172 ORAL ARGUMENT OF JAMES C. CARTER, ESQ. 



needed, siicli remedies as may be suitable to prevent any destruction 

 of it. Let me call to mind in liow many ways our municipal law exerts 

 its efltbrts in that direction. We impose public taxes for the purpose of 

 sustaining bodies of men to make scientific inquiry by which agriculture 

 maybe encouraged, and the production of the earth increased; and 

 this shows the effort that society makes not only to prevent the destruc- 

 tion of property, but to increase it. We re-stock the rivers; we attempt 

 even to re-stock the seas, and expend a great deal of money in those 

 attempts. These are efforts going further than the effort to preserve 

 property. They are efforts to increase it. They are efforts, indeed, to 

 preserve the sources of blessings whicli are in tlie course of extinction. 

 And see how the use of private property is interfered with. Here is an 

 individual; he may be an idiot, a lunatic, a drunkard or a spendthrift, 

 having a large proi)erty. Does society permit that man to deal with 

 his property as he likes? No. He is likely to abuse it; he is likely to 

 destroy it. He will not manage it well. It is taken out of his control 

 and put into the hands of a trustee. Is it to benefit him particularly? 

 Is it out of tenderness to the feelings or the convenience of a worthless 

 wretch like him! No; it is for the preservation of society. It is for 

 the preservation of that property for the use of society generally. This 

 individual might himself have no heirs at all, and the state might be 

 the next person who would come in and take possession of it at his 

 death. Would that alter the action of society in reference to it? No; 

 it would take the control of it out of his hands just as quickly. 



Take a familiar doctrine in the law of admiralty. Here is a vessel at 

 sea. She meets with disaster. She has been dismasted, and is lying 

 helpless upon the bosom of the sea. Another vessel comes there in 

 perfect condition, well rigged, and able to take her into some port in 

 safety. This vessel newly arriving offers the captain on board of this 

 stricken vessel to take him into port for a reasonable salvage. He 

 says, "No, I will find my own way in there. I think I can get there". 

 "Well", the salvor says, "I don't think you can get there; you haven't 

 the means". "No matter whether I have or not", he answers; "lam 

 the owner of this vessel" — and it may be that he is the owner of it — 

 " I am not only the owner of the vessel, but I am the owner of the 

 cargo. The whole thing may be lost, but that is no concern of yours. 

 If it be lost, I shall be the only loser." Now, suppose it to be clear that 

 that man has not the ability to take his vessel into port, has the salvor, 

 the person who comes there any right? Yes; he can take that vessel 

 out of the possession of the master. 



Lord Hannen. I should like to have an authority for that. 



Mr. Carter. I do not know that I can give any; but I think those 

 are the principles of the law of admiralty. 



Lord Hannen. I think I should like to see an authority for it — that 

 a man can insist upon saving a vessel against the wishes of the owner. 



Mr. Carter. I tliink it is true. I will make some effort to discover 

 an authority of that kind. If I am unable to discover it, I will withdraw, 

 certainly, any assertion to the effect that it is the law, but not the asser- 

 tion that it ought to be the law, until I can find some authority against 

 it. It is not the first time that I have heard the proposition stated, how- 

 ever. I have hoard it stated by professional brethren. 



What I have said goes to show that the right of property, whether of 

 nations or of individuals, is not absolute under the law of nature, but 

 is subject to limitations — limitations of a twofold character; one that it 

 is held subject to a trust for the benefit of mankind; another that the 

 use only is given, and not the absolute thing itself. If the absolute thing 



