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No. 435.
FINDING.
188
BRITISH CONSULATE, SHANGHAI, 10th August, 1805. SIR-In reply to your letter of the 5th instant I have the honor to enclose herein a certified Copy of the Minutes and Finding of the Naval Court held at this Consulate on the 25th day of July to enquire into the circumstances attending the loss of the British steamer Fohkien.-I have the honor to be, Sir, your obedient Servant,
The Hon'ble THE COLONIAL SECRETARY,
fc., Hongkong.
So
c.,
CHARLES A. WINCHESTER, Consul.
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We are of opinion that the Folkien was lost through the Master and Mates mistaking the Westernmost Island of Fisherman's group for Video, a mistake which we consider ought not to have occurred had the course and distance been attended to, the Westernmost Island of Fisherman's Group being only 12 and Video 18 miles from the position of the ship when the last light (sight?) of Chinsan was obtained.
At the same time we feel bound to add that we consider Captain Johnson deserving of censure for not slacking his speed when the fog set in, as in such a neighbourhood it could not be safe, under any circumstances, to steam 18 knots an hour in such weather,
We also feel bound to note our surprise at the fact of the owner of the Folkien not having any officer on board with a certificate of competency or service, and at the Hongkong authorities permitting a British vessel to continually leave that port without such certificated officer.
As witness our hands this 25th day of July, 1865,
C. A. WATTS, Lieut. R.N., H.M.S. Argus, President.
C. TREASURE JONES. Acting for H.M.'s Vice-Consul.
FREDERICK PIPER, Master, R. N.
F. M. EDMOND, Commanding P. & O. Str. Pekin.
F. LEWES,
Commanding Receiving Ship Waterwitch.
I hereby certify that the foregoing, extracted from the Shanghae Recorder of the 5th August is a true copy of the minutes and finding of a Naval Court held at II. M, Consulate Shanghae on the 25th day of July, 1885, to enquire into the loss of British steamer Fohkien.
C. TREASURE JONES. Sear. Asst. H. B. M. Consulate.
OFFICIAL MINUTES OF A NAVAL COURT,
HELD AT H. D. M.'s CONSULATE,
At Shanghai on the 25th day of July, 1865,
To enquire into the circumstances attending the loss of the British steamer Fuhkien.
Present
LIEUT. C. A. WATTS, R.N. President.
C. TREASURE JONES, Esq., Acting for H. M.'s Vice-Consul.
F. PIPER, Esq. R. N.
MR. EDMOND Commanding P. & O. Co.'s Str. Peking.
MR. F. LEWES, Commanding British ship Waterwitch.
The order of the Senior Naval Officer for the formation of the Court having been read by the President.
British Consulate, Shanghae, 16th August, 1865.
I have no
WILLIAM OLAF JOHNSON called states; I was the master of the Str. Fohkirn, at the time of her loss. English Certificate but held an American Certificate which was lost in the wreck. My Log book and ship's papers were also lost. My port of departure was Shanghai and I was bound to Hongkong. I hand in hare a Copy of the Fohkien's protest detailing the accident.
PROTEST OF CAPTAIN JOHNSON Str. Folkien-July 13th, Thursday, at 2.45 left the Hongque Wharf for Hongkong, the weather at the time being hazy and the wind strong from the S. E.; 3.50 passed Woosung; 6 20 passed Lightship; wind moderating and weather fine; at 7.45 Gutzlaff bore about East two miles; at 9 passed Davis Island, the Island of Chinshan in sight. At 10 P.M. the easterninost island of Chinshan bore west about two miles; had experienced a very strong easterly current since leaving Gutzlaff, the weather fine moonlight and stars out; steered S by E. E. and S. S. E. to pass between Video and Fisherman's group. Soon after saw Video on our port bow and also the Fisherman's group on the star- board bow; the fog now set in; 11 P.M. quite thick, showing nothing but the top of Video ahead; steered so as to pass it on the port beam. At 11.27 it bore east; set the log and took the revolutions; at 11.30 PM, the fog lifted. showing a small island ahead close on board. Stopped the engine at once, and no sooner had we unhooked than the ship struck the rock with tremendous force and inmediately commenced to sink. Let the anchors go as soon as possible to prevent the vessel from sliding off into deep water. Lowered the boats and commenced landing passengers on the rock. At 12 (midnight) lauded the lust boat load of passengers just as the upper deck disappeared below the surface, no one having a chance to save anything but what they stood in. Stayed by the wreck until morning, when everything was under water except the masts and smoke stacks; pulled towards Chinshan and fell in with fishing boats, three of which we chartered to convey the
passengers and crew to Ningpo. On Sunday morning arrived at Ningpo where the junks were paid each $300 for their services.
The following observations of Capt. Johnson were appended to the protest:- When day broke and we were able to see our position, we found that instead of the island being Video the land that we saw last night was the westernmost island of Fisherman's group. Owing to the peculiar state of the atmosphere this land appeared to be the same height as the island of Video, which accounts for the mistake that was made, and also instead of having an easterly current as was supposed, the ship must have ran out of that into a current setting towards the North West. By Court. The lead was not going when we struck; there were 20 to 30 fathoms of water, I was in charge of the ship myself. My chief and third officers were on deck with me, also a quartermaster, and a quartermaster was at the wheel, Just before we struck we were going full speed from 12 to 18 knots. The Hongkong authorities knew that I had no Certificate. George C. Johnson who was mate with me at first, acted as sailing master. He had a certificate. I asked the Harbor Master at Hongkong how to manage about taking command myself and he told me I had only to apply to Mr. Markham or Mr. Lay at Shanghue, say that the Mate was to be discharged and myself put as master on the Register. This I did. It was the Westerninost Island of Fisherman's group which I took for Video. I was steering South and by West when it bore East and the ship struck.
ALBION H. MORSK called, states; I was Chief Mate of the Folkien, when she was lost, I acknowledge the correctness of the Protest which I have signed and of which the document in Court is a copy, I have no English or American Certificate of Competency, none were required when I left the United States:-I was on deck when the Fohlien struck. After leaving Chinsan it was about to 11 when we saw the first land; this was the Westernmost island of Fisherman's group. The weather was thick and foggy. We were going about 13 knots. Just before 11 I could see islands on the starboard bow. The island I took for Video bore East about 27 minutes past 11.
We only saw the top of it. We saw the outside island of Chinsan and got a bearing from it. We were from 2 to 3 miles from it. The last bearing we got was W. by S. We did not see the Bee Hive. I don't recollect at what time we altered our course from S. and by E. J . to S. S. E.
EDWARD W. ELLIS called, "states:-I was 3rd Officer of the Folkien when she was lost, I was on deck when she struck. She was going about 13 knots. I have no certificate English or American. I had some private certificates as to character and capabilities but lost them in the ship. Mr. Coates, a Shanghai Pilot took the ship as far as Gutzlaff. The weather was thick and hazy when she struck. We could not see more than 30 feet. The land I saw looked exactly like Video. It bore East. The weather became very thick about 11 o'clock; She struck at or about half past eleven.
WILLIAM OLAF JOHNSON re-called, states:-There was a pilot on board when she struck, hut, he was not in charge of the ship. His duty had ceased. Mr. Fischer of Hongkong is the Registered owner of the Fohkin. She belonged to the Shanghai Steam Navigation Co. I know that she is partly insured, but do not know for what amount. allowed on account of my steering by the Land. I have no deviation, my compasses are correct.
Deviation was not
No. 82.
Forwarded for perusal by the Harbour Master, and any remarks he may have to offer. By Order,
W, H. A.
A. C. S.
26/8/65.
HARBOR MASTER'S OFFICE, HONGKONG, 28th August, 1865.
SIR-I have read the Official Minutes of a Naval Court held at Shanghae on the 25th day of July, 1865, to enquire into the circumstances attending the loss of the British Steamer Folkien,
The Folkien originally arrived at this Port es an American Ship, but on the 80th December, 1863, Mr. Robert Brand, a British subject became her owner and she received a British Register, as it had been known some time prior to this that a transfer was to take place, W. O. Johnson who commanded her was informed that be would have to pass an examination if the Owner wished him to remain in that capacity, to this Captain Johnson objected giving as a reason that he had been many years a Shipmaster and that he held an American Certificate of Competency; the Chief Mate under the American Flag (Geo. C. Johnson) passed an examination as Master on the 31st December and his name was placed on the Register as such, W. O. Johnson remaining in her as Supercargo and general manager of the business and interest of the Owner. Some few months subsequently that Gentleman called at this Office and stated that Geo, C. Johnson had the offer of another command at Shanghae and if he left could his W. O. Johnson's name then be put on the Register. I told him that at Shanghae this could be done as the Authorities there were guided entirely by the Merchant Shipping Act. On the Folkien's return voyage it was seen that a change of Masters had taken place at Shanghae and that the name of W. O. Johnson was then on the Register; as the Merchant Shipping Act does act prevent a Vessel clearing from one Port in the East to another with a Master who does not possess a Certificate of Competency or service Captain W. O. Johnson remained in command.
The Folkien became the property of Mr. M. Fischer on the 7th June last,
Having reference to the latter part of the finding of the Naval Court, I may observe that it is only competent for a Court exercising Admiralty Jurisdiction or one appointed under Ordinace 11 of 1880 to remove a Muster from the command of his ship, but to justify the exercise of such a power the Court, must, in their unanimous opinion, be sach, that the safety of the ship or crew, or the interest of the Owner, absolutely requires it; such Courts may be set in motion by application from the Owner, Agent, &c.; in the present instance the Owner is resident here and had no reason, that I am aware of, to question the Competency of Captain W. O. Johnson.
Section 5 of Ordinance 1 of 1802 prevents names of Masters or Mates being placed on Register or Articles unless properly qualified but this is a local Ordinance affecting Hongkong only, the Ordinance does not give power (nor is it advisable that it should) to undo that which an Imperial Act of Parliament legalizes.
I must conclude that that part of the finding of the Court was come to in ignorance of the Law which regulates the appointments of Masters to ships in the British Mercantile Marine.
I beg leave to return the letter from the Consul at Shanghae with Minutes of Court sent for my perusal.-I have the bonor to be, Sir, Your most obedient Servant,
The Honorable W. H. ALEXANDER, Esq,
Acting Colonial Secretary.
H. G. THOMSETT, Harbor Master, &c.
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