Willendson, versus, The Försöket. SEAMEN'S WAGES. THE claimant, a foreign seaman, and one of the crew of a Danish ship, belonging to Altona, cited the master on a claim for wages. Although bound by the articles to return to Altona, the seaman alleged a discharge at Philadelphia. The captain denied the discharge, and charged the mariner with desertion, for more than twenty-four hours, which, by the Danish laws, forfeited wages. He had refused to admit the seaman into the ship, and the sailor staid on shore at lodgings for a considerable time: there were faults on both sides; but the master now offered to take him again on board, on his promise of good behaviour in future, and to forgive all past offences. 1801. the court as to foreign Practice of seaman. It was insisted, that this was a case in which the court ought to interfere, the contract being at an end, by the alleged discharge, and the sailor, in a Danish court, would not have the benefit of the proof of which he was here possessed, to repel the charge of desertion, and support his alleged dis- Rule of the charge. Judge. It has been my general rule not to take cognizance of disputes between the masters and crews of foreign ships. I have commonly referred In some very peculiar them to their own courts. court, not to take cogni zance of dismasters and crews of foexcept in spe putes between reign ships, cial cases. VS. master to carry home his crew. SEAMEN'S WAGES. Willendson tect them against oppression and injustice; and in The Försöket. cases where the voyage was broken up, or ended here, I have compelled the payment of wages. Masters too have always been assisted in recovering deserters, and reducing to obedience perverse and rebellious mariners; these must be restored only to the ship from which they abscond. Under pretext of carrying home deserting seamen, attempts have been made to increase the force, by adding to the numbers, of an armed belligerent ship. Neither assistance or permission should be afforded for this purpose in a neutral territory. In the case now before me, I see no cause to warrant my tak. Duty of the ing cognizance. It is the duty of the master to return the seaman to his own country. This he offers to do. It is my duty, from motives of justice, and reciprocal policy, to discourage foreign seamen under engagements to perform their voyage, from breaking their contracts, with any views of obtaining higher wages, or from other unjustifiable motives, quitting the service in which they are engaged. Reciprocal policy, and the justice due from one friendly nation to another, calls for such conduct in the courts of either country. Whatever ill-humours or misconduct may have prevailed between the parties in this suit, the master now places the matter on a reasonable ground. He must give the sailor a certificate of forgiveness of past offences, to avail him in his own country. If he takes the seaman on board, and there shall appear no deception in the present offer, I shall not further interfere, but dismiss the suit. If any difference should hereafter arise, it must be settled by a Danish tribunal. Master or dered to give certificate of forgiveness, and receive the seaman a him on board. SEAMEN'S WAGES. 08. The Försöket. It was stipulated on the part of the captain, by Willendson authority from the Danish consul, that the master should bona fide comply with his engagement, and pay the sailor's debt for boarding, to be deducted out of his wages. SEAMEN'S WAGES. Reuben Knap and others, versus The brig Eliza and Sarah. 1802. The mate and two hands THE mate, with two hands, were sent from the ship on a special mission, in the boat. The mate detached one of the hands from the boat lying at the quay, on the business of the ship. He, the on shore, with mate, and the other seaman, ought to have taken care and charge of the boat: but he first, and then were sent from the ship the boat. One of the hands was detached on the business of the ship, from the boat. The mate first, and then the other seaman, and it was stolen. The ed is not responsible, but the whole is chargeable to the mate the seaman, left the boat, on their own affairs. The boat was stolen. Judge. The sailor detached is not responsible. The loss must fall on the mate, and the other negli wages, left the boat; gent seaman. Sailors taken by pirates or enemies, when on special mission, are entitled to wages for sailor detach the voyage. They have this advantage separate from those in the ship; who lose their if captured in the ship; they must therefore be separated in cases of negligence. The loss must fall on and the negli- such of the sailors as are in fault; and those in the ship must not partake in retributing the owner. The seaman in the business of the ship, sent from the boat, was the only hand in execution of the mission. The mate and the other seaman abandoned their duty, and must bear all the consequences of their fault and gross negligence. gent seaman. Jones, versus The brig Phoenix. SEAMEN'S WAGES. THE log-book was offered as incontrovertible proof of desertion by a sailor. The captain, in the absence of the mate, was produced to prove the entry, and other facts. Court. The log-book is, by act of Congress, made legal evidence in proof of desertion, but is not incontrovertible and conclusive. It ought not to be admitted to any fact, but that in which the act of Congress permits it to be evidence. Independent of the plain construction of the act, there are other objections. I have seen attempts to deceive by such entries. In one case it was proved before me, that the captain had made an entry in the log-book, in a blank accidentally left by the mate, of a seaman's desertion. On a careful and clear investigation it was proved that the entry was false in point of fact, and calculated to gratify a malicious, personal antipathy. I have generally been averse, as I am in this case, to admitting masters of ships as witnesses, in disputes with mariners. I do not believe, or suspect, that masters of ships are liable to any more or peculiar objections, than any other class of citizens. But it so happens, from their situation, that differ-ences and disputes, and consequently strong prejudices, most commonly originate between the master and mariners; and the merchant is governed by the D d |