Messrs. Goodrich, Deady & Goodrich to Mr. Gresham.

Dear Sir: The sickness and absence of members of our firm, covering several months of time, must be our excuse for apparent neglect of the interests of our clients in answering the Department’s letter of April 10, relative to the schooner Henry Crosby.

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.

The assault on the flag carried by the Henry Crosby may be explained and apologized for to the Government, but it seems to us as if reparation should also be made to the private citizens who were also assaulted and fired upon by the authority of a foreign government. This would seem to be the protection owed to its citizens.

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.

Yours, respectfully,

Goodrich, Deady & Goodrich

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.

A. F. Stubbs.

Sworn to before me this 26th day of July, 1894.

Fred’k Giblin,
Notary Public, Kings County

(Certificate filed in New York County.)