The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-12-25

new York his accurate recollection and ready rccogni-
non Oh iocaitcs; his seepess vigilance and courage
ana good sense that HIM great credit no was able
WIN the aid Of his comrades bring tho vessel with no
nIon speed and safety into pert Whether no ablo
the log book work out the dead reckoning
not AFFECT tho value of the services rendered 70 the
nhans AZ the right to any salvage in this has
pceh contested and elaboraely argued have reexa-
mined the doctrine laid down by the case Of the
org Cn0a recently decided in this court and upon
oui review OF the authorities in the light shed upon
.neh IN inns discussion arm clearly of the opinion THAI
VIC services rendered by the salvors in that and the
present case were equivalent to from begercnt
capture has been suggested that this case does not
come within that Of the Cuba nasmuch % the allegation
70 the libel is that the Waring captured by pirates
nu' case OF this Kind cannot turn upon descrip
1--WE epthet The facts in both cases. far as the orr
rhai captures arc concerned substantially M fol-
ows-Ihe captors took the vessels In both avowed
az pzes mat without rescue or recaptnre they
eVocaoy lost 10 theirowners (vessels and
cannot be a shadow OF doubt In tho case now before
w the vessel had boon about ton days in tho hands
y ner captors and was within day sail of the hostile
port Her peril was greater as her chance OF reoaptre
oy another vessel was less than that OF the Cuba hut
~ Is sad that in tho eye Of tho law, tho Warning
htate OF peril at all because the United States IL
10 restore the property of loyal citizens which has
oeen ken by the insurgents and tho ought pre-
suc that tLis viii be done. think this purely specu
auvc suggestion. which am called upon 10 consider
no. Tor me- In disposng Of present rights rest my
.no'.s'ons upon what the government will feel called
'n 70 90 when shc present furious strife shall have
terminated. Courts Of Admiralty In adminsterng nun
NC mw, act upon facts and rules Of law and not upon
spocnlstons 10 the nations may pursue II ia
well settled rule that when neutral vessel il captured
py Dellgerent, on recapturo she is entitled TO DO dis
charged without payment OF salvage the ground that
the vossci was relieved from peril, the neutral
would or course BIO discharged by tho courts Of the
cap'ors. Bus Il 10 always an exception to the
rule that tho courts OF the captors are known
70 disregard the law which protects neutrals.
would hardly DO an to this exception on libel
Tor salvage In tho courts OF the neutral nation adudi
eating the caim TO say that such was bound to
indemnify Us citizens Tor ourages committed upon thor
commerce by nation with whom they were 1T peace
lIhe War Onskan, l. G. Rob, 300 3 Kent,s Com 333
0th Ed IL Is urged that the fact that Tllman was ami
mated by desire TO escape the doom of slavery to
tended 20 consgn him. destroys or reduces the merit or
ms claim But ia settled law that tho motives OF the
savior are not 70 be inquired into Talbot and Loaman
! Crnncn. Thc HARMONY Pct Ad Doc, SO; The 10
tha theso rescuors are omitted 10 salvage The rate in
such cases u fixed by no arbitrary but must rest In
sound discretion reeronc0 to all the being
mad There are several features Of the which call
for liberal rate
|. Tho great peril Of the undertaking
The length OF time the vessel had been in the hands
Oh her captoSs-ab0ut ten days.
D me extreme peril from which tho vessel and cargo
were delivered The 1es retalsrondi, not entirely
gone. was extremely nobulous and faint
a. The perfect success Of the salvage service
Az have been requested by both parties to fix speci
nc instead of proportonate sum have settled upon
seventeen thousand d0arshe value OF vessel and cargo
having boon estimated at about fortyve thousand dol
lars have carefully examined the various cases having
some similarity to this and satisfied that this sum
IS not far ont OF the way In this sum think tho libel
ants are all EMIT cd to participate though very unequal
proportions hacknnon. though passenger Is clearly
Entitled to some amount. regard his moro
than Mcleod although his merit is much in
erior TO that OF Tfmsn or Shedding But the respective
amounts VIII be xe hereafter The amount of sayape
must DO borne by tho vessel and cargo proportion TO
heir respective values, and unless these values are
y ecd upon by tho parties reference be made to
Commissioner to ascertas them The taxable costs 70
70 borne by vessel and cargo, exclusive OF the salvage
ma without dimnut:0n Of the latter.