maritime law

**Luke** · July 15th, 2009, 04:14

Two questions,
1. Are people required to have a liscense to sail on the open ocean. By open ocean I mean past the US territorial waters. 2 miles?

2. Can the captain of any vessel marry folks?

Odd questions I know, but inquiring minds want to know.

**American Patriot** · July 15th, 2009, 13:03

Originally Posted by Luke

Two questions,
1. Are people required to have a liscense to sail on the open ocean. By open ocean I mean past the US territorial waters. 2 miles?

2. Can the captain of any vessel marry folks?

Odd questions I know, but inquiring minds want to know.

The answer to both questions is "NO".

You are not required to have a license to sail on the ocean in the United States. A "Captain's License" is a USCG requirement for commercial vessels of any sort carrying cargo or passengers for pay. I am studying for mine. It is TOUGH though. I have to get 90% or so on a couple sections of the test (rules of the road is one of them.... that's the hardest too).

The "Captain of a ship marrying people" is actually a myth. Even though it is believed to be a regular event, a ship's captain generally doesn't have the legal right to perform a wedding at sea. In order for a Captain of a ship to perform a marriage at sea, he must be a judge, a justice of the peace, a minister or an officially recognize officiant such as a Notary Public. (http://marriage.about.com/cs/marriag...rriedatsea.htm)

There is a legal requirement in US territories for those performing marriages to be a justice of the peace, a religious ceremony or something similar - and I don't know the details on that offhand.

**Luke** · July 15th, 2009, 17:33

Aye, Aye cap"n.
So a captain can guide his vessel,and have people thrown overboard and that is about all?

**American Patriot** · July 15th, 2009, 18:09

Originally Posted by Luke

Aye, Aye cap"n.
So a captain can guide his vessel,and have people thrown overboard and that is about all?

Not sure he can "throw them overboard"... but the Captain's word is law at sea. Aboard my ship I'm boss... and answer only to God and my wife (who is Admiral) hehe

Since I sail not at sea but landlocked in lakes... I guess I have to continue to answer to the two entities mentioned above.

**samizdat** · July 16th, 2009, 06:51

red right returning... as a current reader of Peter Pan- I know a bit about boats and the laws at sea.

1. You can only walk the plank once, unless you're Irish, can swim forever or fly.

2. True Christian marriage, and this includes the Catholic sense complete with canon law, moral law and common sense- is a binding contract between two individuals yet due to it's nature- also a social contract, which requires a witness-better 3 or a whole church full, family orientated, glee, glory and joy. Back to the point. (exigent circumstances) No priest, temple, religious minister or particular ceremony is nescesary for a binding marriage, blessed by God. What is necessary is two persons with free will, sans sinister motives, to profess their human love with the intention and motive of 1) Remaining and growing in the love of Jesus Christ together 2) Fidelity in such promise and intention, particularly in the sexual mode, but in all aspects of life- becoming one, with Husband as head of family willing to sacrifice life and limb for wife, etc. , and wife as heart of family in due respect and obedience to husband who assumes great responsabilities. 3) Be fruitful and multiply- accept the children that God gifts you with, and educate them by thought, word and example in the Christian faith.

there is a 4th natural portion of the contracr, which presumes consumation- knowing one another in the carnal sense. Not trying to rock the boat here- but the knowledge portion must occur, and at least some whimmer of a hope of carnal fruit must be present. The validity would apply for widows and widowers over 80, for instance, for women with a hysterectomy, men with vasectomy, or women w/ tubal litigation, albeit not valid if these latter conditions can be easily reversed with hope for offspring.

I do believe in human love, yet trust in God first. Christ is the head, beginning and end of every fruitful love, particularly human matrimonies. So technically- marriage on a boat- (and I dont mean- loveboat- neither the 70's series, nor the 80's popword for pcp laced marijuana- "THE DEVIL" for po black folk) is valid. However, there must be some exigent circumstance, since a witness is need to validate a contract which binds for life. Of course, there are always exceptions. Christ is the true major witness to marriage. I'm fond of making papal type proclamations. For any good reason- not a frivolous one- a planned two person marriage at sea- would be pefectly valid - and binding, with a witness before or after- even claiming a zygote- and just using the witnesses as paperwork for baptism certificates, fielding off in-laws etc. Jesus came to bring war- not peace in families.

Are you getting ready to walk the plank? I guess I only responded because I do like the sea- and it would be a good place to get hitched- but ...alone. There are other quiet places, and frankly bullicious, presumptuous weddings are a bit failing in simple love between two persons.

**American Patriot** · July 16th, 2009, 13:17

I would agree with Sami... you don't NEED a priest, Captain, JP or any of that nonsense. Simply an agreement between the man and woman. In our "civilized times" we want things to be all "legal" so there is no question of who is responsible for what.