LORD MUSKERRYMy Lords, I rise to call attention to the case of the captain of the British steamer "Antillian," who was lately imprisoned under degrading conditions in the common gaol at Vera Cruz by order of the Mexican authorities; and to ask whether it is a fact that the case has been dismissed by the Mexican Judge at Campeche, and the captain released unconditionally: also, whether, in regard to the representations made by the Merchant Service Guild, the Secretary of State for Foreign Affairs has extended his support to the captain's claim for compensation for the unjustifiable treatment to which he has been subjected; and whether he is able to give any further information bearing on the case.
I feel that I must first express the great satisfaction that is felt at the way in which the Secretary of State for Foreign Affairs has interested himself in regard to this matter. It cannot but be greatly appreciated by the captains and officers of our merchant ships, who in their dealings at foreign ports frequently experience great difficulties, and sometimes consider that their interests as British subjects are not always protected as they might be by representatives of this country abroad. I need only mention the case of the "Greylands," where two officers and some of the crew of a merchant vessel were confined in prison for nearly five months without trial, the cases of the "Isleworth" and 924 the "Ivydene," and the case of the chief officer of the British ship "Kam-bira" to substantiate this.
In the particular case to which I am calling attention, however, there is absolutely no doubt that everything possible has so far been done by the noble Marquess, by the British Minister at the city of Mexico, Mr. Grant Duff, and by Mr. Consul Leay at Vera Cruz. They, as our representatives on the spot, deserve great credit. For your Lordships' information I will mention briefly the facts, which are that whilst the steamer "Antillian" was lying at Kingston, Jamaica, her captain was ordered by the agents of his owners at that port to carry a number of labourers to a place called Chencan, on the Mexican coast. A proper clearance was obtained at the Kingston Custom House stating the number of crew and passengers, and a bill of health for the port was also obtained. There was, however, no Custom House at Chencan, but the agents informed the captain that they had sent a cable to the city of Mexico, and that a Customs representative and doctor would meet the steamer at Chencan. On arrival these officials were not waiting the vessel, as expected, and consequently the captain thought it would be perfectly safe to land the labourers with, their personal effects. Proceeding from thence to Vera Cruz all the papers were handed in to the Customs officials with the usual declaration form stating that the vessel landed the passengers and effects at Chencan, as I have mentioned. Everything was perfectly above-board, and three days after this the steamer finished discharging and was ready for sea.
To the surprise of all concerned the port authorities then detained the steamer, and, four days after, arrested the captain on a charge of smuggling contraband into Chencan. He was thereupon confined in the common gaol amongst criminals of the worst kind. This treatment was strongly protested against by Mr. Leay, the British Consul. After three days in what are described as "filthy surroundings and frightful atmosphere," the captain became ill, and though the British Consul used every endeavour to get him into a private ward, he was 925 lodged in the criminal ward of the hospital, where the horrors are described by the captain as still greater. On the facts being communicated to him Mr. Duff, the British Minister at Mexico, at once interviewed the Mexican Under-Secretary for Foreign Affairs, and as further delay arose he proceeded to the private residence of the Mexican Minister for Foreign Affairs. The result was that ultimately the captain was released on bail, amounting to 3,000 dollars, and the steamer was permitted to leave under a bond of, it is said, 20,000 dollars.
The Foreign Office, in communicating with the Merchant Service Guild, stated that they were informed that the captain appeared to be in a state of complete nervous prostration in consequence of his treatment, and that he had lodged a claim for compensation for £1,000 for himself and £3,000 on behalf of his owners, the steamer being detained. The Acting District Judge at Vera Cruz decided that the captain's trial should take place at Campeche, but that place being, if possible, even more unhealthy than Vera Cruz;, the British Minister did everything in his power to have the decision reversed, but evidently without avail. Before proceeding to Campeche the captain was furnished by the British Consul at Vera Cruz with a letter to the British Vice-Consul at Progreso, as there is no British Consular Officer at Campeche. The agents of his line of steamers provided him with food, also a bed and mosquito curtain during his imprisonment, and retained counsel for his defence. The result, sofar as I have been able to gather, is that the judge at Campeche dismissed the case and referred it to the Custom House at Mexico City, whilst he informed the captain that he was at liberty to proceed to England.
Of course, I am not endeavouring to justify smuggling or anything of its character, but the circumstances are such as to show that in this case there has been nothing of the kind. Even were there suspicion of it, I venture to submit that the captain of a British merchant ship should command proper consideration in a case of this character. Apart from the outrageous treatment to which he has been subjected, and from which he has suffered very considerably in 926 health, the captain of the "Antillian," on being imprisoned, lost the command of his vessel, which is really a very serious matter to him. It is, I think, necessary that when British subjects are imposed upon and treated in this scandalous way His Majesty's Government should step in. We know very well that a Mexican captain in one of our own ports would be treated far differently over a case similar in circumstances to that of the captain of the "Antillian." I hope to hear that the noble Marquess is supporting what I feel to be a reasonable and fair claim for compensation, and if he is able to give any further information it would be welcomed by very many who have been impressed by the cruel and unjustifiable treatment to which the captain of the "Antillian" has been subjected.
§ THE SECRETARY OF STATE FOR FOREIGN AFFAIRS (The Marquess of LANSDOWNE)My Lords, the account of this case which has reached me does not differ materially from that which the noble Lord has given to the House. It seems to me that, prima facie, Captain Wescott's treatment was of a harsh and unjustifiable character, and that it is the duty of His Majesty's Government to pursue inquiries into the matter. Of course, as the noble Lord has admitted, the landing of passengers and goods at a place which is not a port of entry and where there is no Custom House is, on the fact of it, an irregularity, but there is nothing to show that Captain Wescott was guilty of that irregularity deliberately. On the contrary, the evidence proves that he landed at Chencan in consequence of instructions received from the agents of the firm by whom he is employed. His ship was detained, and he was thrown into prison, and although he only remained in prison three days, he seems to have been subjected, to say the least of it, to very disagreeable and painful surroundings which occasioned him for the time a loss of health. He was eventually tried and. as the noble Lord has told your Lordships, the Court acquitted him of criminal responsibility, but the case was handed over to the Commissioner of Customs at Campeche.
§ THE MARQUESS OF LANSDOWNEI believe he was handed over to the Commissioner of Customs at Campeche and that the matter was then referred to the Customs authorities at Mexico. The case is, I understand, still sub judice. Captain Wescott has claimed £3,000 as compensation for, the detention of his ship, and £1,000 for the personal ill-usage which he encountered. I understand that the Board of Trade are of opinion that some claim for compensation exists, but they do not desire to express any opinion as to the reasonableness of the amount claimed until we have received further information from our Chargé d'Affaires in Mexico, to whom the matter has been referred. I was very glad to hear the noble Lord admit that Mr. Grant Duff, as well as our Consul at Vera Cruz, had left nothing undone in their endeavours to secure redress for Captain Wescott. The papers which are before me show that Mr. Grant Duff spared no pains to convince the authorities that Mr. Wescott had been guilty merely of an error of judgment, and that no crime could be imputed to him. That is how the matter stands. We shall, no doubt, hear in due time from our Chargé d'Affaires; and if he should report that in his opinion a claim for compensation can be sustained, the noble Lord may rely upon it that we shall press the claim to the utmost of our ability.