I now enclose a memorandum detailing the circumstances of the incident
and should be grateful to know the views of the State Department on the
subject so that I may inform our Consuls accordingly.
[Enclosure]
The British Embassy
to the Department of State
Memorandum
On the afternoon of Saturday, August 13th, the “Firpark” being then
due to depart from port on the following day, the firemen refused to
raise steam and demanded their discharge. The State police
authorities, to whom he appealed referred the Master to His
Britannic Majesty’s Consulate-General at New Orleans on the grounds
that, as the ship flew a foreign flag, it was not within their
competence to intervene in the dispute. As a result of personal
investigation, His Majesty’s Consul-General satisfied himself that
the complaint prompting the attitude of the firemen reduced itself
to the fact that, on Saturday August the 13th, when they went to the
galley for their midday meal, they had found the food served in
dirty messtins. Although the tins had been cleaned an hour after
this incident, the men did not return for their food. The Master
assured Mr. Tom that the tins would in future be kept properly
clean. The latter therefore advised the firemen to return to work
and raise steam but without success. He thereupon invoked the aid of
the United States District Attorney who replied that, in his
opinion, the matter was one with which Mr. Tom himself was fully
competent to deal under Section 4081 of the United States Revised
Statutes to the exclusion of any [Page 988] authority or jurisdiction of the United
States. It should here be explained that His Majesty’s Consular
Officers are not authorised to proceed in disputes of this nature
beyond an effort to bring about an amicable settlement between the
parties concerned. Failing the success of their efforts, the only
course open to His Majesty’s Consular Officers is to summon a Naval
Court to deal with the matter under Sections 480–486 of the British
Merchant Shipping Act of 1894 and Sections 67 and 68 of the British
Merchant Shipping Act of 1906, copies of which are annexed
herewith60 for convenience of reference. In this
connection, however, His Majesty’s Consul-General at New Orleans had
occasion in December 1925 to address enquiries to His Majesty’s
Embassy regarding the attitude of the United States Government
towards the foregoing provisions of the British Merchant Shipping
Acts and Mr. G. H. Thompson, then a member of His Majesty’s Embassy
staff, was at that time given to understand, in conversation with
Mr. Vallance and Mr. Baker of the State Department that the United
States Government would not be prepared to recognise a Naval Court
summoned under these provisions. Consequently, in the present
instance, Mr. Tom hesitated to summon a Court although assured by
the District Attorney at New Orleans that the local United States
authorities would give effect to any decision which a Naval Court
might render in the case. The legal advisers to the
Consulate-General thus saw no alternative but to represent to the
Master of the “Firpark” that it was in his best interest to
discharge the recalcitrant seamen without penalties and engage
substitutes in their place. The Master reluctantly acceded to this
advice and on the evening of August the 16th the “Firpark” cleared
from New Orleans by which time it had already sustained a loss of
approximately $250.00 a day.
His Majesty’s Embassy have drawn attention at length to this incident
because it illustrates the embarrassing position in which His
Majesty’s Consular Officers and Masters of British ships are liable
to be placed in cases where the local United States Judicial
authorities refuse to take cognizance of disputes arising on board
British vessels and where, owing to the provisions of the United
States Immigration regulations, a Master cannot take immediate
disciplinary action by discharging members of his crew and serious
financial loss is thus occasioned to the owners of the vessel
detained in port.
In these circumstances, His Majesty’s Embassy would be grateful to
learn whether, on a further review of the situation, the United
States Government would not be prepared to express their willingness
to permit His Majesty’s Consuls in the United States, when necessity
arises, to summon a Naval Court in accordance with the relevant
provisions [Page 989] of the British
Merchant Shipping Acts accompanying the present aide memoire, and to recognise and give effect to the
findings of such a Court thereby obviating the recurrence of
untoward incidents similar to that under reference.
Washington
,
October 29,
1927
.
