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.