Mr. Castle to Mr. Olney.
Washington, D. C., November 19, 1895.
Sir: Permit me to call your attention to a matter which, has, I believe, hitherto been the subject of some correspondence. I refer to the schooner Wahlberg, of San Francisco, Cal.
This vessel, in the latter part of 1894, transported a quantity of arms and ammunition from San Francisco to a point near Honolulu, in Hawaii, and there delivered them to certain persons to be used in an insurrection against the Hawaiian Government. They were so used, and that affair is now a matter of history. Early in the year, perhaps in February or March, 1895, on her putting into San Diego, Cal., the Wahlberg was seized by the United States authorities, but was subsequently released. With the history of that I have no knowledge except hearsay. It was reported that she was seized for alleged violation of the neutrality laws. If this is so her release seems to have been the only course open, and was undoubtedly correct. So far as I know nothing further was done.
Referring to the files of this legation, I find some correspondence with reference to her on the 15th and 16th of March, 1895.
Certain rumors are reported to me of an intended descent upon the Hawaiian shores. They have no greater definiteness than those which preceded the insurrection of January, 1895, but they are firmly believed by some people, who refer to that affair as sufficient ground for belief. The Hawaiian Government is put to very great expense and anxiety in keeping up a force sufficient to repel any further attempt at its overthrow. Not the least ground for the maintenance of such preparations is the belief by disaffected persons in Hawaii and certain lawless individuals in this country that any vessel may carry arms and munitions to Hawaii and then deliver them to purchasers (to be used for unlawful purposes) with immunity. The case of the Wahlberg seems to justify such a belief, for certainly there could hardly be a more flagrant case of aid and assistance in an unlawful purpose.
Pardon me if I trespass upon your time and patience to recite briefly the facts:
The Wahlberg, of 28 36/100 tons burden, built in 1892 in Oregon, with her home port in San Francisco, had a license to fish in the Northern and Southern Pacific Oceans. She had no register, but was enrolled under section 4321, Revised Statutes of the United States. In 1894, late in the year, December 6 or 7, I think, she took on board, while leaving the port of San Francisco, and near Sausalito, not far from the Golden Gate, from 300 to 400 carbines, a considerable number of revolvers, and a quantity—about 29,000—of cartridges. They were placed on board of her in the nighttime by a tugboat which came down the bay and approached without lights. The name of this tugboat, I am informed, is the Ida W. After receiving these things the Wahlberg went to sea, and late in the month of December or early in January met a boat in the night near the shores of Oahu, and delivered the revolvers, and another night delivered the carbines and sacks of ammunition on the Hawaiian steamer Waimanalo. These arms and ammunitions were used a few days later in the attempt of January 6, 1895, to overthrow the Hawaiian Government.
The object of this communication is to respectfully suggest to your consideration whether the Wahlberg was not, and is not now, liable under sections 2337–4364, Revised Statutes of the United States. The [Page 875] facts are easily shown. If my impression is correct, a proceeding may not be instituted by a citizen, certainly not by a citizen of a foreign country. Allow me also to refer you to the following cases: Ocean Spray, 4 Sawyer, 106; The Lark, 1 Gale, 55; The Julia, 1 Gale, 43; The Active, 7 Cranch, 100.
You may ask what concern Hawaii can have in this matter. My answer is that if, in your opinion, or in that of the law officers of the United States, the Wahlberg is so liable, and proceedings should be instituted, it would do very much to check further reckless attempts on the part of vessels of the United States at any rate to engage in such enterprises, and so will correspondingly lessen the causes for anxiety on the part of the Hawaiian Government.
Permit me, sir, etc.,