The Hawaiian gazette., 1913-12-23
HARVEST CASE
OF HISTORIC
INTEREST
Taking of Affidavits in Honolulu
in Relation to the Destruction
of the Bark Harvest by Confed-
crate Privateer Shows Part
Played by Hawaiians in Stirring
Civil War Incident.

A suit is about to be brought in the
court of claims, at Washington. d. c.,
by the Honolulu law firm of Prosser,
Anderson & Marx, in behalf of clients,
to recover from the United States treas
ury $l57,22S. %. This sum represents
the valae of the Hawaiian bark Har-
vest, which was destroyed after the
seizure of its cargo and equipment by
the Confederate privateer Shenandoah
in the harbor of Ascension Island in
April. 1865. The taking of affidavits
in the case was completed in Honolulu
last week.
The bark Harvest, owned by three
partners, Henry Hackfeld Frank Mol
teno and James |. Dowsett. was en-
gagged in the whaling trade in the
North Pacific and Arctic Oceans in
1858, 1864 and 1865. After two or
three successful voyages, the Harvest,
sailing under Hawaiian register, but
with American officers and crew of
Twenty-Five Eiawaiians, anchored off
Ascension Island in March, 1865, in
company with three American whalers,
the bark Pearl and the ships Il. Cary
and Hector The Harvest had taken
$50 barrels of sperm oil and large
quantities of whalebone. On March 80,
1865, the Shenandoah, James Il. Wad-
dell commanding, arrived Mt Ascension,
sent an armed boat alongside the Har-
vest and seized the vessel. Although
the Harvest had a Hawaiian register
and shipping articles, Waddell refused
to credit their authenticity, but de-
clared that the bark was an American
vessel. After retaining possession of
the Harvest for several days, and after
approprating a part of the cargo of
oil, the chronometers, charts and navi-
, eating instruments, the provisions and
! stores and the personal effects of the
officers and men, Waddcll set fire to
the Harvest and to the American whal.
, ers then in port and completely de-
stroyed them.
. The Shenandoah then sailed to n port
{ on the west coast of South America,
sold the oil belonging to the Harvest
and on the ships stores bought with
the proceeds was enabled to reach Liv-
o erpocl II was there seized by the Brit
T ish government and turned over to the
q United States government which in
, turn sold the vessel and it's equipment
for $250,O00, and this sum was turned
into the United States treasury.
Seek to Libel Shenandoah.
The owners of the Harvest, when
they learned of the destruction of their
vessel and the surrender of the Shcnan-
doah, attempted to libel the latter, but
! found that a suit would not lie as
I against q national vessel. The United
tint Mt hut Zp
= any direct responsibility on its part for
outrages committed outside it's jurisdie-
tion on a neutral nation by cruiser
armed in hostility to the United States,
nor that when Great Britain surren-
!, dercd the Shenandoah that il was then
, subject to any liens.
The damages sustained to the own
n ers of the Harvest were included in
the list furnished by the United States
. to the Geneva convention when the
. question of Great Britain S respoBsi
, bility for losses occasioned by the Ala
hama, Shenandoah and other Confed-
E crate ships outtittcd in English ports
. to prey ON American commerce was sub
6 mitted to international arbitration.
/. The Geneva convention did not make
A any specific reference to the Harvest
a in its final reports.
I Captain Eldridge Files Action.
t Later John =. Eldredgc, who was in
l. command of the Harvest at the time
l. of its destruction, entered suit in the
) court of commissioners for the Alabama
G claims, on the grounds that he was en-
u titled to one-twentioth of the ships
Il i''lay'' or catch, but this suit was dis
I, allowed. The court. while acknowledge
K ing Eldridge's citizenship, denied his
:. right to recovery of damages while sail
r ing under foreign registry and flag.
{ On June rs, 1905. the Harvest case
Il was definitely referred to the court of
4 claims bv resolution passed by the
Q United States senate.
k The ease has becu in preparation by
n NJ. +. Prosscr during the last seven
wears, and is now about ready for sub
II mission. An immense amount of de-
tailed labor has teen required because
=. of the difficulties attending the "legal
!. proof of occurrences that hogan fifty
years ago. A search has been made of
the Royal Hawaiian Archives, aud Ger.
tilted copies have been made of many
Il old legal documents and records. so
y that the briefs now ready Tor suhmis
y sion nre accompanied by u Noluminous
Y mass of proofs
" The suit hinges ON two circumstances
u annexation OF Hawaii ms n Territory Of
, the United States, aud the prosumptiye
u fact that had not the Shenandoah
) robbed the Harvest OF rs cargo aud
stores IL would not have been able 10
n nach IL home port and might not hive
a heen subject ~ seizure aud condemns
u ton by the lnited states, The fart
4 that ihe Shenandoah burned The llar,
y vest after the terninaiion of the tiNll
Mar Il u0t disputed, ulihough mother
N Maddeli nor The rapiains ot the Nhnlsia
B we're aware NJ the fact ihnt the var
! had ended,
\ Harvest Grew Makes PeTloas Voyage,
II The hlsi matr uf tho ilaRssi aai
ihfre vi ne ViNsers, lfirr ihs deafTh'
: ton ~ ihelT lutaai performed Irai
y ihei proved tho mrlile ~ ne fpnhfs