If we should say to an uneducated man today, "She did it and she
ought to pay for it," it may be doubted [29] whether he would see
the fallacy, or be ready to explain that the ship was only
property, and that to say, "The ship has to pay for it," /1/ was
simply a dramatic way of saying that somebody's property was to
be sold, and the proceeds applied to pay for a wrong committed by
somebody else.
It would seem that a similar form of words has been enough to
satisfy the minds of great lawyers. The following is a passage
from a judgment by Chief Justice Marshall, which is quoted with
approval by Judge Story in giving the opinion of the Supreme
Court of the United States: "This is not a proceeding against the
owner; it is a proceeding against the vessel for an offence
committed by the vessel; which is not the less an offence, and
does not the less subject her to forfeiture, because it was
committed without the authority and against the will of the
owner. It is true that inanimate matter can commit no offence.
But this body is animated and put in action by the crew, who are
guided by the master. The vessel acts and speaks by the master.
She reports herself by the master. It is, therefore, not
unreasonable that the vessel should be affected by this report.
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