Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 7, 1903
Mr. White to Mr. Hay.
London, December 31, 1902.
Sir: I have the honor to inclose herewith copies of a letter addressed to the ambassador on the 15th November last by the consul-general, relative to the refusal of the British India Steamship Company to hand over to him the effects of Capt. Charles E. Schonberg, a first-class passenger from Calcutta to London, who died on board that vessel on the 18th September last, and to inform you that on the 24th ultimo I called at the foreign office and requested that inquiry be made in the matter.
I now have the honor to transmit herewith, for your information, the copy of a note which I have received from the foreign office, from which you will see that the laws of Great Britain do not recognize the right of a foreign consul to the custody of the personal effects of a subject or citizen of his country who dies in the United Kingdom or on board a British ship, and that if the agents of the British India Steamship Company had handed over to our consul-general Captain Schonberg’s effects without having previously satisfied themselves of their value they would have exposed themselves to the infliction of a heavy penalty.
I have, etc.,
Mr. Evans to Mr. Choate.
London, November 15, 1902.
Sir: I have the honor to Submit the following facts for your consideration, viz:
Under date of October 13, Messrs. Gray, Dawes & Co. reported to this consulate-general the death of Capt. C. E. Schonberg, an American citizen, on board the steamship Manora, en route from Calcutta to London. (Copy of such notice herewith.) I immediately requested that the personal effects of Captain Schonberg be turned over to this consulate. (Copy herewith.)
Some two weeks thereafter a gentleman called giving his name, and said that he represented Messrs. Gray, Dawes & Co., and after explanation he agreed to turn over the effects of Captain Schonberg, provided I would give a receipt for same, and said he would submit a form. This form was sent in, but it being so general, I said that he must state of-what the effects consisted; if a trunk, locked, say so; if a box, fastened, say so, etc.; that the form of the receipt was all right, but I wanted to know the packages I was getting.
On November 7 I received a letter from the solicitors. (Copy herewith.)
I immediately made reply addressed Messrs. Gray, Dawes & Co. (Copy herewith.)
Soon thereafter another solicitor called, claiming to represent Messrs. Gray, Dawes & Co. and wanting me to agree to indemnify Messrs. Gray, Dawes & Co. against any damages or suit at law of any kind from the representatives of Captain Schonberg. This I declined to do; and after pointing out to the solicitor the law and consular regulations, informing him that I was appointed by my Government, and had given bond to my Government; that my duties were clearly defined in such cases by international laws; that His Majesty had duly accepted me as the representative of my Government to look after such interests as were now involved; that I must protest against them or their clients opening the trunks or baggage of whatsoever nature belonging to this American citizen, who happened to be a passenger on their ship and died upon the journey and was buried at sea; and that these personal effects must be turned over to me as the representative of the United States.
On November 12 a messenger came with the word that the trunks and baggage of Captain Schonberg, at the East India Docks, had been examined, but nothing of value was found; that they only contained wearing apparel, and that there was a tin box that they would open at the office of the solicitors, and inviting me to call and see the contents. I paid no attention to this. About 5 p.m. one of the solicitors (as he represented himself) called at the consulate, wanting to turn over the box and contents, and had prepared a receipt for me to sign. After adding a memorandum I signed the receipt. (Copy herewith attached.)
I call your attention to the list of items submitted as personal effects under date of October 13, and again to the list of November 7, and my declining to receipt in general terms, but asking for a list of the packages.
At the time of each call of the solicitors I brought to their respective attention section 1709 of the Revised Statutes of 1878—duties of consuls as to the personal effects of deceased American citizens.
I submit these facts for your consideration. I have used my best efforts to protect the interests of the widow in this case and prevent the representatives of this steamship company from breaking open and inspecting the personal effects and private papers of this deceased American citizen, who was traveling upon their line from Calcutta to this port. I would thank you to advise me in the premises. Has this steamship company, or any other steamship company, or any transportation company, acting simply in the capacity of common carriers, the legal right under international laws and commercial regulations between friendly nations to open, examine, inspect, or otherwise pry into the personal effects or affairs of an American citizen, who is so unfortunate as to die while a passenger en route?
Very respectfully,
Messrs. Gray Dawes & Co., to Mr. Evans.
London, E. C., October 13, 1902.
Dear Sir: As representing the British India Company we have to advise you of [Page 485] the death of Capt. Charles E. Schonberg, who was a saloon passenger on board the steamship Manora for London, and who, we understand, was a United States citizen. The captain’s letter advising the regretful incident of his death is as follows:
“I regret having to report the death of Capt. Charles E. Schonberg, first-class passenger from Calcutta to London. The deceased had been suffering more or less from fever ever since embarking at Garden reach; he informed me it was a malarial fever, contracted in America. Doctors Danton and Douglas also received the same information, which was substantiated by their personal observations. On the 15th of September he was ordered to bed by Doctor Douglas, being very weak, but showing no alarming symptoms, but at 0.45 p.m., 18th, he suddenly took a turn for the worse and expired at 1.35 p.m. His body was committed to the deep at 5.30 p.m.
“His effects have been taken charge of and will be handed over to your representatives at the Royal Albert Dock. The deceased was a citizen of the United States of America.
“The personal effects referred to above are as follows: 1 deed box, 1 Gladstone bag, 1 ring, 1 watch and chain, 1 set sleeve links, 3 studs, 3 pair spectacles, 1 trunk, 1 portmanteau, 1 canvas bag, 1 wooden box, 1 umbrella, 1 walking stick, 1 holdall, 1 bunch keys, 1 tin box.”
In communicating this to you may we ask your kind offices with a view to tracing the relatives of the deceased so that they may apply for the effects.
We are, etc.,
Mr. Evans to Messrs. Gray, Dawes & Co.
London, October 14, 1902.
Dear Sirs: I. am in receipt of your letter of the 13th instant regarding the effects of the late Capt. Charles E. Schonberg, who died on board the steamship Manora. If you will have the effects in question delivered to me I will take charge of them for delivery to the person or persons entitled thereto.
Yours, faithfully,
Consul-General.
Messrs. Lyne & Holman to Mr. Evans.
London, E. C., November 7, 1902.
Dear Sir: Referring to our communications herein we find that in addition to the articles we were previously aware of there are seven packages of effects lying at the docks still unopened by our clients, and if it should appear that the contents of these are of substantial value there would be a difficulty in the way of handing them over except to the authorized legal personal representative of the deceased. If, however, the contents are of small value we would be quite willing that they should be handed over to you as previously suggested.
Our representative is going down to the docks to satisfy himself on the point of value, and if you like to inform Mr. T. S. Schonberg of this there will be no objection to his being present, or we will inform him if you prefer. We propose 11.30 a.m. on Monday for the purpose, and await your reply.
Yours, faithfully,
Mr. Evans to Messrs. Gray, Daives & Co.
London, November 7, 1902.
Gentlemen: Reference to personal effects of Capt. Charles E. Schonberg, who died and was buried at sea.
On October 14 I wrote you requesting that they be turned over to this consulate for shipment to his widow.
[Page 486]I call your attention to international law and consular regulations upon this subject: “A consular officer is by the law of nations and by the statute the provisional conservator of the property within his district belonging to his countrymen deceased therein.” Consular regulations make it the duty of a consul “to take possession of the personal estate left by any citizen of the United States, etc.”
A gentleman claiming to represent you came to my office raising a technical objection to turning over to this consulate the personal effects of Captain Schonberg; finally submitted a form of a receipt to be given. I agreed to this. Now I am advised by letter that upon examination if these effects are of any value they will not be turned over, but if they are of no value (“or of small value”) they will be turned over.
If you are unwilling to deliver the personal effects of Capt. Charles E. Schonberg to this consulate please say so, that I may bring the matter to the attention of the foreign office of His Majesty’s Government through the proper channels. I have been desirous that whatever effects he had left on your ship might be gotten and shipped to his widow without expense to her. In this I had the cooperation and approval of the deceased’s brother and uncle in this city. Your early reply will greatly oblige.
Very respectfully,
Consul-General.
Received of Messrs. Gray, Dawes & Co. the effects undermentioned of Charles E. Schonberg, a citizen of the United States of America who died on board the steamship Manora on or about September 18, 1902, which effects I claim should be delivered to me as consul-general of the United States of America pursuant to the laws of that country, and which effects are received for distribution to the parties entitled thereto under such laws:
One small box containing 1 watch and chain, 3 pair spectacles, 1 signet ring, 2 metal sleeve links, 3 studs, and 1 bunch of keys (9); 1 japanned dispatch box containing as follows: £20 in Bank of England notes and 9¾ rupees in silver; sundry pocketbooks containing letters of introduction and cards of ditto; sundry Masonic papers and certificate; leather case containing necklace or chain, of garnets apparently, and small silver brooch; letter book and sundry business correspondence and papers; counterfoils of cheques; empty dollar case, 1 dozen photos of scenes in India and 2 small photos of natives; handbook of Hindustani language; certain envelopes marked as containing letters from friends, letters from home, regimental papers, traveling memoranda, and I envelope of papers marked I. P. & S. (I. Payne & Sons); small packet of some soft material like tobacco and addressed to W. Brown, esq., care Thds., Cook & Son, 4 Broadway, New York; sundry paid bills and other papers apparently of small importance.
Dated this 12th day of November, 1902.
Notice of death of Captain Schonberg was given this consulate the 13th of October, 1902, and on the 14th October, 1902, request was made, according to custom of consular service, for the personal effects of Capt. C. E. Schonberg; they were not delivered. After personal interviews and letters—one letter stating if effects were of value they would not be turned over—and upon inspection, if found of little value, they would be turned over. They have since been opened and inspected by the shipping company or its agents, so this consulate is only responsible for such articles as received.
Lord Lansdowne to Mr. White.
Sir: I lost no time in considering the communication which you left at this office, on the 24th ultimo, in regard to the treatment, by Messrs. Gray, Dawes & Co., of the effects of the late Captain Schonberg, a citizen of the United States.
I have the honor to inform you that the laws of this country do not recognize the right of a foreign consul to the custody of the personal effects of a citizen or subject of his country who dies in the United Kingdom or on board a British ship.
A heavy penalty is imposed on any person who deals in any way with the estate [Page 487] of a deceased person without taking out probate or administration and paying the death duties which are levied in such cases.
Where, however, the total value of a person’s effects is less than £100 no death duties are levied, and Messrs. Gray, Dawes & Co. no doubt thought that if the estate was of less value than the above sum they might safely hand over the effects, as the object with which the penalties are imposed on anyone meddling with the estate of deceased persons is to secure the commissioners of inland revenue against loss of duty.
Unless they had satisfied themselves of the value of the effects they could not have handed them to the consul at all, as they would have exposed themselves to the infliction of the penalties mentioned. The delivery of Captain Schonberg’s effects to the United States consul-general was consequently purely a matter of courtesy.
I have, etc.,