No. 226.
Mr. Bayard to Sir L.
West.
Department of State,
Washington, October 20,
1886.
Sir: Permit me to ask you to draw the attention
of your Government to the case set forth in the inclosed affidavit of
Murdock Kemp, master of the American fishing vessel Pearl Nelson, of
Provincetown, Mass., which has been subjected to treatment, by the
customs officials at Arichat, Nova Scotia, inconsistent with the
international law of ordinary amity and hospitality, and also plainly
violative of treaty rights under the convention of 1818 between Great
Britain and the United States.
The vessel in question was compelled by stress of weather to seek shelter
in the harbor of Arichat, Nova Scotia, and arrived late at night, when
the custom-house was closed.
Before the custom-house was opened the next day the captain went there,
and after waiting over an hour the collector arrived, and the usual
inward report was made and permission asked to land the clothing of a
sailor lost overboard, whose family resided in that vicinity.
He was then informed that his vessel was seized for allowing his crew to
go ashore the night before before reporting at the
custom-house.
The cruel irony of this was apparent when the collector knew such report
was impossible, and that the landing of the crew was usual and
customary, and that no charge of smuggling had been suggested or was
possible under the circumstances.
To compel the payment of a fine, or “a deposit” of $200, which is
practically the same in its results, was harsh and unwarranted, and was
adding a price and a penalty to the privilege of shelter guaranteed to American fishermen by treaty.
This vessel was a fishing vessel, and, although seeking to exercise no
commercial privileges, was compelled to pay commercial fees, such as are
applicable to trading vessels, but at the same time was not allowed
commercial privileges.
I beg you will lose no time in representing the wrong inflicted upon an
unoffending citizen of the United States, and procure the adoption of
such orders as will restore the money so compelled to be deposited.
I am, sir, &c.,
[Page 422]
[Inclosure in note of October 20,
1886.]
Affidavit of Captain Kemp, of the schooner Pearl
Nelson.
United States of
America,
District of
Massachusetts:
I, Murdock Kemp, of Provincetown, in Massachusetts, a citizen of the
United States, on my oath do say that I was master and part owner of
the schooner Pearl Nelson, a vessel of the United States duly
licensed _______, 1886, for the fisheries, and holding a permit to
touch and trade during the existence of said license.
I further say that the crew of said vessel were shipped on wages at
Provincetown and Boston for a fishing voyage to the Grand Banks and
return to Provincetown for discharge. Said schooner, with license
and permit as aforesaid, sailed May 29, 1886, from Provincetown, and
on her passage home touched at Arichat, Cape Breton, driven in there
by stress of weather. Sailed by the wind from Bank Quero, and
blowing fresh, a heavy sea running, and foggy, made Point Michaux, 9
miles from Arichat. The vessel was deep; her dorys floated on deck
in her lee waist, wind being about west. I concluded to make a
harbor and wait for better weather and wind. I anchored the vessel
in Arichat Harbor at 11 p.m., September 7, 1886. I had lost a man on
the Grand Banks, named James Sampson, who belonged to Arichat, and I
wanted to land his effects if the customs officers would allow me
to. Some of my crew belonged in that neighborhood. William Babins,
my cook, and nine others of the crew took boats off the deck and
went ashore without asking my permissiou. I saw them, but had never
known there was any objection. I had been in this and other British
North American ports frequently and witnessed the landing from my
own and other vessels’ crews, but never before heard such landing
was illegal or improper. These men took nothing from the vessel with
them, nor carried away anything but the clothes’ they wore.
From the time I left Provincetown I had been into no port anywhere.
Next morning after my arrival in Arichat, at 8½ o’clock, I went
ashore to enter at the customhouse, and found it closed. I called at
9 o’clock and it was not open. I went again at 10 o’clock and found
the collector opening the office door. I made the regular inward
report to him and requested permission to land the clothes of James
Sampson, who had been lost from my vessel on the Grand Banks. He
told me he had sent a man for me. After I got there this man came
in. The officer was holding my papers and told the man to go back
and take charge of the vessel. I asked him why he held my papers; he
replied he seized her because I had allowed my men to go ashore
before reporting at the custom-house; that all he would tell me was
he said he would telegraph to Ottawa and find out what to do with
me; and he did telegraph immediately. About 5 o’clock p.m. the
collector received an answer, and told me to deposit $200 and the
vessel would be released. The collector would not allow me to land
this dead man’s clothes until after I had paid the $200 fine. I gave
the clothes to the shopkeeper to give to Sampson’s widow or friends.
I came out of Arichat about 11 a.m. on the 8th of September, 1886,
having bought there one bushel of potatoes with the collector’s
permission, and arrived at Provincetown September 14, 1886. I sailed
from Arichat with all my crew on board, and had not at any time
intended to leave any of my crew at that port. They were hired men,
shipped to be discharged on return at Provincetown, and on our
arrival there were all paid off and discharged.
Some of the crew that went ashore at Arichat returned aboard as early
as 7 o’clock and all were aboard about the time the vessel was
seized. I gave them no money there and had none myself. I further
say I did not enter Arichat with any intention of violating any law
of the Dominion of Canada, nor for any business, but solely because
of the stress of weather that had driven me there. It was mere
kindness only that prompted me to offer to land Sampson’s clothes
there where his friends could get them. There was no profit to the
vessel, crew, or myself expected in so doing, or attempted to be
gained in entering the port of Archat other than shelter from the
stress of weather we had been under from Quero Bank. If any revenue
law of Canada was violated by my vessel or by myself, the same was
done through ignorance and inadvertence and not with any intention
to defraud the revenue or offend the laws.
Personally appeared before me Murdock Kemp, at Provincetown,
State of Massachusetts, U. S. A., this 27th day of September,
1886, who subscribed and made oath to the foregoing.
[
seal.]
JAMES
GIFFORD
.
Notary
Public.
