As to the appeal made in the captain's behalf on the ground of his being poor and having persons depending upon his labor for support, the main and fatal objection to it is, that it will cover every case of the kind, and exempt nearly the whole body of masters and officers from the punishment the law has provided for them. There are very few, if any masters or other officers of merchantmen in our country, who are not poor men, and having either parents, wives, children, or other relatives, depending mainly or wholly upon their exertions for support in life. Few others follow the sea for subsistence. Now if this appeal is to have weight with courts in diminishing the penalty the law would otherwise inflict, is not the whole class under a privilege which will, in a degree, protect it in wrong-doing? It is not a thing that happens now and then. It is the invariable appeal, the last resort, of counsel, when everything else has failed. I have known cases of the most flagrant nature, where after every effort has been made for the captain, and yet a verdict rendered against him, and all other hope failed, this appeal has been urged, and with such success that the punishment has been reduced to something little more than nominal, the court not seeming to consider that it might be made in almost every such case that could come before them. It is a little singular, too, that it seems to be confined to cases of shipmasters and officers. No one ever heard of a sentence, for an offence committed on shore, being reduced by the court on the ground of the prisoner's poverty, and the relation in which he may stand to third persons. On the contrary, it had been thought that the certainty that disgrace and suffering will be brought upon others as well as himself, is one of the chief restraints upon the criminally disposed. Besides, this course works a peculiar hardship in the case of the sailor. For if poverty is the point in question, the sailor is the poorer of the two; and if there is a man on earth who depends upon whole limbs and an unbroken spirit for support, it is the sailor. He, too, has friends to whom his hard earnings may be a relief, and whose hearts will bleed at any cruelty or indignity practised upon him. Yet I never knew this side of the case to be once adverted to in these arguments addressed to the leniency of the court, which are now so much in vogue; and certainly they are never allowed a moment's consideration when a sailor is on trial for revolt, or for an injury done to an officer. Notwithstanding the many difficulties which lie in a seaman's way in a court of justice, presuming that they will be modified in time, there would be little to complain of, were it not for these two appeals.