Mr. Hay to Mr. Choate.

No. 313.]

Sir: I inclose for your use a copy of a letter from Messrs. Arkell & Douglas, of New York City, relative to the shipment of certain merchandise by said firm by the steamships Maria, Beatrice, and Mashona, which were recently seized and detained by the British naval authorities off the east coast of Africa.

Bills of lading1 in duplicate for the merchandise in question are herewith transmitted to you.

I am, etc.,

John Hay.
[Inclosure.]

Arkell & Douglas to Mr. Hay.

Dear Sir: We beg to advise that we shipped from New York, through the agents of the American and African Line and the agents of the Union Clan Line, Messrs. Norton & Son and Messrs. Barber & Co., respectively, various lines of goods for the [Page 592] port of Lourenco Marquez, Delagoa Bay, on the steamships Maria, Beatrice, and Mashona.

The lines named are English lines and the steamers named were English steamers. They were going to the port of Delagoa Bay, which is a neutral port. No intimation was given to us by either agent that it was not perfectly in order to make these shipments, and bills of lading were issued accordingly.

We received these orders from firms in South Africa to whom we have been shipping for many years, and most of the cargo was ordered by British subjects; in fact, probably all of the cargo, except in one or two cases, and in those cases the parties were regular importers and had been for a long time.

We attach herewith a copy of the bill of lading,1 representing each shipment made by us. The shipment embraces all classes of general cargo—kerosene oil, brooms, stoves, building material, white meal, shovels, turpentine, lard oil, plows, shellers, flour, etc. So far as our knowledge goes, there is nothing contraband of war in the shipments, nor do we understand or believe that any of these goods were imported with the intention of shipment from Delagoa Bay to the Transvaal now that a condition of war exists.

The British Government, we understand, have landed the cargo ex steamship Maria at the port of Cape Town, the cargo ex steamship Beatrice at the port of East London, and the cargo ex steamship Mashona at the port of Port Natal. The various houses to whom we have shipped, so far as we know, have no branch houses or affiliations at these ports, and as we have a large amount involved, having paid for and purchased these goods in good faith and shipped them, we desire to put in a strong protest against the action of the British Government in diverting this cargo from its proper destination, and to claim such compensation and damages as may be right and proper.

We have failed to get any proper explanation or guaranty of redress from the agents of the English lines who carried this cargo. The value of the cargo, with the prepaid freight, will amount to some £3,000, and there is besides unknown amount of charges, expenses, etc., which will now be placed on the cargo; also the question of damage to cargo, which is a serious point, especially in the case of goods which are more or less liable to injury through storage.

We have no way of knowing as to what disposal has been made of these goods, whether they are stored in public warehouses, covered by insurance, whether the consignees have been notified that they can obtain delivery at the ports of discharge, or any other facts.

We trust that you will see from the above statements that our position is a most unsatisfactory one, and that it does not appear to our minds that the British Government were within their rights in making these practical seizures of our cargo.

We hope you will kindly let us know what steps are being taken, and will be taken, to protect us in this matter, and we remain,

Respectfully, yours,

Arkell & Douglas.
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