Open main menu

Page:United States Reports, Volume 2.djvu/44

This page needs to be proofread.

glp Chau ruled and decreed in tb! rrpai himpayments, to obtain the orderand dire&ion· of`the Court ; g¢`·•`;· and the Admiralty Courts ought not to make an order, without previous meaiitrcs to·gt::rd'againit fraud and iinpolition, by providing for latent claims. · But on the fecond ground, it is [aid, the decree-below ought to be reverfed ; which is, that the libellants are not part of the privaieefs crew, nor captors, entitled to the prize [lated in their libel. It is proved, and admitted on all hands, that thelibellants were ihipt on board the privateer, at Philadelphia; that they' ` were lhipt under the articles of agreement, and {hipt and re- ceived on board, as part of the privateer’s crew; that, as part ' ofthe privateer’s crew, they navigated the privateer down to Chelier; that there the captain, without any objeéiion to their {kill or ability, ordered them on {bore, and obliged them to‘ abandon the privateer, and left them; and that afterwards he, and all the relidue ofthe crew, dcitroyed the original articles off agreement, -and executed a freih fer. Under the circumilmnces {lated and admitted, we are of _ opinion, that the libellants are entitled to a full proportion of _ all prizes which were captured during the cruife, for which the dibellants were engaged, andfrom which they were forcibly` exclnrded. _ We have already obferved, that the right of the crew to. captures is not founded on the articles of agreement ; but on the ptivateefs commillion. When the libellants were lhipt at Philadelphia, and received on board by the captain as part of the crew, the right under the commillion attached. This right they derived from an authority, paramount to the captain, · agd therefore the captain could not arbitrarily deprive them o lt. But it is faid, the captain, only, did the wrong; and therefore ‘ he alone ihould be refponiible for it, and not the relidue of the crew. The libellants do not {eek an compcnfation for a wrong; they are not in purfuit of damages for a tart. Vhen they were {hipt and received on board at Philadelphia, they then became part of the crew, and the right to capture and make prizes was a right they held jointly with the {hip and oliicers, and reiidue of the crew. The articles of agreement direéied the diliribu- tion, and afcertained the {hare; and the libel is for (hares, according to the articles. The demand, therefore, which the libellants make, does not lelfen the fhares of the reiidue of ~ the crew, nor call on them for a compenfation: It is a demand, which the relidue of the crew acknowledged, and agreed to, when they executed the articles. B ' . ut