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 9 TO EXHIBIT B (O'Donnell Reply Declaration)

518 [. . .]

Vol. 6 Title VI

SEVENTH TITLE
Of the voyages to the Indies, and specifics about the governance and economy in them.

Art. 1
Mindful of the importance that knowledge about the coasts and ports of my vast domains in the West and East Indies, and of their seas, be spread among the Officers of the Navy,

Voyages to the Indies

519

the Captain Generals of the Departments shall take care to order the scale for such destinations without reference to the Campaigns of Europe, so that all are achieved with just alternative: being my will, that all who serve in other employments or in Marine exercises shall equally have [the scale], such as the Accountants, Priests, Surgeons, Pilots, Countermaisters and Guardians, Carpinters, Caulkers and any other Sea Officer: for which all classes shall be the scale from ancient to modern, without being altered by any secondary Leader without special knowledge of the General Commander or Quartermaster who approves it, due to sickness or other exception of the individual to whom the destination corresponds. [. . . ]

Voyages to the Indies

525

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17
If merchandise were to be embarked due to the kind of Expedition, the timing shall be notified by the General Commander to the General Sub-delegate of the Royal Treasury, and its remission and receipt shall proceed with the formalities explained for the supplies of weaponry and any other of transport.

18
The arming and transport cargo having been finalized, a general registry shall be conducted, this procedure being certified as has been said.

19
Upon conducting on board, not just merchandise or other effects for transport from the city, but also the supplies of the Shipyard and provisions or water, the Visitors or Corporals may place Guards in the vessels, as the orders they could have or as they deem opportune. [. . .]

Voyages to the Indies

529

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32
The Ministers of the Royal Treasury shall labor in the Indies with all the same interventions and power of protection that are prescribed, and in their authorization for the return to Europe with Register of specie ["caudales"], copper or other enjuques, or transport, or without it.

33
Upon departing the Indies to return to Europe,

530

Vol. 6 Title VII

soldiers pay and savings ["Caja de Soldadas"] of all the Officers' and other individuals' salaries shall be formed, received in those domains, of which amount the Royal Officer or other Intervening Minister of the Payments shall issue certification, with a named account of the quantity that belongs to each individual: and presented by the Accountant to the Offices of the Royal Treasury, it shall be established by item in the Register with every exemption of fees, both of exit of those dominions and of import in these. [. . .]

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531

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37
So that the specie ["alhajas"] of coined gold or silver that the Commanders and Officers would have taken from the ports of Spain to service wages and for their own use be free of import fees in Europe, they shall make its extraction evident by way of the guides of the corresponding Offices in the ports of departure: and the rest that they might have acquired in the Indies, are to pay the respective fees, with the specific circumstance that they have been presented on time and come registered, since otherwise they shall infallibly be handed over by way of confiscation.

38
Upon returning to Europe nobody shall exit the vessel until the practice is determined by the General Sub-delegate of the Royal Treasury, that the registry [for contraband] shall be verified after the unloading of the specie ["caudales"], notifying the Captain General of the Department in the Capitals, or the Captain of the Squadron or Vessel in other ports, via official notice. [. . .]

532
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Vol. 6 Title VII

41
Account of the Passengers that the vessel transports shall be provided by the Commander of the vessel to the Judge of Arrivals ["Juez de Arribadas"], and [they] shall await his notices to disembark after the registry, or retention, or transfer to other destinies from which they came in an item of the Register. [. . .]

534
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Vol. 6 Title VII

47
It is prohibited to every General and Particular Officer, Minister and other individuals employed in my vessels, to carry out any commerce in them, either en route to the Indies, or upon their return trips to Europe, not only directly, but even indirectly through a third person, on penalty of losing what is thus found, and of the suspension of his employment, and of whatever results from the substantiation of the cause for his circumstances, as would be appropriate. [. . .]

Voyages to the Indies

539

61
No individual, of whatever condition, shall be transported in the vessels of war that travel from Europe to the Indies, without my order.

62
When I were to agree to provide this grace to a Viceroy or other General Officer, or to any Bishop, I shall order what should be done about his lodging and number of family. [. . .]

64
Upon the return of the same vessels of war from the Indies to Europe no transport likewise shall be given to any individual without permission of the Viceroys or Governors, whom shall not grant it but to those employed in my service, in agreement with the Commander of the Squadron or vessel in the number so that there be capacity, in conformity with the disciplinary principles of these Ordinances: and both about their maintenance and lodging, as about their cargo and cabin, what is prescribed in the preceeding

540

Vol. 6 Title VII

article shall be observed. [. . .]

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Vol. 6 Title VII

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93
Although the Squadrons and loose vessels of war that were to be sent to the Indies, are decisively made subject to the orders of the Viceroys, to be employed in guarding their coasts or other operations, their authority shall not extend to [the Squadron's or vessel's] internal government, nor to provide in a proprietary or interim manner the commands

Voyages to the Indies

553

that became vacant, nor the employs or commissions related to the Navy's peculiar economy and preparations, which matters shall always be private of the[ Squadrons' or the vessels'] natural Commanders of any rank.

94
The Commanders of these Squadrons or vessels shall obey the orders of the Viceroys in everything having to do with the destinations to which they are to be employed, without the[ Viceroys] having the authority to dispatch a vessel with any other purpose outside of the port in which they make their ordinary residence, without [the Commander's] order or consent, nor to vary without specific and urgent motive the instructions they had received of them for the Expeditions to which they were destined: since if they found any issue or inconvenience in the execution according to their knowledge, they shall be communicated promptly to achieve the best answer in every operation.

95
So that the orders and dispositions of the Viceroys for Expeditions and destinations o Squadrons and vessels placed under their orders, do not contravene the specific instructions issued to th[e Squadrons' and vessels'] Commanders, copies of these instructions shall be remitted to [the Viceroys]: and if it seemed convenient to my service to alter them due to an unforeseen circumstance, the Viceroys shall be able to so determine with the opinion of the Commander of the Navy, remaining responsible of the reasons for which they take such a deliberation. [. . .]

Spanish Original