The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-12-31
THE CUBAN VESSEL MARY LOWELL.

AN INTERNATIONAL CASE BETWEEN SPAIN AND
THE UNITED srATEs-DEoIsIoN OF THE
MIXED COMMISSION
The Spanish-American Commission under the
Convention of 1871. it will be remembered. well
nigh came to a standstil some months ago by the
action OF the Spanish arbitrator the Marquis de Po
testad Fornari. who declined to submit any further
to the umpire account Of his dissatisfaction
with the umpire's decision in the Dominique case.
This resolution seems. however. to have been re
called for the umpire is again at work and has just
rendered the decision printed below in the interest
ing case of the Mary Lowell.
This vessel. it claimed. captured by the
Spanish forces In entire disregard of the protection
which the American flag and duly authenticated
American papers should have afforded her. The
claims Of the owners Of the vessel and cargo were
submitted to the commission. aud the American
and Spanish arbitrators not agreeing. the was
sent to Baron Blanc. the umpire. who dismissed the
claims the ground that the vessel engaged in
unlawful enterprise at the time Of her capture.
that this sufficient to defeat any individual
claim for indemnity on the part Of her owners
assuming that in her capture Spain violated the
privileges of the national flag. A rehearing was
asked for and upon that application the umpire has
filed an opinion reafirming the dismissal of the
claims and explaining at length what might at first
seem an anomalous position:-
The cases of G. II. Campbell Spain and A. A. Arrange
VS.. Spain again come before tho American and Spanish
that the motion Is not the umpirs through
;s dS, 10 he the So matter
after his decision is made and filed While there
his DECISION his fsnoson enas eersany be-
hS s 'as na o
evidence and reasons are offered by the moving owing
&c rendered hi. decision Tho umpire very carefully
the brief for rsSsarng eS in the acts Of tho commits
sion It may DO due to tho parties however that he
he has heretofore done in order that misappre
henson as to the rea OF his decision may exist
As matter of fact It has been established that the
~spo Admittedly for dsSay even mary ies"
in regard 20 tho Mary Doubtful
proofs tina. ostensble destination for Vera Cruz
She abandoned the Bahamas by her captain and
descent upon the Cuban coast that she was sasreupon
left by her proprietor under the OF one of the
which had from willie with c. H: Campbell on
shs sn that he Mary Lowell placed
custody Of British oaeia is neon.istent WIN .ho
aforesaid manifestly engaged in the nitia
CUBAN IN aid Of the and that Seors
the Of the MIy LSTs ~ bs the s
the control Of the may be the weight
ants the Insurgents had ownership
Of the As matter Of t Ss hs umpire Il of SDnHn
pendenty Of the of the itself tho
the negsence Of their Respective owners
and placed thu, ssS eh ct %
such character carry with Il forfeiture pro-
of the United States flag. and to subject the
tho United States and by Spain according the
mutual rights and duties of two governmcnts that
such abnormal situation of tho OF the ship and
Span and indeed toward tho United states
could not be covered BY the alleged nfracton
of international involved in the subsequent capture
Mary Lowell and BY the Spanish forcee and
not liberty Disregard he is bound decide that
the of the ship and such, esoppcd in
CLAIM to indemnity for the of
their unlawful venture.
IL is then irrelevant the circumstances this
how far II Mt ALL tho acts Of the Spanish
forces in unauthorized by inter-
the United States against Spain behalf the
sovereignty of their flag II Is accordingly
of tho rights of the claim
before this commission to ascertain the facts
United States depends namely the Mary Lowell
set herself right to the allegation Of Spain that she
the moment OF the capture without captain and
without tho to justify her flag that she
pursuing unjustihed course. &c.
The umpire DO understood applying tho rule Of
estoppel only against the private claims Of O. H. Camp
their individual account in which private claims the
questonWas the capture of the Mary Lowell and
unlawful Is subordinate to the other question: VIZ: Wero
Mary Lowell and engaged in lawful enterprise?
umpire be legitmatey called this
u of the United States against Spain having for
direct object suitable reparaton for the ouaded Dig
would stute the principal question consd
ercd situation of the of the property
va Spain has could in she opinion Of umpire
properly Do ted this tribunal.
The therefore, finds nothing justify
his decision While leaving entirely untouched the
and Its such rights the United
and Spain respectively In the
he adhere to the dismissal Of these claims-C IL.
Campbell ana A Arrange w. Spain-and deny the appli-
catOns for o rehenring