SEAMEN

PART FIRST.

CHAPTER I.

OF THE DISTINCTIVE PROFESSIONAL AND NATIONAL CHARACTER OF MERCHANT SEAMEN.

THE true definition of a mariner, within the contemplation of the maritime law, does not perhaps include all persons who may perform labor, or render services for hire, on board the vessel. On the other hand, the definition of a sailor, given by Valin,' has reference to the municipal regulations of the French Ordinance, which required the enrollment of all the seamen of the kingdom, and divided them into classes, and contemplated a certain degree of seamanship. It is therefore to be taken in a more restricted sense than the general meaning of the term mariner, or seaman, in our jurisprudence. But although our inquiries in this Treatise will not be limited to the rights and duties of those who are merely em

1 "Un matelot est un homme de mer, qui a acquis une expérience suffisante au fait de la manœuvre d'un vaisseau." VALIN, Tom. i. p. 509.

ployed in the navigation of the vessel, it seems proper to comprehend in our definition only those who are either employed-in-the actual service of the navigation, or whose services are necessary, or at least contributory to the preservation of the vessel, or of those who are employed in navigating her.' Following this definition, we shall probably be led to the right classification of the persons who are, or are not, for the purposes of such a treatise, to be deemed mariners. There is also another guide, coincident with the rule just stated, and in some measure founded upon it: namely, the classes of persons who have been deemed mariners or seamen, by the Courts of Admiralty, to the intent of founding their remedy for their wages in that jurisdiction. The single case of the master does not seem to depart from the general rule above given; because he is excluded from the admiralty jurisdiction in rem, as to his wages, for reasons peculiar to his office, not because his services are in part of a different nature from those of the common sailor; and besides, the admiralty courts, in this country, entertain his suit in personam.2

The following classes of persons may therefore be enumerated as falling within the proper scope of our inquiries. The first consists of those who by the universal assent of the maritime world, and in all jurisprudence, are placed under the general definition of mariners, being concerned in the actual business of the navigation; as

"Nautam accipere

1 Trainer et al. v. The Superior, Gilpin's R. 514. debemus, eum qui navem exercet, quamvis nautæ appellantur omnes, qui navis navigandæ causâ in nave sint." ULPIAN, (cited in the notes to Abbot on Shipping, p. 91, edit. 1829.)

2 Willard v. Dorr, 3 Mason's R. 91.

the MASTER, the MATES, the PILOT,' and the SEAMEN of every rank, whether they are common sailors, or hold an inferior official station, as that of Boatswain, Coxswain, &c. The second class comprehends persons in regard to whose maritime character difficulties may be or have been felt; but all such as I shall enumerate under this head, will either appropriately fall under the general test of services contributory to the preservation of the vessel or of those employed in navigating her, or have been specifically treated by the courts as belonging to the general class of mariners. They are the SURGEON;2 the PURSER the Cook and STEWARD; the CABIN BOY; the CARPENTER," who frequently acts as a common sailor; the COOPER on board whaling or other fishing vessels ;6 and the ENGINEERS and FIREMEN on board steam vessels navigating the high seas."

It is quite obvious that there may be a third class of persons performing various services for hire on board a vessel, in regard to whose contracts considerable difficulties would arise upon the question of whether they would

1 By pilots are here meant, both the pilot as an officer of the vessel, and the general pilot of the coast; each of whom is properly a mariner; or as they are called by Valin, the sea-pilot and the coast-pilot; (Tom. I. p. 483.) See also The Anne, 1 Mason's R. 508; Hobart v. Drogan, 10 Peters's R. 108. * Mills v. Long, Sayer, 136; Shaw v. The Lethe, Bee's Ad. R. 424; The Lord Hobart, 2 Dodson's Ad. R. 100, note.

The Prince George, 3 Hag. Adm. R. 376.

Black v. The Louisiana, Peters's Adm. Decis. 268; Turner's Case, Ware's Adm. Decis. 83.

• Wheeler v. Thompson, 1 Stra. 707; The Lord Hobart, 2 Dodson's Ad. R. 100.

• Macomber et al. v. Thompson, 1 Sumner's R. 384; U. S. v. Thompson, ib. 168.

7 Wilson v. The Steamboat Ohio, Gilpin's R. 505.

come within the admiralty jurisdiction; such are all servants, of either sex, hired for the accommodation and to wait on the persons of passengers, or to perform any duty not defined under the general principle before stated. Whether or not their contracts would probably be cognizable in the admiralty, will be for future consideration. At present, it is merely necessary to remark, that they have not usually been included under the general description of mariners.

It may here be remarked, that the general principles of the mariner's contract, rights and duties, as they will be hereafter discussed without specific exceptions or applications, comprehend most of the first two classes of persons above enumerated. It will also be a part of my design to develop and define particular rights and duties, and to point out the limitations and exceptions to the general principles.

These general definitions seem to be all that it is necessary to premise, concerning the professional character of mariners. The remaining topic of this chapter, the national character of seamen, will occupy us with a brief summary of existing statute regulations, after a single preliminary remark.

The policy of different maritime nations, in regard to the manning of their public and private marine, has varied at different times and under different relations with the rest of the world.' But it is altogether a matter of national policy, in time of peace. There is no principle of the general maritime law, and no custom of the com

1 In France, it was for a long period, and I believe still is, the policy of the government to induce foreigners to enter both the King's and the merchant service. See Valin, Tom. i. p. 558.