No. 595.
Sir L. S.
Sackville West to Mr. Bayard.
Sir: I have the honor to inform you that the Marquis of Salisbury has requested me to bring the following case to the notice of the United States Government:
Her Majesty’s high commissioner in the western Pacific reports, under date of the 28th of May last, illegal recruitment of native laborers in the New Hebrides on board a vessel named the Mary Anderson, “flying the British flag, although alleged to belong to an American citizen named Eugene Wilbur.” It would appear from Mr. Wilbur’s own statement that he has recruited labor on board a vessel flying the British flag, such vessel being owned by him and therefore not qualified to carry the said flag.
In this case the vessel would, it is believed, be legally liable to forfeiture. But if the ownership had not yet passed to Mr. Wilbur and he was as he stated in command, he has committed an offense under the Pacific islanders protection act of 1872–’75. As, however, Mr. Wilbur is an American citizen and not within Her Majesty’s dominions, Sir John Thurston has not taken proceedings against him. But whether he is legally liable or not, he has been a party to illegal recruiting under the British flag, while his purchase and sailing of a British-built vessel under the American flag, which is now carried, is, Sir John Thurston be lieves, contrary to the laws of his own country, and he therefore submits that the matter may be brought to the knowledge of the United States Government, with a view to such action being taken as may be necessary to prevent the commission of such irregularities; and he deems that the question of the authority of the United States citizens to fly their national colors at their own discretion in these seas over British vessels which they may have actually or only nominally purchased may be one of interest to the Government of the United States.
I avail, etc.,