The whole question of the relations between the men and their employers, as they existed in the United States, is too wide a subject to be embraced in the present work. There are, however, some general, as well as special, points, both as regards the mariners and the law regulating their conduct, which deserve attention. During the first half of this century the masters of American vessels were, as a rule, greatly superior to those who held similar positions in English ships, arising in some measure from the limited education of the latter, which was not sufficient to qualify them for the higher grades of the merchant service. American shipowners required of their masters not merely a knowledge of navigation and seamanship, but of commercial pursuits, the nature of exchanges, the art of correspondence, and a sufficient knowledge of business to qualify them to represent the interests of their employers to advantage with merchants abroad. On all such matters the commanders of English ships, with the exception of the East India Company’s, were at this period greatly inferior to the commanders of the United States vessels.

“Education,” remarks Mr. Joseph T. Sherwood,[10] “is much prized by the citizens; many vessels, therefore, are commanded by gentlemen with a college education, and by those educated in high schools, who, on leaving those institutions, enter a merchant’s counting-room for a limited time before they go to sea for practical seamanship, &c., or are entrusted by their parents, guardians, or friends, with the command of vessels.”

Superiority of native American seamen, owing to their education.

In confirmation of this opinion, Mr. Consul Peter, of Philadelphia, states[11]: “A lad intended for the higher grades of the merchant service in this country, after having been at school for some years and acquired (in addition to the ordinary branches of school learning) a competent knowledge of Mathematics, Navigation, Ships’ husbandry, and perhaps French, is generally apprenticed to some respectable merchant, in whose counting-house he remains two or three years, or at least until he becomes familiar with exchanges and such other commercial matters as may best qualify him to represent his principal in foreign countries. He is then sent to sea, generally in the capacity of second mate, from which he gradually rises to that of captain.”

Besides this, however, it must be remembered that American shipowners offered greater inducements than the English then did to young men of talent and education to enter the merchant service, as the amount of wages, alone, was two- and three-fold greater in the former than in the latter. Again, the American shipmasters were, also, almost invariably admitted, nay frequently solicited by the managing owners, to take some shares in the ships placed under their command; and, in cases, where the master had no capital, the owner often conveyed to him a share of one-sixth, and sometimes even one quarter, to be paid for out of his wages and the profits of the ships. Thus young men of good position and talent were led to enter the American merchant service, and had much greater inducements than they would then have had in Great Britain to take a zealous interest in the economy, discipline, and success of the ship they commanded; and this, not merely from the fact that they were well recommended, but from the confidential and courteous treatment they received from their employers. Captains of the larger class of packets or merchant-ships, therefore, could not only afford to live as gentlemen, but, if men of good character and fair manners (which they generally were), they were received into the best mercantile circles on shore. They were also allowed, besides their fixed salary, a percentage (usually 2½ per cent.) on all freights, and by various other privileges (particularly in relation to passengers) they were thus enabled to save money and to become, in time, merchants and shipowners on their own account, a custom which prevailed, to a large extent, in the New England States.

Excellent schools and early training for them.

Nor were the interests of the common seamen overlooked. Boys of all classes, when fit, had the privilege of entering the higher free schools, in which they could be educated for almost every profession. An ignorant American native seaman was, therefore, scarcely to be found; they all, with few exceptions, knew how to read, write, and cypher. Although, in all nations, a mariner is considered a citizen of the world, whose home is on the sea, and, as such, can enforce compensation for his labour in the Courts of any country, his contract being recognised by general jurisprudence, the cases of disputes between native-born Americans and their captains have ever been less frequent both in this country and abroad than between British masters and seamen, owing, in a great measure, to the superior education and the more rigorous discipline on board American vessels. In the United States, the master of the ship was, and is still, usually employed to hire the seamen; and although, in hiring, he is the agent of the owners (and they have co-ordinate power), still if they do not dissent, the engagement entered into by the master with the seamen is binding on the owners also. The contract is, however, not made with the person of the master, but with the shipowners; therefore, if there is no master, the seamen contract to sail under any master who may be appointed. Thus, on the one side of the contract is the seaman, and, on the other, the master or owner—the master acting as the owner’s agent, under ordinary circumstances, although the owner, from his holding the property in the ship, is more directly affected by the contract.

Spirit and character of the “Shipping Articles,”

The master and owner, on their side, agree by the contract, technically termed “Shipping Articles,” which, if drawn up in the prescribed form and signed by all the seamen, expresses the conditions of the voyage, with a promise to pay to the mariners their stipulated wages. It is, also, implied in it that the voyage shall be legal, and the vessel provided with the various requisites for navigation; and, further, that it shall be within defined limits and without deviation, except such as may be absolutely necessary for the safety of the crew, vessel, or cargo. It is also a part of the contract that the seamen shall be treated with humanity, and be provided with subsistence according to the laws of their country; unless there is in it an express provision to the contrary, or a condition to conform with the usages of a particular trade.

as affecting the seamen;