History of merchant shipping and ancient commerce, Volume 3 (of 4)

by W. S. Lindsay

CHAPTER I.

Progress of the United States of America—Their resources—Discriminating duties levied by France, 1820, against American ships—Rapid rise of New Orleans, and of New York—Boston ships extend their trade to India and China—Stephen Girard, the rich and eccentric American shipowner, note—Mercantile marine laws of the United States—Duties of master and mate—Provision for Seamen—Special Acts relating to them—Power given to American consuls to deal with seamen on their ships—Superiority of native American seamen, owing to their education—Excellent schools and early training for them—Spirit and character of the “Shipping Articles” as affecting the seamen—the owners—and the master or consignee—Conditions of wages, and remedies for their non-payment; and other securities for seamen—Power of Appeal by them to the Admiralty Courts—Laws with reference to pilots—Character of American seamen, and especially of the New Englanders.

Progress of the United States of America.

Perhaps no nation, in either ancient or modern times, ever made such prodigious strides in wealth, population, and power, and, necessarily, in commerce and navigation, as have the United States of America during the first half of the present century. Nor is this a matter for surprise. Practically, the American people had during that period started in life with the singular advantage, that they commenced their career with the accumulated wisdom of a long ancestry, with whom, unlike the nations of ancient times, they have continued to have the means of easy communication. Therefore, they had the capability of assuming, almost at once, an important position in the world, and of exercising no mean influence over its affairs, having few of those difficulties to encounter, which European nations, in their slow emergence from a state of political and intellectual darkness, have taken centuries to surmount.

Their resources.

Finding themselves in a safe geographical position, with the most magnificent harbours on every part of their coast, already prepared by the hand of nature for their use, with the greatest navigable rivers in the world, with lakes which are inland seas, and with boundless virgin soil at their disposal: wanting nothing, in short, but wise laws and abundant labour, they speedily discovered their strength, and, in their earlier debates, in Congress gravely discussed the question whether they should not style themselves the most enlightened people in the world.[1] Nor, indeed, was this boast altogether vain and baseless, for the Americans were in a position to adopt, as they might choose, the whole sum of human knowledge, with the power, at the same time, of applying this knowledge to the satisfaction of their varying wants.

Their capacity for government, in its application to commerce and navigation, equalled, if it did not surpass, that of the race whence they descended; and their system of education, the only true basis of a nation’s greatness, far surpassed that of Great Britain; hence, in all diplomatic negotiations, relating either to their political independence or to their material interests, they have generally exhibited such marked tact, ability, and acuteness, as has enabled them frequently to obtain ample redress from foreign nations, and often, too, without that formal demand which, if not complied with, leads to war: from their example a few of our diplomatists, who reside abroad, would do well to take a lesson.

With these elements of knowledge, wealth, and national power, combined with a martial spirit, readily kindled into action whenever the necessity arose, the Americans, under an extremely liberal government, have rapidly and deservedly assumed a proud position among nations. Not the least interesting and instructive cause of their rise was the promptitude with which they developed, by the then best known means, their great natural resources, and none more so than their maritime commerce, for, within eighty years from their Declaration of Independence, they rivalled, and, indeed, surpassed in the amount of their merchant shipping, all other nations.[2]

Discriminating duties levied by France, 1820, against American ships.

Nor was that high position reached without innumerable difficulties in the shape of laws adverse to her interests. Great Britain excluded her ships from all her colonies; and, though France had ceded to her by treaty in 1803, for the sum of fifteen million dollars, the State of Louisiana, that country for many years afterwards continued to levy heavy differential duties on all goods imported into France in American bottoms, while American shipowners had to contend at their port of export against the predominant interests of a country whose settlers for a long time greatly outnumbered the native Americans resident in New Orleans. Indeed, so late as 1820, a long memorial[3] was presented to Congress from twenty-four captains of American vessels then lying at New Orleans, stating that they “cannot earn a competent livelihood, owing to the fatal discriminating duties established in France in favour of its own vessels in the exclusive importation there of the staples of the United States.” The memorialists[4] further alleged that on some articles the duty was “ten times” in favour of French vessels, and that the “aggregate importation in French vessels at the port of New Orleans exceeded very much in quantity the amount imported by American vessels;” being in the proportion of “nearly four to one.” In confirmation of these statements the memorialists furnished a return from the Customs which demonstrated that the carrying trade between New Orleans and France was being then rapidly transferred from American to French vessels; and they stated that the only reason why the French did not absorb the whole trade, was that they had not a sufficient number of vessels to undertake it. The petitioners further insisted that nothing but “a positive tonnage duty,” graduated according to the amount of the differential duties levied in France on the chief American staples, would avail to keep their trade in their own hands.

Rapid rise of New Orleans

Nevertheless, in spite of these hostile tariffs, and the war of retaliating duties which was for some time waged, New Orleans, from being the natural emporium of the vast tracts of country traversed by the Mississippi, Missouri, and their tributary streams, and enjoying, as it does, a greater command of internal navigation than any other city in either the Old or New World, has made since 1820 the most astounding strides in its maritime commerce.[5]

and of New York.

But in the face of equal difficulties as regards hostile tariffs, New York, through the great natural resources at her command, and other causes, surpassed New Orleans in the rapidity of its early commercial and maritime progress. Although its advancement during the first decade of the present century was scarcely equal to that of the preceding ten years, during which it enjoyed unexceptionable prosperity (no other city in the United States having profited so much, during the earlier periods, by the war in Europe), its merchants and shipowners suffered severely between 1806 and 1815 from the disastrous effects of captures, condemnations, and embargoes. Nor was it until 1825 that New York began to assume the importance which she has continued to maintain among the other commercial cities of the Union. In that year an internal element of prosperity was brought into operation by the construction of the Erie Canal, which opened for trade the agricultural products of the fertile valley of the Tennessee, and the whole coasts of the northern lakes. The introduction of steam-navigation, to which I shall fully refer hereafter, affording greatly increased facilities for the conveyance of merchandise to and from New York by means of the numerous navigable rivers which intersected that and the neighbouring States, naturally gave an enormous impulse to its navigation, while the coal from the great Pennsylvania coal basin contributed essentially to its prosperity.[6]

Boston ships extend their trade to India and China.

Nor was the prosperity confined to New York. It extended for many years to all the ports of the Union. Boston, which, twenty years before the Declaration of Independence, was only a village containing about twenty houses, and, so late as 1822, was still governed by a body of “select men,” according to the custom of New England [the people, till then, declining to adopt a municipal government], vied with New York in the Foreign Trade which had arisen, and early in the present century despatched their vessels on the most distant voyages. Indeed, so early as 1789, the merchants of Boston and Salem sent various ships direct to the East Indies and China, and, many years before the “Free Traders” of Great Britain could enter upon this trade, then monopolised by the ships of the East India Company, so far as regards Great Britain, the merchants[7] of Massachusetts supplied, not merely their own people with the bulk of the teas, spices, silks, sugar and coffee from the East as well as with nankeens and other cotton clothes, but reshipped them from Boston to Hamburg and the Northern ports of Europe in their own vessels, thus deriving large profits from a trade with our possessions, from which the great bulk of our ships were long excluded by the stringent restrictions of a pernicious monopoly.[8]

Mercantile marine laws of the United States.

We have thus seen with what rapidity the Americans, in their early career, covered almost every ocean with their ships. As in other matters, so in the rules and regulations drawn up for the internal management of their marine, they were able, at the commencement of their independence, to adopt from other nations such laws, even to their most minute details, as appeared to them the best fitted for their position. Thus, one of their earliest Acts, that of 1790, provides: that, “if a seaman is engaged without the execution of the shipping paper, the master or mariner shall pay to the seaman the highest wages that have been given within the three months next before the time of such shipping;” and the principle of this law has been long maintained, for the Act of 1840 declares that “any seaman so shipped may, at any time, leave the service, and demand the highest rate of wages given to any seaman shipped for the voyage.” In the Bank and Cod-fisheries, the contract of seamen with the masters and owners is required to be in writing, expressing the general terms of the voyage; and in the Whale-fishery, though the shipping paper is not absolutely required by the law, there is still a regular engagement, generally in writing, stipulating, among other things, the terms of the voyage, and the shares or “lays” of each officer and seaman on board the ship.

Duties of master and mate.

The several modes in which seamen’s contracts are executed, are the hiring by the month or by the voyage so long as it shall continue, or for a share of the profits, or of the freight earned in certain voyages. The American law invests the master with the sole government of his ship and the absolute right of direction, subject to the legal consequences of any abuse of his powers. He may enforce his authority by the infliction of punishment upon the crew, but, should he exceed these limits, he is liable, by a Statute of the United States, to an action for damages in the Civil Courts, and to a criminal prosecution. The measure of punishment proportioned to the offence is to be ascertained by the special circumstances of the case; but all punishments must be inflicted with proper instruments. Hence, while the master has power to punish a seaman and to imprison him on board, to prevent a violation of the order and peace of the ship, he must be prepared to show that such measures were necessary.

The duties of mate, as laid down by the United States, resemble those of other countries. In the absence or death of the master he takes his place, exercising a general superintendence over the affairs of the ship. But his ordinary duties are confined to calling the attention of the master to everything requiring his notice, to the receipt and stowage of cargo, and to whatever is necessary for the proper equipment and sailing of the vessel while at sea. The mate is also required to keep the log-book, wherein he is bound to enter every matter of importance, such as the courses steered, the winds, and state of the weather, with many other minute details connected with the navigation of the ship. If he is guilty of such negligence as to involve the loss of his cargo, he alone is responsible; and if he interferes with the responsibility, of others he renders himself responsible. Thus, if he undertakes, while in harbour, the removal of any merchandise, resulting in loss, the amount may be deducted from his wages, it being the rule, that the wharfinger is responsible for the safe delivery of all goods on board the vessel.

Provision for seamen.

The American law has, also, provided for the proper sustenance of seamen, by requiring that a certain amount of the provisions shipped be set apart for this purpose, and, further, that they shall be provided for during bonâ fide sicknesses occurring during the service of the ship, and not from the seamen’s own fault, when absent occasionally or without express permission. All vessels bound for any ports beyond the limits of the United States are to be provided with a medicine chest. Provision, moreover, is made for sick and disabled seamen on shore, the law enjoining on the master or owner of every vessel the payment towards the maintenance of hospitals on shore, into the hands of the Collector of Customs of 20 cents per month for every seaman in their employ. This sum is deducted from the wages of the seamen, and is required from all seamen alike, whether in the coasting or oversea trades.

Barratry committed by the master or mariner is treated as in England. Running away with or destroying the ship, mutiny, piracy, piratical confederacy, endeavouring to create a revolt, desertion, embezzlement, negligence, drunkenness, and disobedience, are all regarded as grave offences, and punished in a greater or less degree.

Special Acts relating to them.

By the Act of the 20th February, 1803, it was provided that the master of any merchant vessel, clearing for a foreign port, should enter into a bond in the sum of 400l. for the production of his crew at the first port at which he should arrive on his return to the United States, unless any one or more of the crew had been discharged in a foreign country, with the consent of the American consul or commercial agent of the United States, except in the case of death, of absconding, or of forcible impressment into some other service. This Act, likewise, provided that, when a vessel was sold abroad, and the crew discharged by mutual consent, the master should pay to the consul for any seaman thus discharged three months’ wages over and above those he had earned up to the time of his discharge; two-thirds thereof to be paid to the seaman himself, on his engagement to return to the United States, and the remaining third to be retained towards a fund for the payment of the passages for seamen, citizens of the United States, who may be desirous of returning home; and for the maintenance of destitute American seamen resident at the port of discharge.

Power given to American consuls

Although many persons were of opinion that the Act of 1803, requiring, under the circumstances named, a payment of three months’ extra wages, and empowering consuls to send seamen home, disabled or otherwise, “in the most reasonable manner,” frequently led to improper expenditure, and that a more strict accountability, than then existed, ought to be enforced, these clauses remained unaltered until 1840, when their features were changed; consuls and commercial agents of the United States being by the Act of the 20th July of that year invested with the power to discharge, when they thought it “expedient,” any seaman, on the joint application of the master of the ship and the seaman himself, without requiring payment of any sum beyond the wages due at the time of discharge.

The Act, however, of 1840 created so many objections of another kind, that it became necessary, shortly afterwards, to make various alterations. It was felt that the discretion given to the consuls was likely to operate unfortunately for all parties concerned. Acting, as the consuls then very frequently did, in the double capacity of agent for the United States and consignee of the vessel, they were too often induced to gratify the wishes of the owner and master to the injury of the seaman. Consequently, either the American consular establishments had to be re-organised upon a more independent system, or the “expediency” clauses had to be abolished. But other and still more weighty reasons suggested the desirability of adopting the former course. While, at a later period, the discretionary power was abolished, except in cases of sickness and insubordination, arrangements were made to disconnect Government agencies entirely from commercial operations. Now, all consuls, who must be exclusively American citizens, are remunerated by fixed salaries, instead of fees as formerly, and are removed from the possibility of all interested connexion with shipowners and shipmasters; by being, in nearly every instance, as is now the case with the consuls of Great Britain, prohibited from carrying on business on their own account—at least such business as can in any way interfere with their duties as consul.

to deal with seamen on their ships.

But it has been necessary also to make several other material alterations in the maritime laws. By the Act of 1790, it was provided that if any seaman deserted, or even absented himself for forty-eight hours without leave from his ship, he forfeited to the master or owner of the vessel all the wages due to him, and all his goods and chattels on board, or in any store where they were deposited at the time of such desertion or absence, besides other penalties. This forfeiture might be necessary or proper to check desertion; but it was easy to see, that it was in the highest degree unwise, that it should be given for the use of the master or owner of the ship. It tended, indeed, to produce the very effect and mischief it was intended to prevent. Masters of American vessels, when nearing a port where a new crew could be shipped at reduced wages, and when in arrears to their seamen (a fact which often occurs in long whaling voyages), were apt to adopt a course of tyrannical conduct, with the desire of compelling desertion; and, on their arrival, to permit their sailors a temporary absence from the ship, and then to leave them, under the plea of desertion, as a charge on the hands of the consul.

One flagrant instance was mentioned by the consul at Lima, of a supercargo of a vessel, who stated that he had saved in one voyage alone more than 1000 dollars by the desertion of his hands, as if this were a fair source of profit to either owner or master.

The simple entry in the log-book of the fact of absence or desertion was, then, deemed conclusive against the seaman. Hence a very large sum was necessarily expended by the American Government in providing for destitute seamen. But this was partly attributable to the general increase of the United States commerce, and not altogether to the defective working of the law. While the aggregate amount of the registered tonnage of the United States in 1830 was about 576,000 tons, it had reached in 1840, 899,000, showing an increase of 323,000 in ten years,[9] but the increase of seamen applying for relief at distant consulates had at that time, it would seem, gone far beyond the general increase in the amount of shipping.

The whole question of the relations between the men and their employers, as they existed in the United States, is too wide a subject to be embraced in the present work. There are, however, some general, as well as special, points, both as regards the mariners and the law regulating their conduct, which deserve attention. During the first half of this century the masters of American vessels were, as a rule, greatly superior to those who held similar positions in English ships, arising in some measure from the limited education of the latter, which was not sufficient to qualify them for the higher grades of the merchant service. American shipowners required of their masters not merely a knowledge of navigation and seamanship, but of commercial pursuits, the nature of exchanges, the art of correspondence, and a sufficient knowledge of business to qualify them to represent the interests of their employers to advantage with merchants abroad. On all such matters the commanders of English ships, with the exception of the East India Company’s, were at this period greatly inferior to the commanders of the United States vessels.

“Education,” remarks Mr. Joseph T. Sherwood,[10] “is much prized by the citizens; many vessels, therefore, are commanded by gentlemen with a college education, and by those educated in high schools, who, on leaving those institutions, enter a merchant’s counting-room for a limited time before they go to sea for practical seamanship, &c., or are entrusted by their parents, guardians, or friends, with the command of vessels.”

Superiority of native American seamen, owing to their education.

In confirmation of this opinion, Mr. Consul Peter, of Philadelphia, states[11]: “A lad intended for the higher grades of the merchant service in this country, after having been at school for some years and acquired (in addition to the ordinary branches of school learning) a competent knowledge of Mathematics, Navigation, Ships’ husbandry, and perhaps French, is generally apprenticed to some respectable merchant, in whose counting-house he remains two or three years, or at least until he becomes familiar with exchanges and such other commercial matters as may best qualify him to represent his principal in foreign countries. He is then sent to sea, generally in the capacity of second mate, from which he gradually rises to that of captain.”

Besides this, however, it must be remembered that American shipowners offered greater inducements than the English then did to young men of talent and education to enter the merchant service, as the amount of wages, alone, was two- and three-fold greater in the former than in the latter. Again, the American shipmasters were, also, almost invariably admitted, nay frequently solicited by the managing owners, to take some shares in the ships placed under their command; and, in cases, where the master had no capital, the owner often conveyed to him a share of one-sixth, and sometimes even one quarter, to be paid for out of his wages and the profits of the ships. Thus young men of good position and talent were led to enter the American merchant service, and had much greater inducements than they would then have had in Great Britain to take a zealous interest in the economy, discipline, and success of the ship they commanded; and this, not merely from the fact that they were well recommended, but from the confidential and courteous treatment they received from their employers. Captains of the larger class of packets or merchant-ships, therefore, could not only afford to live as gentlemen, but, if men of good character and fair manners (which they generally were), they were received into the best mercantile circles on shore. They were also allowed, besides their fixed salary, a percentage (usually 2½ per cent.) on all freights, and by various other privileges (particularly in relation to passengers) they were thus enabled to save money and to become, in time, merchants and shipowners on their own account, a custom which prevailed, to a large extent, in the New England States.

Excellent schools and early training for them.

Nor were the interests of the common seamen overlooked. Boys of all classes, when fit, had the privilege of entering the higher free schools, in which they could be educated for almost every profession. An ignorant American native seaman was, therefore, scarcely to be found; they all, with few exceptions, knew how to read, write, and cypher. Although, in all nations, a mariner is considered a citizen of the world, whose home is on the sea, and, as such, can enforce compensation for his labour in the Courts of any country, his contract being recognised by general jurisprudence, the cases of disputes between native-born Americans and their captains have ever been less frequent both in this country and abroad than between British masters and seamen, owing, in a great measure, to the superior education and the more rigorous discipline on board American vessels. In the United States, the master of the ship was, and is still, usually employed to hire the seamen; and although, in hiring, he is the agent of the owners (and they have co-ordinate power), still if they do not dissent, the engagement entered into by the master with the seamen is binding on the owners also. The contract is, however, not made with the person of the master, but with the shipowners; therefore, if there is no master, the seamen contract to sail under any master who may be appointed. Thus, on the one side of the contract is the seaman, and, on the other, the master or owner—the master acting as the owner’s agent, under ordinary circumstances, although the owner, from his holding the property in the ship, is more directly affected by the contract.

Spirit and character of the “Shipping Articles,”

The master and owner, on their side, agree by the contract, technically termed “Shipping Articles,” which, if drawn up in the prescribed form and signed by all the seamen, expresses the conditions of the voyage, with a promise to pay to the mariners their stipulated wages. It is, also, implied in it that the voyage shall be legal, and the vessel provided with the various requisites for navigation; and, further, that it shall be within defined limits and without deviation, except such as may be absolutely necessary for the safety of the crew, vessel, or cargo. It is also a part of the contract that the seamen shall be treated with humanity, and be provided with subsistence according to the laws of their country; unless there is in it an express provision to the contrary, or a condition to conform with the usages of a particular trade.

as affecting the seamen;

The seaman, on his side, by the act of signing the “Shipping Articles,” contracts to do all in his power for the welfare of the ship; engages that he has competent knowledge for the performance of the duties of the station for which he contracts; to be on board at the precise time which, by American law, constitutes a part of the articles; and to remain in the service of the ship till the voyage has been completed. If he does not so report himself on board the vessel, he may be apprehended and committed to the custody of the law till the ship is ready to sail. He contracts also to obey all the lawful commands of the master; to preserve order and discipline aboard, and to submit, as a child to its parent, for the purpose of securing such order and discipline during the voyage.[12]

the owners;

As in England, the owners have the right of removing a master, who is part owner of a vessel; but, if he is removed without good cause, and while at the same time specially engaged, they are liable to him for damages. Where, however, he has only a general engagement with a vessel, his relation to the owners is scarcely more than a mere agency, revocable at any time. On the other hand, the master cannot leave the ship in which he has contracted to sail without being himself answerable to the owners.

The authority of a master over his ship is in all essential particulars the same as that prescribed by British law. With regard to letting the ship, the same principles prevail on both sides of the Atlantic.[13]

In general the owners are responsible for injuries committed by the master in that capacity, as in cases of collision, discharges of mariners, damages to cargo from want of ordinary care, and embezzlement. The master is answerable for all contracts made by him in connexion with the navigation of a ship, as also for all damages arising from his want of skill or care, and for repairs and supplies, except when furnished on the exclusive credit of the owner.

and the masters or consignees.

If the master of a ship is at the same time commander and consignee, he stands in the twofold relation of agent of the owner and consignor, and is invested with appropriate duties in both capacities. Inasmuch as the master and owner are in the eyes of the American law common carriers, it is the master’s duty to see that his vessel is seaworthy and provided with a proper crew, to take a pilot, where required by custom or law, to stow the goods properly, to set sail in fair weather, to transport the cargo with care, and to provide against all but inevitable mishaps. In other respects, American and English laws are almost identical; the admirable decisions of Judge Story, Chancellor Kent, and Chief Justice Marshall having, however, made some refined distinctions.

Conditions of wages,

and remedies for their non-payment; and the other securities for seamen.

As it was considered the duty of sailors to remain by their vessel till the cargo was discharged, they had no claim to their wages till then, but, if these were not paid within ten days after such discharge, they had a right to an admiralty process against the vessel. Only one-third of the wages earned can be demanded by the mariner at any port of delivery during the voyage. There may be on this subject a special stipulation; but, if the ship be lost or captured, wages earned up to the last port of delivery may be recovered by the mariner, on his return home, to the place to which the vessel has carried freight; freight being by the laws of all nations “the Mother of Wages:” inasmuch, however, as they depend upon the vessel’s safety and the earning of the freight, they cannot be insured. In all cases of capture, the seamen lose their wages, unless the ship is restored. In cases of rescue, recapture, and ransom, the wages of mariners are subject to a general average, but in no other case are they liable to contribute. In cases of shipwreck the rule prevails, as elsewhere, that, if parts of the ship be saved by the exertions of the seamen, they hold a lien on those parts for some kind of compensation, but this is viewed somewhat in the light of salvage. When a seaman dies on board ship, wages are usually allowed up to the time of his decease, if the cause of death occurred during the term of his engagement, and otherwise than by his own fault. In the whale-fishery, the representatives of a deceased mariner are entitled to that share of the profits which the term of his service bore to the whole voyage, according to his contract. If a voyage is broken up by the fault of the master or owner, full compensation must be given to the seaman; so also, in cases of wrongful discharge, the seaman usually recovers full indemnification in American Courts of law. Indeed they have more effectual remedies for the recovery of their wages than the seamen of most other countries, from the fact that Americans have followed the ancient laws already quoted: moreover, they have their remedy against the master, and can recover their wages from him personally, or from the owner or owners of the vessel, or from the person who appointed the master and gave him his authority.

For personal injuries inflicted by the master upon the seamen, such as assaults, batteries, or imprisonments, the seaman in the United States has his remedy by an action at common law, or by a libel in the Admiralty Courts, in what is technically denominated “a cause of damage.” So, also, in a wrongful discharge, an action would be not only on the special tort committed, but also for the wages on the original contract of hiring, the wrongful discharge being void.

Power of appeal by them to the Admiralty Courts.

In order to institute suits in the Courts of Admiralty in the United States it is necessary that the voyage should be on tidal waters, and that the service on which suit is brought should be connected with commerce and navigation. The jurisdiction of those Courts in America extends to personal suits, and includes claims founded in contract and in wrong, and also those cases where claims, founded in a hypothecary interest of the nature of a lien, are urged and adjudicated upon. Their jurisdiction extends, moreover, to those cases in which shares of fish, taken on the Bank and other Cod-fisheries, and of oil in the Whale-fishery, are claimed; and, as in English Courts, the seaman may unite his claims, though founded on distinct contracts, in one suit, but this only when demanding wages. The Courts of Common Law in the United States also take cognizance of mariners’ contracts, but they are not competent to give a remedy so as to enforce the mariner’s lien on the vessel; hence, they confine their jurisdiction to personal suits against the master or owner, in accordance with the contract made with the seaman; but, in cases of tort committed on the high seas, and where the form of action is trespass, or a special action, the common law has concurrent jurisdiction.

The laws of the United States[14] expressly provide that the crews of merchant vessels shall have the fullest liberty to lay their complaints before their consuls abroad, and shall in no respect be restrained therein by any master or officer, unless some sufficient and valid objection exist against their landing, in which case it is the duty of the master to apprize the consul forthwith, stating the reason why the seaman is not permitted to land; whereupon, the consul must proceed on board, and act as the law directs. In all cases where deserters are apprehended the consul is required to investigate the facts, and, if satisfied that the desertion was caused by unusual or cruel treatment, the mariner shall be, in such case, not merely discharged, but shall receive, in addition to his wages, three months’ pay, and the whole act is required to be entered upon the crew-list and shipping articles, with full particulars of the nature of this treatment. Any consul or commercial agent of the United States neglecting or omitting to perform his duties, or guilty of malversation or abuse of power, is liable to an action from the parties aggrieved; and, for corrupt conduct in office, he is liable to indictment, and on conviction may be fined from one to ten thousand dollars, and be imprisoned not less than one, or more than five, years.

Laws with reference to pilots.

Although Congress possesses the power to make the laws necessary for the regulation of Pilots, and the whole business of pilotage is within its authority, there is no general law for these purposes, and the superintendence of pilots is left to the legislation of the individual States. By the Act of 7 August, 1789, it was enacted that all pilots in the bays, inlets, rivers, harbours, and ports of the United States should continue to be regulated by the existing laws of the States respectively, until further legislative proceeding by Congress. The licensing of pilots and fixing rates of pilotage were therefore thus arranged at first; but, as some difficulties arose, it was enacted by the Act 2 March, 1837, that it was lawful for the master or commander of any vessel coming into, or going out of, any port situate upon waters forming the boundaries of any two States to employ any duly licensed or authorised pilot of either State.[15]

Character of American seamen, especially, of the New Englanders.

The native-born American seamen are bold, adventurous, and brave. In their merchant vessels the proportion of native seamen is estimated at about one-third, while it was a common remark that “the rest are rascally Spaniards, surly John Bulls, Zealanders, Malays, anything of any country.” The American native-born seaman is frequently promoted to be an officer, and, sometimes, to the command of large ships, but there are perpetual complaints that the people of the United States do not “take to the sea” with alacrity. Indeed, it is only in the New England States that the sailor’s life may be said to belong to the soil itself, and even the natives of that comparatively barren soil and rigorous climate become sailors, perhaps less from love of adventure and from their natural hardiness, than from necessity. When boys they had, perhaps, widowed mothers to support, younger brothers and sisters to care for, and, there being no other congenial occupation, they “go to sea.” When complaining of his “dog’s life,” the American sailor sits by the hour whittling a stick, and building little boats for his child, recounting at the same time the perils and hardships of the sea. Like British seamen, he has always his pet ship, in which most of his experience has been acquired, and the name of that ship is oftenest on his lips. It is associated with the story of his loves, with the memory of his friendships, and he dates all eras from his several voyages in the vessel of the “one loved name.” As New England was the great storehouse of American seamen, there the best specimens of their seafaring population were to be found. We have seen, even in our time, the puritanical, weather-beaten, Boston skipper—once so famous—sharp as a north-easter, dressed in knee-breeches and buckles, with a three-cornered cocked-hat, not forgetting the pigtail, the very personification of our Commodore Trunnion and Piper of a century ago. But, though they may have degenerated since then, the seamen engaged in the deep-sea fisheries are still a remarkably hardy, robust race, and, hence, have succeeded in that branch of maritime enterprise far more than our own adventurers of late years.