Page:Federal Reporter, 1st Series, Volume 10.djvu/156

 lie FEDERAIi BEPOBTEB. �namely, charter-parties, bills of lading, policies of Insurance, etc. ; they show that locally it inoluded the sea, public streams, etc. ; what torts were included within it ; and, lastly, what can be the subject- matter of salvage ; for, besides everything pertaining directly to a ship, or things used in navigation, they add, "and also of and concerning all casualties at sea, gooda wrecked, flotsam, jetsam, lagon, sliares, things casfc overboard, and wreck of the sea, and all things taken or to be taken as derelict or by chance found or to be found." �If one was most laboriously to prepare from all the admiralty cases which have been aequiesced in, an enumeration of the things which can be subjected to a claim for salvage, it could scarcely be more exact. It is to be seen that it includes the vessel or ship, wrecked goods, goods which float away or are cast away or which sink from the ship, and to this enumeration are added derelict things, and things found, i. e., abandoned. �The leason of this precise discrimination is that with the exception of derelict and things found, and the ship, her cargo, and freight, there could be no basis in reason for a lien which must exist in order to support a libel in rem. The ship and all things which pertain to it, are, in the law of admiralty, clothed with personalty, so far as respon- sibility goes. Those who repair or loan upon her, or equip or man her, and those who deal with her, and those who are injured by her, and those who save her, look to her. The reason of this is that she was often far distant from her home and owners, and commerce was vastly facilitated by the law thus endowing her with the attributes of a person. This is the origin of the doctrine of liens in the maritime law, and by this it is to be measured — so measured, in cases of sal- vage, it included the ship's apparel, tackle, money, freight, cargo; and here it stopped, for the necessities of commerce did not require that anything else should be clothed with, so to speak, capacity to subject itself to pecuniary responsibility. The salvage allowed derelict and "found" property, from a different reason, namely, as an incen- tive to save property abandoned to destruction from the elements upon the broad ocean. �I think the commissions of the colonial admiralty judges, a study of the cases which have arisen in our admiralty jurisprudence, and the fact that salvage is allowed only in connection with commerce, all lead to the recognition of this test as being the true one. Judged by it, the object here libelled, the dry-dock, is not the subject of admiralty or maritime jurisdiction for salvage. ��� �