No. 333.
Mr. Hunter to Mr. Hoppin.

No. 248.]

Sir: I forward herewith, for your information, copies of the inclosed correspondence relative to the delivery of American ships’ papers into the control of the customs authorities at Sierra Leone, and have to request that you will make the necessary inquiry at the foreign office, touching the subject, with a view, if possible, of having the objectionable practice, herein complained of, should it not be founded upon any local law, discontinued in respect to our ships. In case such delivery should be, however, in accordance with any local provision, it would be desirable to obtain an equitable modification thereof more in keeping with the general rule in such matters.

I am, &c.,

W. HUNTER,
Acting Secretary.
[Inclosure 1 in No. 248.]

Messrs. Yates & Porterfield to Mr. Blaine.

Dear Sir: The captains of our vessels in the African trade are frequently troubled by a demand from the several petty officers of customs at various trading ports along the west coast of Africa, from Sierra Leone to the river Gaboon, where there are no American consuls or commercial agents, for the delivery of their registers and crew-lists, not only for inspection but to be taken on shore from the ship. As these vessels lie in an open roadstead a long way from shore, and the demand often comes from parties who appear to be irresponsible, it is a source of annoyance, uneasiness, and delay in recovering them when the ship is ready to sail. What we desire to know is whether the captains will be justified in refusing to allow their registers and crew-lists to go out of their possession unless to a representative of the American Government:

We have a ship sailing on Saturday next, and shall be very glad to receive such information as you may be pleased to give us on the subject so that we may instruct our captain what course he ought to pursue.

In case the captain is obliged to give up his papers to a representative of a foreign government, is not he entitled to a receipt for same?

If this communication should have been addressed to the Secretary of the Treasury, will you please forward it?

We are, &c.,

YATES & PORTERFIELD.
[Inclosure 2 in No. 248.]

Mr. Hunter to Messrs. Yates & Porterfield.

Gentlemen: Your letter of the 18th instant has been received. It represents that masters of vessels on the west coast of Africa are required by customs officers at certain ports, from Sierra Leone to the river Gaboon, to deliver to them their register and crew lists, which are taken ashore to the serious inconvenience of such masters. You consequently ask whether captains in your service would be justified in refusing to comply with a demand for their ship’s papers to go out of their possession.

In reply I have to state that if the requirement of the custom-house officers referred [Page 548] to is authorized by the local law, it must be complied with until the law shall have been repealed. This Department is not informed as to the law on the subject at the ports to which you advert. It seems reasonable, however, that the officer who takes the papers of a vessel should give a receipt for them, but unless he should be required by law to take that course, it may be regarded as optional with him. As you speak of Sierra Leone as one of the ports where the objectionable practice of which you complain exists, the minister of the United States at London has been instructed to make inquiry upon the subject and to request that, if the step should not be sanctioned by law, orders may be given for it to be discontinued, at least in respect to American vessels.

I am, &c.,

W. HUNTER,
Acting Secretary.