2.
The captains in the navy of the United States, are officers appointed
by government. Those who are employed in the mercantile service, have
not strictly an official character. They are appointed or employed by
the owners on the vessels they command.
3.
It is proposed to consider the duty of the latter. Towards the owner of
the vessel he is bound by his personal attention and care, to take all
the necessary precautions for her safety; to, proceed on the voyage in
which such vessel may be engaged, and to obey faithfully his
instructions; and by all means in his power to promote the interest of
his owner. But he is not required to violate good faith, nor employ
fraud even with an enemy. 3 Cranch, 242.
4.
Towards others, it is the policy of the law to hold him responsible for
all losses or damages that may happen to the goods committed to his
charge; whether they arise from negligence, ignorance, or wilful
misconduct of himself or his mariners, or any other person on board the
ship. As soon, therefore, as goods are put on board, they are in the
master's charge, and he is bound to deliver them again in the same state
in which they were shipped, and he is answerable for all losses or
damages they may sustain, unless it proceed from au inherent defect in
the article, or from some accident or misfortune which could not be
prevented.
5.
It may be laid down as a general rule, that the captain is responsible
when any loss occurs in consequence of his doing what he ought not to
do, unless he was forced by the act of God,. the enemies of the United
States, or the perils of the sea.1 Marsh. Ins. 241; Pard. n. 658.
6.
The rights of the captain are, to choose his crew as he is responsible
for their acts, this seems but just, but a reasonable deference to the
rights of the owner require that he should be consulted, as he, as well
as the captain, is responsible for the acts of the crew. On board, the
captain is invested with almost arbitrary power overthe crew, being
responsible for the abuse of his authority. Ab. on Sbipp.162. He may
repair the ship, and, if he is not in funds to pay the expenses of such
repairs, he may borrow money, when abroad, on the credit of his owners
or of the ship. Abb. on Sh. 127-8. In such cases, although contracting
within the ordinary scope of his owers and duties, he is generally
responsible as well as the owner. This is the established rule of the
maritime law, introduced in favor of commerce it has been recognized and
adopted by the commercial nations of, Europe, and is derived from the
civil or Roman law. Abbott, Ship. 90; Story, Ag. 11 6 to 123, 294;
Paley, Ag. by Lloyd, 244; 1 Liverm. Ag. 70; Poth. Ob. n. 82; Ersk. Inst.
3, 3, 43; Dig. 4, 9, 1; Poth. Pand. lib. 14, tit. 1; 3 Summ. R. 228.
See Bell's Com. 505, 6th ed; Bouv. Inst. Index, h. t.
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