VI. That the sole grounds for the condemnation were that a part of the cargo was English merchandise, and that the role d'equipage was deficient.

VII. That the cargo contained nothing contraband of war, under the treaty of February 6, 1778, and nothing English.

VIII. That the cargo owned by Payson & Holbrook was worth $5,959, and the insurance paid thereon being $4,500, they lost on the cargo $1,459; that the schooner was worth $3,243, and the insurance paid thereon being $1,500, the loss thereon was $1,743; that the freight was reasonably worth $2,500; that the insurance premium paid was $600, making $6,302.

IX. That the said under writers named in finding No. III paid the said several sums for which they underwrote, amounting to $6,000, and Tuthill Hubbart also paid the amount for which he underwrote, as found in finding No. IV, and thereupon the insured abandoned to the underwriters in writing to the extent of the insurance.

X. Crowell Hatch, Tuthill Hubbart, William Smith, Jeffrey & Russell, Benjamin Homer, Thomas English, David Greene, Daniel Denison Rogers, all citizens of the United States, were insurers for the following sums, to wit: Said Hatch, Hubbart, Smith, and Jeffrey & Russell, each in the sum of $1,000, said Homer, English, Greene, and Rogers, each in the sum of $500, through Peter Chardon Brooks, also a citizen of the United States and an insurance broker, which said sums were paid to the said Payson & Holbrook before January 25, 1800, as and for a total loss of said schooner and cargo.

XI. Tuthill Hubbart, a citizen of the United States, was an insurer in the sum of $500, through Peter Chardon Brooks, a citizen of the United States and an insurance broker, which said sum was paid to Stephen Curtis before January 25, 1800, as and for a total loss of his adventure on board of said schooner.

XII. Henry W. Blagge and Susan B. Samuels are the duly appointed administrators of Crowel! Hatch, deceased, and Charles F. Hunt is the administrator cum testamento annexo, of Joseph Russell, deceased, surviving partner of Jeffrey A. Russell; and Ebenezer Gay is the executor of the last will and testament of Ebenezer Gay, assignee in bankruptcy of Thomas English, deceased; and in their representative capacities they are the present owners of the claims of their respective decedents herein set forth.

XIII. That said Smith, on the 16th of December, 1801, in consideration of $4,000 and of the assumption of the liabilities of the said Smith as an underwriter in the office of Peter Chardon Brooks; and said Greene, on the 23d day of December, 1801, in consideration of $6,000 and the assumption of the liabilities of the said Green in the office of said Brooks as an underwriter; and said Rogers, on the 19th of October, 1804, in consideration of $3,400 and the assumption of the liabilities of the said Rogers as an underwriter in the office of the said Brooks; and the said Homer, on the 23d of July, 1805, in consideration of $5,000 and the assumption of the liabilities of the said Homer in the office of the said Brooks as an underwriter; and the said Hubbart, on the 4th of April, 1808, in consideration of $60,000 and of the assumption of the liabilities of the said Hubbart in the office of the said Brooks as an underwriter, assigned to the said Brooks all their respective underwriting accounts in his said office.

XIV. That said claims were not embraced in the convention between the United States and the Republic of France, concluded on the 30th of April, 1803; that they were not claims growing out of the acts of France

allowed and paid in whole or in part under the provisions of the treaty between the United States and Spain, concluded on the 22d day of February, 1819; and they were not allowed in whole or in part under the provisions of the treaty between the United States and France of the 4th of July, 1831.

CONCLUSIONS OF LAW.

The court finds as conclusions of law that said seizure and condemna. tion were illegal, and the owners and insurers had valid claims therefor upon the French Government prior to the ratification of the convention between the United States and the French Republic, concluded the 30th day of September, 1800, and were entitled to the following sums to wit:

Payson & Holbrook, owners of vessel and cargo, after deducting insurance, $6,302.

Benjamin Homer, Daniel Denison Rogers, and David Greene, represented by Charles Francis Adams, jr., administrator of Peter Chardon Brooks, each $500.

Crowell Hatch, represented by Henry W. Blagge and Susan B. Samuels, $1,000.

Jeffrey & Russell, represented by Charles F. Hunt, $1,000.
Thomas English, represented by Ebenezer Gay, $500.

Tuthill Hubbart and William Smith, represented by Charles Francis Adams, jr., administrator of Peter Chardon Brooks, $1,000 each.

Tuthill Hubbart, in case No. 252, represented by Charles Francis Adams, jr., administrator of Peter Chardon Brooks, $500, the same being the amounts of insurance paid by them respectively.

That said claims were relinquished to France by the Government of the United States by said treaty in part consideration of the relinquishment of certain national claims of France against the United States. The conclusions of law which in our judgment affect the liability of the United States therefor are set forth in the opinions of this court delivered May 17 and 24 and December 6, 1886.

COURT OF CLAIMS.

FRANCIS KING CAREY, administrator de bonis non estate of Samuel Hollingsworth, deceased,

v.

THE UNITED STATES.

No. 155.

FRENCH SPOLIATIONS; SCHOONER LITTLE PEGG, WILLIAM AULD,

MASTER.

FINDINGS OF FACT.

This case was heard before the Court of Claims May, 1886.

The claimant was represented by William E. Earle, esq., and John & David Stewart, esqrs., and the defendants by Hon. Benjamin Wilson, assistant attorney.

After hearing the parties, their proofs and arguments, the court from the evidence finds the facts to be as follows:

I.

In 1798, Thomas and Samuel Hollingsworth, of whom Samuel was the survivor, citizens of Baltimore and of the United States, were the owners of the schooner Little Pegg, a duly registered vessel of the United States.

II.

In the same year said vessel sailed upon a lawful voyage, from Baltimore, Md., to Kingston, Jamaica, under the command of William Auld, master, laden with a cargo of flour, crackers, peas, and shingles, all belonging to said owners. September 28, 1789, the vessel was captured by a French privateer, called Le Macanda, commanded by Lewis Duprat, and carried into Port au Paix. Said vessel and her cargo were subsequently condemned, to wit, October 3, 1799, as prize, at Cape Francois, by the French prize tribunal.

'I.

William Auld, the said master, was born in Scotland, but was naturalized as a citizen of the United States August 22, 1798, and had been a resident of Baltimore since January, 1795.

The condemnation of the vessel and cargo was made on the ground that the master was a native of Scotland, with which country France was at war.

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IV.

At the time of the capture said vessel was worth $2,000, the cargo $2,760.50, and the freight $1,200, making in all $5,960.50.

The claim has never been assigned. The claimant is the duly ap pointed administrator de bonis non of the estate of Samuel Hollingsworth, deceased, by the orphans' court of Baltimore.

V.

This claim was not embraced in the convention between the United States and the Republic of France concluded on the 13th day of April, 1803; that it was not a claim growing out of the acts of France, allowed and paid, in whole or in part, under the provisions of the treaty between the United States and Spain, concluded on the 22d day of February, 1819; and that it was not allowed, in whole or in part, under the provisions of the treaty between the United States and France, concluded on the 4th day of July, 1831.

CONCLUSION OF LAW.

The court finds as conclusion of law that Samuel Hollingsworth has a valid claim to indemnity upon the French Government prior to the ratification of the convention between the United States and the French Republic, concluded on the 30th day of September, 1800, and was entitled to the sum of $5,960.50, and that the claim was relinquished to France by the Government of the United States by said treaty in part consideration of the relinquishment of certain national claims of France against the United States.

The conclusions of law which in our judgment affect the liability of the United States therefor are set forth in the opinions of this court delivered the 17th and 24th of May and the 6th of December, 1886.

This case, involving a claim under the act of January 20, 1885, was heard before the Court of Claims in May, 1886.

The claimant was represented by William E. Earle, esq., and the defendants by Hon. Benjamin Wilson, assistant attorney.

After hearing the parties, their proofs and arguments, the court, from the evidence, finds the facts to be as follows:

I.

In 1797 Thomas Stewart, a citizen of Charleston, S. C., was the owner of the ship Theresa. The Theresa was duly registered as a vessel of the United States. In the same year, under the command of James Brown, the master, she sailed, in ballast, upon a lawful voyage from London to Nantes, where she was to take in a cargo of salt. She bore a letter from Mr. King, the United States minister to Great Britain, to P. F. Dobree, vice consul of the United States at Nantes.

Arriving at Nantes, she was seized by the French marine officers, and, on April 25, 1798, condemned by the tribunal of commerce, whereby she became lost to the owner.

II.

The Theresa was condemned "upon the plea of the want of a musterroll or rôle d'équipage."

The legality of condemnation for this cause, the liability of France to make restitution, and the transfer of such liability to the United States by the operation of the treaty of 1800, were considered by the court and ruled upon adversely to the defendants in the case of William Gray, administrator, v. The United States, No. 7 of these claims.

III.

The value of the Theresa was $6,350. The claim has never been assigned, nor is it embraced in the convention between the United States and the French Republic concluded on the 30th day of April, 1803;