The Seaman's Friend Part 41

[181] Act 1803, ch. 62, --4.

The crew of every vessel shall have the fullest liberty to lay their complaints before the consul or commercial agent in any foreign port, and shall in no respect be restrained or hindered therein by the master or any officer, unless sufficient and valid objection exist against their landing. In which case, if any seaman desire to see the consul, the master must inform the consul of it forthwith; stating, in writing, the reason why the seaman is not permitted to land, and that the consul is desired to come on board. Whereupon the consul must proceed on board and inquire into the causes of complaint.[182]

[182] Act 1840, ch. 23, --1.

PROTECTION.--Every American seaman, upon applying to the collector of the port from which he departs, and producing proof of his citizenship, is ent.i.tled to a letter of protection. The collector may charge for this twenty-five cents.[183]

[183] Act 1796, ch. 36, --4.

CHAPTER X.

SEAMEN--CONTINUED.

Punishment. Revolt and mutiny. Embezzlement. Piracy.

PUNISHMENT.--As to the right of the master to punish a seaman by corporal chastis.e.m.e.nt, imprisonment on sh.o.r.e, confinement on board, &c., and the extent of that right, and the master's liability for exceeding it,--the seaman is referred to Chapter IV., "The Master's relation to the Crew," t.i.tle, "Imprisonment" and "Punishment." He will there see that the master possesses this right to a limited extent, and that he is strictly answerable for the abuse of it. Disobedience of orders, combinations to refuse duty, dishonest conduct, personal insolence, and habitual negligence and backwardness, are all causes which justify punishment in a greater or less degree.

The contract which a seaman makes with the master, is not like that of a man who engages in any service on sh.o.r.e. It is somewhat military in its nature.[184] The master has great responsibilities resting upon him, and is ent.i.tled to instant and implicit obedience. To ensure this, regular and somewhat strict discipline must be preserved. The master, also, cannot obtain a.s.sistance when at sea, as any one can who is in authority upon land. He must depend upon the habits of faithful and respectful discharge of duty which his crew have acquired, and if this fails, he may resort to force. He is answerable for the safety of the ship, and for the safe keeping and delivery of valuable cargoes, and in almost all cases he is the first person to whom the owner of the vessel and cargo will look for indemnity. Considering this, the seamen will feel that it is not unreasonable that the master should have power to protect himself and all for whom he acts, even by force if necessary.[185] A good seaman, who is able and willing to do his duty faithfully and at all times, and treats his officers respectfully, will seldom be abused; and if he is, the master is liable to him personally in damages, and is also subject to be indicted by the government and tried as a criminal. A seaman should be warned against taking the law into his own hands. If the treatment he receives is unjustifiable, he should still submit to it, if possible, until the voyage is up, or until he arrives at some port where he can make complaint. If he is conscious that he is not to blame, and an a.s.sault is made upon him unjustifiably and with dangerous severity, he may defend himself; but he should not attempt to punish the offender, or to inflict anything in the way of retaliation.[186]

[184] Ware, 86. 3 Wash. 515.

[185] Ware, 219.

[186] Do. 3 Wash. 552.

In Chapter VI., t.i.tle, "Mates," the reader will see how far any inferior officer of a vessel may use force with a seaman.

REVOLT AND MUTINY.--If any one or more of the crew of an American vessel shall by fraud or force, or by threats or intimidations, take the command of the vessel from the master or other commanding officer, or resist or prevent him in the free and lawful exercise of his authority, or transfer the command to any other person not lawfully ent.i.tled to it; every person so offending, and his aiders and abbettors, shall be deemed guilty of a revolt or mutiny and felony; and shall be punished by fine not exceeding $2000, and by imprisonment and confinement to hard labor not exceeding ten years, according to the nature and aggravation of the offence.[187] And if any seaman shall endeavor to commit a revolt or mutiny, or shall combine with others on board to make a revolt or mutiny, or shall solicit or incite any of the crew to disobey or resist the lawful orders of the master or other officer, or to refuse or neglect their proper duty on board, or shall a.s.semble with others in a riotous or mutinous manner, or shall unlawfully confine the master or other commanding officer,--every person committing any one or more of these offences shall be imprisoned not exceeding five years, or fined not exceeding $1000, or both, according to the nature and aggravation of the offence.[188]

[187] Act 1835, ch. 313, --1.

[188] Do. --2.

It will be seen that the first of these laws applies only to cases where seamen actually throw off all authority, deprive the master of his command, and a.s.sume the control themselves, which is to make a revolt. The last is designed to punish endeavors and combinations to make a revolt, which are not fully carried out.

Every little instance of disobedience, or insolent conduct, or even force used against the master or other officer, will not be held a revolt or an endeavor to make a revolt. There must be something showing an intention to subvert the lawful authority of the master.[189] It does not excuse seamen, however, from this offence, that they confined their refusal to one particular portion of their duty. If that duty was lawfully required of them, it is equally a subversion of authority as if they had refused all duty.[190]

[189] 4 Wash. 528. 1 Pet. Ad. 178.

[190] 4 Mason, 105.

If the crew interfere by force or threats to prevent the infliction of punishment for a gross offence, it is an endeavor to commit a revolt.[191]

[191] 1 Sumner, 448.

To const.i.tute the offence of confining the master, it is not necessary that he should be forcibly secured in any particular place, or even that his body should be seized and held; any act which deprives him of his personal liberty in going about the ship, or prevents his doing his duty freely, (if done with that intention,[192]) is a confinement.[193]

So is a threat of immediate bodily injury, if made in such a manner as would reasonably intimidate a man of ordinary firmness.[194]

[192] 4 Wash. 428.

[193] 4 Mason, 105. 4 Wash. 548. 1 Sumner, 448. 3 Wash. 525.

[194] Pet. C. C. 213.

In all these cases of revolt, mutiny, endeavors to commit the same, and confinement of the master, it is to be remembered that the acts are excusable if done from a sufficient justifying cause. The master may so conduct himself as to justify the officers and crew in placing restraints upon him, to prevent his committing acts which might endanger the lives of all the persons on board. But an excuse of this kind is received with great caution, and the crew should be well a.s.sured of the necessity of such a step, before taking it, since they run a great risk in so interfering.[195]

[195] 4 Mason, 105. 1 Sumner, 448. Pet. C. C. 118.

EMBEZZLEMENT.--If any of the crew steal, or appropriate, or by gross negligence suffer to be stolen, any part of the cargo, or anything belonging to the ship, they are responsible for the value of everything stolen or appropriated.

It is necessary that the fraud, connivance, or negligence of a seaman should be proved against him, before he can be charged with anything lost or stolen; and in no case is an innocent man bound to contribute towards a loss occasioned by the misconduct of another. If, however, it is clearly proved that the whole crew were concerned, but one offender is not known more than another, and the circ.u.mstances are such as to affect all the crew, each man is to contribute to the loss, unless he clears himself from the suspicion.[196]

[196] 1 Mason, 104. Gilpin, 461.

PIRACY.--If the master or crew of a vessel shall, upon the high seas, seize upon or rob the master or crew of another vessel; or if they shall run away with the vessel committed to their charge, or any goods to the amount of $50; or voluntarily yield them up to pirates; or if the crew shall prevent the master by violence from fighting in the defence of vessel or property; such conduct is piracy, and punishable with death.[197]

[197] Act 1790, ch. 36, --8; 1820, ch. 113, --3.

It is also piracy, and punishable with death, to be engaged in any foreign country in kidnapping any negro or mulatto, or in decoying or receiving them on board a vessel with the intention of making them slaves.[198]

[198] Act 1820, ch. 113, --4, 5.

CHAPTER XI.

Seamen's Wages.

Affected by desertion or absence;--by misconduct;--by imprisonment;--by capture;--by loss of vessel and interruption of voyage. Wages on an illegal voyage. Wages affected by death or disability.

WAGES AFFECTED BY DESERTION OR ABSENCE.--It has been seen that if a seaman, at the commencement of the voyage, neglects to render himself on board at the time appointed, and an entry thereof is made in the log-book, he forfeits one day's pay for every hour's absence; and if he shall wholly absent himself, so that the ship is obliged to go to sea without him, he forfeits his advance and as much more.[199] And if at any time during the voyage he absents himself without leave, and returns within forty-eight hours, he forfeits three days' pay for every day's absence; but if he is absent more than forty-eight hours, he forfeits all the wages then due him, and all his clothes and goods on board at the time.[200] These forfeitures cannot be exacted against the seaman unless there is an entry made in the log-book on the same day that he left, specifying the name of the seaman, and that he was absent without leave.[201]

[199] Act 1790, ch. 56, --2.

[200] Do. --4.

[201] Gilpin, 83, 140, 207. Ware, 309.

But independently of these regulations, and without the necessity of any entry, &c., a seaman forfeits his wages for deserting the vessel, or absenting himself wrongfully and without leave, by the general law of all commercial nations.[202] If, however, the seaman is absent without fault of his own,[203] or if he is obliged to desert by reason of cruel treatment, want of food, or the like, he does not forfeit his wages. But in such case, the seaman must prove that the treatment was such that he could not remain without imminent danger to his life, limbs, or health.[204] If the voyage for which he shipped has been abandoned, or there has been a gross and unnecessary deviation, he does not forfeit his wages for leaving the vessel; but then the change of voyage must have been actually determined upon and known to the seaman.[205]

[202] Ware, 309.