A Sea of Misadventures: Shipwreck and Survival in Early America

2. The Legalities of Loss, Wreck, and Ruin

29 . 2 . The Legalities of Loss, Wreck, and Ruin Article III: If any vessel, through misfortune, happens to be cast away, in whatsoever place it be, the mariners shall be obliged to use their best endeavors for saving as much of the ship and lading as possibly they can. And in case they save enough to enable the master to do this, he may lawfully pledge to some honest persons such part thereof as may be sufficient for that occasion. But if they have not endeavored to save as aforesaid, then the master shall not be bound to provide for them in any thing, but ought to keep them in safe custody, until he knows the pleasure of the owners, in which he may act as becomes a prudent master.1 Shipwreck was a fact of life for all maritime cultures. Although these catastrophic events often happened beyond the sight of land, the consequences of such failures had far-ranging repercussions. Vessels not only carried precious cargoes of human life but also represented financial investments for owners, underwriters, and insurance companies. Businesses, families, and communities relied on successful voyages to deliver needed goods, pay sailors ’wages, and maintain commercial well-being. When a voyage ended in failure, someone had to pay for the lost or damaged cargo, the cost of repairs, and even the surviving crew members’ wages. Upon the loss of a vessel, interested courts and insurers asked questions concerning the vessel’s seaworthiness, the performance of the master and crew, and whether shipwreck came from human negligence or as an act A Sea of Misadventures 30 of God. Apart from the loss of human life, disputes regarding fault, payments , contract, and jurisdiction often fell to the legal system. A quick perusal of any early modern newspaper reveals that shipwreck was a common event. Sources such as the Providence Gazette and the Boston Gazette recorded fifteen to twenty wrecks each year during the mideighteenth century. Although many entries consisted of only one or two lines each, several provided detailed information about the wrecks and rescues of any survivors. The Gloucester Archives Committee of Gloucester, Massachusetts, compiled a list of shipwrecks from various archival and printed sources for the port of Gloucester. They found that approximately 150 shipwrecks occurred between 1700 and 1799.2 An examination of insurance records from Massachusetts suggests that 4 to 5 percent of vessels were castaway or lost at sea.3 Peter Throckmorton, considered a pioneer in underwater archaeology, estimated that until the last century approximately 5 percent of all cargoes were lost.4 Unfortunately no comprehensive list of early North American shipwrecks exists. But the evidence does suggest that shipwreck happened on a regular basis and that coastal populations were well aware of the risks. In response to the number of shipwrecks, a body of maritime law developed in the colonial and early republic eras.5 Captains and crews understood the law and how to use it to meet their needs. Shipwreck narratives and other published material revealed mariners’ understanding of the legal system and how those who experienced shipwreck formulated their personal narratives to correspond to legal and economic constraints. Authors went to great lengths to show that shipwrecks were not their fault and that captains and crews did all they could to save the cargoes and ships. Admiralty law and marine insurance reflected the importance that society placed on maritime ventures. The various legal requirements, such as shipwreck narratives, helped transform shipwreck into an ordered event by situating it within a structured legal framework. Admiralty Law Some of the earliest known examples of maritime law come from mid-fifthcentury b.c.e. Athens, where judges ruled on problems concerning vessels and crews.By the next century commercial maritime tribunals had developed with specialized maritime law.6 In the early modern world trade expanded, and as ships explored the farthest known regions of the globe, international laws were developed to regulate maritime affairs. England established the Court of High Admiralty in the fourteenth century, primarily to deal with piracy and maritime disputes. Admiralty courts diverged from commonlaw courts because they “drew upon the ancient authorities and on current The Legalities of Loss, Wreck, and Ruin 31 international practice,as well as on the royal decrees and parliamentary statutes , whereas the other courts relied more on the background of common law.”7 This distinction remains one of the defining differences between admiralty...