No. 597.
Mr. Lothrop to Mr. Bayard.

No. 126.]

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.,

George T. Lothrop.
[Inclosure 1 in No. 126.—Transalation.]

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 all.

Length of the schooner feet 51
Breadth of tile schooner do 20
Water displacement Tons 44

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.

Personally signed.

President of the committee, captain of the second rank:


Members of the committee:

  • Lieutenant Popoff,
  • Poruchick Zim,
  • Under Lieutenant Fedotoff,
  • Lieutenant Korobschik.


Commander of the clipper Cruiser, captain first rank:


Compared with the original:

Senior flag officer:

Lieutenant Rodionoff.


[Page 967]
[Inclosure 2 in 126.—Translation.]

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 same.

[Signed] Commander of the clipper Razbormik.

Lieutenant-Captain Hildebbandt.

Lieutenant Parenoff.


Revisor Young.


Secretary Midshipman