Duties of master and mate. voyages. The American law invests the master with the sole government of his ship and the absolute right of direction, subject to the legal consequences of any abuse of his powers. He may enforce his authority by the infliction of punishment upon the crew, but, should he exceed these limits, he is liable, by a Statute of the United States, to an action for damages in the Civil Courts, and to a criminal prosecution. The measure of punishment proportioned to the offence is to be ascertained by the special circumstances of the case; but all punishments must be inflicted with proper instruments. Hence, while the master has power to punish a seaman and to imprison him on board, to prevent a violation of the order and peace of the ship, he must be prepared to show that such measures were necessary.
The duties of mate, as laid down by the United States, resemble those of other countries. In the absence or death of the master he takes his place, exercising a general superintendence over the affairs of the ship. But his ordinary duties are confined to calling the attention of the master to everything requiring his notice, to the receipt and stowage of cargo, and to whatever is necessary for the proper equipment and sailing of the vessel while at sea. The mate is also required to keep the log-book, wherein he is bound to enter every matter of importance, such as the courses steered, the winds, and state of the weather, with many other minute details connected with the navigation of the ship. If he is guilty of such negligence as to involve the loss of his cargo, he alone is responsible; and if he
