The republic. [volume] (Washington [D.C.]) 1849-1853, 1849-09-26

of individuals, and thus risk the public
property without authority, or an indem-
nifty for all expense and damage
In still later case, British govern
ment steamer assisted the EweH Grope,
when in danger on shoal off Jamaica /;
and the Court, on valuation of R6, 900,
gave ~ per cent. and cost So in the
case OF the Wilson's, q w. Rob. Rep,
l72,) Sir STEPHEN LUsHINGToN decreed
that for personal risk and labor encoun-
tered IN salvage service, the officers and
creaos Of king's ships aoere entitled to remu-
neration ON the same footing as other sailors.
These were all cases of civil salvage, and
rest upon general principles of maritime
law, as applicable in this country as in
England. The war salvage in cases Of
recapture depends in both countries on
statute regulations, no more positive or
binding than those of the law of nations
in the case of civil salvage. We ought
not to omit that the American case of the
.Amistad, cited by Mr.. JOHNSON in his
opinion in this matter, fully establishes
that the American courts fully recognise
the English doctrine on this subject as the
law of the United States
We contend, then, that it was Com
mander CARPENDER's duty to claim sal
wage in this case, being entitled to it by law;
and if he was wrong in any respect, it was
in emitting to prosecute the claim. What
ever right he may have had to waive his
own claim in the premises, it was his duty
to enforce the rights of the crew under his
command, who had undergone labor and
hazarded their lives to save the property
Of private individuals. When it is re-
membered that Mr.. CLIFFORD, our minis
ter in Mexico, the late Secretary Of the
Navy, Mr.. CLAYTON, and Mr.: JOHNSON,
have all united in the opinion that this
was clearly case of salvage; and when
we see that this opinion is borne out by
the practice OF the British navy-we ap-
prehend that the attempt to censure or
criticise the conduct of Commander CAR
FENDER will meet with no approval or
sympathy from the American people. 1t
is certain that he set up no ''strange doc
trine"-and it is equally certain that he
ought not to have abandoned, without an
effort in their behalf, the rights of the gal
liant men who composed his crew. It is
well enough to declaim about generosity
and humanity but in mere case of the
rescue of property from sea hazard, we
apprehend that the duties of generosity
and humanity terminate with the aban-
donment of our individual rights, and do
not extend to the sacrifice of the rights of
those whom we represent and are bound
to protect.
With regard to the Somevs, which was
case of preserving not property but life, it
il only necessary to say that the mere pre-
servation Of life is left by the law to pri-
vate bounty, and furnishes no foundation
for claim of salvage. THE Aid, Hagg. !,
AID. Rep 1867 1t must have been, there
fore, nothing but morbid anxiety to CEN
sure Commander CARPENDER, whether
he was right or wrong, which could have
induced reference to the case as pre-
senting an unfavorabe contrast to his
conduct in the case of the Eugenie.
As to the detention of the vessel, this
was a right growing out Of the right TO
salvage. The salvor has hen on the
property saved at sea, and may retain it
until an adequate tender has been made.
g Chitty Gen. Prac. $50, citing Abbot.
In this case there was no tender, on pro
mise Of compensation; and, therefore,
Commander CARPENnER would have been
justified in OBTAINING the property till the
rights of his crew had been made the sub
ject of legal adjudication.
We protest, therefore, against this at
tempt Of the Opposition journals to i'm
peach the conduct of Commander CAR
PENDER-by the sinister expression of
"regret" that he preferred claim to pc
cuniary compensation in this case by
contrasting his conduct unfavorably with
that of the French in the affair of the
Somers; or by censuring him for the
temporary detention of the Eugsnie. Do
not let us sacrifice the reputation of an
American officer, to Justify the "suscepti-
bility" Of M. PoUssIS in case where all
susceptibility was superAuous. We re-
greet that the violence of party spirit, and
the bot haste Of faction to censure the
Administration, should induce even a
momentary acquiescence in the idea that
Commander CARPENDER has been false in
any wise to the "dignity of our national
marine "
We devote large portion of our col
umns this morning to the admirable adj
dress of the Hon. ELISHA WHrTTLEsEY,
IL A Al.