The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-09-18

the wreck for some four days from the time she vas
discovered till delivered to the Colector-that the
and assist ted in saving the brig and her cargo;
ard that the officers and crew Of the Plymouth for
the service thus rendered and the risk run were
Justly entitled to reasonable salvage. The answer
after admitting the facts substantially, set forth
in the libel states that the sloop of var Plymouth
in rendering assistance to the brig, was acting
under instructions from the government, which d.
rected all naval vessels Of the United States to rem
der such service freely and promptly to Ameri-
can merchant vessels in DISTRESS and that, in
the opinion OF the government, it best comported
with good policy and the interest Of the Navy,
that no compensation should be allowed for such
services and that in rendering it, the officers and
men Of the Plymouth only discharged duty en-
Joined by law and for which they were entitled to
no other compensation than the usual pay allowed
while in the employment OF the government The
proofs show that no very extraordinary or hazard
servi, was required Of the officers crew, or
was rendered by them in saving the schooner. She
was discovered in latitude 81 N and % W., being
about lao miles from the port Of New York. The
weather was fine from the time she was taken in
tow till her arrival at that port with the exec ption
of some twenty four hours, during which there
pretty heavy blow, and on which occasion an ad-
ditonal hawser was used but none Of the crew were
exposed on account OF remaining in the wreck during
the blow, as the officer and few nee on board were
removed to the Plymouth. The only delay that
occurred to the Plymouth in her usual service was
about two days, owing to the change of her course
dered was under the direction Of the commander OF
the Plymouth. and agreeably to the general in
structions Of the Secretary of the Navy to all the
naval vessels of the government The officers have
renowned all claim to salvage for the service, and 80
advised the Secretary Of the Navy; but the crewTe-
fused. tisnot necessary to determine, in this ase IN
order to dispose of it, whether not the ofcers and
crews of the naval vessels Of the United States
in any entitled to salvage for service rendered
to American merchant vessels in Distress notwith-
standing the instructions on the subjece by the
4 Lox- O.
which they are entitled to salvage compensation,
both on principle and authority, Is Rob. 273. the
Gage; Edwards, 279, the Lord Nelson; Id. lis, the
Pcnsamenta Felix; IL Peters, us, Armistad case;
esion OF Judge Lee, South Carolina District; IIag.
Ia theThets Id. 1870, the Helene; 5i; the Lustre;
Was. g. G. r., $50, lie Tigre.) But in these
cases there should be something more than the
usual peril encounterei by the officers and crew,
and an extraordinary service rendered, exceeding
the duty imposed from their employment in the
public service, and the special Instructions of the
COVE .nment on the subject Ordinary service in
rescung American vessels in distress, requiring no
great hardship peril on the part Of the officers
and crew, would seem 10 fall directly within the
line CT the general duty thus enjoined; and is
service bestowed by government for the protection
and encouragement Of its commercial marine, and
the right to impose this duty on the government
vessels is too clear to be controverted. Great and
extraordinary service and peril in rescung the ship
and cargo would present o different question. and
stands upon different principles and policy. These
are acts which, OF themselves, should be the subject
of reward and encouragement, and not necessarily
comprehended in the duty resulting from the public
employment Of the persons rendering it, or from
the ipstru ,tions Of the government. Now, it ap-
pears from the proofs in the case, that the services
upon which the claim for salvage rests, were in
way extraordinary perilous, and consisted wholly
in boarding. the schooner, securing to her the
hawsers, and towing her into portthe crew having
been removed from her when the weather rendered
it dangerous to remain. 1t is US service per-
formed in obedience to the orders of the officer in
command of the sloop of war, and, in itself, very
eommeDdable, and deserving all praise; but not
specially meritorous, at all nazarding the lives
Of any portion Of The crew There would be neither
reason nor sound policy in constituting this descrip-
tion of service the part Of the officers and crew
Of naval ship Of the government a salvage
common salvers. We shall, therefore, affirm tho
decree of the Court below, dismissng the libel with
the costs of this Ceurt