Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 6, 1886
No. 272.
Mr. Woodbury to Mr. Bayard.
Sir: Herewith please find the affidavits of Captain Kemp, of the American schooner Pearl Nelson; Henry Cook, her owner; William Babino, cook and steward; M. N. Gilford, cashier of bank, relative to [Page 523] the detention of that schooner at Arichat, and the exaction of a deposit of $200 by the authorities as the condition for her release. What statute she had violated, if any, those interested in her have been unable to discover. The only charge made was that a part of her crew had gone ashore in the night and returned in the morning.
The parties interested in her, believing that the exaction referred to was in violation of law, and of their rights as American citizens in calling at the port of a friendly nation, in stress of weather, respectfully desire the protection of the United States, and that the damages which have arisen to them by the illegal seizure, detention, and exaction may be reimbursed to them.
I have the honor, &c.,
- CHAS. LEVI WOODBURY.
- Pr. OWNER.
P. S.—The owners have transmitted duplicates of these affidavits to the consul at Halifax, for use before the Ottawa authorities, for remission.
Affidavit of Captain Kemp, of the schooner Pearl Nelson.
Pearl Nelson, U. S.
A.,
District of Massachusetts:
I, Murdock Kemp, of Provincetown, in Massachusetts, a citizen of the United States, on my oath do say: That I was master and part owner of the schooner Pearl Nelson, a vessel of the United States duly licensed ______, 1886, for the fisheries, and holding a permit to touch and trade during the existence of said license.
I further say that the crew of said vessel were shipped on wages at Provincetown and Boston for a fishing voyage to the Grand Banks, and return to Provincetown for discharge. Said schooner, with license and permit as aforesaid, sailed May 29, 1886, from Provincetown, and in her passage home touched at Arichat, Cape Breton, driven in there by stress of weather. Sailed by the wind from Bank Quero, and blowing fresh a heavy sea running and foggy, made Point Micbaux, 9 miles from Arichat. The vessel was deep; her dories floated on deck in her lee waist; wind being about west I concluded to make a harbor and wait for better weather and wind. I anchored the vessel in Arichat Harbor at 11 p.m., September 7, 1886. I had lost a man on the Grand Banks, named James Sampson, who belonged to Arichat, and I wanted to land his effects, if the customs officers would allow me to. Some of my crew belonged in that neighborhood. William Babino, my cook, and nine others of the crew took boats off the deck and went ashore without asking my permission. I saw them, but had never known that was any objection. I had been in this and other British North American ports frequently, and witnessed the landing from my own and other vessels’ crews, but never before heard such landing was illegal or improper. These men took nothing from the vessel with them nor carried away anything but the clothes they wore.
From the time I left Provincetown I had been into no port any where. Next morning, after my arrival in Arichat, at 8½ o’clock, I went ashore to enter at the custom-house, and found it closed. I called at 9 o’clock and it was not open. I went again at 1 o’clock, and found the collector opening the office door. I made the regular inward report to him, and requested permission to land the clothes of James Sampson, who had been lost from my vessel on the Grand Banks. He told me he had sent a man for me. After I got there this man came in. The officer was holding my papers and told the man to go back and take charge of the vessel. I asked him why he held my papers; he replied, he seized her because I had allowed my men to go ashore before reporting at the custom-house; that all he would tell me was, he said he would telegraph to Ottawa and find out what to do with me; and he did telegraph immediately. About 5 o’clock p.m. the collector received an answer, and told me to deposit $200 and the vessel would be released. The collector would not allow me to land this dead man’s clothes until after I had paid the $200 fine. I gave the clothes to the shop-keeper to be given to Sampson’s widow or friends. I came out of Arichat about 11 a.m. on the 8th of September, 1886, having bought there one bushel of potatoes with the collector’s permit and arrived at Provincetown September 14, 1886. I [Page 524] sailed from Arichat with, all my crew on hoard and had not at any time intended to leave any of my crew at that port. They were hired men shipped to be discharged on return at Provincetown, and on our arrival there were all paid off and discharged.
Some of the crew that went ashore at Arichat returned aboard as early as 7 o’clock, and all were aboard about the time the vessel was seized. I gave them no money there, and had none myself. I further say I did not enter Arichat with any intention of violating any law of the Dominion of Conada, nor for any business, but solely because of the stress of weather that had driven me there. It was mere kindness only that prompted me to offer to land Sampson’s clothes there where his friends could get them. There was no profit to the vessel, crew, or myself expected in so doing, or attempted to be gained in entering the port of Arichat, other than shelter from stress of weather we had been under from Quero Bank.
If any revenue law of Canada was violated by my vessel or by myself the same was done through ignorance and inadvertence, and not with any intention to defraud the revenue or offend the law.
Personally appeared before me Murdock Kemp, at Provincetown, State of Massachusetts, United States of America, this 27th day of September, 1886, who subscribed and made oath to the foregoing.
Notary Public.
Affidavit of Henry Cook, owner of the schooner Pearl Nelson.
Personally appeared before me, James Gifford, deputy collector of customs at the port of Provincetown, in the District of Barnstable and State of Massachusetts, this 25th day of September, 1886, Henry Cook, of said Provincetown, who, being by me duly sworn, deposes and says that he is a citizen of the United States of America, a resident of said Provincetown, and managing owner of the schooner Pearl Nelson, of Provincetown, of which Murdock Kemp was master during a fishing voyage to the Grand Banks of Newfoundland, and which terminated on the 14th day of this month by the arrival of said vessel at this port.
The affiant further deposes that [previous?] to the sailing of said vessel to the Grand Banks he gave explicit instructions to Captain Kemp, as he also did to five other masters of Bank fishing vessels, to not enter any Canadian port on said voyage, going to or coming from said fishing banks, unless compelled to enter by disaster to the vessel or by stress of weather; and hence the masters were not supplied with any funds for themselves or their crews, nor authorized to draw drafts on me for payment of crew’s wages, or for any purpose but for repairs in case of meeting with serious disaster.
He also deposes that the crew of said vessel Pearl Nelson consisted of fifteen men besides Captain Kemp; that five of them, viz, Cyprian Briand, Henry Briand, Remie Cardo, John McDonald, and William Babino ______ _____ were shipped in Province-town, and the balance, viz, Alexander Cardo, William Boudrot, Albert Robin, Andrew Frazer, Jeffrey Landry, Henry Duong, Henry Sampson, Alfred Langley, E. H. C. Lisboa, Duncan McRae, and James Sampson, were shipped in Boston, and were engaged to return directly to this port from the Grand Banks at the end of the voyage; and that excepting James Sampson, who was reported by Captain Kemp as lost on said banks, they did return to Provincetown, and were discharged here, and paid each one by draft on the First National Bank of Provincetown, which are now on file in said bank.
The affiant declares that if Captain Kemp violated any law of Canada in entering Arichat on the 7th of September, 1886, he did it unwittingly, and that the affiant feels that the collection of the $200 fine imposed upon the Pearl Nelson is unwarranted by the circumstances under which the entry into that port was made.
Affidavit of Willaim Babino, cook of the Pearl Nelson.
Personally appeared before me, James Gifford, deputy collector of customs of the port of Provincetown, district of Barnstable and State of Massachusetts, this 27th day of of September, 1886, William Babino, who, being by me duly sworn, deposes and says [Page 525] that he served as cook on the schooner Pearl Nelson, of Provincetown, of which Mur doch Kemp was master, during a fishing voyage to the Grand Banks of Newfoundland and return to this port the present fishing season; that he shipped in said vessel in Boston, State of Massachusetts, to he discharged in Provincetown, in said State; that on the homeward passage to this port the said vessel encountered a strong headwind with a heavy sea and a thick fog, and while off the coast of Cape Breton, N. S., the wind being still ahead with the sea, and the vessel making but little headway towards her destination, Captain Kemp, without before expressing any intention to run for that harbor, sailed her into Arichat, N. S. Arriving there about 11 o’clock on the night of September 7, 1886, and having anchored the vessel, the affiant and nine others of the crew left the vessel and went ashore, where he and the others remained the rest of the night without permission of the captain. We returned to the vessel the following morning, and about 10 o’clock that forenoon a customs officer came aboard the Pearl Nelson and seized her because, as he declared, the men had landed before the vessel was reported to the custom-house; that after the captain had paid a fine of $200 the vessel was next day released, and sailed with all her crew on board for this port, where they arrived September 14, 1886, and were here all paid off in full and discharged.
The affiant further deposes he had not prior to the night of entering Arichat heard the captain say anything about entering there either for the purpose of landing the clothes and personal effects of James Sampson, one of the crew, who had been lost on the Grand Banks, and belonged to Arichat, or near there, nor for any other object.
He also deposes that neither he, nor, as he believes, neither of the 9 men who landed with the affiant, took with them any goods or effects whatever ashore, nor had he or they any knowledge or suspicion that their landing was in violation of any law or regulation of the Dominion of Canada.
Deputy Collector of Customs.
Personally appeared before me James Gifford, deputy collector of the port of Provincetown, district of Barnstable and State of Massachusetts, at said Province-town, this 27th day of September, 1886, Moses N. Gifford, cashier of the First National Bank, in Provincetown aforesaid, and who being by me duly sworn, deposes and says that he paid, on the orders or checks of H. & S. Cook, a firm composed of Henry Cook and Sylvanus Cook, of this place, merchants and owners of fishing vessels, the following-named persons the following sums to—
| Henry Sampsan | $73 79 | Henry Duong | $98 32 |
| Alexander Cardo | 113 70 | Emygdio A. C. Lisboa | 118 19 |
| Jeffrey Landry | 115 52 | Duncan McRae | 97 40 |
| Cyprian Briand | 171 95 | Albert Robin | 122 26 |
| Remie Cardo | 80 44 | Albert Robin | 122 26 |
| William Robin | 170 80 | Henry Briand | 133 08 |
| Alfred Langley | 77 42 | Andrew Frazer | 117 70 |
on the 15th of September, 1886, and that names of the persons thus paid all appear as crew on the shipping articles of the schooner Pearl Nelson, of Provincetown, signed by them at Provincetown and Boston, in May, 1886, as appears by said articles.
Cashier.
Deputy Collector of Customs.