EXHIBIT G.
The memorial of Claus Lutjens, commonly known and called by the name of Charles Lutjens, to the Department of State of the United States, respectfully shows:
That the said Claus Lutjens makes this claim and memorial in his own right and for his own benefit;
That the above-named Claus Lutjens is now, and was at the time when the claim hereinafter set forth had its origin, a duly naturalized citizen of the United States, and presents herewith a duly certified copy of his naturalization papers, and a duly qualified and registered voter in the city and county of San Francisco, State of California;
The said Claus Lutjens claims from the Russian Government the sum of $10,000, being the entire sum hereby claimed; the claimant believes that the sum so claimed would not reimburse him for the losses sustained by the wrongful act of the authorities of the Russian Government, hereinafter set forth; and that this claimant has received no money or other equivalent or indemnification from insurance or otherwise for the whole or any part of the loss or injury upon which this claim is founded.
That the said claim is based upon the following facts and circumstances, to wit:
The said Claus Lutjens, in the pursuit of his regular and legitimate business, was at all the times herein mentioned the owner of the American schooner Kate and Anna, which said schooner was enrolled and registered in the port of San Francisco, and said schooner was regularly cleared from said port for a fishing and hunting voyage in the North Pacific Ocean, or elsewhere, as the master might direct, having at the time on board said vessel a hunting and fishing outfit, consisting of rifles, shotguns, powder, and hunting and fishing gear, all of which will more fully and at large appear by the certified copies of the original enrollment or registry of said schooner and certified copies of the original clearance papers and outward manifest of said schooner, which are herewith filed, and that the reason why the originals of all of said papers were and are not filed is that all of said original papers were and are in the United States custom-house at San Francisco, Cal.
That said Claus Lutjens, owner of said American schooner Kate and Anna as above set forth, was then, and at all the times hereinafter mentioned, the duly acting and qualified master of said schooner, and is now and was at the time when the claim herein set forth had its origin a citizen of the United States of America and of the State of California; that the said schooner Kate and Anna on the 1st day of March, A. D. 1892, under command of the said master, and with a good and sufficient crew and a hunting and fishing outfit on board, as aforesaid, did set sail and depart from the said port of San Francisco, bound for the North Pacific Ocean, said vessel being [Page 276] at that time and at all the times hereinafter mentioned seaworthy and in all respects fit for the voyage which it took as herein mentioned; that the master and crew proceeded with said vessel on their voyage without disaster of any kind until the 12th day of August, A. D. 1892, and that prior to said day and in the open Pacific Ocean, more than 30 miles south of the Commander Islands, and not in Russian waters, had killed and taken 124 seals, worth in the open market $1,767, all of which were caught and killed on the voyage from San Francisco, and more than 30 miles south of the Commander Islands, and not in Russian waters; and that on said 12th day of August arrived at 54° 9′ north, longitude 168° 21′ east, by correct observation, and had not sealed in said place, nor at any place within 30 miles south of said Commander Islands or in Russian waters at all, and no boats being out at said time from said vessel, either for hunting or fishing, and no one from said vessel being either hunting or fishing, and said schooner then sailing in a southwesterly course.
Said latitude 54° 9′ north, longitude 168° 21′ east, by correct observation is more than 30 miles from Copper or Bering Islands on the high seas, and not in Russian waters; when, at said time, and in the latitude and longitude above mentioned, on the 12th day of August, A. D, 1892, as aforesaid, and not being at the time hunting or fishing, and not having at any time fished or hunted seals in Russian waters, but being at said time on a southwesterly course, as aforesaid, the Russian war cruiser Zabiaca was at all times herein mentioned a steamer regularly commissioned as a war cruiser, and belonging to the Russian Government, armed for offensive and defensive warfare, and acting under the authority and by the directions of the said Russian Government, steamed toward said schooner and fired a blank charge, which was an order for said schooner to heave-to. I accordingly heaved-to, and said cruiser steamed alongside said schooner, and I was ordered to come on board the cruiser with the schooner’s papers; I accordingly went on board with my papers, showed my log book and other papers to the captain of said cruiser, who then ordered me to send my sealskins to said cruiser, to stop sealing, and to go home. I then, under said orders, and being forced to do so by said cruiser, sent on board said cruiser 124 sealskins; and being then fearful of arrest and confiscation of my schooner by said cruiser, I stopped sealing and sailed for San Francisco, at which port I arrived on the 23d day of September, A. D. 1893.
While on board said cruiser Zabiaca the captain thereof wrote in my log book the following, to wit:
“Schooner Kate and Anna was arrested in 54° 9′ north latitude and 168° 21′ longitude, though not in Russian waters exactly, but she has been sealing at the sealing grounds of Commander Islands. The con traverse could not be witnessed by the log book, so the seals are confiscated, but the vessel was not taken, and got free.
“B. de Livron,
”Captain of H. S. M. Russian Cruiser
‘Zabiaca.’
“August 12, 1892.”
My original log book, containing said writing by said Russian captain, is now in my possession, and will be produced by me in support hereof when required.
By said wrongful seizure by the Russian cruiser Zabiaca, as aforesaid, I have been damaged as follows, to wit: In the sum of $1,767, United States gold coin, by the seizure of the 124 seal skins above set forth, and in the sum of $8,233, United States gold coin, by the breaking up of my voyage from the threats and wrongful armed interference of said Russian war cruiser Zabiaca.
That I, as master of said schooner, Kate and Anna, duly protested at the time to the captain of said Russian war cruiser against the seizure of said seal skins, and against all the other acts herein complained of; that on the 18th day of October, A. D. 1892, I duly noted a protest against said seizure and said acts with Harry J. Lask, a notary public in and for the city and county of San Francisco, State of California; and on said day, before said notary public, I duly made a regular marine protest.
That the seizure of said seal skins and all of said acts by the said war cruiser, by the officers thereof, and by the Russian officials, were in violation of the law of nations and of the right of citizens of the United States, and in contravention to the treaties existing between the United States of America and Russia, and that this claim is founded upon the principles of international law and the rights which every nation and every person has upon the high seas, and upon the fact that all the above mentioned acts by the Russian Government and its officials were in violation thereof.
Wherefore I hereby request the interposition of the Government of the United States of America against the Russian Government for the presentation of this claim against said Russian Government.