American seaman may be lost. the collector, with the other persons composing the crew; nor on account of any such persons dying, or absconding, or being forcibly impressed into other service, of which satisfactory proof shall be then also exhibited to the collector. Character of 203..It is possible for a seaman who ships in a port of the United States or in a foreign port, in the full character of an American seaman, to divest himself subsequently of that character as respects the right to relief and transportation to the United States. The cases in which this may be done will be found in the paragraph relating to these subjects (paragraph 238). It is to be said, however, that a seaman who is entitled to relief is also entitled to transportation. On fishing-vessels. Master is also a seaman, &c. Crew defined. Curtis on Seamen, 5. Discharge of sea men. 204.. American seamen, as above defined, engaged on fishing-vessels are to be regarded in the same relation as seamen on other vessels to the laws in respect to discharge, wages, extra wages, relief, and transportation. 205..A master of an American vessel is a mariner, or seaman, within the intent of the laws relating to discharge, wages and extra wages, and relief and transportation. In case of destitution abroad he is entitled to the same relief as other seamen, and he may be sent to the United States at the public expense. There is no authority, however, for incurring greater expense for his maintenance, clothing, or transportation than is allowed for other seamen; and in no case may a Consular Officer advance money to a master, to be reimbursed by the Government. 206.. The following persons of a ship's company are to be deemed seamen or mariners, in addition to the officers and the crew immediately concerned in the navigation of the vessel, viz: the surgeon, the purser, the cook, the steward or stewardess, the cabin-boy, an apprentice, the carpenter, the cooper, on board whaling or other fishing-vessels, and the engineers and firemen of steam-vessels. DISCHARGE OF SEAMEN. 207..A master of a vessel of the United States, clearing R. S., sec. 4576. from one of its ports, assumes the responsibility of returning all the ship's company to the United States, or of accounting for them in the manner required by law. He cannot lawfully discharge a seaman in a foreign port without the inter 349. vention of the Consular Officer; and it is not material in 7 Op. Atty. Genl. such a case that the discharge is made with the seaman's consent, or that he has misconducted himself, or is not a citizen of the United States. in which seamen are dis charged. 208..The usual cases in which American seamen are dis- Cases charged in a foreign port by Consular Officers, under the provisions of statute and the principles of maritime law, may 450be stated as follows: 1o. For misconduct of the seaman. 2o. On the sale of an American vessel abroad. 3o. Upon the complaint of the seaman that he has fulfilled his contract, or that the voyage has been continued contrary to agreement; and the Consular Officer is satisfied that the contract has expired or that the voyage has been protracted by circumstances beyond the control of the master. 4o. Where the desertion of a seaman has been caused by unusual or cruel treatment. 5o. After a report of inspectors and the vessel is declared unsuitably provided, and the Consular Officer approves the report; and upon the request of the crew, when the master fails to remedy deficiencies in the equipment or stores after a reasonable time. 6o. In consequence of the sickness of the seaman and inability to perform his duties. 7o. By mutual consent of master and seaman. 8o. When the seaman is arrested and awaits trial for an offense against local laws abroad, or is imprisoned for such an offense, or is held as a witness. When also he is sent to the United States as a prisoner or witness. 9o. When one seaman is exchanged for another, or when he is transferred to another vessel in a foreign port, or when he is promoted to be an officer of the vessel, or when an officer is disrated to the grade of seaman. 10o. Under contract providing for his discharge abroad. 11o. When the vessel is wrecked or stranded, or condemned as unfit for service. 12o. When the master is superseded by the majority-owners and a new master appointed; or where he is removed by the Consular Officer. R. S.. secs. 4561, 4580 - 4583, 4250, Certificate of dis charge. 4576. 209. When a seaman is discharged in a foreign port it is R. S., secs. 4551, the duty of the Consular Officer to attach a certificate thereof to the crew list and shipping articles, and also to cause a certificate to be given to the seaman. (Forins Nos. 17 and 18.) The rules respecting the settlement of wages on the discharge of a seaman are to be found in section 4552 of the Revised Statutes. Discharge against Consuls. Grounds of discharge. 210.. Although not provided for by statute, it has been the practice for Consular Officers to discharge seamen, and also officers, on good cause shown, against their consent, on the application of the master; and the exercise of this authority has been sustained by the courts. It is, however, the general policy of the laws of the United States to discountenance the discharge of seamen in a foreign port. When the application for the discharge of a seaman is made by the master, it is the duty of the Consular Officer to inquire carefully into the facts and circumstances, and to satisfy himself that good and substantial reasons exist for a discharge before granting the application. A seaman is not to be discharged for slight or venial offenses, nor for a single offense unless of a very aggravated character. If the seaman is charged with insubordination, it should satisfactorily appear that he is incorrigibly disobedient and will not submit to his duty, and that he persists in such conduct. Gross dishonesty, habitual drunkenness, and a disposition to instigate broils and quarrels to the destruction of the discipline of the crew, have been held to be sufficient ground for discharge. But it is otherwise if the offense is temporary, and if the offender is repentant and is willing to amend and return to duty. Generally, the grounds on which a seaman may be discharged, when insubordination or bad conduct is alleged, are such as amount to a disqualification and show him to be an unsafe or unfit man to have on board a vessel. Except for good reasons and in extraordinary circumstances, seamen should not be discharged at a foreign port when the vessel is homeward bound. 211.. The Consular Officer must be satisfied that the officer or seaman is either absolutely incompetent to perform the work he has contracted to do, that he has been guilty of such acts of insubordination as to make him dangerous to a man of ordinary firmness, or that his habitual misconduct (such as drunkenness, for instance) amounts to unfitness for duty, or, if an officer, that he has been guilty of habitual cruelty. R. S., sec 4250. 212..The statute provides that any person or body-cor- Change of master. porate having more than one-half ownership of any vessel shall have the same power to remove a master, who is also part owner of such vessel, as such majority-owners have to remove a master not an owner. This provision does not apply where there is a valid written agreement subsisting, by virtue of which the master would be entitled to possession, nor in any case where a master has possession as part owner obtained before April 9, 1872. 213.. Consular Officers are occasionally called upon to assist in the removal of a master under this statute. They will not hesitate to lend their services under such circumstances, but it is desirable for their own protection that they should satisfy themselves that the parties applying to them are duly authorized for the purpose. It is advisable also, if there is time to do so, to refer the case to the Department of State for instructions. It is believed that no ruling or decision has hitherto been made as to the exaction of extra wages on such a discharge; but in view of the strictness of the statute in this respect, the safer course no doubt is to require their payment. Duty of Consular Officer. 214.. Cases have occurred in which Consular Officers have, with the subsequent approval of the Department of ter. State, removed masters of vessels, and appointed others in their places to complete the voyage. The exercise of this extreme power has been deemed to be justified by the gross incompetency of the master, endangering the lives of the passengers and crew, his misconduct or collusion with others to the serious injury of the owners or insurers, or when he has been guilty of flagrant tyranny towards the passengers or crew. In other instances the insanity or permanently disabling illness of the master has called for his removal. The gravity of the proceedings will suggest to the Consular Officer that they should be taken only after careful deliberation and for good and sufficient cause; and that they should be promptly and fully reported to the Department. For a Remora of mas Abandonment of seamen. R. S., sec. 5363. Provisions of Statute. R. S., sec. 4580. R. S.. sec. 4580. R. S.. sec. 4582. R. S., sec. 4582. form of oath and certificate on the appointment of a new master, see Form No. 19. 215.. Every master or commander of any vessel belonging in whole or part to any citizen of the United States, who, during his being abroad, maliciously and without justifiable cause, forces any officer or mariner of such vessel on shore, in order to leave him behind in any foreign port or place, or refuses to bring home again all such officers and mariners of such vessel whom he carried out with him as are in a condition to return and willing to return, when he is ready to proceed on his homeward voyage, shall be punished by a fine of not more than five hundred dollars, or by imprisonment not more than six months. ARTICLE XIV. Arrears of Wages and Extra Wages. 216.. The Statutes of the United States provide for the collection of extra wages in the following cases, viz: 1o. When the seaman is entitled to his discharge under any act of Congress, or according to the general principles or usages of maritime law as recognized in the United States. In this case three months' extra wages, in addition to any arrears of wages at the date of discharge, are to be collected. 217..2o. When, however, after a hearing of both master and seaman, the cause of discharge is found to be the misconduct of the seaman, the Consular Officer may remit so much of the extra wages as are payable to the seaman. In this case only one months' extra wages, to be credited to the relief fund, together with the arrears of wages, are to be collected. 218..3o. When a vessel of the United States is sold in a foreign country, and her company discharged. Three months' extra wages, for each seaman discharged, in addition to the arrears of wages, are to be collected. 219.4°. When a seaman, being a citizen of the United States, is, with his own consent, discharged in a foreign country. In this case, also, three months' extra wages, together with the arrears of wages, are to be collected. The clause of this statute respecting the citizenship of the sea |