Page:Federal Reporter, 1st Series, Volume 6.djvu/531

 THE BABK CLEO'NB. 519 �of cloth, dishes, and articles from the pantry, ioui kegs of powder, some shot, caps, and cartridges, and a fowling piece. Captain Nye also delivered tb the native chief a letter or notice, stating that the vessel had'goue ashore in a heavy gale, and that she had been left in charge of the native, with full power to stop anybody from ta^ing anything belonging to her, and that he expected to retum and recover ail the effeets, both oil and wreck, early in the spring. This notice was sighed by Captain Nye, and witnessed by Captain Bauldry, of the bark iielen Mar. �HaViiig thuB done everfthing in his power to provide for the safety of bis property, and to retain the constructive possession of it during his absence, Captain Nyeleft for thiS port in the Helen Mar, after enjoining upon the native to exhibit the letter to the masters of ail vessels which might chance to corne into the harbor during the ensuing seasou, before his own return. He arrived at San Francisco Noveni'' ber 18th; but, vrhile still at sea, he wrote to his owners a letter, in which, after giving an accolint of the wreck, he suggested the necessity of makihg some arrangement for sav- ing the oil, and expressed the opinion that it could ail be saved. This project he seems never to have relinqliished. In repeated letters he urged upon his owners its en tire feasi- bility, and he declined other employment unless the wrecking of his vessel was included in it. He even announced his determination to undertake the service himself, at his own charges, if his owners declined the enterprise. After a pro- tracted correspondence a contract was at length entered into between the owners of the Cleone, the underwriters, and the owners of the bark Mount WoUaston, by which Captain Nye was to take command of the latter vessel, and, after making a winter whaling voyage to the coast of Mexico, to proceed as soon as the season opened to St. Lawrence bay, and effect the salvage of the Cleone and her cargo. The share of sal- vage to be paid to the owners, officers, and crew of the Mount WoUaston was fixed by contract, and assented to by ail the parties. The Mount WoUaston sailed from this port Deeem- ber 29th, and, after making a winter cruise to the south, ��� �