ELI6HA KENT KANE. 145 



his crew. In the absence of any new contract on 

 the subject, the continuance of the pre-existent one 

 would be implied, both by common sense, and by 

 the arbitrary principle of law ; for Dr. Kane was the 

 acknowledged commander of the vessel; on him 

 rested all the responsibility of her fate ; to him had 

 been intrusted the lives and safety of the crew ; by 

 leaving the vessel the men had only suspended, 

 with the commander's permission, their legal rela- 

 tions with him ; and by again returning within his 

 jurisdiction, they again placed themselves, ipso facto, 

 under his authority. For no one will for a moment 

 assert that, by any perversion of law or reason, any 

 other co-ordinate authority than his could be allowed 

 to exist on board the vessel ; or that an imperium 

 in imperio could be established there by any possible 

 means. If a division of authority were a thing in 

 any respect or degree allowable under such circum- 

 stances, where was the encroachment to end ? where 

 was the line of separation to be drawn ? It is self- 

 evident that such a policy would have inevitably 

 entailed discord, conflict, and finally mutual de- 

 struction ; and the dissolution of all order, security, 

 and success in attaining the purposes of the expedi- 

 tion would have ensued. When, therefore, those 

 who deserted in August, 1854, returned to the ves- 

 sel, they did so from necessity, and they voluntarily 

 K 13 



