Odyssey Marine Exploration, Inc. v. The Unidentified Shipwrecked Vessel

Filing 163

REPLY to response to motion re 131 MOTION to dismiss Amended Complaint or for summary judgment (Reply to Odyssey) filed by Kingdom of Spain. (Attachments: # 1 Exhibit A, # 2 Exhibit B-1, # 3 Exhibit B-2, # 4 Exhibit B-3, # 5 Exhibit B-4, # 6 Exhibit B-5, # 7 Exhibit B-6, # 8 Exhibit B-7, # 9 Exhibit C-1, # 10 Exhibit C-2, # 11 Exhibit C-3, # 12 Exhibit C-4, # 13 Exhibit C-5, # 14 Exhibit C-6, # 15 Exhibit D)(Goold, James)

ANNEX 7 TO EXHIBIT B (O'Donnell Reply Declaration)

[Title Page] General State of the

Royal Navy
Year of 1802

[Seal]

From Superior Order. Madrid at the Royal Press

[Page 2]
LIST That contains the Officers that form the General Corps of the Navy, expressing the Departments to which they correspond, year in which they had the last promotion, their employ of commission, big and small Crosses of Carlos III, those of the Military Ordinances, and their Assignments, those of S. John, and other insignias and distinctions with which they are awarded. GENERALISIMO OF THE ROYAL NAVY The Most Excellent Sir PRINCE OF PEACE [* * *]

Spanish Original

ANNEX 8 TO EXHIBIT B (O'Donnell Reply Declaration)

May 28, 1802 Abello, D. Luis Lieutenant of the maritime mails Was incorporated into the Navy with employment as ensign ["alférez de fragata"]

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[illegible]

March 28, 1803 Royal Navy

Deals with the payment that should be made for his voyage to Lima, of Ensign d. Luis de Abello.

[Seal]

[. . .] SEAL FOURT, YEAR EIGHTEEN HUNDRED AND

Most Excellent Sir Captain General of this Department Don Luis Abello, Ensign of the Royal Navy and former Lieutenant of the Maritime Mails, with due respect presents to Your Excellency that finding himself embarked on the Frigate of War named the Mercedes[,] its Commander the Captain ["Capitán de Navío"] Don Jose Goycoa[,] which is anchored in this Port and headed for Lima, has been carrying out the functions of his obligation since the beginnings of last month until yesterday, when having passed by the Treasury to receive [my] payments to undertake [my] voyage in this Ship, [I] received the unexpected news of the payments being made to [me] in billon reales ["reales de vellón"] fixed to the salary [I] disputed, and having countered to the Commissioner the reason why such an arrangement was made, he answered that it was the same as for other Colleagues who have been embarked on Mails [Ships]: and [myself] having the knowledge that this arrangement should not be found justified for being an extraordinary expedition and in particular to Lima, to Your Excellency [I] plead that you order, if you deem it appropriate, that [my] adjustments with respect to the salary enjoyed are made equal in whole to [those] of [my] Comrades of the mentioned Frigate. Favor that [I] expect of the notorious justification of Your Excellency. Ferrol and February 12, 1803 Most Excellent Sir Sir

Most Excellent Sir, The principal accounting office telling me the following as a result of the official notice of Your Excellency of the 12th of the current month. "Mr. Quartermaster - To the Ensign Don Luis Abello, embarked on the Frigate Mercedes, and who has been of the Mails officers incorporated into the Navy, the same as what he is entiteld to has been released; this is four payments of the salary in [reales de a vellón [?]] which he enjoyed in la Coruña, in accordance with the declaration of His Majesty of last August 31 which says: "The incorporation of the Maritime Mails to the Royal Navy being definitively ordered in the Regulation

less as salary due to not [so] that the individuals of those receiving it in silver[,] he will included in [the Maritime also gain much more in the Mails], should retain the same greater compensation that he is enjoyments that they received to enjoy in Peru. Which is what before this incorporation; His I have to express to Your Grace Majesty desires that[,] with about the matter." regard to the embarking salaries I send it to Your Excellency as of the officials about which that a response with the return of public accounting office the memorial of Ensign don consults in the paper that Your Luis Abello. Grace with your letter num. May God keep Your 140[,] what is ordered in said Excellency for many years: Regulation be observed". Ferrol, February 15, 1803 He has received the Excellent Sir accumulated compensation in By [illegible] of the Quartermaster silver in the very terms of the other officers of the Navy Vicente Ruiz de Apodaca because in this payment His Majesty has not excepted them from enjoying it equally, and although it is true that this Most Excellent Sir D. Felix de Tejada official receives somewhat

N. 263

Most Excellent Sir
The Captain General directs a request of the ensign -coming from Maritime Mails- don Luis Abello in request of equal enjoyment of his salaries as those of his rank en route to Lima and considers him worthy of this grace.

The Ensign, D. Luis Abello coming from the Maritime Mails and embarked on the frigate Mercedes destined for Lima has presented to me the attached request for His Majesty explaining that the four-month advance that he has received of his salary xxxxxxxxxxxx was paid to him in billon, with a view to what was resolved by Royal Order last August 31st, communicated to this Quartermaster of the Navy and that, the nature of this voyage being different from others in which the Maritime Mails xxxxxxxxxxxxxxxxxxxxxxxxxxxxx are used, he understands that he should enjoy xxxxxxxxxxxxxxxxxxxxxxxxx in this case the same increases in salary that the other living officers of the Navy enjoy, and myself finding this request well-founded given the different consideration with which this voyage and those of the Americas are viewed with respect to the others already mentioned [i.e., those of Maritime Mails] is clear, I direct [the request] to the hands of Your Excellency for the resolution that may be to the Royal liking: it seeming to me xxxxxxxxxxxxxxxxxxx nevertheless worthy to express to Your Excellency xxxxxxxxxxx that the fairest grace that one could do for the cited Abello and others who find themselves in the same situation would be to increase their salary ------------ in such a way as to allow them to enjoy it the same way that ---------- other officials of the Navy in their same rank do on these voyages. May God keep Your Excellency for many years. Ferrol and February 23, 1803

Most Excellent Sir D. Domingo de Grandallana

In light of the letter of Your Excellency number 263, and of the attached representation of the Ensign coming from the Martime Mails, Don Luis de Abello, about the payment of salaries in the voyage that he is making to Lima as crew on the frigate Mercedes, has declared without being [?] greater the enjoyments that he has a right [to enjoy] in this voyage than those he enjoys, due to [having] originated from the expressed Mails, such payments be considered for him, with equality to those of officers of the Navy of his rank who go in said ship; in conformity with the same that [illegible] the Regulation of April 6 of last year, on the incorporation of the Mails into the Navy. May God keep Your Excellency for many years: March 28, 1803. Domingo de Grandallana

Sir don Felix de Tejada

The King feeling sorry for the state of poverty in which Doña Juana Fernández finds herself with five under-aged children, as a result of having lost her husband Don Luis de Abello, Ensign, in the explosion of the Frigate Mercedes, has decided to concede to her two thousand reales a year as a pension for life, without harm to the [pension] that she is entiteld to from the military pension fund. Which I communicate to Your Grace on the order of His Majesty for your knowledge and that of the interested [woman], in response to her letter number 394. May God keep Your Excellency for many years: July 28, 1805. Sir Francisco Gil

Sir. D. Felix de Tejada
[. . .]

Spanish Original