“This case comes by appeal from the district court, where a pro forma decree, dismissing the libel, was given. The libel states that on the 24th of January last, the libellants, whilst in their oyster boats in the mouth of Back creek, in Delaware bay, saw the brig Dodge Healy drifting down the bay in a solid cake of ice, of about four acres in extent, from Cohanzey cove, about ten miles higher up the bay. In about three hours after they first observed her, she had drifted, down opposite Back creek, and was proceeding in the direction of the Cross Ledge Shoals, when she was abandoned by her pilot, officers and crew, who came on shore at Ben Davis’s point; bringing with them, in their boats, their colours, compass, quadrants, clothes, bedding, cabin furniture, and other articles, as many as the boats would stow. That seeing the brig in this situation, threatened by the danger of running on the shoals, where she must inevitably have been either cut to pieces, or overwhelmed by the ice; they put off in their boat, with the intention, if possible, to save her. In about half an hour after they got on board, the mate, with some men employed for the purpose, returned to the brig; but being informed by Clark, one of the libellants, that they had, and should retain possession of, and endeavour to save the brig, he returned to the shore, taking with him the papers belonging to the brig.”