The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1858-11-04
Wrecked Property and Salvage.

The loss of the French whaleship Napoleon III,
in the Bhering Sea, and the recovery of a part of
her cargo and effects by the ships BrcganSa,
Nassau and Hercules, again raises the question of
salvage-always a difficult one to settle to the
satisfaction of all concerned. The Napoleon had
on board some twelve or thirteen hundred barrels
at the time she foundered and was deserted near
St. Paul's Island. She was fallen in with by the
Bragonza and Hercules, each of which vessels
succeeded in saving some three hundred barrels
of her oil. The Nassau also picked up a boat
and perhaps other effects were picked up by
other vessels.
1t is a well known principle of maritime law,
we believe, that the finder of property wrecked
or abandoned at sea, cannot claim or appropriate
the property found as his. This law is even more
stringent than with property lost or found on
land. For instance, a ship is found at sea, de-
serted and a complete wreck, and in that condi-
ton is towed two hundred miles, more or less, in
to port. The popular idea is that the salvors
deserve and should receive the entire proceeds of
such vessel. Indeed, this was done in the case of
the discovery ship Resohaae, which was found in
the Arctic and on her arrival at New London
was purchased by the United States Government
from the salvors, and then presented to the former
owners, the British Government. Admiralty
Courts under the laws of most nations, have the
jurisdiction of the settlement of salvage cases.
And, however opposed it may be 20 the popular
opinion, a case has rarely been known to be Set
tied by giving to the salvors more than one-half
of the property SO saved. The principle is to re-
or expense incurred by them.
- r IL -
Messrs. Waterman & Co., the agents of that yes
sci, arranged with Mr.. Stalenhorst, the agent
of the Paris Board of Underwriters, in regard to
what salvage should be allowed the ship. 1t was
mutually agreed that a full statement of the facts
in the case should be prepared and signed by the
Captain of the Braganza, and Capt. Morell of
the wrecked ship Napoleon III; that the whole
case should be submitted to Chief Justice Allen,
whose decision should be final that the ship
should return to New Bedford, and that the share
awarded by the Court to the Underwriters should
be held subject to their order ON arrival of the
ship at that port. The statement of facts was
accordingly made out, and the case was laid be-
fore the court for decision.
In the meantime Mr.. Perrin, the French Con-
sui, took steps to bring the matter before the
SiA1OA cSA III AOAAg A0lA4n 10 VIC
understand, that the oil should be delivered up
here, and that the Bragansa should be detained
here till the whole matter was settled. For this
purpose a warrant was applied for to detain the
ship and oil in custody of the local authorities.
On learning these facts, the agent Of the vessel
very properly cleared her at the customs and
consulate and Immediately sent her to sea be-
yond the jurisdiction of the local authorities, by
which the question of salvage falls back ON the
settlement agreed on by the parties authorised to
do it. 1t would seem that the interference of the
French Consul in this matter, while the agents of
the ship and the duly-authorized agent for the
Paris Board of Underwriters are present, and
have done all they can to settle the case amicably,
was entirely uncalled for and if his desired
action had been carried out, much delay and UNI
expense would have been incurred. We