Sir Julian Pauncefote to Mr. Blaine.

Sir: Her Majesty’s consul at Baltimore has reported to me that the British steamship Oxford has lately arrived at that port manned by a Chinese crew. These men were engaged at Hongkong and are stated to be British subjects. The port authorities have, however, warned the master of the vessel that any member of his crew who lands will, under the existing law, be liable to arrest.

I can not but think that the action taken against these men by the port authorities at Baltimore will not be supported, and I venture to express the hope that instructions may at once be sent to them to withdraw the prohibition.

In connection with this case I venture to draw your attention to the following extract from a judgment of the Supreme Court of the United States delivered on the 25th of May last by Mr. Justice Field in the case of Ross vs. McIntyre, No. 1683 (October term, 1890).

The position that the petitioner being a subject of Great Britain was not within the jurisdiction of the consular court is more plausible, but admits, we think, of a sufficient answer.

The national character of the petitioner for all the purposes of the consular jurisdiction was determinable by his enlistment as one of the crew of the American ship Bullion. By such enlistment he became an American seamen, one of an American crew on board an American vessel, and as such entitled to the protection and benefits of all the laws passed by Congress on behalf of American seamen and subject to all their liabilities. Although his relations to the British Government are not so changed that after the expiration of his enlistment on board of the American ship that Government may not enforce his obligation of allegiance, and he on the other hand may not be entitled to invoke its protection as a British subject, that relation was changed during his service of seaman on board of the American ship under his enlistment. He could then insist upon treatment as an American seaman and invoke for his protection all the power of the United States which could be called into exercise for the protection of seamen who were native born.

Thus, according to this decision, the men on board the Oxford even it they were not natural born or naturalized British subjects would by virtue of their enrollment as seamen onboard a British ship be entitled to the privileges enjoyed by British subjects in the ports of the United States.

I have, etc.,

Julian Pauncefote.