Letter

Badeau , Consul-General London to Samuel B. Badeau, February 9, 1875

[Inclosure 2 in 1 in No. 731.]

Mr. Fair child to Mr. Badeau.

General: On the 7th instant the American vessel “G. C. Trufant,” G. Thomas, master, of Newburyport, arrived in this port. On the afternoon of that day the master raised the British flag on said vessel. On the 8th instant the master caused the word “Newburyport” to be erased from off the stern of said vessel, and caused the word “London “to be painted thereon. I was informed of this by a portion of the crew, who came to me to protest against being transferred to a British vessel. They further informed me that the master had told them that the vessel was now under the British flag. I yesterday sent a written request to the master to deposit in this consulate his ship’s papers, as required by the laws of the United States. He has this day called at the consulate and, verbally, declined to deposit his papers. He also declined to comply with my request that the crew should be discharged according to law, and all hospital dues paid upon the transfer of the vessel to another flag. He declines to recognize the authority of the consul at this port over him, as master, or over the vessel, and asserts that he is acting under instructions from the owner of the vessel, a Mr. Trufant, who, I am informed, now resides in London, and I am informed by a gentleman who called here with the master, and who appears to be an agent of the owner, that the owner especially instructed that no papers should be deposited at this consulate. The crew were shipped in New Orleans December 31, 1874, for a voyage to Liverpool and back to the United States for the term of eighteen calendar months, ending in the United States. The master declines to let me even look at his register, but admits that she came here with an American register, and that she had entered as an American vessel on her arrival here in the Liverpool custom-house. I make this report to you, because this is a most unusual case of defiance of the laws, and in hopes that there may be some way, by proper representations to the British authorities, to prevent such a wrong. If this ship becomes or has become a British vessel, can the consul sue for and recover the penalty named in par. 118, Consular Regulations? I do not know of any way to compel the payment of extra wages to the crew after the vessel has been transferred to another flag. If a vessel can be transferred without reference to the obligations to the United States law, and such transfer will be received by the British authorities, you see how helpless the United States authorities are to enforce the United States laws. I am informed that this same owner once, several years ago, transferred a vessel to the British flag in this same manner; with or without the knowledge of the consul at this port, I did not learn. There ought to be some protection for the United States in such a case as this, and I hope it may prove that the transfer will not be allowed by the British authorities until the just laws of the United States have been complied with. If anything is to be done in that direction, it is my excuse for troubling you with this long dispatch, as such representations as may be proper, if any, must be made by some officer higher in authority than myself.

I am, &c.,

  • LUCIUS FAIRCHILD, United States Consul.
  • General Badeau, Consul-General London.
Sources
FRUS u2014 Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the P View original source ↗
U.S. Department of State, Office of the Historian. Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the P.