aboard if they try to escape. Every other person
in every other kind of employment, since the abolition
of slavery, signing similar papers has a right to
refuse to carry out his agreement, with no other penalty
than a suit for damages. He cannot be forced to
carry out the contract in person. If this were
not so, there would be a sort of contract peonage
or slavery endorsed by the law. It is otherwise,
however, with the sailors. The United States Supreme
Court in the case of Robertson v. Baldwin (165
U.S. 275, 1896) decided, Judge Harlan dissenting,
that notwithstanding the thirteenth amendment to the
Constitution which, it was supposed, had prohibited
involuntary servitude except as punishment for crime,
sailors could be forced on board of vessels, and the
facts that the vessel was unfit for living, the food
bad, and the master brutal were no defences.
The headnote of the case says, ``The contract of a
sailor has always been treated as an exceptional one
involving to a certain extent the surrender of his
personal liberty during the life of his contract.’’
Mr. Plimsoll was rightly convinced that unseaworthy
vessels left port for the sake of insurance money
on valued policies, that the lives of the seamen were
thereby imperilled, and that the poor sailor had no
redress before the law. The bill that had just
been thrown out by Disraeli provided that if one-quarter
of the seamen appealed on the ground of unseaworthiness
a survey would be ordered, the vessel detained till
the survey was made, and if she were unseaworthy or
improperly provisioned the sailors would be relieved
from their contract unless those defects were cured.
It also had other minor provisions for the benefit
of the sailors. In Parliament that night, it
was thought that Plimsoll’s wild conduct had
destroyed his reputation as a sane man and had ruined
the chances of ever passing his bill, but outside
of Parliament the effect was just the reverse.
The public was aroused to a full understanding of
the essential merits of his bill and the government
was forced to put it on the calendar and carry it
through that session in its substantial features, and
the following year (1876) a more complete and perfected
act covering the same points was passed.
In the United States, a most interesting character,
Andrew Furuseth, a Norwegian, himself a sailor, and
without much education but a man of wonderful force,
has succeeded, largely by the aid of labor unions,
in forcing through Congress bills by which no American
seaman can any longer be forced against his will into
this servitude nor any foreign seaman on domestic voyages.
Another evil tending to degrade and enslave the sailor
was the allowance made by law of three months’
advance wages on beginning a voyage. This apparently
harmless and, to the credulous and inexperienced legislator,
beneficial provision gave a chance to the sailors’
boarding-house keeper and runner, or ``crimp,’’
as he or she is called, to ``shanghai’’