Page:Federal Reporter, 1st Series, Volume 4.djvu/842

 828 TEDBEAIi EBPOETER. �Says Cliief Justice Taney: "The seamen as a matter of riglii are entitled to the process of the court to enforce . payment proraptly in order that they may not be left penniless and •without means of support ; and the right to this remedy is as well and firmly established as the right to the paraniount lien. No court of common law can enforce or displace this lien. It bas no jurisdiction over it, nor any right to obstruct or interfere with the lien or the remedy which is given to the seamen. Taylor v. Carryl, 20 How. 601. �Again : "Courts of law cannot undertake, by gamishment, to settle the equities between the parties in order to subjee't an equitable demand which the defendant may have against the garnishee to the payment of the defendant's debt." Drake on Attachments, e57. The contract of the mariner is an equitable contraet, and it gives rise to equitable rights not capable of being preserved by a court of common law. One of these is the right to submit the terms of the contract to be scrutinized, and, if necessary, reformed, by a court of equity before it be enforced. This right the mariner may waive by electing to enforce his contract as it is, in a court of common iaw; but such a waiver cannot be effected against his will by the act of a creditor in attaching his wages. To permit that would be to deprive the seaman of a substantial right without any consideration. The reality and importance of this right of the mariner will be made to appear by referring to a few familiar passages selected out of many to the same effect. Sprague, J., says: The court "scrutinizes ail contracts re- specting seamen's wages in order to see that advantage bas not been taken of their necessities, ignorance, or thoughtlesa imprudence." The Bark Rajah, 1 Sprague, 199. "In ail mar- itime countries seamen are privileged to go in their own pecu- liar courts, whose course and form of proceeding are adapted to the direct and guileless character of the sailors." Ware, J., 2 Davies, 118, The Betsy and Rhody. A court of admiralty, "within its jurisdiction, acts upon the liberal, enlarged priiici- ples of a court of equity, and especially it does so in dealing with the contract between the seamen and owners." Ware, J., Id, "A court of admiralty it is certain will, in some ����