CO129-168 - Sir Kennedy - 1874 [9-12] — Page 462

months additional pay, as damage for an alleged wrongful dismissal or in other words illegal discharge - That the plea of defense to this was

as

follows:- 1st, The man Ellis late

Steward of the American ships,

Lathley Rich was

Rich was discharged

discharged at Hongkong by the Consul of the

United States, in accordance with law - 2nd That the Consul having discharged the man Ellis in accordance with law and given him his certificate of discharge under his signature and the Consular steal of the United States it was not - competent for the Court to review the

having no Jurisdiction

case,

457

Against all precedent the Court entertained the case, thereby constituting

itself a Court of appeal from the decisions of the United States Consul, at this port in matters concerning the discharge of American seamen from American vessels, rendering nugatory all instructions of my Government or laws of the United States, made and provided for quidance of its Consuls at a foreign port in matters relating to the discharge of American Seamen from American vessels, and the manner of their discharge.

the

The Statements of his Lordship in the judgment rendered busin