Page:Federal Reporter, 1st Series, Volume 9.djvu/178

GOULD V. STAPLES. 163 �The proper place for a master of a ship of the burden of the Charter Oak, wheu in a foreign port, is on board his ship. His presence is always promotive of obedience and good discipline, and' of attention to their duty, by the crew, and he should never be absent therefrom unless the emergency is urgent. More especially was such the duty of the naaster of this ship, moored in an open road- stead, in the month of December, on the Mediterranean coast, with mooring tackle of a doubtful character. As the master says : "The mooring chains to which he made fast weire smaller than the ship's chains, and he distrusted their holding her if a stortn should arise." That they were liable to gales while at this anchorage is shown by the log-book, as it recit«s that on the day of their arrivai at Meres "it was blowing a gale, with rain." The record for the next day is : "Came on with hard gale, and rain much of the time." Some days the weather was fine, and they were employed taking in cargo. December 15th, the log says, "Strong breeze and clear. Large swell. No cargo." December 16th, "No cargo; large swell." December 17th,' "No cargo." December 18th, "Presh easterly gale; clear; no cargo." The master testifiies "that with wind from S. E. to E. N. E. they could not land from the ship ; that with the light mooring chains he was afraid of being driven on shore ; did not dare to leave the ship over night, on account of the danger." Only on two occasions did he go to Hieres. "Went there for funds. Selected the best chances when the wind was to the westward. Was not gone over three hours at either time. On one of these occasions the wind chopped round suddenly, so that on his attempting to go to the ship the surf filled his boat. With the wind from the eastward, lighters could-not come off with cargo. With the sudden changes of the wind the ship was in danger." �Situated as the Charter Oak thus was, the court finds that it would have been highly imprudent for the master to have been absent from his ship all night. His first duty was to the ship, her cargo, and his crew, and his absence from her for that length of time would have unjustifiably exposed her to peril and danger. If, in his absence, a violent storm should arise, which not unfrequently happens on that coast, the ship was liable to be driven from her moorings, either on shore or to sea; and in such an emergency the master's presence, with his skill and experience, might have proved of the greatest ad- vantage in protecting the lives of the crew and saving the proper ty in his charge, which otherwise might have become a total loss. If obliged to deposit her papers at the Toulon coxisulate, the master ��� �