Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1828-06-28
From the New York American.
RIGHTS OF SHIP MASTERS.

and of the duty of sailors 10 yield it, 10 all law
full commands, should be widely circulated.
1t is founded, mantle silly, upon the nature Of
things and upon necessity, that such a right
should exist, and the error under which the
offt nding sailor labored, in this case, cannot be
too generally made known.
II is not to be doubted, that The error has
been nourished and made productive Of much
mischief, by the proceedings OF what is called
the Marine Court, Of this ciy-a court which
is really disgrace TO the institutions OF our
country-and Of which the abuses and want OF
all proper attributes, are well signalized in a
printed Circular, addressed by Captain Austin
(;he defendent ir the case referred 10 below 10
his brother ship masters.
The opinion of his Honor Judge Thompson,
on the relative rights and duties Of Shipmas
tiers & Mariners, as expressed when he passed
sentence on Thomas Dewey, in the U S. Cir
cui, Court, June Term, 1928.
few days since, in the Circuit Court Of the
United States, held in this city, Thomas Dew
ey seaman on board the ship Savannah, was
tried and convicted for an assault with a dan
gerous weapon, upon Henry Austin, the mas
ter of the ship. The indictment was founded
upon the 22d section Of an act Of Congress Of
the Sd Of March, 1926, by which such off'nce
is made punishable by line and Imprisonment
al hard labor. 1, appeared upon the trial, that
the master and his mates were In the act OF
conhnng another seaman, who was intoxicat-
ed, ard was on the deck making great noise
and disturbance among the other sailors The
captain had ordered him below, which he re-
fused 10 obey, and whilst the mates were en-
deavouring to tie him, Dewey came on deck, &
the Capt ain ordered him 10 assist the mates,
which he not only refused 10 do, but drew his
knife and cut the rope, with which the sal Tor
was partly tied, declaring that on board a mer.
chant vessel the master had no authority to
conhne or infict any punishment upon a sailor.
And upon This the affair between the m aster
and prisoner took place.
Judge Thompson, in pronouncing judgmen,
on Dewey, took occasion TO explain TO him,
what were the respective legal rights Of mas
tiers and seamen. Oh board our merchant yes-
sels. He observed to him, that as he appeared
to be an intelligent man, and one whose char
astsE and ssaqaqftf' doifdrss,s Of some d the
commanders OF our public vessels, his exam
pie was tho more dangerous, and calculated to
produce serious disturbance on board the
ship. That it he really entertained the opfn,
ion which he avowed, he acted under an erro-
neous impression, OF the authority Of the mas
ter, and the duty otstamen. The right Of the
master to coerce obedience TO his orders, was
Indispensable, for the preservation of discipline
on board his ship He holds high and re.
sponsible trust, not only as it relates to the car,
go, but to the lives of the crew Of the ship, as
well as of the passengers. Wen at sea he is
placed beyond The reach of.assistance, or the
power Of substituting others in the place of re-
fracrory and disobedient sailors This extra,
ordinary situation requires that he should DOS
srss more enlarged powers than a person on
land would aaVe over men in his employment.
1t grows Out Vt the absolute necessity of the
case The la" has been particularly watchfuI
over the rights o: seamen, and in providing for
their comfort anc safety, and they in return are
bound ~ render obedience to all the lawful
commands of the master, and if the master a.
buses his authority, he will be answerabIe for
lis conduct On coming into port. Although
seaman was not bound to obey an unlawful
command, as Tor instance, to commit a crime;
yet the unlawiulness of the command should
be very clear and obvious before he hazorded
refusal to obey, the effects Of which are so
dangerous at sea. Obedience is one of the
first duties Of sailor, and forms one of the
stpuIations into which he enters, by the shin.
ping articles. And the master has right TO
enforce such obedience in any reasonable man.
ner, according to the urgency and nece,si,v Of
the case for The purpose of maintaining order
and discipline on board his.ship. And il con.
6nement or moderate correction becomes ne.
cessary for this purpose, he has right TO EN-.
ploy II. The authority of the master over the
seaman is, in his respect, analogous to that of
parent over his child, or master over his
apprentice or scnotar. The master is bound
to be very Careful in the exercise of his author.
Ivy, and not to make the parental power the
pretexi for cruelty and oppression. Blu,
his right to enforce obedience, grows ont
Of the necessity of The case, for the safety
OF the ship. seamen has not only no
right to interfere between the master and
another seeman, whom he is correcting in
reasonable and moderate manner, but on the
contrary is bound 10 assist the master, to con.
fine muiinous, riotous, and rebellious seaman.
That, although bis conduct on this occasion
had been highly censurable, and withou, ex-
cuse, and calculated to produce a serious
mutIny on board the ship, yet as he, by his PEE
tltlon to the Court. aDDeared sensible nf his