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

n.vai officers q the fiass sSiss iassru.sssal :.
tpst lbs custom, IN ITs5 wss exprsss'v rsssossisd
and implicitly sanctioned BY Ac q reelsne sseq "
force me nex, case cited Was mat q sne nsrq1ss
chartered ny Che g0verDment . HAVING governsnent
naval nd ordnance stores together with lieutenant end
Leh to London she got tehe Aidde sand o6 Essex.
whHe she experienced very bad weaher asd onsy Wa
ao,I0n fss salvage was entered against che ship cargo
ard eight. and appearance entered and bail given os
the ship and freight only When shs case as rsAdy ses
hearing the Court having asoertaned that no savaee
had been paid % the sorca nor any furnishes
Of their vssue. exprsssd is opinion that "a case
becs lost, thcre ought 70 DO remuneration 10
respect 10 the stores. and directed me oase
Admiralty. This was done. Tho king's advocate sp
eared and stating the value OF sho stores and that
the goyesnmsut was anxious that me saves - e 20
Judgment OF tho coar Tho cise then proceeded. Tho
case Of Atho Il WIN: Robinson. Rep. 3I4,. decided
by DR. Washington In 1872 instituted Tor damages
caused by collision Tho facts were these:-A brig was
run down 10 the channel BY her Maesiy's troop ship
presented the Lords the Admiralty praying oompea-
saton otherwise that the Admiralty proctor might
10 ns % % - s
and owners OF the lost brig By tAe Secretary
q q the Admiralty. stating that tho Lord
was then made before DE-. isshingtoo for mopiiiou
against rheIords Of the Admalty caiog Spoa tAs 70
sn"w ShNse WY su0 onh60 supuiu uOS 90 pIVoOuDcou
for aud awarded 70 tho owners OF me ship
and cargo, aud 70 and for the loss Of
their aocts The judge declned TO grant the uSDd 0f
the very good that he had power enforce
appearance, the payment OF damages aainst them
In the course OF bis opinonShs says I'm Il kings
awarded but case has occurred within my reoollec-
ton In which the alone was concerned" The
motion refused application by tho
tor Tor tho AthO, the court directed that . cOumu
ncaton should be made by the register 70 the
Lords Of the Admiralty. stating that the motion for
had hQan fnad In M Tnrda NJ
the Admiralty subsequently directed that appearance
should be gvco by the Admiralty proctor for the Ahol,
Ia order that tho might adudicate upon the
tion. Two other cited on The argumentthat
or the Swallow and the ln0exble. both her Majesty s
ships swabey, 80 and 32) These however. were suits
against the ships. II sought only to subject the
officers personally though the Lords Of the Admiralty In
case at least, directed appearance in behalf o.
the ecer In or tho cases referred TO- all Of which
have noticed, has the English court attempted
70 deal adversely with the public property Of the
pearanoe it's bcnalt and . submission OF the
case 70 the Judgment Of the COURT unless be the cas
Of tho Betsy Which !huk the action q tbs court
must have fe3lcd df6n s0JiS sc Of Pagaue6t II Is
necessary to remark that there s act OF Congress
ferring special jurisdiction upon courts 10 cases like
the present. On the whole. therefore, conclude that
tie Court has jurisdiction the Thomas A. Scott
even assuming her 70 he merely transport She Is
cusively owned by the power therefore
not aenabe TO the judicial tribunals at the suit OF pr
vate parties The libel must therefore be dsmisscd
the cause stands But, nasmuch as the government
In case they are able 20 prove meritorious claim fo
salvage will withhold the decree for the present unit
the attorney advise with the proper department and
take its direction 10 the matter.