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Sailors, Crimps, and Commerce: Laws Protecting Seamen, 1866–1884

Published online by Cambridge University Press:  01 September 2022

KATHLEEN SULLIVAN*
Affiliation:
Ohio University

Abstract

Nineteenth-century seamen were subject to exploitation by boardinghouse keepers who recouped seamen’s debt by pocketing their advance wages from a future voyage. New York’s 1866 Act for the Better Protection of Seamen, the U.S. Shipping Commissioners Act of 1872, and the 1884 Dingley Act all purported to respond to this practice of “crimping,” but each of these acts simply allowed for new arrangements that continued to exact money from seamen. Even when corruption or collusion operated and were publicly known, such practices were tolerated because they continued to provide a steady supply of maritime labor, which promoted maritime commerce. This article considers the misleading political development of this legislation in the context of the early years of spoils reform.

Type
Article
Copyright
© Cambridge University Press 2022

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Footnotes

The author is grateful for support from The National Endowment for the Humanities’ Munson Institute of American Maritime Studies at Mystic Seaport, the Ohio University Research Council, the Ohio University Undergraduate Summer Internship Award, and Taylor Vickers.

References

NOTES

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40. Sean M. Theriault, “Patronage, the Pendleton Act, and the Power of the People,” Journal of Politics 65, no. 1 (February 2003): 55. During this period, too, the spoils system was innovating, continuing to operate along the classic model of patronage, but politicians themselves began to acquire great wealth by using their office to serve on the boards of banks or railroad companies or engage in real estate speculation in what Jeffrey Broxmeyer calls “electoral capitalism.” See Broxmeyer, Jeffrey D., Electoral Capitalism: The Party System in New York’s Gilded Age (Philadelphia: University of Pennsylvania Press, 2020)CrossRefGoogle Scholar.

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53. Johnson and Libecap, The Federal Civil Service System, 20. See also Skowronek, Building a New American State, 51–52.

54. “The Custom House Committee,” New York Herald, February 9, 1872, 4.

55. “The Custom House,” New York Herald, June 5, 1872, 5.

56. No title, New York Times, January 13, 1872, 4; “Quarantine Abuses” New York Times, February 2, 1872, 2.

57. “The Coopers’ Strike,” New York Times, January 28, 1872, 8.

58. “Our Shipping Interests,” New York Times, January 19, 1872, 5.

59. S. Rep. No. 42-227, at iii (1872).

60. “Harbor Reform,” New York Herald, January 4, 1872, 4.

61. “Seamen in the Port of New York to be Henceforth Protected by Law,” The Sailor’s Magazine and Seamen’s Friend 38 (May 1866): 259.

62. Gilmore and Black, The Law of Admiralty, 45.

63. Cooley v. Board of Wardens, 53 U.S. 299 (1852); Mayor of New York v. Miln, 36 U.S. 102 (1837).

64. Annual Reports of the Commissioner of Emigration of the State of New York, May 5, 1847 to 1860 Inclusive (New York: John F. Trow, 1861), iii.

65. “Immigration,” New York Times, September 12, 1865, 1–2.

66. Annual Reports of the Commissioner of Emigration; “Immigration,” 1–2; Richard Purcell, “The New York Commissioners of Emigration and Irish Immigrants, 1847-1860,” Studies: An Irish Quarterly Review 37 (March 1948): 29–42; Anna O. Law, “Lunatics, Idiots, Paupers, and Negro Seamen—Immigration Federalism and the Early American State,” Studies in American Political Development 28, no. 2 (October 2014): 107–28.

67. “AN ACT for the Better Protection of Seamen in the Port and Harbor of New York Passed March 21 1866,” Laws of the State of New York Passed at the Eighty-Ninth Session of the Legislature, Vol 1 (Albany, NY: W. C. Little, 1866), 365.

68. “Important to Landlords and Seamen,” The Sailor’s Magazine and Seamen’s Friend 38, no. 10 (June 1866): 316–17; “Police Courts: Unlicensed Sailors Boarding House,” New York Times, September 7, 1867, 2.

69. “The Sailors and their Hardships on Shore,” The Sailor’s Magazine and Seamen’s Friend 41 (April 1869): 98.

70. “The Sailors and their Hardships,” 100.

71. McCabe, “Secrets,” 394.

72. “Annual Meeting of the Chamber of Commerce,” New York Herald, May 4, 1866, 8.

73. “The Seamen,” New York Herald, February 12, 1869, 8.

74. Remonstrance of James J. Ferris, February 5, 1878, No. 22, in Documents of the Senate of the State of New York, 101st sess., vol. 1 (Albany, NY: Jerome Parmenter, 1878), 2.

75. From 1866 to 1876, only $92 had been contributed to the fund for shipwrecked and destitute seamen. “Remonstrance of Ferris,” 2.

76. “A Word for A Wise Measure,” New-York Tribune, December 12, 1871, 4.

77. Cong. Globe, 42d Cong., 2d Sess. 1836 (March 20, 1872).

78. Cong. Globe 42d Cong., 2d Sess. 2174 (April 4, 1872).

79. The appointment of commissioners for carrying out judicial functions was a power of circuit courts dating back to the early republic. Charles A. Lindquist, “The Origin and Development of the United States Commissioner System,” The American Journal of Legal History 14, no. 1 (January 1970): 1–16.

80. Petition of Sundry Merchants of the City of New York Relative to Seamen’s Wages, S. Doc. No. 29-86 (January 8, 1846) in Public Documents Printed by Order of The Senate of the United States IV (Washington, DC: Ritchie & Hiess, 1846).

81. “Washington. The Coming Session of Congress,” New-York Tribune, November 27, 1869, 3.

82. Cong. Globe, 42d Cong., 2d Sess. 1836 (March 20, 1872).

83. “A Word for a Wise Measure.”

84. “Protection for Poor Jack,” New York Herald, August 6, 1872, 6.

85. See Broxmeyer, Electoral Capitalism.

86. Cong. Globe, 42d Cong., 2d Sess. 2175 (April 4, 1872).

87. Cong. Globe, 42d Cong., 2d Sess. 2174–75 (April 4, 1872).

88. Cong. Globe, 42d Cong., 2d Sess. 2175 (April 4, 1872).

89. Cong. Globe, 42d Cong., 2d Sess. 3437 (May 14, 1872).

90. Cong. Globe, 42d Cong., 2d Sess. 3438 (May 14, 1872).

91. “American Shipping Interests,” New York Tribune, January 6, 1870, 5.

92. Cong. Globe, 42d Cong., 2d Sess. 2174 (April 4, 1872).

93. Cong. Globe, 42d Cong., 2d Sess. 2174 (April 4, 1872).

94. Cong. Globe, 42d Cong., 2d Sess. 2173 (April 4, 1872).

95. Cong. Globe, 42d Cong., 2d Sess. 2174 (April 4, 1872).

96. Cong. Globe, 42d Cong., 2d Sess. 2176 (April 4, 1872).

97. Fifteenth Annual Report of the Corporation of the Chamber of Commerce of the State of New York for the Year 1872-73, Part One (New York: Press of the Chamber of Commerce, 1873), 93–94.

98. Cong. Globe, 42d Cong., 2d Sess. 2176 (April 4, 1872).

99. Cong. Globe, 42d Cong., 2d Sess. 2176 (April 4, 1872).

100. Cong. Globe, 42d Cong., 2d Sess. 2176 (April 4, 1872); Cong. Globe, 42d Cong., 2d Sess. 2178 (April 5, 1872).

101. “The American Shipping Interests,” New York Herald, January 5, 1872, 5; “Washington,” New York Times, December 14, 1870, 5.

102. An Act to Authorize the Appointing of Shipping-Commissioners by the Several Circuit Courts of the United States (U.S. Shipping Commissioners Act), Pub. L. No. 42-17 Stat. 262 (June 7, 1872).

103. U.S. Shipping Commissioners Act.

104. U.S. Shipping Commissioners Act.

105. “Poor Mercantile Jack,” New York Herald, April 27, 1873, 8.

106. “In the Matter of the Accounts of the Shipping Commissioner of the Port of New York for the Years 1876 and 1877,” Reports of Cases Argued and Determined in the Circuit Court of the United States for the Second Circuit, Vol XVI (New York: Baker, Voorhis & Co, 1880), 98.

107. “In the Matter of the Accounts of the Shipping Commissioner,” 99.

108. “In the Matter of the Accounts of the Shipping Commissioner,” 100.

109. “Paying Off the Sailors,” New York Times, March 26, 1873, 2.

110. “The Shipping Scandal,” New York Herald, May 4, 1873, 5.

111. “The Shipping Scandal.”

112. “The New Shipping Act,” New York Times, August 1, 1872, 5.

113. “Poor Mercantile Jack.”

114. “Sailors’ Boardinghouse Keepers and the New Shipping Law,” New York Times, November 13, 1872, 6.

115. “Sailors’ Boardinghouse Keepers and the New Shipping Law,” New York Times, November 13, 1872, 6.

116. “The Sailors and the ‘Land Sharks,’” New York Herald, April 27, 1873, 11.

117. “Poor Mercantile Jack.”

118. “Meeting of the Boarding House Keepers,” New York Herald, April 30, 1873, 7.

119. “The New Shipping Act,” New York Times, October 14, 1873, 2; Letter from Darrah & Ewell, ship-chandlers and ship-owners, to the Commissioner of Navigation dated November 11, 1884, and Letter from Silas Weeks & Co., shipping and commission merchants, dated November 17, 1884, in Report of the Commissioner of Navigation 1884 (Washington, DC: Government Printing Office, 1894), 78, 82.

120. “Poor Mercantile Jack.”

121. “Boarding-House Runners,” New York Times, July 8, 1873, 8.

122. “The Conduct of Capt. Duncan.”

123. “The Mercantile Marine Muddle,” New York Herald, April 29, 1873, 7.

124. “The Conduct of Capt. Duncan.”

125. “The New Shipping Act,” New York Times, October 14, 1873, 2.

126. “Petition of 3411 Mariners for Repeal of the Law of June 7, 1872, to Authorize the Appointment of Shipping Commissioners”; Petitions of 2,000 American Seamen for Repeal of the Shipping Act, Petitions and Memorials, Resolutions of State Legislatures, and Related Documents that were Referred to the Committee on Commerce during the 43d Congress, National Archives and Records Administration, Washington, DC.

127. Richard Reinhardt, “’To a Distant and Perilous Service,” American Heritage 30 (June/July 1979), https://www.americanheritage.com/distant-and-perilous-service.

128. Report of the U.S. Shipping Commissioner for the Port of San Francisco, November 1, 1873, Committee Papers of the Committee on Commerce from the 43d Congress, National Archives and Records Administration, Washington, DC (hereafter NA-CPCC).

129. Rules and Regulations Established by the U.S. Circuit Court for the Government of the U.S. Shipping Commissioner’s Office at San Francisco, 2, NA-CPCC.

130. Rules and Regulations, 3.

131. Rules and Regulations, 1–2.

132. Report of the U.S. Shipping Commissioner for the Port of San Francisco, November 1, 1873, 5–6, NA-CPCC.

133. Poll Tax of Seamen: A Report of a Case in the U.S. District Court, August 27, 1873; The Abuse of Seamen, 4–6, Letter from the U.S. Shipping Commissioner at the Port of San Francisco, NA-CPCC.

134. The Abuse of Seamen, 6–7.

135. Boarding Masters Association of the Port of San Francisco Organized January 1, 1873, NA-CPCC.

136. J. D. Stevenson to Hon. Charles Clayton, February 19, 1874, NA-CPCC.

137. “Strange Disclosures,” San Francisco Chronicle, February 28, 1873, 3.

138. “Suspicious Secrecy,” San Francisco Chronicle, February 27, 1873, 3.

139. “Strange Disclosures.”

140. “Copy of Interrogatories Propounded by the Hon. Wm. A. Buckingham U. S. S. relative to the U.S. Shipping Act,” NA-CPCC.

141. Decan, Zerega & Co. to Wm. Buckingham, November 25, 1873; William Weld & Co. to Wm. Buckingham, November 26, 1873; Henry Brooks, Boston, December 1873; Booth and Edgar to Hon. Wm. Buckingham, April 30, 1874; Thomas Dunham Nephew & Co. to Mr. Buckingham, November 19, 1873, NA-CPCC.

142. Nesmith & Sons to Hon. W. A. Buckingham, November 10, 1873; G. K. Garrison to Hon. W. A. Buckingham, November 20, 1873, NA-CPCC.

143. J. D. Stevenson, “Remarks upon the U.S. Shipping Act approved June 7, 1872,” NA-CPCC.

144. J. D. Stevenson, “Remarks.”

145. G. K. Garrison to Hon. W. A. Buckingham, November 21, 1873, NA-CPCC.

146. John Emery Co., Boston, to Hon. W. A. Buckingham, December 2, 1873, NA-CPCC.

147. G. K. Garrison to Hon. W. A. Buckingham, November 21, 1873, NA-CPCC. In this packet of documents, C. C. Duncan annotated Garrison’s letter at various points with “untrue.”

148. John Emery Co., Boston, to Hon. W. A. Buckingham, December 2, 1873, NA-CPCC.

149. Affidavit of John Caruthers, January 27, 1875, NA-CPCC.

150. Affidavit of James Kerrigan, February 5, 1875, NA-CPCC.

151. Petition of 2000 American Seamen for Repeal of Shipping Act, January 13, 1874. Petitions and Memorials, Resolutions of State Legislatures, and Related Documents that were Referred to the Committee on Commerce During the 43d Congress, National Archives and Records Administration, Washington, DC.

152. Hoogenboom, Outlawing the Spoils, 173–74.

153. Remonstrance of James J. Ferris, Commissioner for Licensing Sailors Hotels or Boarding-Houses, S. Doc. No. 22, at 3, in Documents of the Senate of the State of New York One Hundred and First Session—1878, Volume 1 (Jerome Parmenter, 1878).

154. “Mr. Blunt Overhauled,” The Sun, October 12, 1877, 2.

155. Remonstrance of Ferris, 2–3.

156. “Mr. Blunt Overhauled.”

158. Gary Scharnhorst, “Mark Twain and C. C. Duncan Trade Insults,” Mark Twain Journal 47 (Spring/Fall 2009): 31.

159. In Gary Scharnhorst, “Mark Twain and C. C. Duncan Trade Insults,” 31.

160. Skowronek, Building a New American State, 61–62.

161. Letter from the Secretary of the Treasury in answer to a resolution of the House of January 12, 1874, H.R. Ex. Doc. No. 43-78 (1874), NA-CPCC.

162. “In the Matter of the Accounts of the Shipping Commissioner of the Port of New York for the Years 1876 and 1877,” 96–97.

163. “In the Matter of the Accounts of the Shipping Commissioner … 1876 and 1877,” 93–94.

164. “In the Matter of the Accounts of the Shipping Commissioner … 1876 and 1877,” 97.

165. The successful 1884 investigation against Commissioner Duncan takes great pains to absolve these prior circuit court judges of any guilt, noting that the circuit court judges involved in prior reviews of Duncan lacked all of the pertinent facts.

166. “In the Matter of the Accounts of the Shipping Commissioner … 1876 and 1877,” 95.

167. Letter from the Secretary of Treasury in Response to Resolution of the House passed February 4, 1884, communicating a statement of the sums paid by the shipping commissioner of the Port of New York, H.R. Ex Doc. No. 48-85 (1884), in Index to the Executive Documents of the House of Representatives for the First Session of the Forty-Eighth Congress 1883-’84 (Washington, DC: Government Printing Office, 1884).

168. Theriault, “Patronage, the Pendleton Act, and the Power of the People.”

169. “Mark Twain Excited”; Scharnhorst, “Twain and Duncan Trade Insults,” 31.

170. “Captain Duncan’s Testimony,” New-York Tribune, March 5, 1884, 2. When Congress discussed the Duncan dismissal as it was considering a bill to replace the 1872 Shipping Commissioners Act, members relied on Duncan making his books available in this trial so that anyone could see that his office absorbed all of the revenue. See 15 Cong. Rec. S3870 (daily ed. May 6, 1884) (statement of Sen. Vest).

171. “Mr. Duncan’s Nepotism,” The Sun, April 20, 1884, 8.

172. “The Fee-Eating Duncans,” The Sun, May 6, 1884, 1.

173. “Duncan Again Exposed,” New York Times, May 6, 1884, 8.

174. “In the Matter of the Accounts of the Shipping Commissioner of the Port of New York for the Years 1876 and 1877,” 102; “The Fee-Eating Duncans.”

175. 15 Cong. Rec. S3871 (May 6, 1884).

176. An Act to Remove Certain Burdens on the American Merchant Marine and Encourage the American Foreign Carrying Trade Pub. L. No. 48-23 Stat. 53 (1884).

177. Report of the Commissioner of Navigation 1884, 26.

178. Report of the Commissioner of Navigation 1884, 26.

179. Report of the Commissioner of Navigation 1884, 26. Emphasis added.

180. Annual Report of the Commissioner of Navigation 1885 (Washington, DC: Government Printing Office, 1885), 163.

181. Report of the Commissioner of Navigation 1885, 164.

182. Report of the Commissioner of Navigation 1885, 167.

183. Gilje, Liberty on the Waterfront, 25; see also Billy Smith, “The Lower Sort”: Philadelphia’s Laboring People, 1750-1800 (Ithaca, NY: Cornell University Press, 1990).

184. Report of the Commissioner of Navigation 1884, 50–51.

185. Report of the Commissioner of Navigation 1885, 168.

186. No. 16 Letter sent to the Commissioner of Navigation by Silas & Weeks, shipping and commission merchants of New Orleans, November 17, 1884, Letters Received from Merchants Respecting the Law Prohibiting the Payment of Advanced Wages to Seamen, in Report of the Commissioner of Navigation 1884, 82.

187. No. 7 Letter addressed to the Commissioner of Navigation by Darrah & Elwell, November 11, 1884, Letters Received from Merchants Respecting the Law Prohibiting the Payment of Advanced Wages to Seamen, in Report of the Commissioner of Navigation 1884, 77.

188. No. 7 Letter addressed to the Commissioner of Navigation by Darrah & Elwell, 77.

189. “Report of San Francisco Commissioner,” Annual Report of the Commissioner of Navigation 1885, 271.

190. Report of the Commissioner of Navigation 1885, 272.

191. Stephen Schwartz, Brotherhood of the Sea; Hearings Before the Committee on Merchant Marine and Fisheries, 53d Cong., 2d Sess (March 16, 1894) (statement of Andrew Furuseth of San Francisco, CA), 1–19.

192. James Gray Pope, “The Thirteenth Amendment at the Intersection of Class and Gender: Robertson v. Baldwin’s Exclusion of Infants, Lunatics, Women, and Seamen,” Seattle University Law Review 39, no. 3 (2016): 901–926.

193. An Act to Promote the Welfare of American Seamen in the Merchant Marine of the United States, Pub. L. No. 63-302, 38 Stat. 1168 (1915); Henry Farnam, “The Seamen’s Act of 1915: Address Delivered at the Ninth Annual Meeting of the American Association for Labor Legislation,” presented to the U.S. Senate by Mr. La Follette, S. Doc. No. 64-333 (February 19, 1916), https://hdl.handle.net/2027/mdp.39015063906542?urlappend=%3Bseq=3%3Bownerid=13510798885614465-3.