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been rendered and received for unimportant acts
of dsobedienco or rude and impertnent language


unless it be of very gross character or dangerous
10 the discipline of the ship. and subordination oil
her crew faults which such men seamen COM
nit without any serious design Of INSTRUMENTATION
or insult, but which masters and mates, not unire-
'qneniy as rough taeir men, are fond OF calling
mutiny, to resist a demand for wages. We do not
look for the manners of drawing room on ooard Oh
ship, nor should we punish as an assault and oat-
terry those violations of the pride or person oil sal
lor, which in another class of men must be repress-
ed or they would lead to mortal consequences
While, therefore, in suit brought by a sailor for
his wages, would make every reasonable presump-
lion to protect him from loss the other hand if
he brings his officer here FOR assault upon him,
to which he is frequently insgated by bad advisers
on shore, reverse the proceeding, and require oil
him to make out a clear ease, by credible and con-
sistent proof throw the burden on him, with no
disposition to favor frivolous complaints, or
encourage such litigation 1t is not enough TO
show on the part of the officer and threaten
ing language, it is the dom of the sea, "signfymg
nothing p nor even rash and perhaps unnecessa-
ry blow, for if such occurrences are 10 be the
grounds of such suits, vessel will seldom come in
10 port, without furnishing more or less OF them
Officers will be under snch an apprehension of
them, that they will be unable to maintain that DIS
cipline which is essential to the safety of all. But
when can see there has been deliberate design
to oppress a seaman, assault upon him to crafty
some personal il-will, or indulge indicative tenn
per or where there has been wanton aud tyran-
nica abuse of power; if serious injury has been
inflicted by the violence of passion, however sud


den, in such cases. redress for the wrong will al
ways be found IN this court so far as am capable
Of affordngit. Obedience and submission the
duties of a sailor on his voyage, and the law re-
wards him for them, by an ample protection against
wrong, when he reaches his port, and comes within
the power oflhe law. The weapon used by an Of


icer for Furnishing seaman. is always subject Of
consideration and weight with the court -