New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-12-25

.psred d: oee efthsm. sA:s ~ 81 xsssdse
them dtcnl, to ssy what the preciss scstsssn re, o.
tsliy wounded and easy tn sse how Tmsr
AID Shedding eopd have extended TO them any humane st
Lo,'i cos.t fur or Eve days 'sil from pses
ahy sih"m theoretical h owleds- Of navkaticr and bv
crrr hus thew ~. hot to b. blamed ss ss,otng their
It nee T. 'h.r e-caps from p-n BY nsvissns sheif
tor apon Ssr DYING sasmi. gree With Il. ls
OF he ots ig Council the that the s,s
vs.e CONFER son re Tue foundation Of ,svsss rewardh
tie DANCE toll, aid sk Of the ,alvors and the peril f
hieb hsl rr'cn- property and not the mere tragic hs
The 10 closed this c.se for the claimants iDss
that he r.sdd no. ele,e the from bu. rather IN
cs@~d er pei The sround Of hi. singular objection
'h"t the ssio re igeor> :. tine sory Of pavigsou
know ,G. fully & rec Of this obi. sion sst
k'o~ n % principle Of Law that p"scbes ID, cssrss
hi, p.rf raue salvage eiv,e when her hsn-n al
Within 'ch. FiieH srcon,t 90 he
20. q the bars ~ gden cited IN Marvin on Wreck sS
SsIvsgr, p. ll3 note. says Where Terson. offer their
s-rvi .. 10 vessels 10 distress. snd there are 10
opr indlvidos's on the sro, capable Of rcnds ns
eicisp' assistance, Ibis Court must look with
AID tea, can be procured and oarsd state Of sssi sIf
geury every s'lo~src~ mus BE- insde II they pos
nndeIt den, Add 10 the C,pe Packet w Rob IT. ID.
CD sntho ny id down the rule % TO qualifications
the, bound ordinary ss snd prudence in he
cudu Of the duty trey take upon tbemseive. to per
they posses ssd uch degree Of sail aid pa.
deuce persons in their don ordinarily do pses and
ina, be fairly expected di.p,y" These repas Of d.
In lioson Il be remembered. referred here
not Connected with the impeed vessels had under
wheSr the undertaking had partial, or wholly mis-.
si Int IL would be mOst extraordinary doctrfos
prived OF her others and part crew. the
aud immrn peril becoming lost u her owners ard
| safe ito thHt
possibly Performed tho s-rvce-are 70 be ved Of
s.'n !. T. sari.n. IN bi. case thst BY the fsmsy
IN Imam the colorrd steward Aih the coast from Tho place Of
re.cae 20 Newyork his accurate recollection and ready
ogpition Of ocats his pess vigilance and corr.ee sad
cd sense thar him credit he able. with the
s"s s.fe, iao port Wheeler he able to tssp os.
/ Of the .. rvirea rscds ed 20 the claiu.snts
the right salvage in tnis has been contested
and eb r-ey ssaed. nave ieszsmiaed the doctrine laid
down by in the ease Of the brig Cuba recently decided
this Court sud upon careful review Of the authorities in
the high, hed upon them In this d,eu"on SIN clearly
the oVnon hat the services rendered by the salvon that
and the present csse were equivalent to rescue from be
hs, suggested that this does not come within
that of the Cabs n.smuch the allegation In the libel 10 that
the wsras was captured BY pirate. But case q hi. kind
both far tho original csptores concerned
substa foo~a The eaptot took the vessels In both
they revocs5iy lost 70 their owners vessels and car
Foel here esnnot be .hsdov Of doubt In tie case ssv
befe The ve. csd BEEN shout ten days In the hsnd
her csptos wt5ia days SAL Of the hostile part
Her peril grsote % her chance Of recsptus BY snoAs
e-s-l was L.. than that Of the Cuba:
But T. aid thai, ~ the Of The Law, the Waving wH
not sta. Of peril a. az because the United State,
bound rore the pop~Ity Of loysi citizsn. which as
by tho insureo and the Court ought TO
S: & w , Sn, an not s. sr UPON
for Sisposns Of present rights 20 ret my concc'sas
spon what the oovernms'. WI s. c,o opon 70 So ss
Admiralty 10 administering pnbc law, act upon facts md
rule. Of law aud lot IRON a. % the eo,I.. ?:
~ bel iaerent On recspture she e emitted
to b. acbssd without payment Of salvage 90 tho ground
Of h~ dhsgsd by the Couts Of the csptos But
To the rule 'h, the Courts OF the este ne
known o disregard the law ~h,h protects neutr4l&
Il would hardly be .n,wer e. this exception on l6eiof
'sy"s' III the onr.s Of be neurs nation a.
for out ae-s eonmi'ted upon 'he commerce o n,ss
si,a yso they At ri 5-ss s The W" oH'l''
Il urged th.t tie fact that Timsn animated hys
escape the doom Of Ssvery to which he feared q.
without that his cspto intended to couseu him. -
stroy or Of his claim But 10 settled ~
that motives of the 'svor are not 20 be inquired INA
Dec, ~; The lie ligree. Wash, c. C. r.. ssa.l
tbersfo,- Of o'Di that these rescaers are entiedn
sai,s.e Tn. rate 10 such c.es fixed by arbitrary r
bu, mus. rest sound discretion reference to all the csw
stances s.irs rad There are several features o. the css
I. The great peril Of the undertaking
The ens time the vessel had been In the hands0
T. rS~ e. rene peril which the vessel and cargo wss
delivered The sp' yseSPera"d not entirely sses vs
:. The perfect .ucee-s Of b. salvage 'ecice.
have been requested B., both parties to AZ ,pecise
In I'D Of sproPo'tio.ate SUM- have settled upon si'
the value vessel .pd lsirs been esma'ed q sosu
x4s eO have carefully examined the various csses hsv
som similarity this aud satisfied that this sum 10 net
far ont Of the way. ,,,.,,..,.
Ia th. sum think the bsants all entitled to psrtsd
pete though ia very unequal proportions Mscknnon
though a passenger IL clearly entitled to some smeont
ressrd biz case much msritohous than hcLeed
shhonsh nis ne. much inferior to that Of l1lmsn
sddinC But tho respective amounts WIZ % nAes ~"
afer =,
The amount of salvage be bone by the vessel end
An
values agreed upon by the parties reference must
made to q Com nj -iober 10 ascertain them.
sxsb. costs he born. by aud cargo exclusive
Of the salvage and without dininution OF the stseI
BIC 24-Before Judge Belts.
PRIZE PROCEEDS INVESTED IN GOVERNMENT sToCAA
The United Stat. ss The Shark &C. and cs
On motion of Stewart L. WoodfOrd, Assistant u
Attorney the proceeds Of the iueriocntory 'aha
the prize schooner shark and her cargo directed 10
Invested n tho Government 100 oan pending the hnsi 6<
sien of The suit.