Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 3, 1889

Mr. Bayard to Mr. White.

Department of State,
Washington, March 1, 1889.

No. 1089.]

Sir: I inclose herewith a copy of a dispatch, No. 173 of the 22d ultimo, from the United States consul at St. John, New Brunswick, in relation to the shipment of seamen on American vessels in that port.

The laws of the United States provide that all seamen shipped on board of American vessels in foreign ports shall sign articles before the United States consular officers there. This provision is enforced with appropriate penalties.

By section 126 of the Canadian seaman’s act of 1876 the requirement of shipment of crews before a Canadian shipping-master is extended to the shipping of seamen on foreign vessels; but there is a saving clause in favor of vessels belonging to countries between which and Great Britain there is a treaty to prevent such extension.

It is supposed that it has been under this clause and in consideration of the reciprocity existing in our ports that it has not been the practice in Canadian ports to require American vessels to ship seamen before Canadian shipping-masters and upon Canadian articles. If any American master has so shipped seamen he has failed to comply with our law in so doing, and no consul has been warranted in authenticating articles so entered into. The Department, therefore, on recently being informed that the consul at St. John, New Brunswick, had in some instances authenticated articles of shipment entered into and signed by masters and seamen of American vessels before the Canadian shipping-master at that port, directed him to abstain from such a course in the future, since it was unauthorized and illegal.

Being so instructed the consul on a recent occasion shipped seamen on an American vessel at his consulate in accordance with the laws of the United States; objection was made by the Canadian shipping-master, who claimed the sole right to ship the seamen under Canadian articles, whereupon the consul informed him of the instructions he had received from this Department to abstain in future from authenticating such articles.

This announcement called forth the letter from the shipping-master to the consul of the 21st ultimo, inclosed in the latter’s dispatch of the 22d the same month, in which the shipping-master informs the consul that if hereafter seamen required for American vessels are not shipped in the former’s office he shall be obliged to take such legal steps as will enforce compliance with the Canadian act as applied at the port of St. John.

Under these circumstances and as the subject is one of wide-spreading importance I deem it expedient to bring the matter to the attention of Her Britannic Majesty’s Government with a view to secure corrective action in the premises without waiting for a case of controversy to arise.

It is believed to be an accepted doctrine that the right of a vessel to be governed in respect of her internal discipline by the laws and regulations of her own country is not forfeited by her entrance into the port of a foreign country. The position of the Canadian Government in regard to the shipment of seamen at St. John would not only deprive a vessel of that right while in that port, but would by necessary consequence destroy the right until she had shipped another crew in another port, under the laws and regulations of her own country, for which in the meantime would be substituted the laws and regulations of the Dominion of Canada.

While under a strict construction of the terms of sections 4511 and 4512 of the Revised Statutes shipments of seamen on foreign vessels in ports of the United States might be required to be made before United States shipping commissioners, yet I am informed by the Treasury Department that the law has never been so applied, and that such shipments have invariably been allowed to be made before the foreign consular officer in accordance with foreign regulations, on the ground that such action was demanded by international comity. This Government, however, expects and requires reciprocal treatment for its vessels in the ports of other countries, and the Treasury Department does not at present recall any instance other than that now under consideration in which such reciprocal treatment is not accorded.

It is hoped that Her Majesty’s Government will take the necessary measures to secure such treatment for American vessels in Canadian ports.

You will communicate a copy of this instruction to Her Majesty’s Government.

I am, etc.,

T. F. Bayard.

[Inclosure 1 in No. 1089.]

Mr. Murray to Mr. Rives.

Consulate of the United States,
St. John, New Brunswick, January 22, 1889.

No. 173.]

Sir: In the matter of shipping seamen at this consulate, I inclose herewith copy of a communication received this day from the shipping-master at this port.

I am, etc.,

Jas. Murray.

[Inclosure 2 in No. 1089.]

Mr. Purdy to Mr. Murray.

Dominion of Canada Shipping Office,
St. John, New Brunswick, January 21, 1889.

Sir: Referring to your recent action in shipping seamen for American vessels at your consulate and your intimation that you would in future decline to attach your certificate to articles issued from this office to American vessels, I have the honor to inform you that, having laid the matter before the marine department at Ottawa, I am instructed that section “126 of chapter 74 of the Revised Statutes of Canada is within the competency of the parliament of Canada and expressly applies to foreign ships, and if a foreign ship in a Canadian port requires to ship any seaman, such seaman must be shipped in the manner prescribed by the act,” and that “there is no treaty between Great Britain and the United States which relieves the United States from this duty.” I therefore beg to inform you that if seamen required for American vessels at this port are not shipped at this office I shall be obliged to take such legal steps as will enforce compliance with the act.

I have, etc.,

W. H. Purdy.