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

by W. S. Lindsay

CHAPTER XII.

Parliamentary inquiry, 1854-5, on Passenger ships—Heavy losses at sea previously, and especially in 1854—Emigration system—Frauds practised on emigrants—Runners and crimps—Remedies proposed—Average price, then, of passages—Emigration officer—Medical inspection—American emigration law—Dietary, then, required—Disgraceful state of emigrant ships at that time—Act of 1852—Resolution of New York Legislature, 1854—Evidence as to iron cargoes—Various attempts at improvement—Legislation in the United States, 1855—Uniformity of action impossible—English Passenger Act, 1855—Attempt to check issue of fraudulent tickets—General improvements—Merchant Shipping Act discussed—Extent of owner’s liability—Unnecessary outcry of the Shipowners—Question of limited liability—Value of life—Powers given to the Board of Trade—Mode of procedure in inquiries about loss of life—Further complaints of the Shipowners, who think too much discretion has been given to the Emigration officer—Though slightly modified since, the principle of the Passenger Act remains the same—The “Rule of the road at sea”—Examination now required for engineers as well as masters of steam vessels—Injurious action of the crimps—Savings-banks for seamen instituted, and, somewhat later, money-order offices.

Parliamentary inquiry, 1854-5, on Passenger ships.

Although by the Act of 1854,[149] as well as by previous Acts,[150] all Passenger ships were to be surveyed, the impulse given to emigration by the gold discoveries in Australia, and the increased demand for labour in America, combined with other causes, induced Parliament, in 1854, to appoint another Committee of the House of Commons, besides the one which sat in 1851, to inquire into this now important subject, and to pass an Act, in the following year which is the chief Act now in force (18 & 19 Vict. c. 119) exclusively directed to the conveyance of passengers by sea, more especially of that class of persons known as emigrants.

Between 1815 and 1854, inclusive, 4,116,958 passengers left the United Kingdom, being upon an average 102,923 persons annually. But of this vast number 2,446,802, or nearly three-fifths, emigrated during the eight years previous to 1854, and 1,358,096 of them in the previous four years. So great had the rage for emigration become, that in 1854, no less a sum than 1,730,000l. was remitted by settlers in North America to their relations and friends in the United Kingdom for the express purpose of enabling those who had been left at home to join them in their adopted country.[151]

Heavy losses at sea previously, and especially in 1854.

Yet these acts of generosity and self-denial, altogether unparalleled in the history of the world (we have no record of any such acts in the great tides of emigration from the East, and in those which peopled Carthage from Phœœnicia), had been performed during many previous years, the sums remitted for this purpose having varied from about half a million sterling to more than a million and a half annually. This rush for emigration having induced Shipowners, eager to reap so rich a harvest, to place vessels in the trade, many of which were altogether unsuited for it, with other causes, compelled the Legislature to investigate the whole subject; the result being the comprehensive Passenger Act of 1855, which was passed not one day too soon. During the seven years ending December 1853, no fewer than sixty-one ships were lost in this trade, with the further lamentable loss of 1567 lives. In 1854, alone, nine emigrant ships were wrecked. Five of these were from Liverpool, including the Tayleur, stranded on Lundy Island, when 330 persons perished, and the City of Glasgow, having on board 430 souls, who, with the ship, were never afterwards heard of. The Black Hawk and Winchester foundered at sea in the great storm of the 15th and 17th of April; the City of Philadelphia steamer was wrecked on Cape Race, Newfoundland, in August, as well as the ship Tottenham, from Cork to Quebec, on Cape Breton, but, happily, in these instances no lives were lost.

Such were the disastrous total losses of British ships in 1854; and, although few or any of these losses can be attributed to unseaworthiness, the loss of life was so appalling, that the Legislature was led to bestow more than usual attention to the subject. But besides these, several ships were so seriously injured that they were compelled to return for repairs. One loss, that of the Powhattan, was a singularly melancholy one. This vessel sailed from Liverpool with German emigrants on board, and, after sustaining much other damage, was, afterwards, wrecked at Barnagat, off the coast by New Jersey, during the gale of the 16th April: although stranded within eighty yards of low-water mark, and so near, indeed, that the unfortunate people on board could hear and reply to the suggestions made to them by persons on the land, not a single individual reached the shore, though the vessel did not break up for twenty-four hours after she struck.

Emigration system.

But other causes had long been at work to render necessary a revision of the laws relating to passenger ships. The rate of passage being generally higher from Ireland than from Liverpool, on account of the difficulty of procuring cargo, most of the Irish emigrants were shipped on the decks of the coasting steamers to that port; thence, they either secured their passage through the Irish agents of the Liverpool brokers, or they found their way to that port at their own expense, and procured tickets for themselves. Others again, for they were nearly all of the very poorest class of persons, many of them having no means whatever after their passage and their little outfit were paid, acted on orders sent home from New York, their passage-money having been prepaid by their friends or relations in America.

Frauds practised on emigrants.

In the first case, instances occurred where emigrants had paid their passage-money, or a part of it, to unauthorized or insolvent parties, and, on arriving at Liverpool, found no ship, nor any broker liable for the passage. In the case of orders remitted from America, the emigrant was of course liable to a similar fraud, with the additional aggravation that, the offence having been committed in a foreign country, there was no chance of obtaining redress for the sufferer or of punishment to the offender. When, however, Irish emigration became so important, and such large sums were remitted from settlers in America, the business became more systematic and fell into more respectable hands.

Runners and crimps.

The moment, however, the emigrant set foot on the quay at Liverpool he was beset by a crowd of runners and crimps, one of whom seized his baggage and carried it to the lodging-house in the interest of which he was acting. This runner, besides plundering the emigrant to the extent, at least, of exorbitant charges for lodgings, received 7½ per cent. on the passage-money from the passenger broker; and, indeed, at one time, obtained this without any communication with the passenger. Although a clause in a previous Act[152] had been inserted to check so great an extortion, the system proved stronger than the law; and, notwithstanding further steps were taken to remedy this evil, the percentage was still demanded and paid, though the service was performed without authority. The passenger broker reimbursed himself for this tax by charging the exorbitant commission of 12½ per cent. against the charterer or shipowner; the charge ultimately falling upon the emigrant in the shape of an increased rate of passage.

The emigrant was further persuaded by the runner that it was necessary to lay in a stock of provisions for the voyage, together with other purchases, on all which the runner got a percentage. Great frauds were also perpetrated in “dollaring,” that is, in exchanging money, in which the emigrant was robbed at least 20 per cent.

Remedies proposed.

Average price, then, of passages.

Although various plans were suggested to the committee, with a view of putting an end to the evils complained of, it is only necessary to refer to that part of the question which affects the actual shipping and conveyance of the passenger to his destination. It was generally agreed that the existing regulations were not stringent enough, the great object of the previous Acts having been to give as much security as possible to the passengers; but it was found impossible to obtain this without increasing the price of passage, which had fallen from 5l. in 1842 to 3l. 10s. in 1851, from Liverpool to New York, and about 5s. less to Quebec, including provisions. It is further to be noted that, though in 1842 the charge was higher, there was less given for it, as the Shipowners supplied only two-thirds of the amount of provisions provided at the latter period. While the law, in fact, had obliged the Shipowner to supply a larger quantity of provisions, restrictions as to the extent of the provisions added, together with a superior dietary scale, the money price of the passage had been materially diminished.

Emigration officer.

In 1864, the inspection of passenger ships and provisions was carried on at Liverpool, for example, by an Emigration officer, and two assistants who were lieutenants in the Royal Navy. The Emigration officer had to satisfy himself of the seaworthiness of every ship which came under the Act; to see that no greater number of passengers were carried than her measured space would allow according to law; that her boats were sufficient, and that she had the necessary stock of provisions and water for the number of passengers to be carried, and that they were of good quality. He had further to attend to the complaints of the emigrants, and to procure redress for them where necessary. The provisions were tested by the arbitrary selection of some barrels of flour or oatmeal, which were bored through with an auger, so that a fair sample might be brought up and tasted. Whenever any suspicion existed, the inspection was more minute, and the duty of tasting became very irksome.

Medical inspection.

The medical inspection of emigrants took place at Liverpool, not on board the ship, but in an office adjoining the dock. The emigrant, taking with him his contract ticket, proceeded to the medical office, which he entered at one door, and, if approved on the inspection, had his ticket stamped, and passed out at another. He was compelled to produce his ticket on embarking. A system such as this naturally opened a door to fraud and personation, while, not unfrequently, after personal examination the emigrant contracted an infectious disorder, the infection spreading before the diseased person could be removed from the ship.

American emigration law.

By the United States Statute of the 22nd February, 1847, it was provided that the space to be allowed to passengers should be fourteen clear superficial feet of deck for each passenger, if such vessel did not pass within the Tropics. By an Act of 1848 this was so far altered, that when “the height between the decks is less than six feet, and more than five feet, each passenger shall be allowed sixteen superficial feet; but if the height between decks be less than five feet, then twenty-two superficial feet; and for every passenger on the orlop deck, thirty feet.” Under our Act, no ship could clear out that had not six feet between the decks. In some cases the law of the United States was but loosely observed; while other cases, doubtless, occurred where English vessels sailed from Liverpool to New Orleans with a number greatly exceeding what they could legitimately carry, but which they had reason to expect would not be noticed on their arrival. Owing, however, to some change of persons at the Custom House at New Orleans an inspection was instituted; two vessels were heavily fined, and one was confiscated. But it was found more difficult to provide against the frauds practised by the Shipowners in supplying bad or unwholesome provisions.

Dietary, then, required.

The amount of provision by the Parliamentary scale to each adult passenger per week was, viz., water, 21 quarts; biscuit, 2½ lbs.; wheaten flour, 1 lb.; oatmeal, 5 lbs.; rice, 2 lbs.; molasses, 2 lbs., to be issued in advance, at the interval of twice a week. Potatoes might be given in lieu of oatmeal or rice, in the proportion of 5 lbs. of potatoes for 1 lb. of oatmeal or rice; and, in vessels sailing from Liverpool, or from Scotch or Irish ports, oatmeal might be substituted in equal quantities for rice. The dietary was afterwards altered by the Act of 1851, an alternative scale being promulgated, with the substitution of beef or pork, preserved meat, salt fish, split peas, &c., &c., for bread-stuffs. This more expensive scale was adopted in the ports, whence English emigrants usually sailed; but, besides the legal supply, nearly every emigrant took with him some additional provision, such as bacon, eggs, &c., &c.

Disgraceful state of emigrant ships at that time.

The filthy state of these ships during the passage was, at that period, worse than anything that could be imagined. It was scarcely possible to induce the passengers to sweep the decks after their meals, or to be decent with respect to the common wants of nature; in many cases, in bad weather, they could not go on deck, their health suffered so much that their strength was gone, and they had not the power to help themselves.[153] Hence, “between decks” was like a loathsome dungeon. When the hatchways were opened under which the people were stowed, the steam rose, and the stench was like that from a pen of pigs. The few beds they had were in a dreadful state, for the straw, once wet with sea-water, soon rotted; besides which, they used the between decks for all sorts of filthy purposes. Whenever vessels put back from distress, all these miseries and sufferings were exhibited in the most aggravated form. In one case, it appeared that the vessel, having experienced rough weather, the people were unable to go on deck and cook their provisions; the strongest maintained the upper hand over the weakest; and it was even said that there were women, who died of starvation. The passengers were then expected to cook for themselves (they no longer do so), and, from being unable to do this, the greatest suffering arose. It was at the commencement of the voyage, that this system, naturally, produced its worst effects. The first days were those in which the people suffered most from sea-sickness, and, under the prostration of body thereby induced, were wholly incapacitated from cooking; the absence of food, if it does not aggravate, at any rate preventing recovery from sickness: and thus, even though the provisions might be honestly and liberally issued—casks in some cases being opened and placed on deck for every one to help himself—yet the passengers would be half-starved. It was time that a system, so barbarous and withal so unnecessary, should be altered.

Act of 1852.

Resolution of New York Legislature, 1854.

In 1852, various recommendations made were carried into effect by a bill brought in by Mr. Frederick Peel; and, in 1855, the whole law was consolidated and greatly improved by the Passengers Act of that year. In fact, it cannot be denied that whatever improvements had taken place through the operation of the laws of 1849 and 1852, the passengers on board emigrant ships were still, as a rule, great sufferers. The United States Legislatures bear convincing testimony on this point, as, on the 6th January, 1854, that of the State of New York passed a series of resolutions, calling the attention of Congress to the great and increasing mortality on board vessels engaged in the business of carrying emigrants during the previous twelve months, bringing forward undoubted evidence that such suffering and death resulted from insufficient ventilation, &c. The Senate, agreeing with the prayer of these resolutions, concurred, also, in the propriety of inquiry and further legislation. All intelligent, independent parties admitted, indeed, the expediency of concerting an effective system of co-operation between the two governments, so as to prevent an infraction of the regulations mutually agreed upon.

Evidence as to iron cargoes.

In conformity with the evidence adduced, frequent disasters to emigrant vessels were ascribed to the effects produced by cargoes of iron; while the inconsiderate manner in which some owners, charterers, or brokers, even against the remonstrances of the commanders and officers, persisted in thus loading their vessels, was alleged to be a fruitful source of disaster.[154] It is likely that the mortality at sea was increased by such cargoes, as they made the ship labour heavily, causing her at the same time to ship a great quantity of water, with the further probability of producing leaks. The people, too, had then to work at the pumps, were hard fagged and badly fed. But the owners or charterers for a time resisted Government intervention, asserting that the Legislature ought not to fetter mercantile enterprise; and, further, that, if ships were restricted as to cargo, the price of the passage must be raised. On the other hand, it was proposed to give a larger discretionary power to the Emigration officer, so as to prevent improper and dangerous stowage. The insufficiency of existing measures of precautions for the preservation of health; the dietaries, the quality of the ships taken up for passengers, the runners, lodging, detention, &c., of emigrants, all became subjects of consideration, and, especially, the number of boats necessary to be carried.

Various attempts at improvement.

Accordingly, it appeared absolutely necessary that the authority of the Emigration officers to control the stowage of heavy cargo should be placed beyond doubt; that the number of passengers for whom a surgeon should be required should be reduced from 500 to 300; that the Queen in Council should have authority to make special regulations, in excess of the law, for the prevention of sickness on board ship during the prevalence of epidemics; that the space allowed under the existing Act should be increased; that it should be obligatory to provide water-closets in the “between decks” for women and children; that a more ample dietary should be prescribed; that no ship should carry more than 500 passengers; that the number of passengers necessary to bring a ship under the Act should be reduced from one to twenty-five to one to fifty tons; that the exemption of ships carrying mails should be clearly defined; that runners should be required to wear badges; and, finally, that the subsistence-money in case of detention should be increased.

Legislation in the United States, 1855.

Concurrently with the proceedings taken on this side of the Atlantic, the Senate of the United States also took the matter up, but they relied, chiefly, on the answers given to a series of questions framed and addressed to parties competent to give information. Their recommendations, therefore, well deserve notice. Thus, they urged that a space should be reserved on the upper deck for exercise in proportion to the number carried; that a ship’s capacity should be limited by tonnage as well as space; that, during the winter months, the number allowed in proportion to tonnage should be reduced; that no passengers should be carried on an orlop deck; that the number of privies should be increased, with separate accommodation for females; that provisions should be issued cooked; that rules should be established for the maintenance of discipline; and, lastly, that the ship should be made responsible to the extent of the passage-money in the case of passengers dying at sea.[155]

The first Bill proposed in the United States did not pass. But, in 1855, a Passenger Act to regulate the carriage of passengers in steam-ships and other vessels, was introduced and became law. This latter Bill, though much less stringent than the Bill originally proposed, and in respect to space even less so than the previously existing law, introduced several new provisions of considerable value, the chief of which was a more ample dietary scale, and a provision that the master should, on his arrival, report every death on the voyage, and pay on account of such death a fine of 10 dollars. The fines so paid were made applicable to the care and protection of sick, indigent, or destitute emigrants; and the object in imposing the fine was to give the master of the ship a pecuniary interest in the health of his passengers. It was thought by some, that if this could be effected, a great step would be made towards improving their treatment on board. There was, however, a risk that masters would, by insurance, neutralise this interest, as was once attempted as respects the second moiety of passage-money in the case of emigrants sent to Australia.

Uniformity of action impossible.

Of course it was in the highest degree desirable that the laws of the United States and those of England with regard to passenger ships should be assimilated.[156] Indeed, various committees of the House of Commons and many eminent philanthropists had urged this assimilation, the main protection for passengers being to be secured by an inquiry as to their treatment by officers appointed at the place of arrival. There can be no doubt that, with a view to a perfect system, the laws on both sides the Atlantic ought to be identical; but the United States government, apart from the necessary diversity of regulations in various States of the Union, is placed in this further difficulty. The United Kingdom is not the only, nor will it be, hereafter, the principal source from which emigrants reach the United States. Large multitudes depart from German, Belgian, and French ports, and in 1853 and 1854, many emigrants sailed from ports in Norway. The passenger laws in each of these countries differ from each other, and even more from the law of the United States. There was, therefore, an insuperable difficulty in framing, on the other side of the Atlantic, a law so general as to embrace the provisions of the several European laws, without making it so vague as to be practically worthless.

English Passenger Act, 1855.

But our Passengers’ Amendment Act of 1855, which came into operation on the 1st October of that year, made some important advances towards the law of the United States. The principal alterations introduced by this Act, beyond the regulations of 1852, were, that the number of passengers was limited; the age of a “statute adult” reduced from fourteen to twelve years; a distinction was made between the upper and lower passenger deck; increase of space was allowed to passengers; mail steamers were exempted under special rules; the dietary scale improved; the amount of detention-money increased; and the emigrant runners placed under more efficient control.

One chief provision of the Passengers’ Act required that an abstract thereof and of the Orders in Council should be posted up in each emigrant ship.[157] The Emigration Commissioners, in their report of 1857, give an opinion that the Act has worked satisfactorily; that the changes introduced have tended, materially, to add to the comfort and promote the health of emigrants, the returns of mortality in ships to the United States attesting the same result.[158] On the other hand, the reduction in the number a ship might carry, and the increase in the dietary, necessarily added to the expenses of the passage, and, to a certain extent, diminished for a time the amount of emigration. Further, the Commissioners stated that the runners, at the ports of departure, have been brought more effectually under control, so as to prevent many of the abuses formerly prevalent.

Attempt to check issue of fraudulent tickets.

In the United States, also, and especially at New York, efforts have been made to stop the frauds heretofore committed by this class on emigrants. In that city, an establishment, under the control of the Commissioners for Emigration, has been set on foot at Castle Garden, to protect emigrants from runners, and from those who sell them fraudulent or false inland passage-tickets. In consequence of a representation from the United States Government, whereby it appeared that, the suppression in the States, of frauds connected with the sale of inland tickets had led to a system of selling the same description of tickets in Europe or on board emigrant ships, an official notice of this fact was given to emigrants, cautioning them that the safest course was not to purchase an inland ticket in England, but to defer making arrangements for the passage up the country, till their arrival at the port of debarkation. This notice, however, applied to the United States only; and it was stated, explicitly, that the through tickets given by the Grand Trunk Railway of Canada to emigrants proceeding to the St. Lawrence were not open to suspicion, and were, besides, of great benefit to the emigrant.

General improvements.

Among the improvements in ships carried out by the Emigration Commissioners, we should mention that they have introduced, of late years, a more suitable dietary for young children, with the making of fresh bread, two or three times a week, for the passengers. This change has been also authorized in private ships. Several new systems of ventilation have, also, been tried. In a sailing passenger ship, especially during the calms which prevail on the Line, their proper ventilation will always prove a matter of greater difficulty than is the case with a steamer, whose own motion is sufficient to create a current of air. Further experience on this point is, however, necessary, though very considerable improvements have recently been made.

Merchant Shipping Act discussed.

As great fault was found by the central committee of the General Shipowners’ Society with the 504th section of the Merchant Shipping Act (Part IX.), which lays down the measure of the owners’ liability, it may be desirable to state the nature of the complaints. This section of the Act provides:—

Extent of owners’ liability.

1st. Where any loss of life or personal injury is caused to any person being carried in such ship:

2nd. Where any damage or loss is caused to any goods, merchandise, or other things whatsoever on board any such ship:

3rd. Where any loss of life or personal injury is, by reason of the improper navigation of such sea-going ship as aforesaid, caused to any person carried in any other ship or boat:

4th. Where any loss or damage is, by reason of any such improper navigation of such sea-going ships as aforesaid, caused by any other ship or boat, or to any goods, merchandise, or other things whatsoever on board any other ship or boat: No owner shall, in such cases where the events occur without his knowledge or privity, be answerable in damages to an extent beyond the value of his ship and the freight due, or to grow due, in respect of such ship during the voyage which, at the time of the happening of such event, as aforesaid, is in prosecution or contracted for, subject to the following proviso, that is to say: that, in no case, where any liability, as aforesaid, is incurred in respect of loss of life or personal injury to the passenger, shall the value of such ship and the freight thereof be taken to be less than 15l. per registered ton.

Unnecessary outcry of the Shipowners.

Question of limited liability.

The central body of Shipowners, while protesting[159] against the injustice of this Act, forgot that, in point of fact, the limitation of their liability was thereby secured, which it was not under the common law of England. They further contended that the 511th clause of the Merchant Shipping Act was inconsistent with the 504th clause, as the former enacts that parties seeking compensation may refuse to accept the indemnity awarded by the authorities constituted by the Act,[160] and may bring an action against the Shipowner for damages, by which he might be rendered liable to an amount in many cases involving the whole of his capital. But the clause providing that any person who is dissatisfied with the amount of statutory damages (30l. each person) may bring an action on his own account, enacts expressly “that any damages recoverable by such person shall be payable only out of the residue, if any, of the aggregate amount for which the owner is liable, after deducting all sums paid to her Majesty’s Paymaster-General in manner aforesaid; and, if the damages recovered in such action do not exceed double the statutory amount, such person is liable to pay all the costs as between attorney and client.”

Value of life.

On the other hand, if, as was observed by way of illustration in the course of discussion, a bishop were to fall a victim to an accident, it might be considered that an assessment of 30l. would not compensate the surviving members of the bishop’s family for such loss. There can be no doubt that the framers of the present law, when repealing the old laws, endeavoured to deal substantial justice. They must have felt that, to exempt Shipowners from liability beyond the value of the ship and freight would, in too many instances, be an encouragement for unscrupulous persons to employ worn-out and inadequately-manned vessels in the conveyance of passengers and emigrants: and on the other hand, that to subject Shipowners, guilty of no fault or default, to unlimited liability for such calamities would induce men of property and character to withdraw their fortunes from so great a hazard.

Powers given to the Board of Trade.

To prevent as far as possible either of these evils, and to insure compensation for personal injury, or injury consequent from loss of life, was one great object of the existing Acts; and fully to carry it into effect, the Board of Trade has now power to require the sheriff to summon a jury for the purpose of ascertaining the number, names, and descriptions of all persons killed or injured by reason of any wrongful act, neglect, or default.[161]

Mode of procedure in inquiries about loss of life.

At such an inquiry the Board of Trade is plaintiff, and the Shipowner liable for the occurrence the defendant.[162] A special jury may be called, and the usual precautions as to costs are adopted. The Board of Trade may make any compromise it thinks fit as to damages, which are, in each case of death or injury, to be assessed at the statutory 30l., and are made the first charge on the aggregate amount for which the owner is liable. The Act regulates the proceedings, and confers extensive powers on the Board of Trade in the distribution of the funds. With regard to any dissatisfied person claiming more, he is liable, if he does not recover damages to double the statutory amount, to pay costs to the defendant Shipowner; and, even if he obtains a verdict, the damages recoverable are still to be payable out of the residue, if any, of the aggregate amount for which the Shipowner is liable, after deducting all sums paid to Her Majesty’s Paymaster-General. In cases, where several claims are made or apprehended, against the Shipowner for loss of life, personal injury, or loss or damage to ships, boats, or goods, he may appeal to the Court of Chancery to determine the amount of his liability; the question of liability or non-liability being left to another jurisdiction. But it has been held that a Shipowner, who applies to a court of Equity in order to obtain its assistance, must admit that he has incurred some liability. Of course, all costs in relation to these matters may be brought into account among the part-owners of the same ship, in the same manner as any other moneys disbursed for the use thereof.

Further complaints of the Shipowners,

Some of the Shipowners complained of the reintroduction of a liability nearly unlimited as set forth in the 511th clause,[163] urging that foreign shipowners could not be rendered liable to its operation, and that Shipowners are expressly exempted from liability for damage caused by the negligence or misconduct of licensed pilots, on the very ground that their competency has been tested and approved by public authorities. This last argument is, however, wholly untenable, unless a perfect immunity is to be accorded to every ship-master who may have obtained a certificate of qualification. The municipal law of one State can only bind those subjects who owe allegiance thereto; but all civilised States frame regulations for the protection of life and property. It would be very difficult to suggest any improvement in the law. The provisions in the Merchant Shipping Act were the result of profound consideration, and ought to be deemed to have effected as reasonable an adjustment as is possible, between the owners of sea-going ships and persons sustaining damage.

who think too much discretion has been given to the Emigration officer.

With regard to the Passenger Act, the central body of Shipowners further complained of the discretionary power exercised by the Emigration officer; and, in recent reports, have called attention to those provisions which “while they harass the Shipowner, do not in the least tend to the advantage, comfort, or safety of the passengers;” the consequence of so much being left to the discretion of the Emigration officer leading, as they thought, to this, that the mode of fitting out emigrant vessels depends mainly on his will, and varies, therefore, with each port from which the vessel sails.[164] The “fiend discretion,” as a well-known writer[165] has described it, is no doubt ever abhorrent to Englishmen, who watch, with Constitutional jealousy, the rights of property and of the subject. But it is, indeed, the cardinal difficulty of administration. A hard and fast law stops improvement, and reduces everything to a dead level. Discretion may be tyranny. The experience, however, of the frauds, oppression, and cruelties, practised in former years on the unprotected emigrant, will, I doubt not, continue to operate on the Legislature, and will prevent them from relaxing many portions of the present rigorous system, which has at least produced various salutary improvements.

Though slightly since modified, principle of Passenger Act remains the same.

Though modifications and alterations have been made in the Passenger Act of 1855, the most important of which has been the transfer of its management from the Emigration Commissioners to the Board of Trade, its leading principles are still unchanged, and these, in their main features, have now been adopted by nearly all other countries. The changes most worthy of note are to be found (Clause 35, &c.) in the Merchant Shipping Acts Amendment Act of 1862, which gives the owner or master of any passenger ship power to reject, as a passenger, any “drunken or disorderly” person; or to land such person, or others, as “molest or continue to molest any passenger,” at any convenient port in the United Kingdom. Power is also given in this Act to inflict a penalty, not exceeding 20l., on any passenger who interferes with the crew in the execution of their duty; or “who wilfully does, or causes to be done, anything in such a manner as to obstruct or injure any part of the machinery or tackle of such steamer.”

The “rule of the road at sea.”

The Act of 1862 also laid down more clear and distinct sailing rules; and as these are of great importance, I furnish them at length in a footnote.[166] For these rules the country is greatly indebted to the exertions of Mr. Milner Gibson, when President of the Board of Trade, without whose practical knowledge of the subject (as a first-class yachtsman and navigator), and his patience and temper, the nautical men connected with the Board of Trade and Trinity House, as well as various naval officers, in office and out of doors, would never have consented to them. Even now we frequently read in the daily press letters opposed to these rules, just as we find writers on finance who have their currency hobbies, and who are not, and never will be, satisfied with Sir Robert Peel’s Bank Charter Act of 1844.

Examination now required for engineers as well as masters of steam-ships.

By the Merchant Shipping Act of 1854, the master and chief mate of all sea-going vessels, whether sailing ships or steamers, are, as I have already explained, required to possess a certificate of previous servitude or of competency. The Act of 1862 extended, and to great advantage, the principle of examination, also, to engineers engaged in sea-going steamers, who, since then, have been required to undergo an examination, and produce certificates of good conduct and sobriety. Their certificates of competency are of two grades—first class and second class. Any sea-going home-trade passenger steamer, or any foreign-going steam-ship of more than one hundred horse-power nominal, must, therefore, now carry, at least, one engineer who possesses a certificate of competency; and all steamers of greater power must have, at least, two such engineers, one of whom may be of the second class. But all engineers who had served as such in sea-going vessels, previously to the 1st April, 1862, were entitled to a certificate of service, and were not required to undergo an examination.

Though many owners of steam-ships were strongly opposed to any legislative interference with the engineers whom they employed, alleging, among other reasons, that they were thus frequently prevented from promoting men in their service who had served them well and faithfully—as for instance, those in an inferior capacity, such as the head stoker—there can be no doubt that the effect of the law, enforcing these examinations, has been as salutary in the case of engineers as it has proved in the case of masters and mates. There may be exceptions to the rule, but, on the whole, the requirements of the Act have tended, materially, to improve the class of men now employed as engineers on our merchant steamers, and have, as such, been generally accepted by the men themselves.

Injurious action of the crimps.

But, before closing my remarks on the mercantile marine legislation of the twelve years subsequent to the repeal of the Navigation Laws, there is one measure, apparently trivial in itself, which has been a great boon to our seamen. Before any of these Acts came into operation, they, as I have endeavoured to show, were to a great extent under the control of a class of men familiarly known as “crimps,” who were the “sailor’s agents.”[167] They found him a ship, discounted his advance note at usurious rates, assisted him to receive his wages at the end of the voyage,[168] and taught him how to spend them. Previously to the Act of 1850, seamen, on the termination of a voyage, were either paid their wages on board ship, or at the office of the Shipowner or his agents. In either case, the crimps, most of whom were keepers of low lodging-houses or beer-shops, were in attendance upon the sailors, and he, who had to receive the largest amount of pay, was attended by the most numerous and obsequious of these vultures, each ready to prey upon him. Suspecting no wrong, Jack was too frequently induced, after he had received his wages, to partake, on the invitation of the crimps, of a glass of grog or a pint of beer at the nearest public-house, and this, apparently, friendly intercourse too often produced the most lamentable results.

Savings-banks for seamen instituted;

To obviate, or rather to mitigate if possible, these evils, the Commissioners for the reduction of the National Debt were empowered, by the Merchant Shipping Act of 1854, to establish Savings-Banks for seamen; and, by the Seamen’s Savings-Bank Act of 1856, these banks were placed under the control of the Board of Trade, which was authorized to open “a central office in London, together with branch savings-banks at such ports and places in the United Kingdom as they may think expedient,” where “seamen, or the wives, widows and children of seamen,” might make deposits, not exceeding at one time 200l.

and, somewhat later, money-order offices.

Under this Act, the Board of Trade has opened at all the shipping offices throughout the United Kingdom a department where the sailor, on his discharge, may deposit the whole or any portion of his wages; or may, by means of a money-order office, since added, remit them to his relations or friends. The effect has been salutary, inasmuch as the sailor is thus, to some extent (less than I could wish), prevented from being plundered by depraved persons, whose chief occupation consists in getting what they can out of him. Although Jack may still desire to retain from his wages enough for the proverbial “spree” or jollification after a long sea-voyage, too large a portion of his earnings still go to crimps and other depraved persons; but as a considerable amount is now either deposited at the savings-bank or remitted home, the crimp has less inducement to offer his very questionable services to the sailor than he had before this excellent Act came into operation.[169]