decision of these, should look as well to the prompt adjudication of a liberal salvage, as that mere pilot or lightening service should not be rewarded as salvage proper; as also that salvors who designedly deceive distressed ships in information respecting tides and other circumstances, to mislead them to require their aid, be punished in an exemplary manner.

The method of extrajudicial accommodation of cases of wreck, recommended in many maritime Codes, is ill adapted to such cases, and should be abrogated.

1. Because, it is a wholesome rule of the general maritime law, particularly in relation to insurance, that all subjects of average, and therefore cases of salvage, ought to be adjusted judicially, at least upon a causæ cognitio.

2. Because, in many cases from the extent of the property saved, compared to the smallness of the master's wages and his property, (added to the prospect of a want of employment for some time to come) the facilities of a collusion between the parties, to the detriment of the owners, are too many. The administration of justice must be weak indeed, if it be difficult to administer it promptly and essentially to foreigners. General regulations to the above effect in a general maritime peace, would contribute essentially to this end.

This subject would be of less importace, if the complete equipment of vessels was more generally attended to. In every country there should be a department attached to the Admiralty, whose attention should be directed to all improvements and inventions among foreigners, tending to lessen the insecurities of commerce; and whatever was applicable to common life, should be disseminated through the sea-ports by circularsAmbassadours and Consuls should have instructions to correspond with this department respecting foreign inventions and discoveries-The learning upon this last subject, and upon the means of rescue from dangers at sea, may be found in "Popp's Hülfsbuch." In the translation of marine protests, we have frequently found, that running into a port of necessity, was gene

rally owing, or attributed to exhaustion of the crew, from in

cessant pumping.

In these documents and in sea voyages, we are told of the most inconceivable sufferings occasioned by pumping; and how many vessels have been sunk from the incompleteness of the pumps. We have never ceased to urge this as a subject of reflection to artists and mechanicks; it is one well worth attention, and every improvement therein is worthy of no inconsiderable

Premium.

71

PART II.

OF RANSOM, AND OF MILITARY SALVAGE.

Books of General Reference.

CORNELII VAN BYNKERSHOECK Questiones juris publici. Lib. 1. cap. 45. Contains the old Dutch regulations upon this subject, and other very appropriate observations in general. Upon military salvage or recapture, the work of von MarTENS, heretofore referred to: Essai concernant les armateurs, les prises et les reprises. Gottingue, 1795—has always been considered the first work up to the time of its publication. With regard to the former English practice, the proper reference is to: Decisions in the High Court of Admiralty, by JAMES MARRIOTT. London, 1801. vol. 1.

The later practice may be seen in the 3d Chapter of the 4th Part of the above work, and in: J. STEWART, Reports of cases, argued and determined in the Court of Vice-Admiralty at Halifax, in Nova Scotia, from the commencement of the war in 1803, to the end of the year 1813, in the time of ALEXANDER CROXE, L. L. D. Judge of that Court. London, 1814.

A SPECIES of salvage from distress at sea, is that of ran

som upon the known principles of national law. This is either where,

a. A sum is agreed upon with the enemy, with rebels, or pirates, for the redelivery of the vessel and cargo taken, and for

the security of the bills drawn, some persons are left as hostages; or,

b. Where one part of the cargo is given for the release of the remainder. In both these cases a document is granted, which acts as a protection against all vessels of the same nation or party.

And, if even the hostage has died, or is fled, yet the bills must be paid. (a) The Consulate requires, that the master should communicate with his officers, according to the usage of mariners in cases of ransom. (b) In most prize laws, however, the ransom of captured vessels is prohibited; and in Portugal since 1797, (c) the master is prohibited from purchasing a vessel on his own account in an enemy's country, of which he before had the command.

In Great-Britain all ransom is prohibited, unless in case of extreme necessity, to be allowed by the Court of Admiralty; and all contracts for ransom, unless admitted by the provisions of the statute, are void, and the person entering into such contract, is subjected to a penalty of five hundred pounds. (d)

Property retaken out of the power of an en my, before according to conceded law, it has become theirs, is a recapture, and entitles the recaptors to salvage.

The property must be in foreign power, or such power averted by the assumption of danger and risk, or by having incurred danger and risk, before any demand for salvage can be required.

A Spanish ship, the El Navarro, destined from New-Orleans to Bordeaux, ignorant of hostilities, was going into the latter port, where she would undoubtedly have been confiscated. She was stopped by a British cruizer, and a claim of salvage set up. Both the Admiralty in 1793, and the Lords of Appeal in 1795

(a) Emerigon, 1–466.

(b) Cap. 227, 228, 229, 287.

(c) Lisboa, 1–97.

(d) 43 Geo. 3, c. 160, sec. 34, 35. 45 Geo. 3, c. 72, sec. 16, 17.

rejected the claim. 'No," said the Court, "the danger was something distant and eventual; you had no conflict to sustain. On the same principle, a man-of-war on the breaking out of hostilities, might seize a whole fleet going, ignorant of the war, into an enemy's port, and set up a claim of salvage against them." (e)

In the case of the English ship Franklin, Goodrich master, the claimants endeavoured to support a claim both for civil and military salvage. Of the latter, Sir Wm. Scott, observed: "There has been no case of salvage, where the possession, if not absolute, was not almost indefeasible, as where the ship had struck, and was so near as to be virtually in the hands and gripe of the enemy.” (ƒ)

With regard to the transfer of property by conquest, some nations, particularly with regard to their own vessels, allow, that after twenty-four hours enemy possession, the right of property is acquired by the enemy.

In general, it has been agreed by publicists, that by capture a ship does not become the property of the captor, until it be carried into a port, or into a fleet of the enemy's country, whereby the Roman maxim of bringing the property infra praesidia is applied.

The English have latterly adopted the principle, that the right of property of the original owner to a captured vessel with respect to English vessels, can only be effected by an act of condemnation in the country of the captor. With regard to foreign nations they wave the decision on this point.

Williams, an American, under the command of a captain Parcell, equipped and sent a vessel, valued at 26,000 dollars, with a cargo worth £30,000 st. from America to Lisbon. She was taken by a French privateer, and carried into St. Sebastians. Williams went to Paris, to prosecute his claim, and there the (e) Robinson, 4-151. (ƒ) Robins, 4-150.