Roger B. Taney

“ In the first place, Houseman, the present claimant of the cotton, becomes the consignee of the vessel and cargo, and takes upon himself to represent the interest of the owners, when he himself is a partner with the salvors, and has a direct interest in pushing the salvage to the highest possible amount. ”

“ They are called shipmasters, in the survey held on the North Carolina; but we do not learn from the testimony, what kind of vessels they commanded, nor what was their business at that time, at Indian Key. If McIntyre meant to deal justly with his owners, how could he refer so grave a matter to men of whom he knew nothing, and whose situation obviously placed all their feelings and partialities on the other side. ”

“ So too, when the salvage service has not been important, and the compensation demanded is a small one, it may often be the interest of the owners, that the amount should be settled at once by the master, and the vessel proceed on her voyage, without waiting even a day for the purpose of consulting them. ”

“ The points in controversy are, whether salvage is due, and if due, how much? Upon such questions, there can be no doubt of the jurisdiction of a court of admiralty; nor of its authority to proceed in rem, and attach the property detained. The admiralty is the only court where such a question can be tried; for what other court, but a court of admiralty, has jurisdiction to try a question of salvage? The claimant in this case was a partner with those actually engaged in the salvage service. The 72 bales of cotton attached, were still in his hands ”

“ Several questions have been raised in the argument, upon the form and manner of proceeding in the territorial courts, as well as upon the merits of the controversy; and it becomes necessary to state fully the facts in the record, in order to show the points in dispute, and the principles on which they are decided. ”