The Portland daily press., 1864-07-20
q. s. District Court,

IN ADMIRALTY, BEFORE JUDGE WARE.
How Seamdn's Wages are to be Paid
Thomas Trecarten, libellant, vs.. Ship Roch'
ambeau.
We mentioned this case last week as involv.
ing principle important to ship owners
Yesterday Judge Ware delivered his opinion
which we give below. The circumstances OF
the case are embraced in the opinion given by
the learned Judge.
An appeal was entered by counsel for re.
spondents. J. O'Donnell for libellant; Evans
& Putnam for respondents.
Trecartin the libellant, an American citizen
at st. John, N. b., shipped on board the Am.
erican ship Rochambeau, for a voyage to Lon
don and back, not to exceed nine months in
time, at the rate of $25 per month, in the
New Brunswick currency. She made that
voyage in about three and half months, and
the time not being ended for which he shipped
the libellant continued In the vessel without
signing new articles, or any new agreement
as TO terms, and from that port went another
voyage to London, which was to terminate in
the United States. The ship made her voyage
to London, and from there went to the Medi-
terranean, visited Malta and different ports in
Sicily, and returned to Portland, where she
arrived and delivered cargo OF salt.
Payments were made from time TO time on
the voyage: at London and in various ports
In the Mediterranean. There remained due at
the end of the voyage Sl54.3S, and the only
question now remaining between the parties,
is whether this shall be paid In the currency
of the United States or in specie, which was
the currency at ot. John where the voyage
was begun.
The original contract was made In that
place, and was to be satisfied 10 the currency
OF that country, which was one Of specie
As the ibellSnt continued in the ship
after the expiration of this contract, without
any new agreement as to terms, 1t would nat
urally follow that he continued his services
on the terms fixed by the old contract, aud
this would ordinarily be the legal effect. 1t
appears that the parties so understood 1t, for
all the partial payments made from time to
stime, 10 London and various ports in the Med
iterranean, were made Ia specie. This, ii not
conclusive, goes far towards putting an inter
probation or the contract by the parties. II the
payments made during the voyage we're ma de
In specie, why should the balance remaining
due at the end of the voyage, be paid differ
entity. The place where the original contract
was made, and the continuation OF the service
under that contract, as no new one was made,
and the price paid, all 90 to coaflrm the opin :
lou thdt u speCtt COulFdCt was only ia the COu-
temptation OF the parties. When the inten-
ton Of the parties can be plainly understood,
the duty of the court is TO enforce the con-
tract according to that meaning, and this is
the dictate rs well of the technical rules OF
law, as OF common sense, and this rule ap-
plies with all its force to mariners contracts,
who are a plain people and their arguments
aught not to be settled on refined distinctions
which they never contemplated. This view
OF the subject puts out of the case all the ID
genious arguments of the learned council, as
to the operation OF the Ter loci, whether the
wages should be according to the law of the
place where the contract was made, or accord
ing to that where it terminated.
The decree in the case ought to be for a
sum In the United States currency that would
make the payment equal TO specie. In the
daily fiuctuation Of the price of gold under
the influence Of the laws of the country and
the commercial speculation, it is difficult to
say what that sum should be; but | have
come TO the conclusion that it is double the
amount admitted to be due of sl54, and make
II S30S, 1t will be as near right as can make
it. Decree S30S and costs.