William Mason v. Blaireau

• Decision Date: 01 February 1804
• Citation: 2 Cranch 240,2 L.Ed. 266,6 U.S. 240
• Parties: WILLIAM MASON and others, libellants v. The Ship BLAIREAU
• Court: U.S. Supreme Court

6 U.S. 240

2 Cranch 240

2 L.Ed. 266

WILLIAM MASON and others, libellants v. The Ship BLAIREAU.

February Term, 1804

APPEAL from the circuit court of Maryland.

The French merchant ship, The Blaireau, laden with sugar and coffee, and bound from Martinique to Bordeaux, on the night of the 30th of March, was run down by the Spanish sixty-four gun ship, called the St. Julien, in latitude 35°46' north, longitude 46° west from Paris. The Blaireau was greatly injured by the rencounter, and before morning there were three feet water in her hold. The Spanish commander pursuing his regular course, and not being able to wait for an attempt to repair the Blaireau, took her crew and passengers on board his ship, excepting one of the seamen, Thomas Toole, an Irishman, who could not be found, as was asserted in their protest by the officers and crew of the Blaireau; but he alleged, that he was prevented, in the first instance by force, and the refusal of permission to accompany them, and afterwards he remained voluntarily, on board the Blaireau. Being alone with the wreck, Toole, as he asserted, endeavoured to repair the brig, put her before the wind and hoisted a signal of distress. In this situation she was found the next day by the ship Firm, bound from Lisbon to Baltimore. The persons on board the Firm were, Mr. Christie, one of her charterers; the master, William Mason; a mate, William Stevenson a carpenter, boatswain and cook; six seamen; a boy; two apprentices to the owners of the Firm; and a negro, Tom, a slave of the Rev. Mr. Ireland.

The Firm was about three hundred and sixty tons burthen, carpenter's measure, carrying about five hundred tons of cargo: her value was ten thousand dollars; she was owned in London by John Jackson, and was chartered to Charles B. Young and Charles Christie; who had a cargo on board of her of the value of four thousand dollars. The proper complement of men for the Blaireau was sixteen hands, and she sailed faster than the Firm. The sum of 2000 sterling was insured on the Firm. She remained with the Blaireau two days while she was proceeding to Baltimore, took out part of her cargo, and rendered her every assistance.

When the Blaireau was taken possession of she had about four feet of water in her hold, and could not have floated twelve hours longer. There was great risk and peril in taking charge of her. She was brought into Chesapeake bay, after a navigation of nearly three thousand miles, by six persons who went on board of her from the Firm, and by Toole who was found on board. Part of her cargo was taken out of her and put on board the Firm to lighten her, and part was shifted aft. The Blaireau was navigated by the people of the Firm, without boat or anchors. She required to be pumped every two, three or four hours, in fair weather, and in blowing weather every hour. The bow was secured by a covering of leather, copper and sheet lead nailed on, and pitch and turpentine in large quantities poured down hot between the planks and the coverings. The labour of the working the Blaireau by the men on board was great and severe, and they had frequently thought of abandoning her, but fortunately persevered. She was a slight built vessel, and constructed without knees, and was very weak. The forestay was gone, and the foremast was secured by passing a large rope through the hawse holes, and securing it to the foremast head. It was the opinion of several experienced sea captains that the bringing in the Blaireau was a service of great risk and peril, and nearly desperate, and such as they would not have undertaken.

The persons who went on board the Blaireau from the Firm were, Charles Christie, supercargo and one of the charterers of the Firm; William Stevenson, first mate; John Brown Hall and John Wilson, seamen; John Moat a boy, and Negro Tom.

Mason the master, and Stevenson the mate, were the only persons capable of taking an observation and navigating the vessels, or either of them into port.

It was in evidence that William Mason, the master of the Firm, had embezzled part of the cargo of the Blaireau, to the amount of $1760 71 cents.

The French consul put in a claim to the Blaireau and cargo, on behalf of the owners.

On the 14th of July 1803, the judge of the district court, the honourable James Winchester, made the following decree.

'The counsel for the parties respectively intervening in this cause were heard by the court, and their argument, together with all and singular the proceedings and testimony in this cause, were by the court maturely considered.

'And it appearing to the court that the circumstances of extreme danger under which the salvage of the ship Blaireau and cargo was effected, require a salvage and compensation as liberal as is consistent with precedents and legal principles; that the danger labour and service of the persons actually employed in navigating and bringing in the said ship, greatly exceeded the danger, labour and service of the persons who remained on board the ship Firm; and that their compensation should exceed at the rate of fifty per cent. the compensation of those who remained on board the ship Firm; that among the persons on board the Blaireau, the station, trust and services of William Stevenson and Charles Christie entitle them to a compensation exceeding that of seamen, at the rate of fifty per cent.; and that the apprentices, cook, and negro slave should not be classed with seamen, nor seamen with the carpenter and second mate, and there not being any general rule by which to settle the proportions of salvage among persons of those different stations, but that the same must depend upon the sound discretion of the court applied to the circumstances of every particular case; that William Mason, captain of the said ship Firm, having fraudulently embezzled and secreted, with intent to appropriate the same to his own use, lace and other articles of a large value, which constituted a part of the cargo of the said ship Blaireau, is not entitled to any salvage or other compensation; that in strictness the officers and crew are the only salvors; and the owners of the ship Firm and cargo, as such, can only come in for any share of salvage, upon the consideration of the risk to which their property was exposed; that upon these principles salvage should be paid to and among the persons entitled thereto, at the rate of three-fifths of the net proceeds of the sales of the said ship and cargo; and that of this sum, one-ninth part of the net salvage will be a just and liberal compensation to the owners of that ship and her cargo for any hazard to which their property was exposed.

'It is this 14th day of July 1803, by me, James Winchester, judge of the district court of the United States, for Maryland district, and by the power and authority of this court, ordered, adjudged, and decreed, that the net amount of sales of the said ship Blaireau, her tackle, apparel, and furniture and cargo, (after deducting the costs in the cause, and the sum of three hundred and eighty-eight dollars, heretofore decreed by consent to Charles Christie for expenses and disbursements relative to the said ship Blaireau and cargo) amounting as stated by the clerk of this court, to the sum of sixty thousand, two hundred and seventy-two dollars and sixty-eight cents, shall be paid, applied and disposed of, to, and among the persons and in the manner following, to wit:

'To the owners of the ship Firm and cargo, the sum of four thousand and eighteen dollars and fourteen and three quarter cents, to be divided between them in the proportions of their respective interests, agreeably to the admitted estimation thereof, to wit:

'To the owners of the ship Firm, for the value of the said ship and freight on eighteen thousand dollars; and,

'To the owners of the cargo of the said ship on four thousand dollars.

'To the persons on board the said ship Blaireau, as follows, to wit:

'To William Stevenson, the sum of three thousand four hundred and three dollars and sixty-three and a quarter cents.

'To Charles Christie, the sum of three thousand four hundred and three dollars, and sixty three and a quarter cents.

'To Brown Hall, John Wilson and Thomas Toole, seamen, each the sum of two thousand two hundred and sixty-nine dollars and eight and three quarter cents.

'To John Moat an apprentice boy, the sum of eleven hundred and thirty-four dollars and fifty-four and three quarter cents.

'And that there be retained a like sum of eleven hundred and thirty-four dollars and fifty-four and three quarter cents in this court, to and for the benefit of such person or persons as may hereafter make title to the same as owner or owners of the said negro Tom.

'To the persons on board the said ship Firm, as follows, to wit 'To John Blackford, second mate, the sum of eighteen hundred and ninety dollars and ninety and three quarter cents.

'To John Falconer, carpenter, the sum of eighteen hundred and ninety dollars and ninety and three quarter cents.

'To George Glass, the cook, and John M'Mon, an apprentice, each the sum of seventeen hundred and fifty-six dollars and thirty-six and three quarter cents.

'To Daniel Ross, Samuel Monk, Martin Burk, Mark Catlin and Joachim Daysontas, sailors of the Firm, the sum of fifteen hundred and twelve dollars and seventy-three cents each.

'That no salvage or compensation whatever shall, for the cause above recited, be paid to the said William Mason, but that the libel in this cause filed, so far as it relates to the claim of the said Mason personally and only, shall stand, and the same is hereby dismissed.

'And it is by these presents further ordered, adjudged and decreed, that the residue of the proceeds of the sales aforesaid, shall be deposited in the bank of Baltimore in the name of this court, and to the credit of this cause, to the use and benefit of such person or persons as may in this court make title thereto, as owner or owners of the said ship...