The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1870-04-23
The Oneida Disaster-The American Min
ister's Statement.
YOKOHAMA, February %, 1870.

YOKOHAMA, February %, 1870.
Below we append the written argument OF
the American Minister, G.. E. belong, upon
admitted points, and if this digest Is not am
pie to convince any candid mind OF the gross
injustice done the living and the dead, we
are willing TO submit to an American press
and an American community.-Sac. Onao".
To this Honorable Court: | would state
in regard to this case. and the propriety OF
my making an argument in 1t before this
Court, as follows:
Rather than two Courts should sit TO de-
eide the issues that are involved before this
each hearing but a part or one side OF the
evidence, and thus rendering decisions upon
really ex-parte evidence,-I, IN consultation
with the American Consul here, and Her
Maiesty's Minister and Consul, concluded
with all of them that it would be far more
satisfactory 10 every one, including our re-
s~pective Governments, and far more likely to
be productive of an intelligent and just result
of these matters, if the whole of this case,
from the mouths of all witnesses, should be
heard by one and the same Court-the rep
resentatives of both Great Britain and
America to be present 10 see or assist in the
management OF the cause, to the end that all
material facts should be elected, that exact
Justice might be done. Then, inasmuch as
the preliminary steps had been taken to or
ganize this Court, upon the application OF
DalZiel, agent of the Peninsular and Oriental
Company, it was concluded and agreed that
we would here appear and hold such full and
fair inquiry. | have appeared in this Court,
not as counsel, but as Minister of the United
States of America, taking such steps as |
deem necessary, to the end of eliciting all of
the facts necessary to enable the administra-
ton of the Government | represent to fairly
know and understand where rests the blame
for the loss of the national property and the
lives of 112 of our %nation's gallant sons.
Her Majesty's representative, like myself,
has also been constant in his attendance upon
this trial, making such suggestions and pro-
posing to the Cour such questions during
this examination as he deemed proper, but
has been saved the necessity of making oral
examination of witnesses by reason of the
fact that the accused has been represented by
counsel learned in law, besides his brother
Captain in the same line, Edmonds, and the
agent of the company, Dalziel.
If the course of proceedings is without
precedent, il Is one that the British and
American authorities here, both deemed wise,
for pursuing which they are responsible
only to their respective Governments, al
though, as far as | am concerned, this state
ment is made out of respect to public opinion.
Having diligently attended TO this proceed
ing until all witnesses within my knowledge
have been critically examined, and the truth
ascertained as nearly as possible, | feel that
have proceeded as far as | may with propri-
ETY. do, lest | may sink the Minister in the
counselor.
While, therefore, | do not consider that |
may with propriety engage in an argument
of this cause, it may not be amiss for me to
submit herewith a few general remarks.
This cause is one that naturally must at
tract, throughout Europe and America, much
and all of our proceedings and
Honor's judgment must necessarily be
expected to be passed in review and critically
by the civilized world. In addition
to this, the conclusions of this Court in this
case must necessarily be regarded as a pre-
cedent of a leading character. at least by the
great nationalities here represented.
Hence, considering that your actions here
live after you, and that the greatest
good or i'll may be worked by your
action, | feel safe in the assurance that you
neither desire nor can you afford to do aught
than mete out by your judgment, un-
and rigorous justice; regardless
alike of the nationality of the accused and
his accuseTs, and also OF the individual SYM
you may feel for him by whose negli-
Tence or error it may nave been that this
calamity has been wrought.
Viewed from this standpoint, the question
IF what may or may not be the consequences
20 the officers Of the steamer " Bombay" of
;Our judgment in this action, sinks into
litter insignificance beside the most important
upon the maritime interests of Eng
and and America-and indeed of the civil
zed world-your action here must necessa-
lily have.
That the steamer " Bombay on the night
If the 2Sth of Jan. 1870, in the bay of Yedo,
N a starlight, stormless night, in a deep
water channel several miles in width, collided
With the American man-of-war Oneida"
ausing her 10 sink in about 90 fathoms of
water, and besides entailing her loss, also
aused the untimely death of 1l2 men, is an
fact.
That this steamer, of much superior tom
lage to the Oneida An iron vessel, with
crew OF ninety-three men, and equipped
With seven boats-after this collision stood
into port without lowering a boat, or
hanging her course, or making a signal,
also admitted. That anchoring in a
arbor surrounded by men-of-war of nearly
ii ndllonS, anu WIFI Tue representatives OF
early all nations within easy communica-
.on, these officers saw proper to give no
larm during that entire night of what had
ccurred, but left the information of this
lost serious affair to reach those authorities .
y means of the efforts of survivors of the .
Oneida" ard contented themselves with
mentioning the circumstance of col
sion having occurred, in such a manner as !
give rise to no serious apprehension, and
ending a similar message to the Office of
lie Peninsular and Oriental Steam Naviga-
on Company, Herewith connecting the :
netting assurance that the " Bombay had
lstained no material damage. '
That the Bombay" without any repairs, :.
as able to, and did, on the following morn T
g proceed to the scene of collision in safety, N
I'd return here, are also unquestionable :
cts In the case. These facts, taken in !