We beg now to inclose an additional affidavit from Captain Stubbs, the
master of the vessel, which we hope will throw some new light on the
affair.
In regard to the reference in Captain Stubbs’s affidavit to the United
States man-of-war Baltimore, and the reparation
made by Chile to the aliens aboard of her, we are aware that the analogy
is not perfect, as the Baltimore was a public
vessel, but it certainly seems clear to us, as private citizens, that
the Government should be as quick to protect our private persons and
property as it is to protect public property, and to protect even aliens
who are in the employ of American citizens on a private vessel.
We would respectfully urge that the Department will reconsider the
conclusions of its letter of April 10 and demand reparation for the
indignity and injury which has been inflicted upon the memorialists, our
clients.
[Inclosure.]
Affidavit of Captain Stubbs.
United States of
America,
City, County, and State of
New York, ss:
Abel F. Stubbs, of Brooklyn, N. Y., being duly sworn, says: I have
read the letter of Hon. Edwin F. Uhl, Acting Secretary of the
Department of State, dated Washington, April 10, 1894, in regard to
the matter of the schooner Henry Crosby.
In answer to some of the suggestions of said letter I desire to say
in regard to the reference to my failure to have aboard the vessel a
United States hydrographic chart of 1886, that I had aboard an
English chart of the locality, which is in use by all mariners. The
hydrographic chart of 1886 states, in a marginal note, that it is
taken from the English and Spanish charts, and contains no further
information about the port of Azua than does the English chart, as
will be seen by a comparison of the two charts.
In relation to the objection that Charles Smith is not an American
citizen, either by birth or naturalization, I call attention to the
fact that the United States did not hesitate to demand and recover
damages for an attack upon the sailors of the man-of-war Baltimore in Chile during the troubles there,
where many of the sailors aboard that vessel were injured while
ashore, and received compensation therefor through the intervention
of our Government.
In relation to the report of consular agent Hardy, I desire to make
the following statement: At the time of the outrage upon the
schooner Henry Crosby, Mr. Hardy, with
certain citizens of the United States, had obtained a concession
from Heureaux, President of Santo Domingo, for the building of a
sugar mill at or near Azua, with liberty to import into the country
all materials necessary for the construction of the mill, and free
of all duties or port charges to the vessel. The cargo of the Crosby was a portion of the machinery
intended for the mill. Upon the arrival of the vessel a claim was
made by the port authorities for the payment of port charges,
amounting to something over $900. Captain Hardy gave a bond to
secure this until [Page 233] he saw
the President. On meeting the President there at Azua, he said that
it hadn’t become a law, as his secretary had neglected to advertise
it in the Santo Domingo papers, but after that he would allow the
balance of the stuff to come in free.
When the Kearsarge arrived, Captain Hardy and
myself went aboard of her, and I made my statement to Captain
Heyerman in the presence of Captain Hardy, and Captain Heyerman
thought it was a very severe thing; he said he hadn’t heard anything
like it in his time. Some few days afterwards Captain Hardy was to
call for me and we were to go on board the Kearsarge together; Captain Hardy, instead of calling for
me, went on board the Kearsarge and was there
some three or four hours.
I ask that the Government will investigate Mr. Hardy’s relation with
President Heureaux, by reason of his concession from the President,
because I believe that his report to the Government, while
apparently frank and impartial on its face, is yet colored by his
interests to maintain his concession and secure the favor of the
Government.
In regard to the alleged revolution in Santo Domingo, I am informed
there was no revolution at the time of the Crosby affair. There was a man that had a feeling against
the governor of Azua, and he had made a bargain with five men that
he would give to either one or all of the persons who would kill the
governor $50 apiece; and he had paid $10 to three of them. Shortly
before the Crosby arrived, about a week
before, the governor was assassinated by these men on the highway.
This is the only public disturbance there was, so far as my
knowledge or information extends.
Sworn to before me this 26th day of July, 1894.
[
seal]
Fred’k Giblin,
Notary Public, Kings
County
.
(Certificate filed in New York County.)
