Shipowner

“ It is obvious that, when a ship carrying a cargo is in the course of a voyage, the master to some extent represents the owners of both ship and cargo. In cases of emergency it may be necessary that the master should, without waiting for authority or instructions, incur expense or make sacrifices as agent not only of his employer, the shipowner, but also of the cargo-owner. Ship and cargo may be in peril, and it may be necessary for the safety of both to put into a port of refuge. ”

“ Experience teaches us that shipowners may be trusted to quickly adopt every modern means to work their ships economically, and to adapt them to the trades they serve; but do our port authorities equally recognise their duties to provide the most up-to-date methods and machinery for the handling of our cargoes? ”

“ Services of a crew must be rendered with whatever equipment the shipowner supplies. Such seamen are not expected to supply maritime or loading equipment and it is only fair for the law to subject shipowners to an absolute liability to them for the unseaworthiness of the shipowner's ship or equipment. ”

“ Transportation of a cargo by water is impossible or futile unless the thing to be transported is put aboard the ship and taken off at destination. A stevedore who in person or by servants does work so indispensable is as much an agency of commerce as shipowner or master. ”

“ Ballin held the view that, just as the shipbuilding expert had to watch the progress of naval architecture and to make practical application of its results, and just as the merchant had to exploit this progress for the benefit of his business, the shipowner—especially the one who maintains a service of passenger boats—has the special task of making every step in the direction of further advance serviceable to the needs of the passengers. ”

“ For us shipowners protection has been a failure. I repeat that the merchant marine is at its lowest ebb.
"Shipmaster: Well, let us raise the surtaxe, and let the shipowner who now exacts 30 francs from the public for his freight, charge 40. ”

“ Shippers doubtless expected considerable profits from the sale of the outward cargo, but their controlling motives in chartering the ship were the anticipated profits of the return voyage from the blockaded port. Shipowners were also deeply interested in the success of the adventure, as they were to receive double the amount for freight if the outward cargo was landed at the port of primary destination. ”

“ They are the owners, and I believe I know Hakluyt & Son; pair of rogues, as all shipowners are, but they are rich, if they are the people I take them for; anyhow it's a good find. We know the owners. You see, a schooner is not a thing you can pick up like a purse and put in your pocket. Unless you run her into a port where there is no law and sell her for the price of old truck what are you to do with her? Change her name? Well, what about your papers and your log, and how are you going to muzzle your crew, even if they are Kanakas? You have boards of trade and port officers everywhere. ”

“ Shipping may be divided into two classes, both of which are of national importance. The liners, which comprise fixed services of passenger and cargo [Pg 75] ships. These services must be maintained, and new tonnage built at whatever cost to replace lost ships. The other class is our cargo ships. Many of these conduct regular services; others are what are known as “tramps,” and go where the best freights offer. It is the owners of the tramp steamers who have realised large profits by selling their ships. ”

“ The captain was expected to “break his orders in any part,” if he could drive a better bargain than his employer had been able to foresee at a distance of ten thousand miles from the market. Merchants as well as navigators, the old-time shipmaster found compensation for these arduous responsibilities in the “privileges” which allowed him a liberal amount of cargo space on their own account, as well as a commission on the sales of the freight out and back. His own share of the profits of two or three voyages to the Far East might enable him to buy and ship and freight a vessel for himself. ”

“ Merchants were busy fitting away their ships to every quarter of the globe; the piers and wharves were lumbered with goods and produce of every description; the work was busily carried on night and day; fabulous prices were paid to laborers; in many cases the cargoes were thrown on board, tumbled into the hold, or piled on the decks, and the ship was "cleared" at the custom house, got under weigh, and anchored in the offing, where, beyond the jurisdiction of the United states, her stores and what remained of her cargo were SMUGGLED on board at leisure. ”

“ The injury to the vessel may be so great and the necessity so urgent as to justify a sale, and under such circumstances, the master becomes the agent of all concerned, and is required to act for their benefit. The sale of a ship becomes a necessity within the meaning of the commercial law, when nothing better can be done for the owner, or those concerned in the adventure. If the master, on his part, has an honest purpose to serve those who are interested in ship and cargo, and can clearly prove that the condition of his vessel required him to sell, then he is justified. ”

“ A seaman is not presumed to have any knowledge of the intricate deals his owners may put through. All he knows is that he is employed aboard a ship, and if he doesn't get his money from the charterers at the completion of the voyage he can libel the ship and collect from the owners. This is a fine new steamer, men, and I, for one, believe she is good for what is owing you all; and if you will assign your claims to the Pacific Shipping Company I will pay them in full and trust to the Blue Star Navigation Company to reimburse me.' So they did that. ”

“ Unless the ship herself is let to hire, and the owner parts with the possession, command, and navigation of the same, the charterer or freighter is not to be regarded as the owner for the voyage, as the master, while the owner retains the possession, command, and navigation of the ship, is the agent of the general owner and the mariners are regarded as in his employment and he is responsible for their conduct. ”

“ Owners of vessels, employed as such carriers, must see to it that the master is qualifies for his situation, as they are responsible for his want of skill and knowledge in that behalf and for his negligence and bad seamanship. In the absence of any special agreement to the contrary or exception in the bill of lading or contract of shipment, his duty extends to all that relates to the loading as well as the safekeeping, due transportation, and right delivery of the goods, and for the faithful performance of all those duties the ship is liable as well as the master and owners. ”

“ Its commerce is speculative but vast and successful. It is a frequent circumstance that a ship goes out without a cargo for a voyage around the world. In such a case the captain puts his elder children to school, takes his wife and younger children and starts for some semi-barbarous place where he procures some odd kind of cargo which he exchanges with advantage for another somewhere else; and so goes trafficking around the world, bringing home a freight of the highest value. ”

“ Every seaman on a vessel of the United States shall be entitled to receive on demand from the master of the vessel to which he belongs one-half part of the wages which he shall have then earned at every port where such vessel, after the voyage has been commenced, shall load or deliver cargo before the voyage is ended and all stipulations in the contract to the contrary shall be void: Provided, such a demand shall not be made before the expiration of, nor aftener than once in five days. ”

“ Clearing a cargo from an English port was a complicated process. When the goods were brought down to the wharf they were taken over by the packer and his underlings, whose duty it was to pack them and enter them at the custom-house, giving a true inventory of the contents of the bales. The merchant having paid the duties to the customers, the latter sent ‘cocketts’ or tallies for the same to the searcher, who searched the ship to see if they were true. ”

“ A vessel was a community venture, and the custom still survives in the ancient ports of the Maine coast where the shapely wooden schooners are fashioned. The blacksmith, the rigger, the calker, took their pay in shares. They became part owners, as did likewise the merchant who supplied stores and material; and when the ship was afloat, the master, the mates, and even the seamen, were allowed cargo space for commodities which they might buy and sell to their own advantage. Thus early they learned to trade as shrewdly as they navigated, and every voyage directly concerned a whole neighborhood. ”

“ But, if we are insistent in our search, we may borrow from the naval charters, and read that not all the glory of our sea-history lies with the thunder of broadsides and the impact of a close boarding. Engagement with the elements—a contest with powers more cruel and implacable than keen steel—efforts to further able navigation, the standard of our seamanship—drew notable recruits to the humbler sea-life. The small crews and less lavish gear on the freighters brought the essentials of the sea-trade to each individual of the ship's company. ”

“ The third section of the Harter act provides that, 'if the owner of any vessel transporting merchandise or property to or from any port in the United States of America shall exercise due diligence to make the said vessel in all respects seaworthy and properly manned, equipped, and supplied, neither the vessel, her owner or owners, agent or charterers, shall become or be held responsible for damage or loss resulting from faults or errors in navigation or in the management of said vessel.' 27 Stat. ”

“ Every master of any vessel of the burden of fifty tons or upward, bound from a port in one State to a port in any other than an adjoining State, except vessels of the burden of seventy-five tons or upward, bound from a port on the Atlantic to a port on the Pacific, or vice versa, shall, before he proceeds on such voyage, make an agreement in writing or in print, with every seaman on board such vessel except such as shall be apprentice or servant to himself or owners, declaring the voyage or term of time for which such seaman shall be shipped. ”

“ The captain receives payment, whether in cash or commodities, and weighs the camwood, or measures the palm-oil, at the merchant's store. If credit be given, the merchant is responsible, and receives a perquisite of five per cent on all sales. The captain takes up his residence on shore, and sends for goods from his vessel, as they are wanted; while the mate and crew remain on board, to despatch and receive the cargo. Every vessel has in its employ several Kroomen, by whom all the boat-service is performed. ”

“ This enabled me to take my seat at the table with an easy conscience, for though there can be no doubt as to the humanity and hospitality of the British shipmaster, the British ship-owner, on the other hand, I have always heard spoken of as a person eminent for thrift and economy, as is made manifest by the slenderness of the crew he ships, the unsavoriness of the provisions he supplies them with, and the very small wages he gives to his captains and mates. ”

“ And be it further enacted, That the owner or owners of all vessels licensed for fisheries, or those bound on a whaling voyage, and having no other cargo than necessary sea stores, salt, and the usual fishing tackling and apparel, shall give a general bond in four times the value of the vessel and cargo, that they will not, during the continuance of this act, proceed to any foreign poer or place, and will return with their fishing fare to some port or place within the United States. ”

“ The safest rule for the master is, to bear in mind that his duty is to prosecute the voyage, and that all his acts must be done for this purpose, and in good faith. If a necessity arises in a foreign port for the repairing or supplying of the ship, he must, in the first instance, make use of any property of the owner he may have under his control, other than cargo. ”

“ After a voluntary sacrifice of part of the adventure, and a consequent escape of the rest from imminent peril, the owner of the ship, or in his absence, the master as his agent, has the duty of having an adjustment made of the general average, and has a maritime lien on the interests saved, and remaining in his possession, for the amount due in contribution to the owner of the ship ”

“ Previous to the cargo being admitted to [Pg 148] entry, free from the duties imposed on the produce of foreign fishery, the owner, importer, or consignee of the cargo, together with the master or commander of the vessel, must severally make oath, each to the best of his knowledge and belief, that the said cargo was the produce of fish, etc., actually caught by the crew of a British-built vessel, wholly owned by her Majesty’s subjects, usually residing in Great Britain, etc., registered and navigated according to law. ”

“ On the other hand, the Mercantile Marine remained, and still remains, individualistic, each merchant ship-owner, or company of ship-owners, building the sort of vessel best adapted to the particular enterprise in hand. Thus we have sailing from our ports, ships of all descriptions, ocean-going liners carrying passengers, cargoes and mails, as well as tramps, colliers, cold-storage vessels, and an infinity of other types. ”

“ The owner of the vessel is bound by his contract to carry the goods. If the perils of the sea require a transshipment, it is his privilege and duty to make it. But if there be a difficulty in obtaining a vessel, the master is not bound to pay an excessive freight. ”

“ Where the owner of a vessel charters her, or offers her for freight, he is bound to see that she is seaworthy and suitable for the service in which she is to be employed. If there be defects known, or not known, he is not excused. ”