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prisonment, or alleged embezzlement, they are competent witnesses Thompson v. ship Philadelphia, 1 Pet. Ad. Rep. 210.

Negligence. Seamen's wages are liable for casks stove by negli gence, and also other damages sustained by their misconduct, but the owners cannot retain the wages to answer contingent expenses. Wilson v. Belvidere, 1 Pet. Adm. Rep. 288. Thorne v. White, ib. 168. Ship Washington, ib. 219.

Embezzlement. When the cargo has been embezzled by some of the crew, all are bound to contribute to the loss, although some of them may be absent from the ship at the time. If fixed on an individual, he is solely responsible. Ship Kensington, 1 Peters. Adm. Rep. 239. Knap v. brig Elizabeth, ibid 200. But if the crew have leave by the commanding officer to be absent at night, and goods are stolen, they are not bound to contribute to the loss.

Desertion. If there be no provisions on board, and a mariner goes on shore one day and returns the next morning, this is not such a desertion, as will make him forfeit his wages. Sigard v. Roberts, 3 Esp. N. P. C. 71.

If a master conducts himself in such a manner that a seaman cannot with safety to his person continue on board, this is not such a desertion as will make him forfeit his wages. Limtaud v. Stephens, 3 Esp. N. P. Cases 269. Hull v. Heightman. 5. East Rep. 145.

Where a ship has been cast away, or in a situation wholly incapable of pursuing the voyage, the seamen have a right to quit the ship, and cannot be imprisoned as deserters. Sims v. Mariners of ship Wood

rop Sims, 2 Peters Adm. R. 393.

Ship's Articles. The words in the shipping articles from Baltimore to Curracoa and elsewhere, will not authorize a voyage to St. Domingo. The word elsewhere must therefore be construed in this case as void for uncertainty, although it is not necessary to specify the ports by name, yet there must be some equivalent designation, such as a port or ports, island or islands in the West Indies, or to the Mediterranean or the like. Hoyt v. Wildfire, 3 John. Rep. 518. 2 Bos. & Puller 116.

By a decision in the Commons, pronounced by Sir William Scott, it appears that a neglect of duty, disobedience of orders, habitual drunkenness, or any cause which will justify a master in discharging a seaman during the voyage, will also deprive a seaman of his wages.

It is also said, that in case of disobedience or disorderly conduct in the mariners, the master may correct them in a reasonable manner.

Watson v. Christie, 2 Bos. & Pull. 224. Such an authority may at times be absolutely necessary to the safety of the ship, and of the lives of the persons on board, if not made a pretext for cruelty and oppression. And although actions at law may be brought by a mariner against a master of a ship, who has been beaten or imprisoned, yet courts generally protect the master, if it is proved, that the correction was requisite, reasonable and moderate, and not to gratify revenge.

Masters may in case of disobedience imprison a mariner on board. of the ship for a reasonable time, or in a guard ship, or common jail in a foreign country, or if he has been disobedient, or mutinous, or guilty of dishonesty, or becomes incapacitated to perform his duty by his own improper conduct, he may be discharged, but if a mariner who has been disobedient or mutinous, repents, and offers to make satisfaction and return to his duty, the master is bound to receive him, otherwise he may recover his wages for the whole voyage, or if he wrongfully discharges a mariner, he is liable to an action for damages. Thorne v. White, 1 Peter Adm. R. 168. Atkins v. Burrow, ib. 244. Black v. ship Louisiana, 2 Pet. Adm. R. 268. Hull v. Heightman, 2 East, Rep. 145. See Admiralty, Masters of Ships, Shipping.

Maritime Honors. The maritime honors about which there have been so many disputes, and which have often led to violent acts, and even to war, consist with saluting with cannon; and on this point it is to be determined who shall salute the first, at what distance the salute shall be given, with how many guns, and if the salute shall be re turned-gun for gun; in saluting with the flag or without the pendant, and here is to be fixed on, whether it is to be furled up, lowered, or hauled quite down. In saluting with the sails, by lowering, or hauling down the foretopsail. This last way of saluting is usually made use of by merchantmen, but is also used by vessels of war.

All powers, whether monarchical or republican, may require all foreign vessels, whatever be their number and their quality, to salute with cannon and flag, as well before they enter their ports, as in passing under the cannon of their fortesses. In the latter case, the fortresses return gun for gun, or else, after the salute is finished, fire a salute adapted to the quality of the vessel, or that at the commander; being on the seas under their dominions, to salute the ships of war, with cannon and even with the flag. These points are generally acknowledged. It is easy to perceive how the disputes on the empire, or the liberty of certain parts of the sea, must, at almost every step, create contestations concerning these honors.

On the parts of the sea acknowledged to be free, or belonging to a third power, there is not, generally speaking, any obligations for the vessels of war, saluting one another; therefore it often happens that the salute is entirely omitted. Nevertheless, it is customary for a vessel that carries no more than a pendum (a captain's vessel) to salute a vessel carrying an admiral's flag, and, when the salute is finished, for the admiral to return him six guns less than he has received, the vice admiral four less, and the rear admiral two less; a detached vessel salutes a squadron or a fleet. Royal yessels require republican ones to lower their flags or pendants at the same time that they salute.

England requires that their admirals shall always receive the first salute from all foreign vessels whatever, as well with the cannon as with the flag.

Sometimes the honor of the first salute with cannon is given to persens of distinction who are on board the foreign vessel; to a sovereign, a prince of the blood, or an ambassador. But even this point has not escaped contestation.

Merchantships are obliged to salute all vessels of war, and posts, as well with their cannon, as with their merchant flag and their sails.

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To prevent disputes on points not decided by conventions, it is agreed, sometimes, to omit the salute, either for once or always; or else by instructions given to the commanders at sea; rigor towards friendly powers is voided.

MARITIME LAWS. The most important branches of commerce being carried on by sea, it is necessary to consider the rights of nations on the seas and waters in general. The better to understand these rights, it is essential to distinguish property from empire. The former implies a right to enjoy a thing exclusively, and dispose of it; the latter, a right to demand obedience, respect, and power, from those who make use of it. To claim the sole property of a thing, a person must,-1. Have been able to hold it legitimately; 2. It must have been effectively possessed; and, 3. The claimant must be in a situation to maintain the possession. Empire may be joined to property; but it may be also separated from it; and may extend over a thing which is the property of others, or which belongs to no body in particular, but remains in the primitive state of possession in common. When a nation takes possession of a district, and founds its empire over it, all which is comprehended in such district belongs to the nation. The lakes and rivers which separate the land, are therefore the property of

the state, or of individuals, and are under the empire of the sovereign. A nation may likewise be understood to occupy lawfully the rivers on its frontiers, even to the opposite banks; but if these banks be occupied by another nation, and if it be impossible to determine which of the two has had the prior possession, each, in that case, having equal pretensions, it ought to be presumed that both took possession at the same moment; and consequently that they met in the middle. Every nation, therefore, has a right to property as far as the middle of all the lakes and rivers situated on its frontiers. The same hold good as to straits, a custom, generally acknowledged, extends the authority of the possessor of the coast to three leagues from the shore.

A nation may occupy and extend its dominions beyond these distances, either on rivers, lakes, bays, straits, or the ocean; and such dominion may, if the national security requires, be maintained by an armed force. The empire of a nation on the seas, may extend as far as has been acknowledged by the consent of other nations. It remains then to be considered, whether or not there are such extended limits on the European seas, acknowledged to be under the dominion of a particular nation. Of the bays, straits, and gulphs, some are generally allowed to be free; others are regarded as under the dominions, and, in part, even the property of the masters of the coast; and of others again, the property and dominion is under dispute..

The following parts of the sea are allowed to be free; the Spanish Sea, the Acquitain Sea, the North Sea, the White Sea, the Mediterranean, and the Straits of Gibraltar. The three Straits between Denmark and Sweden, are under the dominion, and looked on as the property, of the King of Denmark; St. George's Channel is under the dominion of Great Britain; the Straits of Sicily has been held to be under the dominion of the King of the two Sicilies; the Gulph of Bothnia is under the dominion of the King of Sweden; the Black Sea, the Bosphorus of Thrace, the Propontis, and the Hellespont, are under the dominion of the Emperor of Turkey; Great Britain claims the dominion, and, in part, the four seas that surround her; Venice claims dominion over the Adriatic, and Geneva the Ligurian Sea.A variety of disputes have arisen as to the Baltic.

The vast extent of the seas which compose the ocean, renders it out of the power of any of the States of Europe to maintain and defend the possession of it. But a nation may renounce the liberty of navîgating the Indian or other seas.

The effects of those rights differs greatly as a nation assumes the privileges of proprietor and of sovereign, or is contented with those of empire only, or requiring maritime honors.

The powers who are masters of the banks of rivers and lakes, have a right to appropriate them exclusively to themselves. In general they forbid foreigners to fish on them; but, with respect to navigation, as it is contrary to commercial liberty generally introduced in Europe, foreigners are now permitted, in time of peace, to navigate freely. This liberty is founded, in part, on treaties, and in some demi sovereign States, on law. But in every case where it is only founded on custom, that does not hinder a nation from making whatever regulations and restrictions it pleases, or from exercising over such parts of its territory all the rights of sovereign dominion.

The sea surrounding the coast, within three leagues of the shore, is entirely the property, and under the dominion of the master of the coast, who has the exclusive right to all its produce, ordinary and accidental; so far as relates to things unclaimed by any lawful proprie tor and may forbid or restrain the navigation of foreigners in his roads, or their entry into their ports; and may there require the maritime honors allowed by custom to those who have dominion over any part of the seas.

"The rights exercised on the sea, near the coast, are also exercised in those straits which are not wider than two common shots, or six miles. Thus, the king of Denmark, by possessing the property and dominion of the navigable part of the sound, claims not only the maritime honors due to him as sovereign, but a toll for the liberty of passing; a payment which has now been secured and fixed by treaties.See Wrecks.

MASTER OF SHIPS is the person entrusted with the care and management of it. Formerly the master was in almost every instance a part owner of the ship, and in consequence in a twofold character in the faithful discharge of his duty, the law of some countries require a previous examination of the person to be appointed, in order to ascertain his nautical experience, which if made in general in every country the lives as well as many ships and cargoes would be saved, at present many masters of great nautical skill and knowledge continue out of employ, while others with interest without any experience procure the command of vessels.

The master of a ship may subject the owners to all charges for re

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