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THE "HERMOSA."

London, 11th January, 1855.

THE umpire reports that the schooner "Hermosa," Chattin, Master, bound from Richmond, in Virginia, to New Orleans, having 38 slaves on board, belonging to H. N. Templeman, was wrecked on the 19th October, 1840, on the Spanish Key, Abaco.

Wreckers came alongside and took off the captain and crew, and the 38 slaves, and, contrary to the wishes of the master of the "Hermosa," who urged the captain of the wrecker to conduct the crew, passengers, and slaves to a port in The United States, they were taken to Nassau, New Providence, where Captain Chattin carefully abstained from causing or permitting said slaves to be landed or to be put in communication with any person on shore, while he proceeded to consult with the American Consul, and to make arrangements for procuring a vessel to take the crew and passengers, and the slaves to some port in The United States. While the vessel in which they were brought to Nassau was lying at a distance from the wharves in the harbour, certain magistrates, wearing uniform, who stated themselves to be officers of the British Government, and acting under the orders of the civil and military authorities of the island, supported by soldiery wearing the British uniform and carrying muskets and bayonets, took forcible possession of said vessel, and the slaves were transported in boats from said vessel to the shore, and thence, under guard of a file of soldiers, marched to the office of said magistrates, where after some judicial proceedings, they were set free, against the urgent remonstrances of the master of the "Hermosa" and of the American Consul.

In this case, there was no attempt to violate the municipal laws of the British Colonies, all that the master of the "Hermosa," required was that aid and assistance which was

due from one friendly nation to the citizens or subjects of another friendly nation engaged in a business lawful in their own country, and not contrary to the law of nations.

Making allowance, therefore, for a reasonable salvage to the wreckers, had a proper conduct on the part of the authorities at Nassau been observed, I award to the Louisiana State Marine and Fire Insurance Company, and the New Orleans Insurance Company (to which institutions this claim has been transferred by H. N. Templeman), or their legal representatives, the sum of sixteen thousand dollars on the fifteenth January, 1855, viz., eight thousand dollars to each Company.

JOSHUA BATES, Umpire.

MCCALMONT AND Co.

London, 26th December, 1854.

THE umpire reports that The United States' authorities made no charge for convoy, and took no risk; the mules, with their loading, were seized by Mexican soldiers or robbers, and The Government of The United States appears in no way responsible for the loss of the goods, and the return of the duties paid on the goods would, if allowed, be merely an act of liberality on the part of the Government, this Commission has no power to dispense such liberality, therefore no compensation can be awarded.

JOSHUA BATES, Umpire.

NOTE.-This case was not formally disagreed upon by the Commissioners. The umpire's opinion was only taken upon the point, whether or not, in cases like the present-namely, one of great hardship-the Commissioners were justified in awarding a return of the duties which had been levied and paid on the goods.

THE "LAWRENCE."

London, 4th January, 1855.

THE umpire reports, that the brig "Lawrence," York, Master, under American colours, and having an American register and papers, bound from Havana to Cabenda, in Africa, with a cargo of rum, &c., having sprung a leak, and put into Gallenas, on the coast of Africa, 10th September, 1848, being unable to stop the leak there, it was determined to proceed to Sierra Leone, where they could beach the vessel and repair her. She arrived at Freetown on the 22nd September, and on the 25th she was seized and libelled in the Vice-Admiralty Court for being found in a British port equipped for the Slave Trade, condemned, and the vessel and cargo decreed forfeited to the Crown. The cargo shipped at Havana on board the "Lawrence". consisted of

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Which by charter party were to be delivered at Cubenda, in Africa, for a freight of 3250 dollars. It is not denied that the papers were in order as an American vessel. The crew, excepting one man, were Spanish, and could not speak

English, nor could Captain York speak Spanish.

There were two supercargoes, one Spanish and one French, on board. Looking at the voyage as a trading operation, it appears simply absurd. The whole value of the cargo would not exceed 6007., on which 7007. freight was to be paid; but looking at the vessel as to be a slaver whenever the opportunity should offer so to employ her, the cargo and the fittings would appear well arranged for the business, and in conformity with the fittings of several vessels under the American flag that had been overhauled by cruisers, and suffered to pass on account of the flag, but were soon afterwards captured with slaves on board under Spanish or Portuguese colours.

The African Slave Trade at the time of this condemnation, being prohibited by all civilized nations, was contrary to the law of nations, and being prohibited by the laws of The United States, the owners of the "Lawrence" could not claim the protection of their own Government, and therefore, in my judgment, can have no claim before this Commission.

JOSHUA BATES, Umpire.

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