(C O P Y)
Sir,
Enclosure 4931
C.O.
1150
0.5.6. "H.B.M. Consul-General"
Canton, China,
June 11th, 1909.
I beg to bring to your notice a suit brought in a Hong Kong Court against Captain A.S. Gove, Master of the United States Naval Collier "Alexander", and set for trial on July 2nd, next.
2. I have been directed by the Commander-in-Chief of the United States Asiatic Fleet, to assume charge of the case in his name and therefore respectfully request you to take such action as you may deem proper in view of the following facts.
3. On the 29th of March last the United States Naval Collier "Alexander" in the harbour of Hongkong, collided with the Hongkong Junk No.481 resulting in the sinking of the latter and the loss of the greater part of her cargo. Suit has been brought against the Master of the Collier for recovery of damages.
4. It appears that the Plaintiffs recognize the public character of the ship and are aware that suit may not be brought against the United States as owner, but that knowing that the Master of the Collier is not a commissioned officer of the Navy they hope either to enforce the law of responsibility of masters of merchant-men against him; or else they hope that out of mere compassion the United States will come to his rescue by paying the damages without scrutiny of their propriety.
Neither ground is tenable. The Master of the Collier is a Public Officer of the United States, being a citizen of the United States, having been appointed to his command by the Navy Department, and having taken the oath of allegiance as such officer.
As a duly qualified officer of the United States...
the United States Consul-General,
at Hongkong,
China.