Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1801-08-19


IN the cafe of
Silas 7nidof, captain Of the Z.
States Sb,p ef "ns Co.ain-
ifox,
= Verfus
Hans Fredenic Seaman, claim
ant ef the Zip G1zeAu, ksy
tackle, atpare!n1d fa,xitzrs,
This is a writ of error TO decree Of
the circuit court for tie diifrite OF New
York, by which decree of the diitriet
court Of that fate, referring the ihlp a
uelia to her owners ON the payment of
one half for falvage, was reverted, and a
decree endered, directing the re!torasion
of the ,eGel without ialvage.
The fat's argued by the parties, and
the ple,dings in the cauie, p'ciens the fol-
lowingcaie:
.g( TIE fate of the cafe is conciieIy this
= The fhip Amelia failed from Calcutta
in Bengal, in April, 1899, loaded with a
cargo Of the product and mandatory of
that country, and was bocnd to Hamburg.
On the 9th September fhe was captured
by the French national corvette La Dill
genie, commanded by L. J. Dubois, who
took put the captain, par of the crew,
and mott of the papers of the Amelia, and
putting prize mater and French iallors
on board her, ordered her to St. Domin-
go, to be Judged according to the laws
of war. On the 18th Of September, ihe
was re.captured by captain Talbot, COM
mander of the Contribution, who ordered
her into New York for adjudication.
At the time Of the re -capsase, ri1e Ane-
liza had eight iron cannon, and eight wood
en- guns, with which sae left Calcutta
From the fhip's papers, and other teaimo-
ny, it appeared, that fhe was the property
Of Chapeau Rouge, a citizen and merchant
of Hamburg; and it was conceded by the
council below, that France and Hamburg
were no, in a fate OF hoitility with each
other, and that Hamburg was to be conf
dered as neutral bsrween the Prelent belli-
gerent powers.
The d;Rritt court cf New York, be-
fore whom the cau!e fri: came, decyeed one
half Of the grcfs amount OF the .h!p and
cargo as ialvage TO the re-capicrs. The
circuit court of New YORK reverted this
decree, from which reverfal, the recap
tors appealed to this court.
MI. Bayard and MIR. Ingerioll, for
the plaintiffs in error, ard Mr.. Dallas,
MIR. Levy, ard Mr.. Malon, for the deien-
dants.
The Amelia was libel!cd as a French
yei1el, and the libeliane prays thar 'ae may
be condemned as prize; or, if retto:ed to
any perfon entitled to her as the former
owner, that {ucn reeoraticn !hould be
made on paying EaIvage. The CLAIM, and
anfwer Of Hans Frederick Seaman, Diff
cloies the neutral character Of the ve{-
eel, and claims her On behalf Of the own
ers.
The queaions growing out Of ,hrie
facts, and to be decided BY the court,
are,
IsCapt. Talbot, the plaintiff ia error,
entitled to any, and if to any, to what
izlyage in the cafe which has been ha;-
edf
Salvage is acompenlation for aftuaIler-
vice rendered to the property charged
with it.
1t is demandab.e Of right for veGels
!aved from pirates, or from jhe enemy.
In order, however, to furport tie de-
mand, rwo circumstances mutt concur.
Ia. The taking mutt be lawful.
I'd. There mutt be meritorious feryice
rendered to the re- captured.
1T. The taking mutt be lawlul-for No
. claim can he maintained in court Of juf-
tice, ioandei on an ait in irelf torlious.
On Ie-capsafe, therefore, mzdeby a neu-
trail power, no claim for ilivsge Can arife,
becaufe Tie act oE re,akins is a hottie aSt,
no, iuaihed 5y ;lc d,uaE.on OF ihe aasion