Two Years Before the Mast

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.

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.

On the subject of testimony, seamen labor under a difficulty full as great as that of the captain. It is a well-known fact, that they are usually much better treated when there are passengers on board.

The presence of passengers is a restraint upon the captain, not only from his regard to their feelings and to the estimation in which they may hold him, but because he knows they will be influential witnesses against him if he is brought to trial. Though officers may sometimes be inclined to show themselves off before passengers, by freaks of office and authority, yet cruelty they would hardly dare to be guilty of. It is on long and distant voyages, where there is no restraint upon the captain, and none but the crew to testify against him, that sailors need most the protection of the law. On such voyages as these, there are many cases of outrageous cruelty on record, enough to make one heartsick, and almost disgusted with the sight of man; and many, many more, which have never come to light, and never will be known, until the sea shall give up its dead. Many of these have led to mutiny and piracy⁠—stripe for stripe, and blood for blood. If on voyages of this description the testimony of seamen is not to be received in favor of one another, or too great a deduction is made on account of their being seamen, their case is without remedy; and the captain, knowing this, will be strengthened in that disposition to tyrannize which the possession of absolute power, without the restraints of friends and public opinion, is too apt to engender.

It is to be considered, also, that the sailor comes into court under very different circumstances from the master. He is thrown among landlords, and sharks of all descriptions; is often led to drink freely; and comes upon the stand unaided, and under a certain cloud of suspicion as to his character and veracity. The captain, on the other hand, is backed by the owners and insurers, and has an air of greater respectability; though, after all, he may have but a little better education than the sailor, and sometimes (especially among those engaged in certain voyages that I could mention) a very hackneyed conscience.

These are the considerations most commonly brought up on the subject of seamen’s evidence; and I think it cannot but be obvious to everyone that here, positive legislation would be of no manner of use. There can be no rule of law regulating the weight to be given to seamen’s evidence. It must rest in the mind of the judge and jury; and no enactment or positive rule of court could vary the result a hair, in any one case. The effect of a sailor’s testimony in deciding a case must depend altogether upon the reputation of the class to which he belongs, and upon the impression he himself produces in court by his deportment, and by those infallible marks of character which always tell upon a jury.

In fine, after all the well-meant and specious projects that have been brought forward, we seem driven back to the belief, that the best means of securing a fair administration of the laws made for the protection of seamen, and certainly the only means which can create any important change for the better, is the gradual one of raising the intellectual and religious character of the sailor, so that as an individual and as one of a class, he may, in the first instance, command the respect of his officers, and if any difficulty should happen, may upon the stand carry that weight which an intelligent and respectable man of the lower class almost always does with a jury. I know there are many men who, when a few cases of great hardship occur, and it is evident that there is an evil somewhere, think that some arrangement must be made, some law passed, or