“Libel for mariners’ wages and salvage, certified from the District Court on account of the interest of the District Judge, pursuant to the statutes of 8th of May, 1792, ch 36, § 11, and of 3d of March, 1821, ch. 51. The original libel was for mariners’ wages; but as amended it wore a double aspect, asserting a right to wages, and if that could not be sustained, claiming a right to salvage equivalent to wages. The material facts were these: The ship on the 16th of April, 1821, sailed on her voyage from Newport, and arrived at Gibraltar, and there discharged her cargo, and thence proceeded in ballast to Ivica for the purchase of a return cargo of salt. She duly arrived at Ivica in June, and there took on board a cargo of salt, and on the 10th of July sailed on her homeward voyage for Providence. On the 3d of September following in the evening she was shipwrecked on Dutch Island, in Narragansett Bay, and soon afterwards sunk. The shipwreck was occasioned by a very heavy gale of wind, which continued during a great part of the night. The master and crew remained by the ship during all the night, exposed to great peril and hardship, and made every exertion to save the tackle and apparel of the ship; and by their efforts and the encouragement of the master, that their wages depended upon the salvage from the wreck, the principal part of the sails, rigging, cables, and appurtenances were saved, and carried on shore at Dutch Island. The crew remained on board doing duty for three days after the wreck, and until they were discharged by the agent of the underwriters, to whom the ship was abandoned in the interval, and who accepted the abandonment. The cargo was totally lost by the shipwreck. Since the libel was filed, the ship has been weighed and repaired, and brought to Providence. But the present was a proceeding in rem against the property saved. The wages had been paid up to Gibraltar, and during half the time the ship lay there.”
2 Mason 319