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

known to US.
Before making any remarks upon it. will briefly
allude TO tho case OF the Penn, which has been
heretofore noticed, and which has been adduced
as an illustration Of the large reward given tothe
son with sailing vessels. The Judgment or in that
case, all would admit is an enlinently sound one.
Nearly fve-sevenths Of the salvage was given to
stances were in sharp contrast rather than In an
alogy to the case we are cbnsidering. The salving
Steamer was placed In the utmost peril. Her very
existence was broadly staked in her adventure to
aaye the Penn. Captain Hayden Zone of the Wit
nesses IN the CASEY says he ran the Jasper for the
chip until shs 9 was IN seven feet water her draft
being five and a-hslf. 1t was o stormy looking
night heavy sea and dark overhead. He had been
mariner for thirty three years. He considered
the Jasper ih great risk, more so than he will ever
| with the ehohls The Jasper's stern was in the
breakers. The sea broke and washed through her
and though the pumps were going all the time to
keep the water under, she had o. foot and a.half
water in her when she reached town." AS bearing
upon the risk taken by the owner OF the Jasper,
| and the perilshe was In, another test is remarked
upon by Mr. Justice Wayne in his presentment Of
the case. He says: Tn this instance, the Presi-
accustomed to calculate marine risks, and we'll
enough acquainted with the reef upon which the
qpSg
steam packet in the attempt to get her off, declare
that they would not have taken risk at all for
done in q night in February; nor under any cir M
oumstanoes {or less than premium OF twenty to
NV per t In, h1 such cases. then ire
tho OF tie steamer as It was n this by thy
owners of the Jasper" And it may be we'll here
TO Observe that the danger was very unequally
shared by the Jasper and her crew. She was in
imminenS danger; and they not II in mid ocean,
danger to the ship would be danger to the Grew;
present case. The Jasper might have been bro
ken to pieces on the shoal for want Of water. The
Drew Gould have remained aboard Of her safe until
safety in their boats. The wrecks that strew the
beach OF Sullivan's and Long Islands are in proof
to- show, that vessels may be destroyed and no
after this careful review of the authorities We
are brought to the conclusion that the case we
have to decide is different in many Of its clements
from any which appear in the books, and the one
which is nearest It, and which can alone afford
some approximation to o rule and q proper solu-
ton s f. that 1 Of tho Earl Grey II is to be noted
risk" The vessel saved was In q hopeless state''
when the Soway steamer came to her rescue
saved; that the towage took her twenty-nine hours
aud she came within the category Of 'Garge
steamers to whom there is necessity" OF giving
an "ample reward" and the share of the salvage
in point OF fact given to the owner Of said ship
under such circumstances was '.one-half"
The case Of the Alhembra, though Like was diff
that the O. Nv. Ring was In a hopeIess al state" ss
when she sgnalled to the Alhambra She was not
In any immediate danger, and it is reasonable to
out any help, OF received timely help from some
other quarter. Bnt she certainly wac 10 exposed
position, and might have been brought to eminent
danger in q few hours, and before She could have
received help The fact thst the gallant and de-
voted officers and crew, who hsd go nobly done
their r, duty y. to her and her ownersIin the gale
vived- thought 1t prudent to seek the aid Of the
iAlhambra, is in itself the best. evidence Of the
measure Of the merit of the services of the Aham-
bra. The Alhambra, steamer, and g slarge
steamer" gave immediate aid, and from her char
steamer. made her rescue OF the Ring faoMpr and
CERTAIN, and in few hours placed her and her
very valuable cargo in perfect safety alongside Of
bra was not subject to celms or head winds or the
dangers Of lee shore. It cannot be said that the
service Of the Ahambra was accompanied BY any
ssso The
the statement that "the weather was fine; little
sns Il sbss calm
for crossing the Bsr S nsu But is
ns Tasn hs Sss Ct 5 R bs
..whether e would be advisable to do so3if pilot
He was answered, 81 could" Yet, though there
was rot any appreciable danger or risk, discover
able, or encountered in point Of fact by the Al |
voyage, which would have forfeited the policy Of
Of the Alhambra and her cargo, vet it |
cannot be questioned il any accident in the inf
mite chapter o. accidents had happened to the
Alhambra, by reason Of the brig attached 10 her;
il crossing the Bar this appendage by reason or
any perverse current or eddy, or Obstruction had
disturbed tho steerage OF the Alha.nbra and |
brought her into tronbis that her policy Of insu
rance would have been forfeited, and that any |
loss that would have occurred would have been |
thrown upon the owners. In this connection it |
is proper to bring to view the fact that the steam
er was worth from one hundred and forty 10 one
hundred and fifty thousand dollars and her cargo
estimated at two hundred and fifty thousand to
three hundred and fifty thousand dollars, ndd the
expense OF running such II vessel three times as
much as sailing vessel OF the same tonnage. |
The engines OF the Ahambra were worth from
twenty-t to thirty, Thousand dollars, and we're
Of three hundred and forty horse power. |
The peculiar claims to consideration in ths ap-
portionment Of salvage on the part OF the owners
Is based on the fact that the salving vessel Was
steamer, and "large steamer" ana that there |
was risk to the large property invested in hey and
her cargo, which the owners were responsible for
The vessel was much more costly instrument |
than that Of the Solway steamer; and the risk, |
though very slight, was something to the vaasei
and cargo. On these grounds, instead OF onehaf, |
the undersigned thinks 1t just and feels variant
ed In deciding, that the owners should receive
officers and crew two-ffths thereof; and lp so
awards. a. ..t.,., |
And In assigning the two-ifths to the OTHERS |
and crew, though they did not put forth any Iecu-
Liar effort, and were subject to no peculiar fnrd-
Bhip in this particular case, they nevertheless as
in the instance of the officers and Grew of theSo-
way steamer, did all that was necessary and heir
whole duty. The responsibility was on theSap- |
tain and pilot to wisely govern this noble Aip |