History of merchant shipping and ancient commerce, Volume 3 (of 4)Lindsay, W. S. (William Schaw)
History
History of merchant shipping and ancient commerce, Volume 3 (of 4)
Lindsay, W. S. (William Schaw)
Commerce -- History; Shipping -- History; Steam navigation -- History
Nor were the interests of the common seamen overlooked. Boys of all
classes, when fit, had the privilege of entering the higher free
schools, in which they could be educated for almost every profession.
An ignorant American native seaman was, therefore, scarcely to be
found; they all, with few exceptions, knew how to read, write, and
cypher. Although, in all nations, a mariner is considered a citizen
of the world, whose home is on the sea, and, as such, can enforce
compensation for his labour in the Courts of any country, his contract
being recognised by general jurisprudence, the cases of disputes
between _native-born_ Americans and their captains have ever
been less frequent both in this country and abroad than between
British masters and seamen, owing, in a great measure, to the superior
education and the more rigorous discipline on board American vessels.
In the United States, the master of the ship was, and is still, usually
employed to hire the seamen; and although, in hiring, he is the agent
of the owners (and they have co-ordinate power), still if they do not
dissent, the engagement entered into by the master with the seamen is
binding on the owners also. The contract is, however, not made with
the person of the master, but with the shipowners; therefore, if there
is no master, the seamen contract to sail under any master who may be
appointed. Thus, on the one side of the contract is the seaman, and, on
the other, the master or owner—the master acting as the owner’s agent,
under ordinary circumstances, although the owner, from his holding the
property in the ship, is more directly affected by the contract.
[Sidenote: Spirit and character of the “Shipping Articles,”]
The master and owner, on their side, agree by the contract, technically
termed “Shipping Articles,” which, if drawn up in the prescribed form
and signed by all the seamen, expresses the conditions of the voyage,
with a promise to pay to the mariners their stipulated wages. It is,
also, implied in it that the voyage shall be legal, and the vessel
provided with the various requisites for navigation; and, further, that
it shall be within defined limits and without deviation, except such
as may be absolutely necessary for the safety of the crew, vessel,
or cargo. It is also a part of the contract that the seamen shall be
treated with humanity, and be provided with subsistence according to
the laws of their country; unless there is in it an express provision
to the contrary, or a condition to conform with the usages of a
particular trade.
[Sidenote: as affecting the seamen;]
Public-domain text, read in full here on John Shaqi.
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