BATES, Umpire:

The umpire appointed agreeably to the provisions of the convention entered into between Great Britain and the United States, on the 8th of February, 1853, for the adjustment of claims by a mixed commission, having been duly notified by the commissioners under the said convention, that they had been unable to agree upon the decision to be given with reference to the claim of H. N. Templeman against the government of Great Britain; and having carefully examined and considered the papers and evidence produced on the hearing of the said claim; and having conferred with the said commissioners thereon, hereby reports that the schooner "Hermosa," Chattin, master, bound from Richmond, in Virginia, to New Orleans, having thirty-eight 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 thirty-eight 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 harbor, 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 vessels 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.

THE CREOLE.

The Creole sailed from Hampton Roads, in Virginia, for New Orleans, with slaves on board. The slaves on the passage rose on the officers and crew, severely wounded the captain, the chief mate, and two of the crew, and murdered one of the passengers.

The mate was then compelled to navigate the vessel to the Bahamas. On her arrival she was taken possession of by the American consul, authority was restored, and measures were taken to send the vessel to the United States, in order that those slaves charged with mutiny and murder on the high seas might be tried. The British authorities interfered and liberated the slaves.

Held that the circumstances under which the Creole was compelled to enter harbor entitled her to protection, and that the interference, by British authorities, to liberate the slaves in such case, or to prevent their being remanded to the United States for trial, was in violation of the rights of citizens of the United States as a friendly power, and of the law of nations.

This case was submitted to the umpire under the circumstances named in the preceding case of "the Hermosa," to which reference is made.

The facts in the case are briefly set forth above, and are also stated at length in the opinion of the umpire, so that further statement of them is unnecessary.

THOMAS, agent and counsel for the United States.

HANNEN, agent and counsel for Great Britain.

Ex. Doc. 103-16

BATES, Umpire:

This case having been submitted to the umpire for his decision, he hereby reports that the claim has grown out of the following circum

stances:

The American brig Creole, Captain Ensor, sailed from Hampton Roads, in the State of Virginia, on the 27th October, 1841, having on board one hundred and thirty-five slaves, bound for New Orleans. On the 7th November, at nine o'clock in the evening, a portion of the slaves rose against the officers, crew, and passengers, wounding severely the captain, the chief mate, and two of the crew, and murdering one of the passengers; the mutineers, having got complete possession of the vessel, ordered the mate, under threat of instant death should he disobey or deceive them, to steer for Nassau, in the island of New Providence, where the brig arrived on the 9th November, 1841.

The American consul was apprised of the situation of the vessel, and requested the governor to take measures to prevent the escape of the slaves, and to have the murderers secured. The consul received reply from the governor, stating that under the circumstances he would comply with the request.

The consul went on board the brig, placed the mate in command in place of the disabled master, and found the slaves all quiet.

About noon twenty African soldiers, with an African sergeant and corporal, commanded by a white officer, came on board. The officer was introduced by the consul to the mate as commanding officer of the vessel.

The consul, on returning to the shore, was summoned to attend the governor and council, who were in session, who informed the consul that they had come to the following decision:

"1st. That the courts of law have no jurisdiction over the alleged offences.

"2d. That, as an information had been lodged before the governor, charging that the crime of murder had been committed on board said vessel while on the high seas, it was expedient that the parties, implicated in so grave a charge, should not be allowed to go at large, and that an investigation ought therefore to be made into the charges, and examinations taken on oath; when, if it should appear that the

original information was correct, and that a murder had actually been committed, that all the parties implicated in such crime, or other acts of violence, should be detained here until reference could be made to the Secretary of State to ascertain whether the parties should be delivered over to the United States government; if not, how otherwise to dispose of them.

"3d. That as soon as such examinations should be taken, all persons on board the Creole, not implicated in any of the offences alleged to have been committed on board that vessel, must be released from further restraint."

Then two magistrates were sent on board. The American consul went also. The examination was commenced on Tuesday, the 9th, and was continued on Wednesday, the 10th, and then postponed until Friday, on account of the illness of Captain Ensor. On Friday morning it was abruptly, and without any explanation, terminated.

On the same day, a large number of boats assembled near the Creole, filled with colored persons armed with bludgeons. They were under the immediate command of the pilot who took the vessel into the port, who was an officer of the government, and a colored man. A sloop or larger launch was also towed from the shore and anchored near the brig. The sloop was filled with men armed with clubs, and clubs were passed from her to the persons in the boats. A vast concourse of people were collected on shore opposite the brig.

During the whole time the officers of the government were on board they encouraged the insubordination of the slaves.

The Americans in port determined to unite and furnish the necessary aid to forward the vessel and negroes to New Orleans. The consul and the officers and crews of two other American vessels had, in fact, united with the officers, men, and passengers of the Creole to effect this. They were to conduct her first to Indian quay, Florida, where there was a vessel of war of the United States.

On Friday morning, the consul was informed that attempts would be made to liberate the slaves by force, and from the mate he received information of the threatening state of things. The result was, the attorney general and other officers went on board the Creole. The slaves, identified as on board the vessel concerned in the mutiny, were sent on shore, and the residue of the slaves were called on deck by direction of the attorney general, who addressed them in the following