For personal injuries inflicted by the master upon the seamen, such as assaults, batteries, or imprisonments, the seaman in the United States has his remedy by an action at common law, or by a libel in the Admiralty Courts, in what is technically denominated “a cause of damage.” So, also, in a wrongful discharge, an action would be not only on the special tort committed, but also for the wages on the original contract of hiring, the wrongful discharge being void.
Power of appeal by them to the Admiralty Courts.
In order to institute suits in the Courts of Admiralty in the United States it is necessary that the voyage should be on tidal waters, and that the service on which suit is brought should be connected with commerce and navigation. The jurisdiction of those Courts in America extends to personal suits, and includes claims founded in contract and in wrong, and also those cases where claims, founded in a hypothecary interest of the nature of a lien, are urged and adjudicated upon. Their jurisdiction extends, moreover, to those cases in which shares of fish, taken on the Bank and other Cod-fisheries, and of oil in the Whale-fishery, are claimed; and, as in English Courts, the seaman may unite his claims, though founded on distinct contracts, in one suit, but this only when demanding wages. The Courts of Common Law in the United States also take cognizance of mariners’ contracts, but they are not competent to give a remedy so as to enforce the mariner’s lien on the vessel; hence, they confine their jurisdiction to personal suits against the master or owner, in accordance with the contract made with the seaman; but, in cases of tort committed on the high seas, and where the form of action is trespass, or a special action, the common law has concurrent jurisdiction.
The laws of the United States[14] expressly provide that the crews of merchant vessels shall have the fullest liberty to lay their complaints before their consuls abroad, and shall in no respect be restrained therein by any master or officer, unless some sufficient and valid objection exist against their landing, in which case it is the duty of the master to apprize the consul forthwith, stating the reason why the seaman is not permitted to land; whereupon, the consul must proceed on board, and act as the law directs. In all cases where deserters are apprehended the consul is required to investigate the facts, and, if satisfied that the desertion was caused by unusual or cruel treatment, the mariner shall be, in such case, not merely discharged, but shall receive, in addition to his wages, three months’ pay, and the whole act is required to be entered upon the crew-list and shipping articles, with full particulars of the nature of this treatment. Any consul or commercial agent of the United States neglecting or omitting to perform his duties, or guilty of malversation or abuse of power, is liable to an action from the parties aggrieved; and, for corrupt conduct in office, he is liable to indictment, and on conviction may be fined from one to ten thousand dollars, and be imprisoned not less than one, or more than five, years.
Laws with reference to pilots.
Although Congress possesses the power to make the laws necessary for the regulation of Pilots, and the whole business of pilotage is within its authority, there is no general law for these purposes, and the superintendence of pilots is left to the legislation of the individual States. By the Act of 7 August, 1789, it was enacted that all pilots in the bays, inlets, rivers, harbours, and ports of the United States should continue to be regulated by the existing laws of the States respectively, until further legislative proceeding by Congress. The licensing of pilots and fixing rates of pilotage were therefore thus arranged at first; but, as some difficulties arose, it was enacted by the Act 2 March, 1837, that it was lawful for the master or commander of any vessel coming into, or going out of, any port situate upon waters forming the boundaries of any two States to employ any duly licensed or authorised pilot of either State.[15]
Character of American seamen, especially, of the New Englanders.
The native-born American seamen are bold, adventurous, and brave. In their merchant vessels the proportion of native seamen is estimated at about one-third, while it was a common remark that “the rest are rascally Spaniards, surly John Bulls, Zealanders, Malays, anything of any country.” The American native-born seaman is frequently promoted to be an officer, and, sometimes, to the command of large ships, but there are perpetual complaints that the people of the United States do not “take to the sea” with alacrity. Indeed, it is only in the New England States that the sailor’s life may be said to belong to the soil itself, and even the natives of that comparatively barren soil and rigorous climate become sailors, perhaps less from love of adventure and from their natural hardiness, than from necessity. When boys they had, perhaps, widowed mothers to support, younger brothers and sisters to care for, and, there being no other congenial occupation, they “go to sea.” When complaining of his “dog’s life,” the American sailor sits by the hour whittling a stick, and building little boats for his child, recounting at the same time the perils and hardships of the sea. Like British seamen, he has always his pet ship, in which most of his experience has been acquired, and the name of that ship is oftenest on his lips. It is associated with the story of his loves, with the memory of his friendships, and he dates all eras from his several voyages in the vessel of the “one loved name.” As New England was the great storehouse of American seamen, there the best specimens of their seafaring population were to be found. We have seen, even in our time, the puritanical, weather-beaten, Boston skipper—once so famous—sharp as a north-easter, dressed in knee-breeches and buckles, with a three-cornered cocked-hat, not forgetting the pigtail, the very personification of our Commodore Trunnion and Piper of a century ago. But, though they may have degenerated since then, the seamen engaged in the deep-sea fisheries are still a remarkably hardy, robust race, and, hence, have succeeded in that branch of maritime enterprise far more than our own adventurers of late years.
FOOTNOTES:
[1] See Alexander Baring’s pamphlet, 1808.