Dana, Richard Henry, 1815-1882; Sailors; Seafaring life; Voyages and travels
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 every one
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 some society got up, to set all right at once. On this
subject there can be no call for any such movement; on the contrary, I
fully believe that any public and strong action would do harm, and that
we must be satisfied to labor in the less easy and less exciting task
of gradual improvement, and abide the issue of things working slowly
together for good.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account