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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