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

by W. S. Lindsay

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.