The Imogene M. Terry

In the above libel the libelant, with some self-complacency, describes himself as master of the sloop Imogene M. Terry. But courts of admiralty deal with things, and not with words. If the proofs show that ho is in fact an ordinary seaman, under the control of the master, his calling himself the captain ought not to hinder him from invoking the seaman’s remedy for the collection of his wages. It is well settled in the admiralty that the captain has no libel in rem upon the vessel for his wages. The Orleans v. Phœbus, 11 Pet. 175. Two reasons are ordinarily assigned for this : (1) Because the…