New-York daily tribune., 1857-04-23
MARINE AFFAIRS
THE NIAGARA.


The United States steam frigate Nisgara, Capt
Hudson sailed yesterday afternoon, crossing the bar
about D. m After trial trp of two or three day
she will return to Sandy Hook to land Mr.. Murphy and
his assistants and then put to for England. with
| cut returning to the city.
| THY AsERIcAN BARK ADRIArIc.
As we predicted, the Tribunal of Commerce of Mar
.eles. before which the owners of the Franco-Amer-
| can steamship Lyoupais sued the American bark
Adriac Capt Durham, for the loss of their steam
hip by collision s, ses, the 2d of November last,
b.. decided in favor of the defendants. The Court
held hat the fault if any, lay with the commander OF
The ITO. usbie. the evidence showing that Capt. Dun
Lam ot l. 'as twenty minutes before the collision, as
soon a. he Naw the steamer, hoisted light in the
after rigging. though it did not appear tha, there
was any law com, ~ns him 10 take such precsution
The Adriatic held on her course W. by W. steering
cloee to the wind the arboard tack. the topgalan'
sails furlcd topsas d'ube-reefed, and the cap
tain and watch on deck, and did not make
any msneuyer until collision VITA tss Ly'nnar De
came imminent. The steamer, three minutes before
the collision, perceived the bark for the hrst time
and putting her helm a-starboard, attempted TO cross
TIE bows OF the bark at full speed. AT the same inst
TIE Adriatc lufTed causing her sails to back am
eidththrE HtI Slceu. Inc rtdmcis III hSt 'SpN
movement, struck the bark doing her considerable
damage and passed her course without iuquiring
if the injured yesse needed assistance. The bark
stopped in the wake of the steamer to repair dam
aces before proceeding on her course. The Court
decides, in view Of these facts
Ta, the Brothers Gauhe would vainy endesyor to fouu-
The coud Of Captain Dunham the absence OF ts
uar b. board tho Adrsc upon the pretended absence Of
deck at the mom Mt of collision and upon the ptendee
hh Captain Durham executed az they IN no
prove that American ships Obliged 10 have regular
el board on the contrary from the
appears there il not law OF regulation IN the united
that Captain Durham having had the prrcani9 As soon
h. perceived the Lyonnas 70 ho lantern on ihr ,e, h o.
circumstances, and consideIins the respective position. ol
prudence prescribed him to DO also Vhateyer else he
nht expected to do desuit Of legal prescription to
,h. The presence Of Capt Dunham and sea watch on
deck Is testified 10 IL precise sud unanimous manner oy tAe
Witnesses. cep Durham Who gas oomlnandeT OF sailing
.hip, going close to the wind ana ot coagNe az
slow rato and was not permitted 20 Do a"y S'hea tiinS
sa ,rt and employing all her steam bu. 10 continue his
without changing anything IN MS noLenhts leas
avoid her the when the collision wa. mni.cnt.
nd S,s G pha @ bs v I Ss ws snv not FREE To- make
othcr than he did hh alone was calculated to
The Lyonnas who consequence Of the t,sy night had
yd the A'e too @ BY pns the ,b helm onas SsS sT I
IDENTIFY the intention to pass sesre the Adriaac which
SS.' syn Sy S "S %.ntve to H." ,p.d this '9SS,
ment instead OF putting any obstacles III ms way, way,
having left m pite humanity the place Of the
disaster without lending sny hep to the ds'Id
sbiy tribunals must always energetcaly blame such
& their duty to loudly proclaim of those who
approached with them whn as in the present case There
The Court proceeds to say that in reference to the
alleged signals of distress from the steamship it is
proyed that she went on her way for time with
out inquiring what damage the bark had sustained
bofo Al; that She had
ceiyed eny injury; and that when it was discovered
the bark was too far off 10 perceive them. II con-
tinues:
With respect Csp Dunhsns claim for damages consider
ire that IT, prove. no other than the loss Of tune
eJ by him in consequence of s elay by this
m ~ % @ H. m dtnon ,bsr.by it is d.ridrd thai an
ther Brothers bringing this action have done no more
.r,t number 3f victims caused BY aud the important inter
concerned mad" il their duty to institute the prqcss
thai his personal ntr. 10 have all the crcnm
n, @ prSvr se ,ribs and To- have the serious charge.
which weighed him eaectus removed by legal nfnry
G-uher Brothers against Cap Durham to be inadnissbo
Why any damages should be paid Csptan Durham account
imp. dent pat in the way OF hs departure with hi' ship
thc dy OF the rendition OF this Judgment. he Court
ays all further PROCEEDINGS Threatened by Me.'r Gaqthnr
and d,-oves the stts mnt laid upon tho freight
due TO him by the Imperial heasee' tor ,h. use o III. sup
rertion issued by the President OF the Tribunal Of Commerce OF
The Cour, therefore DEGREES and order. The Captain of
The Port La Cioat the CommsaTy OF Marine tho Collector
custom House and the Captain OF the customs OF said
Re- sud hereby required 70 deliver immediately To
Cspsn Dnap his proper cleaa PapeT and receipt Tor
the event tha, obstac sailing the shp should still be-
interpreted by Ms Geuhier Bothes they arr hereby cen
dsy forced detention to date from Apr tnd hey are
also ad pay the cos This Judgment Is declared 70 De
Aetoy, and is to he carried Into execution or security given
Aso with all necessary rscyat'ons to the he O9ur
~ dtior ii the French Courts. a. also against thu
cre. refusing his tho dsmss. which he sese. he
has suffered in consequence of the proceedings had.
VESSELS PORT.
On Tuesday there were 81 steamers II ships, 81
brigs, aud 2g7 schooners III this port.
NAVY CREWS.
Mr.. Secretary Toucey has issued general order
that the complement of officers and for vessels in
the Navy already established shall be 50 modified that
after rating the petty officers the number Of sesmen
allowed to each vessel will be reduced twenty-five per
cent. the number Of ordinary seapen incnased five
per cent and that OF landsmen and boys Increased
twenty per cent 1t is believed that this organization
will he decided improvement upon tho usual compe-
ment and that the appreDiicesystem aas rendereate
step necessaIy and proper.
BrOY WANTED.
To ne ESito, Of The " Y Tribune
SIR: Plea.e call the attention OF the Superintendent
Of Buovs TO the necessity of having PLACED on
rock that lie, nearly quite 10 range OF the boiler
crane at Ninth street East River and the buoy that
stands nearly opposite, and about halfway between
the two There is about FIVE feet of water on it at
low water and right in the range Of sailing vessels,
and consequently very dangerous. think it is Of a
| concuI shape and might easily he blasted away
BOATMAN