Page:United States Reports, Volume 2.djvu/176

 s7b Cases ruled and adjudged in the tyga. to give it. On the beit coniideration, therefore, that l have LfV`J been able tobefiow on the fub'e&, I End rnyfelf conftrained to give my voice, that judgment he rendered for the defendant. Mansruu. ver-fur Morrrconear, er aL HIS was an aélion for Seamen’s wages. The Plaintif T {hipped himfelf on board the defendanfe ihipon avriynge from Philadelphia to Havana, from thence to Cadiz, and rom Cali: back to  On the {hip': arrival at Havuuuur, an  was laid, and the Ihip detained a conliderahlc time. A plan being formed for the redu&ion of New-Providence, a pro- pofal was made to the.A1nm2·an captain), and among the reil: to the defendant, to accompany the Spangfbtroops ; or which fervioe they were to receive ten dollars and a half per ton, per month, and to be freed from the embargo. A gratuity was al- fo to he given to thecaptaius. The defendant, with the relt of the Amerkau captains, agreed to go, and Pnvrllence was taken ; but no roviiionsbeing to be had, the {hip failed afterwards for Pbilelideqbia, and onherway wascapturedby theenemy. 'Hre wages of the feamen had been paid at the Havana, until the · fhipwas ready to fail for Cadiz, and the embargo laid. The tonnage was paid, but loil: on the capture of the {hip: Rawle, contended, that it was clear, that feamen’s wages mul! be paid duringau embargo, and cited ]‘arh’.•· In/ier. I42· x Mageu. 68.*Wg/[et. 590. 1 Term. Reb. I32, in anti:. 'llatthe voyage to New Providence is to be coniidered as a new voyage, as it was not the voyage contraéted for. Tho' a voyage be_ al- tered, wages are [till due. Freight, it is true, is the mother of wages. Ep. tra. 3. but freight means nothing but the earning of the reH`cl. Lewis E9' Tilglmum urged, that as the veil`el was not entitled to freight, no wages were due: That the voyage was not a diilindl: one, and that the lofs of the veifcl put an end to the claims of the feamen. ., Br Tun Counr :——Here is a new voyage commenced with the a{l'ent of the failors. The qneition is, was this a new voyage to 1·'Li!ade@ia with leave to touch at Prqvhlence, or was it one voyage to Pm-idmce, and another to Pbiladewia. The Spau]5 ·. intendant agreed to pay ro r-2 dollars per ton, and they re- ceived it. The intendant calls it freight: It is certainly a com- penfation for the ufc of the veffel; it is an earning by the ow- ners, and the whole obje€t of this voyage was completed at New Frwidmee. This may bc conlidered, in the fpirit of the law, as a port of delivery. With the lofs, which happened af- terwards, the failors have no concern. We coniider tlugmasé in

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