Page:History of merchant shipping and ancient commerce (Volume 3).djvu/42

 such business as can in any way interfere with their duties as consul.

But it has been necessary also to make several other material alterations in the maritime laws. By the Act of 1790, it was provided that if any seaman deserted, or even absented himself for forty-eight hours without leave from his ship, he forfeited to the master or owner of the vessel all the wages due to him, and all his goods and chattels on board, or in any store where they were deposited at the time of such desertion or absence, besides other penalties. This forfeiture might be necessary or proper to check desertion; but it was easy to see, that it was in the highest degree unwise, that it should be given for the use of the master or owner of the ship. It tended, indeed, to produce the very effect and mischief it was intended to prevent. Masters of American vessels, when nearing a port where a new crew could be shipped at reduced wages, and when in arrears to their seamen (a fact which often occurs in long whaling voyages), were apt to adopt a course of tyrannical conduct, with the desire of compelling desertion; and, on their arrival, to permit their sailors a temporary absence from the ship, and then to leave them, under the plea of desertion, as a charge on the hands of the consul.

One flagrant instance was mentioned by the consul at Lima, of a supercargo of a vessel, who stated that he had saved in one voyage alone more than 1000 dollars by the desertion of his hands, as if this were a fair source of profit to either owner or master.

The simple entry in the log-book of the fact of absence or desertion was, then, deemed conclusive