Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Second Session Thirty-eighth Congress, Part II
Lord Lyons to Mr. Seward..
Sir: I have the honor to transmit to you a copy of a letter addressed to her Majesty’s consul at New York, by Messrs. E. Pavenstedt & Co., the agents at that place of Messrs. Dent, Palmer & Co., of London. In compliance with the request contained in it, I submit to you also copies of the following papers:
1. Protest of United States vice-consul at Amoy, August 13, 1863.
2. Letter from United States vice-consul at Amoy to Mr. Thomas H. Chapman, agent at that place of Messrs. Dent & Co., August 13, 1863.
3. Letter from Messrs. Dent & Co. to the United States consul at Hong Kong, August 24, 1863.
4. Extract from charter-party between the master of the British bark Julia and Mr. Thomas H. Chapman, August 15, 1863.
These papers appear to show conclusively that the voyage of the Julia is perfectly legitimate; but as the United States vice-consul at Amoy took exception to a condition in the charter-party, Messrs. Pavenstedt & Co. are anxious that all the particulars should be made known to the United States authorities here.
The Julia is expected to arrive very soon at New York, and I therefore take [Page 408] the liberty of asking you to recommend the papers to the immediate attention of the proper authorities.
I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,
Hon. William H. Seward, &c., &c., &c.
Pavenstedt & Co, to Archibald.
Sir: The British bark Julia, Francis Morris master, laden with teas at Amoy, China, by and for account of Messrs. Dent & Co., of Hong Kong, bound to St. Thomas for orders, has been directed by Messrs. Dent, Palmer & Op., of London, to proceed from St. Thomas to this port to discharge.
The United States consul at Amoy seems to have taken exception to a clause in the charter-party, allowing the vessel to proceed to Charleston, South Carolina, under certain contingencies, and has protested, in her Majesty’s consulate at Amoy, against the voyage of the Julia; also addressed a letter to the agent of Messrs. Dent & Co., threatening seizure and confiscation of both vessel and cargo, on account of the clause in the charter-party above referred to.
We take the liberty of enclosing copies of the protest, (marked A,) and of the letter, (marked B;) also a copy of the letter addressed by Messrs. Dent & Co. to the United States consul at Hong Kong, (marked C,) in reference to the subject, and beg you will kindly bring the matter to the notice of his excellency Lord Lyons, her Majesty’s minister at Washington, asking his advice what steps may be necessary for us to take to protect the interests of the owners of the valuable cargo, who are British subjects, and who have been acting in entire good faith in the matter, as will be seen from the extract from the charter-party of the Julia, which we hand you hereby, (marked D,) together with the entire original charter, which latter please return us, as it is the only copy we hold.
The Julia having sailed from Amoy on August 15, may be expected to arrive here in from two to four weeks from this time; and though the merits of the case seem to preclude the possibility of serious difficulties, yet we would suggest the expediency of at once informing the State Department at Wash-; ington of the facts of the case, so as to show the entire good faith of the transaction, and avoid all trouble on the arrival of the vessel.
We are, &c.,
E. M. Archibald, Esq., Her Britannic Majesty’s Consul, New York.
A.
At her Britannic Majesty’s consulate at Amoy, on the 30th day of August, 1863, before me, W. A. Pedder, esq., her Majesty’s consul for the port of Amoy, personally came and appeared Oliver B. Bradford, vice-consul of the United States of America for Amoy, and declared as follows :
That on or about the 6th day of August, in the year of our Lord 1868, Thomas H. Chapman, agent for the firm of Messrs. Dent & Co., verbally informed him that the bark Julia, of Newcastle, was being.loaded by him, as agent for the said firm, with teas, on a charter allowing her to proceed to St. [Page 409] Thomas, in the West Indies, for orders, and from thence having the option to proceed to either of the following ports, viz., Charleston, Montreal, London, or New York; the first of which ports being, according to last advices, under blockade by the naval forces of the United States government.
Wherefore, the said appearer, Oliver B. Bradford, vice-consul aforesaid, on behalf and in the name of the United States government, doth protest against the said vessel proceeding on that provision in her charter, allowing her to go to the port of Charleston aforesaid, unless the said port of Charleston has been duly declared to be a lawful port of entry by the United States government.
OLIVER B. BRADFORD, Vice-Consul.
This done at the British consulate at Amoy, on the day and in the year first above written.
[seal]
B.
Sir: On or about the 6th instant you verbally informed me that the British barke Julia was loading tea at this port from your house on a charter to St. Thomas for orders, from whence she had the option of proceeding to either Charleston, Montreal, London, or New York, the former of which ports I then informed you was, and herewith formally advise you was at the date of the latest advices received from America still under a blockade by the United States government. You have not since informed me that the option of going to Charleston has been withheld from the said vessel. I have therefore entered my protest before her Britannic Majesty’s consul for this port, a copy of which I herewith enclose, against the said vessel being allowed to proceed on a voyage, on a charter which allows and requires her, on orders, to break a law of the United States, which law youcannot plead ignorance of. I would moreover call your attention to the fact of the charter-party being in itself an unlawful document, allowing, as you inform me it does, the vessel to go to a port with which there is, as above mentioned, no lawful communication, and which has been closed for a space of more than two years by law; it also makes the vessel and cargo both liable to seizure and confiscation, supposing you to be aware of the liabilities of the parties concerned, in case of a further violation of law.
I am, &c.
[Untitled]
Dear Sir: The verbal communication to you, made two days ago by our Mr. Mackenzie, has already put you in possession of the facts of the charter of the British vessel Julia, tea-laden by us, just despatched from the treaty port of Amoy. We desire, however, briefly to recapitulate what then passed, in order that there may be no misunderstanding as to the intended destination of the Julia, respecting which the American vice-consul at Amoy has conceived such strong and unreasonable jealousy. The cargo of the Julia is intended for American or Canadian market, and the charter-party stipulates that the vessel shall call at St. Thomas for orders to proceed to Charleston, New York [Page 410] or Montreal, as directed by our London correspondents, the well-known firm of Messrs. Dent, Palmer & Co., reserving to those gentlemen the right, in the event of hostilities between Great Britain and the United States, of ordering the vessel direct to London. The port of Charleston was inserted to give an additional market in case the port was legally accessible by peace, or the abandonment of the blockade, and the rate of freight is the same as that to be paid at New York, should the cargo be there delivered. From this you will perceive that there could be no intention of attempting to break the existing blockade, there being no consideration to induce the master of the vessel to imperil his ship in an illegal voyage. Moreover, any such intention would have been inconsistent with the fact that the vice-consul alleges the information he possesses of the particulars of the charter-party to have been derived from our representative at Amoy himself; and we trust, therefore, that you will disapprove of your vice-consul’s action in protesting against the voyage of the Julia, and in denouncing it as illegal, and exposing both ship and cargo to seizure and confiscation. We have no fear of any such evils, but the indiscreet zeal of the vice-consul might be the cause of delay and annoyance if the groundless suspicions were left unnoticed; and we therefore tender to you this simple statement of the real facts of the Julia’s voyage now commenced.
Should you deem it of importance to take any notice of this matter in your official correspondence with the United States government, we trust to your accompanying it by a copy of this letter, and on receipt of the charter-party, which has not yet come forward from Amoy, we shall be happy to exhibit it to you if you desire it.
We are, sir, &c.,
H. N. Congar, Esq. United States Consul, Hong Kong.
D.
This charter-party, made and concluded the fifteenth day of August, in the year one thousand eight hundred and sixty-three, between Captain Francis Morris, of the British bark Julia, of the burden of three hundred and seventy-eight tons, or thereabouts, register measurement, now lying in the harbor of Amoy, of the first part, and Thomas H. Chapman, representative of Messrs. Dent & Co., of China, of the second part, witnesseth: That the said party of the first part, for and in consideration of the covenants and agreements hereinafter mentioned to be kept and performed by the said parties of the second part, doth consent and agree on the freighting and chartering of the said vessel unlo the said parties of the second part for a voyage from Amoy to St. Thomas, West Indies, for orders; charterers to have the option of sending the vessel to Montreal, New York, Charleston, or New Orleans, but to one port only, and to either of the southern ports, only if the blockade is raised, and the ports open for commerce, on the terms following, that is to say: First, the said party of the first part doth engage that the said vessel in and during the said voyage shall be kept tight, staunch, well fitted, tackled and provided with every requisite, and with men and provisions necessary for such a voyage. Second, the said party of the first part doth further engage that the whole of the said vessel (with the exception of the cabin, the deck, and the necessary room for the accommodation of the crew and the stowage of the sails, cables, and provisions) shall be at the sole use and disposal of the said parties of the second part during the voyage aforesaid; and that no goods or merchandise whatever shall be [Page 411] laden on board otherwise than from the said parties of the second part, or their agent, without their consent, on pain of forfeiture of the amount of freight agreed upon for the same. Third, the said party of the first part doth further engage to take and receive on board the said vessel, during the aforesaid voyage, all such lawful goods and merchandise as the said parties of the second part or their agent may think proper to ship.
And the said parties of the second part, for and in consideration of the covenants and agreements to be kept and performed by the said party of the first part, doth covenant and agree with the said parties of the first part to charter and hire the said vessel as aforesaid on the terms following, that is to say: First, the said parties of the second part doth engage to provide and furnish to the said vessel a full and complete cargo of tea, not exceeding what she can reasonably stow and carry, over and above her tackle, apparel, provisions, and furniture. Second, the said parties of the second part do further engage to pay to the said party of the first part, or his agent, for the charter or freight of the said vessel, during the voyage aforesaid, in manner following, that is to say: £4 (Four pounds) per ton of 50 (fifty) cubic feet, if sent to New York or Charleston, and £4 4s., (four guineas,) if sent to New Orleans or Montreal. In case of rupture between England and America, charterers have the option of sending the ship to London, in which case the freight shall be £4 4s. (four guineas) per ton of fifty cubic feet. Freight in bank, or approved bills, at 60 (sixty) days’ sight on London.
Memorandum.
CASE OF THE MONT BLANC.
Lord Lyons’s note of the 16th July, and memorandum of 10th August:
It appears very desirable to proceed, without delay, to carry into effect the arrangement recorded in Mr. Seward’s note of the 21st of May.*
- 38th Congress, 1st session, House Ex. Doc. No. 1, page 665.↩