The Sun.
London, England, 1827-12-21 00:00:00

CLAIM OF SALVAGE.

The following abstract of a case of salvage claim
by two American ships of war against a British ves-
sel and cargo, in the Superior Court of East Florida,
will be of much interest to shipowners and under-
writers :

The ship James Mitchell, Robinson, Master, from
Liverpool to Havannah, with a cargo of dry goods, &c.,
ran aground on the night of the 3d of June last, about 35
miles from her port of destination, and the next morning
was boarded by a Lieutenant and 21 men, from the John
Adams, American frigate. On the lmorning of the 26th,
the Officers and men of the John Adams were relieved by
a Lieutenant, Midshipman, and nine men, from the
Hornet sloop of war, and the following morning she was
got afloat, after discharging part of her cargo, which was
taken on board again, and proceeded, in company with the
John Adams and the Hornet, to Ilavannah, off which
port they arrived on the 11th. The salvors, upon their
arrival off Havannah, demanded a sum of 35,000 dollars
'in cash, instanter, for their services. The value of the
ship and cargo being estimated at 110,000 dollars, which
not being complied with by the consignees, wha were
ready to give good security for the amount awarded, they
took the James Mitchell to Key West, and being leaky,
she was run on shore to prevent her from sinking. Her
cargo was deposited in warehouses, and the voyage com-
pletely frustrated, the ship having filled to the water's edge.
The Judge, in giving his judgment, which he did at
very great length, stated—" In deciding this case, I admit
no objection against the right of the salvors, on the ground
that they belong to a public ship. That they neither in-
curred expense, nor hazarded property of their own, in con-
ferring the benefit for which they claim salvage, are cir-
cumstances which go to the amount, but not to the right
of salvage; and salvage, for this reason, when awarded
to public officers, will always be less than when
given to private salvors. That salvage, in a proper case,
should be allowed to navy officers, is required by the policy
of the law, founded on the interests of commerce, and the
character of human nature. After a review of the whole
testimony, and considering the various points that have
been urged on both sides, I am of opinion that the salvors
were fairly entitled to a reward of 12,000 dollars had the
vessel been taken into Havannah ; but this was not done,
and by carrying her to Key West, a new and very dif%rent
case is presented. The salvors must be accountable for the
damages consequent thereon, which should be Set off
against the salvage estimated when off Havannah; and,
with the convictions I entertain of law, of justice, and of
duty, I am bound to decree, that no salvage is due, aztsl
that the libel be dismissed with costs."

This unwarrantable proceeding on the I)Art of the
American commanders in taking the ship to Key
West, has subjected the owners and underwriters of
the James Mitchell and her cargo to a very serious
loss, the proceeds of the sales of both ship and
cargo amounting in the gross to about 30,000 dollars
only, and the proceeds not yet recovered.

The worthy ivit and poet, who is Row made
to father all the bad puns which are made,
said, to collect his on good things into one volume, that,
after his demise, no one may be able to exercise the plea-
sures of memory at his expense. intends, it is
w

In many parts of the interior, the delight of
the
.people at the overthrow of the conspirators in the
Court of Exchequer, on the memorable 14th, was testified
by bonfires and illuminations. In no part was there a
more brilliant display of this description than in Longford.
The military and police were called out—but the exem.
plary conduct of the multitude left not even a pretext for
their interf,,Tence,--Dtdilin gorning ,Register.