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tables, knives, forks, nor plates, in a forecastle; but the kid (a wooden tub, with iron hoops) is placed on the floor and the crew sit round it, and each man cuts for himself with the common jack-knife or sheath-knife, that he carries about him. They drink their tea out of tin pots, holding little less than a quart each.

These particulars are not looked upon as hardships, and, indeed, may be considered matters of choice. Sailors, in our merchantmen, furnish their own eating utensils, as they do many of the instruments which they use in the ship's work, such as knives, palms and needles, marline-spikes, rubbers, etc. And considering their mode of life in other respects, the little time they would have for laying and clearing away a table with its apparatus, and the room it would take up in a forecastle, as well as the simple character of their meals, consisting generally of only one piece of meat,--it is certainly a convenient method, and, as the kid and pans are usually kept perfectly clean, a neat and simple one. I had supposed these things to be generally known, until I heard, a few months ago, a lawyer of repute, who has had a good deal to do with marine cases, ask a sailor upon the stand whether the crew had "got up from table" when a certain thing happened. ---------------

and on the score of sleep, I fully believe that the lives of merchant seamen are shortened by the want of it. I do not refer to those occasions when it is necessarily broken in upon; but, for months, during fine weather, in many merchantmen, all hands are kept, throughout the day, and, then, there are eight hours on deck for one watch each night. Thus it is usually the case that at the end of a voyage, where there has been the finest weather, and no disaster, the crew have a wearied and worn-out appearance. They never sleep longer than four hours at a time, and are seldom called without being really in need of more rest. There is no one thing that a sailor thinks more of as a luxury of life on shore, than a whole night's sleep. Still, all these things must be left to be gradually modified by circumstances.

Whenever hard cases occur, they should be made known, and masters and owners should be held answerable, and will, no doubt, in time, be influenced in their arrangements and discipline by the increased consideration in which sailors are held by the public.

It is perfectly proper that the men should live in a different part of the vessel from the officers; and if the forecastle is made large and comfortable, there is no reason why the crew should not live there as well as in any other part. In fact, sailors prefer the forecastle. It is their accustomed place, and in it they are out of the sight and hearing of their officers.

As to their food and sleep, there are laws, with heavy penalties, requiring a certain amount of stores to be on board, and safely stowed; and, for depriving the crew unnecessarily of food or sleep, the captain is liable at common law, as well as under the statute before referred to. Farther than this, it would not be safe to go.

The captain must be the judge when it is necessary to keep his crew from their sleep; and sometimes a retrenching, not of the necessaries, but of some of the little niceties of their meals, as, for instance, duff on Sunday, may be a mode of punishment, though I think generally an injudicious one.

I could not do justice to this subject without noticing one part of the discipline of a ship, which has been very much discussed of late, and has brought out strong expressions of indignation from many,--I mean the infliction of corporal punishment. Those who have followed me in my narrative will remember that I was witness to an act of great cruelty inflicted upon my own shipmates; and indeed I can sincerely say that the simple mention of the word flogging, brings up in me feelings which I can hardly control. Yet, when the proposition is made to abolish it entirely and at once; to prohibit the captain from ever, under any circumstances, inflicting corporal punishment; I am obliged to pause, and, I must say, to doubt exceedingly the expediency of making any positive enactment which shall have that effect. If the design of those who are writing on this subject is merely to draw public attention to it, and to discourage the practice of flogging, and bring it into disrepute, it is well; and, indeed, whatever may be the end they have in view, the mere agitation of the question will have that effect, and, so far, must do good. Yet I should not wish to take the command of a ship to-morrow, running my chance of a crew, as most masters must, and know, and have my crew know, that I could not, under any circumstances, inflict even moderate chastisement. I should trust that I might never have to resort to it; and, indeed, I scarcely know what risk I would not run, and to what inconvenience I would not subject myself, rather than do so. Yet not to have the power of holding it up in terrorem, and indeed of protecting myself, and all under my charge, by it, if some extreme case should arise, would be a situation I should not wish to be placed in myself, or to take the responsibility of placing another in.

Indeed, the difficulties into which masters and officers are liable to be thrown, are not sufficiently considered by many whose sympathies are easily excited by stories, frequent enough, and true enough of outrageous abuse of this power. It is to be remembered that more than three-fourths of the seamen in our merchant vessels are foreigners. They are from all parts of the world. A great many from the north of Europe, beside Frenchmen, Spaniards, Portuguese, Italians, men from all parts of the Mediterranean, together with Lascars, Negroes, and, perhaps worst of all, the off-casts of British men-of-war, and men from our own country who have gone to sea because they could not be permitted to live on land.

As things now are, many masters are obliged to sail without knowing anything of their crews, until they get out at sea. There may be pirates or mutineers among them; and one bad man will often infect all the rest; and it is almost certain that some of them will be ignorant foreigners, hardly understanding a word of our language, accustomed all their lives to no influence but force, and perhaps nearly as familiar with the use of the knife as with that of the marline-spike. No prudent master, however peaceably inclined, would go to sea without his pistols and handcuffs. Even with such a crew as I have supposed, kindness and moderation would be the best policy, and the duty of every conscientious man; and the administering of corporal punishment might be dangerous, and of doubtful use. But the question is not, what a captain ought generally to do, but whether it shall be put out of the power of every captain, under any circumstances, to make use of, even moderate, chastisement. As the law now stands, a parent may correct moderately his child, and the master his apprentice; and the case of the shipmaster has been placed upon the same principle. The statutes, and the common law as expounded in the decisions of courts, and in the books of commentators, are express and unanimous to this point, that the captain may inflict moderate corporal chastisement, for a reasonable cause. If the punishment is excessive, or the cause not sufficient to justify it, he is answerable; and the jury are to determine, by their verdict in each case, whether, under all the circumstances, the punishment was moderate, and for a justifiable cause.

This seems to me to be as good a position as the whole subject can be left in. I mean to say, that no positive enactment, going beyond this, is needed, or would be a benefit either to masters or men, in the present state of things. This again would seem to be a case which should be left to the gradual working of its own cure. As seamen improve, punishment will become less necessary; and as the character of officers is raised, they will be less ready to inflict it; and, still more, the infliction of it upon intelligent and respectable men, will be an enormity which will not be tolerated by public opinion, and by juries, who are the pulse of the body politic. No one can have a greater abhorrence of the infliction of such punishment than I have, and a stronger conviction that severity is bad policy with a crew; yet I would ask every reasonable man whether he had not better trust to the practice becoming unnecessary and disreputable; to the measure of moderate chastisement and a justifiable cause being better understood, and thus, the act becoming dangerous, and in course of time to be regarded as an unheard-of barbarity--than to take the responsibility of prohibiting it, at once, in all cases, and in what ever degree, by positive enactment?

There is, however, one point connected with the administration of justice to seamen, to which I wish seriously to call the attention of those interested in their behalf, and, if possible, also of some of those concerned in that administration. This is, the practice which prevails of making strong appeals to the jury in mitigation of damages, or to the judge, after a verdict has been rendered against a captain or officer, for a lenient sentence, on the grounds of their previous good character, and of their being poor, and having friends and families depending upon them for support. These appeals have been allowed a weight which is almost incredible, and which, I think, works a greater hardship upon seamen than any one other thing in the laws, or the execution of them. Notwithstanding every advantage the captain has over the seaman in point of evidence, friends, money, and able counsel, it becomes apparent that he must fail in his defence. An appeal is then made to the jury, if it is a civil action, or to the judge for a mitigated sentence, if it is a criminal prosecution, on the two grounds I have mentioned. The same form is usually gone through in every case. In the first place, as to the previous good character of the party. Witnesses are brought from the town in which he resides, to testify to his good character, and to his unexceptionable conduct when on shore. They say that he is a good father, or husband, or son, or neighbor, and that they never saw in him any signs of a cruel or tyrannical disposition. I have even known evidence admitted to show the character he bore when a boy at school. The owners of the vessel, and other merchants, and perhaps the president of the insurance company, are then introduced; and they testify to his correct deportment, express their confidence in his honesty, and say that they have never seen anything in his conduct to justify a suspicion of his being capable of cruelty or tyranny. This evidence is then put together, and great stress is laid upon the extreme respectability of those who give it. They are the companions and neighbors of the captain, it is said,--men who know him in his business and domestic relations, and who knew him in his early youth. They are also men of the highest standing in the community, and who, as the captain's employers, must be supposed to know his character. This testimony is then contrasted with that of some half dozen obscure sailors, who, the counsel will not forget to add, are exasperated against the captain because he has found it necessary to punish them moderately, and who have combined against him, and if they have not fabricated a story entirely, have at least so exaggerated it, that little confidence can be placed in it.

The next thing to be done is to show to the court and jury that the captain is a poor man, and has a wife and family, or other friends, depending upon him for support; that if he is fined, it will only be taking bread from the mouths of the innocent and helpless, and laying


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