BY TORTIOUSLY REMOVING MATES.

307

which he is devoted, it often happens that those who have not practically or manually acquired their knowledge of all the duties of mariners, are among the most intelligent and trustworthy masters and officers of ships.

"Other qualifications than those of mere seamanship are required in those who act as officers of ships; and the court has had too frequent opportunities of perceiving, that many of those who are capable before the mast, are miserably incompetent on the quarter deck.

'

Qualities not commonly discovered by mere seamen, are here indispensably called forth."

In Atkyns v. Burrows (ibid. 244), a chief mate was dismissed from his rank. That a captain had a legal right to displace a mate for just cause, Judge Peters found to be a doctrine conceded, when he first came into his court.

It is established by the maritime laws, and so ought to be, that the captain must be supreme in the ship. His lawful orders must be obeyed.

But, when a contract is in question, the law, by its proper courts, will see that it is not vacated for any other than legal, reasonable, and necessary causes. The courts will control and examine the powers and conduct of the master.

The master is empowered to give all lawful and proper commands for the government, preservation and navigation of the ship; but he has not the authority to nullify a contract, at his will and pleasure, or for light and trifling causes.

The mate is a respectable officer of the ship; generally chosen with the consent of the owners; under the

308 CAUSES FOR REMOVAL SHOULD BE LEGALLY IMPORTANT;

orders, indeed, of the master, in his ordinary duties, but his contract is not subject to arbitrary control and dissolution.

Causes for removal should, therefore, be evident, strong, and legally important. A mate may forfeit his right to command and wages, by fraudulent, unfaithful, and illegal practices; by gross and repeated negligence, or flagrant, willful and unjustifiable disobedience; by incapacity, brought on him by his own fault, to perform his duty; or palpable want of skill in his profession.

It is, therefore, plainly incumbent upon a master to exercise all his powers with prudence and discretion. Precipitation, impulse, or passion are not desirable qualities to be exhibited by a master. As a disciplinarian, in the exercise of the power of removal, a master should be as circumspect as, we have elsewhere seen, he is obliged to be in making sale of his ship, in a foreign port, under a legal necessity; or in furnishing supplies and necessaries, when in distress; or in procuring loans by bottomry or hypothecation, in order to speed the voyage. Generally, his position calls for and demands discretion, not rashness; judgment, not impulse or passion; deliberation and not precipitation. A model master aims to discover business traits and qualities, and not to display imperious will.

Under difficulties, a master should be as cool and collected, as, it will hereafter appear, he is required by law to be considerate and paternal in inflicting punishment, in cases justifying that extreme remedy. And he should never vindictively remove, disrate, dismiss, or abandon and leave abroad in a distant foreign land, either officer or seaman, except for causes and reasons the most cogent and conclusive to justify him.

IF SO, THEY ARE GOOD GROUND FOR FORFEITURE. 309

Embezzlement, incompetency, disobedience, drunkenness, insubordination generally, have been shown or will hereafter appear, by the cases cited, to be adequate cause for removal from office, and forfeiture or deduction of wages.

But there are other marine offenses, which might be enumerated; some of a more, and others of a less aggravated character. Every act, which tends to interrupt the proper and legitimate employment of a ship, or to impede her navigation and dispatch, or is, in any way, detrimental to discipline, may be deemed a violation of the duty of a mariner and in derogation of his

contract.

Performance, as has been stated, comprises all which can be designated as sea-service or maritime duty of a seaman. For this he should ever be ready and willing, and fully qualified for his grade and station, whatever that may be.

In case of any mishap to a master, the chief mate should be competent, as the rightful successor, to take. the situation of the master, cum totis oneribus; the second mate should be qualified, in like manner, to take the position of a chief mate; and a third mate (if any), likewise should be qualified and competent to succeed to the station and duties of second mate. And this theory of rank, subordination, and succession, in seagoing vessels, is one of the established and permanent securities of merchants in particular, and commerce in general. All of these officers should be either thoroughly instructed or practically experienced, in making and taking observations at sea, by night or day; keeping the run and course of the ship, and capable of navigating her, if need be.

310

DUTIES OF ALL GRADES OF CREW.

So likewise, the able seaman must not only be fitted to hand, reef, and steer, but should be qualified also, from previous training practice, to splice, knot, or otherwise mend, the rigging or sails, if repairs be needed.

The cooper, and carpenter, sailmaker (if any), cook, and steward, should each be trustworthy, neat, skillful, prompt, and diligent, in the discharge of their several duties.

Ordinary seamen, at the time of sailing, should be capable of steering the vessel, handing, reefing, and furling the sails; and, in other respects, generally as handy as the able seaman, saving that not quite so much is usually expected, or can properly be required, in neat, advanced, and expert work on the rigging, from the ordinary as from the able seaman.

Of the light hands, boys or green hands, some are to go aloft, and take in the light sails generally; while all should hold themselves ready and willing to perform these required duties and labors with promptitude and dispatch.

The salvation both of ship, cargo, and life even, may often depend upon a prompt discharge of these different duties, for which all hands stipulate to be competent, on signing the shipping articles. Performance by the mariner of his own particular service is essential to success in all maritime adventures; and it is that performance which, per se, entitles the mariner ultimately to compensation.

Other delinquencies, it is obvious, of a lesser grade in morals, may interfere with the good order, become incompatible with the economy, and highly detrimental to the discipline of the ship, such as negligence, drunkenness, insubordination, and insolence to master or officers.

DISORDER TO BE PROMPTLY CHECKED.

311

The presence and appearance of any of these evils are obstacles, which are likely to retard temporarily or break up permanently, a partly completed voyage. Whether their existence be transient or prolonged, depends much upon the manner in which they may be met by the master in charge of the vessel. If, upon their first manifestation, the master shall promptly encounter them with decision, deal with them energetically, but always judiciously, their continuance may be short-lived; and if thus early checked, their correction may be enduring for the voyage. Should, however, these delinquencies be manifested in an aggravated form or habitually, they would legally draw after them the additional penalties of forfeiture or deduction.

Disobedience, open and defiant, is the deadly foe to discipline. Unchecked, it may lead to lasting and incurable evils. It disturbs the harmony, interrupts and impedes the progress, destroys the pleasure and possible profit of a voyage, and may, ultimately, render it disastrous to all concerned. This offense, beside being a legal and substantial ground for forfeiture or deduction. of wages, is also closely allied to those other higher and more aggravated marine offenses, rendered positively criminal by American legislation. Mutiny and revolt, or the endeavor to create and stir up mutiny and revolt, are classed in the same category with piracy.

Positive proof of either of these offenses would not only incur the penalty of forfeiture, but also expose and possibly subject the delinquent to indictment and punishment by the proper tribunal, under the United States laws.

To check, therefore, these evils at their first exhibition on board ship, is a grave duty for the master, as a