The republic. [volume] (Washington [D.C.]) 1849-1853, 1849-09-22

irrespective of the character of the by which
it is accomplished. The former addresses itself
with persuasive influence To- all. That end as life and
property are dear, If possible, 10 be secured, and
all fair and lawful means TO effect il consequent
ly tobe encouraged, Why, then, is it that the ON
GERS OF public armed vessels are not 10 have the
same incentive 10 exertions necessary to the end
with otherss Are they under any other special OBJ
legation to do such deeds of kindness and humanity?
The ofhcer and the citizen alike impelled
TO such service by general considerations OF social
duty but the law has deemed il wise TO add TO the
incentive OF mere duty that Of pecuniary reward.
The service is often attended with great peril, and
the experience of the world has proved that should
be stimulated by the prospect of pecuniary com
Pensation. In the language Of Sir William Scott,
in the OF the Louisa DOdsOn, 3lS, ssand, though
il is certainly the duty of the kings ships to afford
assistance to all his maesty's subjects whom they
may meet with in distress, yet do not know that
il is incumbent upon them, at the hazard perhaps
of their lives and without any prospect Of reward,
TO take charge of ship in sinking state. Any
hesitation in affording assistance might be of dan
gerous consequence to the property of persons 80
circumstanced, and it Is therefore proper for the
encouragement of prompt and signal exertions on
the part OF kings officers and men, to hold out to
them the prospect OF reward"
The whole doctrine rests, in truth, upon en-
larged policy, and from its very nature must be
irrespective fthe private public character of the
salvors In the words of Chief Justice Marshall, in
the case of Mason ct al va. Ship BIaireau, Crarch
24O, French vessel, by the-by, rescued from dan
ger by the claimants Of salvage, the allowance Of
very ample compensation for these services Zone
very much exceeding the mere risk encountered
and labor employed III assisting them) is intended
inducement to render them, which il is for
the public interests and for the general interests
of humanity TO hold forth to those who navigate
the ocean"
If such considerations be well founded-and who
can doubt TIT might prove perilous experiment
for France 10 adopt the rule and obtain its recog
milton by the other nations of the world that no
salvage shall be allowed those who might rescue
French life and property upon the ocean from inn
pending destruction.
There is, however, no such rule now existing, and
am therefore very clear in the opinion that the
case before me was one for salvage.
REvERDY JOHNSON.
Hon. JOHN NJ CLAYTON, Secretary of State.
The Minister Of the United Slates in France to the
Secretary Of State
LEGATION OF THE UNITED STATES
Paris, August Is. lS49, 5
SiR: acknowledged in my number 81 your num-
Der 50, of the 5th of June, covering copy of the
correspondence (and documents belonging to it)
between the Department and Mr.. Poussin, French
Minister at Washington, growing out of the claim
to salvage by Commander Carpenter, of the United
States war-steamer Iris, for rescuing the French
bark "Eugenie," when she had struck on the bank
of Riso; and of another case, in which the Minister
preferred claim to indemnity on behalf Of
French merchant, for alleged grievance suffered
when our army was in Mexico; the tone of which
correspondence on the part of the French Minister
was deemed offensive to our Government.
My number SO next informed you that had SUBJ
mitted the correspondence to the French Govern
ment, with an explanatory note, dated the 7th of
last month, a copy of which transmitted
have now the honor to enclose copy of the an
swer from the Minister Of Foreign Affairs. 1t bears
date the 9th instant, and was received yesterday.
As your instructions of the 5th of June simply
charged me to submit the correspondence to the
French Government I IN m feel that hay AM
warrant to discuss the answer of the Minister of
Foreign Affairs.
My duty, as it seems to me, will be fulfilled by
fastening to enclose it to you for the Presidents
consideration.
This despatch will go by the British mail steamer
that leaves Liverpool on Saturday, and a duplicate
of it will follow by the American mail steamer
have the honor to remain, with great respect,
your obedient servant, RICHARD RUSH
The Hon. JOHN M. CLAYTON, Secretary of State.