The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-27
UNITED STATES DISTRICT Coua1-IAs1IRu DISTRICT.

An Important Decision in a Salvage Case.
Before Judge Benedict.
Joseph Forbes Ct al the Steamer NeTiusac ctc.-Tha
was a claim for salvage preferred by large number
persons formerly comprising coored regiment Of the
United States Army. 1t appears that on the 9th Of
November 1885, the steamer left New Orleans, laden
with cotton and having board regiment Of colored
troops On Saturday the Ill., the weasel sprang leak
which increased such extent TO compel her
put back With the view OF returning to New Orlsins,
which was then some two hundred miles distant The
water however choked the pumps and the crew there
about Two o'clock the exlingushed that the
engine ceased working, and to this time efforts we're
oas ~ Ss nsmbeTs ~ bs oosd
that the labor afterwards came entirely into their
hands AT the suggestion OF the captain Of the vessel
the soldiers werc organized into five companies, each
company remaining at work baling two hours, when
they were relieved by another company, and % on
This work was done with military discipline until the
water was kept at asandstl The crew, for the moss
part engaged in emptying the barrels and buckete
light was discovered abou. forty-G miles o. ana
afterwards the Mississippi bar seen. short Tins
subsequent to this the lights OF vessel were seem whioh
proved be those Of the steamer Morgan, and when
they mot, the Of the Merrfmac ruqucstsd the
captain Of the Morgan to remain By her side until the
next ne, VIII oh was done The Morgan then took
the Merrmac to the bar, where shc grounded,
The regiment continued baing to this time Al Tum1
balccr light, although the beach was In sight and
the vessel bcached, landed because the major Of
regiment placed guard at the boats TO prevent any
Judge Benedict rendered his decision In the yes
tcrday, the document being lengthy and important
His Homer says that while the services OF the
claimants admitted, u coutended that the
not where salvage could BE- awarded; that the
persons who performed the work we're passengers and
that the work consisted OF ordinary physical labor with
in the line Of duty, which, passengers, they owed to
the ship This answered by the other sde that the
circumstances attending tho rendition Of the services
were extraordinary and the labor performed such
Included in passengers duty Further. that tho
hbclants passengers within the meaning Of the
rules regarding salvage His Honor tholght the
stances extraordinary, and was Of the opinion
that the hbelnnts did no, sustain that relation
towards tAe steamer which designated by
the word passengers In the rule applied TO sal
wage demands. They male contract with the
steamer had no selecio on or the ship or
voyage, even. They paid no passage money, and
incurred liability, ana acquired no right OF action
against the OF failure TO transport them.
They not fed furnished BY the ship and bad
whatever in being transported but simply
commanded by the orders OF superior officers TO 90
aboard. That They soldiers Defence Judge
Benedict SAID against their right FOR salvage The Judge
alluded 10 feature OF the case-the fact that one
landed the vessel whie sh, In sight OF tho
beach, and that the boats guarded: for had the
baing stopped the vessel would have been lost,
athous those board might have been saved. These
services would have been ground for salvage had
they been passengers After passing upon other minor
points Honor decided in favor Of the beans and
concluded follows:-Thc terms OF the decree wiz
therefore DO fixed Saturday next at twelve M when
l Will hear the arguments upon the question Of amount
and tho form Of the decree.