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?