The seaman, on his side, by the act of signing the “Shipping Articles,” contracts to do all in his power for the welfare of the ship; engages that he has competent knowledge for the performance of the duties of the station for which he contracts; to be on board at the precise time which, by American law, constitutes a part of the articles; and to remain in the service of the ship till the voyage has been completed. If he does not so report himself on board the vessel, he may be apprehended and committed to the custody of the law till the ship is ready to sail. He contracts also to obey all the lawful commands of the master; to preserve order and discipline aboard, and to submit, as a child to its parent, for the purpose of securing such order and discipline during the voyage.[12]
the owners;
As in England, the owners have the right of removing a master, who is part owner of a vessel; but, if he is removed without good cause, and while at the same time specially engaged, they are liable to him for damages. Where, however, he has only a general engagement with a vessel, his relation to the owners is scarcely more than a mere agency, revocable at any time. On the other hand, the master cannot leave the ship in which he has contracted to sail without being himself answerable to the owners.
The authority of a master over his ship is in all essential particulars the same as that prescribed by British law. With regard to letting the ship, the same principles prevail on both sides of the Atlantic.[13]
In general the owners are responsible for injuries committed by the master in that capacity, as in cases of collision, discharges of mariners, damages to cargo from want of ordinary care, and embezzlement. The master is answerable for all contracts made by him in connexion with the navigation of a ship, as also for all damages arising from his want of skill or care, and for repairs and supplies, except when furnished on the exclusive credit of the owner.
and the masters or consignees.
If the master of a ship is at the same time commander and consignee, he stands in the twofold relation of agent of the owner and consignor, and is invested with appropriate duties in both capacities. Inasmuch as the master and owner are in the eyes of the American law common carriers, it is the master’s duty to see that his vessel is seaworthy and provided with a proper crew, to take a pilot, where required by custom or law, to stow the goods properly, to set sail in fair weather, to transport the cargo with care, and to provide against all but inevitable mishaps. In other respects, American and English laws are almost identical; the admirable decisions of Judge Story, Chancellor Kent, and Chief Justice Marshall having, however, made some refined distinctions.
Conditions of wages,
and remedies for their non-payment; and the other securities for seamen.
As it was considered the duty of sailors to remain by their vessel till the cargo was discharged, they had no claim to their wages till then, but, if these were not paid within ten days after such discharge, they had a right to an admiralty process against the vessel. Only one-third of the wages earned can be demanded by the mariner at any port of delivery during the voyage. There may be on this subject a special stipulation; but, if the ship be lost or captured, wages earned up to the last port of delivery may be recovered by the mariner, on his return home, to the place to which the vessel has carried freight; freight being by the laws of all nations “the Mother of Wages:” inasmuch, however, as they depend upon the vessel’s safety and the earning of the freight, they cannot be insured. In all cases of capture, the seamen lose their wages, unless the ship is restored. In cases of rescue, recapture, and ransom, the wages of mariners are subject to a general average, but in no other case are they liable to contribute. In cases of shipwreck the rule prevails, as elsewhere, that, if parts of the ship be saved by the exertions of the seamen, they hold a lien on those parts for some kind of compensation, but this is viewed somewhat in the light of salvage. When a seaman dies on board ship, wages are usually allowed up to the time of his decease, if the cause of death occurred during the term of his engagement, and otherwise than by his own fault. In the whale-fishery, the representatives of a deceased mariner are entitled to that share of the profits which the term of his service bore to the whole voyage, according to his contract. If a voyage is broken up by the fault of the master or owner, full compensation must be given to the seaman; so also, in cases of wrongful discharge, the seaman usually recovers full indemnification in American Courts of law. Indeed they have more effectual remedies for the recovery of their wages than the seamen of most other countries, from the fact that Americans have followed the ancient laws already quoted: moreover, they have their remedy against the master, and can recover their wages from him personally, or from the owner or owners of the vessel, or from the person who appointed the master and gave him his authority.