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.

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