Page:Federal Reporter, 1st Series, Volume 9.djvu/492

 THE OLD NATCHEZ. 477 �au article bf commerce transporte^ upon the sea or navigable atream, which includes all descriptions of water-craft used, or intended to be used, in conveying persons or property on or across such navigable stream, and the cargo transported thereon, or some article of com- merce transported by being itself floated thereon. The liability de- pends npon the use then being made, or intended to be made, of the vessel or other article, and not upon the mare fact that it is at the time afloat. �In the case of The Hehdrick Iludson, 3 Ben. 419, the boat, like the one in this case, had been used as other steamboats, but had been dismantled and used as a hotel and saloon at different places upon the Hudson river, and while being removed from one place to another it was necessary to have her pumped out to keep her afloat and enable her to reach the point where she was to be again stationed to be used for the same purpose. A claim was made for this service, and rejected for want of jurisdiction in the court ; Judge Blatchford holding that to entitle a party to salvage compensation in admiralty the vessel or other thing must be in some way engaged in navigation or. commerce, or must be so intended, although it may then be floating upon a navigable stream. This, I am satisfied, is the correct doctrine, and brings us to the question as to whether or not the Natchez was, at the time the service was performed, intended to be used in aid of navigation or commerce. . Wharf-boats are buoy- ant upon the water, and fastened to the bank of the stream in such a manner as to form a communication between the land and the ves- sels loading or unloading, or receiving and landing passengers and freight, and are so constructed as to be capable of being removed from place to place so as to enable the vessels to land and recoive their cargoes at any stage of the water, and in these respects are im- portant aids to commerce and navigation, much more so than any kind of stationary wharf, and especially so upon the Mississippi river, whose banks are so changeable. Therefore, being floated upon the water and movable, and being in aid of commerce and naviga- tion, I can see no reason why this kind of water-craft should not be liable to a charge for salvage. It is not necessary that the vessel or other thing should be at the time so employed. If she was intended for such use it is sufficient, as held in the case of The Cheeseman v. Two Ferry-koats, 2 Bond, 363. �I am satisfied that libellant is entitled to salvage compensation for his labors and risk in saving the property seized, but it is difficult, under the pleadings and agreed facts, to say how much. There is ��� �