Chapter XXIV: U. S. Navigation Laws Governing Merchant Seamen

Definitions.

In the construction of this Title [R. S., 4501-4613], every person having the command of any vessel belonging to any citizen of the United States shall be deemed to be the "master" thereof; and every person (apprentices excepted) who shall be employed or engaged to serve in any capacity on board the same shall be deemed and taken to be a "seaman;" and the term "vessel" shall be understood to comprehend every description of vessel navigating on any sea or channel, lake or river, to which the provisions of this Title may be applicable, and the term "owner" shall be taken and understood to comprehend all the several persons, if more than one, to whom the vessel shall belong. (R. S., 4612.)

Exemption for militia duty.

Pilots, mariners actually employed in the sea service of any citizen or merchant within the United States, and all persons who are exempted by the laws of the respective States or Territories shall be exempted from militia duty, without regard to age. (Jan. 26, 1903; sec. 2.)

Form of articles of agreement.

UNITED STATES OF AMERICA.

(Date and place of first signature of agreement, including name of shipping-office.)

It is agreed between the master and seamen or mariners of the ———— ————, of which ———— ———— is at present master, or whoever shall go for master, now bound from the port of ————, ————, to ————, ————, (here the voyage is to be described, and the places named at which the vessel is to touch, or if that cannot be done, the general nature and probable length of the voyage is to be stated.)

And the said crew agree to conduct themselves in an orderly, faithful, honest, and sober manner, and to be at all times diligent in their respective duties, and to be obedient to the lawful commands of the said master, or of any person who shall lawfully succeed him, and of their superior officers in everything relating to the vessel, and the stores and cargo thereof, whether on board, in boats, or on shore; and in consideration of which service, to be duly performed, the said master hereby agrees to pay the said crew, as wages, the sums against their names respectively expressed, and to supply them with provisions according to the annexed scale. And it is hereby agreed that any embezzlement, or willful or negligent destruction of any part of the vessel's cargo or stores, shall be made good to the owner out of the wages of the person guilty of the same; and if any person enters himself as qualified for a duty which he proves himself incompetent to perform, his wages shall be reduced in proportion to his incompetency. And it is also agreed that if any member of the crew considers himself to be aggrieved by any breach of the agreement or otherwise, he shall represent the same to the master or officer in charge of the vessel, in a quiet and orderly manner, who shall thereupon take such steps as the case may require. And it is also agreed that (here any other stipulations may be inserted to which the parties agree, and which are not contrary to law).

In witness whereof the said parties have subscribed their names hereto, on the days against their respective signatures mentioned.

Signed by ———— ————, master, on the ———— day of ————, eighteen hundred and ————.

+-----------------------------+--------------------+ |Signature of crew. | | +-----------------------------+--------------------+ |Birthplace. | | +-----------------------------+--------------------+ |Age. | | +-----------------------------+--------------------+ |Height. Feet. | | +-----------------------------+--------------------+ | Inches. | | +-----------------------------+--------------------+ |Description. Complexion.| | +-----------------------------+--------------------+ | Hair. | | +-----------------------------+--------------------+ |Wages per month. | | +-----------------------------+--------------------+ |Wages per run. | | +-----------------------------+--------------------+ |Amount of allotment. | | +-----------------------------+--------------------+ |Time of service. Months. | | +-----------------------------+--------------------+ | Days. | | +-----------------------------+--------------------+ |Whole wages. | | +-----------------------------+--------------------+ |Wages due. | | +-----------------------------+--------------------+ |Place and time of entry. | | +-----------------------------+--------------------+ |Time at which he is to | | |be on board. | | +-----------------------------+--------------------+ |In what capacity. | | +-----------------------------+--------------------+ |Shipping commissioner's | | |signature or initials. | | +-----------------------------+--------------------+ |Allotment payable to— | | +-----------------------------+--------------------+ |Conduct qualifications. | | +-----------------------------+--------------------+

(June 26, 1884; sec. 10; Dec. 21, 1898; sec. 24.)

NOTE.—In the place for signatures and descriptions of men engaged after the first departure of the ship, the entries are to be made as above, except that the signatures of the consul or vice-consul, officer of customs, or witness before whom the man is engaged, is to be substituted for that of the shipping-master.

Scale of provisions to be allowed and served out to crew during the voyage.

-----------------------+------+------+-------+-------+------+------+------ |Sunday|Monday|Tuesday|Wednes-|Thurs-|Friday|Satur- | | | | day | day | | day -----------------------+------+------+-------+-------+------+------+------ Water quarts| 5 | 5 | 5 | 5 | 5 | 5 | 5 Biscuit pound| ½ | ½ | ½ | ½ | ½ | ½ | ½ Beef, salt pounds| | | 1¼ | | 1¼ | | 1¼ Pork, salt pound| | 1 | | 1 | | 1 | Flour pound| ½ | | ½ | | ½ | | Canned meat pound| 1 | | | 1 | | | Fresh bread pounds| 1½ | 1½ | 1½ | 1½ | 1½ | 1½ | Fish, dry, | | | | | | | preserved | | | | | | | or fresh pound| | | | | | 1 | Potatoes or yams pound| 1 | 1 | 1 | 1 | 1 | 1 | 1 Canned tomatoes pound| ½ | | | | | ½ | Peas pint| | | ⅓ | | | ⅓ | Beans pint| | ⅓ | | ⅓ | | | Rice pint| | ⅓ | | | | | ⅓ Coffee (green | | | | | | | berry) ounce| ¾ | ¾ | ¾ | ¾ | ¾ | ¾ | ¾ Tea ounce| ⅛ | ⅛ | ⅛ | ⅛ | ⅛ | ⅛ | ⅛ Sugar ounces| 3 | 3 | 3 | 3 | 3 | 3 | 3 Molasses pint| ½ | | ½ | | ½ | | Dried fruit ounces| 3 | | 3 | | 3 | | Pickles pint| | ¼ | | ¼ | | ¼ | Vinegar pint| | | ½ | | | | ½ Corn meal ounces| 4 | | | | 4 | | Onions ounces| 4 | | | | 4 | | Lard ounce| 1 | 1 | 1 | 1 | 1 | 1 | 1 Butter ounces| 2 | 2 | 2 | 2 | 2 | 2 | 2 Mustard, pepper, | | | | | | | and salt sufficient | | | | | | | for seasoning. | | | | | | | -----------------------+------+------+-------+-------+------+------+------

Substitutes.

One pound of flour daily may be substituted for the daily ration of biscuit or fresh bread; two ounces of desiccated vegetables for one pound of potatoes or yams; six ounces of hominy, oatmeal, or cracked wheat, or two ounces of tapioca, for six ounces of rice; six ounces of canned vegetables for one-half pound of canned tomatoes; one-eighth of an ounce of tea for three-fourths of an ounce of coffee; three-fourths of an ounce of coffee for one-eighth of an ounce of tea; six ounces of canned fruit for three ounces of dried fruit; one-half ounce of lime juice for the daily ration of vinegar; four ounces of oatmeal or cracked wheat for one-half pint of corn meal; two ounces of pickled onions for four ounces of fresh onions.

When the vessel is in port and it is possible to obtain the same, one-and-one-half pounds of fresh meat shall be substituted for the daily rations of salt and canned meat; one-half pound of green cabbage for one ration of canned tomatoes; one-half pound of fresh fruit for one ration of dried fruit. Fresh fruit and vegetables shall be served while in port if obtainable. The seamen shall have the option of accepting the fare the master may provide, but the right at any time to demand the foregoing scale of provisions. The foregoing scale of provisions shall be inserted in every article of agreement, and shall not be reduced by any contract, except as above, and a copy of the same shall be posted in a conspicuous place in the galley and in the forecastle of each vessel. [Fishing or whaling vessels or yachts exempt—Dec. 21, 1898, sec. 26.] (R. S., 4612; Dec. 21, 1898; sec. 23; Mar. 4, 1915; sec. 10.)

Account of apprentices on board.

+-------------------+-----------+-------------+-----------+--------------+ | Christian and | Date of |Port at which| Date of |Port at which | | surname of |registry of|indenture was|register of|assignment was| |apprentice in full.|indenture. | registered. |assignment.| registered. | +-------------------+-----------+-------------+-----------+--------------+ | | | | | | | | | | | | +-------------------+-----------+-------------+-----------+--------------+

(R. S., 4612.)

Certificate of discharge.

+---------------------------+------------------+ |Name and official number | | |of ship. | | +---------------------------+------------------+ |Port of registry. | | +---------------------------+------------------+ |Tonnage. | | +---------------------------+------------------+ |Description of voyage or | | |employment. | | +---------------------------+------------------+ |Name of seaman. | | +---------------------------+------------------+ |Place of birth. | | +---------------------------+------------------+ |Date of birth. | | +---------------------------+------------------+ |Character. | | +---------------------------+------------------+ |Declines to give statement | | |of character. | | +---------------------------+------------------+ |Capacity. | | +---------------------------+------------------+ |Date of entry. | | +---------------------------+------------------+ |Date of discharge. | | +---------------------------+------------------+ |Place of discharge. | | +---------------------------+------------------+

I certify that the above particulars are correct, and that the above-named seaman was discharged accordingly.

Dated ———— day of ————, eighteen hundred and ————.

(Signed) ———— ————, Master. (Countersigned) ———— ————, Seaman.

Given to the above-named seaman in my presence this ———— day of ————, eighteen hundred and ————.

(Signed) ———— ————,

Shipping-Commissioner. (R. S., 4612.)

Naturalization and citizenship of seamen.

Every seaman, being a foreigner, who declares his intention of becoming a citizen of the United States in any competent court, and shall have served three years on board of a merchant vessel of the United States subsequent to the date of such declaration, may, on his application to any competent court, and the production of his certificate of discharge and good conduct during that time, together with the certificate of his declaration of intention to become a citizen, be admitted a citizen of the United States; and every seaman, being a foreigner, shall, after his declaration of intention to become a citizen of the United States, and after he shall have served such three years, be deemed a citizen of the United States for the purpose of manning and serving on board any merchant-vessel of the United States, anything to the contrary in any act of Congress notwithstanding; but such seaman shall, for all purposes of protection as an American citizen, be deemed such, after the filing of his declaration of intention to become such citizen. (R. S., 2174.)

The collector of every district shall keep a book or books, in which, at the request of any seaman, being a citizen of the United States of America, and producing proof of his citizenship, authenticated in the manner hereinafter directed, he shall enter the name of such seaman, and shall deliver to him a certificate, in the following form, that is to say: "I, A. B., collector of the district of D., do hereby certify, that E. F., an American seaman, aged ———— years, or thereabouts, of the height of ———— feet ———— inches, (describing the said seaman as particularly as may be,) has, this day, produced to me proof in the manner directed by law; and I do hereby certify that the said E. F. is a citizen of the United States of America. In witness whereof, I have hereunto set my hand and seal of office, this ———— day of ————." It shall be the duty of the collectors to file and preserve the proofs of citizenship so produced. (R. S., 4588; June 19, 1886.)

The collector of every port of entry in the United States shall send a list of the seaman to whom certificates of citizenship have been granted, once every three months, to the Secretary of State [together with an account of such impressments or detentions, as shall appear, by the protests of the masters, to have taken place.] (R. S., 4591.)

Shipping officers.

The general duties of a shipping-commissioner shall be:

_First._ To afford facilities for engaging seamen by keeping a register of their names and characters.

_Second._ To superintend their engagement and discharge, in manner prescribed by law.

_Third._ To provide means for securing the presence on board at the proper times of men who are so engaged.

_Fourth._ To facilitate the making of apprenticeships to the sea service.

_Fifth._ To perform such other duties relating to merchant seamen or merchant ships as are now or may hereafter be required by law.

In any port in which no shipping-commissioner shall have been appointed, the whole or any part of the business of a shipping-commissioner shall be conducted by the collector or deputy collector of customs of such port; and in respect of such business such custom-house shall be deemed a shipping-office, and the collector or deputy collector of customs to whom such business shall be committed, shall, for all purposes, be deemed a shipping-commissioner within the meaning of this Title [R. S., 4501-4613]. (R. S., 4503.)

Every shipping-commissioner, and every clerk or employé in any shipping-office, who demands or receives any remuneration whatever, either directly or indirectly, for hiring or supplying any seaman for any merchant-vessels, excepting the lawful fees payable under this Title [R. S., 4501-4613], shall, for every such offense, be liable to a penalty of not more than two hundred dollars. [Fees payable by individuals abolished June 19, 1886.] (R. S., 4595; Mar. 4, 1911; June 19, 1886; R. S., 4508.)

Illegal shipments.

Whoever, with intent that any person shall perform service or labor of any kind on board of any vessel engaged in trade and commerce among the several States or with foreign nations, or on board of any vessel of the United States engaged in navigating the high seas or any navigable water of the United States, shall procure or induce, or attempt to procure or induce, another, by force or threats or by representations which he knows or believes to be untrue, or while the person so procured or induced is intoxicated or under the influence of any drug, to go on board of any such vessel, or to sign or in anywise enter into any agreement to go on board of any such vessel to perform service or labor thereon; or whoever shall knowingly detain on board of any such vessel any person so procured or induced to go on board thereof, or to enter into any agreement to go on board thereof, by any means herein defined; or whoever shall knowingly aid or abet in the doing of any of the things herein made unlawful, shall be fined not more than one thousand dollars, or imprisoned not more than one year, or both. (Mar. 4, 1909; sec. 82; Repeals act of Mar. 2, 1907.)

All shipments of seamen made contrary to the provisions of any act of Congress shall be void; and any seaman so shipped may leave the service at any time, and shall be entitled to recover the highest rate of wages of the port from which the seaman was shipped, or the sum agreed to be given him at his shipment. (R. S., 4523.)

Owners or masters may ship seamen in certain cases.

Any person other than a commissioner under this Title [R. S., 4501-4613], who shall perform or attempt to perform, either directly or indirectly, the duties which are by this Title set forth as pertaining to a shipping-commissioner, shall be liable to a penalty of not more than five hundred dollars.

Nothing in this Title [R. S., 4501-4613], however, shall prevent the owner, or consignee, or master of any vessel except vessels bound from a port in the United States to any foreign port, other than vessels engaged in trade between the United States and the British North American possessions, or the West India Islands, or the republic of Mexico, and vessels of the burden of seventy-five tons or upward bound from a port on the Atlantic to a port on the Pacific, or vice versa, from performing, himself, so far as his vessel is concerned, the duties of shipping-commissioner under this Title. Whenever the master of any vessel shall engage his crew, or any part of the same, in any collection-district where no shipping-commissioner shall have been appointed, he may perform for himself the duties of such commissioner. (R. S., 4504.)

Apprentices.

Every shipping-commissioner appointed under this Title [R. S., 4501-4613] shall, if applied to for the purpose of apprenticing boys to the sea-service, by any master or owner of a vessel, or by any person legally qualified, give such assistance as is in his power for facilitating the making of such apprenticeships; but the shipping- commissioner shall ascertain that the boy has voluntarily consented to be bound, and that the parents or guardian of such boy have consented to such apprenticeship, and that he has attained the age of twelve years, and is of sufficient health and strength, and that the master to whom such boy is to be bound is a proper person for the purpose. Such apprenticeship shall terminate when the apprentice becomes eighteen years of age. The shipping-commissioner shall keep a register of all indentures of apprenticeship made before him. (R. S., 4509.)

The master of every foreign-going vessel shall, before carrying any apprentice to sea from any place in the United States, cause such apprentice to appear before the shipping-commissioner before whom the crew is engaged, and shall produce to him the indenture by which such apprentice is bound, and the assignment or assignments thereof, if any; and the name of the apprentice, with the date of the indenture and of the assignment or assignments thereof, if any, shall be entered on the agreement; which shall be in the form, as near as may be, given in the table marked "A" in the schedule annexed to this Title [R. S., 4501-4613]; and no such assignment shall be made without the approval of a commissioner, of the apprentice, and of his parents or his guardian. For any violation of this section, the master shall be liable to a penalty of not more than one hundred dollars. (R. S., 4510.)

Agreement to ship in foreign trade.

The master of every vessel bound from a port in the United States to any foreign port other than vessels engaged in trade between the United States and the British North American possessions, or the West India Islands, or the republic of Mexico, or of any vessel of the burden of seventy-five tons or upward, bound from a port on the Atlantic to a port on the Pacific, or vice versa, shall, before he proceeds oh such voyage, make an agreement, in writing or in print, with every seaman whom he carries to sea as one of the crew, in the manner hereinafter mentioned; and every such agreement shall be, as near as may be, in the form given in the table Marked A, in the schedule annexed to this Title [R. S., 4501-4613], and shall be dated at the time of the first signature thereof, and shall be signed by the master before any seaman signs the same, and shall contain the following particulars:

_First._ The nature and, as far as practicable, the duration of the intended voyage or engagement, and the port or country at which the voyage is to terminate.

_Second._ The number and description of the crew, specifying their respective employments.

_Third._ The time at which each seaman is to be on board, to begin work.

_Fourth._ The capacity in which each seaman is to serve.

_Fifth._ The amount of wages which each seaman is to receive.

_Sixth._ A scale of the provisions which are to be furnished to each seaman.

_Seventh._ Any regulations as to conduct on board and as to fines, short allowances of provisions, or other lawful punishments for misconduct, which may be sanctioned by Congress or authorized by the Secretary of Commerce and Labor not contrary to or not otherwise provided for by law, which the parties agree to adopt.

_Eighth._ Any stipulations in reference to allotment of wages, or other matters not contrary to law. [Repealed so far as relates to allotments in trade between the United States, Dominion of Canada, Newfoundland, the West Indies and Mexico, and coasting trade of the United States, except between Atlantic and Pacific ports, by sec. 25 of Act of December 21, 1898.] (R. S., 4511; Mar. 3, 1897; sec. 19; Feb. 14, 1903; sec. 10; June 26, 1884; sec. 10; Dec. 21, 1898; sec. 25.)

The following rules shall be observed with respect to agreements:

_First._ Every agreement except such as are otherwise specially provided for, shall be signed by each seaman in the presence of a shipping-commissioner.

_Second._ When the crew is first engaged the agreement shall be signed in duplicate, and one part shall be retained by the shipping- commissioner, and the other part shall contain a special place or form for the description and signatures of persons engaged subsequently to the first departure of the ship, and shall be delivered to the master.

_Third._ Every agreement entered into before a shipping-commissioner shall be acknowledged and certified under the hand and official seal of such commissioner. The certificate of acknowledgment shall be indorsed on or annexed to the agreement; and shall be in the following form:

"State of ————, County of ————:

"On this ———— day of ————, personally appeared before me, a shipping-commissioner in and for the said county, A. B., C. D., and E. F., severally known to me to be the same persons who executed the foregoing instrument, who each for himself acknowledged to me that he had read or had heard read the same; that he was by me made acquainted with the conditions thereof, and understood the same; and that, while sober and not in a state of intoxication, he signed it freely and voluntarily, for the uses and purposes therein mentioned." (R. S., 4512.)