The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-07-16

putting his wheel port sfer coming Into tbs strong Coed
tide setting his boat up the river. much more safe
and judcious movement should have been ordered by
the of the Chelsea that TO have seered
his boat up the until she could have reached an
easy point in the river where he might have wore ship
TO h. srboard Had this been adopted the master would
have found sufhceat Roadway his boat TO have re-
gained his intended in the direction OF pier No o.
But this done and the master OF the Chelsea
ported his wheel 20 round to regain his intended
course down the river He assigns for this
mapouyre that he have foul Of the end Of
long pier and injured and perhaps sunk his own bos
This insufficient reason; first because by any
proper skill the Chelsea might have been carried up the
river past the pier and If his wheel had been kept hard
asarboard she would have gone clear with very little
loss Of time and second. the insufficient
because no man has right destroy his neighbours pro-
pertJ in saving his own. II is not only illegal but
immoral to avoid an impending disaster and throw 1t
upon another Suppose the Chelsea had in that critical
moment. yielded to this law of morality and permitted
herself to foul Of the pier, when according TO the
convictions OF her master this inevitable what would
have been the consequences? The Oneota would have
been saved end the Chelsea would have received the
damage Ii is believed that such result might have
been quite consistent to have shifted the misfor
tune from the wrong doer to innocent party To save
the Chelsea from this disaster she is rounded too by
order Of the master for that ayowed object when the
consequences of collision with the 0neoa to
him certain. 1t would have been more magnanimous,
and think much more luot Tor the Chelsea to have
taken the rk q running foul Of the pier herself but
even that might have been avoided if the master instead
OF rounding 10 had kept up the river and saved both
But there still another too manifest be passed
over The moment the Chelsea found herself unnanage
pe WIN 'hese ohhcuitles IN her way, she should have
et 70 her anchor and that of the schooner also, and
remained until the tide should favor her escape from
hazard to herself and danger to others. This was
neiiher done nor attempted But IL l. said the
ocience, that these were only in judgment
sad that by the laws Of the sen, n master is
not required absolutely 10 adopt such course as to
avoid the daosor but will be justified doing that which
al the time lie honestly believes viii be best and to SUE
tain this position the Of Jonuthan Crockett vs. the
steamboat lsaac Newton. has been cited The steam
b.at Isaac Newton. in that justified, bscaus,
IN" master Of the schooner pushed her into the tide
without wind 10 fill her sails that being entirely
helpless through the unskitu imlrodcn conduct of
the master of the schooner the collision took place That
case in principle is like the present and far from aid
ing the defence suftains fully the libel this case
AZ IN that. there want of prudence skill in the
master when he left place Of safety a such time of
de and no wind to give his vessel Storage way in
this there was want of prudence and skill in going into
the tide at such time This the first great errer
OF the Chelsea and as this followed by the sube
quent errors which in my judgment, palpable
rors she must be deemed in fault and the decree must
be for nhellants, vii ID u order Of rcferenca