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the amount collected from the owners of land
was $314,500.84, leaving only a balance of
$71,385.83. It is not for us to suggest in what
way this balance may be collected. After the
war, the Secretary of the Treasury was author-
ized to suspend the collection of the tax in any
of the States previously declared in insurrec-
tion, until January, 1868, and subsequently
this authority was extended to January, 1869.
14 Stat. at L. 331, § 14; 15 Stat. at L. 260, chap.
69. The secretary acted upon this authority,
and suspended the collection. It is stated that,
since 1869, no attempts have been made by the
Executive Department to enforce its collection
in those States. Be that as may, it is enough
for the disposition of the present case, that the
unpaid balance of the tax apportioned to Louis-
iana constitutes no debt on the part of the State
in her political and corporate character to the
United States.

We perceive no error in the judgment of the
court below, and it is, therefore, affirmed.

UNITED STATES, Appt., v.

STATE OF ALABAMA.

[No. 1058.]

mem 129 US 39,

UNITED STATES, Appt.,

STATE OF MISSISSIPPI.

[No. 1059.]

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APPEALS from the Court of Claims. Af

Mr. Justice Field delivered the opinion

the court:

of

The questions presented in these cases are covered by the decision in the case of United States v. Louisiana; and, in conformity with it, the judgments in them must be affirmed.

So ordered.

BURLINGTON, CEDAR RAPIDS AND
NORTHERN RAILWAY COMPANY,
Appt.

Reported below, 23 Fed. Rep. 849.
On motion to dismiss. Granted.
The case is stated by the court.
Messrs. Herbert B. Turner, and B. F.
Lee for appellee, in support of motion:
The decree is interlocutory and not final, ac-
cording to the decisions of this court.

Parsons v. Robinson, 122 U. S. 112 (30: 1122);
Dainese v. Kendall, 119 U. S. 53, 54 (30: 305);
Grant v. Phoenix Ins. Co. 106 U. S. 429 (27:
238); Ray v. Law,7 U. S. 3 Cranch, 179 (2: 404);
Whiting v. Bank of U. S. 38 U. S. 13 Pet. 6
(10:33); Bronson v. La Crosse &M.R. R. Co.67 U.S.
2 Black, 524 (17: 359); Green v. Fisk, 103 U.
S. 518 (26: 486); Chicago & A. R. R. Co. v.
Swasey, 90 U. S. 23 Wall. 405 (23: 136); Hu-
miston v. Stainthrop, 69 U. S. 2 Wall. 106 (17:
905); Perkins v. Fourniquet, 47 U. S. 6 How.
206 (12:406); Fourniquet v. Perkins, 57 U. S.
16 How. 84 (14:855.)

Mr.Thos. F.Withrow, for appellant, cited Nat. Bk. of Cleveland v. Shedd, 121 U. S. 74 (30: 877); Parsons v. Robinson, 122 U. S. 112. (30: 1122).

Mr. Chief Justice Waite delivered the opin ion of the court:

This is a motion to dismiss an appeal because the decree appealed from is not final but interlocutory only. The case is in substance this:

redeem the prior mortgage.

A bill was filed by a junior mortgagee against
the mortgagor and a prior mortgagee to fore-
close his mortgage and to establish his right to
The defense was
that under certain proceedings had for the
foreclosure of the prior mortgage his right to
redeem had been cut off, and the mortgaged
property sold free of his lien. The decree ap-
pealed from finds: (1) That the junior mort-
gage is still a valid and subsisting lien, and
that the right of its trustee and beneficiaries to
redeem had not been cut off by the proceed-
ings for the foreclosure of the earlier mort-
gage; (2) That those claiming title under the
sale upon the foreclosure of that mortgage, and
certain other parties, are entitled to redeem the
junior mortgage "by paying off the amount
due." thereon, "at such time as shall bereafter
be fixed and determined by a further order or
decree to be entered in this cause;" (3)
case none of the parties claiming under the
prior mortgage redeem the junior mortgage,
and the junior mortgagee redeems the prior one,
(See S. C. Reporter's ed. 52-56.)
then that the junior mortgage shall be foreclosed
and a sale of the property "shall be had un-
When decree is interlocutory and not final.
der a decree to be entered by this court," and
the proceeds shall be applied, first, "to paying
When an action has been brought in the United off the amount paid to redeem from the first"
States Circuit Court, by a junior mortgagee,against mortgage; second, the amount found due on
the mortgagor and a prior mortgagee, to foreclose
his mortgage, and to establish his right to re- the second mortgage; and the balance, if any,
deem the prior mortgage, and such right to re-paid to the mortgagor; (4) "In the event that
deem has been established by a decree of that court
but the amount he must pay has not been deter-
mined, and the amount due on his mortgage has
been declared, but what that amount is has not
been fixed by the decree, the decree is interlocu-
tory only and not final for the purposes of an ap-
peal, and an appeal therefrom will be dismissed.
[No. 1019.]

CHARLES E. SIMMONS, Trustee, ET AL.

Submitted Oct. 11, 1887. Decided Oct. 24, 1887.

In

none of these parties shall redeem from the
others,*** then a sale" of the mortgaged
property "shall be had pursuant to such de-
cree as may hereafter be entered herein, and
from the proceeds shall be paid off, first, the
amount which it may be hereafter determined
is due on the first" mortgage; “second * * *
the amount which it may hereafter be deter-

APPEAL from the Circuit Court of the United mine is due on the second mortgage, and

States for the Southern District of lowa, third, the balance, if any, to the inortgagor.
C'entral Division.
It was then ordered that, "for the purpose

[53]

of determining the amount necessary to be paid by any of the parties in making redemption, as herein provided," the cause be referred to a master to find and report" the amount due on both the first and the second mortgages in accordance with certain principles of accounting which were specifically stated. The whole then concludes as follows: "This decree being interlocutory, it is ordered that said cause stand continued for further order and decrce." From this decree the appeal was

taken.

The case is reported as Simmons v. Taylor, 23 Fed. Rep. 849.

The rulings at the last term in Parsons v. Robinson, 122 U. S. 112 [30:1122] are decisive of this motion. The right of the junior mortgagee to redeem the prior mortgage has been established by the decree appealed from, but the amount he must pay has not been determined. The validity of his lien as security for the amount due on his mortgage has been declared, but what that amount is has not been fixed. His right to a sale of the mortgaged property in case the debt is not paid has been settled but such a sale cannot be made until a further order to that effect is entered. The litigation has not been ended; the terms of the redemption have not been fixed, and the foreclosure sale awaits the further judicial action of the court. In short, nothing can be done towards carrying the decree into effect until the "further order or decree" for which the cause was continued. This is shown more than once on the face of the decree, and consequently the decree is in fact, what the court took care to say it was, "interlocutory" only, and not final for the purposes of an appeal.

It is suggested in the brief of counsel for the appellant that the cases of First Nat. Bk. of Cleveland v. Shedd, 121 U. S. 74 [30: 877] and [55] Parsons v. Robinson, supra, are in conflict, but this is a mistake. In Shedd's Case there was a decree of sale absolutely and without reserve, which could be carried into execution at once and when a purchaser acquired title under it, he would have held as against all the parties to the suit, no matter what might be the rulings on the other questions in the case which were reserved for further adjudication. The language of the decree, as shown at page 84 [881], was to the effect that the whole property be sold as an entirety, *** and that upon a confirmation of the sale the purchaser be entitled to a conveyance freed and discharged of the lien of the mortgages, receiver's certificates, costs, expenses, etc.' Such a decree was surely final for the purposes of an appeal within the rule as stated in Forgay v. Conrad, 47 U S. 6 How. 201 [12:404], where it is said, at page 204 [405]: "When the decree decides the right to the property in contest, and directs it to be delivered up by the defendant to the complainant, or directs it be sold, or directs the defendant to pay a certain sum of money to the complainant, and the complainant is entitled to have such a decree Carried immediately into execution, the decree

the

the parties pursuant to the decree passed." To the same effect are Ray v. Law,7 U.S.3 Cranch, 179 [2:404]; Bronson v. La Crosse & M. R. R. Co. 67 U. S. 2 Black, 524, 531 [17: 359, 360] and Thompson v. Dean, 74 U. S. 7 Wall. 342 [19: 94], in which last case it is said, p. 345 [95]: "In this case the decree directs the performance of a specific act, and requires that it be done forthwith. The effect of the act when done is to invest the transferces with all the rights of ownership. It changes the property in the stock as absolutely and as completely as could be done by execution on a decree for sale. It looks to no future modification or change of the decree." If a sale had been made under the decree as it stood in Shedd's Case, title of the purchaser would not have been overthrown or invalidated, even by a reversal of the decree; and consequently the title of the defendants to the lands would have been extinguished, and their redress upon the reversal, [56] would have been of a different sort from that of a restitution of the land sold." Such was the language of this court, speaking through Mr. Justice Story, in Whiting v. Bank of U. S. 38 U. S., 13 Pet. 6, 15 [10:33, 37], in reference to the effect of a sale under a decree of foreclosure and sale, and there cannot be a doubt of its correctness. It was for this reason the decree in Shedd's Case was held to be final in the sense of a court of equity for the purpose of an appeal.

But in Parsons v. Robinson, we held there was no decree of sale which could be "carried immediately into execution;" that no order of sale could issue until the court had "given its authority in that behalf;" and that "further judicial action must be had by the court before its ministerial officers could proceed to carry the decree into execution." In this consists the difference between the two cases; in Sherid's Case there was actually a decree of sale; iu Parson's Case there was not. So, here, there has been no actual decree of sale; and the mo tion to dismiss is granted.

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Where the law, under which town bonds in aid of a railroad purport to have been issued, has been de clared void, and the bonds are sought to be supplication for the town meeting shall be made by ported by another law which requires that the ap twenty voters and taxpayers, and the record does not show that any of those who signed the application for the meeting at which the vote was taken were taxpayers, a recovery cannot be had upon them.

[No. 876.] Submitted Oct. 11, 1887. Decided Oct. 24, 1887.

Itates for the Northern District of Illinois. Affirmed.

ERROR to the Circuit Court of the United

must be considered as a final one to that extent, and authorizes an appeal to this court, although so much of the bill is retained in the circuit Action against the Town of Dayton on town court as is necessary for the purpose of adjust-bonds purporting to be issued by it under the ing by a further decree the accounts between Act of February 18, 1857, which Act has been

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declared void by reason of its not appearing by the legislative journal to have been passed as required by the Constitution. Plaintiff claimed to be a bona fide holder and to recover under the Act of March 6, 1867, which was in force on May 1, 1869, when the bonds were issued. A copy of the bond is set forth in the declaration containing the recital that it was issued under the Act of 1857. The Town demurred to the declaration. The circuit court in which the action was commenced sustained the denurrer and dismissed the action and the plaintiff Gilson appealed to this court.

Messrs. George A. Sanders and R. W. Haynes, for plaintiff in error:

The Act of March 6, 1867, gave ample power for the vote and issue of the bonds in question. Knox County v. Aspinwall, 62 U. S. 21 How. 539 (16: 208); Gelpcke v. Dubuque, 68 U. S. 1 Wall. 203 (17:524); Marshall County v. Schenck, 72 U. S. 5 Wall. 784 (18:559); Lexington v. Butler, 81 U. S. 14 Wall. 282 (20:809).

Municipal bonds held by bona fide purchasers bought before maturity, in good faith, for a valuable consideration, and without notice of any defense, have been held valid, where there appeared adequate legi lative authority therefor; and where a vote of the people is recited on the face of the bonds, the municipality is estopped from denying the election.

Warren County v. Marcy, 97 U. S. 104 (24:980); Douglas County v. Bolles, 94 U. S. 104 (24:46); Empire Top. v. Darlington, 101 U. S. 87 (25:878); Marcy v. Oswego, 92 U. S. 638 (23:748); Coloma v. Eaves, 92 Ŭ. S. 484 (23:579). The bonds reciting on their face a void Act, that of February 18, 1857, as legislative authority, when the valid Act of March 6, 1867, giving ample power to issue the bonds, was in force, must be chargeable to the officers of the Town, and no loss thereby should fall upon a bona fide holder of bonds purchased without notice and for a valuable consideration before maturity.

Marcy v. Oswego, and Coloma v. Eaves,

supra.

If there was any legislative power in existence, at the time the bonds were issued, for the vote and the issue of the bonds in question, an innocent purchaser had a right to rely upon it, and the bonds are valid.

Maher v. Chicago, 38 Ill. 273; Johnson County v. January, 94 U. S. 204 (24:111).

Where the wrong Act is recited, the recital of it will be rejected, and the bonds held valid under an existing Act granting the power to issue them.

Anderson County v. Beal, 113 U. S. 227 (28:966); Johnson County v. January, supra; Burr v. Chariton County, 2 McCrary, 603.

A municipal bond is valid as negotiable paper under the law merchant, when any power existed for its issue, even though not disclosed upon its face.

Questions of form merely, or irregularity, or fraud, or misconduct on the part of the agents of the Town cannot be considered.

East Lincoln v. Davenport, 94 U. S. 801 (24:322); Rock Creek v. Štrong, 96 U. S. 271 (24:815).

The bonds in this suit appearing regular on their face in every particular, the doctrine of equitable estoppel is applicable.

Johnson County v. January, 94 U. S. 202 (24:110); Royal British Bank v. Turquand, 6 El. & Bl. 327; Wilmarth v. Crawford 10 Wend. 343; Alleghany City v. McClurkan, 14 Pa. 83.

Mr. G.S. Eldredge, for defendant in error. This case seems to be a wholly groundless attempt to procure the reconsideration of a question which has been heard and conclu sively settled by the Supreme Court of Illinois in the cases of Ryan v. Lynch, 68 Ill. 160, and Miller v. Goodwin, 70 Ill. 659, and by this court in South Ottawa v. Perkins, 94 U. S. 260 (24:154), and Amoskeag Nat. Bank v. Ottawa, 105 U. S. 667 (26:1204).

The bonds sued upon were issued under the Act of February 18, 1857, and in pursuance of no other authority whatever. The resort to the Act of 1867 is a mere subterfuge, and can avail nothing.

Mr. Chief Justice Waite delivered the opin. [61] ion of the court:

The judgment in this case is affirmed on the authority of Crow v. Oxford, 119 U. S. 215 [30: 388]. See also Post v. Supervisors, 105 U. S. 667, 691 [26:1204, 1213]. It appears on the face of the bonds sued for that the subscription was made under and by virtue of the Act of February 18, 1857, and that the vote of the Town was taken at a special town meeting called upon the "application in writing of fifty legal voters of said Town," which is in accordance with the provisions of that Act. The Act of March 6, 1867, which the plaintiff now claims is sufficient to support the bonds, requires that the application for the town meeting shall be made by "twenty voters and taxpayer.." The record does not show that any of those who signed the application for the meeting at which the vote was taken were taxpayers. It thus appears from the bonds themselves not only that they were issued under the Act of 1857, but that they were not issued under that of 1867. Affirmed.

POTOMAC STEAMBOAT COMPANY, Claimant of the Steamer EXCELSIOR, Appt.,

v.

BAKER SALVAGE COMPANY.

(See S. C. "The Excelsior," Reporter's ed. 40-51.)

arbitrate-excessive recovery.

1 Dill. Mun. Corp. 541; Ackley School Dist. v. Hall, 113 U. S. 139 (28:956); Moran v. Miami Salvage claim-when not barred-agreement to County, 67 U. S. 2 Black, 722 (17:342); Mercer County v. Hacket, 68 U. S. 1 Wall. 83 (17:548); White V. Vermont & M. R. R. 62 U. S. 21 How. 576 (16:222); Thompson v. Lee County, 70 U. S. 8 Wall. 331 (18:178); Marion County v. Clark, 94 U. S. 278 (24:59); Cromwell v. Sac County, 96 U. S. 51 (24:681).

cial contract, it is necessary to plead and prove a 1. To bar a meritorious claim for salvage by a spebinding contract to be paid at all events for the work, labor and service in attempting to save the Property whether the same should be lost or saved.

2. A binding contract of that character is not proved by a loose conversation between the respec.

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tive parties after the salvage service had been partly
rendered.

3. An agreement to submit to arbitration the
amount to be received for the salvage service in
case the parties could not agree is no bar to an ac-
tion for salvage brought in the ordinary way in the
admiralty division. If effect could have been given
to it at all, it would be only by bringing an action
upon it for not submitting to arbitration.

4. Since the Act of 1875, in cases of salvage, as in
other admiralty cases, this court should not alter
the decree for the reason that the amount awarded

appears to be too large, unless the excess is so great
that upon any reasonable view of the facts found
the award cannot be justified by the rules of law
applicable to the case.
[No. 181.]

Submitted Oct. 11, 1887. Decided Oct. 24, 1887.

PPEAL from the Circuit Court of the United

Fortress Monroe, left her dock at Norfolk,
steamed down the Elizabeth River and into
Hampton Roads, heading the usual course to
make a landing at Old Point wharf. She bad
on board a competent crew and an average
number of passengers, the agreed value of the
steamer being $150,000 and of her cargo
$10,000.

"As The Excelsior was heading the aforesaid
course in Hampton Roads, at or near six P. M.,
the United States steam tug Fortune came into
collision with her, by an accident. The For-
tune struck The Excelsior, which is of wood, on
the starboard bow, making a hole in her hull at
least 8 by 10 feet; and it being apparent that The
Excelsior must otherwise sink in deep water,

A States for the Eastern District of Virginia. from the quantity she was making in her bull

Affirmed.

Reported below, 19 Fed. Rep. 436.

The facts of the case are fully stated in the opinion.

Mr. Theodore S. Garnett, Jr., for appellant:

The claim for salvage is barred by the
special contract shown.

The Independence, 2 Curt. C. C. 355.
The award is grossly excessive.

The H. B. Foster, Abb. Adm. 222.
Mr. W. H. C. Ellis, for appellee:
The facts certified by the circuit court in this
case constitute a salvage service.

The Connemara, 108 U. S. 352 (27:751).
Nothing short of a contract to pay a given
sum for the service to be rendered, or a bind-
ing engagement to pay at all events, whether
successful or unsuccessful, will operate as a
bar to a meritorious claim for salvage. The
evidence must show a definite and explicit bar-
gain.

The Camanche, 75 U. S. 8 Wall. 477 (19:405); The Independence, 2 Curt. C.C. 350; The Salacia, 2 Hagg. Adm. 262.

If the libelants refused to refer the amount of compensation to arbitration as agreed, that is no bar to a suit for salvage.

Coffin v. The John Shaw, 1 Cliff. 230.

Mr. Justice Blatchford delivered the opinion of the court.

This is libel in rem. in admiralty, in a cause of salvage, filed by the Baker Salvage Company, a corporation of Virginia, against the steamer Excelsior and her cargo, in the District Court of the United States for the Eastern District of Virginia. That court awarded to the libelant, by a decree made on the 21st of of February, 1884, the sum of $5,600, as salvage, being 3 per cent on $160,000, the value of The Excelsior having been found at $150,000, and the value of her cargo at $10,000. 19 red. Rep. 436. The claimant appealed to the circuit court, which, on the 19th of May, 1884, affirmed the decree of the district court, with interest on the $5,600 from the date of the decree of the district court, until paid, at the rate of 6 per cent per annum, and the costs of suit. The circuit court found the following facts and conclusions of law:

through the hole in her bow, she was promptly
headed for the shore, going ashore on the south
side of Hampton Bar, at about its middle point,
about two miles from Old Point wharf, three
or four miles from Sewell's Point, between
balf a mile and a mile from the Soldiers' Home
shore, the nearest shore, and within a hundred
yards of the channel, where she sank, full of
water, with a hole extending from her hurri-
cane deck far down under water, lying almost
head on to the shore, in water ranging in depth
from six to seven feet at her bow to from ten
to twelve feet at her stern.

"After ascertaining the above soundings and
landing his passengers at Old Point Comfort,
Captain Baldwin, of The Excelsior, proceeded
to the same point and sent the following tele-
gram to the Baker Salvage Company, at Nor-
folk, Va.:

"

"December 4, 1882.
"Send assistance, with steam pumps, to
Excelsior, on Hampton Bar. Get here by low
water.'

"Subsequently, Captain Baldwin sent anoth-
er telegram, as follows:

"Dec. 4, 1882.
"Del'y guaranteed. Bring steamer Reso-
lute, a diver, with appliances.'

"The first of these telegrams was received at [42]
the telegraph office, in Norfolk, at 8.2 P. M.,
and the other at 9.15 P. M., on the evening of
the collision.

"The Baker Salvage Company, through the agency of its superintendent and general manager, Captain E. M. Stoddard, at once, and vigorously, set to work in response to the telegrams, to render the aid asked for; and, at or about ten P. M., a fully equipped expedition, under the command of Capt. Stoddard, left Berkeley, opposite Norfolk, at the intersection of the southern and eastern branches of the Elizabeth River, where the wharves of the Baker SalvageCompany are located, for the purpose of relieving The Excelsior. The expedition consisted of the powerful wrecking steamer Resolute, Hobbs, master, with her stationary steam pump, capable of pumping four hundred tons per hour, with the schooner Scud in tow, having on board a portable steam pump capable of pumping one hundred tons per hour, and a "On the afternoon of the fourth of December, full complement of wrecking material and ap1882, at five o'clock, the steamer Excelsior, pliances, the whole manned by a crew of ten Captain T. E. Baldwin, of the Potomac Steam-seamen experienced in wrecking operations, boat Company, plying between Norfolk, Va., and accompanied by a skilled diver, with div and Washington, D. C., touching at Old Point, ing apparatus. Captain Stoddard making all

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reasonable haste, and in the exercise of his
judgment, did not attempt to go alongside of
The Excelsior that night, not knowing her ex-
act position on Hampton Bar, and being unable
to identify her lights, but went directly to Old
Point wharf, where he arrived about one o'clock
on the morning of December 5, when it was
flood tide there, Between that hour and day
light he secured the services of a number of
laborers at Old Point, whose services he antici-
pated would be needed to remove the cargo,
thus materially advancing the work for which
he had come. At daylight on the morning of
the 5th of December, Capt. Stoddard, with the
expedition above described, went to The Ex-
celsior, and found her lying as above described,
submerged to her main deck, with a hole in
her bow, and full of water, water standing on
her main deck aft at high tide, and about two
feet below her guards at low tide.

moval of the cargo to Old Point wharf had
been completed, and The Scud anchored for
safety inside Hampton Bar, with but one man
left aboard of her as a guard, The Resolute came
alongside The Excelsior on her starboard or
weather side, put out fenders, made fast so as
to be in position to use her stationary pump.
and began to assist in the work of setting up the
portable pump on board of The Excelsior. The
work of setting up this portable pump was con-
tinued until nine P. M., the pump and all at-
tachments being furnished by the Baker Sal-
vage Company, only the steam for running it
being supplied by the donkey engine of The
Excelsior, while The Resolute was lying on The
Excelsior's starboard side or windward side, as
aforesaid. Between 7 and 8 o'clock on Decem-
ber 5 it began to blow a fresh or strong breeze
from the east or southeast, so as to induce the
master of The Excelsior to request that The
Resolute lie alongside of the steamer. for the
protection of the lives of those aboard of her,
in case her joiner work should be carried away
and she should begin to break up. The Reso
lute thus continued to lie on the starboard or
weather side of the steamer, it being impracti

"The Excelsior's cargo had not been reached
by the water, being stored about amidships,
which was higher than the stern. Captain
Stoddard at once had an interview with Cap-
tain Baldwin, in the presence of the purser of
The Excelsior. Captain Baldwin asked what
it was going to cost to get the ship off and de-cable to shift her position to the lee side in such
liver her at the railroad. Stoddard replied: 'I a breeze and with such a sea on; and, while
do not know;' to which Baldwin replied: "This lying thus, she afforded considerable protection
is not a salvage service;' to which Stoddard re- to The Excelsior, acting as a breakwater to her,
plied: Call it what you please, so I get my pay;' and incurred considerable risk herself. This
to which Captain Baldwin replied: It is no wind, which produced quite a rough sea, lasted
salvage service;' and they both agreed to sub-from between 7 and 8 o'clock on the evening of
mit to arbitration the amount to be received for December 5, until about one o'clock on the fol-
the service by the Baker Salvage Company, in lowing morning, during which time a portion
case the two Companies could not agree upon a of the crew of The Resolute had to be con-
stantly at work putting in new fenders between
the steamers as others would be crushed by the
chating, and keeping them in position; to do
which it was necessary to go between the two
steamers upon their guards, with no little dan-
ger to life or limb. Steam was also kept up on
The Resolute all night, for immediate use in
case of emergency.

sum.

"At this point, viz., about seven o'clock on the morning of the 5th, Captain Stoddard began the direct operations upon The Excelsior and her cargo, for their relief. He brought The Scud alongside The Excelsior, for the purpose of removing the steamer's cargo to Old Point wharf, and, placing the diving apparatus aboard The Excelsior, set the diver to work to ascertain minutely the exact extent of the wound that had been sustained by the steamer in the collision; and, while this was going on, he returned to Old Point wharf in The Resolute, and brought off the laborers above mentioned, who had been employed to assist in the removal of cargo, and lumber to be used by the diver in battening up the hole.

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"Soon after daylight on the morning of the
6th work was resumed; the diver and gang bat-
tening up the hole, the crew of The Resolute,
under the superintendence of Captain Stoddard,
getting ready the stationary pump on board The
Resolute, and completing the work of setting
up the portable pump on board The Excelsior
that had been begun the previous evening. The
latter was completed about nine A. M., of this
"The work of removing the cargo to Old day, the 6th, as aforesaid, and was set to work to
Point wharf was continued throughout the day, lower the water in the hold of the steamer, and
until, after three trips of The Scud, in tow of thus assist the diver in his work of covering the
The Resolute, it was successful between 4 and planking with canvas, by drawing the canvas
5 o'clock of the afternoon of the 5th of Decem-in. The stationary pump was ready by 12 M.;
ber, without loss, the work being done under
the management and at the risk of the Baker
Salvage Company, the second officer of The
Excelsior supervising the same, hurrying up
the laborers, keeping their time, and seeing that
nothing was stolen.

and, the diver completing his work of batten-
ing soon after that, both pumps were set to
work at their full capacity, so that, at or near
2:30 P. M., the hull of The Excelsior had been so
far freed from water, that the tug Olive Baker,
that had been previously engaged to assist in
the work, and had a line attached, hauled the
steamer afloat. Captain Stoddard at once
started to Norfolk with The Excelsior, having
her in tow of the steam tugs Olive Baker and
Olive Branch, and the wrecking steamer Vic-
toria J. Peed; while The Resolute kept along-
side, pumping every twenty minutes, to keep
the hull free from water. Great care was ex-

The diver, who began his operations about
seven A. M. of the 5th of December, as afore-
Said, worked steadily until the night of that
day, battening up the hole with plank and cov-
ering the same with canvas. Resuming his
work at an early hour the next morning, he
completed it by one P. M. of the same day, the
6th.
"On the afternoon of the 5th, after the re-ercised in towing the steamer across Hampton

[44]

[45

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