CHAPTER V.
PASSENGERS.
Provisions. Treatment. Passage-money. Deportment. Services.
In Chapter I. of the Third Part, under the title "Provisions," it will be seen that the vessel must have on board, well secured under deck, at least sixty gallons of water, one hundred pounds of salted beef, one hundred pounds of wholesome ship bread, and one gallon of vinegar for each passenger, on a voyage across the Atlantic, and in like proportion for shorter or longer voyages. This, too, must be in addition to the private stores of the master or passengers.[105]
The master is also forbidden to take on board more than two passengers for every five tons.[106]
The contract of passengers with the master is not for mere ship-room and personal existence on board, but for reasonable food, comforts, necessaries, and kindness. In respect to females it extends yet farther, and includes an implied stipulation against obscenity, immodesty, and a wanton disregard of the feelings. A course of conduct oppressive and malicious in these respects will be punished by the court, as well as a personal assault.[107]
No passage-money is due to a ship upon an engagement to transport a passenger, before the arrival of the vessel at the port of destination. Where the passenger has paid in advance, he can reclaim his money if the voyage is not performed. If a voyage is partially performed, no passage-money is due, unless the expenses of the passenger, or the means of proceeding to the place of destination, are paid or tendered to him; in which case, passage-money in proportion to the progress in the voyage is payable.[108]
A passenger must submit to the reasonable rules and usages of the ship. He has no right to interfere with its discipline and internal regulations. Indeed, in a case of necessity, and for the order and safety of the ship, the master may restrain a passenger by force; but the cause must be urgent, and the manner reasonable and moderate.
In case of danger and distress, it is the duty as well as the interest of the passenger to contribute his aid, according to his ability, and he is entitled to no compensation therefor. He is not, however, bound to remain on board in time of danger, but may leave the vessel if he can; much less is he required to take upon himself any responsibility as to the conduct of the ship. If, therefore, he performs any extraordinary services, he becomes entitled to salvage.[109]
CHAPTER VI.
MATES AND SUBORDINATES.
Mates included in the 'crew.' Removal. Succession. Log-book Wages. Sickness. Punishment. Subordinates. Pilots.
In all the statutes which entitle the 'crew,' or the 'seamen,' of a vessel to certain privileges as against the master or owner, these words, 'crew' and 'seamen,' are construed to include the mates; as, for instance, the statute requiring a certain amount of provisions to be on board; the statute requiring a medicine-chest, and that which punishes the master for illegal and cruel treatment of any of the crew. In all these cases the mates are entitled to the same privileges and protection with the seamen.[110]
Thechief mateis usually put on board by the owner, and is a person who is looked to for extraordinary services and responsibility. Accordingly, he cannot be removed by the master, unless for repeated and aggravated misconduct, or for palpable incapacity.[111]He acts in the stead of the master in case the latter dies, and whenever he is absent.[112]He is then entrusted with the care of the ship, and the government of the crew. If he is appointed to act as mate by the master during the voyage, he holds his office at the master's pleasure;[113]but if he originally shipped in that capacity, he cannot be removed without proof of gross and flagrant misconduct, or of evident unfitness. Nor will one or two single instances of intemperance, disobedience or negligence, be sufficient; the misconduct must be repeated, and the habit apparently incorrigible.[114]
The second mate and other inferior officers do not stand upon so firm a footing as the chief mate; yet they cannot be removed by the master, unless for gross and repeated acts of disobedience, intemperance, dishonesty or negligence, or for palpable incapacity.
In case of the death or absence of the master, the chief mate becomes master by operation of law, but the second mate does not necessarily become chief mate. It lies with the new master to appoint whom he pleases to act as chief mate; though, in most cases, it should be the second mate, unless good reason exists for the contrary course. The second mate cannot, however, be degraded by the new master for any other cause than would have justified the former in so doing.
Log-book.—It is the duty of the chief mate to keep the log-book of the ship. This should be neatly and carefully kept, and all interlineations and erasures should be avoided, as they always raise suspicion. The entries should be made as soon as possible after each event takes place, and nothing should be entered which the mate would not be willing to adhere to in a court of justice. (See page 145.)
In Chapter III. of the Third Part, under the title, "Master's relation to Officers," page 188, will be found a discussion of the question, whether the master can compel an officer to do duty before the mast.
In Chapters VIII., X., XI. and XII. of Part III., under the titles, "Revolt," "Forfeiture," "Desertion," &c., will be found the laws upon those subjects relating to seamen. And it may be generally remarked, that all those laws apply as well to the officers as to the foremast men. An officer forfeits his wages by desertion, and is criminally liable for mutiny, revolt, &c., like a common seaman. As to the questions what constitutes a revolt, mutiny, &c., and when absence or leaving a vessel is excusable, and when it works a forfeiture, and as to when wages are due, I would refer the reader to those titles in Chapters VIII., X., XI. and XII. of Part III., above referred to.
Wages.—Officers may sue in admiralty for their wages, and may arrest the ship, into whoseever hands it may have passed;[115]which is not the case with the master, who is supposed to look solely to the personal responsibility of the owners.
Sickness.—The right of an officer to be cured at the ship's expense is the same as that of a seaman.[116]The law upon that subject will be found in Chapter IX., title "Sickness," page 207.
Punishment.—The laws of the United States provide that if any master or officer shall unjustifiably beat, wound, or imprison any of the crew, or withhold from them suitable food and nourishment, or inflict upon them any cruel and unusual punishment, he shall be imprisoned not exceeding five years, and fined not exceeding $1000 for each offence.[117]The officers, as part of the 'crew,' are entitled to the protection of this statute, against the master's acts; and, on the other hand, they are liable under it for any abuse of a seaman.[118]
The law as to the officer's right to punish a seaman has been clearly settled, and is very simple. The sole authority to punish, for correction and discipline, resides with the master.[119]An officer has no right to use force with a seaman, either by chastising or confining him, except in a single class of cases; that is, upon an emergency which admits of no delay, and where the use of force is necessary for the safety of life and property. If a seaman is about to do an act which may endanger life or property, and instant action is required, the officer may confine him, or use force necessary to prevent him. So, if the immediate execution of an order is important, and a seaman, by obstinacy or wilful negligence, prevents or impedes the act, the officer may use force necessary to secure the performance of the duty. In these cases there must be a pressing necessity which will not admit of delay; for if delay is practicable, the officer must report to the master, and leave the duty of correction with him. A mate can in no case punish a seaman for the general purposes of correction and discipline, and still less for personal disrespect to himself.[120]If the master is not on board, and cannot be called upon, the authority of the officer is somewhat enlarged; but, even in this case, so far as a delay is practicable, he must leave the seaman to be dealt with by the master when he returns. Except in the cases and in the manner before mentioned, the officer is liable as a trespasser for any force used with a seaman.
If the officer acts under the authority, express or implied, of the master, he will not be held liable, even though the punishment should be excessive and unjustifiable; for he is, in such cases, only the agent of the master, who is responsible for the act.[121]Yet, if the punishment be so excessive as to show malice or wantonness on the part of the officer, or there be anything in his conduct to imply the same, he will be liable in some measure himself.
Subordinates.—There are a number of men, usually, in merchant vessels, who are not in any respect officers, but who differ from the common seamen in that they ship in particular capacities, and to perform certain duties. These are the carpenter, steward, cook, &c. Such persons are not to be degraded for slight causes, though the master unquestionably has the power to do so, upon sufficient grounds.[122]He may also require them to do duty, if necessary, before the mast. He may require them to take the place of persons who have been obliged to do their work,[123]but he cannot exact from them the duty of able seamen, unless they are such in fact. Repeated acts of disobedience, intemperance, and gross negligence, and evident incapacity for the duties undertaken, are justifying causes of removal.[124]In all other respects this class of persons stands upon the same footing with common seamen. They have the same privileges, and are under the same obligations and penalties.[125]
Pilots.—When a pilot, who is regularly appointed, is on board, he has the absolute control of the navigation of the vessel.[126]He is master for the time being, and is alone answerable for any damage occasioned by his own negligence or default.[127]
A pilot may sue in admiralty for his wages.[128]
A pilot cannot claimsalvagefor any acts done within the limits of his duty, however useful and meritorious they may have been.[129]If towing is necessary, pilots are bound to perform it, having a claim for compensation for damages done to their boats, or for extra labor.[130]If extraordinary pilot service is performed, additional pilotage is the proper reward, and not salvage.[131]If, however, the acts done by the pilot are clearly without and beyond his duty as pilot, he may claim salvage.[132]
CHAPTER VII.
SEAMEN. SHIPPING CONTRACT.
Shipping contract—how formed—how signed. Erasures and interlineations. Unusual stipulations.
By the law of the United States, in all foreign voyages, and in all coasting voyages to other than an adjoining state, there must be an agreement in writing, or in print, with every seaman on board the ship, (excepting only apprentices and servants of the master or owner,) declaring the voyage, and term or terms of time, for which such seaman is hired.[133]This contract is called theshipping-articles, and all the crew, including the master and officers, usually sign the same paper; it not being requisite that there should be a separate paper for each man. If there is not such a contract signed, each seaman could, by the old law, recover the highest rate of wages that had been given on similar voyages, at the port where he shipped, within three months next before the time of shipment.[134]By the law of 1840, he may, in such case, leave the vessel at any time, and demand the highest rate of wages given to any seaman during the voyage, or the rate agreed upon at the time of his shipment.[135]A seaman not signing the articles, is not bound by any of the regulations, nor subject to the penalties of the statutes;[136]but he is, notwithstanding, bound by the rules and liable to the forfeitures imposed by the general maritime law.[137]
These shipping-articles are legal evidence, and bind all parties whose names are annexed to them, both as to wages, the nature and length of the voyage, and the duties to be performed.[138]Accordingly, seamen have certain rights secured to them with reference to these papers. In the first place, the master must obtain a copy of the articles, certified to by the collector of the port from which the vessel sails, to take with him upon the voyage. This must be a fair and true copy, without erasures or interlineations. If there are any such erasures or interlineations, they will be presumed to be fraudulent, and will be set aside, unless they are satisfactorily explained in a manner consistent with innocent purposes, and with the provisions of laws which guard the rights of mariners. These articles must be produced by the master before any consul or commercial agent to whom a seaman may have submitted a complaint.[139]
Every unusual clause introduced into the shipping-articles, or anything which tends to deprive a seaman of what he would be entitled to by the general law, will be suspiciously regarded by the courts; and if there is reason to suppose that any advantage has been taken of him, or if the contract bears unequally upon him, it will be set aside. In order to sustain such a clause, the master or owner must show two things: first, that the seaman's attention was directed toward it, and its operation and effect explained to him; and, secondly, that he received some additional compensation or privilege in consideration of the clause. Unless the court is satisfied upon these two points, an unusual stipulation unfavorable to a seaman will be set aside.[140]For instance, seamen are entitled to have a medicine-chest on board, and in certain cases to be cured at the ship's expense; and the court set aside a clause in the shipping-articles in which it was stipulated that the seamen should bear all the expense, even though there were no medicine-chest on board.[141]Another clause was set aside, in which the voyage was described as from Baltimore to St. Domingo andelsewhere, on the ground that seamen are entitled to have their voyage accurately described.[142]
Some clauses which are not such as to be set aside, will yet be construed in favor of seamen, if their interpretation is at all doubtful.[143]A clause providing that no wages should be paid if the vessel should be taken or lost, or detained more than thirty days, was set aside, seamen being entitled to wages up to the last port of delivery.[144]If the amount of wages merely be omitted in the articles, there seems to be some doubt as to the introduction of other evidence to show the rate agreed upon, and as to the seaman's being entitled by statute to the highest rate of wages current.[145]If a seaman ships for a general coasting and trading voyage to different ports in the United States, and the articles provide for no time or place at which the voyage shall end, the seaman may leave at any time, provided he does not do so under circumstances peculiarly inconvenient to the other party.[146]
If, however, the voyage is accurately described, and the wages specified, the seaman cannot be admitted to show that his contract was different from that contained in the articles.[147]
It is no violation of the contract if the vessel departs from the voyage described, by accident, necessity, or superior force.[148]
CHAPTER VIII.
SEAMEN—CONTINUED.
Rendering on board. Refusal to proceed. Desertion or absence during the voyage. Discharge.
Rendering on board.—If, after having signed the articles, and after a time has been appointed for the seaman to render himself on board, he neglects to appear, and an entry to that effect is made in the log-book, he forfeits one day's pay for every hour of absence; and if the ship is obliged to proceed without him, he forfeits a sum equal to double his advance.[149]These forfeitures apply to the commencement of the voyage, and cannot be exacted unless a memorandum is made on the articles, and an entry in full in the log-book. A justice of the peace may, upon complaint of the master, issue a warrant to apprehend a deserting seaman, and commit him to jail until the vessel is ready to proceed upon her voyage. The master must, however, first show that the contract has been signed, and that the seaman departed without leave, and in violation of it.[150]
Refusal to proceed.—If, after the voyage has begun, and before the vessel has left the land, the first officer and a majority of the crew shall agree that the vessel is unfit to proceed on the voyage, either from fault or deficiency in hull, spars, rigging, outfits, provisions, or crew, they may require the master to make the nearest or most convenient port, and have the matter inquired into by the district judge, or two justices of the peace, taking two or more of the complainants before the judge. Thereupon the judge orders a survey, and decides whether the vessel is to proceed, or stop and be repaired and supplied; and both master and crew are bound by this decision. If the seamen and mate shall have made this complaint without reason, and from improper motives, they are liable to be charged with the expenses attending it.[151]
If, when the vessel is in a foreign port, the first or any other officer and a majority of the crew shall make complaint, in writing, to the consul, that the ship is unfit to proceed to sea, for any of the above reasons, the consul shall order an examination, in the same manner; and the decision of the consul shall bind all parties. If the consul shall decide that the vessel was sent to sea in an unsuitable condition, by neglect or design, the crew shall be entitled to their discharge and three months' additional pay; but not if it was done by accident or innocent mistake.[152]
It is no justification for refusing to do duty and proceed upon the voyage, that a new master has been substituted in place of the one under whom the seaman originally shipped;[153]and if a blank is left for the name of the master, the seaman is supposed to ship under any who may be appointed.[154]The same rule applies to the substitution or appointment of any other officer of the ship during the voyage.
Desertion or Absence during the Voyage.—If, during the voyage, the seaman absents himself without leave, for less than forty-eight hours, and an entry thereof is made in full in the log-book, he forfeits three days' pay for each day's absence. But if the absence exceeds forty-eight hours, he forfeits all his wages then due, and all his goods and chattels on board the vessel at the time, and is liable to the owner in damages for the expense of hiring another seaman.[155]If he deserts within the limits of the United States, he is liable to be arrested and committed to jail, until the vessel sails.[156]If he deserts or absents himself in a foreign port, the consul is empowered to make use of the authorities of the place to reclaim him. If, however, the consul is satisfied that the desertion was caused by unusual or cruel treatment, the seaman may be discharged, and shall receive three months' additional wages.[157]It is not a desertion for a seaman to leave his vessel for the purpose of procuring necessary food, which has been refused on board; nor is a seaman liable if the conduct of the master has been such as to make it dangerous for him to remain on board,[158]or if the shipping-articles have been fraudulently altered.[159]Even in a clear case of desertion, if the party repents, and seeks to return to his duty within a reasonable time, he is entitled to be received on board again, unless his previous conduct had been such as would justify his discharge.[160]
As to the effect of desertion upon wages, and what is desertion in such cases, see the subject, "Wages affected by Desertion," Chapter XI.
Discharge.—By referring to Chapter IV., "Master's Relation to Crew," the seaman will find that, though the master has power to discharge a seaman for gross and repeated misconduct, yet that this right is closely watched, and any abuse of it is severely punished. He will also find there a statement of his own rights and privileges, with reference to a discharge. It has been seen that he may demand his discharge of the consul, if the vessel is not fit to proceed, and is not repaired, or if he has been cruelly and unjustifiably treated.[161]
If a vessel has been so much injured that it is doubtful whether she can be repaired, or the repairs cannot be made for a long time, during which it would be a great expense to the owners to support the seamen in a foreign country, it is held that the crew may be discharged, upon the owners' paying their passage home, and their wages up to the time of their arrival at the place of shipment.[162]
As to discharge at the end of the voyage, see "Wages affected by Desertion," Chapter XI.
CHAPTER IX.
SEAMEN—CONTINUED.
Provisions. Sickness. Medicine-chest. Hospital money. Relief in foreign ports. Protection.
Provisions.—For the benefit of seamen it has been enacted that every vessel bound on a voyage across the Atlantic, shall have on board, well secured under deck, at least sixty gallons of water, one hundred pounds of wholesome ship bread, and one hundred pounds of salted flesh meat, over and above the stores of master or passengers, and the live stock. And if the crew of any vessel not so provided shall be put upon short allowance of water, flesh, or bread, such seaman shall recover from the master double wages for every day he was so allowanced.[163]The same rule applies to other voyages than those across the Atlantic, and the amount of provisions stowed below must be in proportion to the length of the voyage, compared with one across the Atlantic.[164]It also applies to seamen shipped in foreign ports, as well as to those shipped in the United States.[165]It has been thought that if the articles enumerated cannot be procured, the master may substitute other wholesome provisions; but it is doubtful whether even this will free him from the penalty; at least it will not unless he can show that it was impossible to procure them at the last port of departure.[166]
Besides this special enactment, a seaman may always recover damages of a master who unnecessarily and wantonly deprives him of sufficient food and nourishment.[167]If, however, the short allowance is caused by inevitable accident, without any fault of the master or owner, or is a matter of fair discretion in a case of common danger, the master is not liable. Another law of the United States provides that if any master or other officer shall wilfully and without justifiable cause withhold suitable food and nourishment from a seaman, he shall be fined not exceeding $1000 and imprisoned not exceeding five years.[168]The master may at any time, at his discretion, put the crew upon an allowance of water and eatables; but if it is a short allowance, he must be able to give a justifying reason.
Sickness. Medicine-chest.—Every vessel of one hundred and fifty tons or upwards, navigated by ten or more persons in all, and bound on a voyage beyond the United States, and every vessel of seventy-five tons or upwards, navigated by six or more persons in the whole, and bound from the United States to any port in the West Indies, is required to have a chest of medicines, put up by an apothecary of known reputation, and accompanied by directions for administering the same. The chest must also be examined at least once a year, and supplied with fresh medicines.[169]
In case of dispute, the owner must prove the sufficiency of the medicine-chest. It does not lie with the seaman to prove its insufficiency.[170]
If a vessel has a suitable medicine-chest on board, it would seem that the ship is not to be charged with the medicines and medical advice which a seaman may need. But the ship is still liable for the expenses of his nursing, care, diet, and lodging.[171]Accordingly, if a seaman is put on shore at a hospital or elsewhere, for his cure, the ship is chargeable with so much of the expense as is incurred for nursing, care, diet, and lodging; and unless the owner can specify the items of the charge, and show how much was for medical advice, and how much for other expenses, he must pay the whole.[172]The seaman is to be cured at the expense of the ship, of a sickness or injury sustained in the ship's service;[173]but if he contracts a disease by his own fault or vices, the ship is not chargeable.[174]A sick seaman is entitled to proper nursing, lodging, and diet. If these cannot be had, or are not furnished on board the vessel, he is entitled to be taken on shore to a hospital, or to some place where these can be obtained. It is often attempted to be shown that the seaman was put on shore at his own request. This is no defence. He is entitled to be put on shore if his disease requires it; and it is seldom that proper care can be taken of a seaman on board ship.[175]
If a seaman requires further medicines and medical advice than the chest and directions can give, and is not sent ashore, it would seem that the ship ought to bear the expense; but this point has never been decided.[176]If the medicine-chest can furnish all he needs, the ship is exempted.[177]
Hospital Money.—Every seaman must pay twenty cents a month, out of his wages, for hospital money. This goes to the establishment and support of hospitals for sick and disabled seamen.[178]
Relief in Foreign Ports.—If a vessel is sold in a foreign port and her crew discharged, or if a seaman is discharged with his own consent, he can receive two months' extra wages of the consul, who must obtain it of the master.[179]This applies only to the voluntary sale of the vessel, and not when the sale is rendered necessary by shipwreck. If, however, after the disaster the vessel might have been repaired at a reasonable expense and in a reasonable time, but the owner chooses to sell, the two months' pay is due. To escape the payment, the owner must show that he was obliged to sell.[180]
It is also the duty of the consuls to provide subsistence and a passage to the United States for any American seamen found destitute within their districts. The seamen must, if able, do duty on board the vessel in which they are sent home, according to their several abilities.[181]
The crew of every vessel shall have the fullest liberty to lay their complaints before the consul or commercial agent in any foreign port, and shall in no respect be restrained or hindered therein by the master or any officer, unless sufficient and valid objection exist against their landing. In which case, if any seaman desire to see the consul, the master must inform the consul of it forthwith; stating, in writing, the reason why the seaman is not permitted to land, and that the consul is desired to come on board. Whereupon the consul must proceed on board and inquire into the causes of complaint.[182]
Protection.—Every American seaman, upon applying to the collector of the port from which he departs, and producing proof of his citizenship, is entitled to a letter of protection. The collector may charge for this twenty-five cents.[183]
CHAPTER X.
SEAMEN—CONTINUED.
Punishment. Revolt and mutiny. Embezzlement. Piracy.
Punishment.—As to the right of the master to punish a seaman by corporal chastisement, imprisonment on shore, confinement on board, &c., and the extent of that right, and the master's liability for exceeding it,—the seaman is referred to Chapter IV., "The Master's relation to the Crew," title, "Imprisonment" and "Punishment." He will there see that the master possesses this right to a limited extent, and that he is strictly answerable for the abuse of it. Disobedience of orders, combinations to refuse duty, dishonest conduct, personal insolence, and habitual negligence and backwardness, are all causes which justify punishment in a greater or less degree.
The contract which a seaman makes with the master, is not like that of a man who engages in any service on shore. It is somewhat military in its nature.[184]The master has great responsibilities resting upon him, and is entitled to instant and implicit obedience. To ensure this, regular and somewhat strict discipline must be preserved. The master, also, cannot obtain assistance when at sea, as any one can who is in authority upon land. He must depend upon the habits of faithful and respectful discharge of duty which his crew have acquired, and if this fails, he may resort to force. He is answerable for the safety of the ship, and for the safe keeping and delivery of valuable cargoes, and in almost all cases he is the first person to whom the owner of the vessel and cargo will look for indemnity. Considering this, the seamen will feel that it is not unreasonable that the master should have power to protect himself and all for whom he acts, even by force if necessary.[185]A good seaman, who is able and willing to do his duty faithfully and at all times, and treats his officers respectfully, will seldom be abused; and if he is, the master is liable to him personally in damages, and is also subject to be indicted by the government and tried as a criminal. A seaman should be warned against taking the law into his own hands. If the treatment he receives is unjustifiable, he should still submit to it, if possible, until the voyage is up, or until he arrives at some port where he can make complaint. If he is conscious that he is not to blame, and an assault is made upon him unjustifiably and with dangerous severity, he may defend himself; but he should not attempt to punish the offender, or to inflict anything in the way of retaliation.[186]
In Chapter VI., title, "Mates," the reader will see how far any inferior officer of a vessel may use force with a seaman.
Revolt and Mutiny.—If any one or more of the crew of an American vessel shall by fraud or force, or by threats or intimidations, take the command of the vessel from the master or other commanding officer, or resist or prevent him in the free and lawful exercise of his authority, or transfer the command to any other person not lawfully entitled to it; every person so offending, and his aiders and abbettors, shall be deemed guilty of a revolt or mutiny and felony; and shall be punished by fine not exceeding $2000, and by imprisonment and confinement to hard labor not exceeding ten years, according to the nature and aggravation of the offence.[187]And if any seaman shall endeavor to commit a revolt or mutiny, or shall combine with others on board to make a revolt or mutiny, or shall solicit or incite any of the crew to disobey or resist the lawful orders of the master or other officer, or to refuse or neglect their proper duty on board, or shall assemble with others in a riotous or mutinous manner, or shall unlawfully confine the master or other commanding officer,—every person committing any one or more of these offences shall be imprisoned not exceeding five years, or fined not exceeding $1000, or both, according to the nature and aggravation of the offence.[188]
It will be seen that the first of these laws applies only to cases where seamen actually throw off all authority, deprive the master of his command, and assume the control themselves, which is to make a revolt. The last is designed to punish endeavors and combinations to make a revolt, which are not fully carried out.
Every little instance of disobedience, or insolent conduct, or even force used against the master or other officer, will not be held a revolt or an endeavor to make a revolt. There must be something showing an intention to subvert the lawful authority of the master.[189]It does not excuse seamen, however, from this offence, that they confined their refusal to one particular portion of their duty. If that duty was lawfully required of them, it is equally a subversion of authority as if they had refused all duty.[190]
If the crew interfere by force or threats to prevent the infliction of punishment for a gross offence, it is an endeavor to commit a revolt.[191]
To constitute the offence of confining the master, it is not necessary that he should be forcibly secured in any particular place, or even that his body should be seized and held; any act which deprives him of his personal liberty in going about the ship, or prevents his doing his duty freely, (if done with that intention,[192]) is a confinement.[193]So is a threat of immediate bodily injury, if made in such a manner as would reasonably intimidate a man of ordinary firmness.[194]
In all these cases of revolt, mutiny, endeavors to commit the same, and confinement of the master, it is to be remembered that the acts are excusable if done from a sufficient justifying cause. The master may so conduct himself as to justify the officers and crew in placing restraints upon him, to prevent his committing acts which might endanger the lives of all the persons on board. But an excuse of this kind is received with great caution, and the crew should be well assured of the necessity of such a step, before taking it, since they run a great risk in so interfering.[195]
Embezzlement.—If any of the crew steal, or appropriate, or by gross negligence suffer to be stolen, any part of the cargo, or anything belonging to the ship, they are responsible for the value of everything stolen or appropriated.
It is necessary that the fraud, connivance, or negligence of a seaman should be proved against him, before he can be charged with anything lost or stolen; and in no case is an innocent man bound to contribute towards a loss occasioned by the misconduct of another. If, however, it is clearly proved that the whole crew were concerned, but one offender is not known more than another, and the circumstances are such as to affect all the crew, each man is to contribute to the loss, unless he clears himself from the suspicion.[196]
Piracy.—If the master or crew of a vessel shall, upon the high seas, seize upon or rob the master or crew of another vessel; or if they shall run away with the vessel committed to their charge, or any goods to the amount of $50; or voluntarily yield them up to pirates; or if the crew shall prevent the master by violence from fighting in the defence of vessel or property; such conduct is piracy, and punishable with death.[197]
It is also piracy, and punishable with death, to be engaged in any foreign country in kidnapping any negro or mulatto, or in decoying or receiving them on board a vessel with the intention of making them slaves.[198]