EXHIBIT I.

Protocol.

On the 29th of August (September 10), 1892, at 3 a.m., in 46° 33’ latitude north and 146° 30’ longitude east, on board the schooner Maria, under command of Lieutenant von Cube, a bark was sighted, lying to, which, upon the approach of the schooner, hoisted a white light and under this a red light. An officer was at once sent from the schooner in a ship’s boat to request the captain of the bark to report aboard the schooner with his sailing papers. When the captain, Thomas Scullun, had been questioned and his papers examined, it was found that the American bark Cape Horn Pigeon was engaged in whaling in the Sea of Okhotsk, and moreover, from the points indicated on the chart, it was evident that she had entered the Gulf of Aniva and of Patience, and that her general course was in a direction to the southeast of the island of Tuleny. The captain of the bark declared that he had mistaken the Russian schooner for the American schooner Mary H. Thomas, which was engaged in whaling and sealing, that he was waiting to communicate with her, and to this end had hoisted the signal agreed upon. It was announced to the captain of the bark that he would be conducted with said bark to Vladivostok for investigation into the question of his right to engage in such industry and to sojourn in our waters.

The crew of the American bark was transferred to the schooner, and the crew of the Russian schooner to the bark; Captain Scullun, with his servant and steward, were left aboard the bark. At 10 o’clock in the morning the two vessels weighed anchor and repaired to Vladivostok.

  • Ensign Simansky.
  • Lieutenant von Cube.

I, the undersigned, Thomas Scullun, master of the Cape Horn Pigeon, declare that I agree with the statement of the facts in this act, with the exception of the lines marked with red ink, which I reject because—

  • First. I called in the bays of Aniva and Terpenia two years ago to get water, and not this season, and during my five years’ cruise in these waters never sighted Robben Island; and,
  • Second. I was told by the officer who seized the bark that I was taken for whaling in the Okhotsk Sea, and that he would not have taken me if I had not had whales on board.

Thomas Scullun,
Master Bark Cape Horn Pigeon.