Pugh

By the Court,

The plaintiff was a British seaman on a British ship. The defendant, who was master of the ship, was also a British subject. Upon the arrival of the ship at San Francisco, and seven days before the expiration of the time for which the plaintiff was hired, the defendant discharged him without paying his wages. The court below found the fact specially that the plaintiff was not a deserter, hut was discharged by the defendant. This action is brought to recover the plaintiff’s wages.

*486 The only question presented by the case is whether a state court can, or ought to, take jurisdiction of the action. The counsel for the defendant claims that the parties ought to be remitted to the forum of their own country. I think, however, that in a case like the present, the state courts not only may, hut ought to take cognizance of the action. The period of the plaintiff’s service was nearly ended; lie had shipped for eighteen months, and but seven days of the whole term remained unexpired. The ship was about proceeding on a long voyage, which the plaintiff could be under no obligation to perform ; and even if he had left the vessel, without permission of the master, I should…