The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1861-04-11


The laws Of the United states recognize five differ
et classes Of seamen sailing under the American
dag:
Ist-JHeTchaH, SsaneH-
A-FIsheTmSn.
3d-Uf1IsmsH
4h-COGstsTy, and
5M-.ncu-OE HrTs-usu-
There are laws relating 10 these several classes
Our design will now be 20 make a fair exhibition OF
those laws, 30 far n they relate to the protection and
relief Of -eameu, when discharged or found sick and
destitute in foreign ports. These laws enti,le selmen
90 protection aud relief in consequence % certain
taxes which are imposed upon seamen when ia health,
or upon the owners Of ships from which seamen may
be discharged, while in foreign ports.
The Tar upon SegRsH-Al seamen engaged in
the American service. On board vessels Of war. mer-
chant vessels and coasters. are taxed twenty cents
ger month. The tax Wa originally, by an Act Of
Congress, imposed only upon =eamen engaged in for
sign trade The Act dates as far back - 1898 1t
IL provided that the master or owner Of every vessel
OF the United States, shall pay 10 the Collector At the
rate Of twenty cents per month, out Of his wages, for
every seaman employed on board :he vessel, since she
was last entered nc any port Of the United states
This provision was subsequently, extended to the coast
ing trade. vessels employed upon the waters Of the
Mississippi. and 10 the officers, seamen, and mariners
Of the Navy. This money Is denOminated Hospital
money. and the annual increase from this assessment
10 very great
WhaIemen and fishermen are exempted from pay
ing this tax, ia consequence Of the peculiar nature Of
their enlistment and engagement. Ofrentimes they
make long cruises, and from IlEsuccess, do not have
any wages due them IL would be exceedingly hard
20 exact from them the payment Of this Hospital tax.
Extra WGges-When seamen are discharged be-
frs n I. 5. Consul. in a foreign port, three months
extra wages, or $50. must be paid If the seaman
enters q hospital or otherwise receives relief from the
Consul, the U. :. Government claims the full amount
Of this sum, which has been paid, but If the seaman
receives no relief. but re-ships for any port Of the
United States. then two-thirds of this amount, S24.
- refunded to the seaman In the Las Of Congress,
dating a. far back as 1909. il il expressly stated, that
the amount retained by the Government Is . for the
purpose Of creating 4 fund f5r the payment Of the
passages Of seInen. or mariners, citizens Of the
United States, who may be DESTROYS Of returning 70
the United States, or for the maintenance Of American
seamen who may be destitute. AMI may be in such
foreign port"
This exactioE was not formerly male, when seamen
were discharged from whaleships, or there was very
great latitude allowed to Consuls in the interpreta-
ton Of this law y different rule now prevails sea
men when discharged from whaleships ia accordance
with the Inv, are tTeatei the same n those discharged
from national vessels, or merchant ships
We have cilled attention TO these Two sources Of
income TO the Treasury Of the United STATES, for the
purpose Of showing that American .eamena are enti-
;led to certain privileges when sick and destitute.
Their payment Of the frsHfy cents PER month fgr, and
the ertrr rGgsS, entries them 70 certain rights,
hence, when they come forward to claim relief, it j.
not IN the light OF q bounty or charity. that they are
TO be provided for and protected. The laws entitle
theurt0 Teiief as Il right This Is one OF the sailors
rights, clearly defined by the laws Il the United
States.
U. :. Consuls are sent abro1i for the purpose OF
seeing that the seaiHeu, sailing under the flag Of the
intel States, are protected in the full enjoyment Of
this right. Consuls may have other duties TO dis
charge, but this duty just referred To. Is their speciai
duty The following language, we quote from a
Manual for Cousuls," published under the authority
VI the United States Government:
-One essential object q the Consular appointment u the pro-
teetion Il American Nlarinrr--a cil,s % cur fellow citizens
~hose habits of life require a Kind guardianship Of their persons
vigilance over their cuntIu-t- The law makes L the duty q
American Consular officer. 10 provide. at the public expense, for
al msrin-r. ami seane1 q the United states merchant marine,
who NAV b. found destitute within their respective district It
. NJ bar 20 their relief that thry have been It abandoned by
the wr-cS &C their vessel. q = otherwise, on a foreign shore
Thy ARE still Mariners and >eam-n of the United sta to-
EHd ne eTeHHstgHees Of thsp asstttNttoH, entities
10 aHfhs benefits and protection gToriiefb by the fourth
frctioH Of TIE ac. eC February -, I5O5- They are UitbiH
ne rorfs 2 TIE Hrt, and fhsy are U1thiH al the T'as0ns Of
II AUHaHity and policy rhiet aetEaf'a its PTortsioHs."
The question now arises, who are entitled to the
various rights aud privileges specified and referred TO
IN these laws Of Congress and Consular Instructions:
in other words. who are American seamen: In
answer To- this question, we remark, that there are
certain persons about whose right OF protection and
relief there can be no possible question, viz native
BORN American citizens, or regularly naturalized per
IONS OF foreign extraction, who have become American
according 10 the laws Of the United States
But are these persons alone entitled 10 the protection
tnd benefits Of these Laws and privileges We think
not. We have taken the position, anil until more
.o2ent rea-oninS snI better authorities are produced
han appeared in the Commercial -idrsTtiseT Of
llLrCu 1tb, over Ehe signature OF - l-Qle al flueu,
Ne regari our position ~ good, that Jefferson was
right when he said. that the vessel being American.
shall be evidence that the seamen On board are SUCH"
and furthermore. that Webster was right when he
Erute. thIt in every regularly documented mer-
.haut vessel. selmen shall Eni their protection in the
flag which i over them"
II now IN that flag only twenty-five stars are seen,
where thiTty-three . few days GO we're To- be found,
doubt not that its i.lds are abuudIutly ample TO
provide tor, and relieve all sailing under il,
shether born ia = Old England or New, tine Cape lie
veri Islands or Rhode Island, Africa or America.
~t'Oiynesit or District Vt Columbia We 10 not care
whether they ever saw the coasts Of the United States
r whistlei Yankee Doodle on the 4th Of July. but II
ouud on board OF an american ship, they are euti-
lei 10 both protection AMI rsiIet, as American sea-
men. They are not 70 be treated as ''paupers VI
oreign lands" That this position Is not II charita-
Die dodge on Dur part. or ~ little spread-ea-le-ism
n the grant court VI popularity we shall nov pro-
TO show.
Our first authority - that OF Chancellor Kent who
-rmarEs ~ hll0ss
~The 1. 81 Clnsrrss % March 81, 1913. G. IsI, declared that
- setmtu. who wa u1; ! nasIT- ~ usturaiizri r.tzeu of tn
.rirots yessG o.: the Tuit~i satrs- aut The provision against
he smPioym-nt 81 mrrisu ,eamrH - probably wI.iTgut any eh-
Or g. appli-s only % tho-- nations Nho shall IA ike NAH
er have PruhiDit1l ~ employment q american --aiaea- There
ne other Act % tou-Ts4s whica pr'al'i'- th- enptoymsE-of
5rrivn --lu4-n ia or -uips5 a1I wH.Is Foreigners are employed
. ~rau~n IA eur merchant shif~-t trey ar-irrmsd maria-r' and
fln-l ~rlia ihs Vt o. t'u-re-s q l'v@ 6-T--pvctins pro
i-ou rr tL-r1 ~ CousrIs when is.tuut- abroad And ia the
sayiga-@n Acts % - NInrch. i>-5. c -Oi. = Discrimination -
in avor of Amcra-ln citizens o : -cameu. relative Co the
I-hiug bounty and 10 foreign se~am-n.~-KeHf Conm,HtEy,
tss - fA aaaNt
Our second authority i that Of Judge Story
e ForriEu-rs while employees. - sraneu tn thr m~rchln; chip
~ Deemed % ~. 'Eariarr- Ht -vtusu q the intel Sttt--'
ithin she LJnzrlEr 8mi policy u th- Act los, q. t2'-NHHt-
lsrfs RsPorr. S0L - PAR 10
- And Tie jury were farther instructed by the Judge. tHat IT,
i1n-gi misht rigEtfully j1d-r Oh botrt q shat vessel. tlru be-
~ in The port 20 smyrna. br1u=tu- q a cItiEru q the Tinted
tate. ami b1uuI 20 ths Jni.-i STAT, r ~oati plrc th" -II
NitlaH Mann, p th;u ant t-err t-diuar mtr"er % ihr
uItsd STATE though q Usrs nor Pr0ret that She sl.i III
LEu uEs n hat time Gt Ergii.T subject, I4I adssrurr frn
he ship ffEs that having acquired tl~ character pj = mariner
the Juit-l slcs-. By beruunuE enc u the cryS q u= slip
in mfrarr above st4sHt. NH frlv. ~ nFsfFufF or Tw dis
-ess. -HntsG % -sig tror ts Consul Of h- IHifsf
Itcs--f5iG PIge 49,
% It g. Lr-arou- .H1. cvT ltv- su-11rus ant allow Foreigners
be employed o. -,lu-u ir tie 81 r-irg. ships O.: .hr Ju-rt
tatrs, and vhir 30 employed, th.y arr rtady within she pro-
ctinn O err Lass. and q seems % mc tlry ar 90 BE- deemed %
r mariners and searen - the United states within o., hu-
aDd policy Of III Act q l'1a- g. Ttar- seems a stu-