In conclusion I have to express my best thanks to you for the invariable kindness and sympathy with which you have listened to the pain. ful accounts which it has been my duty to lay before you of the sufferings of the persons for whose benefit the grants have been made. I have, etc., JULIAN PAUNCEFOTE. VIOLATION OF UNITED STATES IMMIGRATION LAWS BY THE PLACING OF STOWAWAYS ON THE CREW LIST OF THE BRITISH STEAMSHIP "CUBAN." Sir Julian Pauncefote to Mr. Olney. BRITISH EMBASSY, Washington, May 16, 1896. SIR: I have the honor to bring to your notice that I have received a report from Her Majesty's consul at New Orleans to the effect that two men originally found as stowaways on board the steamship Cuban were, on leaving Liverpool, put on the ship's articles and enrolled as members of the crew, certain duties being assigned to them and their wages fixed at 30 shillings a month; that on the arrival of the Cuban at New Orleans the men were in the regular performance of their duties. Nevertheless, they were treated by the customs authorities as alien pauper immigrants, and eventually-the men having deserted, notwithstanding that all possible precautions were taken-the master of the Cuban was fined $300. I understand that the case and the correspondence relating thereto are now before the Treasury Department, and as the proceeding in this matter appears to be contrary to the ruling of the United States courts and to the Treasury instructions on the subject, I trust that orders may be issued for the remission of this fine. I have, etc., JULIAN PAUNCEFOTE. No. 410.] Mr. Olney to Sir Julian Pauncefote. DEPARTMENT OF STATE, EXCELLENCY: Referring to your note of the 16th ultimo, relative to the application of the master of the British steamship Cuban for the remission of a fine of $300 imposed upon him for a violation of the immigration laws of the United States, I have the honor to inclose for your information a copy of a letter of the 3d instant from the Assistant Secretary of the Treasury, in which he sets forth the grounds upon which he feels constrained to decline to remit the fine complained of. You will observe that Mr. Curtis states that the collector of customs at New Orleans has been instructed to refrain from proceedings for the enforcement of an additional fine of $300 incurred in the case. I have, etc., RICHARD OLNEY. [Inclosure to No. 410.] Mr. Curtis to Mr. Olney. TREASURY DEPARTMENT, OFFICE OF THE SECRETARY, SIR: I have the honor to acknowledge the receipt of your letter dated the 22d ultimo, transmitting, for the information and considera tion of this Department, a note from the British ambassador at Washington relative to the case of the master of the British steamship Cuban. The ambassador remarks that as the proceeding in the matter appears to be contrary to the ruling of the United States courts, and to the Treasury instructions, he trusts that orders may be issued for the remis sion of the fine. The case has heretofore been considered by this Department, and on the 21st ultimo the collector of customs at New Orleans was advised that the Department would not remit the fine of $300 imposed, but would authorize him to refrain from proceedings for the enforcement of an additional fine of $300 incurred in the case. The collector reported, under date of the 12th instant, that two persons of the objectionable classes enumerated in the acts of March 3, 1891, and March 3, 1893, paupers and criminals, desiring to emigrate to the United States, attempted to procure employment in the crew of the steamship Cuban, with the presumable purpose of deserting after arrival of the vessel in the United States; that being refused employment in the crew of the said vessel, they concealed themselves on board as stowaways, and being discovered after the vessel was at sea, were permitted to sign the ship's articles, and were enrolled as members of the crew; and that on their arrival at New Orleans, and the facts becoming known to the Government officers, the men were ordered to be detained on board the vessel and to be deported by the Cuban, but that they escaped and are now at large. Masters of vessels at New Orleans seem to be of opinion that the placing of a stowaway on the crew list is one of their prerogatives, and that such action will prevent future trouble in connection with the immigration laws. The case has been the same at other ports, at each of which it became necessary to enforce the penalties prescribed by the act. Apparently the captain has deliberately violated the law of his own Government, with a view also of violating ours, and this Department, therefore, can not see its way to order a further reduction of the penalties imposed by the collector than that above specified. A copy of the Department's instructions to the collector is inclosed herewith for your further information. Respectfully, yours, W. E. CURTIS, [Subinclosure in No. 410.] Mr. Hamlin to the Collector of Customs at New Orleans. TREASURY DEPARTMENT, OFFICE OF THE SECRETARY, Washington, D. C., May 21, 1896. SIR: This Department is in receipt of your report, dated the 12th instant, on an application of James L. Bertie, master of the British steamship Cuban, for relief in the matter of a penalty of $300, stated to have been incurred through a violation of section 10 of the act of March 3, 1891, and of section 5 of the act of March 3, 1893. The facts are understood to be substantially as follows: The steamship Cuban left Liverpool for New Orleans April 15, 1896; on the second day out two stowaways were found aboard the vessel-Patrick Downey and Michael Cavanagh-both of whom had applied before the departure of the Cuban to ship as members of the crew, but had been refused by the chief officer; the master, some time during the voyage, placed the names of these men on the crew list, and permitted them to sign the ship's articles for the voyage to New Orleans and return to Liverpool. Upon arrival of the vessel at New Orleans, these facts came to the knowledge of the immigrant inspector, and at a meeting of the board it was ordered as follows: "After hearing the statements of Inspector Montgomery, Customs Inspector W. E. Kirk, Capt. James Bertie, and the defendants themselves, it is the judgment of this board, based on the law and the evidence submitted, that the two above-named defendants are stowaway paupers and persons likely to become public charges. As such it is ordered that they be remanded to the custody of Captain Bertie, of the steamship Cuban, to be deported on that vessel upon her next sailing to the country from whence they came." It was contended by Captain Bertie, as well as by the British consul, that the persons named were not immigrants, but duly enrolled members of the crew of the vessel, and for such reason not subject to the provisions of the immigration laws of the United States. But, as from appearance both stowaways were under age; as upon their own admission both had been recently arrested before leaving Liverpool; as both had admitted that they intended to remain in the United States if possible; and as both had been apprehended in an attempt to leave the vessel, the board felt justified in issuing the order above cited. As shown in the application, the two men have since escaped from the vessel and are now at large. Your report shows that the applicant does not claim ignorance of the immigration laws; that he understood or had opportunity to ascertain, before enrolling these men as members of his crew, their character, condition, and purpose in concealing themselves on board of his vessel after having been refused employment by his chief officer; and that it had come to be believed by the masters of vessels trading to New Orleans that the placing of stowaways on the crew list "is one of their prerogatives," and will prevent trouble in connection with the immigration laws. It is apparent that an effort was made to violate the immigration laws of the United States, and also, as the Department understands, the laws of Great Britain governing such cases. Two fines of $300 each were incurred. The Department declines to intervene further than to authorize you to refrain from proceedings for the enforcement of the additional fine of $300. The Commissioner of Immigration suggests that you invite the attention of the British consul to the British shipping laws, which he thinks provide that the crew must be enrolled before the vessel sails, and that no addition can be made at sea unless by death, accident, or other disability a seamen is unable to perform his duty. He states that in the present case he has no doubt that it was by the order of the British consul that the master was not permitted to confine the men. You may take action according to the Commissioner's suggestion. Respectfully, yours, C. S. HAMLIN, Assistant Secretary. Sir Julian Pauncefote to Mr. Olney. BRITISH EMBASSY, Washington, July 26, 1896. SIR: I have the honor to acknowledge the receipt of your note No. 410, of the 5th ultimo, in which you inclose copy of a letter from the Assistant Secretary of the Treasury, stating that he must decline to remit the fine of $300 imposed on the master of the steamship Cuban on the ground of a violation of the immigration laws. The case presents some features of hardship which I desire to bring to your attention, in the hope that on further consideration a more indul gent view may be taken, and that a recurrence of such cases may be avoided by adopting at New Orleans the practice followed at New York in regard to stowaways. In my note of the 16th ultimo [May] asking for the remission of this fine I had the honor to call your attention to the ruling of the United States courts in the case of the United States vessel Sandrey, where it was laid down that a stowaway on a British vessel once enrolled as a member of the crew acquired the status of a British seaman; that in the event of his desertion he was to be considered as a deserting seaman, and not as an alien immigrant; and that the master consequently could incur no penalty under the immigration laws. The application of that deci sion to the present case would seem quite clear, and yet no notice is taken of it in your reply, and it is suggested that the enrollment of stowaways, discovered at sea, as members of the crew is contrary to English law. I am unable to find in the British merchant shipping act any such prohibition in the case of stowaways, and in practice they are so dealt with from the necessity of the case. But apart from any legal consideration, and assuming that Cavanagh and Downey could properly be considered as alien immigrants, and that the provisions of the immigration law are applicable to the case, it is manifest that no breach of the law was intended by the master. The decision in the case of the United States vessel Sandrey was given in favor of a former master of the same steamer. Captain Bertie, after receiving the order of the immigration inspector to deport the two men, used his utmost endeavors to prevent their landing. With that object, as stated in his letter of the 11th of May to the collector of customs, he employed one of Boylan's policemen, in addition to the ship's officers (three of whom were on duty night and day); but owing apparently to the negligence of Boylan's officer in replacing the first watchman by another to whom the men were not pointed out, they succeeded in getting ashore. The master at once offered a reward through the police for their apprehension, but without success. Their escape was evidently not due to any personal negligence on his part, and the collector of customs in his letter to the British consul of 13th May expresses an opinion to that effect. Under these circumstances I trust that the Treasury Department may be disposed on further consideration to direct that the fine be remitted. The Cuban belongs to the West Indian and Pacific Steamship Company of Liverpool, whose standing places them and their officers above all suspicion of any intent to disregard the laws of the United States. As regards the mode of dealing with stowaways arriving in British ships at New York, I have the honor to inclose a copy of a report which I have received from Her Majesty's consul-general in that city, and I venture to invite your particular attention to the statement it contains as to the usage of entering on the ship's articles stowaways discovered at sea in British vessels, and as to the practice of the New York customs authorities of landing such stowaways on arrival and keeping them in custody at the expense of the ship until her departure. It seems only reasonable that in such cases masters of foreign vessels should receive some assistance from the local authorities in their efforts to comply with the immigration laws. I have, etc., [Inclosure.] JULIAN PAUNCEFOTE. Mr. Sanderson to Sir Julian Pauncefote. NEW YORK, July 7, 1896. SIR: I have the honor to acknowledge the receipt of your excellency's dispatch No. 28, of the 25th ultimo, transmitting the correspondence connected with the case of the master of the British steamship Cuban, and directing me to report the practice usually followed by the captains of British vessels calling at New York with stowaways on board, and also whether it is usual for masters to enter stowaways discovered at sea upon the ship's articles as regular members of the crew. When stowaways arrive at New York on board a British vessel, whether they have been entered upon the agreement as members of the crew or not, it is the practice for the custom-house officer who boards the vessel to direct the master to land them at the immigrant station on Ellis Island. They are there examined by the Immigration Commissioner, and if they are considered likely to become a public charge they are detained at the ship's expense until her departure, when they are placed on board to be taken back to the place they came from. If not considered likely to become a public charge they are released. Stowaways, citizens of the United States, and "alien residents," among whom are classed cattlemen who have attended cattle on a voyage outward from New York and who have their residence in the United States, are not subjected to detention. At one time custom-house officers were placed on board vessels to prevent the escape of stowaways, but if a consular officer went on board and signed the stowaways on the agreement and account of the crew the officers were withdrawn. This practice has been abandoned. Although the custom is not universal, masters of British vessels coming to New York frequently sign stowaways on as members of the crew. When seamen are found to have deserted after the vessel has taken her papers from the consulate, and when she is on the point of starting, the usual course is for the master to ship substitutes, sign them on the agreement, and report at the first port where there is a consular officer. The law does not appear to give any authority for this, but the practice is recognized when it is practically impossible to apply to a consular or other authorized officer at the time of the men's engagement. I have, etc., PERCY SANDERSON. No. 462.] Mr. Rockhill to Lord Gough. DEPARTMENT OF STATE, MY LORD: Referring to previous correspondence concerning the fine imposed upon the master of the British steamship Cuban, and particularly to Sir Julian Pauncefote's note of the 26th ultimo on the subject, I have the honor to inform you that the Department has received a letter dated the 20th instant, from the Acting Secretary of the Treasury, stating that the Treasury Department has not acquiesced in the decision in the Sandrey case, to which reference is made in the British ambassador's note, the ruling in that case being apparently in conflict with the decision of a court of equal jurisdiction (in re Vito Rullo, 43 Fed. Rep., 62), and an appeal therefrom having been asked by the Immigration Bureau, and that the practice of the Treasury Department is established by Synopsis of Decisions 14099, a copy of which is herewith inclosed for your information. The Acting Secretary of the Treasury also requests the Department to invite the attention of Her Majesty's Government to the fact that the masters of British vessels bound to the port of New Orleans seem FR 96-20 |