Sir Julian
Pauncefote to Mr. Olney.
British
Embassy,
Washington, January 16,
1896.
Sir: I have the honor to acknowledge the
receipt of your note of the 27th ultimo enclosing a copy of a letter
from the attorney-general
[Page 691]
of
Louisiana in relation to the case of James Bain, purser of the British
steamship Engineer.
I regret to find that the appeal which I ventured to make in this very
distressing case does not appear to have been considered by the governor
of the State of Louisiana, and that the attorney-general in his letter
ignores altogether the facts on which that appeal is based.
I beg leave to draw your attention again to the main features of the case
and to express the hope that you will press upon the authorities of
Louisiana the very strong claims which Mr. Bain has upon their sympathy
and liberality.
There can be no doubt that for some months prior to the event in
question, foreign ships and property were exposed to great danger owing
to the lawless proceedings of certain societies which attempted forcibly
to prevent the employment of colored laborers in the lading and unlading
of ships. Also that notwithstanding the appeals of foreign consuls
adequate protection was not afforded to the foreign shipping.
The rioters were allowed by the police to assemble in a building, where
they notoriously kept a “perfect arsenal,” as it has been described, of
revolvers, rifles, and other weapons.
On the 12th of March, 1895, while the lading of the steamship Engineer was proceeding and the purser, James
Bain, was stepping onto the wharf among the cotton bales, in the
execution of his duty, he was shot in the head and arm by a body of men
armed with rifles, shotguns, and revolvers, who, without provocation or
warning, attacked him and the laborers engaged in loading the ship.
Shots were fired across the ship, wounding a colored laborer in the
chest, and the marks of the shot were to be seen on the bulwarks. The
few policemen on the spot concealed themselves for safety behind the
cotton bales.
The personal injuries sustained by Mr. Bain are stated in the second
inclosure to this note.
A similar attack was made on the British steamship Merrimac, but fortunately the officers and crew were unhurt,
though the armed mob fired at the laborers on her deck.
Mr. Bain, as soon as he was able to leave the hospital, was removed to
England, and it can hardly be expected that he should have remained at
New Orleans when his ship sailed to prosecute the offenders, whom,
moreover, it was impossible to identify.
Article I, of the treaty of commerce and navigation between Great Britain
and the United States of 1815, provides that “the merchants and traders
of each nation, respectively, shall enjoy the most complete protection
and security for their commerce.”
It can not be said that on the occasion in question the British steamer
had any protection whatever from the armed mob which it was the duty of
the local authorities to restrain.
I can hardly doubt that upon a further consideration of the case of the
purser of the Engineer steps will be taken to
obtain for Mr. Bain the relief to which he is so justly entitled.
I have the honor to inclose in support of the statements contained in
this note extracts from documents in my possession relating to the case,
and I venture again to press the claims of Mr. Bain most strongly on the
favorable consideration of your Government.
I have, etc.,
[Page 692]
[Inclosure 1.]
Extract from a dispatch of Mr. Consul St.
John, New Orleans, to Sir
J. Pauncefote.
British Consulate,
New
Orleans, March 16,
1895.
It may be well to state a few facts showing that in public opinion,
at all events, the city authorities were very much to blame for
their want of action in this matter.
On the 14th instant I visited the British steamship Engineer.
While on board I was pointed out a large red brick building situated
at the corner of Decatur and St. Philip streets, on the ground floor
of which is a barroom.
I was informed by the captain and crew that on the Monday (the riot
took place on the Tuesday) it was an open secret that this building
was a perfect arsenal, containing revolvers and Winchester rifles
belonging to screw men. It was the topic of conversation on the
wharves, and yet the police took no notice. On the Tuesday morning,
therefore, the riotous screw men had only just to help themselves
and begin the shooting, a pistol shot being the signal for an attack
on the negroes.
Whether the shot that struck the purser of the Engineer was aimed at him, or whether he happened to be in
the line of fire, is as yet uncertain, but it is an undoubted fact
the purser was at that time in the execution of his duties among the
cotton bales at the ship’s side, and that when he fell five or six
policemen, instead of affording him protection, turned their backs
upon him and hid themselves behind the bales for safety. Shots,
moreover, were fired at the ship and across her decks, wounding a
colored laborer in the chest. The marks of the shot on the ship—that
is to say, on the bulwarks on the other side of the deck—were
pointed out to me by one of her officers.
[Inclosure 2.]
Extract from letter of Mr. James R. Bain, purser of British steamship
Engineer, to Mr. Consul St. John.
Shortly after 7 a.m. on the 12th instant, while stepping onto the
wharves, in the discharge of my duty as purser, I was shot and
wounded in several parts of my head and in my right arm by a body of
men armed with rifles, shotguns, and revolvers, who, without
provocation or warning, came up the wharves and attacked me and the
laborers at said steamship.
I was unconscious and sent to the hospital, where I have been under
treatment of the doctors and have suffered and still suffer much
from my wounds. One of the shot entered above my right eye and
lodged behind it and can not be extracted, and it may yet cause me
the loss of the sight of that eye.
Considering my hospital expenses, the wantonness of the attack, and
the suffering I have had to endure and still endure from my wounds,
I consider that I am entitled to compensation.
James H. Bain,
Purser of the British steamship
Engineer.
[Inclosure 3.]
Extract from joint letter of
various agents of steamship companies to Mr. Consul
St. John.
As to the British steamship Merrimac, the
facts are that this morning, at about 7 o’clock, an armed mob rushed
from the corner of Philip street, at the foot of which said
steamship was lying, and approaching within easy range of the ship
fired at the laborers on her decks. Luckily, no loss, of life nor
wounding occurred, but one electric light in the engine room was
broken by a bullet, and the ship bears several bullet marks on her
chart room and elsewhere. The laborers, as the result of this
attack, rushed for cover to the holds and elsewhere, where they are
still concealed and virtually prisoners. Upon a second attack later
in the morning one of the laborers connected with the loading of
said steamship was killed on the wharf. One of the leaders of the
mob attempted to board the ship, revolver in hand, but upon the
protest of the master departed.
[Page 693]
[Inclosure
4—Memorandum.]
Mr. Consul St. John states that the property of foreign shipowners,
merchants, and others has been exposed to constant dangers in the
port of New Orleans during several months past, owing to the lawless
proceedings of certain societies of laboring men, who arrogate to
themselves the sole right to work upon the levee front of the port,
and who incite to the commission of crimes against persons and
property, including murder, personal violence, and intimidation.
Appeals to the city and State authorities have been made in vain. The
consular corps telegraphed on or about the 12th of March, 1895, to
the governor of the State, notifying him of the rioting and
lawlessness and requesting protection.
Mr. St. John states that a large red brick building was shown him at
the corner of Decatur and St. Philip streets, on the ground floor of
which is a barroom. It was an open secret that this building was a
perfect arsenal, containing revolvers and Winchester rifles
belonging to screw men. It was the topic of conversation on the
wharves, and yet the police took no notice. On the morning of the
riot the screw men had merely, therefore, to help themselves, and to
begin shooting.
Mr. Bain states that shortly after 7 a.m., while stepping onto the
wharves in the discharge of his duties as parser, he was shot and
wounded.
The case was brought unofficially to the notice of Mr. Olney on
August 10 last.
