 | do | 1/165 | One one hundred and sixty-fifth. | |||||
| 5 | 38. | John McDonald. | Green hand | 50.00 | do | 1/170 | One one hundred and seventieth. | |||||
| 7 | 39. | Albert Ifft. | do | 50.00 | do | 1/170 | One one hundred and seventieth. | |||||
| 7 | 40. | H. Smith | do | 50.00 | do | 1/170 | One one hundred and seventieth. | |||||
| 7 | 41. | J. McGregor | do | 50.00 | do | 1/170 | One one hundred and seventieth. | |||||
| 7 | 42. | Fred Wick | do | 50.00 | do | 1/170 | One one hundred and seventieth. | |||||
| 7 | 43. | Joe (his x mark) Mendiolo. | do | 50.00 | do | 1/170 | One one hundred and seventieth. | |||||
| 7 | 44. | W. (his x mark) Schaeffer. | Seaman | 50.00 | do | 1/170 | One one hundred and seventieth. | |||||