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114-507: Although early biographers of Melville assumed the account was reliably autobiographical, scholars have shown that much in the book was taken and transformed from popular sea books. Based on Melville's experiences as a common seaman aboard the frigate USS  United States from 1843 to 1844, stories that other sailors told him, and earlier sea books, the novel is severely critical of virtually every aspect of American naval life and thus qualifies as Melville's most politically strident work. At

228-526: A Congregationalist minister, was pastor of the West Church in Barnstable for forty-seven years. Lemuel was named for his uncle, Dr. Hayward of Boston , father of George Hayward, the surgeon. Educated at home by his father except for a few months at Braintree, he entered Harvard in 1796. There, he taught school in winter vacations. After graduating with high honors in 1800, he taught for a year in

342-479: A "Member of the Legal Profession" wrote: It seems scarcely credible that Judge Shaw could have given utterance to the language published in his "charge to the jury." From the beginning to the end it is but an argument against the prisoner. An argument with all the moral force of a dictation to the jury, a dictation which makes a pretended trial by twelve men a mockery and a farce. ... What ulterior purpose

456-612: A Boston public school, and wrote articles and read proof for the Boston Gazette , a Federalist newspaper. In August 1801, he began studying law in Boston under David Everett. Meanwhile, he learned French proficiently from a refugee, Antoine Jay , afterwards a founder in France of the liberal newspaper Le Constitutionnel . In 1802, he moved with Everett to Amherst, New Hampshire , where besides doing legal work he contributed

570-462: A case of homicide, that the party accused did cause the death of the deceased. Whatever may be the kind or force of the evidence, this is the fact to be proved. ... Circumstantial evidence, therefore, is founded on experience and observed facts and coincidences, establishing a connection between the known and proved facts and the fact sought to be proved. The advantages are, that, as the evidence commonly comes from several witnesses and different sources,

684-427: A chain of circumstances is less likely to be falsely prepared and arranged, and falsehood and perjury are more likely to be detected and fail of their purpose. Shaw further stated: The evidence must establish the corpus delicti, as it is termed, or the offence committed as charged; and, in case of homicide, must not only prove a death by violence, but must, to a reasonable extent, exclude the hypothesis of suicide, and

798-553: A course back home in mid-1844, United States arrived at Rio de Janeiro, Brazil for resupply. Departing 24 August for Boston she challenged and won a race with the French sloop Coquette . United States arrived in Boston on 2 October and decommissioned there on the 14th. She was recommissioned there on 18 May 1846 and detailed to the African Squadron to suppress the illicit slave trade under command of Captain J. Smoot as

912-444: A death by the act of any other person. This is to be proved beyond reasonable doubt. Then, what is reasonable doubt? It is a term often used, probably pretty well understood, but not easily defined. It is not mere possible doubt; because everything relating to human affairs and depending on moral evidence is open to some possible or imaginary doubt. It is that state of the case, which, after the entire comparison and consideration of all

1026-557: A final decision was reached allowing Washington to complete the three frigates nearest to completion; United States , Constellation and Constitution were chosen. On 10 May 1797 she was the first American warship to be launched under the Naval Act of 1794, and the first ship of the United States Navy. She was fitted out at Philadelphia during the spring of 1798 and, on 3 July ordered to proceed to sea. Relations with

1140-559: A former commander of USS  United States , was later brought up on a court-martial in 1850 and found guilty on three counts mostly related to "oppression" of junior officers. Jones was relieved of command for two and a half years. In 1853, President Millard Fillmore reinstated him, and in 1858 the United States Congress restored his pay. During Melville's time on the USS United States from 1843–1844,

1254-700: A jurist lies mostly in the substance of his work, as opposed to the literary quality of his writings for the court. In Shaw's time on the Massachusetts Supreme Judicial Court, the chief justice often sat at trials. In the role of a trial judge, he was considered to be thorough, systematic, and patient. He was also renowned for his ability to clearly instruct juries. Because of Boston's strong abolitionist movement, Shaw oversaw numerous cases related to slave law and race. In 1836, Shaw's opinion in Commonwealth v. Aves held that

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1368-531: A legal doctrine in the state. In a later case, he again refused to release fugitive slave Thomas Sims on habeas corpus grounds, as he felt bound by the Constitution and the law, as the recent Fugitive Slave Act of 1850 required states and local governments to cooperate in the capture of escaped slaves. Sims' Case was the first by any court in the United States to uphold the constitutionality of

1482-557: A letter dated 12 November, 1802 Midshipman Ralph Izard was ordered to take command with the rank of Sailing Master. United States remained in the Washington Navy Yard throughout the First Barbary War of 1801–1805 and up until 1809, when orders were given to ready her for active service. On 10 June 1810, now under the command of Stephen Decatur , she sailed to Norfolk, Virginia, for refitting. While she

1596-770: A m . mustered the crew at Quarters, Punished Jno Hall, "O.S" with 12 lashes with cats for striking sentry on Post. Geo Clark "OS" with 12 of cats for smuggling liquor, Bos. C. B. Stanly "App" with 12 lashes with Kittens for fighting and Wm B Ewing "App" with 6. for using provoking language. Suspended the Boatswain from duty for disrespectful – conduct to the Officer of the Deck, – by replying when ordered by same through – Midn [Midshipman] Key, to call all hands stand by their washed clothes “ that he would 'receive no more orders in this Ship", or words to that effect." The next day 19 August 1843

1710-544: A member of the constitutional convention of 1820. He also held many offices in Boston. Shaw was elected a Fellow of the American Academy of Arts and Sciences in 1823. In 1822, with few precedents to guide him, he drafted the first charter of the city, which lasted until 1913. On the death of Chief Justice Isaac Parker , Governor Levi Lincoln offered Shaw an appointment as chief justice. Daniel Webster successfully urged Shaw to accept, though it meant giving up

1824-747: A poem on dancing and translations from French to the Farmers' Cabinet , a local newspaper. He became engaged to Nancy Melvill, daughter of Maj. Thomas Melvill of Boston (the subject of Oliver Wendell Holmes Sr.'s poem "The Last Leaf") but she died soon afterward. Admitted to the bar in Hillsborough County, New Hampshire , in September 1804, and in Plymouth County, Massachusetts that November, Shaw began practice in Boston. When his associate left Boston after being acquitted of murder in

1938-438: A political quarrel, he practiced alone for fifteen years. In about 1822, Shaw took Sidney Bartlett, an able trial lawyer, as his junior partner. His practice gradually became large, but he was less known as an advocate than as the adviser of important commercial enterprises. In politics, Shaw was first a Federalist and later a Webster Whig , but remained all his life a free-trader. He attended Unitarian services, though he

2052-534: A practice of $ 15,000 to $ 20,000 a year for a salary of $ 3,500. And for this, if nothing else, Webster later thought the public owed him a debt of gratitude. Shaw's commission was issued on August 30, 1830. He served for almost exactly 30 years, resigning on August 21, 1860. During his tenure as Chief Justice, Shaw authored over 2,150 legal opinions , and presided over a similar number of trials. Many of his legal opinions would help shape American law and jurisprudence. His exceptionally long judicial career coincided with

2166-497: A precedent in the naval service, effectively barring enslaved individuals as seamen. "In both the ship log and White-Jacket , mortality is prominent; with Melville relating and the log confirming the various modes of death." For sailors death and burial at sea or on a foreign shore was a commonplace." During the long voyage, six crew members died, including David Black, the ship's cooper, "Bungs", who fell overboard and perished on 4 October 1843. The actual log entry for 4 October 1843,

2280-442: A rose-water sailor." Mad Jack's original was Lt. Latham B. Avery, who two of Melville's shipmates identified as Mad Jack. Melville writes (chapter 27), "In time of peril, like the needle to the loadstone, obedience, irrespective of rank, generally flies to him who is best fitted to command." Melville recorded one other telling detail about his hero: "But Mad Jack, alas! has one fearful. He drinks." Melville adds, "in very fine weather he

2394-518: A settlement of the Quasi War. United States departed on 3 November arriving at Lisbon, Portugal on 27 November, departing for Lorient on 21 December but had to put in to Corunna on 11 January 1800 due to bad weather, and returned in early April 1800. She remained in port for needed repairs until December when Barry was ordered to return to the West Indies. The treaty of peace with France

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2508-420: A slave brought voluntarily into Massachusetts, a free state, was a "sojourner," or a journeyer, and not taking domicile in that state. Therefore, slaves could be brought into the state only for a limited time. Abolitionists, who had brought the habeas corpus suit, wanted a rule which would have freed the girl, while southern defenders of the practice wanted the court to uphold the concept of comity and acknowledge

2622-518: A squadron under the command of Commodore John Rodgers in President . Other ships of the squadron were Congress , Hornet , and Argus ; departed on a seventy-day North Atlantic cruise. A passing American merchant ship informed Rodgers about a fleet of British merchantmen en route to Britain from Jamaica. Rodgers and his squadron sailed in pursuit, and on 23 June encountered what was later learned to be HMS Belvidera . United States and

2736-599: A surrender. The next day he realized that the United States and Mexico were still at peace, so tried to make amends for his action. While waiting for further orders, Jones heard British Captain Lord George Paulet had claimed the Hawaiian Islands . He sailed there, arriving on 22 July. Admiral Thomas arrived a few days later, and restored the government of the Kingdom of Hawaii . Herman Melville ,

2850-887: A third. "No, no! they'll never sing out, ' All hands bury the dead!' for him, my hearties!" cried a fourth. The same incident is described by the anonymous author of Journal of A Cruise to the Pacific Ocean, 1842-1844, in the Frigate United States , who recounts a similar set of facts and circumstances. This list is not exhaustive. White-Jacket was published in London by Richard Bentley on February 1, 1850, and in New York by Harper & Brothers on March 21, 1850. Melville referred to it and his previous book Redburn as "two jobs which I have done for money—being forced to it as other men are to sawing wood." At

2964-464: A trial all points of law were argued fully by counsel and settled on the spot by decisions as "final and conclusive" as those of the highest appellate court on a bill of exceptions. Such an accommodation was rooted in the consideration that the defendant and the public had a unique interest in securing, in the first instance, a verdict based on correct and authoritative rulings and, therefore, in avoiding repeated trials. The trial lasted eleven days with

3078-480: A watery grave. The symbolism of the color white, introduced in this novel in the form of the narrator's jacket, is more fully expanded upon in Moby-Dick , where it becomes an all-encompassing "blankness". The mixture of journalism, history, and fiction; the presentation of a sequence of striking characters; the metaphor of a sailing ship as the world in miniature, all prefigure Moby-Dick , his next novel. Many of

3192-409: Is "..no small matter, particularly to the accused whose life is at stake. The existence of malice distinguishes murder from manslaughter, and manslaughter, the unlawful killing of a human being without malice, does not carry the death penalty." Having made the distinction in the law between murder and manslaughter, Shaw then argued, "Upon this subject, the rule as deduced from the authorities is, that

3306-407: Is reclining among the canvases in the main-top and, his jacket blending in with the surrounding material, he is nearly unfurled along with the main sail; and once when, having been pitched overboard while reeving the halyards, he has to cut himself free from the coat in order not to drown. He having done so, his shipmates mistake the discarded jacket for a great white shark and harpoon it, sending it to

3420-717: Is sanctioning practices repugnant to the state's own norms. The Aves case caused an uproar in the South where planters accused the Northerners of denying their equal sovereign status. Shaw also drew criticism from conservative jurists in other Northern states, as in State v. Post (N.J. 1845), which stated that New Jersey still allowed slavery. His ruling in favor of the constitutionality of school segregation in Roberts v. City of Boston (1849) established " separate but equal " as

3534-508: Is terse: "From 4 to 8 moderate breezes and clear weather at 5.22 David Black (Cooper) fell overboard, hove to with maintop sail to the mast and sent the Barge & 2nd Cutter in search of him … at 10.15 wore to the N hove to and hoisted up the 2nd Cutter, all search proving ineffectual." In White-Jacket , chapter 17, headed, "Away! Second, Third, and Fourth Cutters, Away!" Melville, transforms this brief passage into art, "Do you see him?" shouted

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3648-576: The Quasi-War with France. In 1861, United States was in port at Norfolk when she was seized by the Virginia Navy . She was commissioned into the Confederate navy as CSS United States , but was later scuttled by Confederate forces. The U.S. Navy raised United States after retaking Norfolk, Virginia, but the aged and damaged ship was not returned to service; instead, United States

3762-513: The revenue cutters Pickering , Eagle , Scammel , and Diligence . On 13 January 1799 French batteries at Deshaies , Guadeloupe fired 9 rounds at her, but all missed. On 3 February 1799, United States sighted a French ship and began a five-hour pursuit of the schooner L'Amour de la Patrie . After coming in close to the vessel, United States opened fire; the third shot went completely through L'Amour de la Patrie , sinking her rapidly. Barry sent out his boats to collect survivors of

3876-710: The 12th parted from the squadron for her own patrol. Three days later, after capturing Mandarin , United States parted company and continued to cruise eastward. At dawn, on the 25th, five hundred miles south of the Azores , lookouts on board United States reported seeing a sail 12 miles (19 km) to windward. As the ship rose over the horizon, Captain Decatur made out the familiar lines of HMS Macedonian . Both ships were immediately cleared for action and commenced maneuvers at 0900. Captain Carden elected not to risk crossing

3990-813: The American colors. As Barry was about to open fire on the frigate, she changed to the English flag and identified herself as HMS  Thetis , narrowly avoiding being fired upon. When reaching Boston, Barry learned that Herald and Pickering were not ready to sail and he decided to continue without them. United States and Delaware departed for the West Indies on 26 July In the ensuing two months two French privateers were captured, Sans Pareil on 23 August and Jalouse on 5 September and brought into New Castle, Delaware on 20 September. United States put to sea again on 17 October with orders to cruise along

4104-403: The Boatswain from duty for disrespectful - conduct to the Officer of the Deck,- by replying when ordered by same through – Midn [Midshipman] Key, to call all hands stand by their washed clothes "that he would 'receive no more orders in this Ship", or words to that effect. The following day, 19 August 1843, the log records yet another muster for punishment. "From 8 to meridian, moderate breezes from

4218-590: The Bureau of Construction and Repair decided to break her up and sell the wood. This was delayed until the Bureau ordered on 18 December that the frigate be docked at Norfolk and finally broken up. Lemuel Shaw Lemuel Shaw (January 9, 1781 – March 30, 1861) was an American jurist who served as chief justice of the Massachusetts Supreme Judicial Court (1830–1860). Prior to his appointment he also served for several years in

4332-449: The English ship Cicero . United States recaptured Cicero but the pursuit of Democrat ended when she escaped into shallow water. United States also recaptured Maria , another one of Democrat ' s prizes, and sent both Cicero and Maria into Martinique. Returning to Guadeloupe, Barry made another attempt at a prisoner exchange. However, Governor Edme Étienne Borne Desfourneaux told Barry he held no prisoners because there

4446-662: The French government had deteriorated, starting the Quasi-War . United States ' s nominal rating was that of a 44-gun ship. However, she usually carried over 50 guns. United States was originally armed with a battery of 55 guns: thirty-two 24-pounder (10.9 kg) cannon; twenty-two 42-pounder (19 kg) carronades ; and one 18-pounder (8 kg) long gun . Unlike modern naval vessels, ships of this era had no permanent battery of guns. Guns were portable and often exchanged between ships as situations warranted. Each commanding officer modified his vessel's armaments to his liking, taking into consideration factors such as

4560-743: The Fugitive Slave Act. No single case brought Shaw such criticism or such respect as the Parkman–Webster murder case , i.e. , Commonwealth v. Webster , held in Boston in March 1850. While Shaw was Chief Justice, the Supreme Judicial Court still possessed exclusive jurisdiction over all capital crimes: capital cases were tried by a jury presided over by the Chief Justice attended by his associate justices. At such

4674-754: The Maintop, Seaman John J.Chase (chapter 4. and thumbnail). Melville though is highly critical of others such as the captain of United States and of naval customs in general. Melville observed that Armstrong often appeared on deck intoxicated. From Hawaii, United States (which Melville refers to as USS Neversink ) proceeded to the Marquesas Islands and lost a man overboard en route. From the Marquesas she visited Valparaiso, Chile; Lima and Callao in Peru. United States remained at Callao for 10 weeks and

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4788-774: The Massachusetts House of Representatives and as a state senator. In 1847, Shaw became the father-in-law of author Herman Melville . He ruled on prominent cases involving slavery, segregation, and religion. Shaw was born in West Barnstable, Massachusetts , the second son of the Rev. Oakes Shaw and his second wife Susanna, who was a daughter of John H. Hayward of Braintree . The Shaws were descendants of Abraham Shaw (January 2, 1590 – November 2, 1638), who left Halifax , England in 1636 and settled in Dedham . Oakes Shaw,

4902-577: The Mediterranean until she sailed for home in the spring of 1819 and reached Hampton Roads on 18 May. The frigate was decommissioned on 9 June 1819 and laid up at Norfolk. United States returned to duty in November 1823 under the command of Commodore Isaac Hull . After repairs and preparation she sailed on 5 January 1824, to relieve Commodore Charles Stewart in the Pacific. Accompanying Hull

5016-402: The Mediterranean. On 2 March 1815, at the request of President James Madison , Congress declared war on Algiers. Work preparing two American squadrons promptly began—one at Boston under Commodore William Bainbridge , and one at New York under Commodore Steven Decatur. United States was assigned under Bainbridge but required repairs and refitting from her period in port for the latter part of

5130-491: The N & E and clear, at 9. hoisted in the 3 Cutter, and got the lower booms alongside. Punished Geo Davis, W Stewart and Antonio Guavella "Bandsmen" with 12 lashes each for drunkenness." In "A Flogging" (chapter 33), Melville changed this brutal scene from 19 August 1843 in Honolulu Oahu to sometime later when the frigate was at sea. He also changed the names of the crewmen punished to John, Peter, Mark, and Antone and

5244-690: The New England coast and eastward. However, a severe gale arose the following day and United States was disabled with a sprung bowsprit and slackened rigging. Emergency repairs had to be made. After the storm passed, she made her way back to Delaware, arriving on 9 November. Barry received orders in December which returned United States to the West Indies, taking command of the American squadron there. This squadron, in addition to United States , would by early 1799 include: Constitution , George Washington , Merrimack , Portsmouth , Herald and

5358-629: The United States Supreme Court, the development of the common law in every American state, and were observed favorably in England. At a minimum, he was among the leading early to mid-Nineteenth Century American state court judges, such as Chancellor James Kent (New York), Theophilus Parsons (Massachusetts), John Bannister Gibson (Pennsylvania), Thomas Ruffin (North Carolina), Peter Hitchcock (Ohio), and Francios Xavier Martin (Louisiana), who were building their courts and

5472-430: The United States agreed to peace terms with Algiers. Joshua Humphreys ' design was deep, long on keel and narrow of beam (width) for mounting very heavy guns. The design incorporated a diagonal scantling (rib) scheme to limit hogging while giving the ships extremely heavy planking. This gave the hull greater strength than those of more lightly built frigates. Humphreys developed his design after realizing that

5586-494: The War Department a number of guards which were posted to keep out visitors but to little effect. Construction slowly continued until a peace treaty was announced between the United States and Algiers in March 1796. In accordance with the clause in the Naval Act, construction of United States was discontinued. President Washington requested instructions from Congress on how to proceed. Several proposals circulated before

5700-510: The War of 1812. She was not ready for sea when Bainbridge departed Boston on 3 July. United States finally departed for the Mediterranean two months later under the command of Captain John Shaw ; arriving at Gibraltar on 25 September. Soon after, Shaw learned that Commodore Decatur had already secured a peace treaty with Algiers. Now part of a large gathering of U.S. Navy ships, United States

5814-524: The action at 0920 by firing an inaccurate broadside at Macedonian . This was answered immediately by the British vessel, bringing down a small spar of United States . Decatur's next broadside destroyed Macedonian ' s mizzen top mast, letting her driver gaff fall and so giving the advantage in maneuver to the American frigate. United States next took up position off Macedonian ' s quarter and proceeded to riddle her with shot. By noon, Macedonian

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5928-510: The actual crew and the incidents of the voyage recorded in the ship log are transformed and figure prominently in White-Jacket . As one Melville scholar has stressed, "Melville rarely invents..." and "the ship's records bear him out." Foremost among them is Melville's hero Jack Chase, captain of the maintop, in reality Englishman John J. Chase, age 53, whom Melville introduces in White-Jacket , Chapter 4, Jack Chase, thus, "First and foremost

6042-401: The bows of United States to rake her, but chose instead to haul closer to the wind on a parallel course with the American vessel. For his part, Decatur intended to engage Macedonian from fairly long range, where his 24-pounders (11 kg) would have the advantage over the 18-pounders (8 kg) of the British. The actual battle developed according to Decatur's plan. United States began

6156-702: The charge from drunkenness to fighting. "Antone, the Portuguese" is clearly based on his recollection of Antonio Guavella." USS United States (1797) USS United States was a wooden- hulled , three- masted heavy frigate of the United States Navy and the first of the six original frigates authorized for construction by the Naval Act of 1794 . The name "United States" was among ten names submitted to President George Washington by Secretary of War Timothy Pickering in March of 1795 for

6270-442: The court sitting from nine in the morning until seven in the evening with a lunch break of one and one-half hours. Joel Parker , a professor at Harvard Law School and former Chief Justice of New Hampshire , 1838 to 1848, noted that "the trial, in the course of its progress, was a cause of extreme excitement, extending through the whole length and breadth of the land, and reaching even into foreign countries." On March 30, after

6384-438: The crew was denied shore leave while Commodore Jones was in port with his flagship Constellation . Jones inspected every ship under his command during the 10 weeks expecting formal ceremonies at each inspection. The only break in the crew's boredom came when United States challenged Constellation and the British ship HMS  Vindictive to a race out of the harbor. United States handily defeated both of them. Setting

6498-451: The defense's closing remarks were concluded, after the prosecution's closing remarks lasting nearly five hours and after a brief un-sworn statement by the defendant himself, Chief Justice Shaw delivered a three-hours-long charge to the jury. Frederick Hathaway Chase in his 1918 biography of Shaw wrote: "Probably no charge ever delivered in this country has been followed as a precedent so frequently and so closely as this memorable effort. With

6612-414: The deficiency.... For a time, in perfect silence, we slid up and down the great seething swells of the sea, but saw nothing. "There, it's no use," cried the officer; "he's gone, whoever he is. Pull away, men — pull away! they'll be recalling us soon." "Let him drown!" cried the strokesman; "he's spoiled my watch below for me." "Who the devil is he?" cried another. "He's one who'll never have a coffin!" replied

6726-433: The degree of proof required to show the commission of the homicide. He stated that the corpus delicti was to be proved "beyond a reasonable doubt" only, and then the guilt of the accused "beyond a reasonable doubt" also. He further instructed the jury that the corpus delicti could be established beyond a reasonable doubt by circumstantial evidence alone." The case against Webster was one of the first capital cases to be won by

6840-420: The development of many important industries and, coincidentally, Shaw made law on such matters as water power, railroads, and other public utilities. Some commentators have argued that Shaw had more influence on the development of American law than any other state court judge in the country's history. One hundred years after he came onto the court as Chief Justice, it was observed that his legal opinions influenced

6954-527: The dignity of expression and the clearness of thought and language ... he expounded the law of homicide in terms which have been followed closely in nearly every murder trial from that day to this." In his charge to the jury, sometimes referred to as "the Webster charge", Shaw reviewed and/or refuted portions of the testimony heard and, in turn, defined murder, manslaughter, circumstantial evidence and reasonable doubt. Chase notes that regarding Shaw's review of

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7068-412: The distinction between that and positive or direct evidence; and to give you some idea of the mode in which a judicial investigation is to be pursued by the aid of circumstantial evidence. The distinction, then, between direct and circumstantial evidence, is this. Direct or positive evidence is when a witness can be called to testify to the precise fact which is the subject of the issue in trial; that is, in

7182-428: The evidence presented that "it must be remembered that at the time when this case was tried there was no statute forbidding the court to charge upon the facts. It was within the power of the court at that time, as it is not now, to express an opinion as to the weight of evidence." Shaw's charge to the jury was something less than unanimously well received in 1850. One pamphleteer at the time, identifying himself only as

7296-474: The evidence, leaves the minds of jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge. The burden of proof is upon the prosecutor. Sullivan makes the case in his book that Shaw overstepped his judicial bounds in his charge to the jury. Sullivan cites "Starkie, McNally, and Roscoe, the leading authorities upon the law of criminal evidence in 1850" and notes that they "made it quite clear that

7410-403: The fact of the corpus delicti, or the commission of the homicide, had to be proven by direct evidence to an absolute certainty, or beyond the least doubt. After this had been established absolutely, then the burden of proof was on the prosecution to show that the defendant had committed the crime beyond a reasonable doubt." "In his charge, however," Sullivan notes that "Shaw set a new standard for

7524-594: The flagship of Commodore George C. Read . United States joined the Mediterranean Squadron in 1847 and served in European waters until ordered home late in 1848. She returned to Norfolk on 17 February 1849, was decommissioned on 24 February and placed again in ordinary. United States deteriorated in Norfolk until 20 April 1861 when the navy yard was captured by Confederate troops. Before leaving

7638-502: The fledgling United States could not match the navy sizes of the European states. He therefore designed his frigates to be able to overpower other frigates, but with the speed to escape from a ship of the line . Originally designated as "Frigate A" and subsequently named United States by President George Washington , her keel was laid down in 1795 at Humphreys' shipyard in Philadelphia Pennsylvania. Humphreys

7752-481: The former as "a major source for naval matters" in the latter. The novel takes its title from the outer garment that the eponymous main character fashions for himself on board ship, with materials at hand, being in need of a coat sufficient for the rounding of Cape Horn. Due to a ship-wide rationing of tar, however, White-Jacket is forever denied his wish to tar the exterior of his coat and thus waterproof it. This causes him to have two near-death experiences, once when he

7866-639: The frigate United States." In White-Jacket , Lucas becomes "Guinea" the purser's body servant, the only person aboard except the hospital steward and the invalids who is exempt from being present at muster for punishment. Once in Boston, Robert Lucas was able with the help of sympathetic shipmates to flee the vessel and successfully petition Lemuel Shaw , Chief Justice of the Massachusetts Superior Court, Melville's family friend and future father-in-law, for freedom. This important case Commonwealth vs. Edward Fitzgerald re Robert Lucas, became

7980-517: The frigates that were to be constructed. Joshua Humphreys designed the frigates to be the young Navy's capital ships , and so United States and her sisters were larger and more heavily armed and built than typical frigates of the period. She was built at Humphrey's shipyard in Philadelphia, Pennsylvania and launched on 10 May 1797 and immediately began duties with the newly formed United States Navy protecting American merchant shipping during

8094-503: The future author of Moby-Dick , enlisted as an ordinary seaman on board United States at Honolulu , Hawaii, on 18 August 1843. In White-Jacket , the graphic portrayal of flogging is based on his own direct observation which began his first morning (18 August 1843) aboard. The official log entry simply states, "Commenced with moderate breezes from the Nd & Ed. and clear. Shipped Herman Melville. "O.S". and Griffith Williams "O.S". ... at 9

8208-464: The implication of malice arises in every case of intentional homicide; and, the fact of killing being first proved, all the circumstances of accident, necessity, or infirmity, are to be satisfactorily established by the party charged, unless they arise out of the evidence produced against him to prove the homicide, and the circumstances attending it." While this would appear to be contrary to the principle of "innocent until proven guilty," Shaw's charge to

8322-449: The jury has been interpreted to mean that if the prosecution's evidence proves that a life was taken and does not produce any evidence of extenuating circumstances, the law will imply that malice existed. It then, and only then, becomes the defense's burden to show extenuating circumstances. In 1850, the law required the prosecution to prove the existence of a crime, that is, the corpus delicti. In murder cases this had generally meant that

8436-482: The law in the early history of the United States. In developing the common law, Shaw adapted traditional common law principles in innovative ways to adjudicate disputes arising out of the rapidly changing circumstances and conditions in the world around him, that occurred during his 30-year tenure. Shaw's opinions were not often readily quotable and are instead recognized for solid reasoning. "His words had weight rather than brilliancy or eloquence." His reputation as

8550-402: The legality of slavery. Shaw attempted to split the decision by applying the archaic "sojourner" status to slaves. Further, Shaw rejected the doctrine of interstate comity . In his strict understanding, comity is a vehicle for facilitating trade and amicable interactions between jurisdictions. Therefore, Shaw reasoned that a state or jurisdiction is not required to honor comity if in doing so it

8664-439: The log states "Punished Geo Davis, Wm Stewart and Antonio Guavella "Bandsmen" with 12 lashes each for drunkenness." Melville fictionalized these brutal events (chapters 33–35) by changing the seamen's names slightly and setting the punishment musters at sea. His novel White-Jacket , published in 1850, while fictionalized is based on his experiences on board with many actual members of the crew e.g. his hero Jack Chase Captain of

8778-572: The model for Captain Vere in Billy Budd , Sailor (An Inside Narrative) , due to his unflinching application of the harsh fugitive slave law. On August 29, 1827, Shaw married Hope Savage, daughter of Dr. Samuel Savage of Barnstable; they had two sons. Widely read in English literature , Shaw was also attracted by new mechanical processes and was a member of many learned and charitable societies. He

8892-412: The officer of the watch through his trumpet, hailing the mainmast-head. "Man or buoy , do you see either?" "See nothing, sir," was the reply. "Clear away the cutters!" was the next order. "Bugler! call away the second, third, and fourth cutters' crews. Hands by the tackles!" In less than three minutes the three boats were down. More hands were wanted in one of them, and, among others, I jumped in to make up

9006-446: The officers, Melville's paragon is a lieutenant he calls, "Mad Jack". Melville describes Mad Jack as a model of excellence in chapter 8, in contrast to an ineffectual lieutenant whom Melville refers to as "Selvagee." "Mad Jack is in his saddle on the sea. That is his home ... Mad Jack was a bit of tyrant — they say all good officers are — but the sailors loved him all round; and would much rather stand fifty watches with him, than one with

9120-830: The ones whose enlistments had expired while United States underwent refitting and repairs. She sailed again 1 July with orders to patrol the southern Atlantic coast of the United States. Encountering a storm on the 6th which sprung her bowsprit , she continued on to deliver an artillery company to Fort Moultrie and then put into the Gosport Navy Yard for repairs on the 22nd. Returning to patrols on 13 August, United States experienced an uneventful period and at times sailed in company with George Washington and Insurgent . United States returned to Newport, Rhode Island, in September and Barry waited for further orders. In October those orders were to deliver Oliver Ellsworth and William Davie as envoys to France to negotiate

9234-511: The overall tonnage of cargo, complement of personnel aboard, and planned routes to be sailed. Consequently, a vessel's armament would change often during its career; records of the changes were not generally kept. United States sailed with Delaware to Boston where they were to meet with USS  Herald and Pickering to form a patrol squadron. Shortly afterward Barry sighted a frigate showing French colors. Raising his own French flag, Barry maneuvered closer and when reaching it, hoisted

9348-557: The port, and, seeing the American fleet, at once put to sea. The suspicions of Commodore Jones were immediately aroused, and, having heard that war was about to be declared between the United States and Mexico, the Commodore suspected Dublin intended to run up the coast and take possession of California, a country that England had long had her eye upon. United States got under way, and in company with Cyane Jones hastened north. They captured Monterey on 16 October when Jones demanded

9462-489: The prosecution had to physically produce the corpse of the person alleged to have been murdered. In that only body parts and some teeth had been found, Shaw stated, This case is to be proved, if proved at all, by circumstantial evidence; because it is not suggested that any direct evidence can be given, or that any witness can be called to give direct testimony upon the main fact of the killing. It becomes important, therefore, to state what circumstantial evidence is; to point out

9576-456: The prosecution without absolute evidence that the victim had been murdered. On January 6, 1818, Shaw married Elizabeth Knapp, daughter of Josiah Knapp of Boston. She died in 1822, leaving a son and a daughter, Elizabeth, who became the wife of author Herman Melville . He was the nephew of Shaw's former fiancée. In 1847, the year of his marriage to Elizabeth, Melville dedicated his Polynesian novel, Typee , to Lemuel Shaw. Shaw also may have been

9690-458: The schooner, and they were taken prisoner. United States then set a course for Guadeloupe to arrange a prisoner exchange with the French, but Barry's flag of truce was ignored when shore batteries opened fire on the boat carrying Barry's envoy. Barry returned to United States and ordered his gun crews to bombard the batteries in return. On 26 February, United States pursued the French privateer Democrat , which had recently taken prize of

9804-634: The ship log records 163 floggings, including some on his first and second days (18 and 19 August 1843) aboard the frigate at Honolulu, Oahu. The official log entry for 18 August 1843 simply states: Commenced with moderate breezes from the N & E. and clear. Shipped Herman Melville. "O.S." and Griffith Williams "O.S." ... at 9 a m . mustered the crew at Quarters, Punished Jno Hall, "O.S" with 12 lashes with cats for striking sentry on Post. Geo Clark "OS" with 12 of cats for smuggling liquor, Bo. C. B. Stanly "App" with 12 lashes with Kittens for fighting and W B Ewing "App" with 6. for using provoking language. Suspended

9918-668: The ship. A less desirable visitor, Benjamin Franklin Bache (grandson of Benjamin Franklin ) was physically assaulted by Clement Humphreys (Joshua's son) allegedly over Bache's opposition to the Federalist Party and his opposition newspaper, the Philadelphia Aurora . Fearing sabotage, Humphreys was concerned about the open nature of his ship yard which allowed anyone to wander in. He requested from

10032-723: The squadron returned to pursuing the Jamaican fleet and on 1 July began to follow the trail of coconut shells and orange peels the Jamaicans had left behind them. United States sailed to within one day's journey of the English Channel but never sighted the convoy. Rodgers called off the pursuit on 13 July. During their return trip to Boston, the squadron captured seven merchant ships and recaptured one American vessel. After some refitting, United States , still under Decatur's command, sailed again 8 October with Rodgers but on

10146-547: The squadrons on the Great Lakes Hornet managed to slip through the blockade on 14 November 1814 and escape to sea. Decatur was transferred to the frigate President in the spring of 1814, and he took some of the officers and crew of United States with him to his new command. Soon after the United States declared war against Britain in 1812, Algiers took advantage of the United States' preoccupation with Britain and began intercepting American merchant ships in

10260-475: The time, though, the one thing that journalists and politicians focused on in the novel was its graphic descriptions of flogging and the horrors caused by its arbitrary use; in fact, because Harper & Bros. made sure the book got into the hands of every member of Congress, White-Jacket was instrumental in abolishing flogging in the U.S. Navy forever. Melville scholars also acknowledge the huge number of parallels between White-Jacket and Billy Budd and view

10374-636: The tribal chiefs and missionaries. Hull placed Thomas ap Catesby Jones in command of Peacock and dispatched him to Hawaii to ascertain the behavior of Percival. However, upon Jones' arrival, Percival had already departed. With Hull's tour of duty now expired, United States departed from Callao on 16 December 1826 and arrived at the New York Navy Yard on 24 April 1827. She put into the Philadelphia Navy Yard in 1828 for extensive repairs and remained there until 1830 when she

10488-501: The urging of New Hampshire Senator John P. Hale (whose daughter, Lucy, would later become the fiancée of John Wilkes Booth , the murderer of President Abraham Lincoln ) the United States Congress banned flogging on all U.S. ships in September 1850. He was inspired by Melville's "vivid description of flogging, a brutal staple of 19th century naval discipline" in his "novelized memoir" White-Jacket . The officer whom Melville based his fictional commodore on, Thomas ap Catesby Jones ,

10602-449: The voyage as nurses to care for the wounded if the ship engaged the enemy. They are believed to be the first women to serve aboard a United States warship. On 1 June, the three vessels were driven into New London, Connecticut , by a powerful British squadron which included ships of the line, and United States and Macedonian were kept blocked there until the end of the war. Both ships were disarmed and their crews and weapons despatched to

10716-426: The war and Hull's orders contained the main objective of overseeing and protecting American commerce. United States sailed for Callao, arriving on 4 April. Commodore Stewart, in command of Franklin was relieved by Hull and sailed for home. Under Hull's command, a squadron of US Navy ships consisted of Vincennes , Peacock , and Dolphin . United States remained in the vicinity of Peru and her duty there

10830-456: The yard, Union fire crews failed to burn the vessel along with other abandoned ships, thinking it unnecessary to destroy an older ship. The Confederates, pressed for vessels in any condition, pumped her out and commissioned the frigate CSS United States (though they often called her Confederate States ) on 29 April. On 15 June, she was fitted out as a receiving ship with a deck battery of 19 guns for harbor defense. Despite good performance, she

10944-463: Was "the killing of any person in the peace of the Commonwealth, with malice aforethought, either express or implied by law." Malice, as defined by the Chief Justice, included "not only anger, hatred and revenge, but every other unlawful and unjustifiable motive." Manslaughter was defined by Shaw as "the unlawful killing of another without malice". The distinction, as Leonard Williams Levy notes,

11058-586: Was Edward Fitzgerald, who like many naval officers of the era was a slaveholder. On 18 October 1841 Fitzgerald, requested the consent of the Secretary of the Navy, Abel P. Upshur , to entered his "servant" (slave), Robert Lucas, as a landsman (in reality his personal steward) as a crew member and whose nine dollar per month wages Fitzgerald collected. In reply, Secretary Upshur, on 26 October 1841, wrote, "the department grants your request to take your own servant aboard

11172-564: Was Jack Chase, our noble First Captain of the Top." Melville described Chase, as having fought at the Battle of Navarino and deserted USS  St. Louis to fight for Peruvian independence. The ship log confirms Melville's narrative, Chase returned to the frigate on 29 May 1842 and was pardoned, at the request of the Peruvian ambassador for his services to the government of Peru. Similarly among

11286-563: Was a dismasted hulk and was forced to surrender. She had suffered 104 casualties against 12 in United States , which emerged from the battle relatively unscathed. The two ships lay alongside each other for over two weeks while Macedonian was repaired sufficiently to sail. United States and her prize entered New York Harbor on 4 December amid jubilation over the victory. Captain Decatur and his crew were received with praise from both Congress and President James Madison . Macedonian

11400-405: Was assigned as her constructor and John Barry as its captain and was the first commissioned Captain of the newly established U.S. Navy. As Philadelphia was at the time America's capital, many visitors walked through observing her construction as it progressed. Humphreys personally led President Washington and First Lady Martha on a tour. The President expressed his admiration of the great size of

11514-732: Was at Norfolk, Captain John S. Carden of the Royal Navy , commander of the new British frigate HMS Macedonian , wagered Captain Decatur a beaver hat that his vessel would take United States if the two should ever meet in battle. Ichabod B. Crane , whose name was appropriated for the main character in The Legend of Sleepy Hollow , served under Decatur as a lieutenant in the marine detachment aboard ship. The United States declared war against Britain on 18 June 1812. Three days later Decatur and United States sailed from New York City within

11628-541: Was chosen to remain behind with Constellation , Erie , and Ontario . They were later joined by John Adams , Alert and Hornet . The senior American naval officer in the region, Captain Shaw became commodore and commanded the squadron consisting of Constellation , Java , Erie and Ontario until Commodore Isaac Chauncey arrived 1 July 1816 and took overall command. Nevertheless, United States , despite losing her position as flagship , continued to serve in

11742-540: Was held at the Norfolk Navy Yard until she was broken up in December 1865. During the 1790s American merchant vessels began to fall prey to Barbary pirates in the Mediterranean , most notably from Algiers . Congress's response was the Naval Act of 1794 . The Act provided funds for the construction of six frigates; however, it included a clause stating that construction of the ships would cease if

11856-483: Was his wife and sister-in-law Jeanette Hart. United States made a stop en route to the Pacific at Rio de Janeiro and reached Valparaiso, Chile by 7 March. Commodore Hull found that Chile was now independent and had been acknowledged by Spain, though hostilities still continued with Peru; Callao was held by the Spaniards and blockaded by the Peruvian fleet. The United States' position was one of strict neutrality in

11970-778: Was in the Home Squadron under Captain Lawrence Kearney. United States was repaired at Norfolk in 1841 and was designated the new flagship of the Pacific Squadron of Thomas ap Catesby Jones, now a commodore. On 9 January 1842 she sailed from Norfolk via Cape Horn under Captain James Armstrong. On the night of 6 September 1842, while lying in Callao, the British frigate HMS  Dublin , flagship of Rear Admiral Richard Darton Thomas , appeared off

12084-402: Was mostly uneventful. In the autumn of 1825, Hull placed Lieutenant John Percival in command of Dolphin and tasked him with searching for mutineers from the American whaling ship Globe . Percival found only two of the mutineers but discovered an uncharted island that he named "Hull's Island"; now known as Îles Maria . Percival continued on to Hawaii and reportedly caused discontent with

12198-499: Was never a communicant. Fond of entertaining and dining out, he was simple and affectionate in his home life, his interest in the social events of his household extending to the minutest details. Shaw was prepared for his judicial career by numerous public positions. He was elected a member of the Massachusetts House of Representatives , serving in 1811–14, 1820 and 1829, and as a state senator in 1821–22. He served as

12312-487: Was no war with the United States. Though skeptical, Barry released his prisoners. On 26 March, United States took the French privateer La Tartueffe and its prize, the American ship Vermont southeast of Antigua . Also recorded is the capture of Le Bonaparte sometime in 1799. In April, Barry turned over command of the squadron to Thomas Truxtun . United States sailed for home and arrived at New Castle, Delaware, on 9 May. Barry recruited new crew members to replace

12426-643: Was ordered sunk in the Elizabeth River, Virginia , to form an obstruction to Union vessels when the Confederates abandoned the navy yard in May 1862. Shortly after the destruction of ironclad ram Virginia on 11 May 1862 and the surrender of the Norfolk Navy Yard to Union troops, United States was raised and towed to the yard by federal authorities. She remained there until March 1864, when

12540-542: Was placed in reserve at the New York Navy Yard. The frigate remained at New York through 1832 and was thoroughly modernized. On 3 July 1832, she sailed under Capt. J. B. Nicholson to join Commodore Patterson's squadron in the Mediterranean, returning to New York 11 December 1834. From 1836 to 1838, under Capt. J. Wilkinson, the United States was again in the Mediterranean, and from 1839 to 1840 she

12654-528: Was ratified on 3 February 1801 and United States returned home in April. An act of Congress, passed on 3 March 1801 and signed by President John Adams , retained thirteen frigates. Seven of those frigates, including United States , were to be placed in a reserve fleet . Ordered to the Washington Navy Yard , United States was decommissioned there along with Congress and New York . In

12768-535: Was sometimes betrayed into a glass too many. But with Cape Horn before him, he took the Temperance Pledge outright, till that perilous promontory should be far astern." The log for 15 August and 6 September 1842 confirms that Lt. Lantham B. Avery was court-martialed and reprimanded for leaving the deck while he was drunk. Another actual crew member is "the Purser, who was a southern gentleman...." The purser

12882-544: Was subsequently purchased by the United States Navy, repaired, and placed in service. After repairs, United States —accompanied by USS Macedonian and the sloop Hornet —sailed from New York on 24 May 1813. A noteworthy event of this mission is documentation of two women among the crew of United States . Seaman Marshall and veteran British seaman William Goodman (enlisting as John Allen to protect himself from British retaliation) were encouraged by Commodore Decatur to bring their wives, Mary Marshall and Mary (Humphries) Allen, on

12996-423: Was to be accomplished or what feeling of interest or resentment was to be gratified by such an extraordinary judicial usurpation as this we do not pretend even to conjecture; but we do not hesitate to declare that to find a parallel for such an unscrupulous prostitution of dignity, such an unblushing betrayal of the judicial office, we must go back to the days of Jeffreys. The definition of murder as stated by Shaw

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