Mr. Lothrop to Mr. Bayard.
the United States,
June 22, 1887.
(Received July 9.)
Sir: In answer to my note of April 11 last, asking
for information as to the precise places of seizure of the schooners Eliza and Henrietta,
severally, and also for copies of the minutes or records of the courts that
condemned the said schooners, including the charges, evidences, and other
proceedings, I have now received from the imperial Government copies of the
“protocols” in each of said cases.
It will be seen that the tribunal that confiscated the schooner was made up
of the officers of the capturing vessel, and that the evidence on which they
claim to have acted was furnished by their own observation, the papers or
want of papers of the schooners, and the admissions of their masters.
I inclose the copies furnished to me with translations of the same.
I am, etc.,
[Inclosure 1 in No.
Protocol in the case of the “Henrietta.”
We, the undersigned, do certify, that the 17th of August, 1886, in the
Behring Sea, laititute 65° 55′ N., and longitude 190° 4′ E., was met a
two-master schooner carrying the American flag.
Upon examination of her, as also her documents, it was found that this
schooner belonged to the town of San Francisco, was the property of
James Sennett, was called the Herietta, under the
command of Benjamin Defter; was going from the region of the Territorial
waters to Cape Chaplin, part of the Russian possessions. On the schooner
besides the crew were six Chutktchees from Cape Chaplin. According to
the journal, and as acknowledged by the commander, it is, seen that the
schooner Henrietta was engaged in trading without
license on the Russian coast, viz, in the bay of St. Laurentia,
Providence, and at Capes Chaplin and Eastern; besides this, upon
examination of the schooner there was found on board about one pood (36
pounds) of gunpowder, two guns, more than two thousand cartridges of
different kinds, lead one pood (10 pounds), small shot and percussion
caps. The cargo did not correspond with the bill of lading, the journal
was not written up properly, and the last days had not been entered at
|Length of the schooner
|Breadth of tile schooner
The cargo consisted of 4,000 pounds of whalebone, three barrels of walrus
tusks, furs, and various small articles; taking into Consideration all
the foregoing, we have decided to confiscate the schooner to the benefit
of the Russian Government, August 17–29, 1886.
President of the committee, captain of the second rank:
Members of the committee:
- Lieutenant Popoff,
- Under Lieutenant Fedotoff,
- Lieutenant Korobschik.
Commander of the clipper Cruiser, captain
Compared with the original:
Senior flag officer:
[Inclosure 2 in
Protocol in the case of the “Eliza.”
Of the confiscation, at the mouth of the river Anadyr, near Cape
Observatory, of the American schooner Elizu
The 14–26th June, 1884, at the mouth of the river Anadyr, near Cape
Observatory, Lieutenant Parenoff, of the Imperial clipper Razbornik, under the Command of
Lieu-tenant-Captain Hiltebrandt, inspected the American schooner at
anchor, Elizu, Captain Austin Weston, upon which
was found, in the hold, unlawful merchandise, such as turn, fire-arms,
etc., Amongst the ship’s papers was not found any bill of lading or port
clearance. As seen by the ship’s journal and acknowledged by the
captain, the above-named schooner carried on trade With strangers in
different parts of the Russian northwest coast, without having any
license for this from the governor of Eastern Siberia, and besides this
trading in prohibited Hoods; therefore, by order of the Government,
published in the English language three years ago, and instructions
given, I order:
- The above-named schooner Eliza, with
all that belongs to her and her cargo, to be confiscated at once
to the benefit of the Russian Imperial Government.
- The captain and part of the ship’s crew of the schooner to be
taken on board the clipper as passengers, with their personal
effects belonging to them, until the first meeting with a
commercial vessel having lawful rights, or until they arrive at
one of the ports having postal communication.
- The confiscated schooner to be sent to Vladivostok for
delivery to the port; and,
- To hand the Captain, Austin Weston, a copy of this protocol in
the English language, and to get a receipt from him for the
[Signed] Commander of the clipper Razbormik.