THE SEAMAN'S FRIEND; CONTAINING A TREATISE ON PRACTICAL SEAMANSHIP, WITH PLATES, A DICTIONARY OF SEA TERMS; CUSTOMS AND USAGES OF THE MERCHANT SERVICE; LAWS RELATING TO THE PRACTICAL DUTIES OF MASTER AND MARINERS. (continued 5)

In these vessels, the steward must come on deck whenever all hands are called, and in working ship, pulls and hauls about decks with the men. The main sheet is called the steward's rope, and this he lets go and hauls aft in tacking and wearing. In reefing and furling, he is expected to go upon the lower and topsail yards, and especially the mizzen topsail yard of a ship. No seamanship is expected of him, and he stands no watch, sleeping in at night and turning out at daylight; yet he must do ship's duty according to his ability when all hands are called for working ship or for taking in or making sail. In these things he must obey the mates in the same way that a common seaman would, and is punishable for disobedience. The amount of ship's duty required of him depends, as I have said, upon the number of passengers.

Cook.—The cook almost always lives in the forecastle, though sometimes in the steerage with the steward. He stands no watch, sleeping in at night, and working at his business throughout the day. He spends his time mostly in the cook-house, which is called the 'galley,' where he cooks both for the cabin and forecastle. This, with keeping the galley, boilers, pans, kids, &c., clean and in order, occupies him during the day. He is called with all hands, and in tacking and wearing, works the fore sheet. He is also expected to pull and haul about decks in all-hands work, and is occasionally called from his galley to give a pull at a tackle or halyards. No seamanship can be required of him, but he is usually expected to go upon a lower or topsail yard in reefing or furling, and to assist according to his ability in working ship. In regular passenger-ships, however, as he is more exclusively employed in cooking, he is not required to do any duty about decks, except in a case of necessity or of common danger. In some other vessels, too, if strongly manned, neither the cook nor steward are sent upon the yards. Yet it can, without doubt, be required of them, by the custom and understanding of the service, to go upon a lower or topsail yard to reef or furl.

If there are on board armorers, coopers, or persons following any other trades, they take the same place and follow the same rules as to duty that govern the carpenter and sailmaker. In the merchant service, when 'all hands' are called, it literally calls every one on board but the passengers; excepting, as I have said, in the case of the cook and steward of strictly passenger-ships. Those persons of whom any duty can be required, who do not stand a watch, but sleep in at night and work during the day, are called idlers. Beside turning out with 'all hands,' the idlers are sometimes called up at night to help the watch on deck in any heavy or difficult duty, when it is not desirable to call the other watch, who may have had severe service. This is allowable, if practised only in cases of necessity, and not carried to an extreme.

CHAPTER V.

ABLE SEAMEN.

Grades of sea-faring persons. Able seamen. Ordinary seamen. Boys. Shipping and rating. Over-rating. Requisites of an able seaman. Hand, reef and steer. Work upon rigging. Sailmaking. Day's work. Working ship. Reefing and furling. Watch duty. Coasters and small vessels.

Sea-faring persons before the mast are divided into three classes,—able seamen, ordinary seamen, and boys or green hands. And it may be remarked here that all green hands in the merchant service are termed boys, and rated as such, whatever may be their age or size. In the United States navy, an able seaman receives twelve dollars per month, an ordinary seaman ten, and the boys, or green hands, from four to eight, according to their strength and experience. In the merchant service, wages are about the same on long voyages; but on voyages to Europe, the West Indies, and the southern ports, they are considerably higher, and very fluctuating. Still, the same proportion between the classes is preserved, an ordinary seaman getting about two dollars less than an able seaman, and the boys, from nothing up to two dollars less than ordinary seamen, according to circumstances. A full-grown man must ship for boy's wages upon his first voyage. It is not unusual to see a man receiving boy's wages and rated as a boy, who is older and larger than many of the able seamen.

The crews are not rated by the officers after they get to sea, but, both in the merchant service and in the navy, each man rates himself when he ships. The shipping articles, in the merchant service, are prepared for so many of each class, and a man puts his name down and contracts for the wages and duty of a seaman, ordinary seaman, or boy, at his pleasure. Notwithstanding this license, there are very few instances of its being abused; for every man knows that if he is found incompetent to perform the duty he contracts for, his wages can not only be reduced to the grade for which he is fitted, but that something additional will be deducted for the deception practised upon all concerned, and for the loss of service and the numerous difficulties incurred, in case the fraud is not discovered until the vessel has got to sea. But, still more than this, the rest of the crew consider it a fraud upon themselves; as they are thus deprived of a man of the class the vessel required, which makes her short-handed for the voyage, and increases the duty put upon themselves. If, for instance, the articles provide for six able seamen, the men expect as many, and if one of the six turns out not to be a seaman, and is put upon inferior work, the duties which would commonly be done by seamen will fall upon the five. The difficulty is felt still more in the watches; as, in the case I have supposed, there would be in one watch only two able seamen instead of three, and if the delinquent was not a capable helmsman, the increased duty at the wheel alone would be, of itself, a serious evil. The officers also feel at liberty to punish a man who has so imposed upon all hands, and accordingly every kind of inferior and disagreeable duty is put upon him; and, as he finds no sympathy from the crew, his situation on board is made very unpleasant. Indeed, there is nothing a man can be guilty of, short of a felony, to which so little mercy is shown on board ship; for it is a deliberate act of deception, and one to which there is no temptation, except the gain of a few dollars.

The common saying that to hand, reef and steer makes a sailor, is a mistake. It is true that no man is a sailor until he can do these things; yet to ship for an able seaman he must, in addition to these, be a good workman upon rigging. The rigging of a ship requires constant mending, covering and working upon in a multitude of ways; and whenever any of the ropes or yards are chafing or wearing upon it, it must be protected by 'chafing gear.' This chafing gear consists of worming, parcelling, serving, rounding, &c.; which requires a constant supply of small stuffs, such as foxes, sennit, spunyarn, marline, and the like, all which is made on board from condemned rigging and old junk. There is also a great deal of new rigging to be cut and fitted, on board, which requires neat knots, splices, seizings, coverings, and turnings in. It is also frequently necessary to set up the rigging in one part of the vessel or another; in which case it must be seized or turned in afresh. It is upon labor of this kind that the crew is employed in the 'day's work' and jobs which are constantly carried forward on board. A man's skill in this work is the chief test of his seamanship; a competent knowledge of steering, reefing, furling, and the like, being taken for granted, and being no more than is expected of an ordinary seaman. To put a marlinspike in a man's hand and set him to work upon a piece of rigging, is considered a fair trial of his qualities as an able seaman.

There is, of course, a great deal of difference in the skill and neatness of the work of different men; but I believe I am safe in saying that no man will pass for an able seaman in a square-rigged vessel, who cannot make a long and short splice in a large rope, fit a block-strap, pass seizings to lower rigging, and make the ordinary knots, in a fair, workmanlike manner. This working upon rigging is the last thing to which a lad training up to the sea is put, and always supposes a competent acquaintance with all those kinds of work that are required of an ordinary seaman or boy. A seaman is generally expected to be able to sew upon a sail, and few men ship for seamen who cannot do it; yet, if he is competent in other respects, no fault can be found with an able seaman for want of skill in sailmaking.

In allotting the jobs among the crew, reference is always had to a man's rate and capacity; and it is considered a decided imputation upon a man to put him upon inferior work. The most difficult jobs, and those requiring the neatest work, will be given to the older and more experienced among the seamen; and of this none will complain; but to single out an able seaman and keep him at turning the spunyarn winch, knotting yarns or picking oakum, while there are boys on board, and other properly seaman's work going forward at the same time, would be looked upon as punishment, unless it were temporarily, or from necessity, or while other seaman were employed in the same manner. Also, in consideration of the superior grade of an able seaman, he is not required to sweep down the decks at night, slush the masts, &c., if there are boys on board and at hand. Not that a seaman is not obliged to do these things. There is no question but that he is, just as much as to do any other ship's work; and if there are no boys on board or at hand at the time, or from any other cause it is reasonably required of him, no good seaman would object, and it would be a refusal of duty to do so, yet if an officer were deliberately, and without necessity for it, when there were boys about decks at the time, who could do the work as well, to order an able seaman to leave his work and sweep down the decks, or slush a mast, it would be considered as punishment.

In working ship, the able seamen are stationed variously; though, for the most part, upon the forecastle, at the main tack or fore and main lower and topsail braces; the light hands being placed at the cross-jack and fore and main topgallant and royal braces. In taking in and making sail, and in all things connected with the working of a ship, there is no duty which may not be required of an able seaman; yet there are certain things requiring more skill or strength, to which he is always put, and others which are as invariably assigned to ordinary seamen and boys. In reefing, the men go out to the yard-arms, and the light hands stand in toward the slings; while in furling, the bunt and quarters belong to the able seamen, and the yard-arms to the boys. The light hands are expected to loose and furl the light sails, as royals, flying jib and mizzen topgallant sail, and the men seldom go above the cross-trees, except to work upon the rigging, or to send a mast or yard up or down. The fore and main topgallant sails, and sometimes the flying jib of large vessels, require one or more able seamen for furling, but are loosed by light hands. In short, as to everything connected with working ship, making and taking in sail, &c., one general rule may be laid down. A seaman is obliged to obey the order of the master or officer, asking no questions and making no objection, whether the duty to which he is ordered be that which properly belongs to an able seaman or not; yet as able seamen alone can do the more nice and difficult work, the light hands, in their turn, are expected to do that which requires less skill and strength. In the watch on deck at night, for instance, the able and ordinary seamen steer the ship, and are depended upon in case of any accident, or if heavy sails are to be taken in or set, or ropes to be knotted or spliced; and in consideration of this, if there is light work to be done, as coiling up rigging about decks, holding the log-reel, loosing or furling a light sail, or the like, the boys are expected to do it, and should properly be called upon by the officer, unless from some circumstance it should be necessary to call upon a man. Yet, as I have said before, if ordered, the seaman must do the thing, under any circumstances, and a refusal would be a refusal of his duty.

No man is entitled to the rate or wages of an able seaman, who is not a good helmsman. There is always a difference in a ship's company as to this duty, some men being more steady, careful, and expert helmsmen than others; and the best quality cannot be required of every able seaman; yet if, upon fair trial, in bad weather, a man is found incapable of steering the ship, under circumstances not extraordinary, he would be considered by all on board to have failed of his duty. It should be remembered, however, that there are times when the very best helmsman is hardly able to steer a ship, and if a vessel is out of trim or slow in her motions, no skill can keep her close to her course.

An able seaman is also expected to do all the work necessary for reefing, furling, and setting sail, to be able to take a bunt or earing, to send yards and masts up and down, to rig in and out booms, to know how to reeve all the running rigging of a ship, and to steer, or pull an oar in a boat.

The standard of seamanship, however, is not so high in coasting vessels and those of a smaller class bound upon short voyages, in which all the work that is necessary upon the vessel or rigging is usually done when in port by people hired from on shore. In such vessels many men ship for able seamen, and are considered, upon the whole, competent, if they are able-bodied, and can hand, reef, and steer, who perhaps would only have shipped for ordinary seamen in vessels bound upon long voyages. In all large class vessels, and in vessels of almost any class bound upon long voyages, the standard of seamanship is very nearly what I have before described.

CHAPTER VI.

ORDINARY SEAMEN.

Requisites. Hand, reef, and steer. Loose, furl, and set sails. Reeve rigging. Work upon rigging. Watch duty.

An ordinary seaman is one who, from not being of sufficient age and strength, or from want of sufficient experience, is not quite competent to perform all the duties of an able seaman, and accordingly receives a little less than full wages, and does not contract for the complete qualities of an able seaman. There is a large proportion of ordinary seamen in the navy. This is probably because the power of the officers is so great upon their long cruises to detect and punish any deficiency, and because, if a man can by any means be made to appear wanting in capacity for the duty he has shipped to perform, it will justify a great deal of hard usage. Men, therefore, prefer rather to underrate than to run any risk of overrating themselves.

An ordinary seaman is expected to hand, reef, and steer, under common circumstances, (which includes 'boxing the compass;') to be well acquainted with all the running and standing rigging of a ship; to be able to reeve all the studdingsail gear, and set a topgallant or royal studdingsail out of the top; to loose and furl a royal, and a small topgallant sail or flying jib; and perhaps, also, to send down or cross a royal yard. An ordinary seaman need not be a complete helmsman, and if an able seaman should be put in his place at the wheel in very bad weather, or when the ship steered with difficulty, it would be no imputation upon him, provided he could steer his trick creditably under ordinary circumstances. In reefing or furling the courses and topsails, an ordinary seaman would not take the bunt or an earing, if there were able seamen on the yard; and perhaps, in the largest sized vessels, it would not be expected of him to pass an earing, or make up the bunt of a fore or main topsail or course in bad weather, yet he should know how to do both, and should be able to take a bunt or earing on the mizzen topsail yard, and on any topsail or lower yard of a small vessel.

It is commonly understood that an ordinary seaman need not be a workman upon rigging. Yet there are probably few men capable of performing the duties of an ordinary seaman, as above detailed, who would not be somewhat acquainted with work upon rigging, and who could not do the simpler parts of it, such as, serving and splicing small ropes, passing a common seizing, or the like; and it is always expected that an ordinary seaman shall be able to make all the hitches, bends, and knots in common use: such as, two half-hitches, a rolling hitch, timber hitch, clove hitch, common bend, and bowline knot. He would also be thought deficient if he could not draw, knot, and ball up yarns, and make spunyarn, foxes, and common sennit. Yet it is said that if he can steer his trick, and do his duty creditably in working ship and taking in and making sail, he is entitled to the rate and wages of an ordinary seaman, though he cannot handle a marlinspike or serving-board.

The duty upon which an ordinary seaman is put, depends a good deal upon whether there are boys or green hands on board or not. If there are, he has a preference over them, as an able seaman has over him, in the light work; and since he stands his helm regularly and is occasionally set to work upon rigging with the men, he will be favored accordingly in the watch and in common duty about decks. Yet the distinction between ordinary seamen and boys is not very carefully observed in the merchant service, and an ordinary seaman is frequently called upon for boy's duty, though there are boys on board and at hand. If an officer wished for some one to loose a royal, take a broom and sweep the decks, hold the log-reel, coil up a rope, or the like, he would probably first call upon a boy, if at hand; if not, upon an ordinary seaman; but upon either of them indifferently, before an able seaman.

If there are no boys on board, the ordinary seamen do boy's duty; the only difference being, that if they take their trick at the wheel, and do other ordinary seaman's work, the able seamen are not so much preferred over them, as over mere boys and green hands.

CHAPTER VII.

BOYS.

Requisites. Wages. Watch. Day's work. Working ship. Helm. Duties aloft and about decks.

Boy is the term, as I have said before, for all green hands, whatever may be their size or age; and also for boys, who, though they have been at sea before, are not large and strong enough for ordinary seamen. It is the common saying, that a boy does not ship to know anything. Accordingly, if any person ships as a boy, and upon boy's wages, no fault can be found with him, though he should not know the name of a rope in the ship, or even the stem from the stern. In the navy, the boys are divided into three classes, according to their size and experience, and different duties are put upon them. In the merchant service, all except able and ordinary seamen are generally upon the same wages, though boys' wages vary in different voyages. Sometimes they get nothing, being considered as apprentices; and from that they rise to three, five, and sometimes eight dollars per month. Whatever boys' wages may be, a person who ships for them for that voyage, whether more or less, is rated as boy, and his duty is according to his rate.

In the ordinary day's work, the boys are taught to draw and knot yarns, make spunyarn, foxes, sennit, &c., and are employed in passing a ball or otherwise assisting the able seamen in their jobs. Slushing masts, sweeping and clearing up decks, holding the log-reel, coiling up rigging, and loosing and furling the light sails, are duties that are invariably put upon the boys or green hands. They stand their watches like the rest, are called with all hands, go aloft to reef and furl, and work whenever and wherever the men do, the only difference being in the kind of work upon which they are put. In reefing, the boys lay in toward the slings of the yard, and in furling, they go out to the yard-arms. They are sent aloft immediately, as soon as they get to sea, to accustom them to the motion of a vessel, and to moving about in the rigging and on the yards. Loosing and furling the royals, setting topgallant studdingsails and reeving the gear, shaking out reefs, learning the names and uses of all the ropes, and to make the common hitches, bends, and knots, reeving all the studdingsail gear, and rigging in and out booms, and the like, is the knowledge first instilled into beginners. There is a good deal of difference in the manner in which boys are put forward in different vessels. Sometimes, in large vessels, where there are plenty of men, the boys never take the wheel at all, and are seldom put upon any but the most simple and inferior duties. In others, they are allowed to take the wheel in light winds, and gradually, if they are of sufficient age and strength, become regular helmsmen. So, also, in their duties aloft; if they are favored, they may be kept at the royals and topgallant sails, and gradually come to the earing of a mizzen topsail. In work upon rigging, however, a green hand makes but little progress beyond ropeyarns and spunyarn, during his first voyage; since there are men enough to do the jobs, and he can be employed to more advantage in the inferior work, and in making and taking in light sails, steering in light winds, &c.; a competent knowledge of which duty is sufficient to enable him to ship for an ordinary seaman upon the next voyage. It is generally while in the grade of ordinary seaman that the use of the marlinspike is learned. Whatever knowledge a boy may have acquired, or whatever may be his age or strength, so long as he is rated as a boy, (and the rates are not changed during a voyage unless a person changes his ship,) he must do the inferior duties of a boy. If decks are to be cleared up or swept, rigging to be coiled up, a man is to be helped in his job, or any duty to be done aloft or about decks which does not require the strength or skill of a seaman, a boy is always expected to start first and do it, though not called upon by name.

CHAPTER VIII.

MISCELLANEOUS.

Watches. Calling the watch. Bells. Helm. Answering. Stations. Food. Sleep.

Watches.—A watch is a term both for a division of the crew, and for the period of time allotted to such division. The crew are divided into two watches, larboard and starboard; the larboard commanded by the chief mate, and the starboard by the second mate. These watches divide the time between them, being on and off duty, or, as it is termed, on deck and below, every other four hours. If, for instance, the chief mate with the larboard watch have the first night watch, from eight to twelve, at the end of the four hours the starboard watch is called, and the second mate takes the deck, while the larboard watch and the chief mate go below until four in the morning. At four they come on deck again, and remain until eight; having what is called the 'morning watch.' As they will have been on deck eight hours out of the twelve, while the starboard watch, who had the middle watch, from twelve to four, will only have been up four hours, they are entitled to the watch below from eight till twelve, which is called the 'forenoon watch below.' Where this alternation of watches is kept up throughout the twenty-four hours, four hours up and four below it is called having "watch and watch." This is always given in bad weather, and when day's work cannot be carried on; but in most merchant vessels, it is the custom to keep all hands from one P.M. until sundown, or until four o'clock. In extreme cases, also, all hands are kept throughout the day; but the watch which has had eight hours on deck at night should always be allowed a forenoon watch below, if possible.

The watch from four to eight, P.M., is divided into two half-watches of two hours each, called dog-watches. The object of this is to make an uneven number of watches, seven instead of six; otherwise the same watch would stand during the same hours for the whole voyage, and those who had two watches on deck the first night would have the same throughout the trip. But the uneven number shifts the watches. The dog-watches coming about sundown, or twilight, and between the end of a day's work and the setting of the night watch, are usually the time given for recreation,—for smoking, telling yarns, &c., on the forecastle; things which are not allowed during the day.

Calling the Watch.—As soon as eight bells are struck, the officer of the watch gives orders to call the watch, and one of the crew goes to the scuttle, knocks three times, and calls out in a loud voice, "All the starboard (or larboard) watch, ahoy!" or, "All starbowlines, ahoy!" or something of the kind, and adds, "Eight bells," or the hour; usually, also, a question, to know whether he is heard, as, "Do you hear the news there, sleepers?" Some one of the watch below must answer, "Ay, ay!" to show that the call has been heard. The watch below is entitled to be called in a loud and audible voice, and in the usual manner; and unless called, they cannot be expected to come up. They must also turn out at once and come on deck as soon as they are called, in order that the other watch may go below, especially as they are never called until the hour has expired, and since some minutes are allowed for turning out, dressing, and getting on deck. The man whose turn it is to take the helm goes immediately aft, and ought to be the first on deck, as the two hours' duty at the helm at night is tedious, and entitles a man to be speedily relieved. It is considered a bad trait in a man to be slack in relieving the helm. The relieving the helm is also the sign that the watch is changed, and no man is permitted to go below until that has been done. It is a man's watch on deck so long as one of his watch is at the wheel.

Bells.—The time at sea is marked by bells. At noon, eight bells are struck, that is, eight strokes are made upon the bell; and from that time it is struck every half-hour throughout the twenty-four, beginning at one stroke and going as high as eight, adding one at each half-hour. For instance, twelve o'clock is eight bells, half past twelve is one bell, one o'clock is two bells, half past one three bells, and so on until four o'clock, which will be eight bells. The watch is then out, and for half past four you strike one bell again. A watch of four hours therefore runs out the bells. It will be observed, also, that even bells come at the full hours, and the odd bells at the half-hours. For instance, eight bells is always twelve, four, or eight o'clock; and seven bells always half past three, half past seven, or half past eleven.

The bells are sounded by two strokes following one another quickly, and then a short interval; after which, two more; and so on. If it is an odd number, the odd one is struck alone, after the interval. This is to make the counting more sure and easy; and, by this means, you can, at least, tell whether it is an hour or a half-hour.

Helm. Neither the master nor mates of a merchant vessel ever take the helm. The proper helmsmen are the able and ordinary seamen. Sometimes the carpenter, sailmaker, &c., if they are seamen, are put at the helm; also the boys, in light winds, for practice. Each watch steers the ship in its turn, and the watch on deck must supply the helmsman, even when all hands are called. Each man stands at the helm two hours, which is called his trick. Thus, there are two tricks in a watch. Sometimes, in very cold weather, the tricks are reduced to one hour; and, if the ship steers badly, in a gale of wind, two men are sent to the wheel at once. In this case, the man who stands on the weather side of the wheel is the responsible helmsman, the man at the lee wheel merely assisting him by heaving the wheel when necessary.

The men in the watch usually arrange their tricks among themselves, the officers being satisfied if there is always a man ready to take the wheel at the proper time. In steering, the helmsman stands on the weather side of a wheel and on the lee side of a tiller. But when steering by tiller-ropes with no hitch round the tiller-head, or with a tackle, as in a heavy gale and bad sea, when it is necessary to ease the helm a good deal, it is better to stand up to windward and steer by the parts of the tackle or tiller-ropes.

In relieving the wheel, the man should come aft on the lee side of the quarter-deck, (as indeed he always should unless his duty lies to windward,) go to the wheel behind the helmsman and take hold of the spokes, so as to have the wheel in command when the other lets go. Before letting go, the helmsman should give the course to the man that relieves him in an audible voice, and the new man should repeat it aloud just as it was given, so as to make it sure that he has heard correctly. This is especially necessary, since the points and half points are so much alike that a mistake might easily be made. It is the duty of the officer of the watch to be present when the wheel is relieved, in order to see that the course is correctly reported and understood; which is another reason why the course should be spoken by both in a loud tone. It is unseamanlike and reprehensible to answer, "Ay, ay!" or, "I understand," or the like, instead of repeating the course.

If a vessel is sailing close-hauled and does not lay her course, the order is, "Full and by!" which means, by the wind, yet all full. If a vessel lays her course, the order then is her course, as N.W. by W., E. by S., and the like.

When a man is at the wheel, he has nothing else to attend to but steering the ship, and no conversation should be allowed with him. If he wishes to be relieved during his trick, it should not be done without the permission of the officer, and the same form of giving and repeating the course should be gone through, though he is to be absent from the helm but a minute or two.

If an order is given to the man at the wheel as to his steering, he should always repeat the order, distinctly, that the officer may be sure he is understood. For instance, if the order is a new course, or, "Keep her off a point!" "Luff a little!" "Ease her!" "Meet her!" or the like, the man should answer by repeating the course or the order, as, "Luff a little, sir," "Meet her, sir," &c., and should not answer, "Ay, ay, sir!" or simply execute the order as he understands it. This practice of repeating every, even the most minute order at the wheel, is well understood among seamen, and a failure or refusal to do so is an offence sometimes leading to disagreeable results.

If, when the watch is out and the other watch has been called, all hands are detained for any purpose, as, to reef a topsail, to set studdingsails, or the like, the helm should not be relieved until the work is done and the watch ready to go below.

Answering.—The rule has just been stated which requires a man at the wheel to answer by repeating distinctly the order given him. The same rule applies to some other parts of a seaman's duty, though to none so strictly, perhaps, as to that. In tacking, where the moment of letting go a rope or swinging a yard is very important, the order of the master is always repeated by the officer on the forecastle. This enables the master to know whether he is heard and understood, to repeat his order if it is not answered at once, and to correct any mistake, or obviate some of its consequences. The same may be said generally of every order to the proper or instant execution of which unusual importance is attached. If, for instance, a man is stationed by a rope to let it go upon an order given, if an order is addressed to him which he supposes to be for that purpose, he should answer, "Let go, sir!" and usually adds, "All gone!" as soon as it is done. Green hands should bear in mind that whenever an order is of a kind which ought to be repeated, it must be so, without reference to a man's distance from the officer who gives the order, but just as much if standing a few feet from him as if at the mast-head, since, upon the whole, the chance of misapprehension is not much less in one case than in the other.

The common run of orders, however, are sufficiently answered by the usual reply of "Ay, ay, sir!" which is the proper seaman's answer, where the repetition of the order is not necessary. But some answer or other should always be made to an order. This is a rule difficult to impress upon beginners, but the reasonableness of it is obvious, and it is well understood among all seafaring persons; and even though an officer should see that the man was executing his order, he still would require, and has a right to demand a reply. The rule is as strictly observed by the master and officers between themselves, as it is required by them of the men; for the reason is the same. It is almost unnecessary to say that the addition 'Sir' is always to be used in speaking to the master or to either of the mates. The mates in their turn use it to the master. 'Mr.' is always to be prefixed to the name of an officer, whether chief or second mate.

In well-disciplined vessels, no conversation is allowed among the men when they are employed at their work; that is to say, it is not allowed in the presence of an officer or of the master; and although, when two or more men are together aloft, or by themselves on deck, a little low conversation might not be noticed, yet if it seemed to take off their attention, or to attract the attention of others, it would be considered a misdemeanor. In this respect the practice is different in different vessels. Coasters, fishermen, or small vessels on short voyages, do not preserve the same rule; but no seaman who has been accustomed to first class ships will object to a strictness as to conversations and laughing, while at day's work, very nearly as great as is observed in a school. While the crew are below in the forecastle, great license is given them; and the severest officer will never interfere with the noise and sport of the forecastle, unless it is a serious inconvenience to those who are on deck. In working ship, when the men are at their stations, the same silence and decorum is observed. But during the dog-watches, and when the men are together on the forecastle at night, and no work is going forward, smoking, singing, telling yarns, &c., are allowed; and, in fact, a considerable degree of noise and skylarking is permitted, unless it amounts to positive disorder and disturbance.

It is a good rule to enforce, that whenever a man aloft wishes anything to be done on deck, he shall hail the officer of the deck, and not call out, as is often done, to any one whom he may see about decks, or generally to have a thing done by whoever may happen to hear him. By enforcing this rule the officer knows what is requested, and may order it and see that it is done as he thinks fit; whereas, otherwise, any one about decks, perhaps a green hand, may execute the order upon his own judgment and after his own manner.

Stations.—The proper place for the seamen when they are on deck and there is no work going forward, is on the forecastle. By this is understood so much of the upper deck as is forward of the after fore-shroud. The men do not leave this to go aft or aloft unless ship's duty requires it of them. In working ship, they are stationed variously, and go wherever there is work to be done. The same is the case in working upon rigging. But if a man goes aft to take the wheel, or for any other purpose which does not require him to go to windward, he will go on the lee side of the quarter-deck.

Food, Sleep, &c.—The crew eat together in the forecastle, or on deck, if they choose, in fine weather. Their food is cooked at the galley, and they are expected to go to the galley for it and take it below or upon the forecastle. The cook puts the eatables into wooden tubs called "kids," and of these there are more or less, according to the number of men. The tea or coffee is served out to each man in his tin pot, which he brings to the galley. There is no table, and no knives nor forks to the forecastle; but each man helps himself, and furnishes his own eating utensils. These are usually a tin pot and pan, with an iron spoon.

The usual time for breakfast is seven bells, that is, half past seven o'clock in the morning. Consequently, the watch below is called at seven bells, that they may get breakfast and be ready to take the deck at eight o'clock. Sometimes all hands get breakfast together at seven bells; but in bad weather, or if watch and watch is given, it is usual for the watch below to breakfast at seven bells, and the watch on deck at eight bells, after they are relieved. The dinner hour is twelve o'clock, if all hands get dinner together. If dinner is got 'by the watch,' the watch below is called for dinner at seven bells (half past eleven,) and the other watch dine when they go below, at twelve.

If all hands are kept in the afternoon, or if both watches get supper together, the usual hour is three bells, or half past five; but if supper is got by the watch, three bells is the time for one watch and four for the other.

In bad weather, each watch takes its meals during the watch below, as, otherwise, the men would be liable to be called up from their meals at any moment.

As to the time allowed for SLEEP; it may be said, generally, that a sailor's watch below is at his own disposal to do what he chooses in, except, of course, when all hands are called. The meal times, and time for washing, mending, reading, writing, &c., must all come out of the watch below; since, whether there is work going forward or not, a man is considered as belonging to the ship in his watch on deck. At night, however, especially if watch and watch is not given, it is the custom in most merchant vessels, in good weather, to allow the watch to take naps about the decks, provided one of them keeps a look-out, and the rest are so that they can be called instantly. This privilege is rather a thing winked at than expressly allowed, and if the man who has the look-out falls asleep, or if the rest are slow in mustering at a call, they are all obliged to keep awake. In bad weather, also, or if near land, or in the track of other vessels, this privilege should not be granted. The men in each watch usually arrange the helms and look-outs among themselves, so that a man need not have a helm and a look-out during the same watch. A man should never go below during his watch on deck, without permission; and if he merely steps down into the forecastle for an instant, as, to get his jacket, he should tell some one, who may speak to him at once, if the watch is called upon.

PART III.

LAWS RELATING TO THE PRACTICAL DUTIES OF MASTER AND MARINERS.

CHAPTER I.

THE VESSEL.

Title. Bill of sale. Registry. Enrolment. License. Documents. Certificate. Passport. Sea-letter. List of crew. Bill of health. General clearance. Clearing manifest. Invoice. Bill of lading. Charter-party. Log-book. Manifest. List of passengers and crew. Remaining sea-stores. Medicine-chest. Provisions.

Title.—The bill of sale is the proper evidence of title to all vessels. It is the instrument of transfer which is used in all maritime countries, which courts of law look to for proof of title, and which is in most cases absolutely required. [6]

Possession of the vessel should also accompany the bill of sale, whenever it is practicable. If the bill of sale is transferred while the vessel is at sea, possession should be taken immediately upon her arrival in port. The fact of the bill of sale being with one person and the actual possession of the vessel with another, after there has been an opportunity to transfer it, will raise a presumption of fraud, and make the parties liable to losses and difficulties in dealing with creditors, and such as purchase in good faith. [7]

Registry, Enrolment, and License.—The laws of the United States have given many privileges to vessels built, owned and commanded by our own citizens. Such vessels are entitled to be registered, enrolled or licensed, according to circumstances, and are thereupon considered "vessels of the United States, entitled to the benefits and privileges appertaining to such ships." The only vessels entitled to a register are those built in the United States and owned wholly by citizens thereof; vessels captured in war by our citizens, and condemned as prizes; and vessels adjudged to be forfeited for breach of the laws of the United States, being wholly owned by such citizens. No owner is compelled to register his vessel, but unless registered (with the exception of those enrolled and licensed in the coasting and fishing trades) she is not entitled to the privileges and benefits of a "vessel of the United States," although she be built, owned and commanded by citizens thereof. [8]

Vessels employed wholly in the whale-fishery, owned by an incorporated company, may be registered, so long as they shall be wholly employed therein. [9] If not so owned and registered, they must be enrolled and licensed. [10]

The name of every registered vessel, and the port to which she belongs, must be painted on her stern, on a black ground, in white letters, of not less than three inches in length. And if any registered vessel is found without her name and the name of her port so painted, the owners thereof forfeit fifty dollars. [11]

In order to the obtaining of a register, oath must be made that the master is a citizen of the United States. [12] If the master of a registered vessel is changed, or if the vessel's name is altered, such fact must be endorsed upon the register at the custom-house, otherwise she will cease to be considered a vessel of the United States. [13]

If any certificate of registry is fraudulently or knowingly used for any ship or vessel not at the time entitled to it, such ship or vessel, with her tackle, apparel and furniture, shall be forfeited to the United States. [14] If an enrolled or licensed vessel is about to proceed on a foreign voyage, she must surrender her enrolment and license, and take out a register, or she, together with her cargo, will be liable to forfeiture. [15] In case of the loss of a register, the master may make oath to the fact, and obtain a new one.

All vessels engaged in the coasting and fishing trades, above twenty tons' burden, in order to be entitled to the privileges of vessels of the United States in those trades, must be enrolled and licensed; and if less than twenty tons, must be licensed. [16] The same qualifications and requisites in all respects are demanded in order to the enrolling and licensing of a vessel, which are required for registering. [17] The name must be painted on the stern in the same manner, under penalty of $20. [18]

If any vessel licensed for the fisheries engages in any other business not expressly allowed by the license, she is forfeited. [19] Vessels, however, licensed for the mackerel trade are not forfeited in consequence of having been engaged in catching cod, or other fish; but they are not entitled to the bounty allowed to vessels in the cod fisheries. [20] The officers and at least three fourths of the crew of every fishing vessel must be American citizens, or they can recover none of the bounties. [21]

Documents.—Every registered vessel should have a certificate of registry. [22] This is an abstract of the record of registry, showing the names and residences of the owners, the place where the vessel was built, with a particular description of the vessel. This document shows the national character of the vessel, and is important to prove neutrality in time of war between other powers. For the same reasons, an enrolled vessel should have a certificate of enrolment. [23] Vessels bound to Europe should have passports. A passport is a permission from the government for the vessel to go upon her voyage, and contains a description of the vessel, crew, &c., and the name of the master. Vessels bound round Cape Horn or the Cape of Good Hope should have sea-letters. These contain a description of the cargo, &c., and are written in four languages—English, French, Dutch and Spanish. The two latter documents are rendered necessary or expedient by reason of treaties with foreign powers. Every vessel should have a list of crew. This specifies the name, age, place of birth and residence, &c., of each one of the ship's company; and is, of course, very useful when sailing among belligerents. The other documents are the bill of health, general clearance, clearing manifest, invoice and bill of lading for the cargo, charter-party, if one has been given, and the log-book. On entering at the custom-house, the papers required in addition to these are the manifest, list of passengers and crew, and of remaining sea-stores.

Medicine-chest.—Every vessel belonging to citizens of the United States, of the burden of one hundred and fifty tons or upwards, navigated by ten or more persons in the whole, and bound on a foreign voyage, must be provided with a medicine-chest, put up by some apothecary of known reputation, and accompanied by directions for using the same. This chest must be examined and refitted by the same or some other apothecary at least once in a year. [24] The same rule applies to vessels of seventy-five tons and upwards, navigated by six persons in the whole, and bound to the West Indies. [25]

National Character of Crew.—In order to be placed upon the most favorable footing as to duties, bounties, &c., it is necessary that the master, officers, and two thirds of the rest of the crew of vessels in the foreign trade, and officers and three fourths of the crew of fishing and coasting vessels, should be citizens, or "persons not the subjects of any foreign prince or state." [26] Nevertheless, while foreigners are employed in our vessels, they are under the protection of our laws as "mariners and seamen of the United States." [27]

Provisions.—Every vessel of the United States bound on a voyage across the Atlantic, shall, at the time of leaving the last port from which she sails, have on board, well secured under deck, at least sixty gallons of water, one hundred pounds of salted beef, and one hundred pounds of wholesome ship bread, for every person on board, (over and above any stores that the master or passengers may have put on board;) and in like proportions for shorter or longer voyages. If any vessel is not so provided, and the crew are put upon short allowance of bread, flesh or water, they can recover an additional day's wages for every day they are so allowanced. [28]

Passengers.—The same provision, with the addition of one gallon of vinegar, must be made for every passenger; and if, in default of these, the passengers are put on short allowance, each passenger can recover three dollars for every day he is so allowanced. [29]

If any vessel takes on board a greater number of passengers than two for every five tons, custom-house measurement, the master forfeits $150 for every such passenger; and if the number by which they exceed two for every five tons shall amount to twenty, the vessel becomes forfeited. [30]

CHAPTER II.

THE MASTER'S RELATION TO VESSEL AND CARGO.

Revenue duties and obligations. List of crew. Certificate. Sea letter. Passport. List of passengers. Manifest. Sea stores. Unloading. Post-office. Report. Citizenship. Coasting license. Power to sell and hypothecate. Keeping and delivering cargo. Deviation. Collision. Pilot. Wages and advances.

Revenue Duties and Obligations.—The master of every vessel bound on a foreign voyage, before clearance, must give to the collector of the customs a list of the crew, specifying their names, places of birth and residence, and containing a description of their persons; whereupon he is entitled to a certified copy of the same from the collector. This copy he must deliver, under a penalty of $400, to the first boarding officer upon his arrival in the United States, and produce the persons named therein, unless the same have been discharged in a foreign country, with the consent of the consul or other commercial agent thereto certified in writing under his hand and official seal; or by showing that they have died or absconded, or been impressed into foreign service. [31] The duplicate list of the crew shall be a fair copy, in one uniform handwriting, without erasure or interlineation. [32]

The owners must also obtain from the collector of the customs a certified copy of the shipping articles. This must be produced by the master before any consul or commercial agent who may demand it, and all erasures in it or writings in a different hand shall be deemed fraudulent, unless satisfactorily explained. [33]

The master of every vessel of the United States, on arriving at a foreign port, must deposit with the consul, or other commercial agent, his certificate of registry, sea letter, and passport (if he have one,) under a penalty of $500. The consul returns them to him, upon his obtaining a clearance. [34]

Upon arriving in the United States, the master must report to the collector a list of passengers, specifying their names, age, sex, occupation, the country of which they are citizens, and that in which they intend to reside. This is under a penalty of $500. [35]

Vessels arriving from foreign ports must unlade and deliver their cargoes between sunrise and sunset, unless by special permission of the collector of the port.

In making out manifests of cargoes, the master must specify what articles are to be deemed sea stores, and declare the same upon oath. If the collector deems the amount excessive, he may charge them with a duty. If the cargo is found to exceed the manifest, the excess is forfeited to the government, and the master is liable to pay treble the amount. [36]

If the master land any of the sea stores, without first obtaining a permit, such stores are forfeited, and the master becomes liable to pay treble the value of them. [37]

The master subjects himself to a fine of $200 if the vessel departs on a foreign voyage without a passport.

It is the duty of the master, coming from a foreign port, to have a manifest of cargo and a copy of the same made out and ready for delivery to any officer of the customs who may board the vessel within four leagues of the coast. [38] Unless this manifest is produced, no merchandise can be unloaded from the vessel. The manifest shall specify the port where the merchandise was received, the port to which it is consigned, the name, build and description of the vessel, with the name of the master and owner, the marks and numbers of each package of goods, with the name of the consignee; and also the names of the passengers with their baggage, and the account of all remaining sea stores. [39]

If any goods are unladed within four leagues of the coast, or within the limits of any district, without authority from the proper officer, except in case of accident or necessity—which must be strictly proved—such goods are forfeited, and the master and mate incur, respectively, a penalty of $1000 for each offence. [40]

If the master refuses to exhibit his manifest and deliver a copy of the same to the boarding officer, or to inform him of the true destination of the vessel, he incurs a penalty of $500 for each offence. [41]

The master must deposit all his letters in the post-office before entering his cargo; and if he shall break bulk before depositing his letters, he forfeits $100 for each offence. [42]

If any merchandise is imported into the United States not contained in the manifest, the master of the vessel forfeits a sum equal to the value of such merchandise; and if any of it belongs or is consigned to the master, or to any officer or seaman on board, it becomes forfeited; unless it shall be made to appear that the omission occurred by accident or mistake. [43]

The master of a vessel arriving from a foreign port must report himself to the collector within twenty-four hours, and within forty-eight hours he must make a further and more particular report, in writing, under penalty of $100; and if he shall attempt to leave the port without entry he forfeits $400. [44]

If any articles reported in the manifest are not found on board, the master forfeits $500, unless it shall be made to appear that the same was caused by accident or mistake.

The master of every vessel bound on a foreign voyage must deliver a manifest of cargo to the collector, and obtain a clearance, under penalty of $500. [45]

The master of every vessel enrolled and licensed in the coasting trade must be a citizen of the United States; and if the vessel trades to any other than an adjoining state, three fourths of the crew must be citizens. If the master of a coasting vessel is changed, such change must be reported to the collector of the port where the change is made. [46]

The master of every coasting vessel must deliver up his license within three days after it expired, or, if the vessel was then at sea, within three days after her first arrival thereafter, under a penalty of $50.

The master of a coasting vessel departing from one great district to another, must deliver to the collector duplicate manifests of all the cargo on board, under penalty of $50; and within forty-eight hours after his arrival at the port of delivery, and before breaking bulk, he must deliver to the collector the manifest certified to by the collector of the former port, under penalty of $100. [47] If the vessel shall at any time be found without a manifest on board, the master forfeits $20, and if he refuses to inform the officer of his last port of departure, he forfeits $100. [48]

Power to sell and hypothecate.—The master has, in certain cases, power to hypothecate the ship and cargo, and also to sell a part of the cargo; and in certain extreme cases a sale of the ship and cargo, made from necessity, and in the utmost good faith, will be upheld. His right to do any of these acts is confined to cases of necessity, in distant ports, where he cannot get the advice of the owner. The safest rule for the master is, to bear in mind that his duty is to prosecute the voyage, and that all his acts must be done for this purpose, and in good faith. If a necessity arises in a foreign port for the repairing or supplying of the ship, he must, in the first instance, make use of any property of the owner he may have under his control, other than cargo. [49] If, however, he has money of the owner in his hands, put on board for the purpose of procuring a cargo, he is not bound to apply this first; but must use his discretion, bearing in mind that all repairs have for their sole object the prosecution of the voyage, which might be defeated by making use of these funds. [50] His next recourse should be to the personal credit of the owner, by drawing bills, or otherwise. [51]

If these means fail, he is next to hypothecate (that is, pledge) the ship (bottomry,) or cargo (respondentia,) or freight, or sell part of the cargo, according to circumstances. If the owner of the ship is also owner of the cargo, the better opinion seems to be, that the master may take whichever of these means can be adopted with the least sacrifice of the owner's interest; though, probably, selling part of the cargo would in almost all cases be the least favorable course for all the purposes of the voyage. [52] If the owner of the ship is not owner of the cargo, the master should bear in mind that he is agent of the former, and has generally no further control over the cargo than for safe keeping and transportation. [53] He should, therefore, first exhaust the credit of the ship and freight by hypothecation; and if these means fail, he then becomes, by necessity, agent for the owners of the cargo for the purposes of the voyage, and may hypothecate the whole, or sell a part, according to circumstances. As to selling part, he should remember that his duty is to carry forward the objects of the voyage, and that selling a large part would probably impair these objects more than hypothecating the whole. [54]

In no case can any of the cargo be sold or hypothecated to repair or supply the ship, unless these repairs and supplies are to be for the benefit of the cargo. The strictest proof is always required that the repairs were in the first place necessary, and, in the next place, that they were for the benefit of the cargo, and not merely for the good of the ship-owner. [55]

A further question arises, whether the master has ever, and when, the right to sell the whole cargo and the ship itself. If it should be impossible to repair the ship and send her on the voyage by any of the means before mentioned, it then becomes the master's duty to forward the cargo to the port of destination by some other conveyance. If neither of these things can be done, then he becomes, from necessity, agent of the owner of the cargo, and must make the best disposition of it in his power. If the goods are perishable, the owner cannot be consulted within a reasonable time, and has no agent in the port, and something must be done with the cargo, and there is no one else to act—then the master must dispose of it in such a way as best to subserve the interest of its owner. He should take the advice of the commercial agent or other suitable persons, should also use his own judgment and act with good faith, and take care to preserve evidence that he has so done. If all these requisites are not complied with, he will incur the danger of having his acts set aside. [56]

The rule as to the sale of the ship is very nearly the same, except that it is, perhaps, still more strict. If all means for repairing the vessel and sending her on her voyage have failed, and a case of absolute necessity arises, the master may make a sale of her. As a prudent man, he should have the sale made, if possible, under the authority of the judicial tribunals of the place. Even this will not, of itself, render the sale valid, but will go far toward sustaining it. He should consult the consul, or other suitable persons; should have a survey made; should take care to have the sale conducted publicly and with the best faith in all parties, and to preserve evidence of the same. Although a person should buy in good faith, yet the sale will be set aside unless it can be shown that there was the strictest necessity for it. The master must not become a purchaser himself, and even if he afterwards buys of one who purchased at the sale, this transaction will be very narrowly watched, and he will be bound to show the very highest good faith in all parties. [57]

The strictness of these rules should not deter the master from acting, where the interest of all requires it, but will show him the risk that is run by acting otherwise than with prudence and entire honesty. He should remember, too, that, in taking command of a vessel, he not only covenants that he will act honestly and with the best of his judgment, but also holds himself out as having a reasonable degree of skill and prudence. [58]

As to the safe keeping, transportation, and delivery of the cargo, the master's duties and obligations are those of a common carrier upon land. He is bound to the strictest diligence in commencing and prosecuting the voyage, a high degree of care both of vessel and goods, and is held liable for all losses and injuries not occasioned by inevitable accident, or by the acts of public enemies. He is answerable also for unnecessary delays and deviations, and for the wrongful or negligent acts of all persons under his command. At the termination of the voyage, he must deliver the goods to the consignee or his agents. A landing upon the wharf is a sufficient delivery, if due notice be given to the parties who are to receive them. He is not, however, bound to deliver until the freight due is paid or secured to his satisfaction, as he has a lien upon the goods for his freight; but the consignee can require the goods to be taken from the hold, in order that he may examine them, before paying freight. In such case they should not go out of the possession of the master or his agents.

Deviation.—The master must not deviate from the course of the voyage. By a deviation is meant, technically, any alteration of the risk insured against, without necessity or reasonable cause. It may be by departing from the regular and usual course of the voyage, or by any unusual and unnecessary delay. A deviation renders the insurance void, whether the loss of the vessel is caused by the deviation or not. It is not a deviation to make a port for repairs or supplies, if there be no unnecessary delay, nor to depart from the course of the voyage in order to succor persons in distress, to avoid an enemy, or the like.

It is the master's duty, within twenty-four hours after arriving at his first port, to make a protest in case of any accident or loss happening to vessel or cargo. The log-book also should be carefully kept, without interlineations or erasures. The master must also enter a protest in case any American seaman is impressed, and transmit a copy of the same to the secretary of state, under a penalty of $100. [59]

Collision.—A vessel having the wind free must make way for a vessel close-hauled. The general practice is, that when two vessels approach each other, both having a free or fair wind, the one with the starboard tacks aboard keeps on her course, or, if any change is made, she luffs, so as to pass to windward of the other; or, in other words, each vessel passes to the right. This rule should also govern vessels sailing on the wind and approaching each other, when it is doubtful which is to windward. But if the vessel on the larboard tack is so far to windward that if both persist in their course the other will strike her on the lee side, abaft the beam, or near the stern; in such case, the vessel on the starboard tack must give way, as she can do so with less loss of time and greater facility than the other. These rules are particularly intended to govern vessels approaching each other under circumstances that prevent their course and movements being readily discerned with accuracy, as at night or in a fog. At other times, circumstances may render it expedient to depart from them. A steamer is considered as always sailing with a fair wind, and is bound to do whatever would be required of a vessel going free. [60]

Pilot.—The master must take a pilot when within the usual limits of the pilot's employment. [61] If he neglects or refuses so to do, he becomes liable to the owners, freighters, and insurers. If no pilot is at hand, he must make signals, and wait a reasonable time. The master is to be justified in entering port without a pilot only by extreme necessity. After the pilot is on board, the master has no more control over the working of the ship until she is at anchor. [62]

Wages, Advances, &c.—The master has no lien upon the ship for his wages.[63] He is supposed to look to the personal responsibility of the owner. He has a lien on freight for wages, and also for his advances and necessary expenses incurred for the benefit of the ship.[64] He can sue in admiralty in personam, but not in rem;—that is, he can sue the owner personally, but cannot hold the ship. It does not seem to be settled in the United States whether the master has a lien on the ship for advances made abroad for the benefit of the vessel.[65] In case of sickness, the master's right to be cured at the expense of the ship seems to be the same as that of the seamen.[66]

CHAPTER III.

THE MASTER'S RELATION TO PASSENGERS AND OFFICERS.

Treatment of passengers. Removal of officers.

Passengers.—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 still further, and includes an implied stipulation against obscenity, immodesty, and a wanton disregard of the feelings. An improper course of conduct in these particulars will be punished by the court, as much as a personal assault would be.[67]

Officers.—The master may remove either of his officers from duty for fraudulent or unfaithful conduct, for gross negligence and disobedience, or for palpable incapacity. But the causes of removal must be strong and evident;[68] and much more so in the case of the chief mate than of the second mate. Any temporary appointments, made by the master, are held at his pleasure, and stand upon a different footing from those of persons who originally shipped in the character in question.[69]

When a man ships in a particular capacity, as carpenter, steward, or the like, he is not to be degraded for slight causes. He stipulates for fair and reasonable knowledge and due diligence, but not for extraordinary qualifications.[70]

The right of the master to compel an officer, who has been removed, to do duty as a seaman before the mast, has never been completely established; but the better opinion would seem to be that he may do it in a case of necessity. Merchant vessels have no supernumeraries, and if the master can show that the officer was unfit for the duties he had undertaken, and thus made it necessary to take some one from the forecastle to fill his place, and that, by this means, the ship had become short-handed, he may turn the officer forward, assuming the responsibility for the act, as well as the risk of justification. He would be required to show a much stronger cause for removing the chief mate than would be insisted upon in the case of a second mate; and probably this necessity for exacting seaman's duty would be held to extend no further than an arrival at the first port where other hands could be shipped.

Nothing but evident unfitness or gross and repeated misconduct will justify the master in turning a person forward who shipped in another capacity, as carpenter, cook, or steward. But in such cases, he undoubtedly may do so. Still, when before the mast, he cannot require of them the duty of able seamen, unless they are such in fact.

CHAPTER IV.

THE MASTER'S RELATION TO THE CREW.

Shipment. Shipping papers. Discharge. Imprisonment. Punishment.

Shipment.—The master of every vessel of the United States, bound on a foreign voyage, and of all coasting vessels of fifty tons burden, must make a contract in writing (shipping articles) with each seaman, specifying the voyage, terms of time, &c.; and in default thereof shall forfeit $20 for every case of omission, and shall be obliged to pay every such seaman the highest rate of wages that have been paid for such voyages at the port of shipment within three months previous to the commencement of the voyage.[71] And when the master ships a seaman in a foreign port, he must take the list of crew and the duplicate of the shipping articles to the consul or commercial agent, who shall make the proper entries thereupon; and then the bond originally given for the return of the men shall embrace each person so shipped. All shipments made contrary to this or any other act of Congress shall be void, and the seaman may leave at any time, and claim the highest rate of wages paid for any man who shipped for the voyage, or the sum agreed to be given him at his shipment.[72]

At the foot of every such contract there shall be a memorandum of writing of the day and hour on which such seaman shall render himself on board. If this memorandum is made and the seaman neglects to render himself on board at the time specified, he shall forfeit one day's pay for every hour he is so absent, provided the master or mate shall, on the same day, have made an entry of the name of such seaman in the log-book, specifying the time he was so absent. And if the seaman shall wholly neglect to render himself on board, or, after rendering, shall desert before sailing, so that the vessel goes to sea without him, he then forfeits the amount of his advance and a further sum equal thereto, both of which may be recovered from himself or his surety.[73]

There is no obligation upon the master to make these memorandums and entries, other than that the forfeitures cannot be inflicted upon the seamen unless they have been made literally according to the form of the statute.

If any seaman who has signed the articles shall desert during the voyage, the master may have him arrested and committed to jail until the vessel is ready to proceed, by applying to a justice of the peace and proving the contract, and the breach thereof by the seaman.[74]

Every vessel bound on a foreign voyage shall have on board a duplicate list of the crew, and a true copy of the shipping-articles, certified by the collector of the port, containing the names of the crew, which shall be written in a uniform hand, without erasures or interlineations. This copy the master must produce to any consul or commercial agent of the United States who shall require it; and it shall be deemed to contain all the conditions of the contract. All erasures and interlineations shall be deemed fraudulent unless proved to be innocent and bonâ fide. Every master who shall go upon a foreign voyage without these documents, or shall refuse to produce them when required, shall forfeit one hundred dollars for each offence, beside being liable in damages to any seaman who may have been injured thereby.[75]

Discharge.—If the master discharges any seaman in a foreign port, with his own consent, he shall pay to the consul three months' wages for every such seaman, in addition to the wages then due to him, two-thirds to go to the seaman upon his taking passage for the United States, and the remainder to be retained by the consul to make a fund for the relief of destitute seamen.[76] The master of every vessel bound to the United States shall, upon the request of the consul, take on board any seaman and transport him to the United States, on terms not exceeding ten dollars for each seaman, under penalty of one hundred dollars for every refusal. He is not, however, bound to receive more than two men to every hundred tons.[77]

The whole policy of the United States discourages the discharge of seamen in foreign ports. If the seaman is discharged against his consent, and without justifiable cause, he can recover his wages up to the time of the vessel's return, together with his own expenses. The certificate of the consul will not, of itself, prove the sufficiency of the cause of discharge. Though the seaman shall have made himself liable to be discharged, yet if he repents and offers to return to duty, the master must receive him, unless he can show a sufficient cause of refusal.[78] If the master alleges, as a cause for discharging a seaman, that he was a dangerous man, it must be shown that the danger was such as would affect a man of ordinary firmness.[79]

In addition to the master's liability to the seaman, he is criminally liable to the government for discharging a mariner without cause. The statute enacts that if the master shall, when abroad, force on shore or leave behind any officer or seaman without justifiable cause, he shall be fined not exceeding five hundred dollars, or imprisoned not exceeding six months, according to the aggravation of the offence.[80]

Notwithstanding these liabilities, the master may discharge a seaman for gross misconduct; yet the right is very strictly construed.[81]

Imprisonment.—The master has the right to imprison a seaman in a foreign port, in a case of urgent necessity, but the power has always been very closely watched by courts of law. "The practice of imprisoning seamen in foreign jails is one of doubtful legality, and is to be justified only by a strong case of necessity."[82] "The master is not authorized to punish a seaman by imprisonment in a foreign jail unless in cases of aggravated misconduct and insubordination."[83] If he does so punish him, he is not permitted to deduct his wages during the time of imprisonment, nor charge him with the expense of it.[84] If the imprisonment is without justifiable cause, the master is not excused by showing that it was ordered by the consul.[85] And, generally, the advice of a consul is no justification of an illegal act.[86]

Punishment.—The master may inflict moderate correction on a seaman for sufficient cause; but he must take care that it is not disproportionate to the offence. If he exceeds the bounds of moderation he is treated as a trespasser, and is liable in damages.[87] In respect to the mode of correction, it may be by personal chastisement, or by confinement on board ship, in irons, or otherwise.[88] But there must not be any cruelty or unnecessary severity exercised. The mode, instruments or extent of the punishment are not laid down by law. These must depend upon circumstances. In cases of urgent necessity, as of mutiny, weapons may be used which would be unlawful at other times; but even in these cases, they must be used with the caution which the law requires in other cases of self-defence and vindication of rightful authority.[89]

It is not necessary that the punishment should be inflicted to suppress the offence at the time of its commission. It may be inflicted for past offences, and to promote good discipline on board. But the reference to by-gone acts should be very clear and distinct, or they will be presumed to have been forgiven.[90] In many cases prudence may require a postponement of the proper punishment. The authority of the master, being in its nature parental, must be exercised with a due regard to the rights and interests of all parties. He has a large discretion, but is held to answer strictly for every abuse of it.[91] The law enjoins upon him a temperate demeanor and decent conduct towards seamen. He risks the consequences if he commences a dispute with illegal conduct and improper behavior.[92] In all his acts of correction, he must punish purely for reformation and discipline, and never to gratify personal feelings.[93] If a master generally permits or encourages disorderly behavior in his ship, he is less excusable for inflicting unusual punishment on account of misconduct arising out of that disorder.[94] If the case admits of delay, and the master does not make proper inquiry before punishing, he takes the consequences upon himself.[95]

This power over the liberty and person of a fellow man, being against common right, and intrusted to the master only from public policy, regarding the necessities of the service, is to be sparingly used, and a strict account will be required of its exercise. The master is responsible for any punishment inflicted on board the vessel, unless in his absence, or when he is prevented by force from interfering.[96] Neither will absence always be an excuse. If he had reason to suppose that such a thing might be done, and did not take pains to be present and interfere, he will be liable. Neither, (as is often supposed,) will the advice, or even the personal superintendence or orders of a consul, or any foreign authority, relieve the master of his personal responsibility.[97] He may ask advice, but he must act upon his own account, and is equally answerable for what he does himself, and what he permits to be done on board his vessel by others. The seaman is entitled to be dealt with by his own captain, under whom he shipped, and whom he may hold responsible at the end of the voyage; and this responsibility is not to be shaken off by calling in the aid of others. In case of an open mutiny, or of imminent danger to life and property, the master may make use of the local authorities; but then he is to remember that he can use them no further than for the purpose of quelling the mutiny, or of apprehending the felon. As soon as his authority is restored, the parental character is again thrown upon him, and all acts of punishment must be upon his own responsibility. He has no right to punish criminally. He has no judicial power. If a seaman has committed an offence further than against the internal order and economy of the ship, and which moderate correction is not sufficient to meet, the master must bring him home, (in confinement, if necessary,) or send him immediately by some other vessel, to be tried by the laws and by a jury of his country.[98]

The practice of subjecting American seamen to foreign authority, or to persons whom they cannot well hold answerable,—like that of foreign imprisonment,—is an odious one, and must be justified by an overpowering necessity.

A recent statute[99] makes it the duty of consuls to exert themselves to reclaim deserters and discountenance insubordination, and authorizes them to employ the local authorities, where it can usefully be done, for those purposes. But this will unquestionably be restricted to the apprehension of the deserter, and the quelling of the revolt or mutiny; and as soon as these ends are attained, the sole responsibility of the master in dealing with the crew will re-attach.

If the master is present while the mate, or any subordinate officer, inflicts punishment upon any of the crew, or if it is inflicted under such circumstances as would raise a presumption that the master was knowing of it, and he does not interfere, he will be held to have adopted it as his own act, and will be answerable accordingly.[100]

In addition to the master's liability to the seamen in damages for abuse of power, he is also liable, as a criminal, to fine and imprisonment. A recent statute enacts, that "if any master, or other officer, of an American vessel, shall, from malice, hatred, or revenge, and without justifiable cause, beat, wound, or imprison any one or more of the crew of such vessel, or withhold from them suitable food or nourishment, or inflict on them any cruel or unusual punishment, every such person so offending shall, on conviction thereof, be punished by fine not exceeding one thousand dollars, or by imprisonment not exceeding five years, or by both, according to the nature and aggravation of the offence."[101] It is held that the word 'crew,' in this statute, includes officers; and accordingly a master was punished for unjustifiably confining and otherwise mal-treating his chief mate.[102]

To constitute 'malice' in the above statute, it is not necessary to show malignity as it is commonly understood, or brutality; but the term, in law, requires no more than a 'wilful intention to do a wrongful act.' An offence is punishable under this act, even although no bad passions came into play, (as hatred, or revenge,) for the term 'malice,' in law, covers all cases of intentional wrong, in their mildest form.[103]

If a seaman desires to lay any complaint before a consul in a foreign port, the master must permit him to land for that purpose, or else inform the consul immediately of the fact, stating his reasons in writing for not allowing the man to land. If he refuses to do this, he forfeits one hundred dollars, and is liable to the seaman in damages.[104]

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]

The chief mate is 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]