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Two Years Before the Mast

Richard Henry Dana

hardship upon seamen than any one other thing in the laws, or the execution of them. Notwithstanding every advantage the captain has over the seaman in point of evidence, friends, money, and able counsel, it becomes apparent that he must fail in his defence. An appeal is then made to the jury, if it is a civil action, or to the judge for a mitigated sentence, if it is a criminal prosecution, on the two grounds I have mentioned. The same form is usually gone through in every case. In the first place, as to the previous good character of the party. Witnesses are brought from the town in which he resides, to testify to his good character, and to his unexceptionable conduct when on shore. They say that he is a good father, or husband, or son, or neighbor, and that they never saw in him any signs of a cruel or tyrannical disposition. I have even known evidence admitted to show the character he bore when a boy at school. The owners of the vessel, and other merchants, and perhaps the president of the insurance company, are then introduced; and they testify to his correct deportment, express their confidence in his honesty, and say that they have never seen anything in his conduct to justify a suspicion of his being capable of cruelty or tyranny. This evidence is then put together, and great stress is laid upon the extreme respectability of those who give it. They are the companions and neighbors of the captain, it is said,--men who know him in his business and domestic relations, and who knew him in his early youth. They are also men of the highest standing in the community, and who, as the captain's employers, must be supposed to know his character. This testimony is then contrasted with that of some half dozen obscure sailors, who, the counsel will not forget to add, are exasperated against the captain because he has found it necessary to punish them moderately, and who have combined against him, and if they have not fabricated a story entirely, have at least so exaggerated it, that little confidence can be placed in it. The next thing to be done is to show to the court and jury that the captain is a poor man, and has a wife and family, or other friends, depending upon him for support; that if he is fined, it will only be taking bread from the mouths of the innocent and helpless, and laying a burden upon them which their whole lives will not be able to work off; and that if he is imprisoned, the confinement, to be sure, he will have to bear, but the distress consequent upon the cutting him off from his labor and means of earning his wages, will fall upon a poor wife and helpless children, or upon an infirm parent. These two topics, well put, and urged home earnestly, seldom fail of their effect. In deprecation of this mode of proceeding, and in behalf of men who I believe are every day wronged by it, I would urge a few considerations which seem to me to be conclusive. First, as to the evidence of the good character the captain sustains on shore. It is to be remembered that masters of vessels have usually been brought up in a forecastle; and upon all men, and especially upon those taken from lower situations, the conferring of absolute power is too apt to work a great change. There are many captains whom I know to be cruel and tyrannical men at sea, who yet, among their friends, and in their families, have never lost the reputation they bore in childhood. In fact, the sea-captain is seldom at home, and when he is, his stay is short, and during the continuance of it he is surrounded by friends who treat him with kindness and consideration, and he has everything to please, and at the same time to restrain him. He would be a brute indeed, if, after an absence of months or years, during his short stay, so short that the novelty and excitement of it has hardly time to wear off, and the attentions he receives as a visitor and stranger hardly time to slacken,--if, under such circumstances, a townsman or neighbor would be justified in testifying against his correct and peaceable deportment. With the owners of the vessel, also, to which he is attached, and among merchants and insurers generally, he is a very different man from what he may be at sea, when his own master, and the master of everybody and everything about him. He knows that upon such men, and their good opinion of him, he depends for his bread. So far from their testimony being of any value in determining what his conduct would be at sea, one would expect that the master who would abuse and impose upon a man under his power, would be the most compliant and deferential to his employers at home. As to the appeal made in the captain's behalf on the ground of his being poor and having persons depending upon his labor for support, the main and fatal objection to it is, that it will cover every case of the kind, and exempt nearly the whole body of masters and officers from the punishment the law has provided for them. There are very few, if any masters or other officers of merchantmen in our country, who are not poor men, and having either parents, wives, children, or other relatives, depending mainly or wholly upon their exertions for support in life. Few others follow the sea for subsistence. Now if this appeal is to have weight with courts in diminishing the penalty the law would otherwise inflict, is not the whole class under a privilege which will, in a degree, protect it in wrong-doing? It is not a thing that happens now and then. It is the invariable appeal, the last resort, of counsel, when everything else has failed. I have known cases of the most flagrant nature, where after every effort has been made for the captain, and yet a verdict rendered against him, and all other hope failed, this appeal has been urged, and with such success that the punishment has been reduced to something little more than nominal, the court not seeming to consider that it might be made in almost every such case that could come before them. It is a little singular, too, that it seems to be confined to cases of shipmasters and officers. No one ever heard of a sentence, for an offence committed on shore, being reduced by the court on the ground of the prisoner's poverty, and the relation in which he may stand to third persons. On the contrary, it had been thought that the certainty that disgrace and suffering will be brought upon others as well as himself, is one of the chief restraints upon the criminally disposed. Besides, this course works a peculiar hardship in the case of the sailor. For if poverty is the point in question, the sailor is the poorer of the two; and if there is a man on earth who depends upon whole limbs and an unbroken spirit for support, it is the sailor. He, too, has friends to whom his hard earnings may be a relief, and whose hearts will bleed at any cruelty or indignity practised upon him. Yet I never knew this side of the case to be once adverted to in these arguments addressed to the leniency of the court, which are now so much in vogue; and certainly they are never allowed a moment's consideration when a sailor is on trial for revolt, or for an injury done to an officer. Notwithstanding the many difficulties which lie in a seaman's way in a court of justice, presuming that they will be modified in time, there would be little to complain of, were it not for these two appeals. It is no cause of complaint that the testimony of seamen against their officers is viewed with suspicion, and that great allowance is made for combinations and exaggeration. On the contrary, it is the judge's duty to charge the jury on these points strongly. But there is reason for objection, when, after a strict cross-examination of witnesses, after the arguments of counsel, and the judge's charge, a verdict is found against the master, that the court should allow the practice of hearing appeals to its lenity, supported solely by evidence of the captain's good conduct when on shore, (especially where the case is one in which no evidence but that of sailors could have been brought against the accused), and then, on this ground, and on the invariable claims of the wife and family, be induced to cut down essentially the penalty imposed by a statute made expressly for masters and officers of merchantmen, and for no one else. There are many particulars connected with the manning of vessels, the provisions given to crews, and the treatment of them while at sea, upon which there might be a good deal said; but as I have, for the most part, remarked upon them as they came up in the course of my narrative, I will offer nothing further now, except on the single point of the manner of shipping men. This, it is well known, is usually left entirely to the shipping-masters, and is a cause of a great deal of difficulty, which might be remedied by the captain, or owner, if he has any knowledge of seamen, attending to it personally. One of the members of the firm to which our ship belonged, Mr. S----, had been himself a master of a vessel, and generally selected the crew from a number sent down to him from the shipping-office. In this way he almost always had healthy, serviceable, and respectable men; for any one who has seen much of sailors can tell pretty well at first sight, by a man's dress, countenance, and deportment, what he would be on board ship. This same gentleman was also in the habit of seeing the crew together, and speaking to them previously to their sailing. On the day before our ship sailed, while the crew were getting their chests and clothes on board, he went down into the forecastle and spoke to them about the voyage, the clothing they would need, the provision he had made for them, and saw that they had a lamp and a few other conveniences. If owners or masters would more generally take the same pains, they would often save their crews a good deal of inconvenience, beside creating a sense of satisfaction and gratitude, which makes a voyage begin under good auspices, and goes far toward keeping up a better state of feeling throughout its continuance. It only remains for me now to speak of the associated public efforts which have been making of late years for the good of seamen: a far more agreeable task than that of finding fault, even where fault there is. The exertions of the general association, called the American Seamen's Friend Society, and of the other smaller societies throughout the Union, have been a true blessing to the seaman; and bid fair, in course of time, to change the whole nature of the circumstances in which he is placed, and give him a new name, as well as a new character. These associations have taken hold in the right way, and aimed both at making the sailor's life more comfortable and creditable, and at giving him spiritual instruction. Connected with these efforts, the spread of temperance among seamen, by means of societies, called, in their own nautical language, Windward-Anchor Societies, and the distribution of books; the establishment of Sailors' Homes, where they can be comfortably and cheaply boarded, live quietly and decently, and be in the way of religious services, reading and conversation; also the institution of Savings Banks for Seamen; the distribution of tracts and Bibles;--are all means which are silently doing a great work for this class of men. These societies make the religious instruction of seamen their prominent object. If this is gained, there is no fear but that all other things necessary will be added unto them. A sailor never becomes interested in religion, without immediately learning to read, if he did not know how before; and regular habits, forehandedness (if I may use the word) in worldly affairs, and hours reclaimed from