Page:Federal Reporter, 1st Series, Volume 10.djvu/592

 680 FEDESAL BEPOETEE. �The many cases cited in the arguments of counsel show, appar- ently, a great latitude of discrepancy in the amounts of salvage de- creed; yet I think if they are studied with some reference to the proposition set forth in The Allerton Case, they can be well nigh har- monized. Bat, whether with or without reference to this considera- tion, I will now proceed to notice some of the cases cited at bar. �In the case of The Thetis, 3 Haggard, 14, much relied upon by counsel for the respondent, one of his Britannic majesty's ships, hav- ing on hoard bullion to the amount of $810,000, belonging to private persons, sank off the Brazilian coast in a cove or inlet between two islands. The salvage was effected by vessels and their crews of his majesty. It was a case, as the judge said, "quite out of the ordinary class of salvage cases;" alluding, I suppose, to the fact that the treasure was private property, was iost by a public vessel, and was recovered by ships and persons in the government service. It had been for a long time held in England that where persons in govern- ment employment efifected salvage, they were to be allowed "adequate remuneration;" but it had not been held that they should also be allowed the stimulent of the bounty which is awarded to voluntary salvors who are not employed in the public service. The case is described in the syllabus as one of "salvage of private treasure and government stores (Iost on board a king's ship) by oSicers and men of the royal navy. Comparative claims of the admirai and subordi- nate officers. One-fourth of gross value awarded. Upon appeal a further sum awarded of £12,000, ($60,000.) Gross quantity of the treasure recovered, £157,000, ($785,000.) The whole sum deducted for salvage, admiralty claim, and for expenses being £54,000, ($270,- 000.)" The work of salvage had consumed 18 months, aud had em- ployed a good many men, and several ships, as well as expensive mate- rial. Here there was loss by a public ship of nearly half of a private treasure. The salvage was performed by public vessels, and by per- sons in government service; and, notwithstanding the outright loss of nearly $25,000, there was allowed in the form of salvage (or further loss) more than one-third of what was saved. In the previous case of The Mary Ann, 1 Haggard, 158, the question was whether the officera and crew of a revenue sloop of his Britannic majesty, whose duty it was to give aid to distressed British vessels, should be awarded salvage in a case in which they had come to the aid of a ship in great diatress, bound from Jamaica, and found in utter helplessnesa oEf the ��� �