XIV. Offenses by Seamen
Offenses by seamen are punishable under the laws of the United States, generally, when committed on the high seas, or on any waters within the jurisdiction of the admiralty courts, or on lands under the exclusive jurisdiction of the United States. The list of crimes covers those familiar to the criminal law, such as murder, manslaughter, assault, rape, robbery, arson, larceny, forgery, receiving stolen property, etc. Other offenses peculiar to marine life may be noted as follows.
Mutiny, Desertion and Disobedience.—
Inciting to or participation in a mutiny on a United States vessel is punished by a fine of not over $1,000 or imprisonment of not over five years or both. This offense includes the stirring up of the crew to resist lawful orders or "to refuse or neglect their proper duty, or to betray their proper trust," also "the assembly with others in a tumultuous and mutinous manner." The actual revolt or mutiny—the usurping of the command of a vessel, is punishable by a fine of not over $2,000 or imprisonment of not over ten years, or both.
Willful disobedience is punishable under the Seamen's Act by being placed in irons until the disobedience ceases, and, on arrival in port, by forfeiture of wages, not exceeding four days' pay, or, at the discretion of the court, by imprisonment not exceeding a month.
Continued willful disobedience subjects the offender to being placed in irons on bread and water, with full rations every fifth day, until the disobedience ceases, and the forfeiture, on arrival in port, of twelve days' pay for every twenty-four hours' disobedience, or by imprisonment not over three months, at the discretion of the court.
Desertion is punishable under the Seamen's Act by forfeiture of clothes and effects left on the vessel, and of wages due, the former penalty of imprisonment for desertion in a foreign port having been abolished, as also the provision for the arrest of seamen deserting from foreign vessels. This proviso is much more lenient than the laws of most foreign countries. In the case of England, if the desertion takes place outside the United Kingdom the deserter is liable to imprisonment for a period not exceeding twelve weeks. Imprisonment for desertion in the coastwise trade was abolished by the Maguire Act in 1895.
Miscellaneous Offenses.—
Among these may be mentioned the following:
Seduction of a female passenger, by master, officer, crew or employee is punishable by a fine not exceeding $1,000 and imprisonment not exceeding one year, or both. A subsequent marriage may be pleaded in bar of conviction. Misconduct, neglect or inattention to duty, resulting in loss of life, is punishable by fine not exceeding $10,000, or imprisonment not more than ten years, or both. Abandonment of seamen is punishable by a fine not over $500, or imprisonment not over six months, or both. Barratry—the attempt to injure or destroy a vessel for her insurance—is punishable by a fine not over $10,000 and imprisonment not over ten years. Wrecking—plundering or stealing from a wrecked vessel—calls for a fine not exceeding $5,000 and imprisonment not exceeding ten years. Willfully Obstructing Escape from a wrecked vessel subjects the offender to a minimum imprisonment of ten years, with a maximum punishment of imprisonment for life. Plundering a vessel,—fine $5,000 maximum, and imprisonment not exceeding ten years. Entering a vessel with intent to commit felony,—fine $10,000 maximum, and imprisonment not exceeding five years. Casting away or otherwise destroying vessel by owner,—imprisonment for life or any lesser term; by other person, imprisonment not exceeding ten years.
The carrying of sheath-knives by seamen in the merchant service is forbidden, and penalties for allowing violation of this prohibition are imposed upon the master.
Officers, seamen and employees are forbidden to visit passengers' quarters except by permission of the master. Severe penalties are imposed upon both the offending person and upon the master permitting the violation.
Corporal punishment is prohibited by the Seamen's Act under penalties not only of fine and imprisonment, but of liability to civil damages.
Ill treatment of a seaman, beating without justifiable cause, wounding or beating, or the withholding of suitable food and nourishment, or the infliction of any cruel and unusual punishment is punished by fine of not over $1,000 or imprisonment of not over five years.
Shanghaiing was prohibited, under severe penalties, in 1909.
Assistance in Case of Collision.—
The law requires every master, in the case of a collision, so far as he can do so without serious danger to his own vessel or its crew or passengers, to stand by the other vessel until he has ascertained that she has no need of further assistance, and to render such assistance as may be practical, also to give the name of his own vessel, her port of registry, and other material information. For failure to do so and in the absence of reasonable cause shown for such failure, a collision, in the absence of proof to the contrary, is deemed to have been caused by such master's wrongful act or neglect.
For failing to render such assistance, or giving the information required, masters are liable to a fine of $1,000 or a year's imprisonment, and the vessel is expressly made liable for the amount named, one-half of which is payable to the informer.