Why, therefore, upon the breach of those contracts, should not an immediate application be made to the nearest magistrate of this order, who should be empowered to convey the delinquent either to ship or to prison, at the election of the captain, to be fettered by the leg in either place?
But, as the case now stands, the condition of this poor captain without any commission, and of this absolute commander without any power, is much worse than we have hitherto shewn it to be; for, notwithstanding all the aforesaid contracts to sail in the good ship the Elizabeth, if the sailor should, for better wages, find it more his interest to go on board the better ship the Mary, either before their setting out or on their speedy meeting in some port, he may prefer the latter without any other danger than that of “doing what he ought not to have done,” contrary to a rule which he is seldom Christian enough to have much at heart, while the captain is generally too good a Christian to punish a man out of revenge only, when he is to be at a considerable expense for so doing. There are many other deficiencies in our laws relating to maritime affairs, and which would probably have been long since corrected, had we any seamen in the House of Commons. Not that I would insinuate that the legislature wants a supply of many gentlemen in the sea-service; but, as these gentlemen are by their attendance in the house unfortunately prevented from ever going to sea, and there learning what they might communicate to their landed brethren, these latter remain as ignorant in that branch of knowledge as they would be if none but courtiers and fox-hunters had been elected into parliament, without a single fish among them. The following seems to me to be an effect of this kind, and it strikes me the stronger as I remember the case to have happened, and remember it to have been dispunishable. A captain of a trading vessel, of which he was part owner, took in a large freight of oats at Liverpool, consigned to the market at Bearkey: this he carried to a port in Hampshire, and there sold it as his own, and, freighting his vessel with wheat for the port of Cadiz, in Spain, dropt it at Oporto in his way; and there, selling it for his own use, took in a lading of wine, with which he sailed again, and, having converted it in the same manner, together with a large sum of money with which he was intrusted, for the benefit of certain merchants, sold the ship and cargo in another port, and then wisely sat down contented with the fortune he had made, and returned to London to enjoy the remainder of his days, with the fruits of his former labours and a good conscience.
The sum he brought home with him consisted of near six thousand pounds, all in specie, and most of it in that coin which Portugal distributes so liberally over Europe.
He was not yet old enough to be past all sense of pleasure, nor so puffed up with the pride of his good fortune as to overlook his old acquaintances the journeymen taylors, from among whom he had been formerly pressed into the sea-service, and, having there laid the foundation of his future success by his shares in prizes, had afterwards become captain of a trading vessel, in which he purchased an interest, and had soon begun to trade in the honourable manner above mentioned.
The captain now took up his residence at an ale-house in Drury-lane, where, having all his money by him in a trunk, he spent about five pounds a day among his old friends the gentlemen and ladies of those parts.
The merchant of Liverpool, having luckily had notice from a friend during the blaze of his fortune, did, by the assistance of a justice of peace, without the assistance of the law, recover his whole loss. The captain, however, wisely chose to refund no more; but, perceiving with what hasty strides Envy was pursuing his fortune, he took speedy means to retire out of her reach, and to enjoy the rest of his wealth in an inglorious obscurity; nor could the same justice overtake him time enough to assist a second merchant as he had done the first.
This was a very extraordinary case, and the more so as the ingenious gentleman had steered entirely clear of all crimes in our law.
Now, how it comes about that a robbery so very easy to be committed, and to which there is such immediate temptation always before the eyes of these fellows, should receive the encouragement of impunity, is to be accounted for only from the oversight of the legislature, as that oversight can only be, I think, derived from the reasons I have assigned for it.
But I will dwell no longer on this subject. If what I have here said should seem of sufficient consequence to engage the attention of any man in power, and should thus be the means of applying any remedy to the most inveterate evils, at least, I have obtained my whole desire, and shall have lain so long wind-bound in the ports of this kingdom to some purpose. I would, indeed, have this work—which, if I should live to finish it, a matter of no great certainty, if indeed of any great hope to me, will be probably the last I shall ever undertake—to produce some better end than the mere diversion of the reader.
Monday.—This day our captain went ashore, to dine with a gentleman who lives in these parts, and who so exactly resembles the character given by Homer of Axylus, that the only difference I can trace between them is, the one, living by the highway, erected his hospitality chiefly in favour of land-travellers; and the other, living by the water-side, gratified his humanity by accommodating the wants of the mariner.