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

There seems TO be disposition on the
part OF the ex-organ to take sides with
M. PoUssIN and M. DE TocaUEvILLE, in
their view of what belongs to the "dig-
nifty of our national marine" The Union
of the 25th instant regrets that Comman-
der CARPENDER's "claim to pecunary
compensation was preferred at ALL" 1t
thinks the case of the Eugene will be I'M
favorably contrasted with that of the Som
ers, which was also wrecked near Anton
Lizardo, in which the boats of the French
and other foreign vessels saved the lives
of "many of our gallant tars, without pre-
ferring any claim against our Govern
ment." 1t can see no right which Com
mander CARPENDER had to stake the law
into his own hands and detain the Eu-
genie until that claim was satisfied" 1t
speaks also in italics of the ssunauthorized
detention Of the vessel for the purpose of
obtaining compensation (which it plain
ly intimates to have furnished just cause
of complaint to the French Government.
All this aims to place Commander CAR
PENDER and the United States in the
wrong, and to justify the susceptibility"
of M. PoUssIN.
1t is not SO much with reference to the
Administration as to Commander CARpEN-
DER, that we propose briefly to consider
these grounds of censure. The conduct of
that officer we consider in all respects
honorable and unexceptionable; that he
was entitled to the thanks of the French
Government, and in no wise proper sub
ject of their complaints He saved their
vessel, and released it without compensa-
ton; and the debt Of gratitude accruing
from this service the Frenchmen seek to
discharge by an attempt to blacken his
character as naval officer. This is add
ing positive injury to mere ingratitude.
1t is clear enough that, by the general
maritime law, Commander CARpENDER
was entitled to claim salvage. This is
matter, not of local regulation, but of the
law Of nations. 1t is recognised by all for
eign maritime codes, ancient and modern
The rate of salvage, the amount of compen-
sation, varies from small percentage to a
moety or more of the property saved. In
France, formerly, the salvage was fixed
by positive ordinance at one-third of the
gross value of what had been preserved
Marshall, j., 2 Cr., 267.) By an old
order of the Minister of Marine, France
directed that no salvage should be paid to
her public vessels but by the rsglement
of the I'd Prairial, (22d May, 1e03,) she
allowed them to take one-thirtieth. What
the present French law on the subject
may be, we are not aware nor is it
material as affecting the conduct of Com
mander CARPENDER. 1t is enough for
him that within the law of nations, as that
law is interpreted in the tribunals of the
United States, Commander CARPENTER
was entitled to compensation for the aid
which he rendered in saving the Eugenie
and her cargo from impending peril.
This is so clear and well known, that
the idea of citing authority for it would be
absurd, were it not that some of the Oppo-
sition journals, in their eagerness to place
Commander CARPENDER in the wrong-to
give the French Government at least that
much advantage over our own-have Sc
riously alleged that salvage was to be de-
manded only in cases of wreck. We quote,
therefore, a paragraph from Chancellor
KENT to this point, as containing the best
account to be found in the books, Of the
nature and origin of this compensation.
Salvage" says this distinguished jurist,
g Comm, 244,) "is the compensation
allowed to persons by whose assistance
ship or It's cargo has been saved in
whole or in part from impending danger,
or recovered from actual loss, in eases of
shipwreck, derehct, or recapture; and it
often forms material ingredient in the
discussions and adjustment which take
place when voyage has been disastrous.
The equitable doctrine of salvage came
from the Roman law; and il was adopted
by the admiralty jurisdictions in the diff
ferent countries of Europe; and whether
it be civil or war salvage, it is equally
founded on the principle Of rewarding
individual, spontaneous, and meritorious
services rendered in the protection of
{ the lives and property OF others on the
sea, or wrecked on the coast of the sea. 4
II is chargeable upon the owners, who re-
ceive the benefit, and who would have
sustained the loss if it had not been pre-
vented by the exertions of the savors. -
Clearly, then, Commander CARpENpeR
was entitled to salvage, unless there is
something in the law which excludes the
officers and crew of public ships from re-
ceiving such compensation Our law on
the allowance Of salvage is the same