SALVAGE-RESCUE. US. the ship Clayton et al. have a pleasure in declaring, that these are not the only instances I have had judicially before me, of Harmony. virtuous, patriotic, and spirited conduct, in men of the African race. Conduct of the female passengers highly meri torious. 5. Robert A. Ardley. There is a contrariety of testimony as to Mr. Ardley—he was not previously acquainted with the plan of, or engaged as a combatant in, the recapture. When he received the blunderbuss (the only fire-arm then in possession of the victors) from the mate, is not clear; it was after the officers in the cabin were subdued, and a short time before the whole of the French crew were confined. He appears to have done as much as was expected of him, after confidence was placed in him. Perhaps, towards the close of the contest, his being armed, overawed those, who, though dismayed, had not entirely submitted. Through the passage, after the recapture, he took his share in the watch, and in guarding the prisoners, which enabled others to assist in navigating the vessel. These services, in which all the recaptors partook, were necessary to the final accomplishment of the design. The bringing the ship into port was an essential part; and there was constant danger of the French crew rising and retaking possession. The female passengers, Mrs. Ann Collet, and Miss Esther Collet, I have not yet noticed. But I should do great injustice to their merit, if I did not mention them with high approbation.-The firm ness of mind evidenced by both of these ladies, in the critical situation in which they were placed, is as honorable to them, as their humanity, in attending the wounded, after the contest was over: their risk, in case the attempt to recapture had failed, was SALVAGE-RESCUE. the ship peculiarly great. Miss Collet was actively useful Clayton et al. during the last scene of the enterprize, by taking the helm, when her services, in this essential part of Harmony. the business was required in execution of the plan, with which both were made acquainted by the mate in its origin. Nor were they without their share of merit in the preparatory arrangements for digesting and executing the design. I do not estimate the circumstance of Miss Collet's obtaining from the Frears commander of the Corvette, the return of Mr. Clayton and the Steward on board the Harmony. This was, no doubt, accidental, and without any view to the object their return ensured, but it is still a circumstance of good fortune to the owners, derived from her influence and address. She lost, by the plunder of the French crew, the greater part of the goods she had on board. As to the quantum of salvage, I have taken into consideration all the circumstances of value of the property-bravery in retaking—labour and risk in the recovery, and bringing into port. I have had some reference to the acts of Congress, and endeavoured to discriminate, as justly as I can, between the relative merits of the salvors. I have found, in all cases of salvage, that it is impossible to satisfy all parties, and therefore endeavour to satisfy my own mind. But I do not find this to be unattended with difficulties. The appraised value of the ship is eight thousand dollars. The value of the cargo, according to the estimate made at the custom-house, is, deducting duties, ninety-two thousand eight hundred ninety-five dollars, sixty-nine cents-in all, one hundred thousand eight hundred ninety-five dollars, sixty Quantum of salvage on what principles adjusted. SALVAGE RESCUE. the ship Salvage on act of Con gress. Clayton et al. nine cents. By the act of Congress, of July 9th, 1798, recaptured American vessels and cargoes pay Harmony. salvage, not less than one-eighth, or more than onehalf. By the act of March 2d, 1799, relating to recaptures by public armed ships-American or friendly property in possession of the enemy more than forty-eight, and less than ninety-six hours, is liable to pay, on recapture, one-third part of the whole value. The expense of outfit was, no doubt, a consideration with Congress in fixing the salvage. I haveteiven less, than I otherwise should, to the present recaptors, as no such expense was incurred-I respect the principles of these regulations, though I am not bound to follow them exactly in the present case, which is not included in the acts. Considering the latitude allowed in the first act, of from one-eighth to onehalf, without regard to time; and the fixed proportion of one-third in the second act, I have determined One-fourth under all circumstances, to allow one-fourth part of the whole value of the ship and cargo to the salvors allowed as sal- in full recompense for salvage, being the sum of twenty-five thousand two hundred twenty-three dollars, ninety-two cents. The wages of the mate, cook and steward, from the last port of delivery, to be in of delivery in part of their shares of salvage respectively; and the part of shares costs and charges to be thrown on the remaining of salvage. three-fourths. of the whole value of the ship and cargo vage. Wages from last port Had all those concerned in the recapture joined in the libel, I should have distributed the sum allowed as salvage, in the following manner and proportions. The whole sum to be divided into seven shares of three thousand six hundred and three dollars and forty-one cents each-whereof SALVAGE-RESCUE. 1. John Nelson, the mate, to have two shares, or seven thousand two hundred and six dollars and eighty-two cents. 2. Mathew Clayton to have one share and an Distribution. half, amounting to five thousand four hundred and five dollars and eleven cents. 3 & 4. The cook, Stephen Revel, and the steward, James Bowen, to have, between them, two shares, being seven thousand two hundred and six dollars and eighty-two cents, whereof the cook is to have three thousand eight hundred and fifty three dollars and forty-one cents; and the steward three thousand three hundred and fifty-three dollars and forty-one cents 5. Robert A. Ardley, half a share, or eighteen hundred one dollars and seventy cents. 6 & 7. Mrs. and Miss Collett, one share, or three thousand six hundred and three dollars and forty-one cents to be equally divided between them. Therefore, I do hereby adjudge, order and decree, that the several libellants in this cause, have and recover the sums following, that is to say, 1. Mathew Clayton five thousand four hundred and five dollars and eleven cents. 2. Stephen Revel three thousand eight hundred and fifty-three dollars, and forty-one cents. 3. James Bowen three thousand three hundred and fifty-three dollars and forty-one cents. 4. Robert A. Ardley, eighteen hundred and one dollars and seventy cents. -The same to be in full satisfaction for their services, for the causes, in the libel mentioned. And I further adjudge, order and decree, that the said ship Harmony, with her tackle, apparel and furniture, and also her SALVAGE-RESCUE. VS. the ship Harmony. Clayton et al. cargo aforesaid, be condemned, and that the same be sold by the marshal of this district, for the payment of the several sums of money herein before decreed to the libellants, respectively, and of the costs and charges, legally accruing in the pre 4 mises. |