The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1864-06-22
IMPORTANT SALVAGE DECISION.

Three lots Of Boomngdie road and lslst st 1850
IMPORTANT SALVAGE DECISION.
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United states District Court.
Before Judge Shipman.
In the OF Charles Hargtti master OF the steamship
Labuan in behalf OF himself owners and crew, Vs. the
propeller Thomas A. Scott her machinery, tackle,
&C., Judge snpmAu Monday rendered the following
OPINION. tN
This libel in rem filed TO recover salvage against the
steam propeller Thomas A. Scott, and alleges that the
steamship Labuan, belonging to Hull, England sailed
from New York the 25th Of March. 1864. bound for
Liverpool that after leaving the former port she
encountered series OF heavy gales from the eastward
and after weathering them for fifteen days. during which
time she lost her boats consumed nearly all her GOALS
and had her poop house stove in he, master, deem
her voyage across the ocean 10 the condition she
then was, determined o run back to the pot, OF
aud at about twelve O'Clock NJ 14h Of April when
eight miles 70 The eastward Of Barnega light those
O'Clock made vessel and bore away for her aud found
her to be the propeller Thomas A. Scott bound from New
Orleans 70 Nov York: that the Labuan came
within hang distance Of the master Of The lat
requested to be taken In tow that the Scott then
disabled BY the loss Of her rudaer and prope
cr and her provisions all consumed that the Labuau
thereupon took her In tow and with her tho
way to New York towing her from three o'clock in the
morning. and 10 point on the Woodlands about four
miles below Sandy Hook, where small steamtug came
alongside OF the Iabuan with orders from the
the Thomas Scott TO take from her the ha which
she had been towing the latter that the Iabuan being
able continue TO and take her safely port
fused 10 give the hawser whercupon the cut
board the Scott and the s,catug took her in
did not afler she taken in BY the
tug, pass ahead OF the Labuan, and that the latter
Battery at New York at about hafpast
clock the same day The libel also alleges that the
Thomas A. is Of the value OF two hundred thousand
dollars, and prays for 40 allowance OF salvage to the
be&ns TO the amount o. twenty thousand dollars. The
Attorney United states for the Southern district OF
New York has appeared on behalf OF the government,
This plea alleges that the Thomas A. Scott
large belonging wholly 10 and in the exclusive
o. the United states at tho time OF her seizure
by the Marshal under the process in this suit;
that she is OF the value OF more than two hun
dred thousand dollars, aud that che was pur
chased by the War Department through the
bureau of the Quartermaster General and was paid
for oGt OF the appropriations for the support OF the
Of the United states plea alleges that though
she is commission IN the navy, yet that she be
longs To large class o. vessels owned, armed supplied
ana manned by the United States and under the direction
aud control OF the Secretary War. and employed by him
Tor various connected with the operations OF the
army; that some are employed for war Ike purposes
oay keeping rivers clear OF enemies batteries
ana operating with land forces in attacks fortified
shat others engaged in the transportation of
troops, commiary, quartz I'M sster and ordnance
Plies; that they armed for their defence and
Tor offensive operations against prvateers and vessels
engaged in breaking the blockade OF the southern
ports that the Thomas scott was, at the
time she was fallen in with By the libelants,
she had been with a load of shot. she'll and
powder the supply OF the army of the United States
pound brass guns thirty pound PARROT gum that
she was In charge OF civilians employed solely by the
United staes and that her business since she has been
owned by the latter has been that OF transporting
troops commssary quartermaer ana ordnance supplies
rne plea concludes by alleging that the steamer in
question Is public armed vessel OF the United states,
denying the jurisdiction OF the Court OF this suit 1t
wolf know rule OF law that the Judicial tribunals OF
country cannot entertain suits in which the sovereign
a
spondcnt- Neither can the property OF the state
I, ia courts. Ia cootormisy " With this rule
vas held In the Court OF Admiralty In Eng
u hs c sss Of
<64-ihat libel for salvage would lie against pub
INC armed ships Of that nation After somewhat diligen.
vessel any other public property the title and pos
session which exclusively vested in sovereign.
deed Cases Of prss may DO said pArtaks such cha
II has indeed been held that in cases OF general
sner .Ssr share Of The contribution
either paid or secured Tho United states vs. James
leo in ,Sn case Delivered by Mr. Justice Story, takes
wide range and Is perhaps iufcrrable from parts Of
that 10 cases Of The salvage Of private ships the goods u
the United states board should be held equally subject
Of tho salvage dus. Bu, do no, snd.rsssnd the
raj average, where goods Of the government.
form part Of the cargo on board Of . private YES
sci. STILL IT must be admitted that OF salvage OF
private ship, whore part Of the cargo belonged the
sovereign power could not be very we'll Distinguished
from decided By Judge Story In general
average aud salvage, the master have q lien
the saved but the learned Judge, Ia the JUST
cited remarks that n such cases the nature and of
the articles the OF military and naval opera.
tons, may repel any motion OF any Ven whatever
grounded the obvious intention OF the parties These
remarks made with reference TO arms, artillery,
camp equipage such like materials OF belonging
60 the might be shipped with other cargo
Of merely private nature, for transportation IN pr
vae ship This Court Is informed that the government
has invariably acquesced 10 the rule lad Gown In tho
Gaze OF the United states Wilder by paying general
average It's goods shipped OF the cagoos
Of private vessels Whether this scquiescence has
tended 10 military stores time OF war, and designed
for use N active military opefati MS the Court has no
means OF determining Certainly tho argument ob
rnen against the sovereign power submitting it's mill
tsry materials designed for active hostlies TO tho
ayoidsbe delays ~ judicial tribunals s very formidable
THIS argument applies with much force the case Of
Judicial proceedings against transport ships their
cargoes, consisting OF supplies and munitions OF war.
Indeed 1th the transport ship and cargo would ocu be
involved IN the delay consequent upon any proceeding
the courts against either. number OF have
been cited the argument BY the counsel for the libel
laDs in support OF the Jurisdiction OF the Court,
which / will now notice. The first IL the
case OF the Besev Il Marriott K 80). This case
was determined by the ngIisb Court OF Admiralty in
ships Of vessel which bad fallen into the hands Of the
Americans. The Navy Board conteaded that the demand
OF the officers Of kings ship ~ neeighth salvage
was not within the act OF Perament, that extended
only 20 ships goods Of his Maestys subjects retken
from the eremy But the Court held that OF comm
II would be iberal TO construe the act OF Parliament
narrowly The case is not very fully reported but inter
4 an u that prior 10 the prize acts OF Parliament Il
bAd becu. under some form OF proceeding. CUSTOMARY