June 3—1825
To the Honorable Judge Stephen F austin
I have this moment received a few lines from you and do hasten
to make a fair statement in writing of the case as my health will not
admit me to Come over—we left Orleans on 13 March last with
Fr[e]ight and passenge[rs] for this place Capt Allin the first
offiscer or mate and experience [d] Ship mate we made a shipment of
tobaco and Flour whiskey and other goods on board where the profits
were to Be divided when sold—we arrived at galveston 26 march and
sent the boat ahead of the Schr to Sound and to keep her a head a
sufficient Distance to tack if Shoal water, when the signal was not
seen in time and finding the water too shoal and in the aim of
tacking took the ground and stopt all night—we hove of[f] the next
morning without receiving any damage; the weather being fine
permitted the passenges to go on shore and to find the Channel wich
they did but the wind rising so hard that they Could not return with
the large boat they tarrying so long on shore we made an attempt to
go off and in so doing we stopt on the ground we let go our anchor
and waited for the tide the wind rising and the Sea making the Schr
Began to beat on the bottom very hard and it was with much
difficulty that a man Could stand and it being high water and it was
impossible to go off without lighten her—if i had made the attempt and
failed again the vessel must have been lost and all the property and
some lives if not all for it blew hard that night.
i gave order to clear the Deck and to save what we Could if it had
been washt over abourd by the act of god i should have nothing to
say—but when it is the act of men and don Concianciuosly with the
intention to save as much as Can be don i do believe that every [body]
ought to bear a propotion of the loss the [schr] was not over loaded
and all the good on deck Could be put below—but to accomodate our
passenges we kept them on Deck to give them room below wich
passengers was to com on deck Suppose i had gave orders to take all
the goods out of the whole and leave those on deck and pass over
them that was so near at hand and so convenient would it not appear
partial Surely my Conscience would condemed me and every one
on board—therefore it must be left to the master['s] judgement and
discretion under Such circumstances if he err the under writer suffer
and do not think that there is any law that point out a master duty
in all Circumstance and in all Cases and in all Climes and parts of
the world—to take the boat ahead and keep her a distance from you
100 Or 150 yards is a very safe and Continually practiced—I have
been condemned to pay for goods that was not in my bill of lading
and wich i had no knowledge of being on board and to pay for an
anveil that cost $10 or 12$ at Orleans one hundred dollars Mr.
Cartwright waggon one half is been delivered with the harness the harness
he keep the two wheels and side he refuses—and my vessel to be sold
here [for cash ?] and since they have had hir in their [hands ?]
She has been driven on shore and no pains taken to git her of and
there beating by every hard wind up higher on the bar of red fish so
called where she will never be got of when she is lost I Cheerfully
submitt the Case to your Decision pray that if the vessel and goods
is to be sold that she will Sold for Country pay
this is a danger of the Seas and unavabl [unavoidable] occuren.
Benjamin Carrico