CAPTAIN or SEA CAPTAIN, mar. law. The name given to the master or commander
of a vessel. He is known in this country very generally by the name of
master. (q.v.) He is also frequently denominated patron in foreign laws and
books.
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 willful 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 an 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 over the crew, being
responsible for the abuse of his authority. Ab. on Shipp. 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 powers 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. Sec. 116 to 123, Sec. 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.