The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1866-04-25

ceded as Saluage Of me brig @. W Ring and he'
The Sa question to 81 dotsfm,nGd Ii this case i.
props9 sSS 's the dapsah and sud Grew Of he
The decision Of this question s reierSed TO The
De1ens tthe basis OF these proceedngs), Of March
aSI shS
tain portion q the "a cargo Of tho brig O. W. Ring
otT Sa pc TtS as the psres
interested may select as the salvage q the said
bark ": Ring and cargo, eqSjsoI to The orders s.
sapepior Su sni and be paid into Resistry Of the
District Court Of South Carolina, as Court Of
Admiralty, when such Court shall be organized.
PAaTIEs NTBREsrED sHALL AGREE Upon AN ARBI-
TRAITOR to aettie conflicting claims before, suoh
Court is estahlished, such fund, then, upon the
eaid, to be paid over to said arbitrator, OF upon
Is such referee, authorized by this order, and
proceedingsNn thia case of date 21st Of March,
Hon asn'5s nRs es KS e the s 81 and hSs%S1s X @
proceed to the consideration Of the question in
vplyed. -c@i nia.s s..j ii. ~. ,y...L.c .;"r :.
% and twenty gaiss & , cotton, Wa James les MoLean, %
s IL SSS sss hsr
masts had to be but down, and; cotning to anchor,
she Lost both Of her anchors, and was thus reduc-
q ajurymest was erected to which foretop staysail
was bent. Twas c9ncluded to make the nearest
port that SSSa esshea and on sbs morning Of
steamer hliambra, from New York. bound to
Charleston, while in her eonrse. which took the
brig In tow and brought her to the port Of ohArles-
H., and thob brig was made fast to the wharf The
brig eh was ssesy.swo miles from the Bar when met
The facts which occurred when the Alhambra
took the Ring In towwere these; The Ring Gig
nailed the Alhsmbra,:snd the Ahambra ran down
he5 Ths SGaptRsin q The Ring asked the Gap
Answered, for Charleston. The Captain of the
Ring then asked for q tow to Charleston. Captain
Edward t. Davenport the plot then acea1 in com.
mand Of the Alhambra, whether it would be ad-
yisable to doso; IT, be could get the Alhambra in
time to the bar. To which he answered he could.
A hawser was then passed from the Alhambra to
the Ring, and o hawser also from the Ring to the
Alhsmbra. The hawsers were, passed by a. line
aboard the brig. The Alhambra was'hot delayed
at all. The weather was fine; 3 little swell in the
morning, but calm and growing calmer in the
t Was sproyed by very reliable witnesses that the
Alhambras the salying ship. "a ,,steamer) was
and fifty thousand dollars; and her cargo nom
two hundred and 'afty to three hundred and fifty
Thousand dollars. And by the, testimony Of high,
greatest authority, that her engine, $40 horse
power, Vas worth from twenty TO thirty Thousand
dollars ls2ooo t9 sso ooo); It was also in evidence
that steamers oobe' three times as much to run
Il will have been seen, also, from the M condition
Of the Ring that. though not in iautual peril, she
ness in'esss Of gale from tho East, been subject
ed TO All the dangere 0t o lee shore. -
all the elements which enter into the solution Of
the quesaon,as to the respective merits and claims
Of the owners, snd the crew OF the salying ship,
II 10 elementary, rudimental legal truth that
the crew are, In strictness, the only salvors and
that the maritime law empowers . master to
command, and to put at HAZARD THE INTERESTS OF
HEn OWNER; and it is FOB THIS REASON ONLY that,
upon considerations Of general policy, the owner
exposed, by being, AS IT WERE, NovATED as cosal-
vor. The owners claim to participate in the sal-
wage reward .reets ALWAYS UPON THE RISK AND
posed, and no other ground" (1st Belts Gases
p Oranch, aa6 pa; The Ship Mary FordEsD Dale,
dSs; Bond w. The Brig Cora Wash, @. O. R.,
To the same sfsct writes oonklng in his work
on Admiralty Jurisdiction, title Salvage (the most
rally the CASE, salvage is effected by one or more
vessels, THE OWNERS, though they CANNOT PROPER
LIZ BIZ :DENotuNATED sALyoRs, are entitled to o
share Of the salvage on account OF the EXPO:
SURE OF THEIR PRoPEnTY TO DANGER AND LOSS.
stoppage on the ocean to save the property OF
another Is deviation from the voyage, which dis
Acharges the Underwriters (the Henry Ewbank,
3Sumner's B., 800; the same, 1885, 425; Bond vs. the
{Cors, Wash. R., 80), and for this risk incurred
(the owner is entitled to be indempihed.n uBut the
law tssys Judge Story does not stop short with
mere allowance to the owner Of an adequate IN
DElnTTY for the risk taken. It has q more en-
larged policy and higher aim. It looks to the
cal world in cases Of this nature and 1t bestows
upon the owNRn liberal bounty and reward to
atirhulate him to o just zeal in the common cause,
end:not to clog his voyages with narrow instruc-
Hons which should interdct his master from any
salvage SERVICE" "The law has nice regard to
co9sideratDns Of this nature, and it Offers not
premium Of Indemnity only. but an ample reward,
castn tThe Henry Ewbank, ! Summers Rep,
400, 1861 This view Of the subject is in acoord-
anCe with that taken by Chiefjustice Marshsll
In delivering the opinion OF the Supreme Court in
o case, where he observes that the same policy
whtch awards o liberal remuneration to captains
and crews ought to EXTEND to all owners the same
reward, for service which deserves to be en-
oonrsged, and i is surely no reward to o man,
made his own insurer without his consent, to re-.
turn him little more than the premium he ad-
vsnced: (The Blaresu,. q Oranch R., $40; Gus
tisDeois, g. O., 479., MIR. Justice Story also sug-
gests that the EXTENSION no OWNERS Of the same
P8IEMPLiES OF REMUNERATION that are APPLIED TO
oFRICERs AND sEAMRN Is further recommended by
the strong fnducement 1t furnishes to the latter
'tnot-t to desert their own proper duty to their
owner and his interestg for selhsh purposes, by
making them share only In subordination TO and
In connection with those ipterestsn ~. ~
In the case OF the Blareau the Supreme Court