No. 54.
Mr. Jenks to Mr. Bayard.
Department of Justice,
Washington, September 26,
1888. (Received September 27.)
Sir: I have the honor to transmit herewith a
copy of a letter of the 7th instant, from the United States attorney for
Alaska, relative to the bonding of the condemned sealing vessels Dolphin, Grace, Anna Beck, and Ada, also a copy of a letter of the 10th instant from T. J.
Hamilton, United States marshal for Washington Territory, whom Marshal
Atkins, of Alaska, has appointed as his deputy in the case. Mr. Hamilton
reports that the four vessels are safely moored at Port Town-send, and
will be held subject to further instructions touching their sale.
Suggesting that as the season advances the probability of realizing a
fair price for the vessels will be correspondingly diminished, and that
the expenses attending their retention by the marshal are constantly
accruing, I respectfully refer the correspondence for your consideration
and such recommendations as you deem proper as to the propriety of their
speedy disposal by sale.
Very respectfully,
G. A. Jenks,
Acting Attorney-General.
[Inclosure No. 1.]
Mr. Hamilton to
Mr. Garland.
District of Washington Territory,
Office of United
States Marshal,
Seattle,
Wash., September 10,
1888.
Sir: I have the honor to state that on the
7th instant Barton Atkins, esq., United States marshal for Alaska,
transferred to me the custody of the condemned schooners Grace, Dolphin, Anna Beck, and Ada, and appointed me his deputy in the usual
form, and delivered to me the original writs of venditioni exponas issued from the United States district
court of Alaska for the sale of said schooners. The vessels are
safely moored at Port Townsend, and will be held subject to
instructions from the Department touching their sale, or other
disposition of the same.
Very respectfully,
T. J. Hamilton,
United States Marshal.
[Inclosure No. 2.]
Mr. Grant to
Mr. Garland.
District of Alaska, District Attorney’s
Office,
Sitka, September 7,
1888.
Sir: Yours of August 10, received and
noted, directing me to take such steps as will lead to the bonding
of the four English vessels, Dolphin, Grace, Anna
Beck, and Ada. I don’t know that you
understand the situation of these cases. No defense was made in
them, except the demurrer of Mr. Drake’s, which was never filed at a
pleading. No claim was ever made on the records. In fact no action
ever taken that justified them in appearing at all. Two terms of
court have passed since, and no action taken. Of course if they come
in and ask to appear and make defense and to bond, etc., I will act
according to your suggestion; but it will be a queer-looking record
if the court allows them to come in now. The property was all
appraised. I am informed that they bonded one vessel on the sound,
but refused to bond the others because appraised too high.
In the meantime the order for sale will be recalled when the marshal
returns.
Mr. Drake filed a stipulation with Mr. Delaney, acting for the United
States that if a decree of forfeiture was entered the vessel should
be sold below. That is the only paper filed. Drake wouldn’t let his
name appear as attorney. If the parties appear here, however, I will
try and help them make a record as desired.
Respectfully,
Whit. M. Grant,
District Attorney.
