"MESSRS. UHDE."

London, January 15th, 1855. THE umpire reports that Messrs. Uhde & Co. were merchants of Matamoras, where they had resided from the year 1842, carrying on trade there, having a house of business and a home in that city, they continued to reside there after the declaration of war by The United States against Mexico in 1846 and until 1851; according to the interpretation of the law of nations by the highest Courts in Great Britain, it is a point settled "beyond controversy, that, where a neutral, after the commencement of hostilities continues to reside in the enemy's country for the purposes of trade, he is considered as adhering to the enemy, and as disqualified from claiming as a neutral altogether." (See Dr. Lushington's judgment in the case of the "Aina," reported in the "Jurist" of July last.) However good the claim of Messrs. Uhde & Co., as conquered Mexicans, against The United States, by the interpretation of the law of nations, as given by the decisions of the courts of Great Britain, the claim ought to be excluded from this Commission. As, however, the Government of The United States appear to have entertained the claim in the correspondence between the Diplomatic Agents of the two countries, and it seems desirable for all parties that the claim should be settled without further delay, I shall proceed to examine and decide the case on its merits, as if rightly before the Commission. The case is as follows: On war being declared by The United States against Mexico in 1846, the ports of Mexico were declared in a state of blockade, but several ports (amongst them the port of Matamoras on the Rio Grande), having fallen into the possession of The United States' forces, the Government on the 30th June of that year, issued a circular, addressed to the collectors and other officers of the customs in The United States in regard to Matamoras to the following effect, viz. :

"In case of application of vessels for clearances for the port of Matamoras, you will issue them under the following circumstances.

"1st.-To American vessels only.

"2nd. To such vessels carrying only articles of the growth, produce, or manufacture of The United States, or of imports from foreign countries to our own, upon which duties have been fully paid. Upon all such goods, whether of our own or of foreign countries, no duties will be chargeable at Matamoras, so long as it is in the possession of The United States' forces. Foreign imports, which may be re-exported in our vessels to Matamoras, will not be entitled to any drawback of duty; for if this were permitted they would be carried from that port to The United States, and thus avoid payment of all duties."

Of this circular, which was published in the newspapers at the time, Messrs. Uhde & Co. must have been aware. They, however, sent to New Orleans, and chartered the American schooner "Star" for a voyage to Havanna, to load a cargo of merchandize for Matamoras, if open; if not open, to New Orleans, to discharge. The circular indicates that no foreign goods could be shipped from The United States to that port, until the duties had been fully paid. Messrs. Uhde & Co. could not, therefore, when chartering the "Star," have supposed that a cargo of foreign goods from a foreign port could enter without paying duty, when foreign goods from The United States were chargeable with full duty in The United States, in order to their admission free at Matamoras. It is stated that it was known at Havanna when the "Star" sailed, that the port of Matamoras was blockaded; it is very extraordinary that a vessel should proceed to a port known to be blockaded, to inquire whether it is so or not. The "Star" arrived at Brazos the 6th November, 1846, (Brazos is on the Texian bank of the Rio Grande) where the Captain went on shore to inquire if he might enter, and Mr. G. S. Cook, who was, or assumed to be, Deputy Collector, informed him that he might, and charged him $7.50 for fees of entering his vessel. Captain Merrill, of the "Star," exhi

bited his manifest, &c., and received a permit to discharge his cargo in the following words:

"The master of the schooner "Star," from Havanna, is authorized to discharge her cargo at Barita, or at Mata

moras.

66

Signed,

G. S. Cook, Deputy Collector.

"Brazos, St. Iago, 7 Nov. 1846."

The schooner was then brought into the river, and the goods were landed in open day by Messrs. Uhde & Co., and placed in their own warehouses, and were two days afterwards seized by the military Commander of the place, on the charge of being fraudulently introduced. The whole defence of Messrs. Uhde, for their landing the goods, rests on the value and force they attach to the permitgiven to Captain Merrill, to discharge his cargo. It is very well known to every one conversant with foreign trade, that it is the duty of every ship-master, on arrival at a foreign port, to proceed to the custom-house, enter his vessel, and pay light and port dues; until he has done so, he is not allowed to commence discharging his cargo. But this is very different from a consignee's permit to land the goods, which are entered and bonded, or the duties paid by the consignees, when a permit is granted to land the same. The seizure was therefore justifiable, as no inquiry was made by Messrs. Uhde & Co. if any duties were payable. After the seizure, it is stated that the claimants offered to pay the duties of the American tariff, which was to go into operation on the 1st December next. This was refused by Col. Clark, the commanding military officer, who seemed determined to wait orders from a higher quarter. The claimants then made application to the British Minister at Washington, who applied to the then Secretary of State, the Hon. James Buchanan; the case was referred to the Secretary of the Treasury, the Hon. R. J. Walker, who examined the master of the "Star," brought to Washington by the claimants and other evidence, and a final decision was come to, that the seizure was sustained; but an order was

made, directed to the Collector of the Customs, at Galveston, that the claimants might have their goods on payment of duty according to the tariff of 1842, and charges and expense of warehouse rent, and interest on the duties from the date of the seizure until paid. From some cause the settlemen was never carried into effect. The claimants allege that no person ever came to Matamoras as directed by the Secretary of the Treasury, and that the goods were taken to Galveston, condemned and sold in a damaged state for about $8,800.

My belief is, that had the arrangement, made by the Secretary of The United States' Treasury, been carried into effect, the result would have been that the claimants would have realized near the cost value of their goods. I therefore award to Messrs. Charles Uhde & Co., or their legal representatives, in full of said claim, the sum of twentyfive thousand dollars, this 15th January, 1855.

JOSHUA BATES, Umpire.

"PALLAS."

London, 15th January, 1855.

THE umpire reports that it is stated the "Pallas" was chased by a revenue cruizer from off Chittican Bay on the 4th August, 1840, for forty or fifty miles, captured, and sent to Sidney, detained six weeks, and when released, it was found that some of the rigging had been taken away, the cable damaged, and stores missing; part of the crew had left, and the voyage was broken up. There being no evidence of these facts, beyond the depositions of the President and Directors of the Insurance Company at Rockport (Maine), I reject the claim for want of evidence.

JOSHUA BATES, Umpire.