Dana, Richard Henry, 1815-1882; Sailors; Seafaring life; Voyages and travels
In the first place, I have no fancies about equality on board ship, It
is a thing out of the question, and certainly, in the present state of
mankind, not to be desired. I never knew a sailor who found fault with
the orders and ranks of the service; and if I expected to pass the rest
of my life before the mast, I would not wish to have the power of the
captain diminished an iota. It is absolutely necessary that there
should be one head and one voice, to control everything, and be
responsible for everything. There are emergencies which require the
instant exercise of extreme power. These emergencies do not allow of
consultation; and they who would be the captain's constituted advisers
might be the very men over whom he would be called upon to exert his
authority. It has been found necessary to vest in every government,
even the most democratic, some extraordinary, and, at first sight,
alarming powers; trusting in public opinion, and subsequent
accountability to modify the exercise of them. These are provided to
meet exigencies, which all hope may never occur, but which yet by
possibility may occur, and if they should, and there were no power to
meet them instantly, there would be an end put to the government at
once. So it is with the authority of the shipmaster. It will not
answer to say that he shall never do this and that thing, because it
does not seem always necessary and advisable that it should be done.
He has great cares and responsibilities; is answerable for everything;
and is subject to emergencies which perhaps no other man exercising
authority among civilized people is subject to. Let him, then, have
powers commensurate with his utmost possible need; only let him be held
strictly responsible for the exercise of them. Any other course would
be injustice, as well as bad policy.
In the 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.
Public-domain text, read in full here on John Shaqi.
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