Charles Sumner: his complete works, volume 04 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 04 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
"_Be it enacted_, &c., That, in case of wreck or loss of any ship
or vessel of the United States, every seaman belonging thereto
shall be entitled to his wages up to the period of such wreck
or loss, whether such ship or vessel shall or shall not have
previously earned freight, provided such seaman shall have exerted
himself to the utmost to save the ship, cargo, and stores; and in
any trial of the question of services, the master, although a party
to the suit, shall be a competent witness on this question.
"SEC. 2. _And be it further enacted_, That every stipulation, by
which any seaman shall consent to abandon his wages, in case of
wreck or loss of the ship or vessel, or in case of the failure to
earn freight, shall be wholly void."
On this bill Mr. Sumner spoke as follows.
Mr. President,--In introducing this bill, I desire to make a brief
explanation, which shall, at least, be a record of my views with regard
to it.
The bill proposes an amelioration of the existing Maritime Law in
respect to the wages of merchant seamen, which, so far as England is
concerned, has been made already by Act of Parliament, and in our
country can be accomplished only by Act of Congress.
By existing Maritime Law, the seaman's wages depend upon a technical
rule, which sometimes occasions hardship. Freight is compendiously said
to be the mother of wages. In conformity with this fanciful idea, wages
are made to depend upon the earning of freight, unless the freight is
waived by agreement of the owner, or the voyage or freight is lost by
negligence, fraud, or misconduct of the owner or master, or voluntarily
abandoned. In case of wreck, the sailor has simply the chance of
something under the name of salvage, if the fragments saved happen to
be of any value; but if the loss be total, then he is without remedy.
In wrecks, which occur with melancholy frequency, on our churlish
winter coast, this hardship adds even to the sorrows of disaster. Thus,
as in a case which has actually arisen, a crew may commence service at
Calcutta, may navigate the Indian Ocean, double the Cape of Good Hope,
and bring their ship safely within sight of land, and then, by total
loss of ship and cargo, from acknowledged perils of the sea, they may
lose everything, even their right to wages, and may find themselves
in a strange port, the prey of poverty. Nor can any merit, either
throughout the protracted voyage or in the hour of peril and shipwreck,
prevent the operation of this technical rule.
There is also another circumstance which constrains the poor sailor.
The owner may insure his ship, and also his freight, so that he may
lose nothing but the premium he pays; but the sailor is not allowed to
protect himself by insurance from loss of wages: his loss is literally
total.
Public-domain text, read in full here on John Shaqi.
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