The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1824-03-16
JUDICIAL.

JUDlOlAL,
MARITIME LAw.-The second volume Of
Mason's Reports, which have just issued from
the press contains the case Of Harden u.s.
Gordon, decided by Mr.. Justice Story ID the
Circuit Court Of the u. S. held al Wiscasset
October 1928. AS this case establishes a
principle Of great Importance to Merchants
and Mariners, we hasten to lay before our
readers the following abstract
This was a suit in the admiralty for sub
traction of wages brought jointly against the
master and owner of the Brig Enterprise, by
the libellant who was mate of the vessel on a
voyage from Portland 10 Guadaloupe and back
TO the United States. The case ultimately
turned upon the claim of the Libellant for ex-
pences incurred during his sickness in for
eign port in the course of the voyage, and
the principal questions presented to the Court
were
|. Whether by The general principles IF
maritime law, such a claim constitutes a
rightful charge upon the ship, which the mas
ter and owpers may be compelled to defray.
/ 2. Whether if the maritime law create
such charge, il has not been abolished by our
own navigation laws or
| 3. Whether, it has not been removed in
the present case by the express stipulations,
or acts Of the parties.
/ There were other questions in the case re-
lating to the jurisdiction of the Court. aud the
{ forms of proceeding in admiralty but they
were all decided in favour of the Libellant,
and are interesting only to the Profession.
On the first point, the Court held that the
! Nf oil in he
course of the voyage, is charge on the ship
by the general maritime law; and 10 this
charge are included not only medicines, and
medical advice, but nursing, diet, and lodging
| if the seaman be carried ashore.
| On the second point, which the Court ad-
mitted to be one Of no little embarrassment
and difficulty, it was decided that the Acts Of
Congress of July 90, 1890, and of March 2,
1905, requiring medicine chest to be pro
vided for every vessel bound on foreign
voyage, were auxiliary to the provision Of the
maritime law.
! A sick seaman, while on board the ship is
entitled to draw his medicines from the chest,
and to receive suitable sustenance and atten-
dance from the ship and crew, during his ill
ness. If removed ashore for the convenience
of the ship, whether with or without his con-
semitic is entitled to an equivalent allowance
| The third question arose on the following
stipulation inserted in the shipping paper 10
writing, Immediately after the printed form !;
We further agree and bind ourselves to pay
for all medicines and medical aid further
than the medicine chest affords" On this the
Court remarked, that every deviation from the
terms Of the common shipping paper (which
stands upon the general doctrines Of maritime
| law is rigidly inspected. And on every &C
casiOn, the court expects to be satisfied that
the compensation for every material alters-
ton is entirely adequate 10 the diminution
Of right or privilege on the part Of the sea
man. As there was no pretence that there
was any extraordinary compensation in this
case, the stipulation was pronounced TO be OPP
posed to the policy Of the act OfCOngress, aud
fraud upon a thoughtless and unprotected
| class of men; and therefore void.
In the course of the trial, it came to the
knowledge of the Court, that many Mer-
chants in the State Of Maine were accustomed
to furnish their vessels with medicines Of an
inferior quality, purchased BY contract at a
very low rate. This fact called forth from
the presiding Judge the following deserved
rebuke--
w lM0 We ull lldl SOUlS l0SICudDAS III luA5
Ineighbourhood instead Of directing a medi-
cine chest to be furnished and repIenished
with an adequate stock Of all the necessary
medicines, drive a hard bargain for a supply
Of the most ordinary kinds and Of those least
adapted to the voyage, at very trifing sxed
price and when even such medicines are
insufficient in quality, it cannot but create a
feeling little short of indignation, that there
should exist among moral people, such an
insensibiifty to human suffering, and such
a carelessness of human life. This inforTna-
ton, which for the first time has been brought
to the notice of the Court, is most unweIcome,
and calls upon it, as an imperious duty, to
pronounce the most pointed reprobation Of the
practice. VI owners viii persist in this prac-
tice, they shall not 50 far as this Court is con
Gcerned, derive any benefit from such viola
ton Of duty. Whenever they seek 70 exon
crate themselves from the charges Of sickness
imposed upon them by the maritime law, the
burthen Of proof OF the suficiency Of the
medicine chest in all respects rests upon them.
And the Court will require the fact to be es-
tablished BY the testimony Of disinterested
persons, and not exclusively 20 depend upon
parties who have traficked for the supply al
low fixed rate, and NAV feel deep inter
est in point of reputation and custom 70 gloss
over the transaction. "-POTfs. Journal