The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-08-17

that they sometimes punish the refractory in a
manner that appears to be out of all proportion to
tbe nature of the offence committed is, we fear,
but too true if the concurrent testimony of their
own men and of our consuls residing at foreign
norts is TO be received as evidence of the fact
There are, of course, tyrants in every merchant
service and the absolute authority with
which ship-masters are clothed, when navi-
eating the high seas, whilst it may be regarded
as essential tc the protection of the property which
has been placed under their charge, naturally in
clines them to be more or less despotic. The COM
mand of a ship involves heavy responsibility,
for upon the obedience of the crew. the prompti-
tude with which they obey the orders of their
officers, and the degree of intelligence they exhibit
in executing those orders correctly, the lives of all
on board and the safety of the vessel and her
cargo depend But where authority can be
maintained without reSorting to the infiction
of severe corporal punishment, those whose
brutal instincts encourage them TO use the
pistol and the marlin-spike, should be held to as
strict an accountability as a master-mechanic
would be on land, who had cruelty maltreated one
of his workmen There is this thing, however, to be
said in extenuation of the charge of wanton and
deliberate cruelty which has been brought against
a certain class of American shpmasters, and it is
a consideration which ought to have its due weight
in any attempt that is made to establish the real
grade of the crime of which they may stand &C
cused. The crews of our merchant vessels, are for
the most part composed of men of different nation
alites. They are shipped frequently BY stratagem,
tha ihItiO ofo
force-some are brought on board drunk, others
have been entrapped into signing articles of agree
ment which they did not understand, and many
have been feecei by the rapacious harpies, who
cluster around the thoughtless sailor while on
shore and who seek to rid themselves of him when
his means are exhausted. We all know, more
over, that it is not an uncommon occurrence
for the crews of ships that are in the very
act Of putting to sea, to break out into open
mutiny, and to require the interpostion of an
armed force to reduce them to subsection
So long as the officers of q vessel remain
within easy reach of assistance the danger can
not be said to be very great, but the moment
they are out of sight of land, the case is altered
The odds are then against them, and they must
either overawe the turbulent by force of character
or by the use Of means which, under other con-
dtions, would be neither proper nor justifable
1t is to these mitigating circumstances that we at
tribute the general lcnity of Courts when ship
masters or their subordinate officers are brought
to trial for alleged acts of cruelty, committed on
the high seas, and not TO any desire to uphold
them in the exercise of an unlawful authority
Whether more rigid Interpretation of the law,
and the holding of the offenders to a stricter ac-
countability might not be beneficial in promoting
the morale Of the merchant service we are not
prepared to say buiis evident that some remedy is
imperavely required that shall correct the abuses
that have crept into the service, and which,
while it shall protect seamen from outrage.
shall exact from them, at the same time, an
implicit obedience TO the reasonable orders of their
superior officers. 1t is not so much from seamen
homeward bound as from those outward bound
that complaints of i'll usage arise. Cases of per-
sonal violence are frequently brought to the know
ledge of our Consus in foreign ports, and some
times the accusation amounts to the more serious
charge of homicide, but the powers of our Consuls
are generally limited, and even where, as by our
treaty with France they amount to an absolute ju-
risdiction over American citizens, there are very
few of that particular class of officials who possess
sufficient moral courage or independence of char
acter to act upon such cases with vigour and i'm
Partially. For a long time past, and atterly
more frequently than ever, the people of Liverpool
have made the outrages committed on board of
American vessels, plying between the UNITED
STATES and that port subject of complaint. Not
haJra Sto
time in the newspapers giving an account
OF the abuses practsed upon seamen by
American masters, but representations have been
made to our Consul at that port and through him
to the Government at Washington. An appeal has
also been made to the British Government to take
such steps as may be thought best adapted for re-
moving the evil, by providing for the prompt and
adequate punishment of the offenders More
recently still, the subject has been brought before
the House of Commons by Mr. MoNCKToN MLNEs.
who called the attention of the House to 'the cruel
''outrages which were committed on the high seas
I'm vessels engaged in the merchant traffic between
England and the UNITED STATES" and moved an
address to Her MAJESTY, praying that steps might
be taken to prevent those assaults and cruelties.
In the course of his speech he cited several cases
that had occurred, and among them the outrage
that had been committed on board the ship
Etlwdn, and n murder that had been perpetrated
within the last month on board the American ship
1ioandlneer. In both instances the criminals were
permitted to escape punishment for want of iurisdic-
ton on the part of the British authorities and from
the inability Of the American Consul to hold them
in custody. He also referred to the fact that the
number of American seamen admitted into the
Liverpool Hospital, to be treated for wounds and
bruises inflicted upon them by their officers 'from
"June, 1857, to June 1858, was no less than one
hundred and thirty-fve, while from the latter
month to January, 1859, the number had been
''eighty-the number in the workhouse, from June.
1883, to March, 1859, having been no less than
''twenty-three' There was, in his opinion, only
one of two remedies that could be applied. Either
additional powers must be given to American Con-
'uls or an understanding must be had with the
UNITED STATES, which would enable the English
Courts to bring the offenders to Justice He
doubted whether the first mentioned Of these reme
dies would prove effectual but thought that it was
posslple Tor the British Government to come 10 an
with the UNITED STATES by which
ali but the graver cases might be adiudicated bv
English tribunals, especially if similar antbor;tv
were granted to American Courts to try cases If
the same grade in which British subjects wera con-
cerned- Sir G. G. LEWIS, the Attorney GenoroI
while admitting the Importance of the subiec+
doubted whether it was possible to make anv CON.
ventOn with the UNITED STATES, by which this class
of offenders could be brought to punishment The
Crown of England, he said, had no power or in
risdction over crimes committed by American sea-
men On the high seas, nor had any foreign Power
ever been permitted to exercise criminal jurisdic
lion within English territory. The extradition
treaty covered the question, but the process of
claiming and sending to America for trial the
criminal and the witnesses in the case was rarely
carried into effect. Still he hoped that, as the Go
vernment OF the UNITED STATES was ready to unite
with That OF England in adopting any plan
which would promote the object in view,
ONE means might be devised that would overcome
he difficulties which obstruct the proper adiudica-
ion of this particular class of cases. We trust so
co. for it is matter that deeply concerns the honor
nd the reputation of our mercantile marine