Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 3, 1888, Part I
No. 577.
Sir L. S.
Sackville West to Mr. Bayard.
Sir: With reference to your note of February 14 last, I have the honor to inclose to you herewith copies of explanatory letters furnished by the owners of the British steamer North Erin, respecting the complaint made by the United States authorities against the master of that ship, and which the Marquis of Salisbury has requested me to communicate to you.
I have, etc.,
Messrs. Roberts & Sons to the Assistant Secretary of the Marine Department of the Board of Trade.
Newcastle-on-Tyne, March 27, 1888.
Dear Sir: We duly received your letter of the 22d instant forwarding a complaint from the United States Government against Captain Owens, of our steam-ship North Erin. This matter was thoroughly investigated by us on the ship’s arrival in Liverpool, and we inclose copy of a letter forwarded by us through the United States consul in Liverpool to the American authorities; this letter will explain the course we took in the matter. We are convinced that if the judge had known the facts of the case he would not have granted the order for the arrest of the steamer.
The fact with respect to the incident of the marshal as stated in the copy which you sent to us, we believe to be totally incorrect. Captain Owens assures us that the man who came alongside his ship in the pilot yawl was not in uniform, that he never declared who he was nor what he wanted. All the ship’s crew and also the American pilot confirm the captain’s statement on this point. In the statement made by the pilot to the American consul in Liverpool, we believe he distinctly states that the deputy of the United States marshal when he was alongside the steamer in the yawl did not declare to him or anybody else on board the ship who he was.
The statement that the marshal fell some 20 or 30 feet is absolutely untrue. The ship’s rail would not be more than 10 feet out of the water, but as a matter of fact the man did not fall at all, neither was he pushed from the side of the vessel.
These statements are evidently made by some one who bears malice towards Captain Owens and with a view of doing him injury.
Captain Owens has been in command of our ships and steamers for the last seventeen years and during that time we have found him to be a steady, sober (having never tasted liquor in his life), and a thoroughly reliable and cautious man. We believe his version of the affair as confirmed by the crew and the pilot, and we do not blame him in the slightest degree for what occurred. Captain Owens left the North Erin to be married and is now in Paris, on his honeymoon. A letter addressed to 28 Windsor Place, Cardiff, would probably be forwarded to him.
We are, etc.,
We also inclose a cutting from the Norfolk Evening Telegram of March 6, 1888, which goes somewhat to confirm the captain’s story, as the marshal therein admits that he told no one belonging to the ship who he was.
Please return the newspaper cutting after perusal.
Messrs. Roberts & Sons to Mr. Russell.
March 26, 1888.
Sir: Our attention was drawn by a paragraph in one of the United States newspapers to an alleged attempt on the part of the master of our steam-ship North Erin to avoid the arrest of his ship after she had left West Point for Liverpool.
Immediately on arrival of the ship at Liverpool we investigated the circumstances, and the master has assured us that he was not aware that the boat from the pilot-cutter, which came alongside of his ship whilst she was under weigh, contained any officer of the United States courts, or that in proceeding on his voyage with his ship he was evading the service of any process from the courts; he states if he had been aware that the boat contained an officer to arrest his ship he would have at once submitted to the arrest.
We feel deeply that any apparent attempt should have been made by the master of our ship to evade the service of any process or to treat with apparent slight any order issued by a judge of one of the United States courts.
The act was unauthorized by us, and if we had known that any action had been commenced against the ship we would have instructed our agents to have given bail and obtained the release of the ship.
To show that we are most anxious to treat the courts of the United States with the respect to which they are entitled, we are willing to admit that the process of the court was served and to take such steps for defending the action as if process had been served in the usual manner. We shall feel personally greatly obliged if you will forward this letter to the proper authorities in the United States.
We are, sir, etc.,
John Owens, late master of the steam-ship North Erin, to the assistant secretary of marine department, board of trade, Whitehall Gardens, London.
Cardiff, April 12, 1888.
Sir: I have the honor to acknowledge the receipt of your letter of the 29th ultimo, together with a copy of a complaint against me from the Government of the United States, concerning my action whilst in command of the steam-ship North Erin, on the 2d of February last, off Cape Henry, Virginia.
I had strong reasons for refusing to sign the charterer’s draft for the amount demanded, viz, $14,231, as they insisted on my signing their bills of lading with freight payable on weight delivered in Liverpool, instead of upon the same weight as that upon which they were calculating the freight for their draft, viz, the weight inserted in the bill of lading by themselves.
Fearing that the cargo might turn out at Liverpool short of the weight indicated by the bills of lading, whereby the ship would lose freight objected to sign the draft unless charterers would undertake to make the chartered amount good to the owners of the ship, as their bill of lading gave the ship no lien on the cargo for anything, the charterer’s responsibility, conformably with the conditions of the charter party, having ceased as soon as the cargo was shipped.
The clause in the charter party covering this latter point was as follows:
“Charterer’s responsibility under this charter to cease on cargo being shipped; but the owners or master to have an absolute charge and lien upon the cargo and goods laden for the recovery and payment of all freight, dead freight, and demurrage.” This proviso they refused to insert in the bills of lading, and they would not allow me to add above my signature the words, “and all other conditions as per charter party,” or to make any reference whatever to the terms of the charter party, but demanded that their bills of lading should be signed as presented.
[Page 806]I signed a draft for the amount of disbursements as required by the terms of the charter-party. The draft for the difference in freight bound the freight, ship, and owners for its payment whilst the charter-party gave a lien on the freight alone. Messrs. Reynolds Brothers gave me all the documents necessary to enable me to sail, viz, the ship’s register, articles, and customs to the clearances; and being put in possession of these papers I had therefore no reason to suspect that anyone would come to detain the ship after leaving West Point. I remained at West Point forty-eight hours after loading for the purpose of getting a settlement, which afforded them ample time to stop the ship. After failing in my object, I told them that I should protest against signing the draft and proceed to sea. I went to a notary and made, a protest, handed the same to Messrs. Reynolds Brothers, and thereafter sailed, the steamer being in charge of Mr. W. Face, pilot for the capes, which was reached about 7 p.m., and where the ship was stopped by order of the pilot, for the purpose of allowing him to enter his own boat. The engines were never moved after the pilot stopped them until after the ladder was cast off.
When the pilot-boat was coming alongside a man from it called out, “I have a paper for your captain.” To this announcement I replied, “I want no paper, I have no time.” Finding that the man was coming up the ladder I went to the gangway and reminded him that I had no time; the only words uttered by him were, “I want to see the captain,” which request he repeated, and I told him to go down, and I also warned him that if he did not move to allow the pilot (who was standing on the rail) to get off, I would be compelled to lower the ladder with him, whereupon as he did not move, the ladder was lowered until the man reached the rail of the small boat and consequently was in no danger whatever. This man wore no uniform whereby one might recognize his official position, nor did he mention his business, of which I was totally unaware. Had he indicated what the nature of his errand was, or who he was, or had he been in uniform or come in some revenue-cutter or other obviously official boat, I would have at once submitted to the warrant. No words were exchanged between him and myself, excepting what has been related above. No force whatever was employed other than that indicated by the lowering of the ladder. The man made only an attempt to board and he did not have his hands on the ship’s rail, and consequently it is untrue that he was pushed from the vessel. The height of the rail has been stated inaccurately, as the steamer’s rail was not more than 10 feet from the water where the ladder was hung. Consequently to say the man fell 20 or 30 feet is obviously untrue, as from this 10 feet at most must be deducted the height of the man.
Having been accustomed to the American trade for many years and knowing that I should be likely to return to that country again, I would never have wittingly interfered to prevent the law of the United States taking its due course. Had the person, whom I am now informed was a deputy marshal of the United States, advised me of his official capacity or what his business was, I should have submitted to him at once. I can only add that I most deeply regret what has taken place and especially any apparent slight or contempt of the United States courts on my part. If I am in default in any way I am willing and anxious to make ample apology.
I have, etc.,
The “North Erin”—Her captain pleads ignorance of the marshal’s presence—The arrival of Capt. George Face from Liverpool to-day and the ship’s ladder in the United States court-room here would seem to point to a different conclusion.
Our readers will recall the North Erin incident of the early part of February, in which United States Deputy Marshal J. J. Sullivan, of this city, who had gone down to the capes to attach said vessel (a British merchantman), was thrown off the side of the ship into a yawl alongside and narrowly escaped with his life. A libel suit was about to be entered against the ship by Messrs. Reynolds Brothers, of Norfolk, because her captain would not sign their draft for the insurance and freight on cotton with which they had loaded the North Erin.
They applied to Judge Hughes and he dispatched Mr. Sullivan down in a tug to overhaul the vessel before she passed out of the capes. On returning to the city Mr. S. reported that he had attempted to board the ship, but that the ladder had been cut and he thrown off, the vessel in the meantime making her escape and carrying off the Virginia pilot, Capt. George Face, who had brought her down the York River from West Point.
United States Marshal Thomas W. Scott has received a letter from the American [Page 807] consulate at Liverpool, inclosing the following letter from the owners of the North Erin:
Newcastle-on-Tyne, February 23, 1888.
Sir: Our attention was drawn by a paragraph in one of the United States newspapers to an alleged attempt on the part of the master of our steam-ship North Erin to avoid the arrest of his ship after she had left West Point for Liverpool.
Immediately on arrival of the ship at Liverpool we investigated the circumstances, and the master has assured us that he was not aware that the boat from the pilot-cutter, which came alongside of his ship whilst she was under weigh, contained any officer of the United States courts, or that in proceeding on his voyage with his ship he was evading the service of any process from the courts. He states if he had been aware that the boat contained an officer to arrest his ship he would have at once submitted to the arrest.
We feel deeply that any apparent attempt should have been made by the master of our ship to evade the service of any process or to treat with apparent slight any order issued by a judge of one of the United States courts. The act was unauthorized by us, and if we had known that any action had been commenced against the ship we would have instructed our agents to have given bail and obtained the release of the ship. To show that we are most anxious to treat the courts of the United States with the respect to which they are entitled, we are willing to admit that the process of the court was served, and to take such steps for defending the action as if process had been served in the usual manner.
We shall feel personally greatly obliged if you will forward this letter to the proper authorities in the United States.
We are, etc.,
Hugh Roberts & Sons.
Charles T. Russell,
Esq.,
United States Consul,
Liverpool.
The carrying off of Captain Face, the pilot, would seem to indicate that the departure of the North Erin was somewhat unusual, and it does not look probable that his being carried off and Mr. Sullivan and the ladder dropping from the ship’s side was all accidental.
[Mr. Sullivan has the ladder in the United States court-room here.]
captain face’s arrival.
Capt. George Face, above referred to, arrived home from Liverpool via New York this morning, and went at once to his home in Atlantic City, being anxious, after his enforced absence of a month, to get back to his family. During the day the Telegram sent a reporter over to Atlantic City to interview him; was found at his cozy, comfortable home in that suburb, but was entirely too full of “getting homo” to talk about the trip. Captain F. is a robust, heavy man, every inch a sailor, and when the Telegram met him he had much the appearance of having just gotten home after a three years’ cruise. He was surrounded by his children, and it seemed indeed a gladsome time. He had too much to tell them to tell the Telegram anything, except that he had not suffered by the trip. Judging from his good nature, and the prime physical condition in which we found him, we should say that he had had a royal time. Beside, there was something he promised to tell us later, which he wanted the people across the water to see, and we think he wanted to say how well they had treated him. He would not talk about the captain of the North Erin, saying that “that is his (the captain of the North Erin’s) business and I do not care to interfere.”
Finding that he was so absorbed in his family, we only intruded upon him for a few minutes and retired.
notes.
Deputy Marshal Sullivan was seen again by the Telegram to-day in regard to the matter, and he is of the opinion that the officers of the ship suspected who he was when he was first seen to approach the vessel; says Pilot Face was standing beside the rail of the ship when he, Sullivan, started up; that he told Mr. Face who he was, but didn’t tell anyone else. All others about the side of the ship looked like sailors.
United States Marshal Scott will turn the above letter over to the district attorney, who will forward it to Washington.