The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-05-20
Opinion OF Judge Grier I'm the Salvage
Case or the Brig Huntress.

CHARLES H. Robson, ct al, ~. BRIG HUNrREss.
Appeal from district court eastern district of Penn
sylvania. In Admiralty.
JUDGE GRIER: 1t is no objection to claim
for salvage that the service has been rendered
by the officers and crew of a national vessel, or
that such vessel is in the Service Of the sove-
reign Of a foreign nation.
The right of consul to intervene on behalf of
citizens of his own country who are absent but in
terested, seems too well established in practice to
whom such sovereign has a minister ambassador
resident in the country. Regularly he should state
for whom he intervenes, moro fully than ia set
forth in this bill But this defect may be remeded
suggested, and carried out by the decree of the
district court
/ fully concur with that court that the service
rendered by Captain Adams and Lieutenant Robi-
son to the brig Huntress are highly meritorious,
and partake Of the nature of salvage service, and
should therefore be literally rewarded.
On principles both Of policy and justice salvage
services should be estimated on more liberal and
enlarged scale than mere compensation for work
and labor. It il a reward for rescuing ship from
some impending danger and distress. Its ingre-
dients are first enterprise in tho sailors in render
ing assistance in tempestuous weather, and at risk
of life. Secondly. the degree of danger and dis
trcss from which the property is rescued. Thirdly,
the degree of labor and skill displayed by the sail
ors, and the time they occupied. And, fourth
lys the value OF the properly saved. w men ali
these occur, large reward ought to be given; but
where mono such, or scarcely any, take place, the
compensation can hardly be denominated salvage
reward; it is little more than a mere remuneration
pro opere etIabors. (The Clifton, Hogg, 1901
l. The Huntrsss, at the time these services were
rendered, was not in immediate or imminent peril
Though, from the sickness of h0r commander, (the
first mate,) and the nautical ignorance of the
second mate, on whom the command devolved,
she ha been brought into situation where il was
highly probable she might incur great danger.
The danger from pirates il perhaps moro imagi-
nary than real; il may have been possibie, though
not probable, on coast frequented daily by British
war steamers The mon had sufficient skill to
navigate the vessel clear of any visible dangers,
such AZ running her on shore in the day time,
though without knowledge sufficient to guide her
through the ocean, to conduct her to her place of
destination.
2. The assistance rendered to her by Lieutenant
Bedingfeld required neither enterprise risk of
life or property. Thecrew of the Jackall rendered
no service or labor whatever nor we're required TO
render any. The Jackall, public vessel, was not
diverted from the performance of her regular duty
on the coast. The service rendered by Mr.. Barrett,
though requiring the nautical skill of pilot, SUBJ
jected him to unusual risk, and required
common skill The conduct of Lieut.. Bedingfeld,
Capt. Adams, and Mr.. Barrst in the whole trans.
action was highly honorable and morally meritori-
Gus, though requiring no great enterprise or physi-
cal exertion, subjecting them TO unusual peril.
But the services OF Lieut. Robson were undoubt-
eddy characterized by all these qualities. shall
not stop 10 inquire whether the sickness, which
attacked him after he won't on board the Huntress,
can be attributed to any peculiar infection to which
he subjected board that vessel. II il enough
that he suffered after he came on board: that he
was cut off from medical assistance, and in great
danger of life; and we do not know that any other
cause produced the evil. Whether he can be said
neither no nor Capt Adams anticipated when this
service was undertaken; or whether, ifsuch q con-
sequence had been anticipated. the danger would
not have probably been encountered, are specula-
tons which cannot affect the case.
Lieut. Robson is, therefore, the only person who
has incurred any hazard or unusual labor, or cx-
dended time or money in rendering salvage SER
vices to the Huntress The other officers named
rendered services undoubtedly meritorious and
useful, and deserving liberal reward from the
owners of the Huntress; but the owners of the
salving vessel (the Admiralty and the crew rem
dercd no services whatever that be appreciated,
and the case is not one OF military salvage The
loss OF the service of Lieut.. Robson, II Of any i'm
portancc to the Admiralty, will be compensated by
the deduction from his pay while out OF actual SER
vice.
The practice Of the last century in salvage cases
il thus described by Sir Edward Simpson I" The
maritime laws Of England fix certain proper
ton in cases OF salvage, but are governed by cir
cumstances of danger. hazard, trouble. and ex-
pense OF saving An eighth tenth, except in cases
Of srirsme hazard 10 ~ much as 10 usually allowed
In some cases OF extreme hazard. one third, one
fourth one. sixth, one ninth, a sum of money
only, account ofsalvage, given. In this coun
try in cases Of derelct, or saving froh imminent
and impending destruction. with great hazard and
labor. Il is usual to allow half, third, or
fourth. The fact that one Of a crew of eight per-
sons coming from the coast Of Africa was taken
with the fever, is no evidence that any uncom-
mon or extreme hazard has been encountered.
Az there are but four persons who have actually
rendered any service at all 10 the Huntress; a.
three Of thcsc encountered no hazard, and per-
formed no labor, except twenty -four hours' pilot
age by one Of them; the vessel, though astray
ond lost in one sense of the word, was not in any
immediate or imminent peril, do not think It
case which CANA for one-fourth Of the vessel and
cargo, alter paying all expenses, in order to give
liberal remuneration for the labor and peril en-
countered In rendering this service.
The decree 10, therefore, modified az follows: Out
of the gross value Of the Huntress and cargo,
$4,000
4. Pay port expenses, &C., Ss7S 30, as taxed by
district court.
2. Taxable costs and proctor of ibelants fees
reasonably duo in the district court, and taxable
costs in this court.
3. To Lieut.. Robson ..............S1,4 400 90
To William Barrett. 100 90
10 Lieut.. bedinghed ....-...... 200 90