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

for the Admiralty Courts 70 deorse salv So 70 the
n'vai officers q the kius's ships instruasnsai u
thai -tss custom, In H17 YES expressly esesoeniysd
ano implicitly sanclaoned by Acts cs feeaaenl tSee IN
untry tdecidcd in 1895 sud reported in Hagg.. 246
chartered ~ tie goveroment, having government
naval rnd ordnance stores together with eutsoaas end
several Invalid sodnss On saard. On hsr vga age rom
leith TO London she GOT tehe Mddh sand OF Essex.
whose she experienced very bad weather. end finally
Van Zee salvage entered assins, Is. ann cargo
ara eight aud an appearance entered ind bail given for
sne snip ana freight only When shs case ready Cor
had been ad 90 the sorcs any account furnished
a. sfe,r vsaue. expressed les opinion that Ia csss
oecn Loaf, there ought 70 10 q remuneration IN
respect 10 the stores. and directed the oaso
stand that the matter might represented
Admnalty. THIS was done. Tho ktogs advocste ap
esret and alter stating the value OF che Stores and that
the government anxious that the saivors ud DO
rewarded literally lefs tho amount O. that reward 10 the
Judgment Of tho oosn. Tho then proceeded. Tue
case OF the Ahoi Il WIN. Robinson Rep 3I4l, decided
by Dr Washington in 1872 Insulated Tor damages
run down IN the channel by her Malcsys troop ship
Atho and Was totally lost memorial having been
satiou otherwise that tho Admiralty proctor might
,nstused 10 appear TO answer 70 sat to be commenced
and owners Of enc lost brig by the Secretary
d the Admiralty, stating that che Lord
,sss 'hs r Declines 70 interfere, mo,,on
against tho Lords Of tho Admiralty, cAiug upon the
show cause why tho damage should not be pro0ounced
f aud compens son awarded 70 the owners OF the ship
and cargo aud 70 the and for the joss Of
the Effects Tho Judge Scclnod 10 grant the ms,tpd Cor
the very good that he had power 90 enforce
appearance or the payment OF damages against them
In the course o his opDionSs "in cases u kings
ships, loaded with cargo treasure salvage has een
awarded; but case has occurred within my reooec
ton In which the aionc concerned. d" The
motion ivpg.bccn refused. application by the proc
tor Tor tho Atho, the court directed that coMmu-
nication should lie u1ado BY the register TO the
Lords OF the Admiralty. stating that the motion for
month had been fnado o. the court ana the Lords Of
the Admiralty subsequently, directed that appearance
In order that tho court might adudcAte the Ques
tion. Two other cited the argument
OF the Swallow and the nexibc. both her Majesty's
ships Il Swatcy 30 and 80, These. however, suits
against the commanders OF theee vessels and not
against the ships. u was Sought ouy TO subject the
officers personally though tho Lords Of the Admiralty in
case at least directed appearance behalf o.
the officer Ia OF the referred to- all of which
i have noticed, has the English court attempted
70 deal adversely with the public property OF the
pearsnoo on ts bcnalf and q submission OF the
the Judgment Of the COURT unless il be the
must have fssIcS c5o s6as s. Of pArlis6 II Is I'm.
necessary to remark that there act OF Congress
ferring special Jurisdiction upon courts in like
the prcseut. On the whole. therefore, conclude that
TIE Court has jurisdiction the Thomas A. Scott
sven assuming her 20 be merely transport. She
cusyely owned by the sovereign power therefore s
not aenabo 10 the Judicial tribunals at the suit OF pri.
vatc parties The Tibet must therefore be dismissed az
the cause stands. Rat nasmuch the government
in sass they are able 90 prove merItorieus claim for
salvage will Withhold the decree for the present until
the attorney advise with the proper department aud
take its direction Ia tue matter.