No. 555.
Mr. Bayard to Sir L. S. Sackville
West.
Department of State,
Washington, February 14,
1888.
Sir: I have the honor to inclose herewith a
copy of a letter from the Attorney-General, transmitting a copy of a
letter to him, dated the 3d instant, from the United States attorney at
Norfolk, Va., in relation to the misconduct of the commander of the
British steamer North Erin when a deputy United
States marshal attempted to serve process upon him, on the 2d instant,
while the North Erin was inside Cape Henry,
Virginia, and within the jurisdiction of the United States.
Should you deem it proper to do so, I will thank you to bring the matter
to the attention of Her Majesty’s Government with a view to its being
laid before the proper authorities for such action, if any, as they may
be authorized to take, should they find the facts to be as stated, and
the laws and regulations in relation to shipping make provision for the
correction of the misconduct of officers of merchant vessels under such
circumstances as the present case presents.
I have, etc.,
[Inclosure 1.]
Mr. Garland to
Mr. Bayard.
Department of Justice,
Washington, February 9,
1888.
Sir: I have the honor to send you, for your
information, a copy of a letter of the 3d instant from Mr. Gibson,
attorney of the United States for the eastern district of Virginia
in relation to the conduct of the commander of the British steamer
North Erin when a deputy United States
marshal, in whose hands was an attachment against the vessel,
attempted to go aboard the latter.
Very respectfully,
A. H.
Garland,
Attorney-General.
[Inclosure 2.]
Mr. Gibson to
Mr. Garland.
Norfolk Va., February 3, 1888.
Sir: I have the honor to report that on the
2d instant Reynolds Bros., of Norfolk, Va., sued out a libel in the
United States district court of this judicial district against the
steamer North Erin, a British vessel bound to
Liverpool, England, for the sum of $14,231, in the cause of
contract, civil and maritime.
On the same day an attachment was sued out of said court against said
vessel, and was placed in the hands of John I. Sullivan, special
deputy United States marshal eastern district, Virginia. This vessel
then being on her way to some foreign port, the deputy marshal
chartered a tug-boat and proceeded the same evening to Cape Henry,
Virginia, to intercept the vessel and levy the attachment. As the
steamer was nearing the cape the deputy marshal went to her in a
boat, hailed the captain, and told him he wished to go aboard. As he
got alongside of the steamer the captain gave orders to increase her
speed and threw out a ladder to enable the pilot then on board the
steamer to leave her and go in the boat in which the deputy marshal
was. The deputy marshal started up the ladder and told the pilot
that he was a deputy United States marshal and wanted to see the
captain on business. One of the crew called out to the captain that
a United States officer wanted to board his vessel. The captain
ordered his crew to throw the marshal off. As the marshal tried to
climb the ship the crew lowered him down. This movement was twice
repeated. On his third attempt to board, the marshal reached and
grasped the ship’s railing with his hand. The rope was then untied,
the ladder was thrown over, and the marshal was pushed from the
vessel. The marshal fell some 20 or 30 feet, and fortunately fell
into a boat of the pilot-boat William Graves.
Had he not done so the suction of the moving steamer would almost
inevitably have drawn him under. The pilot was carried off in the
captain’s steamer.
The name of the captain of the steamer was John Owens. His vessel was
loaded at West Point, Va., with cotton for Liverpool.
Very respectfully,
J. C.
Gibson,
United States
Attorney.
