Savannah morning news., 1885-11-08
CAPT. NELSON'S REWARD.
he Saved the Merrimac's Crew and
valuable Code, but has no Salvage Yet

ne saved the Merrtmac's Crew and n
valuable Code, but has no Salvage Yet.
From me PhiIadslDAja Press.
Capt. Horatio Nelson, owner and master
Of the steamship Morning Star, plying be-
tween New Orleans and New York. in
February, 1867 saved the crew Of the
United States gunboat Merrimac, number
ing l42 men, and the United States Book
Of Code Signals, which he could have sold
TO the Confederacy for $l,000,O00. But he
didn't sell the code. He turned 1t over to
the Northern authorities, like the loyal
seaman that he was, and incurred eXpen-
ses in so doing amounting to $4,000. For
this he never received cent. Now Capt.
! Horation Nelson is before a subcommittee
OF the Judiciary Committee OF Congress,
asking for relief by Il special act, Coun-
sellor Clarence Derringer, of the Philadel-
phia and the Washington bars, Is his legal
representative.
1t has been necessary 10 appeal TO Con-
grtss because of difficulties In some OF
the questions Of salvage law, especially
the want Of jurisdiction in Admiralty
and Maritime Courts over saving life
only, unless connected or associated
directly with cargo also saved. No such
jurisdiction exists. As the maritime law
for salvage stands to-day it Is q saving OF
life and cargo from probable loss when in
abandonment, the saving of life and cargo
being inseparabe in awarding salvage
for saving cargo but not inseparable in
awarding salvage for saving cargt only.
Even in the liberal English Marine Ship
ping Act of 1884 affecting wrecks, cas-
ualties and salvage, no original iurisdic-
tion is given TO the courts for awarding
salvage for saving life only or for any
property other than that termed cargo.
1t has been shown in this case that Capt.
Nelson only rescued the crew of the Mer-
rimac after going through great danger
and losing two boats; that the l42 men on
the gunboat were In imminent peril and
wluld have soon been drowned, and that
tIey were in nearly Al starving condition
and were fed by Capt. Nelson for two
days. TIE book Of Code Signals and the
other articles saved cannot be classed as
cargo, and the difficulty also arises OF
liking value upon those articles in a
court and upon the lives saved. Mr.. Der
ringer argues that had Capt Nelson not
rescued the officers and crew they would
have perished. Had he not saved the
Code Signals it would have been an uncer-
tainty TO the United States Government
whether the books had not fallen into
the hands of the enemy, and it would
have been considered advisable to adopt a
new code of signals. 1t would have been
a great expense to have done so, and dur
ing the period of time of replacing them
the Confederates would have had an OPP
portunity to do incalculable harm to the
shipping OF the United States. Capt. Mel
son could have negotiated with the Con-
federates for the transfer Of the signals to
his great pecuniary benefit, and the pos
session of them would have given them
an opportunity to food the COnfederacy
with necessaries for which they were
suffering, from the adjacent ports of Mas
sau and Havana. The matter will come
up as special bill at the approaching
session of Congress.