Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1832-03-26

mOTy anu my r.
lish
Powers of Masters and IMRes.-The follow
ing decision as to the power OF a mate to submit
question of salvage to arbitration, from the Key
West Gazette of February %, may be important
to merchants:
Opin,on of The Court of Appeals, delivered by
His Honor Judge Breckenridge
O'HARA, ASSIGNEE, VS.. BRIG hALcYoN.
This is an appeal from the decision of the Su-
perior Court Of the Southern District. The
Judge IN the Court below, on the petition of ia
cob Houseman and John X. Western. the mas
tiers of two wrecking schoones, decreed IN their
favor the amount claimed by them for theit SAL
wage, and which had been fixed BY an award of
arbitrators. The master OF the brig Hacyon.
one Morse. had regularly submitted the question
to arbitration; aud if the award be good, the
Judge decreed correctly in ordering the payment
of the amount, in preference to sum OF mo-
ney decreed on 5otumry bond, to satisfy which
the money in the Registry OF the Court had been
raised from the sale of the vessel.
| The only question, then. is as to the validity
of the award. Evidence has been introduced
| into this Court which was not exhibited on the
trial of the cause below. From this II appears,
satisfactorily, that Morse MAS the Mate OF the
| Halcyon, and had only taken upon himself the
command of The vessel after the death of the
master. The Court is unanimous y OF the Opt
nion, that whatever doubts there may be OF the
power of the master to enter into such submls-
sion of the question of salvage. there can be none
as to the power of the mate. who from accident
| is placed in command. He is often unknown to
| the owners of the ship Or cargo, and cannot be
presumed to be entrusted with so important
discretion. 1t is his duty TO navigate the ship,
and take ali necessary steps for her preservation;
but it would be attended with serious consequent
ces 10 consider person thus accidentally placed
in command. without the advice or knowledge OF
the parties interested, as possessing all the pow
ers of the master, acting as the agent OF the own
er of the vessel. and, in extraordinary cases. as
the owner of the cargo. The Court is. there
fore. of opinion, that the decree of the Court be-
low be reversed, without prejudice to any claim
the salvors may have to salvage.
For my own part. entertain very great doubts
whether eret q master of vessel has any right
TO constitute a tribunal, where there is a cOmpe-
tent tribunal established BY law, Tor the purpose
OF determining questions IN which the rights and
interests of absent persons may be deeply lnpll-
Gated. It's a common error for masters OF ves-
sells to believe themselves acting as Supercargoes,
as well as Agents of the ship owner and even
in the latter capacity. to stretch their power be-
yond those limits which the law allows
We mentioned in our late foreign news the
death of the Rev George Crabbe, author Of the
Borough and other poems An English paper
gives the following character of the deceased
clergyman:
He was very highly esteemed by his pa,
rshiuners-to rhe poor he Was pruverbialiy llbe
ral--and hr different denominations OF profess
ing Christians in the town will bear testimony tn
the truly Catholic spirit hch he invariably cul-
tivated on every occasion when their united ener.
gies were required to carry any benevolent pur.
pose into effect. The principal shops in the
town were half closed as suon as the melanchuly
event became generally known. This gentle
man was the oldest living British Bard, and has
added to our national literature many poems of
great beauty and vigor. Hi, deineations of
humble and rural life and manners have seldom
been equallod and never excelled."
The Philadelph Gazette gives the following
additional particulars of the late fire in that city:
In the upper story. servant girl was sleeping
in room; and two sisters. one wife OF the to-
baconist, with young child, were in the other.
The flames spread with such fierce rapidlty, that
all entrance into the dwelling was found TO be
impossible. In this dreadful dilemma, one of
the sisters who had just been awakened appeared
at the window with the child in her arms. Carpets
were procured among the neighbors and held by
the crowd below. She flung her child first up
on the carpet, and then sprang out herself She
was much burnt, and bruised; but her infant, to
her great joy. was uninjured. The other sister.
in the panic OF the moment, ascende'i to the roof
of the house. and threw herself upon the pave
ment beneath. She had already suffered dread
fully from the fire:-her hair was destroyed, and
her nails. hands aud arms. severely burnt. She
was taken to house adjoining. aud was at
late hour this morning not expected to'survlve.
Besides the injury received by the blaze, she
had. it was feared. received bruises IN her fall
upon the pavement, which might prove MORTAL