Office of the Historian

EXHIBIT R.

Legation of the United States,
St. Petersburg, June 2 (14), 1894.

Your Excellency: I have the honor, in obedience with instructions from my Government, to inclose sundry papers relative to the seizure of the brig Cape Horn Pigeon, in substitution of the claim made by Thomas Scullen, master of the said brig, to the Russian admiral at Vladivostok on September 25, 1892.

You will observe that the statements of the memorial are fully substantiated by affidavits; that the items of damage are the same as those presented by Captain [Page 50] Scullun to the Russian admiral, but which at the time of that presentation were not sustained by affidavits as they now are.

The Cape Horn Pigeon was at the time of seizure, and still is, owned by American citizens.

She cleared from San Francisco December 7, 1891, for a whaling voyage, and the seizure took place on September 10, 1892, in the Sea of Okhotsk on the high seas, not within the jurisdiction of Russia.

The circumstances of the seizure are fully given in Captain Scullun’s affidavit.

The brig having been detained practically over the whaling season, great loss was occasioned thereby to the owners of the vessel aforesaid.

I would also call your excellency’s attention to the affidavits of Baker, Cleveland, and Lapham, all masters of whaling vessels, with large experience in the Okhotsk Sea, bearing on the above point and showing the loss incurred by the detention.

The other items for which claims are made will also be found among the inclosed papers.

It will also be seen that Captain Scullun, having informed the Russian authorities at Vladivostok that he intended to prefer a claim for damages, was requested by them to send in a claim, which he did, but the next day he was ordered by the Russian admiral to go to sea, and was towed to the mouth of the harbor by a Government tug.

An extract, in copy, from Captain Scullun’s log book, covering the period from the 23d of September to the 1st of October, 1892, inclusive, is herewith inclosed, and a copy also of the letter from Captain Scullun to the Russian admiral at Vladivostok submitting his claim.

In presenting this claim I am instructed by my Government to express its hope that an adequate indemnity will be allowed the claimants.

I avail myself of this occasion to return to your excellency the assurance of my most distinguished consideration.

Andrew D. White.

To His Excellency M. de Giers,
Imperial Minister of Foreign Affairs, St. Petersburg.

Embassy of the United States of America,
St. Petersburg, Russia.

I, Herbert J. Hagerman, second secretary of the embassy of the United States of America, do hereby certify that I have compared the foregoing copy of a note addressed to the Imperial Russian Ministry of Foreign Affairs by the Legation of the United States at St. Petersburg, Russia, with the original as entered in the archives of this Embassy and now on file, and that the same is a correct transcription of the original as so entered, and of the whole thereof.

In testimony whereof I have hereunto set my hand and affixed the seal of this embassy this 17th day of February, 1900.

[seal.]
Herbert J. Hagerman,
Second Secretary United States Embassy.