Percentage of loss of ships and EXTRACTS FROM A MEMORANDUM PREPARED BY SIR T. H. RESULTS OF THE REPEAL OF THE NAVIGATION AFTER mentioning certain qualifications necessary to be taken into account in considering his Memorandum, Sir T. H. Farrer writes as follows: 66 Remembering that the returns for the earlier period give a num. ber of wrecks smaller, and an aggregate of registered tonnage greater, than it really was; remembering also that the earlier returns are for the United Kingdom only, whilst the later returns of wrecks and tonnage are for the Empire, and remembering also the increase of collisions and of dangers arising from increased speed, we have the following results: Between 1818 and 1836 (taking the estimate of the Committee of 1836 for the later period) the loss of ships had increased 50 per cent., and the loss of lives 31 per cent., whilst the shipping had Between 1836 remained about the same in amount. Between 1836 and 1842, the of life between 1818 and 1836. and 1842. Between 1886 and 1862. Between 1862 and 1872. Between 1836 and 1872. loss of ships and of life had remained about the same, so far as we can judge, whilst the number of ships had increased by 18 per cent., the tonnage by 29 per cent., and the Foreign employment by 45 per cent. "Between 1836 and 1862, the loss of ships had increased by 67 per cent., of tons 193 per cent., and of life by 32 per cent.; whilst the number of ships had increased by 100 per cent., the tonnage by 158 per cent., and the Foreign employment by 226 per cent. "Between 1862 and 1872, the loss of ships had increased by 9 per cent., of tons 27 per cent., and of life by 50 per cent.; whilst the number of ships had decreased by 5 per cent., but the tonnage had increased by 22 per cent., and the Foreign employment by 81 per cent. "Between 1836 and 1872, the loss of ships had increased by 83 per cent., of tons 273 per cent., and of life by 97 per cent.; whilst the number of ships had increased by 91 per cent., the tonnage by 215 per cent., and the Foreign employment by 489 per cent. (a) See Introduction, page 28. "In other words, whilst for every ship lost in 1833-4-5, there were 3,794 tons on the register, and 7,714 tons employed in the Foreign trade of the United Kingdom, for every ship lost in 1870-1-2, there were 6,547 tons on the register, and 24,909 tons so employed; whilst for every 100 tons lost in 1833-4-5, there were 2,656 tons on the register, and 5,401 tons employed in the Foreign trade of the United Kingdom, for every 100 tons lost in 1870-1-2, there were 2,242 tons on the register, and 8,529 tons employed in the Foreign trade of the United Kingdom; and whilst for every life lost in 1833-4-5, there were 2,276 tons on the register, and 4,628 tons employed in the Foreign trade of the United Kingdom, for every life lost in 1870-1-2, there were 3,635 tons on the register, and 13,831 tons so employed." In another part of the same Memorandum, Sir. T. H. Farrer quotes from the Parliamentary papers presented in 1848, certain conclusions drawn by Mr. Murray, then Assistant Under-Secretary at the Foreign Office, from a great number of replies of Her Majesty's Consuls to a circular signed by Mr. Murray, as to the character and conduct of British shipmasters and seamen at that period. Conclusions of Mr. Murray The conclusions drawn by Mr. Murray from these reports are given in his letter of the 1st January, 1844, where he says "that in 1844. the character of British shipping has declined, and that the character of Foreign shipping has improved;" and are again given in his Memorandum of the 22nd November, 1847, where he says "that the and 1847. condition of British shipping according to evidence from the ports of Foreign States may not unjustly be termed discreditable to this country; that British ships are allowed to be sent to sea commanded and navigated in a manner which injures British interests and reflects discredit upon British intelligence; that in only three reports out of 65 is it stated that the condition of British shipping had improved rather than declined; that the Commercial Marine of Great Britain is stated in the majority of the reports to have become lowered in the estimation of foreigners; and that Foreign ships are chartered in preference to British vessels." Speaking, still at the same period, of the education, character and behaviour of British Merchant Officers, Mr. Murray sums up the Consular Reports as follows:-"It is stated from various parts of the world that persons placed in command of British ships are so habitually addicted to drunkenness as to be unfitted for their position, and it will be seen that Her Majesty's Consuls allude specifically to the notorious incapacity and gross intemperance, and to the ignorance and brutality of British shipmasters, many of whom are totally devoid of education. In several reports it is stated that there are honourable exceptions to the unworthy class of masters, thus showing that among British masters frequenting Foreign ports bad conduct and ignorance is the rule, and intelligence and ability the exception; that on the other hand Foreign masters are educated, sober, intelligent men, capable of commanding Education, character, and behaviour of British Mer chant Officers at that period. Reference by contrast to the opinion of Mr. W. S. Lindsay's Committee of 1860. A marked im provement in conduct and efficiency of masters and mates. "Opinions of Consuls in 1869, to the same effect. respect and of maintaining discipline on board their ships, and that Foreign seamen are consequently more orderly." This is a melancholy report of the British shipmasters of 30 years since, and we have seen that the Committee of 1836 had previously reported most strongly in the same sense, pages 2 and 3. Sir T. H. Farrer however invites us to "contrast with these passages the opinion expressed by Mr. W. S. Lindsay's Shipping Committee of 1860: 'Your Committee cannot conclude this part of their report without bearing testimony in approbation of the system established in recent years for the examination of masters and mates of merchant ships. A marked improvement is undoubtedly visible in this class of officers, and nearly every witness has concurred in recognizing the practical advantages of the system."," "Again, the replies of the Consuls to Mr. Lefevre's question No. c. 630, 1872," in 1869 convey an impression of very great improvement in the officers; not so much from any positive statements, as from the general absence of the unfavourable comments which so remarkably distinguished the Reports of 1843-7. In the few cases in the Reports of 1869 where the masters are spoken of unfavourably, it is their bad manners, their carelessness about their cargoes, and occasionally their drunkenness which are specially mentioned. But these unfavourable comments are few, and are confined to particular classes of ships. The officers of steamers are almost invariably well spoken of." Similar opinion of Royal Commission on Unseaworthy Ships. Preliminary Report, 1878, Parl. Paper, c. 858, 1/78. Sir T. H. Farrer's conclusions. "Finally the Royal Commission on Unseaworthy Ships say that it is admitted that shipmasters have of late years improved." "I think, therefore (Sir T. H. Farrer proceeds to say) that although there may still be too many cases of want of education, coarseness of manners, or even of drunkenness, amongst certain classes of our merchant officers, we may fairly conclude that since 1850 their character and education has, on the whole, very much improved. Whether, as some of the Consuls suggest, they are inadequately paid for the responsible functions they have to perform, is a question which I cannot answer, and with which Government cannot meddle. It is, undoubtedly, much to be desired that for this large and important class there should be more of esprit de corps, more of an established rank in society, and more possibility of attaining posts of competency and dignity. Anything which will raise the merchant officer in his own estimation, and in that of society, will do much to raise the character of our Mercantile Marine." Sir T. H. Farrer's own conclusions in 1875 upon the whole subject of his enquiry, are as follows: 1. "That the British Merchant Navy has since the repeal of the Navigation Laws increased much more rapidly than it did before that event." 2. "That the increase has been principally in the form of steam. ships, the most valuable form of shipping property." 3. "That the employment of British shipping has increased in a still faster ratio than the shipping itself." 4. "That the increase has been not only positively greater since the repeal of the Navigation Laws than it was before, but that British shipping has gained on the shipping of other nations, both in the enormous trade of our country, of which it carries a larger portion than it did formerly, and in the trade of Foreign countries also, so that it now carries a far larger and more valuable proportion of the trade of the whole world than it ever did." 5. "That the trade in passengers and in the more valuable class of goods which require certainty, safe loading, and dispatch, is more than ever in our hands." 6. "That the estimation in which British shipping is held by Foreign shippers has greatly improved during the last thirty years." 7. "That the opinion of Her Majesty's Consuls abroad concerning the condition of our shipping is much more favourable than it was thirty years ago." 8. "That the condition and character of our merchant officers has much improved." 9. "That while the condition of the seamen employed in British steamers trading from the United Kingdom, who form about a third of all the seamen employed in British ships in that trade is decidedly improved, the condition of the seamen employed in British sailing vessels is still very far indeed from what could be desired, and that the supply of good sailors is not equal to the demand." 10. "That there is no groand for supposing shipwrecks and loss of life from shipwrecks to have become more frequent in late years ("). On the contrary, from the earliest period at which we have records down to the present time, the ratio of loss to the whole Merchant Navy, has been and is still decreasing, and this, notwithstanding the experimental character of shipping enterprise during the introduction of iron as a material, and steam as a motive power." (*) It will be observed that this statement was made in the year 1875. In some later years, and notably in 1882, the loss of life has been very large. (Mr. Chamberlain's reply to a Deputation of Ship. owners, March, 1883. Nautical Magazine, Vol. III., No. 18, 1883, page 253.) Y CASE OF THE "ORION' STEAMSHIP (^). PROSECUTION OF THE MASTER AND SECOND MATE (SCOTLAND). CULPABLE Homicide-Culpable Neglect of Duty and Loss of Life. Held, 1st, that these were substantially one charge whenever an accident happened which occasioned loss of life; 2nd, direction to jury that when the Crown had proved an accident by loss of life in a vessel under the panel's command, it lay on them to prove their innocence of all blame. SUMMING UP OF THE LORD JUSTICE CLERK (1). The LORD JUSTICE CLERK, in charging the jury, observed, "that as had been remarked in many cases, there really was no difference between the crime of culpable homicide and culpable and reckless neglect of duty, which resulted in the loss of life, and the jury must, therefore, under their charge, consider the case as one of culpable homicide. Intention to do wrong was not part of the crime of culp able homicide; if intention was proved under such a charge, it would amount to murder. The crime of culpable homicide was committed whenever a person unintentionally committed an act whereby the life of another was lost, or where he had failed to perform his duty, when charged with the preservation of life, without having a sufficient excuse for such neglect, and life was lost in consequence; and it was the wish of the Court to express this the more strongly, as they were of opinion that the introduction of two charges, amounting in law to the same offence, under circumstances such as those which had been proved in the course of this investigation, was in. expedient, as tending to distract and confuse the minds of the jury.” The principles of law, the Court was bound to lay down to the jury, had been much considered in recent cases, particularly that of Paton and McNab, November, 1845, Brown, Vol. II., p. 515, and it consisted in this: That any person placed in a situation in which his acts may affect the safety of others must take all precautions to guard against the risk to them arising from what he is doing.' That would also be the principle adopted and enforced by the Court in the cases referred to by the counsel for the panel, though, no doubt, exceptional (") See pages 15 and 95. 6 (b) Pamphlet by Mr. Thomas Gray on "Wrecks and Misconduct at Sea," written in 1871, revised in 1873, reprinted from the Nautical Magazine. |