These  authorities  are  undoubtedly  sufficient  to  justify  the
master  in  correcting  by  reasonable  chastisement,  ad-
ministered on  the  spot,  the  *  misconduct  of  any  sea-  [*  513]
man,  which  endangers  the  safety  of  the  ship  or  carg6,
or  which  tends  to  the  subversion  of  the  good  order  and  disci-
pline of  the  ship's  crew,  but  they  furnish  no  warrant  for  his  as-
suming judicial  authority,  and  in  the  quality  of  a  domestic
judge  animadverting  oi¥  the  general  moral  misdemeanors  of
his.  men,  which  are  not  incompatible  with  the  faithful  perform-
ance of  all  those  duties  for  which  they  engage  by  their  con-


528  DISTRICT  COURT,  MAINE,  1839.
Bangs  V.  LitUe. '

tract.  Such  an  authority  is  not  necessary  to  the  master  for.
the  safety  of  navigation  and  maritime  commerce,  and  the  law,
in  conferring  this  extraordinary  power  upon  him,  has  justly
limited  the  exercise  of  it  to  those  cases  which  the  exigencies
of  the  service  imperiously  require.
If,  then,  all  the  facts  are  conceded  as  stated  in  the  master's
answer,  with  the  exception  of  listening  at  the  cabin  door,  and
this  is  not  proved,  they  will  not  constitute  a  justification*  Ad-
mitting the  story  told  of  Capt.  Brazier  to  have  been  fabricated,
though  it  ought  to  be  observed  that  this  from  the  evidence  is
far  from  being  certain,  whatever  animadversion  it  may  deserve
as  a  breach  of  moral  duty,  it  was  no  offence  against  Captain
LUtle.  It  neither  put  in  jeopardy  property  of  which  he  had
the  care,  nor  had  it  any  direct  tendency  to  weaken  his  own  au-
thority, or  subvert  the  discipliiTe  of  his  own  crew,  and  there-
fore it  was  not  within  his  authority  to  assume  jurisdiction  over
the  offence,  whatever  it  might  be.
Decree  thirty  dollars  damages  and  costs.
MAINE,  1854.  529


The  Nautilus.
