Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Second Session of the Thirty-ninth Congress, Part I

Mr. Adams to Mr. Seward..

No. 1220.]

Legation of the United States, London, June 22, 1866.

Sir: I have received this week a complaint made by Captain Freeman, of the ship Kentuckian, at Sunderland, in the form of a protest against the action of the authorities of that place in releasing a certain number of his crew, confined by him on board, under advice of the United States consular agent, for threatening to desert the ship. Not only did they do this, but they also inflicted a fine on him for what they allege to have been an unjust assault. The vice-consul at Newcastle, Mr. Orwin, has submitted to me a statement of the facts, and asked of me instructions what to do. This has led me to an examination of the correspondence heretofore carried on with the British government by my predecessors in this legation on the general subject to which this complaint belongs. I find that, without the presence of any treaty stipulations touching this matter, there is no power whatever to control the action of the local authorities upon all cases of desertion or mutiny or refusal to work among seamen belonging to foreign vessels in the ports of this kingdom. It does, however, appear that, in consequence of complaints made by foreign powers, an act was passed by Parliament in 1852, designed to meet this case. It was, however, predicated upon a condition of corresponding legislation on their part, which, so far as the United States were concerned, interposed at that time an insuperable barrier to their acceptance of it. The old question of the status of the slaves reappeared, and, as was commonly the case in that day, overpowered every argument in favor of action based on other grounds. This obstacle is now entirely removed, so that it may be deserving of your consideration whether some measures may not now be expedient in order to secure for our merchantmen the protection of the provisions of this law. To this end, instead of occupying your time in going over the argument or recapitulating the facts connected with former negotiations, I shall confine myself to the task of pointing out, in the list annexed to this despatch, the precise despatches embracing the history of the matter, by reference to which in the records of the department you will be at once put in possession of the merits of the case. As it is barely possible that you might not find among them a printed copy of the act of 1852 itself, I have the honor to transmit one herewith.

I have the honor to be, sir, your obedient servant,

CHARLES FRANCIS ADAMS.

Hon. William H. Seward, Secretary of State, Washington, D. C.

Memorandum as to the foreign deserters act.

Mr. Buchanan to Mr. Marcy, No. 62, of 9th of March, 1855—reports that Lord Clarendon had proposed that the United States shall accede to the act but Mr. B. refused.

Same to same, No. 78, of 29th of June, 1855—Lord Clarendon renews his proposal, and it is again refused.

Mr. Appleton to Mr. Dallas, No. 73, of 25th of June, 1857—it might be well for Mr. Dallas to have the act extended to vessels of United States citizens.

Mr. Dallas to General Cass, No. 62, of 17th of July, 1857—he points out Mr. Buchanan’s refusal to accede to the act, and asks further instructions.

General Cass to Mr. Dallas, No. 76, of 3d of August, 1857—Mr. Dallas’ objections approved, and the instructions to accede to the act revoked.

Nothing has been done since then in the matter.

CAP. XXVI.

AN ACT to enable her Majesty to carry into effect arrangements made with foreign powers for the apprehension of seamen who desert from their ships.

Whereas arrangements have been made with certain foreign powers for the recovery of seamen deserting from the ships of such powers when in British ports, and for the recovery of seamen deserting from British ships when in the ports of such powers; and whereas it is expedient to enable her Majesty to carry such arrangements into effect, and likewise to enable her Majesty to carry into effect any similar arrangements of a like nature which may be made hereafter: Be it enacted by the Queen’s most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present Parliament assembled, and by the authority of the same, as follows:

I. Whenever it is made to appear to her Majesty that due facilities are or will be given for recovering and apprehending seamen who desert from British merchant ships in the territories of any foreign power, her Majesty may, by order in council stating that such facilities are or will be given, declare that seamen, nor being slaves, who desert from merchant ships belonging to a subject of such power, when within her Majesty’s dominions or the territories of the East India Company, shall be liable to be apprehended and carried on board their respective ships, and may limit the operation of such order, and may render the operation thereof subject to such conditions and qualifications, if any, as may be deemed expedient.

II. Upon such publication as hereinafter mentioned of any such order in council, then, during such time as the same remains in force, and subject to such limitations and qualifications, if any, as may be therein contained, every justice of the peace or other officer having jurisdiction in the case of seamen who desert from British merchant ships in her Majesty’s dominions or in the territories of the East India Company shall, on application being made by a consul of the foreign power to which such order in council relates, or his deputy or representative, aid in apprehending any seaman or apprentice who deserts from any merchant ship belonging to a subject of such power, and may for that purpose, upon complaint on oath duly made, issue his warrant for the apprehension of any such deserter, and, upon due proof of the desertion, order him to be conveyed on board the vessel to which he belongs, or to be delivered to the master or mate of such vessel, or to the owner of such vessel or his agent, to be so conveyed; and thereupon it shall be lawful for the person ordered to convey such deserter, or for the master or mate of such vessel, or the owner or his agent, (as the case may require,) to convey him on board accordingly.

III. If any person protects or harbors any deserter who is liable to be apprehended under this act, knowing or having reason to believe that he has deserted, such person shall for every offence be liable to a penalty not exceeding ten pounds, and every such penalty shall be recovered, paid, and applied in the same manner as penalties for harboring or protecting deserters from British merchant ships.

IV. Every order in council to be made under the authority of this act shall be published on the London Gazette as soon as may be after the making thereof.

V. Her Majesty may, by order in council, from time to time revoke or alter any order in council previously made under the authority of this act.

VI. This act may be cited as the “foreign deserters act, 1852.”

June 17, 1852.