Two Years Before The Mast A Personal Narrative Of Life At Sea By Richard Henry Dana, Jr.





























































































































 -   This is the state of the law on the
subject; while the relation in which the parties stand, and the - Page 549
Two Years Before The Mast A Personal Narrative Of Life At Sea By Richard Henry Dana, Jr. - Page 549 of 618 - First - Home

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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.

In the first place, the courts have said that public policy requires the power of the master and officers should be sustained. Many lives and a great amount of property are constantly in their hands, for which they are strictly responsible. To preserve these, and to deal justly by the captain, and not lay upon him a really fearful responsibility, and then tie up his hands, it is essential that discipline should be supported. In the second place, there is always great allowance to be made for false swearing and exaggeration by seamen, and for combinations among them against their officers; and it is to be remembered that the latter have often no one to testify on their side. These are weighty and true statements, and should not be lost sight of by the friends of seamen. On the other hand, sailors make many complaints, some of which are well founded.

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