EXHIBIT Y.
Declaration.
We, the undersigned, master, officers, and crew of the bark Cape Horn Pigeon, of New Bedford, Massachusetts, U. S. A., hereby declare and make statement as follows:
The said bark sailed from the port of San Francisco on the 7th of December, 1891, on a cruise for whales, the ship being solely and exclusively fitted for that purpose, [Page 83] and all of us having agreed to go on shares in the oil and bone caught during the cruise, which was to terminate at said port this autumn.
Sailing across the Pacific Ocean, the ship cruised in the Yellow and Japan Sea, and called at the port of Vladivostock in the beginning of July for provisions and water. Leaving that port on the 6th July we proceeded to the Okotchk Sea, passing the Laparouse Straits on the 13th July, nearest land on Sagalien Island, Cape Crillon bearing N. by E. and Cape Siretoko bearing due N., the former being 20 miles and the latter cape 30 miles distant. Since that date until the date of our seizure we cruised between latitudes 47° 34’ and 44° 47’, and distant from land 30 to 100 miles, catching two whales.
On the 10th day of September at 4 a.m., the ship lying-to under small sails, and being then in latitude 46° 30’ and longitude 146° 35’, the nearest part of Sagalien Island being 126 miles and Yetarup Island being about 84 miles distant, a boat from a schooner came alongside, and a Russian naval officer came on board and demanded the ship’s papers and the captain’s presence on board of the schooner. The captain accompanied the officer accordingly, and soon returned on board of our ship with two Russian naval officers and armed Russian sailors, who then took possession of the ship and sent all of us on board of the schooner with the exception of the captain, steward, and a boy, ordering us to proceed to Vladivostock, which we did, arriving there on September 15th.
We were left on board of the schooner lying in the harbor until the arrival of the Cape Horn Pigeon, on the 18th instant, with our captain on board. On the evening of that date we were taken on shore and landed on the beach without food and shelter.
The above statement we declare to be true, and are ready at any time to confirm the same by oath before any authority or court.
We further declare the seizure of our ship to be illegal, believing it to be an act not sanctioned by international law, and, in our opinion, unwarranted and unjustified, and we therefore believe that we are entitled to compensation and indemnity, which we hereby declare that we shall demand from the Government concerned.
- 1st.
- For the loss of the ship and cargo.
- 2nd.
- For the loss of the season.
- 3rd.
- Compensation for bringing the Government schooner to Vladivostock; and
- 4th.
- For wages from the date of seizure until our arrival at San Francisco with a free passage to that port.
- Thomas Scullun, Master.
- William H. Young, Chief Mate.
- Antonio Margarida, Second Mate.
- George H. Peckham, Third Mate.
- William. H. Griffith, Fourth Mate.
- John E. (his x mark) Smith, Carpenter.
- Peter Johnson, Sailmaker.
- Samuel McIntyre, Boat steerer.
- Thomas Oliver, Boat steerer.
- Peter (his x mark) Layton, Boat steerer.
- Jose (his x mark) Suza, Boat steerer.
- James McGregor, Seaman.
- William Macdonald, Seaman.
- Felix de Castro, Seaman.
- Joaquin Pangenan, Seaman.
- Jose Guinata, Seaman.
- John Peters, Seaman.
- Marana Manalousa, Seaman.
- Jose (his x mark) Menzala, Seaman.
- John (his x mark) Sablan, Seaman.
- Ben (his x mark) Chickeno, Seaman.
- Ben (his x mark) Kintenelior, Seaman.
- Bonavin (his x mark) Ascencion, Seaman.
- Pedro (his x mark) De Bonha, Seaman.
- Pedro (his x mark) La Croide, Seaman.
- Felice (his x mark) Do Castro, Seaman.
- Joseph (his x mark) Carter, Seaman.
- Nicolas (his x mark) Porter, Cook.
- Manuel (his x mark) Felix, Seaman.
- Manuel (his x mark) January, Seaman.