Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-11-09

On The second point, moro Essential perhaps '"s
40 G, !, determining the rate vi compensation 10 "
3D. !, ,,n.srs 70 mr. that the following facts are e.
,,h.h,d Ina, Iii. danger Of the Grace Brown ,prcaI
,,.ded IN the srs instance, ifoi want Oh tI I'D ,he
knoylcdgc which, pnt could have aii'fu s.ns, wh.
cnplain succeeded in getting enc IN time. dan-orous
,hs wind was s l., her situation was more =acssl
wy h ,b ;.heIl,nts commenced The "oin " s.'
vogc. the wind was y. W. and n"' -, r,.s - he
Getting her o;r-ihal she was got got %, ha .os rre.
tide and the aid OF her own -as har.. that nos.
vented from going on shore b p 10 their profess
ssss'ns VI, 'oe 49,, haans incurred but little fsS "
SONS % prs IT,, net Of salvage; that as Inc neu".
49, =, -, ,;mr the pilot boats were y" ~ - IN
nd ,ha, in navigating The sh'p 10 N"fios' M, cnn
anu 'na. - ,oder the circumstances exisuhe w, .'
;aa..h,.. hat they commenced '''e 'e .,.ad :,
Si'ei.1" clock on Saturday morning, anu a'''.eu -
aonn. :, The wharf IN Norfolk about 0 CLOCK III INC
enJng Of the same day. a., ,uI,o,,
On these facts, the enquiry af'ses' ".e '"e
entitled lo salvage, aud III what aN"un. -, :.
! G -, 80 !. tbs COMPENSATION that is 10 be made 10
,hr arsons he whose assistance ship or It's lohdhg
NAV be saved from impending PERIL OF recovered .f"
actual lDss-and in fixing the rate OF salvage Tue Louft
h, nsnaly regard not only to the labor ana peru M
od bv the salyors hut also TO the situation IN which
bev NAV happen Stand with respec, TO The property
s,ysd. tn The promptiude and alacry manifested oy
them 10 The value Of the ship aud CARGO and 10 iiie
degree Of danger from which they were rescued.
And LAID down as u ptHciple NHicH N"'''>
cnn,rovcr,cd, that where II is proved that no human
rce could have ayeled the danger, unless Providence
kindly aided their exetons By which the object - At
tanned does not deprive the aivors Of merit but may
diminish the rate of compensation.
II is Tor rescue from present Impending pef's, hho
not those which might possibly under subsequent con-
tngrncies bela the property, that compensation Is
made.
The danger of The property saved at the time Of sav
ng its value the extent OF service, the uanSfr incur
red rendering it, to the lives and property OF Inc sal
yors their character and the local knowledge hy when
the dangers TO those not possessing IT. may he avoided
are all elements in making the delicate ano dAicu'
computation of the eralion to be awarded as sal
wage.
That The liheants are entitled 10 compensation tor
their services in this case not denied. II IS clearly
established rs repeated DECISIONS and especially by that
of the Supreme Court Of the IT, 81 in the case OF to-
bart RS Drogan and Others 10Th Peters Keep luo, lhal
however, pilot while acting IN The Strtrt Inc q ms
duty may pnle himself 10 extraordinary plloiaSe com
pensalion for extraordinary services, as contradsti-
pushed from ordinary plloage, for ordinary services,
he cannot therefore be entitled to salvage But pllot
ms such not disabled in virtue Of his Office from De-
coming savior. On the contrary, whenever he per-
forms salvage services beyond the line oil his aPpro-
pirate duties andcr circumstances, tn which those
duties do no, Justly attach he stands in the same rela-
,ion 10 the property any other class, that IS, WI"
title to Compensation the extent of the merit OF hs
services viewed in tie light OF liberal pubic policy
Regarding fIi0tS as q useful
men emneny contributing by their skill, intrepid'iy
md local knowedre tn the success Of navigation, the
Courts have not been disposed To impose on them dn
ties beyond those appropriately belonging 10 their Office
or 10 deprive than Of the reward OF dangers encoun
tered in such extraordinary services But as the peril
incurred always enters largely into the estimate OF re-
muneratinn to be made their local knowledge will al
WAYS he taken into consideration in estimating salvage
services.
/ On this principle Sir VIM Scott decided The case OF
Tha
was the case of foreign vessel that had struck on
sand hank the Essex coast, from which she was
rescued by the master and crew al fshIng smack.-
The Court sad that il would never be allowed that
claim Of salvage should be engraied on the lncal gno
rance Of foreigners who are, Of course, not very likely
10 be well acquainted with the coast. The danger OF
the vessel from that ignorancethe salvors pos
srssed the necessary local knowledge 10 exricate her
without peril 10 themselves, and for their services, ttY
pounds were allowed them, and the service pronounced
To be as low egree OF salvage merit as could be pre-
scented To the Court.
| In the case of Hobart and Drogan, one third oil the
appraised value of the brig and cargo was awarded as
salvage. 1t is argued, that there IS strong slmll
tude between that and the case at Bar. In many
of the circumstances attending the adventure, IN the
means employed, and in the character Of the parties
there is But, it seems 10 me, that IN the crcnm
stances which mainly regulate salvage the resemblance
is not strong In that case, the brig was IN most I'm
ninrnt peril In the hurricane which she encouner"o,
j
making in her hold, her pumps c!nakrd with cot.
fee and useless, and size aground The master and
crew had ahaDdondcd her In save their lives he sal
yors after unsuccessful attempts boarded her, with great
danger TO hemstires, the wind was blowing IN such
direction and with such violence that II the brig had
moi been taken possession of by the libellants she
would hive been dred on The West BANK ana De-
come complete wreck--so that the peril OF the SAL
vors and Of the brig and cargo al the time OF salvage
was great and imminent.
hoa tI,arpf n
sation notwithstanding their character as pilots, no
precise rule afforded by that any other case. to x
| the amount.
| Villa, then is TO be Tie compensation in this case:
! H. The question Of salvage, depending III all cases
on the peculiar circumstances of each case, IS subject
10 the legal secretion Of the Court. But IN case OF de-
ralic the is regarded 50 great, The restoration
Of his abandoned property 10 The owner so eh.Ifey
clear qain that the Courts have established avery hlg
rate o' COMPENSATION with such uniformity, that, al
thouqh The rule IS admitted 10 be flexible, should mol
be dsposrd under ordinary circumstances, TO depart
from it, The general allowance has been OF not less
than one third nor than one half OF the entire va
/ lue of the ship, cargo and freight earned
/ Was the Grace Brown derelIcE
/ regard the law as well settled that mere ahan-
donmcnt of a chip the high seas, with the bona hide
intention Of returning TO her, when the impending pc
Ri shall have ceased, or The object Of leaving or
attained does not constitute the ship dereci In The
case of Rowe vs. Tho brig -, Mason Rep, do
M; understand Judge Story contracting ihIs doc
i,rine. In the case Of tie Barge Johannes, Rob.
Adm Rep 2G Sir VIM. Scott had intlma'ed an OPT
Mon, lila, if u vessel be captured and afterwards aban.
doned by the capturing enemy, 1t was not case Of
dcrelici because neither The owner, nor those VINO
were in possession his agents had committed an act
Of dereclion So that in this view there must be ro-
iuatary Abandonment by the master and crew But
s.,his opinion says Judge Story, "has been silently
retraced" If,he abandonment shall be without the
intention TO return, deel'ct, whether voluntary or
| involuntary. 49, .
In the case of the Aquia, Rob. AZ, Sir VIM. Scott
had Ii, d. that legal derect is properly, where there
has been aba ndonmeni al ,cahom The h0pc 81 re-
c0rcrv Judge Story adds, That NIGH, perhaps have
been more accurate 10 have said abandonment with
out an intention To return.
! On various cases cited at The Bar this rule has been
acted on, and | regard it as settled.
have already said That in this case on the proofs The
ma srcr Of The Grace Brown at the time oil leaving her
with her officers and crew, INTENDED to return TO ne
| ocl In al dorelict The al