CO885-(13-15) — Page 420

The claims put forward are as follows :-

By the owner of the "May Reed" (see Document F.):

Dollars.

For the loss of that vessel

Hire of the "Pandora" for ascertaining the particulars of the

loss of the "May Reed"

25,000

150

Loss of the use of the "May Reed" during the detention of

the master

830

By the master of the "May Reed" (see Document L.):-

£

1,660

1,000

200

1,000

-

-

5,000

For illegal arrest and cruel treatment during detention For injury to health

Privations of his family during his detention

For sundry expenses

By the two seamen of the "May Reed" (see Document N.):-

For illegal arrest, cruel treatment during detention, injury to

health, &c., each

The usual earnings of the men and the vessels are not stated in the papers, but the value of the "May Reed "is put by the Commissioner of the Turks Islands at between 100l. and 150l., and the hire of such a boat as the "Pandora" for the journey from Turks Island to Cap Haïtien and back at between 51. and 10%. (see Document D.).

I have the honour to request you to take these papers into your consideration, and to favour Lord Kimberley with your opinion as to whether Her Majesty's Government can properly make a claim on the Government of Haïti for compensation for the owner, the master, and the two seamen of the "May Reed" in consequence of the action of the servants of that Government as set forth in the

papers.

2. If so whether the sums respectively demanded by the claimants are reasonable, or if in any case the sum specified should be, in your opinion, unreasonable and excessive, what amount might in such case properly be demanded in substitution by Her Majesty's Government.

3. And, lastly, I am to ask you to favour his Lordship with any further observa- tions which may suggest themselves to you, and which you may think will be of assistance to his Lordship in dealing with this case.

List of Papers.

I am, &c.

II. PERCY ANDERSON.

Colonial Office

"T

To Consul-General Cohen - (Commercial. Telegraphic) January 31,

January 29, 1895. Consul-General Cohen

(Telegraphic) February 4, May 20, April 30,

Colonial Office

-

Mr. Tweedy

(No. 8)

Report.

"7

on the

In our opinion, Her Majesty's Government can properly make a claim Government of Haïti for compensation for the owner, the master, and the two seamen of the "May Reed" in consequence of the action of the servants of that Government.

Originally the master was to blame in not manifesting but the penalties were waived, and an undertaking accepted to pay duties on these a small part of his cargo, goods. Even if the penalties had not been waived, the treatment of the three men would have been wholly inexcusable, especially in the case of the two seamen.

In fact, they were acquitted of breach of the law, and the attempted removal of these goods from one house to another which gave occasion to their arrest appears to have been lawful and innocent.

As regards all three, their protracted detention before trial, and their subsequent detention until payment of the duties, were unjustifiable. The filthy and unsanitary condition of the prison, and the refusal of proper food and of medical relief, if we are to accept the apparently reliable statements contained in the papers before us, expose the Government of Haïti to a charge of wilful cruelty of a serious kind.

The loss of the vessel appears to have been the consequence of the unwarrantable imprisonment of the master and two of the crew.

3

2. We consider this is a bad case of oppression, for which smart compensation should be paid, but the sums claimed appear to be excessive. sufficient for the loss of the vessel, and 1,000l. for the master and 5001. for each of the We think 260/. is crew would be a proper compensation.

3. We desire to add that the conduct of Gardiner in not paying the duties till the 30th January seems somewhat unintelligible; but whether he was to blame or not, we do not consider that his neglect would justify the imprisonment of the three men, or in any way excuse the Haïtian Government for their treatment of the prisoners.

R. T. REID. FRANK LOCKWOOD.

Royal Courts of Justice,

July 2, 1895.

PUBLIC RECORD OFFICE

Reference :-

LPELLIC.O.885

14 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TOPage 421

9261

'| | '

PUBLIC RECORD OFFICE

Reference :-

C.O.8

885

14 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

No. 88A.

(WESTERN PACIFIC—Hawan)

[Imprisonment without trial of British subjects in connection with rising in Hawaii.] FOREIGN OFFICE TO LAW OFFICERS.

(B.)

GENTLEMEN,

Foreign Office, May 11, 1895.

WITH reference to my letter marked (A) of to-day's date, in regard to the proceedings taken by the Hawaiin Government against British subjects for com- plicity in the recent rising, I have the honour to transmit to you, by direction of the Earl of Kimberley, the papers noted in the accompanying list, which relate to the cases of British subjects who have suffered arrest and detention under the conferred on the Executive by the proclamation of martial law, without having been brought to trial.

powers

The general characteristics of these cases will be gathered from the annexed tabular statement marked l'aper (A), from which it will be seen that the British subjects in question were arrested on suspicion of complicity in the revolution; that they were subjected to more or less prolonged detention in prison, extending from thirteen to fifty-four days; that they suffered from harsh treatment and bar food while so detained: and that they were induced under threat of the production of incriminatory evidence against them and by undue pressure either to leave the country or to promise to do so.

A specimen of the form of agreement which many of the prisoners were induced to sign in order to obtain their release has been since received, and forms an inclosure in Mr. Hawes' despatch No. 22 of the 12th April (Paper N).

It would appear from Mr. Hawes' despatch No. 14 of the 7th March (Paper F) that many persons have been arrested and held in custody from thirty to sixty days merely on the ground of their known Royalist sympathies; and that pressure has been put upon then by the Hawaiian authorities to leave the country. No account of the cases of many of these persons has yet been received, but the sworn statements made before the British Vice-Consul, and inclosed by Mr. Hawes, are probably fair examples of this class of case,

The first case reported by Mr. Hawes is that of J. B. Johnstone, which forms the subject of his despatch No. 8, Confidential, of the 7th February (Paper B). John- stone was arrested on the 7th January, and deported to Victoria, British Columbia, without trial on the 2nd February under martial law.

An American citizen and German subject were similarly treated at the same time.

No intimation had been given to the Representatives of the countries intereste‹l, nor had any charges been served on the the prisoners; and the facts of their detention and removal were only brought to the knowledge of Mr. Hawes by one of them shouting out to him for assistance as he was passing, while they were being conveye I on board ship.

Mr. Hawes ascertained from the Hawaiian Government on inquiry that Johnstone had been employed by the Police Department as a spy, and that they had proof that he had worked on the side of the enemy: that he had not been tried, but that the Government were exercising the arbitrary power which they possessed under martial law, and were prepared to abide by the consequences of their action.

Mr. Hawes intimated that he should be compelled to make a formal protest against so unusual a proceeding, but refrained from active interference on behalf of Johnstone on ascertaining from him privately that he could not face a trial, and that he thought it safer in his own interest to leave the country at once.

The American citizen and the German subject similarly arrested were also deported, notwithstanding the strong objections of the United States and German Representatives, inasmuch as the prisoners maintained their innocence and their desire to stand their trial. Formal protests were therefore entered in these cases by the United States Minister and the German Consul-General respectively.

A further statement of Johnstone's case (Paper B 2) has now been received from him through Mr. Maxwell, M.P.

25 Wt 16 704 D&S D 18433