The Seaman's Friend / Containing a treatise on practical seamanship, with plates, a dictionary of sea terms, customs and usages of the merchant service

by Richard Henry Dana

Protection.—Every American seaman, upon applying to the collector of the port from which he departs, and producing proof of his citizenship, is entitled to a letter of protection. The collector may charge for this twenty-five cents.[183]

CHAPTER X.

SEAMEN—CONTINUED.

Punishment. Revolt and mutiny. Embezzlement. Piracy.

Punishment.—As to the right of the master to punish a seaman by corporal chastisement, imprisonment on shore, confinement on board, &c., and the extent of that right, and the master's liability for exceeding it,—the seaman is referred to Chapter IV., "The Master's relation to the Crew," title, "Imprisonment" and "Punishment." He will there see that the master possesses this right to a limited extent, and that he is strictly answerable for the abuse of it. Disobedience of orders, combinations to refuse duty, dishonest conduct, personal insolence, and habitual negligence and backwardness, are all causes which justify punishment in a greater or less degree.

The contract which a seaman makes with the master, is not like that of a man who engages in any service on shore. It is somewhat military in its nature.[184] The master has great responsibilities resting upon him, and is entitled to instant and implicit obedience. To ensure this, regular and somewhat strict discipline must be preserved. The master, also, cannot obtain assistance when at sea, as any one can who is in authority upon land. He must depend upon the habits of faithful and respectful discharge of duty which his crew have acquired, and if this fails, he may resort to force. He is answerable for the safety of the ship, and for the safe keeping and delivery of valuable cargoes, and in almost all cases he is the first person to whom the owner of the vessel and cargo will look for indemnity. Considering this, the seamen will feel that it is not unreasonable that the master should have power to protect himself and all for whom he acts, even by force if necessary.[185] A good seaman, who is able and willing to do his duty faithfully and at all times, and treats his officers respectfully, will seldom be abused; and if he is, the master is liable to him personally in damages, and is also subject to be indicted by the government and tried as a criminal. A seaman should be warned against taking the law into his own hands. If the treatment he receives is unjustifiable, he should still submit to it, if possible, until the voyage is up, or until he arrives at some port where he can make complaint. If he is conscious that he is not to blame, and an assault is made upon him unjustifiably and with dangerous severity, he may defend himself; but he should not attempt to punish the offender, or to inflict anything in the way of retaliation.[186]

In Chapter VI., title, "Mates," the reader will see how far any inferior officer of a vessel may use force with a seaman.

Revolt and Mutiny.—If any one or more of the crew of an American vessel shall by fraud or force, or by threats or intimidations, take the command of the vessel from the master or other commanding officer, or resist or prevent him in the free and lawful exercise of his authority, or transfer the command to any other person not lawfully entitled to it; every person so offending, and his aiders and abbettors, shall be deemed guilty of a revolt or mutiny and felony; and shall be punished by fine not exceeding $2000, and by imprisonment and confinement to hard labor not exceeding ten years, according to the nature and aggravation of the offence.[187] And if any seaman shall endeavor to commit a revolt or mutiny, or shall combine with others on board to make a revolt or mutiny, or shall solicit or incite any of the crew to disobey or resist the lawful orders of the master or other officer, or to refuse or neglect their proper duty on board, or shall assemble with others in a riotous or mutinous manner, or shall unlawfully confine the master or other commanding officer,—every person committing any one or more of these offences shall be imprisoned not exceeding five years, or fined not exceeding $1000, or both, according to the nature and aggravation of the offence.[188]

It will be seen that the first of these laws applies only to cases where seamen actually throw off all authority, deprive the master of his command, and assume the control themselves, which is to make a revolt. The last is designed to punish endeavors and combinations to make a revolt, which are not fully carried out.