He, too, has friends to whom his hard
earnings may be a relief, and whose hearts will bleed at any cruelty
or indignity practised upon him. Yet I never knew this side of the
case to be once adverted to in these arguments addressed to the
leniency of the court, which are now so much in vogue; and certainly
they are never allowed a moment's consideration when a sailor is on
trial for revolt, or for an injury done to an officer. Notwithstanding
the many difficulties which he in a seaman's way in a court of
justice, presuming that they will be modified in time, there would
be little to complain of, were it not for these two appeals.
It is no cause of complaint that the testimony of seamen against
their officers is viewed with suspicion, and that great allowance is
made for combinations and exaggeration. On the contrary, it is the
judge's duty to charge the jury on these points strongly. But there is
reason for objection, when, after a strict cross-examination of
witnesses, after the arguments of counsel, and the judge's charge, a
verdict is found against the master, that the court should allow the
practice of hearing appeals to its lenity, supported solely by
evidence of the captain's good conduct when on shore, (especially
where the case is one in which no evidence but that of sailors could
have been brought against the accused), and then, on this ground,
and on the invariable claims of the wife and family, be induced to cut
down essentially the penalty imposed by a statute made expressly for
masters and officers of merchantmen, and for no one else.
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