Chapters (20)
- And for all the men who wear dolphins
- THE FIRST DAY
- THE SECOND DAY
- THE THIRD DAY
- MONDAY 6, DECEMBER
- TUESDAY 7, DECEMBER
- WEDNESDAY 8, DECEMBER
- THE SEVENTH DAY
- THE EIGHTH DAY
- THE NINTH DAY
- THE TENTH DAY
- MONDAY 13, DECEMBER
- THE TWELFTH DAY
- WEDNESDAY 15, DECEMBER
- THE FOURTEENTH DAY
- THE FIFTEENTH DAY
- THE SIXTEENTH DAY
- THE SEVENTEENTH DAY
- THE EIGHTEENTH DAY
- Acknowledgements
The president was also struggling to control himself. It was not often that he saw Alex flustered. This was a clever opponent, not easily caught off balance. Laughing would spoil it.
The memorandum from the attorney general had arrived only that morning. It read:
Mr. President,
Pursuant to your request, I have asked the chief of our admiralty law department to review the question of international law regarding the ownership of sunken or derelict vessels, and the law of salvage pertaining to such vessels. There is a good deal of case law on the subject. One simple example is Dalmas v Stathos (84FSuff. 828, 1949 A.M.C. 770 [S.D.N.Y. 1949]):
No problem of foreign law is here involved, for it is well settled that "salvage is a question arising out of the jus gentium and does not ordinarily depend on the municipal law of particular countries."
The international basis for this is the Salvage Convention of 1910 (Brussels), which codified the transnational nature of admiralty and salvage law. This was ratified by the United States in the Salvage Act of 1912, 37 Stat. 242, (1912), 46 U.S.C.A. §§ 727-731; and also in 37 Stat. 1658 (1913).
"International law will be observed, Alex," the president promised. "In all particulars." And whatever we get, he thought, will be taken to the nearest port, Norfolk, where it will be turned over to the receiver of wrecks, an overworked federal official. If the Soviets want anything back, they can bring action in admiralty court, which means the federal district court sitting in Norfolk, where, if the suit were successful—after the value of the salvaged property was determined, and after the U.S. Navy was paid a proper fee for its salvage effort, also determined by the court—the wreck would be returned to its rightful owners. Of course, the federal district court in question had, at last check, an eleven-month backlog of cases.
Arbatov would cable Moscow on this. For what good it would do. He was certain the president would take perverse pleasure in manipulating the grotesque American legal system to his own advantage, all the time pointing out that, as president, he was constitutionally unable to interfere with the working of the courts.
Pelt looked at his watch. It was about time for the next surprise. He had to admire the president. For a man with only limited knowledge of international affairs only a few years earlier, he'd learned fast. This outwardly simple, quiet-talking man was at his best in face to face situations, and after a lifetime's experience as a prosecutor, he still loved to play the game of negotiation and tactical exchange. He seemed able to manipulate people with frighteningly casual skill. The phone rang and Pelt got it, right on cue.
"This is Dr. Pelt speaking. Yes, Admiral—where? When? Just one? I see . . . Norfolk? Thank you, Admiral, that is very good news. I will inform the president immediately. Please keep us advised." Pelt turned around. "We got one, alive, by God!"