Page:Federal Reporter, 1st Series, Volume 3.djvu/666

IBB AHAIJA. 65d �obligations to this sliip, is whether there îs reason to appre- hend that they may again be subjeeted to a like condition of tbings if tbey remain in her service. But, in the opinion of the court, such is not the sole or principal question upon which the rights of these men must depend. There can be but little doubt that hereafter the maater will provide ail that is requisite for such a voyage, and that his crews will eseape the sufferings these men bave been subjeeted to; but the matter here for consideration is not the future conduct of the master, but what are the legal rights of the libellants, and ■whether on the present voyage they have been so treated by the master as to require the court to discharge them from further service. �When this vessel sailed from Gibraltar with so inadequate a supply of provisions the master knev? that he was acting both in violation of the laws of his country and in breach of his contract with the libellants. From some cause he was will- ingthusto act, and in so doing was seriously endangeringthe safety of the ship and cargo, as well as the lives of ail on board. At that season of the year, in the condition in which his ship then was, the chances were ail against their reaching their port of destination before their sait provisions were exhausted, and to this risk he voluntarily subjeeted ail on board, trusting that some passing vessel might supply their needs. The result of his conduct bas been that, to prolong their lives, the crew, on some days, bave been eompelled to subsist on decayed fish^ while on other days they bave been wholly deprived of every kind of meat, or it bas been doled out to them in so small a. quantity as to be almost an aggravation of their miseries. Some of the crew bave been, and still are, afBicted with one of the worst diseases that seamen can be subjeeted to — scurvy ; their physician testifying that they are not now, and will not be for some time, in a condition to do duty on an ocean voyage,, and ail must bave been necessarily much reduced in strength by their sufferings occasioned by the master's neglect. This, therefore, is no ordinary breach of a contract with bis crew,. by the master of a ship, but is of a most flagrant character,. without the slightest justification, occasioning the crew very ����