Let
him, then, have powers commensurate with his utmost possible need;
only let him be held strictly responsible for the exercise of them.
Any other course would be injustice, as well as bad policy.
In the treatment of those under his authority, the captain is
amenable to the common law, like any other person. He is liable at
common law for murder, assault and battery, and other offences; and in
addition to this, there is a special statute of the United States
which makes a captain or other officer liable to imprisonment for a
term not exceeding five years, and to a fine not exceeding a
thousand dollars, for inflicting any cruel punishment upon,
withholding food from, or in any other way maltreating a seaman.
This is the state of the law on the subject; while the relation in
which the paities stand, and the peculiar necessities, excuses, and
provocations arising from that relation, are merely circumstances to
be considered in each case. As to the restraints upon the master's
exercise of power, the laws themselves seem, on the whole, to be
sufficient. I do not see that we are in need, at present, of more
legislation on the subject.
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