תמונות בעמוד

a gross excess of all the autho should libel the legislature of his rity that belonged to them. If, country if he did. But he went indeed, any two countries chose farther, and he thought he might by law to apply such a regulation say, without any degree of rash. to their own subjects.--if they ness on his part, that it was clear contracted by treaty, to commu- from their own manner of acting, nicate that mutual regulation ren that the foreign subjects in this spectively to each other; then it ease never imagined that such a would stand on a footing of mu- plea could be available to them, tual justice and authority: but selves. [His lordship here ad. no one country had a right to verted to a part of the history prescribe laws which were to of this case which related to the simit the absolute rights of the survey that had been taken at subjects of other independent Ramsgate of the Carl Johan, states : for they would be no laws without the knowledge of the to them, and could have no bind- other parties, but solely at the ing effect on them whatever; and direction and with the privity of therefore the British laws, it was her owners or their agents; and evident, disclaimed any such in- after remarking on the unfairness tention. Those laws throughout and ex-parte character of that contemplated only our domestic survey, 'he proceeded.] It appolicy-the improvement and eu- peared impossible that all this couragement of our own domes- could have been so managed by tic navigation. They purposed the owners, if they had really felt neither to impose the same bur- the slightest confidence in their then, nor to confer the same be- own plea. They must have been nefit on foreigners, as on their sensible, that, if that plea was good own subjects. If it could be shown, in point of law, no court could that Sweden had adopted the possibly apply it to a valuation so same policy with regard to British made. But after this, what in subjects, which Swedish subjects truth passed ? Nothing at all of were now attempting to plead, this was said till at the distance that might somewhat extend the of some years or so, after the long case before the court, and might pilgrimage of the suit through this furnish some ground of equity, court and the court of Appeal. upon which such a plea might be from the court of Appeal, this argued. But that Sweden was to unquiet suit travelled hither; the lay hold of a British regulation, parties, by their own confession, intended and maintained exclu- acknowledging that they could sively for British subjects, and only not support their case there. Wita claimed by her in a particular case, a sentence of costs against them, where it might be for her own be- therefore, they returned to this nefit to do so, though generally it court. But, in the mean time, might affect her quite the other nothing of this proposed estimate way, was a proposition utterly in- of value was suggested by them. supportable; and he (lord Sto- They were next sent to the rewell) could not bring his mind gistrar and merchants, to have the to the slightest hesitation upon value of the damage ascertained ; this subject. He thought that he and before them not a word, as

the Court understood, had trans- of the 9th of March, 1820, it bepired against the award made: no ing then twilight, and there being protest was affirmed, but the par- several stars visible, the smack ties suffered the whole to go on Princess Charlotte, of the burthen in an undisturbed course. When of about 157 tons, on her

voyage the registrar's report was returned from Berwick to London, was to this court, then, for the first working up the passage called time, the Court was told, that the the Swin, near the mouth of the whole of it proceeded upon a river, when she perceived on her wrong principle; that a different starboard bow, a brig and a ship course ought to have been taken; coming down upon her. The that the owners of the Swedish brig, which proved to be the Advessel were prepared to support venture, was hailed at the disit by, argument, and to illus- tance of about 200 yards by the trate it by decisions. The Court, Princess Charlotte's people, and however, must brush away both though the brig nearly fouled her, the one and the other. They yet she passed to windward (at proved nothing but that their's the distance, however, of a few feet was a mere struggle for time- only), without occasioning any an attempt to save money by a accident to her. The ship, which protraction of time. After some was pursuing precisely the same farther observations, in which course, and which proved to be his lordship affirmed the award the Dundee, Holmes master, of of six months' interest on the re- between 300 and 400 tons burported value, his lordship added, then, unfortunately encountered that he should enter no farther the Princess Charlotte by running into the parties' objections, but her bowsprit right into her star. should pronounce for the award board side, under the main chains, of the registrar and merchants, in such a manner that the water with costs; and he desired to poured into the smack: five feet add, that he thought he should water in the hold were found not improperly limit the effect of upon sounding. The Dundee, appeal by declaring, that if this which was going through the case should travel again into the water at the rate of five or six court of Appeal, and afterwards knots an hour, carried the Prinagain return hither, he should cess Charlotte, whose rigging and certainly meet it at its return with mainsail had got entangled among that attention to costs which he the rigging of the Dundee, for a thought such a suit would merit. considerable distance on her bow.

sprit till it broke; and then the Nov. 27, AND Dec. 4a smack went down head-foremost. (Before Lord Stowell, assisted by contradictory. On the part of

The evidence was exceedingly two Trinity Masters.)

the Princess Charlotte, it was The Dundee. This was a case alleged, that the accident was not of collision; and turned upon the unavoidable, but arose from the question of the liability of the mismanagement of the Dundee, vessel, which occasioned the ac. which did not starboard her helm cident.

in time, notwithstanding that she Itappeared, that on the evening was repeatedly hailed by the

very last.


smack's crow to do so till the conduct, not of accident; but

they differ as to the party, on On behalf of the Dundee, it whom the misconduct is to be was deposed, that the loss of the charged; because each charges Princess Charlotte was purely that matter on the other, and accidental, or if attributable to each claims an entire exemption any mismanagement, attributable from all share of the blame. The only to the unseamanlike con- owner of the ship that suffers, duct of the Princess Charlotte's charges the other with gross inown people, who, if they had attention, with negligence, and continued to on, in the with not keeping a proper look same course which they were out-charges these, that are cerkeeping at the time, instead of tainly not inconsistent with one porting their helm, would have another, and which are, I preescaped all damage whatever. sume not upfrequently, entirely

Lord Stowell then addressed concurrent. Those of the other the Trinity Masters and the party attempt to fix on the offendCourt to the following effect:- ing vessel an act of decided neg. « This case, Gentlemen, must be ligence or inattention. Now nodecided almost entirely by your thing of this sort attaches to the information, experience, and opi- other vessel ; because it is pernion. My own opinion upon the fectly shown that she had manicase, without reference to the fested a proper solicitude for her circumstances, is briefly this :- own safety, by hailing the brig An accident has happened which Adventure repeatedly, which brig has induced the loss of a very was approaching her, after having valuable property—a loss that passed the Dundee. But on bemust fall, with very severe weight, half of the Dundee it is conupon one or other of these par- tended, that the smack in doing ties. Losses of this kind have so, adopted one unskilful maoften occurred from different neuvre, which led to this unforcauses; sometimes from causes tunate concussion: for it is stated of mere accident, unconnected in the allegation, that, had the with any imputability of blame Princess Charlotte held on her whatever. If the misfortune be course, immediately on seeing the owing to such accidents as no helm of the Adventure altered, human foresight, or skill, or ma- and instead of trying to go to nagement, can entirely avoid or leeward, so held on, she would overcome, the loss must fall, as have cleared the Adventure by in the case of other accidents of many feet, and the Dundee by daily occurrence, on the party many fathoms. It is therefore to whom the accident has ac- pleaded, that one unseamanlike tually occurred: but the parties measure, on the part of the smack, in this case decline to consider has led to the lamentable concluit as a case of accident alone; sion which followed. Now, gen. and if you, gentlemen, should tlemen, you are to judge of this: consider it as a case merely of I shall content myself by pointaccident, you would differ from ing out a few rules of reason, them both: for they both con. and as I conceive of maritime sider it as a clear case of mis. law, which I take to be not imp

plicable to the consideration of and all its consequenoes must lie such a case: and the first of them with the aggressor. The second is this :-If a ship going in her point, gentlemen, that I should direct course, and with all the press upon your observation is, force and velocity that belongs that where a light ship comes to that course, under all the fa- into collision with a heavy one, vourable circumstances of wind the conclusion is against the agand weather, runs a ship downgressor : a light ship is more by striking on her side, the law easily diverted from a course that is, that the ship so pursuing her is likely to bring hazard to it; course, under such circumstances, and therefore, being with less is to exculpate herself from a difficulty removed from a situacharge of an unlawful aggres- tion likely to cause hazard to it, sion: for, at any rate, she is the a higher degree of responsibility aggressor in point of fact. She as to taking such measures as may be so, indeed, innocently; may preserve her, attaches to then, as I have already observed, her. The last and most importa case of inevitable and uncon- ant point, gentlemen, and which trollable accident would be here I take to be proved by the facts sufficient exculpation. But, gen- here is, that a vessel favoured by tlemen, in this case it is not to the wind and tide, is, charged in be presumed that the loss has a peculiar manner with the rebeen wholly occasioned by suchsponsibility of protecting other accident; it is not even 80 vessels differently circumstanced. pleaded : but their allegation is, Her means of escaping danger that the other vessel, the smack, herself, and of combating it, are had, by some act of her own, more easy and more effective. placed herself in such a situation, On these accounts it is, that her that it was not possible to avoid responsibility is greatly increased, the collision. Now when a case and consequently, that responsiof this sort is set up, it must be bility is still augmented, when, in supported by the clearest evi- a case of accident, the circumdence; for it is a case against all stances, under which she may presumption, that a vessel would have occasioned it, do not appear throw herself into the way of necessarily to have led to it. I destruction by an act of her own : do not feel that I state this rule but, otherwise, the blame must too strongly, when I say, that rest with the aggressor ; for it is ships in the possession of such the blow of the aggressor that advantages as I have mentioned, has actually done the deed; and, are, to a certain extent, charged as I have before remarked to with the protection of other you, it is against all presumption vessels that may be not so fathat the other party had exposed vourably provided for; and thereherself. If that be really, the fore, if mischief does happen by case, it must be shown by the reason of any act attributable to clearest and most satisfactory a ship so favoured, the original evidence, and with the force of sin lies at her door, till it is demonstration; for, unless it can cleared away by a most satisfache made apparent that the acci- tory explanation. These, gentledent so fell out, the aggression men, are the general observations, which your peculiar apprehen- the Dundee took those proper sion and experience of such mat- measures of precaution and safety ters will apply as far as possible. that it then became indispensably In the voluminous papers in necessary to adopt ? On the which the evidence is contained, other hand, gentlemen, you will there is a large mass, upon which consider, whether the suffering I am unwilling to observe,- ship, which is clearly shown to mean the conversations that are have observed all reasonable caurepresented to have taken place tion, is incontrovertibly proved after this accident had happened. to have adopted a measure of You are aware, gentlemen, that an extremely disadvantageous ship testimony of this sort is kind, and such as has exposed usually of a very contradictory her to the unfortunate destruction nature ; and therefore it will be of her hull, rigging, and cargo. I much safer for you to determine shall not enter into a minute exathis case upon the real facts mination of this evidence. You brought before you, instead of must be infinitely better judges deciding it on the faith of these of them than myself, and must uncertain colloquies. I shall be bring to their consideration infivery glad to hear that you have nitely more experience and infound quite enough in these facts formation than any which I can to enable you to do so; but if pretend to help you to. It is, not, it will be my duty to point indeed, the greatest satisfaction out a few of the facts, that may to me to know, that you have be most material for your notice. given the evidence the most meAt present I shall state only ritorious consideration,—that you these :~Here is a large ship, have devoted to it the most possessed of all the advantages anxious consideration,--and have of wind, tide, and weather. She listened attentively to the able runs down a light vessel, by a arguments which have been conviolent blow upon her side, as she structed upon it. Your judgment is proceeding against wind and on the circumstances of this case, tide, with all imaginable caution therefore, is much more proper and regard for her own safety. to direct me, than mine is to It is for you, gentlemen, to in- direct you; and to that I must struct me, whether the ship has refer them. cleared herself of the imputation The Senior Trinity Master, of misconduct, attaching, as it (Mr. Isaac Robinson) lamented, does, to a misfortune that cer- that in all these cases of collision tainly ought not to have taken it almost invariably happened place under such a state of cir. that there were similar variations eumstances. You will judge whe- and discrepancies in the evidence ther, from the papers before the to those which had occurred in Court, it appears that due cau. the present instance. But this tion has been exercised on the was easily accounted for, and other side. You will judge whe- particularly in this case, when ther a proper look-out was kept, ihe situation of the vessels was such as ought to have been kept; considered. Taking it that the you will also judge whether, on Dundee was proceeding at about the near approach of the danger, five knots an hour, allowing for

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