He commands in the absence or disability of the captain; and, in case of his death, succeeds, for the time being, to his station as matter of course, without any action on the part of the remainder of the crew. He has a general superintendence over everything that concerns the vessel's service, and also has to notify the master of whatever requires attention. He superintends the receiving and stowing, and delivery of the cargo.

At sea, he superintends the sailing; and here he is the representative and aid of the master. He must keep the log-book, in which he should make a faithful and minute journal of the voyage, showing everything which occurs; such as the course of the voyage, direction of wind, the sail she is under at any time, and every accident or occurrence on board the vessel, during the voyage. The importance of this sort of journal cannot be too highly estimated by a faithful seaman. It is made by the law of some countries of equal authenticity with notarial documents; by the British Merchant Shipping Act, 1854, it is, in many instances, direct evidence of facts; and it is at all times of great consequence upon questions of general average, insurance, salvage, and other controversies in which the ship or owners may be involved in time of peace, and the predicaments in which the vessel may be found in time of war. In keeping the log it is customary for each officer of the watch to enter everything worthy of note occurring during the watch upon the log-slate, and once in twenty-four hours the mate copies it into the log-book, after it has been examined and corrected by the master. The mate should, in performing this duty, take care to enter all essential occurrences of the voyage, subject, of course, to correction by the master, but still so as to preserve his character as an independent journalist.

He must be qualified, in point of general capacity, for the office of master, and therefore ought to be skilled in navigation and general seamanship, and competent to work the ship on her voyage. He should have a dignity

of character, which will keep him from too great a familiarity with the crew, and he should avoid making them the confidants of any subject of discontent he may have with the master.

He takes charge of the larboard watch at sea; and in port, where he stands no watch at night, he takes care of the ship, keeps an account of the cargo as it is received and delivered, and superintends its stowage and breaking out.

In working the ship, the mate takes his station on the forecastle, and commands the forward part.

The second mate, in port, is expected to join in the work about the ship, similar to that performed by the seamen. In getting under weigh and in reefing, the second mate works with the men, superintended by the mate. During the starboard watch, the second mate commands the deck during the absence of the captain. Although the master himself stands no watch, but comes and goes at all times as he chooses, yet the starboard is sometimes called the captain's watch, probably from the fact that, in the early days of the service, when vessels were smaller, there was usually but one mate, and the master stood his own watch. He also has the particular charge of the spare rigging, working tools, ship stores, &c. In receiving and discharging cargo, he superintends in the hold, and the mate on deck. If the cargo is taken by boats or lighters, he goes in the boats. The second mate does not, of course, succeed to the station of mate in case of his death or removal; that depends upon the decision of the master. Where a second mate succeeds the mate, he is entitled to the compensation of chief

mate.

*

The mate in that respect is on a different footing. He succeeds, of course, to the station of the captain, and his extra compensation for his services in such capacity,

Dana's Seaman's Friend, 133.

can be recovered of the owners. In the absence of the captain, he takes command; and if a sailor be wrongfully dismissed by him, the owners are liable as an act of their agent. He may forfeit his right to command, and his wages from incapacity or fraud, want of fidelity, illegal conduct, wilful disobedience, or repeated negligence. The proof, however, must be strong and conclusive.

If a mate be temporarily appointed by the master, he stands on a different footing from one who shipped as mate, and may be removed at the pleasure of the captain. A mate when ill is entitled to be cured at the expense of the ship, in the same manner as the seamen.*

When the master is on board, the right to inflict punishment pertains exclusively to him; and it cannot be lawfully exercised by any subordinate officer, even for improper behaviour to himself personally, without the authority or sanction of the master, express or implied. But in those cases which sometimes occur, where instant obedience to the orders of the mate is necessary, such as orders to take in sail in a sudden squall, or to cut away the rigging or spars, or to go aloft on a sudden emergency, the mate may instantly enforce obedience by the application of all the reasonable force required to produce prompt obedience. But such an exercise of authority is to be justified by necessity alone; and the force so used is not so much a punishment for the offence of disobedience as it is a means of compelling the performance of a present duty, admitting of no delay. Not only is the general authority to inflict punishment on shipboard restricted to the master, without any power of delegation to another, but he is bound to prevent, as far as he is able, any undue exercise of authority by his subordinate officers, and any abuses, injuries, and trespasses by them. If he is present when any such officer takes it upon him

* Dixon's Merchant and Shipmaster's Guide, New York, 75; The Brig George, 1 Sumner's (U.S.) Reports, 151.

self to inflict punishment upon a mariner, if he do not interfere to restrain it, he will be deemed to have assented to and encouraged it; and if it was improper in its nature and character, or unjustifiable under the circumstances, he will be held responsible in damages. He cannot excuse himself on the ground of courtesy to his officers, or of the supposed necessity of upholding their authority and the discipline of the ship. He is bound, it is true, to support his officers in the proper discharge of their duties, and to maintain the discipline of the ship; but he is also to take care that the crew are not made victims to the passions, insolence, or caprices of the officers under his command.*

Amongst the most important of a chief mate's duties is an exercise of due vigilance, care and attention to preserve the cargo from robbery. He is not responsible for every embezzlement or loss that may occur, otherwise a responsibility would be entailed upon persons filling that capacity which could not adequately be discharged. He is bound, however, to exercise due care, caution and diligence; and if notwithstanding a robbery should be committed, without any neglect of duty on his part, he would not be responsible. †

6

A learned Admiralty Judge of one of the United States Courts, in a case where a master had displaced a first mate, used this language: When I first came into this court, I found it taken for granted that the captain had a legal right to displace the mate for just cause. I have seen repeated instances, where the exercise of this power was necessary for the safety of the ship; and I have examined into many cases, wherein it had been executed from arbitrary, capricious and improper motives. It is established by the maritime laws, and so it ought to be, that the captain must be supreme in the ship. His

* Dixon's Merchant and Shipmaster's Guide, New York, 75; The Brig George, 1 Sumner's (U.S.) Reports, 151.

†The Duchess of Kent, 1 W. Robinson's Admiralty Reports, 285.

C

lawful orders must be obeyed. But when a contract is in question, the law, by its proper courts, will see that it is not vacated, for any other than legal, reasonable, and necessary causes. The courts will control and examine the powers and conduct of the master. He is authorised to give all commands for the navigating, government and safety of the ship; but he has no authority to nullify a contract at his will or for light and trifling causes. A contract is a solemn engagement, not to be vacated with out the consent of all parties, or on considerations on which the law must decide, through the tribunal established to make such decisions.

The mate is a respectable officer in the ship, and generally chosen with the consent of the owners; he is under the orders of the master in his ordinary duty; but his contract is not subject to arbitrary control. He may forfeit his right to command and to wages by fraudulent, unfaithful and illegal practices; by gross and repeated negligence, or flagrant, wilful and unjustifiable disobedience; by incapacity, brought on him by his own fault, to perform his duty, or palpable want of skill in his profession.

The safety of the ship often depends on this officer, who is sometimes more trustworthy and capable than the master; and commonly placed by the owners to increase the security of their property. In case of the absence, incapacity or death of the captain, the command and responsibility devolve on the mate. The causes of removal should, on all these occasions, be evident, strong and legally important."*

Officers are justly the objects of at least equal attention from the courts as common mariners, inasmuch as an injury done to their character is of wider extent and is attended with consequences of a more serious nature. †

*Judge Peters in Atkins v. Burrows, 1 Peters' (U.S.) Reports, 242. The Exeter, 2 W. Robinson's Reports, 261.