attended with but a very limited share of success. The regulation to which the owners of ships are required to conform are, with some exceptions, precisely those called for by the exigency of the case, as is best proved by the fact that the accidents and disasters which continue to happen are almost always trace able to the disregard of some of these provisions; but the fact that they are disregarded proves, in its turn, that the law must remain a dead letter until more effective remedies are provided against its violation.
The Act of 1855 provides that, if some of its provisions are violated, the master shall be guilty of a misdemeanor; and that, if others of its directions are not complied with, the master or the owners, or both, shall forfeit money penalties against the ship by the authorities of the United States.
It is found that indictments are not feared, and that suits for the recovery of penalties are never instituted.
To make the law effective, the power of obtaining redress must be lodged in the hands of the emigrants themselves.
The law gives them an action against the ship for marine torts and for breaches of marine contracts; but this action must be prosecuted through the dilatory form of admiralty practice. The ship is bonded, and goes on her way. The emigrant, poor, friendless, and often emaciated by disease, is kept loitering in a crowded city, dancing attendance on the delays of litigation, while the Western fields, which he came to till, lie fallow. The loss falls immediately on himself, but indirectly likewise on the entire country, which receives and detains a languishing pauper, when it needs industrious and able-bodied laborers.
It is absolutely necessary to authorize a summary proceeding, simple and expeditious, such as the case of the emigrant requires. A commissioner should be appointed for the especial purpose of hearing and passing upon these complaints. He might be appointed by the Chief Justice of the United States, under the precedent established in the case of the Register in Bankruptcy. His authority, however, must be to hear and determine. An appeal from his decision should not operate to supersede execution upon his judgment; but the losing party should be cast upon his chances of obtaining restitution.
It will also be necessary to establish certain principles of remedial law, not now considered established.
The owner of a ship should be made responsible in damages to the natural representatives of persons dying in the course of a voyage from causes produced by misconduct of such owner, or his agent. Such claims must be declared liens on the ship, recoverable by action in rem in the admiralty form.
The contracts to convey passengers must be declared contracts of absolute insurance, not to be qualified by written or printed stipulations dictated by the ship-owner.
The ship-owner must be prevented from pleading that the emigrants, having seen the ship when they came on board, had assumed their own risks, and precluded themselves against bringing suit for damages occasioned by its imperfections.
Damages merely compensatory will not suffice to recompense sufferers for the annoyance arising from insufficient food or air, or other ill treatment, not causing definite pecuniary loss.
