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CHARLESTON DAILY NEWS....APRIL 25, 1866.
**
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The Daily ?STews?
WEDNESDAY MORNING, APRIL 25, 1806.
CABE OF B^fcYAOBj.* ,. ;
rm -orirr?D btatk* orr* ?mibicv-^south ??abolina
t-ii l)lHTna(JT? V ?.f.
Jn the matter of 'Ttieht^'Thousand Dollars con
ceded as Salvage of the brig C. W. Ring and her
Cargo. --.i ??J .i "-.- ,?,, ,. i
The question to be djotermln-ad in this' caso i?
tho diatribnt?b? of this sum botween tho ' owner
of tho salving ship, the Alhambra, and the salvors
proper, the Oaptairi and officers, and orew. of the
Tho decision of this question is referred to tn?
undorslgnod by- an order of Brevet Major-General
jjovens (the basis of those proceedings), of March
S 1866, which, orders that tho snm.of twenty
tnousand dollar's, ?r?t proceeds of the Bale of ??er
tain portion of the cargo of tho brig .0. W. iljng,
bo dopositod in the First National iBank of. thia
city, or with suohothor depository as the parties
interested may ooloct.aa the palvagp of the e??d'
bark C. W. Riband cargo, subject to the orders
of the QonoralOommanding the District, Or his
superior, and "to be paid into Registry of the
District Court of South Carolina, as a Court of
Admiralty, when such Court shall be organized.
To be by it distributed to tho claimants;on if tub
FAATI.ES 1NTBRK8TED SHALL AGREE UPON AN AR.JJI
tbator to settle oonflioting claims boforo such
Courtis established, such I fund,' thon, upon tho1
order of thoMajor-deriorftlOortrnanding aesforo
said, to bo paid over to said arbitrator, or upon.,
bis award."
As such referoe, authorized by thie order, and
agreed upon by said parties in a paper (also of tho
procoodingsMn this oase of doto 21st of March,
A.D. 1866) signed by .John ?q. .?h?w for Oliver P.
Hazard and,otber,? of the crow'.' and by Wtti. Al
ston Pringlo for the owners of the ?lhambra, I
proceed to the consideration of the question in
volved. - '- ?j .... :
The factsrwhioh giyooharaoter to this caso are
few and undisputed. 0Tho salved bark, O. W.
Ring, from Galveaton, Texas, with eix hundred
and twenty-bales. Of cotton, James McLean,
Master, in-.tho jcuonth of October laat was over
taken by violent' gole?, in which, to'aav? her, her
masts had urbe Cut down, and,Doming to anchor,
ehe loat both of her Anohora, and was thus reduc
ed to a very helpless condition. In this condition
a jury mast was ereoted to which a forotop staysail
was bent. ' It was concluded to moke the nearest
?ort that c'OT^ld.bn'redchod.'and oh ?tho morning of
uesday, the 81a't of October, ten A. M., pokoXn**'
steamer Ajhambra, from New York, bound'to
Charleston, while in her course, which took the
brig in tow; and brought her to the port of Charlea
ton, where they arrived-the some day at five P.
M., and tho brig was made fa?t to the wharf. The
brig was twenty-two miles from the Bar when mot
by the Awatnb?aV
The lasts whiob occurred when the Alhambra
took the Ring In tow were these: Tho Ring sig
nalled the Alhambra, and the Alhambra ran down
to her. Tho Captain of the Ring asked .the Cap
tain of the Alhambra where Bhe was bound for.
Answered, for Charleston. The Captain of the
Ring then asked fol* a tow to Charleston. Captain
Benson, of the Alhambra, then consulted Captain
Edward L. Davenport, the Pilot,. then in com
mand of the Alhnmbra, whether it would be ad
visable to do so; if he could get - the. Alhambra in
time to the bar. To which he answered he could.
A hawser was then passed from the Alhambra to
the Ring, and a hawaor alao from the Ring to the
Alhambra; '* The. hawsers > were passed by a line
from one.TSseel to the other. ..No boat was lowbr
ed, and none of the are-*? of the' AJhftmbra went
aboard tho brig. 'The Alhambra washot delayed
at all. T^S weather was fine; a little* swell in the
morning', but calm and -growing -calmer in the
evening.- ':.-..... i ,
It was- proved by very reliable witnesses that the
Alhambra, tho salving ship (as teamCr). was
worth from one hundred ftnd forty to a hundred
and fifty thousand dollars: and her -carga from
two hundred and 'fifty to throe hundred and fifty
thousand dollars. And by the testimony of high
ly accomplished engineers, one of them of th?
greatest authority, that her engine, 340 horse
Sower, was worth from twenty to thirty thousand
ollars (120,000 tof 30,000). It was alsolnevidenoe
that steamers eoBt- three times as much to run
them. I: ' i*i i ?...
It will h%ve been Been, also, from the condition
of the Ring that, though not in actual peril, she
Was in an exposed position, and from her helpless
ness in cas o ofa ga|e from the East, been subject
ed to all the dangers of a'lee shore.
The foregoing brief olo'-omon. of faota prOBOntfl
all the elements which enter into the solution of
the question,as to the respective m?rite and claims
of the owners, and the orew of the salving ship,
the steamer Alhambra.
It is elementary, rudimental legal' truth that
the crew are, in strictness, the only salvors, and
that "the mar?timo law empowers a master to
employ, in a salvage service, a vesBel under his
oommand, and to put at hazabd tue interests op
men otokh: and it in ron this beason only that,
upon considerations of general policy, the owner
is indemnified for the risk to which his property ia
exposed, by being, as it webe, novated as cosal
vor. The owner's claim to participate in the sal
vage reward rests always upon tub bisk and
damaob to .which his mop EBTY is or may be ox
posed, and no other ' ground." i (1st Beti's Coses
in Admiralty, quoting; Mason vs, the Ship Blareau
?2 Granen, 240,2*12; The Ship Mary Pord?SDale..
188; Bond va. The Rrig Cora?2 Wash. O. O. R.,
800 " ,
To the same effect writes Oonkling in his work
on Admiralty Jurisdiction, title Salvage (the mqst
recent Amerioan authority): "When, as is gene
rally the case* salvage is effected by one or more
vessels, tub ownebs, though they cannot ntopEn
LY nu denominated SAXWoBB, are entitled to a
share of the salvage on account of the expo
sure OF'THKra PROPERTY TO DANGER AND LOSS.
Stoppage oh the ocean to save the property of
another is a deviation from the voyage, which dis
charges the Underwriters (the Henry Ewbank. 1
Bumner-s R?, 800; th? same. 336, -125; Bond vs. the
Cora, 2 Wash. R.( 80), and for this risk incurred
the Owner is entitled to be indemnified.". "But the
law (says Judge Story) doea not atop short with a
mere allowance to the owner of an adequate in
demnity for the risk taken, It has a more en
larged policy and a higher aim. It looks to the
common safety and interest of the whole commer
cial world in oases of this nature; and it bestows
upon tho owrTBR a liberal bounty and reward to
sumulttte him to a just zeal in the common cause,
and'not to clog his voyages with narrow instruc
tions which should interdict bis master from any
salvage service." "The law has a nioe regard to
coifsiaorati' ?ne of this nature, and it offers, not a
premium of Indemnity only, but an ample reward,
measured by an enlightened liberality and fore
cast." (The Henry Ewbank, 1 Sumner'e Rep.,
-400,425.1 This view of the enbiect is in accord
ance with that taken by Chief-Justice Marshall,
* in delivering the opinion of the Supreme Court in
a ease, where ho observes that the same policy
which awards a liberal remuneration to captains
arid crews, onght to extend to all owners the same
reward, for a aervioe which deservea to be en
couraged, and it is surely no reward to a man,
made his own insurer without his consent, to re
turn him little mort than the premium he ad
vanced. (The Blareau, 2 Oranch R., 2i0i l Ous
tis Deals., S. O, 479. Mr. Justice Story also sug
gests that tho extension to OWNERS of the asme
1'?INOIPLIS OF REMUNERATION that SrO APPLIED TO
officers and beamen is further recommondod by
the Strong inducement it furnishes to the latter
"not to desert their own proper duty to their
owner and bis interests for selfish purposes, by
-making them share only in' subordination to and
' in oonneotion with those interests."
In the oase of the Blarean the Supreme Court
adjudged to the owners of tho salvor ship one
tEX?D of the amount of tho salvage aMowod.
--In the case above cited, decided by Mr. Justice
Washington, after grave consideration, he award
ed, to the owner the bahb fropobtion; and it was
adoptod by Mr. Justice Story in tho oase before
him. not only ae suitable to the oibo?m8tanoxs of
tho parttouiiAr cabe, but as, in his opinion, con
stituting the TRUE GENERAL BOLE OF BEMUTTEBA
tion; not as a role absolutely inflexible, and not
to yiold to any extbaoedihaby merits for perils
or losses on tho part of ownek-a, or oases may
exist in which one-half might with propriety be
allowed to the owner, as had sometimes been
?done. ...... ,,. ' ; - . '. ' .
a . From these authorities, carrying with them the
' weight to be attached to the opinions of the most
eminent Judges of the Supreme Court which the
' country has produced* it will have been seen that
the auamari. as has boon remarked, is in striot
neBS the only salvor, and that the owner is only
associated with him and the privileges of a salvor
ooNCEDKD and extended to him from considera
tions of equity and policy. And that as between
the salving ship or owner and the orew, unless in
very extraordinary cases, the rule has been, and
ia, to give one-third of the salvage to the ownor
and two-thirdu to the orew. The mariner has the
8reference, and naturally and reasonably. He is
Its indispensable human agent by whom, in cases
of actual danger, the salvage is. with displays of
courago, hardship, suffering, enterprUo and ekil
M
Ho
ful effort, effected, and in cases where those dis
plays aro not called for, as in the caso at present
under consideration, he is tho indispensable aotor
by whom tho salving ship is governed and the
work accomplished. Not only so; the law favors
him booauBo of bis very calling itself, whioh is
one ot habitual por 11, exposure, and h aide hi p.
He Ib the rational, responsible guardian of all tho
immonso property committed to the ohancca of
tho ocean. His prosonco siihply on-tjjo ocoan, in
all times of need, iu at the f oSt of a life of un
equalled dangers' and hardships, and, at best, but
poorly requited toil. 'Like a soldier in au enemy's
country, danger is his constant companion; ho
?ab not sleep,'but with'bis woapou in his hand, to
bo ready at sny'm'Omeot- for a mortal assault.
Noi.m.orcly. thep, for the efforts he may put forth
on any particular occasion, but that he iu the only
one ?irthofhmilypf man, at .unceasing and painful
?osfc, over present to. extend aid in time of danger
to person an/d'property, doe? tWlaw".consider him
with peculiar fix vor, and' rep'.y-him with grateful
knd generous rewards. '< : i :.. , .
: If this, then, - wore tv caao in which the salvage
was performed by a sailing v?aeol. undor the pre
also,, clrcumstano?s, the law would dot warrant
more, than, the award of quo-third of the salvage:
to tho owner. J Vjj,"',.'
' Httt the introduction of steam and the employ
ment of large steamers/ under tho praotice in
England, whilst it h?e bot modified the principles,
has varied the proportions of the salTage, distrib
utable between the owner and tho ma^tor and
crew. From the greater oostllnese and effioienoy of
.these instruments of salvage, the law looks upon
them with favor, and 'recognizes in tho owner a
benefactor who deserves to oe s po ci ally rewarded
for an outlay of capital so largely pfbmotive of
the interests of commerce and humanity. This
practice of the Court .of Admiralty in England has
found sanction and recognition, in ono caso in .our
oountrj, and that occurred in our own watora?tho.
oase of the ship William Fen n, to be fou nd reported
iu Araerioan Law Rogiater, ..voL l..p??a 584 to 600.
This caso finds its chief importance as being the
first and only oaso in which the Supreme Court has
recognized the praotice of- tbe Courts of England
as. having any obligation in tbe United States.
But oinco thai oase this practice has the force.of
authoritative precedent, and addresses itself to us
with the oombined authority of law and polioy and
enlightened equity.. When duly considered, this
practice is only in substance, a considerate appli
cation of tbe principles of the general law of sal
vage as attempted .to. IjO developed i a .what has
heretofore been said. : The owner, iu thcao migh
ty maohines so costly, has, whilst ho has put h?
muoh more ab stake, furnished to the ocean instru
ments proportionately more effective in. giving
epeedy, certain and prompt aid and resoue to im
periled life and property.- Hie reward should be
proportionate to tho greater risk, and find, also,
some increase in the greater service. The promi
nent cases In 'Which this praotice is illustrated, and
these principles enforced, are the Kalken, 1 Hagg,
Ad. Rep. Earl Grey 8, Hagg and the Boulah 8,
Hagg 1, W.'- Bobinsonj pp. 477-'8. The flrot of
these oases only. furnishes the authority fur the
greater coto>F.NBVTioN of steamers than Hailing
vessels. . It does .not deal with the comparai ivo
roir.unwation . of the ship and the crew. Tho
soverul portion of each is not stated in the judg
ment of the Court. Lord hto well remarks: "This
is a oaso,of salvage service performed by the
Monarch steam packet; and ft is the first aase in
which a compensation has been claimed, in- lid*.
Court, for the services of a vessel of this peculiar
character. X am,' therefore,?inclined to give as
muoh onconragom out a? possible to similar exer
tions on account of tho ohBAT b ki ix. and great row
sb of vessels'of this desoription. There is no
analogy in the two cases; it stops with the instru
ment. The steamer whs sent for to Dover, and
was empty. Th?f ship saved was an.East India
mat, of much value; cargo worth about sixty thou
sand dollars. 'She was in the Downs?in a situa
tion of actual apprehension, though not of actual
danger ; she had solicited the attention "of a Deal
boat?a class -of boats, ao is ?well known, very ac
tivo and eminently .useful in conducting vessels
into Ramsgate bar o or. She had removed the ves
sel from tho sand upon which ah o had struck, but
still there was appr?hension of danger, and provis- '
ion was therefore required foe the future safety of
the vessel. It was recommended that a Bteam
vessel from Dover should, b? sept for; it, therefore,
eannot be denied that, tho agency of ?steamboat
was highly useful and desirable : the host has also
merit from the alacb?t? with which she quits th?
harbor; ahe goes out, it would seem, at some risk;
it bping an hour after high water; and upon roach- .
ing the vessel lies by lier all' that night?a night
in the month of December?watching and attend
ing her,' apd ready to perform., any service that
may be required tho next day, when ahe trans
pon? ?or into R&mes'ate harbor. The vessel was
of greftt woalth; she resorted to the assistance of a
otoam'boat, after having resorted to one of lower
species; so that on the whole, I think, I should
have given more than the Commissioners. ' One
hundred and fifteen pound? does not seem to me
an adequate, reward, and I shall propose a mode-..
rate addition by making the retribution two hun
dred pounds and the expenses of this appeal." It
will oe observed ' that this oase throws no light
whatever on the relative value, and remuneration
of the ship and the crew. It is not certain that au v
was made. It is only sufficient to show the esti
mate io whioh euch services were held and re
warded, and that a steamer should be more hand
somely compensated. The oase, of the Beulah,
when carefully read and its true meaning elicited^
does not seem to furnish any help in the solution
of the question proposed for our solution. The
statement of the case in tho book is very brief, and
cannot well bo abbreviated with advantage. It is
thus ?stated : * In this case the Court was moved
to decree an apportionment of a salvage award
amongst tho owners,, manier, and crew of.the
steamer Copeland, for services rendered to tho
vessel?tho Beulah." It appeared that the sum of
?500 had been awarded by tue Coobt for the beb
vice im question, and this sum had been appob
TIONED BY TUE BUIP'S OWNEB8 COMPANY, to which
the8TEAH too' belonged, .according to scale ok
DisTBiBOTiON laid down and adopted b? the cou
pant IN BOOB case?. Bt this HCAi.E the Company
(sb the owners of the Copeland) took to them
selves ?415; the master received ?-1113a.Cd. ; tho en
gineer ?2 per cent, poundage, besides bis distribu
tion share; and tbe stokers and common eoameu
?4 15a. 3d. per man. An act on petition was given
in on behalf of PoOB Of the seamen, praying the
Court to make a moro suitable allotment.
The Court dooreed the following apportionment:
to the owners ?415 0& 5d.: to the master ?28 6a.
Bd.; to the first mute ?10 2s. 4d.; to the engineer
?19 2s. 4d.( to tbe second mate ?8 Is. 10d. ; to three
seamen ?8 la. lOd.jtoouo apprentice boy ?A 0a.
lid. .,
The amount awardod to the owners of the tug
in this case, it appears, was nearly four-fifths.
But it cannot escape observation that the captain
and crew were rewarded for their service, by a
ho alo of distribution laid down and adopted by the
Company in suoh cases. So far as appears from
the report of the oase, it would seem that tho cap
tain and crew received as a body and were paid
what they agreed to receive when thoy took ser
vico in the "Ship-owners' Company.'* No point
seems to have been made as against the. share of
the owners. Their sharo remains undisturbed by
tho Court. The only change in the distribution
was among the employees of the Company. All
that can be safely deduced from the case as re
ported is, that na between the owners and the
captain and crow, the scale of distribution of the
salvage, upon whioh they did business, and with
reference to whioh they engaged the services of
their employees, was maintained by the Court. It
was a special contract, and governed by its own
terms. No general rule can be deduced from it,
and, as previously remarked, it furnishes no pre
cedent or help in the solution of tho question be
fore us.
Wo now oame to the ease?that of tho Earl Orey.
which is largely analogous to the one before us, and
whioh, while it maintains the distinction taken in
favor of' "largo Steamers,*' furnishes a valuable
Creoedont as to the proportions of the salvage to
e awarded to the owners, and the master and
crew. .The. statement of tho case is as fol
lows: "Towing hy steamer?apportionment of
salvage. This vessel, of 470 tons, on a voyago
from Liverpool to Afrioa, having been run foul of
in Ht. George's Channel and her bowsprit and fore
mast carried away, was met, in this disabled state,
with a signal of distress flying, on the 10th of
August, by the Solway steamer (two engines, eaoh
of forty-five horse power), bound to Liverpool,
and by her towed into that port. The towing oc
cupied twenty-nine hours, and the value of tho
steamer was twelve thousand pounds, and that of
the Earl Orey and her oargo about four thousand
pounds. The facts were agreed upon. Sir J.
Nicholl, observing upon the hopeless state of tho
vessel when the steamer oame to her Assistance,
and the necessity of giving an ample bewabd to
Lasos bte&mxbs, deoreed ?000; and on a subse
quent day, upon the application of the owners and
mariners of the steamer, the learned Judge ap
portioned that sum. giving ?460 to the owners?
being half of the whole?on account of the value
of their property, whioh had been put in some
BISK."
One half of the saivago was given, under the
oircumstanoes and with reference to the value of
the two vessels, to the owners?a larger amount
than appears to have been given io any ease whioh
possessed tha elements and character of salvage
which has been brought to our attention, or is
known to us.
. Before making any remarks upon it, I will briefly
allude to the case of the Penn, which has been
heretofore noticed, and which baa boen adduced
aa an illustration of tho largo reward given to the
owners of steamboats or Btoamships, in compari
son with sailing vossols. Tho Judgmont in that
case, oil would admit, is an eminently sound one.
Nearly flvo-aeventbs of the aalvago was given to
the owners of Bteamor Jasper. Bnt the circum
stances Woro in sharp contrast rathor than in * an
alogy to tho caso wo aro considering. The salving
steamor was placed'in the utmost peril. Her very
existence was broadly stakod in her. adven turo to
Sate the 1'onn. Captain Haydon (ono of the wit
,nesses in tho case) says he ran the Jasper for the
ship until she was in sevdn feet wator, her draft
boing five and-a-half. .It was a stormy looking
night, heavy sea and dork overhead. He had been
a' mariner for thirty-three year's. ' He considered
the Jasper id great risk, more so than howiil ever
run again to save property. He -is, acquainted
with tho shoals, , The Jasper's stern was in the
breakers. The sea broke and washed through her
after gangways, stove in'one of the -dead lights,
and though tho pumpa were going all the time to
keep the water under, Bhe had a foot and a-half
water in her when ahe reached town." As bearing
upon the risk taken by the owner of the Jasper,
and the peril she was in, another test is remarked
upon by Mr, Justice Wayne in hia presentment of
th? case. He Bays: "In this instance, the Presi
dents of two Insurance Companies in Charleston,
accustomed to calculate marine risks, and well
enough acquainted with the roef npon which the
Win. Penn was run aground, to form a safe judg
ment of her danger, and the hazard tobe rnn by a
s team pacho t in the attempt to got her off, declare
that they wqnld not have taken a risk at all for
such adventure, if any part of the duty was to be
done in a night in February; nor under any cir
cumstances for less than a premium of twenty to
twonty-flvo per coat. .In such cases, then (re
marks the Judge), the risk muat always be run by
the owner of the steamer, as it was in this by tho
owners of the Jasper." And it may be well here
to observo that the danger was very unequally
shared by the Jasper and her crew. She was in
imminent danger?; and they not. If in mid ocean,
danger to the ship wonld be danger to tho orew;
bnt not so in an harbor, on the coast, or in the
Ere sont aase. The Jaspor might have beon bro
f n to pieces on the shoal, for want of water. The
orew could have remained aboard of her safe until
taken off, or at any time could have retreated in
safety it\ their boats.. The wrocUs that strew tho
beach of Sullivan's and Long Islands are in proof
to show that Vessels may bo destroyed and no
Uves lost. <
. After this careful review of the authorities, wo
ore brought to the -conclusion that the case wo
have to decido is different in many.of its elements
from any whioh appear iu the books, and the ono
which ia beareBt it, and wbioh oan alone afford
.soma approximation to a rule and a proper solu
tion is that of tho Earl Grey. It is to he noted
that the Earl Grey, the salving ship, was at "some
risk." The vessel saved was in a "hopoless state"
when the Sol way steamer came to her rescue.
That she- was three times the value, of tho ehip
saved; t hat tho towage took her twenty-nine hours,
aud Bhe came within the category of "large
.steamers'," to whom there is "necessity" of giving
an "ample reword," and the share of the salvage
in point of foot given to the owner of said ship
under such circumstances was "one-half."
The case of the Alhambra, though like, waa dif
ferent in many of its elements. It oannot be said
.that the 0. W. Ring was in a "hopeless state"
when she signalled to the Alhambra. Sho was not
in any immediate danger,- and it is reasonable to
suppose; that Bhe might have got into harbor with
out any help? or received timely help from some
other quartern Bnt Bhe certainly was in an exposed
Sosition, and might have heen brought to eminent
anger in a few hours, and before Bhe could have
received help. The fact that the gallant and de
voted officers and crew, who had eo nobly done
their duty to her and her owners?in the gale
which tbey had with such peril and hardship sur
vived?thought it prudent to seek the aid of the
Alhambra, .is in itself the best evidence of the
dangerous position of then* brig, and the beat
measure of the, merit of Ihe services of the Alham
bra. The Alhambra, a steamer, and a "large
steamer," gave immediate aid, and from her char
acteristics os a steamer and a very powerful
Steamer, made her rcscuo of the Ring prompt and
OEBTA?N, and in a few hours placed hor and her
very valuable cargo in perfect safety alongside of
our wharves. Unlike a sailing vessel, the Alham
bra was not eubjeot to calms, or head winds, or the
dangers of a lee ebore. It oannot be said that the
service of the Alhambra waa accompanied by any
sensiblA danger, or that th?-*a waa any ?pprSjeiablo
risk to her and her. cargo. The witnesses agree in
the statement that "the weather was fine: a little
swell in the morning; but calm and becoming cftlm
or and smooth in the evening." The only apprehen
sion of danger, or of delay, was from not arriving
at proper time for crossing the Bar. But it ia in
evidenco when the Captain of the Ring asked for
"a Une to Charleston, the Captain of the Alham
bra (very prudently) consulted the pilot,' as to
''whether ft would be advisable to do bo?if pilot
could get the the Alhambra in time for the bar."
He was answered, "I could." Yet, though there
Was rot any appreciable danger or risk, discover
able, qr encountered in point of faot by the Al
hambra; and no delay or deviation from her
voyage, which would have forfeited tho policy of
insurance of the Alhambra and her cargo, yet it
oannot be questioned ir any accident in the infi
nite chapter of. accidents had happened to the
Alhambra? by reason of the brig attached io her;
if in crossing the Bar this appendage, by reason of
any perverse current or eddy,, or.obstruction, bad
disturbed tho steerage of tho Alhtmhra and
brought her into trouble, that her policy o? insu
rance would bave been forfeited, and thit any
loss that would have occurred would have been
thrown upon the owners. In this connection, It
is proper to bring to view the fact that the (team
or was worth from one hundred and forty to one
hundred and fifty thousand dollar*, und her cargo
estimated at two huodre?! and fifty thoumnd to
three hundred and titty thousand dollar-?, and the
expense of ruuning suoli a vessel* ihren times as
much as a sailing vussel of the same tonnage.
Tho engines of the Alhambra were worth from
twenty-five to thirty, thon s and dollars, and were
of three hundred and forty horse power. *
The peculiar claims to consideration in ths ap
portionment of salvage on the part of tho owners,
is baaed on the fact that the salving vessel ?us a
steamer, and a "large steamer," and that ?here
was risk to the largo property invested in hei and
her cargo, which the owners were responsible for.
The vessel was a much more costly inatrunent
than that- of the Solway steamer; and the risk,
though very slight, was something to the vfwsel
and cargo. On these grounds, instead of one-half,
the undersigned thinks it Jnet, and feels woriant
ed in deciding, that the owners ahould reieive
(8-5) threo-flfths of the aalvago, and the muter,
officers and crew two-fifths thereof; and In ao
award?. t
And in assigning the two-fifths to the officers
and orew, though they did not but forth any pecu
liar effort, and were subject to no peculiar hard
ship in this particular oase, they neverthelen, as
in the inatance of the officers and orew of thaSol
way steamer, did all that was necessary, andtieir
whole duty. The responsibility was on the cap
tain and pilot to wisely govern this noble wip,
and the engineers, firemon and sailors to sltillnliy
work her grand machinery. Thoy were tho r>e
salvors, and this great snip was oommitteato
them by, tho law and the well founded polior of all
nations aa the instrument to aocompliwi tleir
bonefloent work, "hey were both uece*sary nd
indispensable to the result. If th? reward for ho
special service is largo and liberal, it Bhoulc be
remombered that it was obxieved ?n the thettre
of which the mariner alone knows the terr >le
perils, the unequalled bardshipa, and the in
stant anxietiea. He bad reached the spot to
do this very, service through, a gale, .which I id
rendered helpless bis brother sailors, and net ly
wrecked their vessel and drowned them. Evi y
owner of property committed to the sea, ev< y
ship owner especially, is interested in tue 1 it
degree in seeing to it that the law of salvage >o
maintained in its strictness, and that the marii *r
should come to tho moat lib?rai reward for, |s
services, and if lu comea to luck, should bo gl *
of it, and if there be anv perquisites in his ha .
life, should rejoice at It, and see that he geja
thorn.. And if this case, both aa to the ownoB
and tho master and the crow, should pariake If
this character, it Will not be matter of regijt
otthor as to the owner, who, at each cost, has pit
euoh a noble ship on the ocean, eubjeot to tfc
thousand risks' of the sea, or the master, pil
and crew, who living a life of hardship, have, 11
in this case, in .perfect fldolity and prudence, doi >
their whole duty to thai? owners end all the i
tereat? committed to their care, , . .
In a special award the referee will make tho a
lohnen to of tho-maator, o?lcorfl,. and crew of tl
Alhambra. *.,-"
Ho cannot sign this paper without making tt
acknowledgment that the eminent counsel engaj
ed in this cause, Messrs. Prlnglo and Porter f<
the owners, and Mr. Magrath for the officers an
orew. in tboir ample and learned citation of aii
thoritiea, and their acute and able expositions d
the law and its philosophy, have loft him nothini
to attempt but to weigh their suggestions anl
I
hold the scales between them. He has given to
all their citations of the law tho most oaroful con
sideration, and ondoavored to profit by their ar
gument, urgod with marked zoal, ability and elo
quence. In a oase of novel impression, without
precedent, ho has endeavored to hit the truth
and do exact justice, so* hard to do under such
circumstances, and, when done, SO difficult to
commend to the judgment of all and to reconcile
and satisfy opinion. His bost, anxious, earnoat
endoavor to attain thin rosult Is in the award he
has made. OEO. S. BRYAN, Referee.
Charleston, March 29, 1660.
8PEOIAL NOTICES.
Bi- MARRIAGE AND CELIBACY,
an Essay of Warning and Instruction for. Young Ven.
Also, ?Mseoaos and Abuses which prostrate tbe vital,
powers, with rare moans of relief. S?nt freo of charge
In sealed lottor envelopes. Address, Dr. J. 8KILLIM
HOUQUT?N, Howard AssoolaUon, Philadelphia, Fa.
April 17 Smo.
MaT COLGATE'S HONEY SOAP.?THIS CELE
BRATED Toilet Soap, in such universal demand,
made from the otoolccat mwfr"-!?'*, Is mild and
outillentin Its nature, fragrantly scented, and
extremely beneficial In its action apon tbe skin. For
sale by all Druggists and Fanoy Qoods Dealers.
February 7 lyr
?-ARTIFICIAL EYE8.-ARTIPIOIAL Ht7
MAN liYES made to order aad Inserted by Drs. F.
BAUOH and P. QOUQELMANN (formerly employed by
Rowonneau, of Paris), V.o. 999 ?roadway. New Yorfc.
April 14 lyr.
MaT AWAY WITH ?PE0TA0LK8.?OlAt EYE*
mads new, without Spectacles, Doctor or Medicine,
Pamphlet mailed free on reoelpt of tea cents. Address
B. B. FOOXK, M. D., Ko. UM Broadway, New Fork.
November 9
aw HILL'S HALB DYE-FIFTY 0KNT8?
BLACK OB BROWN?Instantaneous In effect, reliable
for natural appearance, iwauty ot color and durability;
also the cheapest ?ed best In use. Depot, Mo. en John
street, corner of William street, New York, and sold by
Druggists aad Fancy Qoods Stores everywhere.
November 39 Smo
?-SPECIAL NOTICE.?"QKEATOAKS FBOM
little aoorna grow." The worst diseases known to the
aman race spring from causes so small as to almost
cfy detection. Tbe val?mes of solontlQc lore that fill
tbe tables and shelves of the medical fraternity only go
to prove aad elaborate these facts.
Then guard yourselves while yoa may. The sanaliest
pimple on the skin Is a tell-tale and indicator of disease;
It may fade and die away from the surface of the body,
but it will reach the vitals, perhaps, at last, aad death
)o tho result aad final close. HAOGIEL'S BILIOUS
DYSPEPTIC, and DIARRHEA PILLS cure where ail
others &U. While for Burns, Scalds, Chilblains, Cuts,
and all abrasions of the skla, MAOOIgL'S Balvo Is In.
fallible. Sold by J. MAGOIEL, No. 43 Fulton-street,
New York, and all Druggists, at 35 cents per box.
September 35 lyr
49- T. B. BYNNER, IMPORTER AND DEAL
ER IN WATOHE8 and JEWEL BY ; Agency for the
AMERICAN WATOH ; also, ever; variety of SWISS and
ENGLISH WATCHES, at the lowest market prices.
No. 189 Broadway, New York?established twenty years.
Trade Prioe sAata sent on application.
January 19 ftuw&ao
stw ARCANA WATCHES?WHOLESALE AND
BETAIL.?The oases of these Watches ara manufactured
of diff?rent metals, into which gold Is torced by means
of extreme heat and a eurfaco left of 18 carat gold, which
is lasting and elegant. They are gotten tip in band
some style, and are equal In appearance and finish to
Watches costing four times the prioe sakod for them.
They are all excellent time-keepers and warranted as
uch. We BSD - -
Gents' large sise Detached Levers, Hunting
Oases, for. $80
Cents' medium sise Detached Levers, Hunt
ing Oases. 935 to 93a
Ladles' Hunting Oases, silver, gold plaUd. 30 to 35
Ladles' Ouard Chains, beautiful styles. 8
Ladles' Chatelaine Chains, beautliUl styles.. 6
Cents' Vast Chains, heavy and elegant. 8
No Watches ever before offered to the public equal
hese for beauty, durability and exoollsnos, when the
prioe Is considered. Addreaa
. ABOANA WATOH OOHPANY,
No. ?3 Fulton-street, New York.
January 31 wfmSmos
?A smile was on her Up?health was in her look, |
?trenath was In her step, and in her tmnd?- Punti
-non BiTTxaa"
S. T.-.1860-~X.
A few bottles of Plantation' Bitt?bs'''" "^
Will cure Nervons Headache. . - -
., i Cold Extremities and Feverish Lip?,
.;..." Hour Stomach and Fetid Breath.
" Flatulency and Indigestion.
" Nervous Affections.
' Excessive Fatigue and Short Breath.
Pain over tbe Eyes. ?
" Mental Despondency.
" Prostration; Great Weakness.
" Sallow Complexion, Weak Bowels, Ac
Which are the evidences of
LIVER COMPLAINT AND DYSPEPSIA.
It is estimated that seven-tenths of all adult ailments
prooeed from a deceased and torpid liver. The ' biliary
secretions of the liver overflowing into the stotnaoh poi
son the entire system and exhibit the above symptoms.
After long research, we are able to present the .most
remarkable cure for these ' horrid nightmare diseases,
the world baa ever produced. Within one year over six
hundred and forty thousand persons have taken the
plantation BrxTKBs, and not an 'instates of complaint
has oonae to our knowledge I -
It la a most effectual temo and sgroeablo stimulant,
suited to all conditions of life.
The reports that It relie? upon mineral substsnees for
Its active properties, are wholly false. For the satis
faction of the public, and that patisnts may consult
their physicians, we append a list of its components.
Calisaya bABK.?Celebrated tor over two hundred
years in tbe treatment of Fever add Ague, Djspopala,
Weakness, etc It was Introduced into Europe by the
Oountrss. wifd of the Viceroy ot Peru, In 1640, and
afterwards sold by the Jesuits for th? enormous price of
its ovm weight in silver, under the name of Jesuit's Pow
ders, sind was finally made publlo by Louis XVI, King
of France. Humboldt m?kes especial reference to its
febrlfnge qualities during bis South American travels.
OABOAnu-LA Babk? For dltrrhoo?, collo and diseases
of thestomaoh and frowels. ,
Dandelion?For inflammation of the loins and drop
sical affections.
Cuahomilx FtowKss?For enfeebled digestion.
Lavkhdeu FaowKBs?Aromatic, stimulant and ton to?
highly Invigorating In nervous debility.
WncTKBcasKN?Fortcrofula, rheumatism, eto.
ANI8K--AO aromatic carminative; creating flesh,
muscleand milk; much ubsJ by mothers nursing.
Al*o, clove-buds, orange, carraway, coriander, snake*
toe?, etc.
S, T,.~180Q.^X.
Another Wonderful Ingredient, of great use among
the Spanish ladles cf Houth America, imparting beauty
to the complexion and brilliancy to the mind, Is yet un
known to tue commerce of the world, and we withhold
Its name for the present.
IMPORTANT CERTIFICATES.
Boosters*, N, Y, December 38,1891.
Messrs. P. H. Dnajut k Co.?I have been a great auf*
ferer from Dyspepsia for three or four years, and had to
abandon my profession. About three months ago I
tried the Plantation Bitters, and to my great Joy I am
oo* nearly a well maa. I have recommended them in
several cases, and, as far as I know, always with signal
boneflt. I am, roipccifully yours,
Bar./. a OATHOBN.
riiiLAnxi.riir4,~T(iih Mouth, 17th Day, 1863.
'Biupttonto Famroi?My .daughter, has been much
bonbflttAd by the uso of thy Plantation Bitters; Thou
wilt send me two bottles more. .
j Thy friend, , i . ABA 0I7RBIN.
, - ' - ' .
Sukbuak House, Oihoaoo, III., )
February n 1863. f
Mkssbb. P. H. Daaxa at Oo. :? Pl?a*o lead us another
twelve cases of your Plantation Bitters. As a morning
ippe tizar, thsy appear to hsv* superseded everything
sise, and are greatly esteemed." '
r' Yours, a?, ?.? ; gaob & WAITE.
Arrangements are now completed to supply any de*
nahd for this article, whioh has net heretofore been
possible. --....
The publlo may rest ossnrod that la ao ease ?111 the
perfectly pure standard of tho Pi^ktation Birrxas be
leparted from. Every bottle heart Oie fac-simil? of our
denature on a steel plate engraving, or ft cannot le gen
tine. " " * -
Any ptrton pretending to tttt Fzumtation Birrxas in
/ulk or by the gallon is a snoindler and imposter. Deuara
if refilled bottltt. See that our Private Stamp it Umso
niJTU) over every cork.
Bold by all Druggists, Qrooersand Dealers throughout
he oouuti-y.
P. H. DRAKE & 00., New York.
April 90 fcawlyr
MARKED DOWN.
i
I
. I
II.?
takisg isto consideration the
depression In the pri?es of MfiRCH AN DISE,
luiii believing that the only true mercantile
way of doing business is to meet the market
regardless of cost, we bare decided to
mark oar Stock down to finea prices that
(here can be no question In regard to the
fact that we are determined to meet tite
market* . .. .
Oar FINE CLOTHING Is of oar own
manufacture, the workmanship of which
we warrant in every particular.
Annexed will be found a Hat of some
leading articleb, with former and present
prices :
Former Prtsnt
Pri?es. Prient.
BLACK DRESS FROCKS..$46 $10
BLAOK, DRR83 FRO0K8. 40 85
BLACK DBE88FBO0K8..'.'... 36 SO
BLACK DRB38 FROCKS...... 30 96
BLACK DRE88 FBOCKS.....'.'.. 30 IT
BLAOKDRES3FROOK8................. 16 . 18
BLACK DBBSSFBOOKS........ 13 10
FRENCH 0AS8IMBBE BUSINESS COATS 83 28
FRENCH OASSIMEHE BU?TNE8S COATS 30 20
FRENCH CA83IMERE BUSINESS COATS 33 37
FRENCH CA6BIMERE LINED SACK. 80 20
FRENCH 0 A88I MERE LIM EU BACK. 38 34
FRENCH 0AflSIMERE LINED SAOK. 38 30
H A R RI8 O A 881 ME B E LINED SACK...... 36 10
FANCY CA88?MERE LINED SACK.... ..33 1?
FINE BLUE MELTON LINED SACK..... 23' 18
FINE MIXED MELTON LINED 8A0K... 17 IS .
FINE BLUB FLANNEL LINED SAOK.... 17 ? '
LICHT MIKED LINED BACK. 18 16
FRENO H COATING SKELETON SACK.. 30 , 16
FRENCH COATING SKELETON, HACK.. 16 , 14
FRENCH COATING SKELETON SACK.. 16 13 .
FINE DARK SILK MIXED SKELETON
SACK... 17 14
BBOWN MIXED OABSIMEBE SKELETON
SACK..is......... 18 11
BBOWN MIXED 0AS8IMEBE SKELETON
BACK.. 10 8
BLUE FLANNEL SKELETON SACK. 13 1?
LIGHT MIXED OASSIMEUE SKELETON
SACK. 17 14
LIGHT MIXED CVfiSIMERE SKELETON
BACK...... 10 9
LIGHT MIXED OABSIMEBE SKELETON
SAOK. 7
BLAOK QUEEN'S CLOTH SKELETON
SAOK.*.. 7 B
BLAOK QUEEN'S CLOTH SKELETON
SAOK.'.. 6 6
BLAOK DOESKIN PANTS. 16 13
BL&CK DOESKIN PANTS.;. 19 10.
BLACK DOESKIN PANTS. 10 9
BLA.Q!? -nOESKlN PANTS. 8 6
FBKNCH FANCY OABSIMEBE PANTS... 14 13
9ILK MIXED OASStMERB PANTS. 13 10
3ILK MIXEDOASS1MEBEPANTS....... ?0 8
FINE BLUE FLANNEL PANTS. 8 7
BBOWN MIXED CA88IMBBB PANTS,... 9 8
BBOWN MIXED OABSIMEBE PANTS.... 7 0
LIGHT SUMMER CAESIMERE PANTS.. IS 11
LIGHT SUMMER OA88IMEHE PANTS.. 12 10
UGHTOHBOK OABSIMEBE PANTS..... 6 5
FAN0Y8pik VESTS.?. 6 5
BLACK CLOTH VESTS. 6 4
3HECK 0A88IMEBKVB3T8..:..... 4 S
BROWN MIXED CAEBIMERE VESTS.... G 6.
BBOWN MIXED OASSIMEBB VESTS.... 6 4
OOTTONaD? PANTS.. 8.60 3
JOTTONADE PANTd. 8 3.60
OOTTONADE PANTS. 9.60 ,3
Ifo. are receiring by Steamer every week
new and desirable GOODS, adapted
to the season, which we shall
sell at corresponding
LOW* PRICES.
-
[?rices marked in plain ligares upon every
article, from which no devia
tion Is made.
.i
ALSO.
4. COMPLETE ASSORTMENT
'".. . ' 0"';'
.?i . . ',;"
, GENTLEMEN'S
FING PDBNi'N? flOOIKL
[ACDLLAB. WILLIAMS & PARKEB,
1 |? i?
270 KD?G-STBE?STi
. ? i?.
302NEK HASEL-ST.a
OH-iUiLEBTON, S. O.
April? lno
SIMILI! SIMIL1BUS CURANTUR.
HUMPHREYS'
HOMOEOPATHIC SPECIFICS
HAVE PROVED, FROM THE MOaT AMPLE EXPE
RIENCE, an entire success : Slmplo? J-rompt? Effi
cient and Reliable. They aro the only medicines per
fectly adapted to popular use?so simple that mistakes
cannot be made In using thorn; so harmless as to be
free fTom danger, and so efflolent as to be always relia
ble. They have raisod tbo highest commendation from
all, and will alwayb render satisfaction.
- . Cents.
No. 1, cures Fevers, Congestion. Inflammations.. 26
" 3, Worms Worm-Fever, Worm-Colo-. 26
" S, " Crying Colic, or Teething of In
iants. 36
' i, " Diarrhoea, of Children or Adults_ 25
" C, " Dysenttiry, Griping, Bilious Colic... 2o
" 6, " Choie? a juorbus, Nausoa, Vomit
ing. 25
" 7, " Coughs, Colds, Bronqhitls. 35
" 8, " Nenralsla, Toothache, Facpacbe.? 25
" ?, Headaches, Slok Headache, Vertigo.. 35
" 10, Dyspepsia. Bilious Stomach. 35
" 11, " Suppressed, or FslnfUl Periods,.35
" 12, " Wnlttt, too profn?e periods. 35
" 13. " Croup, Cough, DU&oult Breathing.. 25
'14, " Salt fthenm, Er>s polst, Eruptions. 35
" 10, " Rheumatism, Rhoumatlc Pains... 35
10, V Fever and' Ague?*^!hlll Fever,
Agues. W
17, " Piles, Blind or Bleeding...;../.. 60
18, " Opthalmy, and Bt r? or Weak Eyes. 60
10, " Catarrh, Acuto or Chronic, Influ
en?a .? ..'.. 60
' 30, *' "Whooping Cough, Violent Coughs 60
m 31, " Asthma, .Oppressed Brosthing...... 60
? 22, tf. Kar Discharges, Impaired Hear
ing. 60
. S3, " Scrofula, Enlarged Olsnds. BweU
ings. CO
34, ?. General Debilit.1, Physical Weakness 00
" 36, " Dropsy and Scanty Secretions. 60
" 26, " Sea Sickness, Sickness from Rid
ing. 60
" 37, " Kidney Disease, Gravel..,. 60
" 38, " Nervous Debility, Seminal Emis
sions, involuB tary ' iBOharges.1.00
20, " Sore Month, Canter. 60
"30, *\ Urinary Ineoniinehee, Wetting
Bed. 60
81, '< Painful Period?, even wfth
, HpaaiiiH.... 60
" 32, " Suixcrlngs at Change of Lfe.1.00
83, " Epilepsy, SpasmB, bt. Vitus' l'auce.1.00
" 34, " Dlptherla, Ulcerated Bofo Troat.... 60
' FAMILY CAHKS. . .
86 vials, morocco case and book.. ?.,$10.00
20 largo -rials, |n morocco, add book...'. COO
30 large vials, plain case, and book..... 6.00
15 boxea (Nos. 1 to 16), and book. 3.00
VKTKUIIVAKY SPECIFICS.- -
Mahogany cases, ' 10 vials'... .v..'..f 10.oo
Singlo vials, wlih direolions. 1.00
?S~Tbcse remedies, by. the este or single box, aro
sent to any part of the country, by Mall or Express, free
of charge, on receipt of the price. Address
HUMPHREYS' SPECIFIC
HOMOEOPATHIC MEDICINE COMPANY,
Office and Depot No. 663 Broadway, Now.York.
Dr. HmtPHAKVa Is consulted dally at his 'of&oS, per
sonally or by letter, as. above, for all forms of disease.
KING& C?SSIDEY,
April 18 ' mwf6mo 6m?_Qharl?ston. S. O.
? ' ' THE
FAIREST C?MPLEIION
E??S EVER BEHELD
WAS GIVEN TO ONE OF'THE MOST BEATTFUL
WOMEN BY USlrtG THE - "i
" CIBCA8?IAN BLOOM."
It Will euro all ERUPTIONS OF THE SKIN, such m
Tetter, Ring Worms,' Spots; Blemishes, Pit Marks,
Chapped Sklb, Redness, Roughness, Pimples, D?booI
orations. It Will mako the HOMELIEST BEAUTIFUL
AND ATTRACTIVE.
TRI A BOTTLE.
For sale everywhere.
JNO. M. MARIS A CO.,
; Agents, Philadelphia.
FISHER & HEINITSH,
April 10 6 _COLUMBIA, B. C.
Let the World Look Here!
rE HOST MIRACULOUS DISCOVERY, BESIDES
the most philanthropie known to man. Lot tbo
world no longer suffer and die for the went of a remedy
yes, A CUBE FOB
SMALL POX!
LET BUFFERING HUMANITY BKJOICE1 LET
the world to glad 1 .
The revesJed cure for Small Pox Will cure. In every
Instases, from ten to fifteen days. Its effects are im
mediate, and It acts like a charm. It is purely a vegeta
ble oompound. Directions accompany each bottle.
For sale by PLUMB A LEITNEK Augusta.
A. A. bOLOMONS A CO., Savannah.
All desiring Information must address 5. A. GRAY,
Proprietor, Wayneiboro', On.
For sale in Charleston by
JOSEPH A. MORGAN.
WHOLESALE DRUaGIST.
April 7, -.; lmo' ' ' 'No.' 160 ati??ng-at
rpHE ASTONISHING SUCOESS WHICH HAS AT
J. TENDED this lnnduable medicine proves it the
most perfect remedy ever discovered. No langnage can
oonVoy an adeo?u.*"> 1 dea of the Immediate and almost
miraculous change which it occasions to the debilitated
snd shattered ?ystem. In fact, it stands unrivalled as s
remedy lor t&o perfect core of
Diabetes,
Iinpotency,
Loss of Muscular Energy, .
Physical Prostration,
Indigestion,
Nou-rolention or
Inconsistency of
Urine,
Irritation, '
Inflammation or
Ulc?ration of "
the Bladder !
and Kidneys,
Diseases of the
Prostrate O Un?,
Stone in the .
r Blsdder.
Calculus,
Grave), or .,
Brickdus*
Deposit,
And all Diseases or Affections of the Bladder and Kldk '
neys, snd Dropsical Swelling* existing m Men, Women,. .
or Children.
FOB THOSE DISEASES PECULIAR TO FEMALES
CONSTITUTION WATER ISA SOVEREIGN |
REMEDY.
These Irregularities are the canee of frequently recur
ring disease, arid through neglect the seeds q( moro
grave snd dangerous malsdlos are the result; and as
month after month passes without an effort being mad?
to assist nature, the difficulty becomes chronic, the p?.
tient gradually los?a her appetite, the bowels are con
stipated, night swiata come on, and consumption final?
ly ends her career. '
Wot sale by all Druggist?. Price $1.
' ^ W.Hi GREGG ft CO.,
, i Proprietors.
MORGAN ft ALLEN,
General Agonis, Ko. 40 Cliff street, New York. , j
B. A.?*?R.?NQBE, ;. '*." 3
?O. 80 B?OT B??, Ot?P. O?siOfc? HOUSE, v
.< .. . AND . ',, ' ' : !''-"-' ' ?tie
COMMISSION MERCHANT
WILL QXVsi PA?TIOUtAB ATTEK?ION TO ?H? n
disposal of all kinds of MaitOHANDISE ANA
?nODU0E. either at public or private ^and hopes.
>y attention to bualnssa. to merit a .hnM^?
latrouage,_wfmlmo April*
HOLMES &S?0NE?, .'!:,.
ipHUH. HOLMES..JAMUKL?. BIOXR.
FACTORS A COMMISSION MERCHANTS*
BOyCE * ?JO?B. WHARF,
February* v
?
