The right of the master to compel an officer, who has been removed, to do duty as a seaman before the mast, has never been completely established; but the better opinion would seem to be that he may do it in a case of necessity. Merchant vessels have no supernumeraries, and if the master can show that the officer was unfit for the duties he had undertaken, and thus made it necessary to take some one from the forecastle to fill his place, and that, by this means, the ship had become short-handed, he may turn the officer forward, assuming the responsibility for the act, as well as the risk of justification. He would be required to show a much stronger cause for removing the chief mate than would be insisted upon in the case of a second mate; and probably this necessity for exacting seaman's duty would be held to extend no further than an arrival at the first port where other hands could be shipped. Nothing but evident unfitness or gross and repeated misconduct will justify the master in turning a person forward who shipped in another capacity, as carpenter, cook, or steward. But in such cases, he undoubtedly may do so. Still, when before the mast, he cannot require of them the duty of able seamen, unless they are such in fact. CHAPTER IV. THE MASTER'S RELATION TO THE CREW. Shipment. Shipping papers. Discharge. Imprisonment. Punishment. SHIPMENT.--The master of every vessel of the United States, bound on a foreign voyage, and of all coasting vessels of fifty tons burden, must make a contract in writing (shipping articles) with each seaman, specifying the voyage, terms of time, &c.; and in default thereof shall forfeit $20 for every case of omission, and shall be obliged to pay every such seaman the highest rate of wages that have been paid for such voyages at the port of shipment within three months previous to the commencement of the voyage.[71] And when the master ships a seaman in a foreign port, he must take the list of crew and the duplicate of the shipping articles to the consul or commercial agent, who shall make the proper entries thereupon; and then the bond originally given for the return of the men shall embrace each person so shipped. All shipments made contrary to this or any other act of Congress shall be void, and the seaman may leave at any time, and claim the highest rate of wages paid for any man who shipped for the voyage, or the sum agreed to be given him at his shipment.[72] [71] Act 1790, ch. 56, §1. [72] Act 1840, ch. 23, §1.