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Show 258 APllENDIX TO NOTES. "'Don't call (In J('sus Christ' shouted the C:\.ftain; 'lte can't help you. Cull on C«plai'' 1'--.' He'~ the man lie con help you! Jc~.u1tt0W;~:~e:~~.~~~<:~cl\,.f1Y~j111f'~~~vcr shall forget, my blood ran cold. J coultl look ou no' Jongc1•• Dil'lgu:-1tcd, ~ick, :uHl h<~rror·~tl·uck, I tur11cd nway and leaned O\'Ct' the miL and looked <h)\':n mto the water. A few rap1d thoughts of my ~m·n situ!ttion, nn_d ~~ t l•e J>l'01-1J>:ct of future r c,·cnrr(' Cl'Oij.scd my n11rul; J.,ut the fhlhn,., of the biO\\S and the cries of til~ nHW eallcJ me Lnck at OJi{·c. ~\t length they ccn.~?•!, and tuz·••in.a; round, 1 found that the mate, at?' s•gn:.d from the capt.a1n, h:td cut him down. Alm08t doubled up wJth pa_t~l, the man walked slowly forward, n.nd went down into the fore~astlc .. Every onc e!.'!? stood stilt n.t his post, while the cnptairf, swellmg wtth rage and w1th the importflnee of his achic\'Cment, ~,·alkcd the quar~ct·-deck, a?d at eac~~ tum, as he came forward, calhng out to us,- You sec )Our condttion! You see where ] 'vc got you all, nnd you know what to expf'ct !' 'You've boon mistaken in me-you didn't know wbnt l wa.!l! Now you know wha .. t I nml I 'll m:~kc you toe the mark, e\·ery soul of you, or l 'll ilog you all, fore and aft, from the Loy, up~~ Yon've go~ a drivct• over you! Yes, fl. slat..vHb·ivcr---:a 11~fll'O d rn-er_l J' ll seo who'll tell me ho isn't a negro slnxe !' Wtth thts aucl the l1k0 matter, equally calculated to quiet us, and to al!ay any apprehcn~ions of future troublC', he entet·taiued us f\1r about ten minulcll. when be went Lelow. SO()tl after, J "ohn cn.mc nft, with his biu·c back covered with stripes and wales in every direction, and dreadfully s wollen, nnd asked tho steward to a.sk tho en pta in to let him ha\'C somo sal\'(', or balsnm1 to put upon it. 'No,' flaid the captain, who hc:ud him from below; 'tell him to put llis s hi1·t on; that's the best thing for him; ami pull me ashore in the boat. Nobody iR going to lay-up on boanl this vessel.' Uo then called to .l\11-. JhHII!lCll to lake those two men find two others in the boat, and pull him n.shorc. I wC'nt fOr one. 1'ho two men could hardly bend their backs, und the captain called to them ~~~f~-~-? (\'!~~.',1~~~120~)' !' but finding they did their best, he let them "ln tl.H.l treatment of tUosc under l1is authority, the captain is nmcnablc to the common law, like nny other pcrAon. llc is lin \.lie ut common law for murder, assault and battery, and other offences; and in addition to this, there is a special sta.tute of the United States which m:-tkc::~ a captain or othc1· officct· liable to imprisonment for fl. term not exceeding; five year~, and to a fine not cxcccdiug n thousflnd dollars, for inflicting any cruel punishment upon, withholding food from, or in any other way m:t.lt1·eating a sen man. This i-'1 tho st;tlc of the law on the s uQjcct; while the relation in ,1·hich tbo parties stand, and tho peculiar necessities, ~x:cusc8, and provocations arising from that relation, nrc merely circumstances to be considered in each case. As ~~1~,~~ :~~~~~~i~~s t~:~o~:.,~~tc,11~~s~:·:u~~i:~::~ or sz~\;~~· s~~o t~:~~s,;!~~~~ in need, at present, of mo1·c leg islation on the subject. The difficulty lies ruther m the administration of the laws; n.nd this is certainly a matter that deserves great consideration, and one of no litUc em bar~ rassmcnt. A l'PE~Dl X 'rO NOTE S . 259 "In the fi_rst place, tho courts have snid that pul,lic policy requires tho PO WI.' I' ol the tllastor and offict·l·s should Ue su:;t:Li:.ed. Jilaoy lives aut~ a g:rc.l.t a.mou1_1t of pmpc1·ty arc constantly iu their hand~ for ~vhwh they arc l!lt~·tctly responsi!J!c. 1'<) prcscn•o thc~c, and to deal J~s.tly by tho capt:ll!l• aud u~t lay upon hi1u :L really li.mrful rc8pouaibtilt. y, and then tte up Ins hands, it is c>~scntial that dif!Cl plinc shoult.l. Lc 1mpported. ln. tho sccon_d place, there iti always g1·,_.;Lt 1\llow:~ ncc to b? m:ulo for fal se swc:u·mg and cxng:gCJ·t~tion Uy scnmen nod for com!Jm:l.twn:,~ nmong them og;Linst their ollicc1·s; n;1U it i:,~ t~ b.o ren:~mbcrod tlm.t tho laLtcr lmvo often no one to tol)tifj on thoir s~de. I hose :l.rc ~ve1ghLy anU t t·ue statements, and shoulJ. nut !Jc lost stght of by the fncuds of se•~mcn." (pp. 402 4U3.) "I.co.ul~ not do ju~tice to_ thi::~ subject with'out notici ng: one part of the dtsctphnc of a s htp, whtch has been VC1·y much discussed of late n.nd has brou;ht_ou.t strong cx:ptcssions of indig:nfl.tion f1·om many,_: I mcnn tl~c mil!Ctwn ?f co!·poml puni::~hmcnt. Those who ha.vc followed me m my ~1n.t·~·a.t1ve w1f1 rcmcmbct· that I w:l.s witness to an a('t of great cruelty JUfi~et~d upon my own 8hipmatcs; and inJccd I <:nn ~mcere~y ~ay that .tho Simple mention of tho word flogging, brings up !n me fcchngs w~nch ,1 can_ hardly control. Yet, when the pt·oposition IS mad_c to abolt.sh tt. cnllroly and .:l.t ?n~e; to prohibit ~he captain from c\cr, under a.ny cm.:umstanccs, mil1ctmg; corporal puillshmt:nt; I am obliged t? pfl.use, and_,~ must sa.y, tQ doubt cxcccLl ingly tho cxpE'diency of m:d;:mg any pos1t1vc enactment which sh:dl lt:wc that clfcct. If tl~c design _of tho~e who arc '~·riting on this subject i:,~ ntel·cly to draw pu.bhc. fl.t~cntw~ to tt, m_1d_ to chscourage the practice of flogging, l.l.llll brmg 1t mto d1~rep~tc, 1t IS well; an~, i~tdccJ, whatever may be tho end th_cy have Ill vtow, tlio mere ag tlatwn of the que1:1tion will ha\'C that eficct., and, so far, must do goo<.!. Yet l l:ihould not wi~;h to take the command of a ship to-morrow, running my chance of n ct·cw, n:t most masters nn~st, ltnd know, .'l.llt! have my crew kuow, tlmt I <~ould not, under any ctrcum~lanccs, millet even moder:l.te cLastisemcut. I should trust that I ~mgl_1t never have to t·csort to it, and, indf.!cd, I scarcely know what nsk 1 wou!J not run, n.nd to what inconvenience I would not subject my~:~clf; ruther than do so. Yet not to Juwe tho ~ower of holding it up ·in tcrr~re1?t! aml iudeed of protecting ruysclt; and n.ll unde: lliJ: charge, by tt, I{ some extreme case ~;houl<l aril'je, would be a S1tn:n.1~n I shoul~l not wish t<? Lc pl;10cd in myself: or to ta~'0I!!~?e~3:~~~sj~~~~~~~~sp~1'~~~1~\':~,1i1~~h~~·a~~~rl'j nnd officers arc liaLlo .... ro. bo thrown_, n.re n.ot suflicicntly eon.siJcrcd IJy many whose symp:l.tl~ tes nrc easily cxc1tcd Ly storicl!l, frt.>quont cnuuglt, :utd truo ouuugh of outrageous a!Jusc of tLts power. lt is to be relnem!Jcrcd tlta.t more thnn three-fourths of the SC:tiiiCil in our IIICrchant vc~sel::~ at·e foreigners. 'l'hc.y arc from_n.ll wnts of' the ~\·or!~. A gyeat many fmm tho north of .Europe, bcsulc ~ rcnchmen, Spa1wu·ds, l)ort.ugucsc, ltali:w!<, meu from all parts of tho Mediterranean, together with J..a:sc:l.t"l', 1\cgrocs, find perhaps worst of all, the off'-caBts of Jhiti:sh uwu-of:war·, and men from our own country who baxc gone to sea J.wcu.usc they could not be permitted to live on land. ".As things now arc1 many masters arc obliged to sail without |