It Is Upon These Topics
That I Wish To Make A Few Observations.
In the first place, I have no fancies about equality on board ship,
It is a thing out of the question, and certainly, in the present
state of mankind, not to be desired.
I never knew a sailor who
found fault with the orders and ranks of the service; and if I
expected to pass the rest of my life before the mast, I would not
wish to have the power of the captain diminished an iota. It is
absolutely necessary that there should be one head and one voice,
to control everything, and be responsible for everything. There are
emergencies which require the instant exercise of extreme power.
These emergencies do not allow of consultation; and they who would
be the captain's constituted advisers might be the very men over
whom he would be called upon to exert his authority. It has been
found necessary to vest in every government, even the most democratic,
some extraordinary, and, at first sight, alarming powers; trusting in
public opinion, and subsequent accountability to modify the exercise
of them. These are provided to meet exigencies, which all hope
may never occur, but which yet by possibility may occur, and if
they should, and there were no power to meet them instantly,
there would be an end put to the government at once. So it is with
the authority of the shipmaster. It will not answer to say that he
shall never do this and that thing, because it does not seem always
necessary and advisable that it should be done. He has great cares
and responsibilities; is answerable for everything; and is subject
to emergencies which perhaps no other man exercising authority
among civilized people is subject to. Let him, then, have powers
commensurate with his utmost possible need; only let him be held
strictly responsible for the exercise of them. Any other course
would be injustice, as well as bad policy.
In the treatment of those under his authority, the captain
is amenable to the common law, like any other person. He is
liable at common law for murder, assault and battery, and other
offences; and in addition to this, there is a special statute of
the United States which makes a captain or other officer liable
to imprisonment for a term not exceeding five years, and to
a fine not exceeding a thousand dollars, for inflicting any
cruel punishment upon, withholding food from, or in any other
way maltreating a seaman. This is the state of the law on the
subject; while the relation in which the parties stand, and the
peculiar necessities, excuses, and provocations arising from
that relation, are merely circumstances to be considered in each
case. As to the restraints upon the master's exercise of power,
the laws themselves seem, on the whole, to be sufficient. I do
not see that we are in need, at present, of more legislation on
the subject. The difficulty lies rather in the administration
of the laws; and this is certainly a matter that deserves great
consideration, and one of no little embarrassment.
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