The daily union., 1852-01-16


shores there were no such class professional
Those who manned the ships were landsmen, and thei
homes were ashore their occupation upon the
exception the general vocation. But al that day
necessary that the slightest departures from tn,
paths OF nautical recttude should be restrained that petty
deDquences were visited by The most barbarous pun
shments--punshmens Infinitely more cruel than those
prescribed for similar offences shore. But when COM
merce left the shore and stretched out into the open
where mariners could longer be imprisoned lined, oI
subjected TO hard labor for slight Offences the master oil
the ship was vested with the discretionary power OF fog
ging; and has been considered to this hour
humane substitution for the previous usages OF The sea-
II grew opt of the character and necessities OF com
merce refer TO all law writers upon the subject of the
navy and merchant Marines upon he control and Dayga-
ton OF the ship, and upon the exercise OF The authority
OF the master the seamen, passengers and cargo
and appeal to facts, and assert here that The authority
oil the master has always been, by The usages Of the
assniated 10 that of the lord his household, OF the
master his retaners, and OF the father his fam
n.y. The masters have ever been held responsible for
the discipline and safety OF their ships and e property
ntrusted to their charge They have been vested with
this weapon OF discipline preserve their authority and
from time mmemoral to this hour they have been held
responsible for lis abuse Up 10 the hour when the act
abolshing the punishment oil the lash passed. II, in
any court in this country having admiralty Jurisdiction,
this question had come up for adjudication, he follow
ing would have been the language of the jalge: "The
authority OF the master board his vessel supreme
He is responsible for the safety of the vessel He is
sponsble for the safety, convenience, and comfort of all
on board and when we hold him to this degree of
~, IL.
That power is the power Of father his chren,
OF lord his household, and that power is the power
to of necessaTy and he IS held responsible 'or the
take the liberty of reading upon this point from the
decision OF ust who has thrown more light upon this
subject than any other man in our ceuntry-a jurst
whom never quote but with the highest veneration-a
urst whose opinions have formed the laws of the land
upon this subject for the admiralty code OF our country
for the government OF seamen is unwritten. 1t is the
common law of the sea which Judge Story has given in
mi yvaS hat WI n ma
before the act OF September %, 1850, passed In Isl
Stoys Reports loe is the decision OF Judge Story IN
from it will read the following
" admit that the master is clothed with authority to
correct and punish any seamen who disobey the lawful
gross misconduct But correction be reasonable
IN itself and moderate in degree, and administered In
lent. brutal malignant manner, crafty his pas.
sions IN wanon abuse OF his he responsible
therefor and cannot shelter himself from damages by gem
eal allegations OF misconduct insoence in the offender
The law clothes the with summary authority in This
respect enforce due discipline on board ship But
should be forgotten that the power is abary but
discretionary in It's exercises but is deemed TO be anio-
gous power of parent to nhct chassement upon
ter over his apprentice"
Where did Justice Stery get this law Can we find it
or of France No, sir. Justice Story got il from the
universal and unwritten customs OF the sea. He pro.
mulged the common law OF the and his opinion, TO
this extent has made the admiralty law of the country
might 60 on and pass through the English reports of
all the admiralty cases from Sir William Scott down.
might pass through the reports Of Gallson, Sumner and
Mason of Justice Storys decisions and upon every page
you will hnd that the authority OF the master TO punish
the seaman is discretionary, and that the law holds him
responsible for the abuse OF his authority But it is
hardly necessary.
The discretionary power OF the master like that Of the
father, out OF the original depravy of manout
OF his restlessness under proper Tesalntou OF his
disposition 10 yield obedience 10 lawful authority when
that obedsnce involved the rights ths safety the
venienee, and the comfort OF others Arguing from this
point, il were disposed TO indulge imagination at all
II were disposed to advance opinions and not facts
might say that the ship which went in search OF the
Golden Fleece, the ship which bore Caesar and his for
tunes, and the ship from which the Saviour OF man
slled the troubled waters governed and controlled
by this discipline II disposed to advance opin-
ons might 20 still further and say that, if the records
OF Paradise were here, should probably find Adam
going out Of the garden, and angel behind him with
rod But do not advance mere opinions or authors
ties for this subject which should be treated dis
passonatey We here, in fact to deliberate whether
Der OF this body who is willing TO give It up: might
appeal TO every hero OF ancient and modern times who
has written his upon his counlrys pages; might
come from Nelson 10 Stockton and collecting all The
naval heroes Of modern times, and forming them
into one magnificent column of evidence, | nigh,
take the honorable senator from New Jersey INF.
STocKTos1 as the capital oil the column, and point
to him the standing and brilliant refu,aton OF bis
present theories. When the senator himself was in
position to exercise his authority in regard TO this
subject, when he had about him every opportunity,
means, and appliance OF putting in practice his the
oy and when be would have practised il, if the dis.
cplme and safety OF the navy had permitted IT, he failed
to do IT, | refer TO the period OF his command OF "the
Congress-" which, | believe, was about twenty.one
months, from ls45 TO 1s47 will suggest to the hon
oabe and to the Senate that this mode OF pun.
shment was not obligatory upon officers. 1t was left,
when not determined by court martial, much TO their
discretion. The law for the better government OF the
navy-the law OF 1900, with which all are famlliaIdid
not render il obligatory upon the ofce but gave hun
discretion, in cases between irons and ogging.
II was inflicted on board the ship commanded by the
honorable senator from New Jersey. The lash was
used on that ship 10 greater extent during the ume he
had command OF il than during similar period under
his successor He had the discretion TO commute II, and
he exercised IL when he thought proper and no doubt
US that he exercised it rghuly, and that was indse
pensable know him well enough TO ieel confident that
he would not have inflicted the lash upon Jack II he
could possibly have avoided II consistently with the NAM
ieaance of discipline know that every one he inflicted
was repugnan to his feelings But yet he did nfict IT.
and of that ship and yet the law did not compel him TO
infic them IL am wrong in this, may be put ngh,
but appeal to the law and il read rightly, he was
under no obligation TO have them inflicted, but had
discretion to fog TO punish otherwise and having ex-
creased the power under this discretion, say furnishes
about the best refutation OF bis theories which could
bring before the Senate
Mr.. STOCKTON. II the senator will permit me TO
interrupt him, feel bound to ask him to produce the
record where he sees Commodore Stocktons name ap.
pended to the record OF sailors being punished
Mr.. MALLORY. | have not said this to place the
senator in wrong light, have not referred to II be-
cause considered IL matter OF condemnation but was
going to say that the records of the punshments on
board "the Congress" file in the Navy Depart.
ment The ship had a commodore a commander, and
Heutenans 1 leave il to the Senate to say who com
manded the ship leave II to the Senate TO say where