IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I l^y" 12.5 ■50 ■'- - IIBH IL25 i 1.4 H 1.6 '/. •> Photographic Corpcaation i\ ril 22, 185:{ 82 Board to Chief Manager, April 21, 1851 82 Board to Chief MaiiM«>er, November 8, 185 1 83 Board to Chief Maiiaj-er, .liiue 5, 1857 84 Chief MMna>< Jan Ma.ven seals 'MH Diivis Straits 3(;!» Pueilic walrus ;{(;0 Uses of walrus ;!(;!» Walrus in Iterin- S.'a and on 'the Alaskan eoast '"'" Hunting tli(! walrus 'MiU Wasteful killin.r Ijyo Us HAIU-SKALS^Ou'sKA-lJi^XS- ^Tl 1. 'Soiillieni neu-lhni 2. Auckland sea-lion 371 3. Slellcr'a sca-tion ;{71 4. California xea-Iion .'{7:' 5. (Irai/ xea- lion 37i; SkctioMI. FL'H-siur.s: ;{72 6. Xorlhirn fitr-mal i;roteetim,byRnssia;,",;dVheU;.i;;d'siaies '^'^- 1. talijornia fur-seah ;J7l' Distinct from Alaskan seals -^TS Voyage of Captain Morrell in ix-'r. -^73 S. 'fiion Fernandez fur-seal " .'i73. ;{71 ». Southern fnr-sea) "_ " 371 Kxcessive hunting ' 374 10. Soldi, African fiir-neal [[ 371 ProteetionbyGr<-at Uritaiu!! 37;-) 11. h'ergnelen fur-seal 37.-> 12. \ew Zealand fur-seal 37;-) Protection by Great Britain.... 37;") OK SotTHEKX I'LTR-SKALS • 37;-) Aoeounts of habits by Delano, Fanning, and Morrell Djstinetionof sex ^' "'"'"*>"•" .^-,. Migration of seals 377 Projiagation of seals 377 Not afraid of man at first 377, 37<» Sentinels •{77 Quick nmtions 37)S ^og seals ".^ly^. [.[[[.[ 37X Arrival of m.ature seals 37S Relative size of males ami females •*"« 378 I- II! ill I!, W 1: " i > YI TABI-K or CONTKNTH. Maiuts of Soi-nir.UN i.-t'H-sr..\i.s— Cinititnii'il. ^^^^^ LuImUiiK of «t:i'l« ;^7j( Limnt'vity .^^^ Affoiint of hiil.its by (iroiK.- ( '"iii.T '^^J^ Habits of iiiiim y^^ Youii}^ iiiiilcs 8KAI.8 l'lU)l-Kli oii iiAiit-sr.Ai.s: ^^^ Iiiliiibit all parts of the world \^^^ Habits .^^^ Sulifaiiiilit's .^^^ 1. Iliirhor seah \^^^ 2. lUnijed nml ..j,., 3. llurp ncal '.^^^ Habits of " liritdiiif,' },'roiiiHlH 1^^"^ Growth and habits of puits ■■■■■ ' ^ SealiiiR in Gulf of St. hawr.iicc and coast of Newfoundland .^H- Dcclinc of lit-rd \^^,^ Jan Maycn sea lisht-ry ;^^;^ Closo time adopted ' ' Present closf time insutlicit'ut ' Strict n'nulatious necessary wi^'t't^-; ::-;::::: ',m Nova Zcnibla 4. Ciispian seal ^^, I'erniits to hunt, sold by Russia ' 5. Lake. Baikal mil '^^^ 6. llihboti Kcal .^^^ 7. linvdvil seal Jj^. 8. Ctran mal !^^". 9. ^fo»k Kval *j^'. 10. Went Indian seal ' ' liahania and Alacrau Islands , . ,, .l8t) Destruction ot . 11. Leopard seal *g^. 12. L'mh-eatinn seal .j^^. 13. WeddelVs seal jj^^. 14. lloss's seal ^^- 15. Hooded'seal ' 16. California sea-elephant Report of Capt. Scammou on 17. Southern sea elephant " Habits described by Morrell South Shetland Islamls ' Islands in South Pacilic and Indian Ocean •«• History of sea-elephant huntinfj; '^^ Increasing scarcity of sea-elepbauts Gknkrai- si'mmahy: , oqa rnrestricted killing always leads to extermination ^^ Extermination of southern fur-seals ^^^ Sea-elephants almost extinct ' Decline of hair, harp, and hoodcMl-seals _^^^ International provisiou for a close season ■ ''a TAULK OF ('ONTHNTS. VII PART n. Fl'K-SKAI. IH'NTINC. IN TMi; S( X' III KUN 1 1 KM ISI'H l.l'K. Pli«i'. History of 'M\ Inst. lines of (lovfrniiit'iit protection Hit I Fiilidan.l IsIuimIh :«ll Miis-ii-fiit'ia ; Loltos Island ;{!•(» South Slietland Islands 8!W Sontli (icoiKia Island 3!M) Sandwich Land :{!l!» Tristan daCnnha Islamls and (i(Mij;li Island KX) i'riiicc- Kdward i d C'ro/ct I.slaiids 100 Kt'iKiielcn Laiul 401 Hordi'iM Island, Antipodes Islands. lionnty Islanils, Auckland Islands, etc. 101 St. Paul and Anisterdain Islamis 102 West Coast of South Africa and adjacent islands |o;{ Cape of (lood llojio 101 Goveniiueut re{>;ulation8 401 PART III. Thk Alaskan ki'r-skai, a\i> iM:i,A(iu: skai.ino: Priliilof Islands 10,5 Mijfratlon of seals 10.") ConiinandtT Islands |0)i Islands of Southern Califoriiiii 4()ti Guadalupe Island 406 Haliits of Alaskan fur-seals 40() Mode of propagatidu 407 Size of Prihilof herd 407 Decline due to pehigie sealinjj 407 Wastcjful charact«'r of pelagic scaling 408 Proportion of wounded seals lost 408 Pelagic catch 90 per cent females 409 Dead jmps 409 Reasons why females arc killed 409 Decrease duo to jielagic sealing 410 Kesults of pelagic sealing 410 STATEMENTS AND LETTERS OF NATURALISTS. Statement by Prof. T. H. Huxley 411 Dejiosition by Dr. Philip Lutley Sclater 413 Circular letter of I )r. C. Hart Merriam 414 Reply of Dr. Alithousc Milne Edwards 418 Rei)ly of 1 )r. Alfred Xehring 420 Reply of Prof. Robert CoUett 421 Reply of Dr. Gustav Hartlanb 421 Reply of Prof. Count 'roniniaso Sal vadori 422 Reply of 1 )r. Leopold von Schreuck 423 Reply of Dr. Henry H. Giglioli 423 VIII TAHM: ok roNTKNTS ■I m: I'lllllv Kc]tl,v of Dr. I,'in>liinl ItliMirli;inl Il.':> |{o|il.v of I'rol'. Dr. Willit^liii l.ill.irliiii;; ami I'rol'. liiiiDii .\iliiir I!. Nmili'ii- Hk.jold IL'S Ii'ipl.v of Dr. A. Til. voii Miil.lcmlorf Il.'!t KV|.|.v <»r Dr. Kiiiil ilolnli VM Kijilj of Dr. Ciirl.m lUij,' \Xi FOREIGN STATUTES. Falkland Islands inr> Niw Zi'.ALAM) i:«i (Canada Ill Nl',\VK(H'NI>LANI) I 12 Ul'MSIA Il'l UlU'Ol'AY IIH JaI'AN I lit Ukkat Hkitain AM) Canada 150 A 1>ri«-t'siiiiiiiiar,v of tlic Ihwh of t\w ruitrd Kinuilom of (irctil Itritiiiii mill Iri'liiiiil iiiul ol'tlic Doiniiiidn of (';' inula, n-latiii^ totlic iirotfclioii iil'^anif, birds, and (isht's 152 GuKAT IJhitain: Slatiitt'H rt'latinj; to oystor lislicrics of Ireland I.'t? Statnt«'8 rt'latiiifj to t* 'otrli licniiif; lislnrics l.'iK Ckylon n;i Hc^iulations and crdinancfs of Co;lon I(>1 For the ]»roto('tion of Her Majesty's rifjlits in the diKn;'''K'*t.'»i 5i:i 574 5X«J 5S7 r>HH i !!! ill ' l!>l ! I!; M ; I .' Ill .!! :,-! i TREATY OF ARBITRATFON OF 1892. 1S9..\ ProchiimeiJ May 9, 189.!.-] -'^"' "' "■^- '>"l'Jic'd Mai, 7, desirous to provKle tor an ami(;able settli'inent Of the '*'"•'""'''• J.ehnny's Sea, and concerning also tlie DresftiviHMi, ;.f h. f ^^'"^^\8.oi ThePresideut Of the United States of America, James ix.J.hune, Secretary ot State of tlie United States; and i^'-'ip-to""""-- Article I. t mU iV t , s I T?' "■"',?l';'" '» ■'1'1> toll in tlK, fl, lowing >m ,i ncr 1 2 TREATY OF ARI$lTl{ATION OF 1892. tlie Prosily to the caso, dociuiH'iits, oorrospond- cnce, ami twiiU'iun! so presented by the other party. If, however, in consequence of tlie distance of the pla(!e from whicli the eviflence to be inesented is to be procured, either party shall, within tlnrty days after the receipt by its Extons.oiu.t t.me. ag. iltof the case of the other party, ^ive noticeto the other party that it requires additional time for the delivery of such counter case, docu- ments, (jorrespondt'uce, and evidence, such additional time so iiidi<'ated, but not exceeding sixty days beyond the three months in this Article provided, shall be allowed. If in the h the ArbiUators, to produce the orij>inals or certified copies of any i»apers adduced as evideiu;e, Jiivins in each instance notice thereof within thirty days after delivery of the case; and the orij>inal or copy so recjuested shall be delivered as soon as may be and within a period not exiieeding forty days after receipt of notice. Article V. It shall be the duty of the Agent of each party, within one month after the expiration of the time limited for the delivery of the counter case on both sides, to deliver in duplicate to each of the said Ai-bitrators and to the agent of the other party '^'■^"'"""♦• a i>rinted argument showing the jtoints and referring to the evidence ni)on which his (lovernment relies, and either |>arty may also sni»i>ort the same before the Arbitrators by oral aigument of counsel; and the Arbitrators may, if tliey desire further elucidation with regard to any point, re(|uire a written or printed statement or argument, or oral argu- ment by counsi'l, upon it; bat in such case the other party shall be entitled to reply eitlier orally or in writing, as the case may be. Article VI. doc- lence lite to lother ►f the date rinted IdupU- JAgont [corre- In deciding the matters submitted to the Arbitrators, it is agreed that the following five ])oints shall be submitted to them, in (u-der that their award shall embrace a dis- y the other, or by its citizens, in connection with the claims i)resented and urged by it; and being solicitous that this subordinate (piesticm should not in- terrupt or longer deh»y the submission anre- ceding Artlch' VII, and to Include the terms of the said Agreement in the present Convention, to tlie end that the Joint and several reports and recommendations of said Commissioners may be in due form submitted to the Arbitrators should the contingency therefor arise, the said Agreement Is acccn-dlngly herein Inchnled as follows: Each Government shall ajipolnt two Conunlsslouers to investigate conjointly with the Commissioners of th«> other Governments all the facts having relation to seal life in JJehring's Sea, and the measures nec- essary for its i)roper in'otectioii and ])reservatlon. The four (commissioners shall, so far as they nuiy be able to agree, make a joint report to each of the two (iovernments, and they shall also report, either jointly or severally, to each Government on any points upon which they may be unable to agree. These reports shall not be nuub^ public, until they shall be submittetl to the ' Mtrators, or it shall appear that the contingency of their being uoca by tho Arbitrators can not arise. ■npMpii ^gs^^^s^sr^ TREATY OF ARBITRATION OF 1892. Article X. 5 Eacli Govornniont shall pay the expenses of its mem. i. bars ot- the Joint Commission in thS investigation S- Cc^Sru."'' ^"'"^ terred to in the preceding Article. Article XI. The decision of the tribunal shall, if possible, be made within three months from the close of the arcu ""•''«''»"• ment on both sides. It sliall be made in writing and dated, and shall be signed bv the Arbitrators who may assent to it. u* «!{,». n uj rne The decision shall be in duplicate, one copy whereof shall be deliv- .'.ed to the Agent of the United States for his Gove.nn e ' u d [e ;^K^e^^sl,all be delivered to the Agent of Gre." Sl'lllhls Article XII. vn^^''^' Government shall pay its own Agent and provide for the proper remuneration of the courasel employed by it and of the ''''^ '""^ P'^''!'^^ AiDitrators appointed by it, and for the exi)ense of pie- """'■■ ""i" »«<'>' ].aring and submitting its case to the tribunal. All other expenses Article XIII. The Arbitrators shall keei) an accMirate record of their proceedings, and may appoint and employ the necessary officers to assist them. ^ Article XIV. K' H n 'a'^V^. ^T^ settlement of all the questions referred ^'^""' ""»'• to tne Arbitrators. Article XV. consent ot the Senate thereof, and bv IJer Mritumi.. ««ti«<:nti tiibie America and Her Majesty the (,Jueen of the United Kingdom of (irent IJritain aneh- ring's Sea and concerning also the prostTvation of the fur-seal in, or habitually resorting to, the said sea, and the rights of the citizens and subjects of either country as regards the taking of the fur-seal in, or habitually resorting to, the sai«l waters; and whereas the High Con- tracting Parties, having ditfered as to what restrictive liCgnlations for seal-hunting are necessary, during the pendency of such Arbitration, have agreed to adjust such diflerence in manner hereinafter mentioned, and without prejudice to the rights of either party: The said High Contracting I'arties have apjminted as their Pleni- „, . . ,. . potentiaries to conit Biai uiiiinK States (ill excess of seven thonsand live hundred to be taken on the islands for the subsistence of the natives), and will l)roniptl.v use its best etlbrts to ensure the observauce of this prohibi- tion by United States citizens and vessels. Akticle III. Every vessel or person ofTendiii};- against this prohibition in the said waters of Behrinj; Sea outside of the ordinary territorial limits of the Tnited States, may be seized and detained by the ^ . ., , naval or other duly ennimissioned otlieers of either of the Hifjfh Coutractiiiji Parties, but they shall be handed over as soon as practuable to the authorities of the Nation to which they respectively ix'lou}*', who alone shall have Jurisdiction to try the offeinte and impose the penalties for the same. The witnesses and proof necessary to estab- lish theott'ence shall also be sent with them. Article IV. In order to facilitate such proper inquiries as Tier Majesty's Govein- ment may desire to make with a view to the ineseiitation <»f the case and arjiliments of that Government before the Arbitrators, it is agreed that suitable perscms .tiou. .^ ^^^^^, thousand eij-ht hundred and nniety-tliret, irivinii- to tlu' other I'arty two ui the fur trade of the Aleutian Islands and IJcrinj'' Sea.' It was larji'ely tIironj;li tlie eti'orts of (liiu'or Ivanoviteli Shelilvof that tliese associations with their cont1ictinartnershii» with on«' (Jolikof, and for sevei-al years this firm fij;ured prominently in the i>rosecution of the fur trade of thos(^ rej-ionsand on theeoastof the Anu'rican continent. In 1784 he reached the island of Kadiak, which he ]>roceeded to explon' with refeicnce to its huntinj>- grounds. Notwithstandinji numerous conflicts with the natives, pre])arations were rajtidly made for ocatsh Hay), Cook's Inlet (Kenai IJay), and Yakutat l>ay.^ Of one of these cruises Coxe says: "The voyaj;e of Ismaelof and ISetsharof from Kadiak to the <'oast of America, an account of which was dip'sted by Shelikof, is by far themostinterestinji yet made by the Kussians. They reaehe«l that continent near Prince William Sound, coasted it beyond latitude 50°, ami {^ive a jtartieular descri]»tion of the aspect of the country, the inhabitants, and productions. By comparinj;- their accounts with the narratives of Cook, Portlock, ^Feares, and Van- couver, we have been able to ascertain most of the harbours and places at which they touched, and the j>eneral agreement with the accounts given by the English navigators proves the accuracy of their descrip- tion."' At Yakutat a friendly traffic was carried on with the natives and they were received under the protection of the Kussian Empire, to which they acknowledged their allegiance. The exjiedition then con- tinued south as far as Ltoua Bay, returning to Okhotsk in the summer of 1787.'' The rapid exi)ansiou of the Kussians beyond liadiak is bc>-»t told in the words of the same author: "The settlement formed by Slielikof in the isle of Kadiak has more contributed to spread the extent of the Kussian trade and i)0wer in the North Pacific Ocean than any jireced- ingexpediticms. He sent out detached parties, who formed establish- ments on various parts of the American continent and kept the natives in due order and subjugation. ' Herj?, p. 1 el »eii. " Coxe, p. 207 et aeq., p. 232 et seq. 2 ^ Coxe, p. 232. * Coxe, 1). 247 et acq. 9 1' I ': I ' « i; Hi \m m I m ;iii \'''^i r ,, : I I 'i 10 ADIHTIONAI, I'ACTH KKI.ATINCS TO "During liis siiivry of the Aiiicricati eoii.st Viincoiiv«'i' met with niiiiiy (•oiisith>i'iil)h> hiintin;;' pai'tit's, iin(U;r the roiiiinaiHl of Itiissiiiiis; oiiii in particiihir, wliich he saw in iNu'tlock^s llarhoui-, eoiisistiii}; of not Ichs tliaii iK)0 iiativtss of Kailiaiv anil of the ailjacent regions, lie likewise ini'ntions theiv setllenuMit at Port ICtt'lies or Nooteheek, and {,'ives a liarticuiarch^tail of the faetory which they had establisiied in Cook's Jnlet "^ In 17.S7 Shelikof Jou'-neyed to Irkntsk to obtain for his csompany ex- dnsive control of the far trade, for at that time tliere was dan};er that this trade wonhl eoinc^ to an end uidess carried on und«'r proper restrit'tions. lie met, however, only with partial success. Soon after the Russians had settled upon tlie coast of America tliey bi'j'un Ji}j:litin{; amonjist themselves, the liCbedef Company niakinj;' its appearance at Kadiak in I7S(J, and shortly afterwards movinj>' on to Cooks Inlet aud Piiin-e William Sound, at both of which sjiots tlie Shelikof company had already established itself.'' In 1705 Slielikof died, but his company continui'cl in existence. Two years later a merchant named iMiliidv<»f organized a larjje company, which com])any, however, shortly afterwards united with the Shelikof and other (Mtmpanies, forming' to<>etiier an association known as the United Ameiican Conii)any, with a ciii>italof 724,()0(> rnbles, iind this company became in the year 17!M>, by an imperial ukase, which contained its char- ter, tlu> Kussian American Company. All hnnti'rs or small traders in Kussiau America were invited to Join it. The rijjhts, obli}>ations, and mode of ji<»ver:iment of this Company, as well as the character and ex- tent of its fur industry, of which the fur seal catch formed .it au early date the chief item, are referred to elst'where.'' It was the constant policy of the Russian Govt'rninent and of the Company to juevent foreign«'rs from derivinji' profit from intercourse with the Colonii's, and toward the end of 1822 a Kussian sloop of war rejiched Sitka with instructions that all trade with them should cease. The shareholders of the Cfunpany, however, soon realized that a total suspension of all trade with foreigners was detiimental to their inter- ests, and in 1S24 they successfully petitioned the Governnieut that the l)ort of Sitka be opent'd to such trade." The Company's charter was renewed in 1821. During the second term of its existence a toxir of inspection was nmde through the Colo- nies by the chief manager and they were diviiled into live districts. Further important expeditions were undertaken to Bering Sea and its eastern coast, and many valuable surveys of these regions were nnule. Expeditions were also directed to the interior of the territory of Alaska, and to the Arctic coast east from Kotzebue Sound.^ In the year 1833 an event of some importance took place on the Stikeen River, iipoii which the Hudson's Bay Comjiany Inul determined to establish a station. To accomplish this purpose the brig Dryad was to ascend this river from its mouth, under the privilege conferrt'd by Artitde vi of the treaty of 1825. The Russians, hearing of this, dis- patched two armed vessels to the mouth of the Stikeen, and these drov'e ott' the Dri/tul when she ai>proached. A serious dispute threat- ened for some time to arise out of this affair, but it was settled in 1839 in this way: The Hudson's Bay Company waived its claim for damages on condition that the Russian American Cimipany execute to the former 'Vancouver visited tliese re^^ions in 171)4. ■* See Case. j)p. 35-37. (Seo vol. Ill of his voyajjes, p. 83 et seq.) ■' Letter from the Minister of Finance to ■' (Joxe, p. 264. the board Ai>ril 2,1824, Vol. i, p. 63. sTilthmeuief, vol. i, p. 57. » Tikhmenief, vol. i, pp. 274, 275. iili: THE UIJHSIAN AMKUICAN COMPANY. 11 iilvnsc (()if«Mi yoiirs of all its coiifiiH-ntiil toiiitoiy Iviiiij hcfwoon tlio HoutluMii iMmndiiiy of tlio IJussiiin possossioiis in liititiulc r.-P 41,/ .„„V tii|H' Spi'iHMT, ii|>(Mi iiii aiiiiuiil ii'iitiil of 2,000 liind otter skins At its expiry tlii' leiise was reru'wcd for anotlicr period of ten years"' After exeeiifiiiK t IIS lease the Ross elislied in al.out IHlli on the eoast ot ( Mlih.rnia, heeaine of less aiul les. valne to the Ifussians, and m the year 1S41 it was given up entirely.^ In the inonth of Manth 1S41, tiie Uiissian Government renewed the eharter ot the Rnssian Aineriean (N.n.pany for a further period of twenty > ears. During- this period numerous exploring.- expe.litions con- tinued to I,e s,.nt out. Furthermore, the Company .■miM.rke.l i so . new enterprisi.s. h, eonjunetion with tlie American Rnssian (N.nu T- eial (company it eno,,oed extensively in tlu- business of shippi ,'e from kad.ak and Sitka to California, much capitial l,ein«- vS| n plant of all description. In 185(; the same parties unsei|uent discoveries of Cook were fol- lowed up by Ikussian expeditions. Xo nation save Itnssia ever clainuMl this territoi'y as its own. This she did as early as tiie year 17!M>, not oidy of this shore but alsc) of the coast of the continent, at ' ast as far west as Piince William Sound or Yakutat l»ay, it isfnrni d by what follows. In a nunib«'r of the London (^)uarterly Review oi sUU-'it is said in ref onMKte to the fauKUis ukase of ISiil: "Let us examine, liowever, what claim Russia can leasonably set ui» to the territory in qiu'stion. To the two shores of IJeriny Sea we admit she would have an undoubted claim, on the scoiie of i»riority of discovery, that ()n the side of Asia haviujn' been visited by Deshiu'w in l(t4S, and that of America visited by llerinji' in 1741, as far down as tlu' latitude ."il'^ and the ])eakt ^ mountain, since generally km)wn by the nanu' of Cape Fiiiiweather; to the S(aithAvard of this ]»oint, howev«'r, K'ussia has not the slightest claim."' In the North Aniericau Ifeview for October, 1822, we find thefollow- inji': " We have no d(mbt but Russian fur-hunters formed establish- ments, at an early period, on the Aleutian Islands and neighboring coast of the continent; but we are ecpndly certain that it can be clearly demonstrated that no settleuKnit was made eastwaid of liering Ray till the one at Norfolk Sound (Sitka), in 1 799. The statements of Cook, Vanc the Russians had settlements on the island of Kadiak and in Cook's River; but we shsill take leave to use the same authorities to establish the fact that none of these settle- ments extended so far east as Rering Ray.' Claret Fleurieu, in his introduction to the Voyage of Marchand, pub- ~ny. 20-25. 2 Vol. XXVI. i».3H. ^Scc also, to tilt' same ettVsot, .irticlc in (^iiiU'tely Uoview for IHll, ]». 285. 'Sc(^ also North AiiKMican U«5vie\v, Maicli, iSlti, i>. 'M)'2: ''At the scttlomeut of Nurt'olk Soiiiitl, ill latitude 57" N., tlieic arc about UOO iiussians." 12 UrssiAS TITI.K T<1 I'AUTS OF I'lIK AMIIKK'AN niAST. \:\ la lislicd ill isoi, siiys: "Tlif priiifipiil Mltjccf nl' nil tlicso voynjjrs was tli(> (^XiiiiiiiiatiMii ottliiit liMi;;' ai'clii|uOsi;;o, known iiinlcr tlir collective niiint' ot'tlic Aleutian or Fox Islainls, wliieli the I'ussiati eliarts iliviile into several aicliipela^ioes iimler (lilleceiit names; ot'all tlie part ol'tlieeoast wliiili extends east ami west under the parallel of (»(> and eoiiipre liends a awat nuiiilicr of islands situated to the south ol'the mainland, some of whieli were visited, and others only peieeived l»y iSeeriii;;-; lastly, oftlie I'eiiinsnla of Alaska, and of theother islandssitiiated to the iiortli of this peninsula as far a i the seventieth decree. It is on tlieso Aleutian Islands, and on upwards of three hundred leagues of the coast, irlilcli r.rtrnil lui/oiitl the l'i>liir Cin-h; that the iiidefati^iahle Russians ha\e foriiH'd those iiuiin'roiis settlements, thos«i factories that support the fur traossibIy aciiiiire.''' In a coidideiitial memorandum submitted by Mr. Middleton, Unit+Hi— S tates Minister, to the Itussian authorities duriuf;' the heat oftlie siib- se(pient controversy between the United States and Russia, it is said: " About this time, but a little later, in 1(5!)7, tin; Russians peiii'trated, by Siberia, as far as Kaincliatka, and from thence emliarkiii"' at the ports of Okhotsk and Avatclia, between the years 1710 and 1741, they pushed their discov<'ries in the northern latitudes of tlieCreat Oc»^an. From these disiioveries Russia derives her rijihts to that lonhts which have never been contested.'' " It is, th:'n, demonstrated that Russia, in the year 1 7!)(), was far from formiiijHf any territorial claim for luuself ujion the continent of North America on this side of the sixty-tirst dej-reeof north latitude." ' ' Marcliaml's Voyajto, translati'd 1>y C. 1*. (Jlarct Floiiriou, l.ouiloii, 1801, vol. I, inti'diliK't'ion, p. xxxv. ■ Ihid., vol. I, p. 270. 'Amcriciin 8tato Papers, Forci;?u Hclatioiis, vol. v, p. 450. ni '111 i:: Hi: IMPERIAL RUSSIAN EDICTS RELATING TO THE RUSSIAN AMSRICAN COMPANY. ■I if II ^m r' iijv;' llj! Ml CHARTER OF 1799.' First charter of the. limsUui American Company. On the orif>iiial is writtcMi in Ifi.s Imperial Majesty's «»\vn liand: ''Bo it tlius."— Peteihott; July 8, 171M>. "By the. ft'race of a merciful (lod, we, Ciuil the F irst, Kmperor and Autocrat of all the Bussias, «'te. To the llussian American Com]>any under our hijihest protection. The benefits and advantages resultinji- to our empire from the huntinjiand trading carried on by our loyal sui jects in the nortluiastern seas and ahmgthecoastsof America have attracted GUI imperial attention and consideration; therefore, having taken iMider our innnehest ])rotection to enable them to pros«'cute tlieii- enterprises with jiieater force and advantajne. VI. To employ for navigation, hnntinji', and all other busiiu^ss, fr: e and unsjispected jx-ople, havinji no illegal views or intentions. Jn «'on- sideration of the distance of the localities where they will be sent, the provincial authorities will grant to all persons sent (uit as settlers, linn- ters.and in othei- capacities, passi)orts for seven years. Serfsand house- servants will only be employeer tor icpairs, and occa- sionally for the construction of new ships, to use fieely such timlun- as is recpdred. VII I. For shooting animals, for marine signals, and in all unexpected emergencies on the nniinland of America, and on tlie islands, the Oom- j»any is permitted to buy for cash, at cost price, from the Government artillery nuigi>zin<- at Irkutsk, yearly, 40 or 50 ])<)uds (»f powder and from the Nertchinsk mine 200 pouds of lead. IX. If one of the partners of the Company beconu's indebted to the Government or to private persons and is not in a condition to pay them from any other pro])erty except what he holds in the Comi)any, such l)roperty can not be seized for the satisfaction of such debts, but the debtor shall not be permitted to use anything but the interest or divi- dends of such proi)erty until the term of the (J<)m])any's jirivileges ex- pires, when it will be at his or his creditor's disposal. X. The exclusive right is most gracicmsly granted to the Company flaces; and other companies which may have been fornu'd will not be allowed to continue tiieir business unless they unite with the present Comi)any with their free consent; but such private comi)anies or traders as have tiieir vessels in those regions can either sell their i)roi»erty, or, with tiie Company's consent, remain until they have obtained a cargo, but no longer than is recpiired for the load- ing and return of their vessel ; ami after that nobody will have any privileges but this one Ctmipany, which will be protected in the enjoy- ment of all the rights menti(med. XI. Cnder our highest protection the Uussian American Coiiii)any will have full control over all above-mentioned localities, and exercise judicial powers in minor cases. The Comi)any will also be permitted to use all local facilities for fortitications in the defense of the «'ouutry under their control against foreign attacks. Only i)artners of theConi- ])aiiy shall be employed in the administration of the new possessions in charge of the Company. !i I I ll'l ' I'll! I !ll;f ijir'i ' if ! I r ii: ' m. 1 I'll"' IG IMPEKIAL KLiSSIAN KDlL'TS. UKASE OF 1821. > Edict of his Tnipcritd Majcsti/ Autovmt of all the Rmsias. Tlio Dinn'tinp; Sonntc malvoth known unto all nuMi. VVht'icas in an edict of Ills Imperial Majesty, issued to the Direetinj: Senate on fhe 4tli pertaininf;' unto Russia, is subjected, l)e«'ause of secret aiul illicit fcrafttc, to opin-ession and imju'dinients; and lindiiij;- that the i>rincipal causi' of these diHiculties is the want of rules establishinji' the boun- daries for navij»'ati(m alonjj these coasts, and the order of naval com- numication as well in these i»laces as on the wludeof the eastern coast of Siberia and the Kurile Islands, WK have deemed it necessary to de- ternn'iu' these comnumications bv speciJic regulations, which are hereto attached." "In Ibrwardin;;' these rej«ulations to the I)irectinj>- S»'nate, weconi- niand that the sanu' be published for univtMsal information, and that the propel- measures be taken to carry them into execution." (Counteisiyued: Count D. Gurief, Minister of Finances.) It is tln'refore decreed by the Directinji' Senate that His Imperial Majesty's (Mlict be published for the information of all men, and that the same be obeyed by all whom it may concern. The oriji'inal is si<>ned by the I>ire<'ting Senate. Printed at St. Petersburg, iu the Senate, 7th Septeud)er, 1821. On the orij>inal is Mritten in the haiulwriting of His Imperial Maj- esty, thus: I>e it accordinju'ly — Alexander. Kamennoy Ostroff, I til Srptinihcr, 1S21. lil'/.l'JS ESTMiLISHED FOR Till': LIMITS OF NAVIGATION AND OUDKli OF VOMMISICATION ALONd TIIF COAST OF FASTFliN SIliEIllA, TIIF NOIiTinVFST COAST OF AMERICA, AND TIIF ALEUTIAN, KURILE, AND OTHER ISLANDS. Skc. 1. The i»urs)iits of commerce, whalinji', and fishery, and of all other industry on all islands, i)ort8, and <;nifs inchulinj;' the whoh^ of the northwest coast of America, bejiinninji' from Ijehrinfj's Straits to the .■>l°of n(U'thern latitude, also from the Aleutian Islands to the east- ern coast of Siberia, as well as alon<>- the Kurile Islands from B«'hrinji's Straits to the South Cape of the Island of Urui», viz, t() the 450 50' northern latitude, is exclusively ji'ranted to IJussian subjects, Seo. 2. It is theref(U'e i)rohibited to all foreijun vessels not only to land on the coasts and islands belon}iinj{' to Russia as stated above, but also to ai)pr()ach them within less than a hundred Italian ndles. ' Tnmsltitum iis sent out liy tin- Russian (lovciiuneut iu 1821. TTKASE OF 1821. 17 MaJ- of all lolc of lits to cast- 15° 5(»' inly t») above, miles. i ''4 The trausf^iessoi's vessel is suhjeet to con liscation along with the whole ear^o. Si:c. .'J An exeeption to this rule is to be made in favor of vessels cur- ried thither by heavy gales or real want of provisions, an«l unable to make any other shore but suii;i)oseof rei)airing or careening a foreign nu'rcliant shijt that she dis' Iiarge the whole caigo, the mas- ter is obliged to ask the permission o^ the commander of the place. In this case tlie captain shall deliver to tiu' comnuinderan exact list of the nature and «piality of the goods disi-harged. Everyone who omits to report any part of the cargo will be suspected of smuggling and shall pay a fine of oue thousand deoi)lo in thi' service of the company, or of the foreigners living iu the company's settlements. Ships proved to have tlie intention of carrying off any person behuig- ing to the colony shall be seized. Sec. 13. Every purchase, sale, or barter is i>rohibited betwixt a foreign merchant ship and peoi)le in the service of the coui]>any. This ]»rolii- bition extends equally to those who are on shore and to those emphtyed in the company's shii)s. Any ship acting against this rule shall pay tive times the value of the articles, stores, (U- goo foreign vessels are to be seize(l. Sec. 10. The foreign merchant ships lying iu harbcn- or in the roads dare under no i)retence send out theii- boats to vessels at sea, ointed for the pur- l)ose and whose boats be under the colours of tlie Kussiau American Company. Any vessel acting contrary to this regulation shall pay a fine of five hundred dollars. Sec. 17. No ballast may be thrown overboard, but iu such places as are aj^iiointed by the commanders. The transgressor is liable to a fine of five hundred dollars. Se(J. 18. To all foreign merchant ships during their stay in anduning places, harbors, or roads, it is jjioliibited to have their guns h)ad»'d either with balls or cartridges, under the risk of paying a fine of fifty dollars fiu" each gun. Sec. 19. No foreign merchant ship in port or in the roads, or riding at anchor, may fire guns or muskets without previously informing the commander of the idace or settlement, unless it be for pilots, signaliz- ing the sanu! by the firing of one, two, or three guns, and hoisting her colours as is custouiary iu similar wants. In acting contrary thereto, she is subjected to a fine of one hundred dollars for each shot. Sec. 20. Ou the arrival of a foreign ship in the harbour or in the roads, a boat w ill immediately be sent to meet her, and to deliver to the cap- tain a printed <'opy of these regulations, for which he must give receipt in a book destined for the pui'pose. He is further obliged to state in the book as pr. annexed form, all information required of foreign ves- sels. All ships refusing to comply with these regulations dare not ap- proach the harbour, roads, or any anchoring place. ■,!J! UKASli OF 1821. 19 titty i their crew in striiit order and proper behavior on the coasts and in the ports, and likewise \nv- vent their trading or bartering witli the company's people. They are answerable for the (conduct of their sailors and other inferiors. Illicit trade carried on by saih>rs sul)ject the vessel to the sanu^ penalty as if lie met sucli and sncli a forcij^ii v«'ss«'l, iind shall >x'\\v a Inicl'aciMnnit ofllie <'ireumstann in lieu of th(M*ai>tain, he is then to iwld this eireumstanee, si ,ned by liimself. xVfti'r this arranjiemenl tiie Joniiial, list of the ei'ow, psissports, in- voices, accounts, and all fuither papers res]>ectin;;' the vitnvs and pur- suits of the voyaj-'e of the vessel shall be jtut up in ."{. I'.esides this, everythinji' else nuist be sealed by the liussian ollicer antl the foreijin captain that is not reipiisite for the con- tinuation of the voyajic to the piirt of St. Peter and Paul, excepting the ett'ects for the immediate and sole use of the ship's crew, which shall not be withheld from them. Sko. 2S. Ilavinji' thus fixed all nu'ans of ])recaution, the ollicer sent to airest the forei;;n vessel shall instantly make his report to his (rhief and await his orders. Seo. 1.*9, Thus, should by any cause stated in the s<'cond, eleventh, twelfth, and twenty-first se<'tions of these re}>ulations a foreif>n vessel be subjected to c(»ntiscation in any port near the settlements of the Hnssian American Company, the commander of that settlement is obliji'ed either to ask the assistance of he liussian man of-war, if there be any, and the commander of which, on receipt of a written recpiest, is oblijie.il to arrest the vessel and use all the precautions prescribed iu the foreR'oin}? article; or, if there be no liussian man-ofwar in the har- bor or its neijihborhood, and the connnander of the settlement find that he and his people can arrest the vessi'l by themselves, he is then to a(;t {\ecordinjj; to the twenty-sixth, twenty-seventh, and twenty-ei}«hth sec- tions, and i)uttinj;- aslxtre the captain and every means of getting the vessel away, he nuist endeavor as soon as possil)le to j'ive information of this event either to the <>'overn(»r of the colonies of the liussian American Company or the commander of the imperial man of-war, if it be known where slu' lie. Sec. 30. When, ii. conseiiuence of such a report, the governor of the colonies shall send a company's vessel, or a Government vessel arriving, then the commander of the place shall deliver uj) the vessel seized, and all belonging to her, and shall report respecting his reasons for confis- cating the vessel. Sec. 31. The commander of the vessel taking charge of the seizure prize inventory shall examine immediately into all circumstances men- tioned and compare it with theaccountsof the connnander of the settle- ment, who will give every elucidation re(|uired. Sec. 32. All vessels detained by liussian men of-war are ordered by those regulations to be brought to the port of Sr. Peter and Paul, where the sentence is to be passed on them by a court established for adjudg- ing such cases. Sec. 33. This court, under the presidency of the commander of Kamtchatka, shall consist of three senior ollieers umler him and of the commissioner of the iJussian American Company. '!-;il UKASE OK 1821. n • of tlie living, contis- I »(lov of of the Skc. ;U. As soon as a linssian vessel, brinj-ing into iho jxnt of St. VvU'V and PanI a foi('ij;n vessel arrested \ty lier, lias conuj to anchor in llic place assi;;nc(l liei', the conunander of lier is inniMMliateiy to rejciir to the coniinandiT of Kanitchatka, stating hrieliy what vessel he has Idonght in, the nuniher of the <'re\v and of the siek, sinicifying their diseases, and reporting like,\vise whether the vessel has snlliciiint victnals, and what goods, guns and other arms, powder, etc., are on board. Skc. 3r». The eouunander of Kanitchatka on receiving tliis report will ordei' two ollieeisand a sullicient niunher of men on l)oard the de- tained vessi'l. 8.i;('. .'<(». These two oHicors, together with theollicers who hrouglit in the detained ship, when on hoanl ar<' to siiniinon the master ami two of his mates, or men in command next to him, inspect all the seals put on the vessel, and then taking them otf begin imnuMliately to make an accurate list of all the ell'ects belonging to the vessel. Si:('. 37. This list is to be signed by all the (tllieers on both sides wh(» were i)resent in drawing it up. The commander of Kandchatka is to use all possible endeavors to secnni from i'mlx^z/.lement or damage all ('fleets behuiging to the detained vessel. Se(i. 3S. Tlie eiew of the vessel is then to be stiid ashore, to such places as shall be apiM)int<'d by the commander of Kiimtchatka, and remain then* until the close of the investigation. Sk(". 39. The commander of the Russian vessel is obligt'd, in the course of two days after his arrival at the i)ort of St. Peter and Paul, to make a minute represeidation to the commander of Kandchatka of all that shall have happened at the detention of the foreign vessel brought in by him, and to deliver said vessel, together with the sealed jtackct containing her papers expressed in see. 27. Si;(!. 40. If the Kussian vessel that brought in the port of St. IN'ter and I'aul a foreign vessel cannot, for reasons, remain there until the close of the investigation, but be obliged to proceed to sea in a very short time, the coinnnunler, in order not to (h'tain her, shall use ail possible dis])atch by bringing foiward the investigation of such poiids as may recjuire the presence of the Itussian vessel. Skc. 41. Having settled everything on board the arrested vessel, and landed the crew, the c(mrt immediately shall open the session and en- deavor to ascertain as soon as possible the solution of the inquiry, "whether the vessel b(! lawfully arrested or not." Se(!. 41*. In order to ascertain this, the following proofs shall be sub- stantiated: (1) That the vessel was met with within the bound.ariea prescribed in tlie second section of these regulations, and that her having been within said limits was not occasioned by reasons stated in section .3. (2) That the vessel is a hiwful ])rize by virtue of the secitions 2, 11, 12, 14, and 21 of these regidations, and the — § of the instructions to the commander of the Kussian man-of-war. isVjC. 43. In order to decide either case, the court is to inspec^t all documents presented, and tracingon one partall proofs of guilt, and on the other all d 1 ih Nfi Hi! i\ ■I I if ':: !•• Ik; .'l| I'M' I ill' \rfh> I'l: :l! I; ; •' i'' liiillir :!;!! !■ li I : ll ;*:(: 1 I lll'l >, m ill' n IMPKRIAL RUSStAN EDICTS. })i«.s^iii<; the seiitoiico is \o «letcnii!!M' the (liim;ij'('.s sutf'ered by sucli de- tciitioii, iiiid to furiiisli Ixttli partu's with ii certiiied copy oJ'tliis resohi- tioii. Sie (sliould it hai>i>en) assi};n it in writing. HVA'. 4(i. Siioul«l both parties be satisfied with the decision of tlie court, then the connnander of Ivanitchatka is to releast^ immediately the detained vessel, returning everything to the master according to tlu' inventory, ahnig with the adjudged danniges, exacting them from wliomsocver is to pay the same. Skc. 47. If on the contrary the court receives on the third day a repeal to its decision, it is bound to take tliat repeal into immediate execution, as will be explained hereafter. Hkv. r»l. Should, however, the master deliver within the time limited his ju'otest, then the court, examining it with all possible impai-tiality, shall call f(U' all further explaimtions, and having inserted the wlnde int<) the Journal of the court, shall pass a final sentence and pron(Uinco it as stated in se<^tion 47. Hkc. 52. If by sentence of the oxa«'t«'marks, and shall ap- point other ofrtcers to inspect such articles as may appear unfairly valued. Sec. 5iS. If the commissioners heieafter continue in their opinion and the commander of Kamtchatka tind it impossible to agree thereto, he shall provisionally consent, and leave the tinaldecisi(mto(l(tvernment. Sec. 59. According to this valuation, the connnander of Kamtchatka shall mark for the use of Government all those articles whi«'h bethinks are wanted; the remainder is left at the disposal of the officers of the ship, or of the llussian American Company. The seized vessel shall be valued by the court, and the valuation sent immediately to the Minister of the Navy, with a report, whether such a vessel is wanted for (lovern- ment service or not. Sec. 00. The whole sum of valuation of the contiseated vessel and cargo is to be divided in the following manner: The expences necessary to forward the ship's crew to one of the i)orts in the lialtic are to be deducted, and the remaining sum divided, if the vessel has been taken by the linssian American Company's otticers, and carried to the port of St. Peter and Paul, by a shij) of said company, without the inter- ference of a man-of-war, into tive parts, of which one goes to Govern- ment and the remaining four-fifths to the American Company. If the vessel be taken hi any of the Company's settlements by the Company's ofiictrrs, but brought to the port of St. Peter and Paul by a man of-war, after deducting (me fifth for Government, two fifths are to belong to the i'rew of the man-of-war and the remaining two fifths to the Kussian American Company; and, finally, if such foreign vessel be detained by men-of-war only, without the assistance of the Company's oiHcers, then, 24 IMTKRIAI. UlISSIAN KlUCTS. I ■I, .11 ''■if' « ' :iiii' ,;| ■; II rli Hi I PI I i Ht'trr (ItMlucfiiiji' oiH' lil'tli for (loverniiH'iit, tlie I'tMiiaiiider is left to tlic ofliccrs of tlic iiH'ii-of Wiir. IJiit if (he vessel lie taken l»y tlic c(tiijniiit lorees <»rii mun-nf-wsir iiiid a Compiiny's vessel, tlu'ii the |H'i/e shall be divided hetweeii fheni in juoportion to their strenjith, refjulating tlie same aceordiny to the mini- ber of guns. Skc. (M. The sum eomin}; to the oHieers of the nuiii-of-war shall be divid»'d aee(n'diii;i' to the rules for «lividiiig prizes in time of war. In .all cases otlit-ers who had a share in seizing foreign vessels, eoiivi^-ted of the inteidion of infringing the lu-ivileges most graciously granted to the Itussian American Company, may expecit to receive tokens of His Imperial Majesty's approbation, «'speeially when after deducting the expellees for conveying the crew their part in the prize money should prove but triHing. Sec. 62. If a foreign vessel detained by a Uussian, being under the command of a Jtussian olHeer, should be vast away before reaching the port of St. IVter and Paul, the following principle shall be<>bserve«l: If the foreign vessel alone be lost and the Uussian accompanying her arrive at the port of St. IVter and Paid, then the court acts according to the foregoing rules to determine whether the vessel was lawfully seized. In this case (rovernmeut takes upon itself the expeiices of con- veying to a port of the Baltic such of the ship's <'rew as were saved. Put if such vessel should not be inuv^d to have bt'eii detained lawfully, then independent of those expences the ship shall be valued and such valuation forwarded to (iovernnieiit for the payment of what may be «leenied Just; at the same time investigations shall be made on the loss of the vessel; and the otticer that had tln^ command (if saved) is to be tried according to the maritime rules and regulations. Sec. 03. The Commander of Kamtchatka is bound to make a special repcu't to the (Jovernor-Creneral of Siberia resi>ectiiig every circum- stance hapi)eniiig to foreign vessels, annexing copies of all documents, journals, and sentences of the court and of all papei'S rehiting there- unto. The original is signed: COI'NT D. GUKIEF, Minister of Finances. CHARTJEiR OF 1821.' Sceoufl ehorter of the littfisian Anurivan Company. Signed in the original by His Imperial Majesty's owu hand thus: Be it acconlingly — ALEXANDER. PORKHOF, Scptemher 13, 1821. PRIVILEGES OR ANTED TO THE RUSSIAN A:\rEKICAN COMPANY FOR A PERIOD OF TWENTY YEARS FR03I THIS DATE. The following rights are most graciously conferred upon the Compa iiy : I. The (Company established for carrying on industries and trade on the mainland of Northwest America, on the Aleutian, and on the Kurile Is^ 'For Rim»iaii text sco Tikliuieiiiel", vol. i, a^tp., p. -11. J ■f •rfp CHARTER OP 1821. B6 the ■e Is^ lands, remains Ji8 heretofore uinler the highest protection of Ills Impe- rial Miyesty. II. It enjoys the privilege of hnnting and lishing, to tlie exclusion of all otiier liussian or foreign subjects throughout the teiiitories long sint^e in tiie possession of Uussia on tin* «'(»asts (►f North\v»^st America, begin- ning at the nt)rthern point of the island of Vancouver, in latitude ">1 north, and extending to llering Strait and beyond, as well as on all ishunls adjoining this coast and all those sitiuite«l between this coast and the eastern shore of Siberia, as well as on the Kurile Islands, where the Company has engaged iu hunting dowu to the south cape of the Island Urupa, in latitude 45° 50'. III. To enjoy ami use all that has been found or discovered within the limits of thelocalith's described, on the surface as well as in the bowels of the earth, and all that they may hereafter discover, regardless of any claims advanced by others. IV. To make new disc(»veries beyond the linuts defined ab()ve; and such newly discovered hn-alities, if they have not been jueviously occupied or taken possession of by other Kuropean nations or subjects of the American United States, may be occupied by the Company as Kiissian possessions; but no permanent settlements must be established there without highest permission. V. The Company is permitted to establish in the future, as necessity may lequire or its interests may denmnd, witliin the limits nu'utioned in sec- tion 11, new settlements and fortifications to protect siu'h settlements, (u- to extend and improve original settlements, dispatching to those regions ships with goods and reenforcements of men without interference. VI. In order that the Company alone may enjoy the exclusive rights be- stowed upon it, and to ])revent in the future any molestation or disturb- ance on the part of Russian subjects or foreigners, rules and regulaticms have been established indicating how to proceed with those who either intentionally or by accident violated the prohibition against visiting the regions contained within the limits described in section ii of these I)rivileges. Therefore these rules must be strictly observed both by the Company and by the oflicials concerned. VII. To carry on intercourse by sea with all adjoining nations and to trade with them with the consent of their respective governments, excepting with the C!hinese Empire, the shores of which must not be visited by the Company's ships. Care must also be taken that the Company's ships do not engage in any traflic with other nations or in any other intercourse prohibited by their respective governments. 1 4 M mm ii-&> li p I" 1:1!; ii'fii; h I jij! i.i.i ';'i«iiif" i, i; i r IMPERIAL RUSSIAN EDICTS. VIII. Tlio board of iuliiiinistratioii of tlie Ivii.ssiaTi Ainoricnn rompaiiy is to ho rucofTiij/tiil ill all cuiiitsof law as bciii^ iiitniHtcd with the inatia^reincnt of tln' Company's urtairs, and il\suit8 aiv InouKl't in c()nits ofjnstico in connection with its bnsincss it must not be done in the name of any individual partner of the company, but iu that of the board of ad ministration. IX. Having intrusted to tbe nuinaj>ouient of the Oomi)any so vast sin ex- tent of country, with considerable niunbers of iiduibitants, in order to enable it to carry out more ctlectively the object of the (Government th(^ followiu};' special privih'f;es are jiranted to its employes in all its interior an«l coast stations and a};eiu*ies, whether manajiers, bookkeep- ers, cashiers and their assistants, supercar}>oes, ship's ch'rks, or others: (1) To the chief manager, on his assumption of the duties of the jjost, are extended the privile}>es granted by the ukase of March 21, 1810. delining the status of olllcials in the government of Siberia, provided he hold rank in the military or civil servi^'e of the Empire. (2) All oflicials who are entitled to enter the service of the Company under the provisions of the ukase of April 0, 1802, are considered as in active service in regard to lewanl and promotions, with the exception of such grades as are conferred only by reasonof seniority or continued service with a special comnnind. They are also entitled to half pay and to military servants umler the jjrovisions of the same reipiirement. (3) Oflicers or otticials who have b«'en retired prior to entering the Company's service retain their original rank and are to be considered in every respect as in active service. This right is also extended to th«)se who, since the grant of highest privileges in the year 179!>, have entered the Company's service in various capacities. All individuals beh)nging to classes entitled to enter the Imi)erial service, but who have not i)reviously held any rank, will, after two years' service with the Company, receive the rank of collegiate registrar upon due application by the board of administration; the succeeding grades to be obtained by continued service under the provisions of general laws. On leaving the service these individuals will retain their rank only when they have served five years and have been recommended by the board of admin- istration as worthy and efficient.^ • «»#«#• XVII. The Russian Am(>tl<'V»a Company is most graciously permitted to load the ships dispatciied from Kronstadt aroujid the world, and from Okhotsk to our colonies, both with Russian products and with foreign goods upon which duty has been paid; also to unload the ships return- ing from the colonies with cargoes of furs and other products without detention, upon declarations made at the custom-house at Kronstadt by the board of admiinstration and at Okhotsk by the agent stationed there. On shipping such cargoes from one Russian port to another no duties shall be coUec^ted unless a special internal tax on furs be estab- lished hereafter by law. ' Sections x-xvi contain regulations relating only to internal management; and have therefore been omitted iu this translation. i Byt Autoci' Asw our En our liiq °?^^^^H veiy to august -'^'^^^^B its exis Pi'ogres of cuniii erable ii Wish ''4i!^^^K common J/IB^^H sian An i"gby t ^J^H lieges gi '^I^^H 1821, wc (1)T1 ' ■ ■I CONUKMATION OF CIIAUTiai OF 1821. XVIII. 27 Altlioii;ili it i,s])r(>liil>iti^d by liij^lu'st iikasc to cut Oovornmcnt timber witlioiil Uic pcrmisNion of tlic loirstry oHiciiils. tlic Compiiiiy is per- iiiittcd, in vi«\v <>l tlic n'liiott'iit'ss of tlic OkliolsU «listri«'t, when' much tiiiiltcr is iuhmUmI tor rrpnirs aiiht to i)rolit by all the fur and tish industries, to the exclusion of all other lUisslan subjects. (4) The part that neijihboriny' nations may take in these industries, as well as the nature of the coast relations with the Russian American Company, shall remain on the basis of these same treaties until new rules siiall be published on thi.i subject. (5) All the advantages and rights conceded to Kussia by these treaties are giauted to the Company, on which is also i!ni)osed the strict fulfill- ment of all the mutual oblifi'ations of Ifussia stii>u]ated in these treaties. (0) The internal administration of the affairs of the Company, its relations totlie (Jovernment, the personnel and the duties of the sui>i eme council of the chief administration of the directors of the Colonies, of the local ajicncies, and of the shareholders shall remain on the basis of the rules of September i;?, 1821. (7) All the articles of these rules and of tlu' privilef>es published t<.- gether with them, which are not limited by the aforesaid treaties, and which are not contrary to tln^ ukase of October 14, 1827, concerning en- trance into service, shall remain in full force and vigor in their full extent and for the whole time for which they were granted to the IJus- sian American Comjianyby our most auji'.iist brother, the late Empreror Alexander the First. In conclusion of this our Imperial chartt'r, we order all our military and civil authorities and all our (lovernnient officers not only not to pre- vent the Hussian American Comp.my l'i')m availing itself of these rules and privileges granted to it by us, but in case of need to forewarn it of any damage or harm which may come to it, and to render all legal as- sistance and protection tt> its board of administration. For the greater force of this charter which we have grante. U. CHARTER OF 1844. n I by st np- Sec, L'. The limits of tlieiiavijiiitioii ainl triidc of the Company on tlic siioiT of tliccMtntiiicnt and on tlic islands of Nortliwcstcrn America, aic w itliin the foilowinj;' line of dcnnircation between llnssia, Knjiland. and America: ('omini'ncin<;' with the soutliernmost jioint of tlie Islaml (»f Prince of Wales, which jtoint is situated at 54^ 4(»' north latitude and between 1.">1° and l.'».'P west longitude (reckoninj;' from the meiidian of (ireenwich), the above line runs northward along the straits named I'ortland < 'hannel to that poi:"t of the uniinia nd where it touches the odth degree of north latitude. Hence tiie line ol" demarcation f(»llows the ciest of the mountains which stretch in a direction parallel with the coast to the crossing at the 141st degree of west longitude (from tiu"; same meridian), and tinally, fnun this point of intersection, tiie same meridian of the 141st degree constitutes in its extension to the Arctiany the giM'atest possi- ble assistance in carrying out the aims of tlie any before ten years return to their original status. o. Those of the em])loyes who shall have served ten y. ais v-iii) spe- cial benefit to the Company are granted, npon recommeti (}!<:••« < i the board on being relieved from the service of the Conipany, y.. ;s./, ;,i non- orable citizenship, up(Mi transfer from the original class, and in case of l»arficular deserts the board of administration of the Company is au- thoiized to solicit the granting of hereditary honorable citizenship. Sec. 9. Governmeni: employes while in tlie service of the C'empany l^i'cserve the right, if they afterwards continue in the service of the Government, to have their service in the Comi)any counted with regard to pensions and orders of distinction for unimpeachable service.' * * * * * # # Sec. 1<». The vessels sent bj' the Company from Cronstadt around the world, from Okhotsk and other Russian ports to the Russian col- onies may be loaded with Russian products as well as with foreign goods, having once paid customs duty, and the vessels returning from such colonies with cargoes of furs and other merchandise and products may be discharged without detention upon declarations made by the board of administration at the custom-himses, and at the itort o' (Jkliotsk uiton declarations from the Company's local oflit^e to the c iS- toms antln)rities of that i»lace. Inasmuch as all said merchaiidise is being carried from one Russian ])ortto another, it is not subject to cus- toms duties or any other duties unless the furs are subjected by special law to an internal-revenue tax. Seo. 17. In consideration of the remoteness of the province of Oc- hotsk, where the necessity arises for the repair and sometimes for the building of vessels, the Company ispermittiMl to take in said province the necessary timber from convenient places, ]m)vided, however, tlnit the Company's office at Okhotsk shall immeduvtely inform the h)cal for- estry authorities of the place seleeti'.' ibr the cutting of tind)er ajid of the (luantity and ([uality of the timber cut. Sec. 18. F(U' the shooting •►f animals, for maritime signals, fu • sc I Soctions 10-15 eontaiii n'Kulations rcliitiii}; only to iutermil mauatj<;iueut, ftii:! bnvi; tliei'ofui'o beou oniittetl in this truuslatiou. CHARTEK OF 1841. 31 arming Of vessels, ports, and redoubts, aud for otiier uses on the con- tinent and islands <,f A.aer.ca, tl.e Company may receive for cash from the stores ot the port o Cronstadt, gunpowder, caui.on, ammnni IT and other artillery munitions which can not be acqnirec by i re s,? n the colonies. All these artich-s will be furnished to the (NnZ^, v it the prices paid by the Xavy Department with the ad.lition < f lO^ncr cent tor the maintenance <.f magazines. At times when th tc iVno communication by sea between St. Petersburg and the Coh„ ics t e Company may receive annually on the above-stated terirfX 4(» to 80 pounds ot gunpowder from the (iovernment artillerv st.>re situ w t^a^S;x^h;!iS""' ''' ^"'""' '' ^•^"^ ^romthesm4iSg:;^lbll^;' iu^TJ'h ^°. '*'''*''■ *" '®.V"r f'ee'lom of acti..u and safety in the oinna tionsof tiie Company, all the premises occupied by its offlceran pv emptcd from military occupation. ^ "^ ^^' Sec. 20 As the capital of the Company attbrds ample securitv fnv quests of the board of administrati.m and its sub,)rdii .■ te< nf t .f i SEC. 22. Ihe rights and privileges granted to the Comn-mv «i...ii i ^ m force for twenty years, rcckoni,;^ irom the 1^<;; Jan^;;;;;;;^ ^!;:^^ viSlihl^t t[r" "'"^ ^'''''"^ '^^■•^^'^ "*■ ^'""^ **'^"^-ter all previous i.rovisions lelating to the Company are repealed, and will i)res(!rve their force m.K as to matter, arising before the promulgation oV the conJlltutZ. ^ I iS: n m TREATIES. CONVENTION BETTVEEN GREAT BRITAIN AND SPAIN. AT THE ESCURIAL, OCTOBER 28, 1790. SIGNED 14; A I w [Trnuslatiini, as laiil bfl'orc rarliaiiit'ut.] Their Bi'itaiiuiir and Catliolic Majesties, beiiij;' tlesinuis of terminat- iii^i', by a sjicedy and solid aj;TeoMient, the ditt'crenees whieh have lately arisen Ix'twevOu the two ('rowns, have Jnd,iied that the best way of at- taininji' this salutary object would be tliat of an a niieable arrangement, which, "ttiuji!" aside all retrosi)octive discussion of the rights and pre- tension • two parties, should (i.\ tlieir respe<'tive situation for the future on ■ -is conformable to their tru»( interests, as well as to the nuitual desi. with which their said Majesties are aninnited, of estab- lishing with each other, in everything and in all i>laces, the most per- fect friendship, harmony and good correspondence. In this view they have named and constituted tor their IMenipotentiaries; to wit, on the part of His Hritannic Majesty, AUeyne Fitzherbert, Esq., one of His said Majesty's Privy Cayes to tak<' the most elfectual meas- ures to pn'ventthe navij^ation and tishery of His subjects in the I'acilic, Ocean, or in the South Seas, from beinj;' made a pretext for illit'it traver expiessly stipuhited, that IJritish subjects shall not navif^ate, or carry on their fishery in the said seas, within the space of t<'u sea k'afii'cs from any i)art of the coasts already occujned by Si)ain. V. It is agreed, tliat as well in the phu'es which are to be rest, or shall hereafter make any, the subjects of the other shall Imve fn-e access, and shall ' arry on their trade, without any disturbance (u- molestatiim. VI. It is further agreed, with respect to the «'asteru and western coasts of South America, and to the ishnnls adjai^ent, that no settle- ment shall be formed hereafter, by the resju'ctive subjects, in such jiartH ot those coasts as are situated to the south of those parts of the same coasts, and of the islands adJa(H'nt, whi<'h are already occupied by Si»ain: provided that the said icspective sid)Je('ts shall retain the lib- erty of landing on the t-oasts and islands so situated, for the purposes of their fishery, and of erecting thereon huts, and other temporary buildings, serving only for those pur]»oses. VU. in all cases of complaint or infraction of the Articles of the lu'csent Convention, the officers of either Party, without permitting themselves previously to commit any violence or act of force, shall be boun' well understoctd, that this ajireemcnt is not to be construed t<> the prejjidice of any claim, which either of the tw(» liijiii contractin,u parties may have to any part of the said couUiVy, nor shall it be taken to aWW.t the claims of any other Power or State to any i)art of the said country; the oidy obJe«'t of the hijih contiactin;;- parties, in that respect, beiny to prevent disputes aud dilferenccL- amonyst themselves. iii !' " ir I TREATY OF AMITY. SETTLEMENT, AND LIMITS OF 1819, BETWEEN THE UNITED STATES AND SPAIN. [Extract.] Akticle III. The boundary line between the two countries, west of the ^lississippi, shall bcyiu on the (luli>h of Mexico, at the mouth «)f the river Sabine, in the sea, continuing north, along the western bank of that river, to the tJlid de;?ree of latitude; thence, by a line due north, to the degree of latitude where it strikes the Eio lloxo of Xatchitoches, or Ited River; then following the (bourse to the Rio K'oxo Avestward, to tlie degree of huigitude 100 west from London and 2'.i from Washington; then, cross- ing the said Red Rivei', and running thence, by a line due north, to the river Arkansas; thence, following the course of the southern bank of the I UNITED STATES AND RUSSIA, 1821. 35 Arkansas, to its source, in latitude 42 noitli; and tlitMuc by that jtaral- lei of latitude, to tlio South Sea. The whole beinj;' as laihia, improved to tlie first of January, 1818. Jiut if tiie source of the Arkansas Iviver shall be found to fsill north or south of latitude 42, then the line shall run from the said source due south or north, as the <'ase may be, till it meets the said ])arallel of latitude 42, and thence, alony the said jtarallel, to the South Sea: All the ishnnls iu the Sabine, and the said Ivcd and Arkansas liivers, throuj;hout the course thus described, to bdonji' to the I'nited States; but the use of the waters, and the navijia- tion of tlie Sabine to the sea, and of the said rivers lioxo and Arkan- sas, throughout the extent (tf the said boundary, on their respective banks, shall be common to the respe<'tive inhabitants of both nations. The two high contrtM^ting parties aj^ree to cede and renounce all their rights, claims, and pretensions, to the territories described by the said line, that is to say: The I'nited States hereby cede to His Catholic Majesty, and renounce forever, all their rights, claims and pretensions, to tiie territories lying west and south of the above-described line; and, in like manner, llis Catholic Majesty cedes to the said ( nited S*^'(t<'sall his rights, claims, and pretensions to any territories east and ncirth of the said line, and for himself, his heirs, and successors, renounces all claim to the said territories forever. 'er, to Hegreo lliver; Iree of 1 cross- to the of the TREATY BETWEEN THE UNITED STATES AND RUSSIA RELATIVE TO NAVIGATION, FISHING, AND TRADING IN THE PACIFIC OCEAN AND TO ESTABLISHMENTS ON THE NORTHWEST COAST, CONCLUDED APRIL 5/17, 1824 111 the name of the ]Most Holy and Indivisible Trinity. Tiie President of the I'luted States of Ameiica and llis IVfajesty the Empercn' of all the Jiussuis, wishing to cement the Ixnids of amity which unite them, and to secure between them tiie iiivariabl(> mainte- nance (»f a jterfect concord, by means of the ])reseiit convention, have named as tlieir IMenipotentiaries to this effect, to wit: Tlie President of the United States of America, Henry Middlercni, a citizen of said States, and their Envoy Extraordinary and Minister rMeiiipotentiary near his Imperial Majesty: and His Majesty the lOni- pentr of all the liussias, his beloved and faithful Charles Ifobert Count of Nesselrode, actual Privy Counsellor, Member of the Council of State, Secretary of State directing the administration of Foreign Att'aii's, actual Chandierlain, Knight of the Order of St. Alexander Nevsky, Clrand Cross of the Order of St. Wladimir of the first class. Knight of that of the White Eagle of Poland, (irand Cross of the Order of St. Stephen of Hungary, Knight of the Orders of the Holy (lliost and St. Michael, and (hand Cross of the L<'gi(m of Honor of France, Knight ■(Jraiid Cross of the Orders of the Black and of the Red Hagle of Prus- sia, of the Annunciatio\ver of resortinj;' to the coasts, ujion points whi(!ii may not already have been oc<'»ipie«l, for tin* puri)ose of tradinji' with the natives, savinj^' always the restrictions and conditions determined by the following articles. AUTIOLE II. "With a view of preventin}»" the rij;hts of navigation and of fisliiufj exercised upon the (Ireat Ocean by the citizens and subjects of the hiji'h contracting I'owers from becoming' tlu* pretext for an illicit trade, it is agreed that the citizens of the I'uited Statt's shall not res«irt to any point where there is a Russian establishment, without the permis- sion of the governor (u- commander; and that, reciprocally, the subji'cts of Russia shall not resort, without periuission, to any establishment of the United ritates upon the ^'ortliwest coast. Article III. It is moreover agreed that, hereafter, there sliall not be formed by the citizens of the Tnited States, or under the authority of the said States, any establishment upon the northwest coast of America, nor in any of the islands adjacent, to the north of titty- four degrees and forty minutes of north latitude; and that, in the same manner, there shall be none formed by Kussian subjects, or under the authority of Kussia, south of the same parallel. Article IV. It is, nevertheless, understood that during a term of ten years, count- ing fnnn the signature of the ju'csent convention, the sliips of both Powers, or which belong to their citizens or subjects respectively, may reciprocally fre(|uent, without any hindrance whatever, the interior seas, gulfs, harbors, and creeks, upon the coast mentioned in the pre«'ediug article, for the purpose of tishing and trading with the natives of the country. Article V. All s])irituou8 liquors, tire-arms, other arms, powder, and munitions of war of every kind, are always excepted from this same commerce permitted by tin* preceding article; and the two Powers engage, recip rocally, neither to sell, nor sutt'er them to be sold, to the natives by their respectiv*^ citizens and subjects, nor by any person who may be under tlu'ir authority. It is likewise stipulated that this restri<'tiou shall never attord a i)retext, nor be advanced, in any case, to authorize either search or detention of the vessels, seizure of the merchandise, oi", in tine, any nu'asures of constraint whatever towards the merchants or the crews who m.iy carry on this commerce; the high contracting Powers reciprocally reserving to themseh es to determine ui)ou the pen- UNITKD STATES AND IMSSIA, IHJI. 87 altios to be iiiciu timI. iiiul to iiiHirt tlio iMinisliinciits in ciisc ol' tlic coii- travj'iitioii of this iirticK' by tlii'ir rt'spcctivt' cifizt'iis (»r subjcrts, Articlk VI. Wlieii this foiUM'iition sbiill liavc boon duly liitiflofl by tlio Piosidoiit ot'tho United States, Mitli tlie advice and eoiist-nt of the Senato. on tlio one jiart. and, on the (tther, by Mis Majesty the l-iinpororof all tlie l.'ns- 8ias, tiie ratitieati(His .shall be exelianjied at VVashinj;ton in the space of ten months from tlie date below, oi' sooner il" i)ossible. in faith whereof the respect i\e I'lenipotontiaries hav«' sijiiied this i'onvontion, and thei'eto allixed the seals of their arms. Done at St. I'etersbur}^ the 17-r» April, of the year of (Jrace one tlnmsand eiu;ht hundred and tw(Mity foni-. SEAL. SKAT.. SKAL. Ill•;^•n^ Middi.kton. liO Comte ClIARLKS l)K NkSSELRODK. PJKUWK I)K I'OLKTICA. Au Nom do la tres Sainte et Indivisible Tiinite: liO President des Etats-l'nis (rAm;''ri(|Ue, et Sa Majeste I'Kinporonr do tontes les Pussies, voulant cimenter los liens d'amitie (jni les nnis- sent et assuror entro eux le maintien invariable d'un parfait accord, .^■. ..1/ - . .....j...^. ^..,.„^ « — , „^ 1 m()yennant la ])resento Convention, ont nomme jmnr Lours Plenipoton- tiaii'os k cot ott'et, savoir: le President dos Etats-lJnis d'Americjuo, le Sieur Henry Min(|ues de contrainte envers les armateurs ou les cMpiipages qui feraient ce commerce; les liautes Puissances contractantes s'etant reci- l)roquemcnt reserve de statuer sur les peines a encourir, et d'inlliger les ameiides encourues en (!as do coutraveutiou a cet article par leurs Citoyens ou Sujets respectifs. Article Sixi^mb, Lorsque cette Convention aura 6t6 dnement ratifide par le President des Etats Unis de I'avis et du consentement du Seuat, d'une part, et do I'autre par Sa Majeste I'Knipereur de toutes les Russies, les ratifica- tions en seront ecliangees ii Washingt(m dans led61aidedix inois de la date ci-dessous ou plutot si faire se pout. ''"^^K GRKAT IJWITAIN AND lU'SSIA, W2'u 30 Kii f(M (Ic Miioi IcH PI«?iii|>ohMitiiiiit's respcrtirs Pont .si<>iioe, et y out iiit iipiMtSfr los i;iU'lH'ts m of (xieat Britain and Irehmd, and His Majesty tlie Kmperoiof all the Rnssias, liein;: desinms of diaw'iii;;' still <'h)ser the ties of good nnritannic ^lajesty shall not land at any place where there may be a Pussian establishment, without the permission of the Gov- ernor or Commandant; and, on the othe" ..i id, that Kussian subjects shall not land, without pennission, at au^^ M. itish establishment of the ^'orthwest coast. HI. The line of demarkation between the possessions of the high con- tracting Parties, upon the coast of the continent, and the islands of America to the Northwest, shall be drawn in the nninner following: Commencing from the southernmost i)oint of the island called rrince of Wahn Island, which point lies in the parallel of iifty-four degrees forty minutes, north latitude, and between tlu' one hundred and thirty- first and the one hundred and thirty-third degree of west longitude (Meridian of Greenwich), the said line shall ascend to the north along 40 TKr.ATIKH. m tlu', vliiiiiiu;! <*iill('(l I'ltrthtiiil Cli'imn I, iis I'iir as tlu' point ol' the coiiti iK'ii( wlicrc it strikes llic lillv s'xtli «l«'j;r('»^ of iioitli liititii(U'; from tliis last iiinitioiKMl point, the line oi'doniarUation sliall follow tlic snniinit of the nionntaiiis situated parallel to to the coast, as far as the point of in tj'iseetion of the one hun<1r<>(l and foity-liist device (»f west longitude (of the same meiidian) ; and, linally, from the said point ot intersection, the said meridian line of the one hnn.'orlhwest. I\'. With ri'fcrence to tlie line of demaikation laid down in the pro- eedin;n' artit'le it is understood: Kiist. That the island tailed I'rime of WhUn Islaml shall lielonj; wholly t() Ivussia. Second. Thiit wherever the sumnntof the mountains which extend in a direction paiallel to the coast, from the II fty sixth dejjree of noith latitude to the p«»iut (»f intersection of the one hundred and forty-first decree of west lon^iitude, shall prove to be at the - jects shall not form any establishnu'nt either ujton the coast, (m- upon the l)order of the continent «-on«prised within the lindts of the IJnssian Possessions, as desiymited in the two precedinji' articles; -d, in like nninner, no establisliment shall be formed by KussiaJi su' •* beyond the said limits. VI. It is tmderstood that the subjects of Ilis Britannic Majesty, from whatever <|uarter they may arrive, whether from the ocean, or from the interior ot the contiiient, shall forever enjoy the right of navigatinjjf freely, and without any Idndrante whatever, all the rivers and streams whi<'h, in their course tovvards the Pacific Ocean, may cross the line of dennukation npon the line of coast described in arti«'le three of the present convention. YII. It is also umlerstood, that, for the space of tt'ii years from the signature of the present convention, the vessels of th«' two Powers, or those belonging to their n'spective subjects, shall mutually be at lib- erty to freclI»'i' at lilu'ity to irlit tlioicin, tn |ii'oviy national vessels. In ease, however, tin- niasterof sneh vessel should l>e iindei' the ne«M'ssity of disposing;' of a part of his nier- ehandise in ortltM- to defray his j'xpenses. he shall eonforni himself to tiie rej^nlations and tariffs (»f the place where he may have landed. XI. In every ease of complaint on aecnt convention, the civil aiul military authorities of the liiyh contraetiii;;' Parties, without previously actinj;- or takin;;- any f()rcil)l*> measuie, shall make an exact and circumstantial report of the mailer to their respeclixe courts, who en}>ajit' to settle the same, in a friendly nnmiier, and aeeordinj;' to the principles of justice. Ml. The present convention shall Ite ratified, ,Mnl tli<> ratiticatioii shall he e\chanj;«'d at Lonthui, within tlu' .si)ace of six weeks, or sooner if possible. In witness whei'col the respective IMenii)ot<'ntiaries have si<;ned the same, anaunH' Tni de La (Irande r»reta}ine et de rirlande, et Sa .Majeste TKnipereur de toutes les Hussies, desirant re.s- serrer les liens de bonne intelli;;enee et d'amitie rineipe d<'s «'onvenanees recii»ro', Conseiller rit:miii(|ii(' ii'abdidoioiit A ancuu INtiiit oil il sc lioiivc un lOtalilissciiiciit liiissc. sans la juTiiiission dii (ioiivcriH'iii' (HI ('oniiiiandaiit, cm (|1U'. I'cciitnxiiu'iiu'iit, k'>Si:jots l{iiss»>s iM' poiu'ioiit alioitlcr, sans uciinissiou, a aticiin Ktablisscnmnt IJri- taiinifiuc, snr la Cote Nordoiu'st. 111. La Ii.iiii«' dc d(Miiar«'ation cntro Ics Possessions dcs llautcs Par- ties C'ontractantcs siir la Cote dii ("oiitinciit et les lies de rAui(''ri«ord ouest. sera traeee ainsi (ju'il suit: — A partir dii Point le i)lus niciidional de I'lle dite Prince of Wales, leiiuei Point sc troiive sous iii parallel*- du 'iV"" de<;rc 40 minutes de latitude Nord, et entre le i;il"" et le ];»;>"" 'nes situees paiallclenient a la ('(»tc, Justin ;iu point (Tintcrsection du 14P"*' de<»rc dc l(Ui<>itud«' < )uest (nicnic .Mrridicn); et. tinalenu-nt, du dit ])oint (rintcrsccti(»n, la uicnui lijiiic incridicnue du lH""'dcjii('' forinera, dans son proton j;enient.jus(pi"ii la iMcr (ilaciale. la liniite entre les Possessions llus.^es et l)ritaniii(jues sur le ('«»ntinent de i'Anii'ri(|ne Nord ouest. [V. 11 est enteiKiu. par rapport a la lij;iie de d^nuireation (letennin«!e dans KArticle ]>vecc(lent: 1". (^)ue I'ile dite Prince of Wales apparticudra toute eutiere a la Ikussie: -". (^ue partout on la erete des niontaniics qui sT'tendent dans une direction i>arallcle A la Cote depuis le 5<>"'" dcj^rc dc latitude Nord au point d'interscction du 111 deyrt' de lonji'itudc Oucst, se trou\('rait a la distance dc plus i\v dix licues nnuines de TOccan. la liuiite entre les Posst ssi(nis liritanniques ct la lisiere de Cote lucntionnee ci dessus connne devant appaitcnir A La Kussie, sera fornicc par uue lijiuc jtaral- IcUi au.\ sinnositcs dc la Cote, et qui ne pourra jamais en etre eloiynee ([Uc dc dix lieues marines. V, II est convenu en outre, (pie nul Ktablisscinent ne sera foniu' par rime des deux Parties dans les liiuitcs ([Uc les deux Articles pn'cedeiis assimient aiix I'osscssions de I'Autrc. En cons('(picnee, les Sujets P>ritanni(pics iic tormcroiit auciin Etablisscinent, soit sur la e('>te, soit sur la lisiere dc terre fcinie comprise dans les limites des Possessions Kiisscs, tcllcs (pTcIlcs s(»nt dcsigiu'es dans les deux Articles ]u'ee('d( us; et de iiK'n e, nul Ktablissement ne sera forme par des Sujets llusses au delA des dites limites. \'l. II est cntendu (pic les Sujets dc Sa Majest«'' 15 'tannitpic. de (piebpie Cote qu'ils anivent, soit de POceaii, soit de rinrcricur du Con- tinent, .joiiiront A pcrpctuiti' du droit dc navi^ncr libremcnt, et sans entravc (piclcoiKpic, sur tons les tlcuves et rivieres, (pii, dans leurs c(»urs vers la mer Paciti(|Ue, tri^vcrseront la ligiie dc di'inarcation sur la lisiere de la C(")te indiipu'e dans I'Article 3. de la presente ("(uiveii- tion. VII. II est aussi cntendu (pie. pendj+nt rcspac( sic dix Ans, A (later dc la si;;nature dc cette Convent ion, les Vaisseau.x des deux Puissances, ou eeux ai»partenaiis a leurs Suji^ts respectifs, i»ourr(Mitr(-i iproqucmeut fn'Mpicntcr, sans cntrave (piclcoiupic, toutes les Mers interieiires, h^s G(»ltcs. IIa\res. et Cri(pics sur la cote mentionnce dans I'Article M. atiii tVy fairc la p("'clie et Ic commeree avee les Iiidi<>cncs. VIII. Le Port dc vSitka, on Novo Arcliauf-clsk, s(>ra ouvert au Com- merce et aiix V'aisscaiix des Sujets Britaniii(pies diiraitt l'esi>iH'e dc dix aus, a dater de Feeliange des IJatilieatioiis de eette Couveution. Au UNITED STATES AND RUSSIA, 1807. m Ciis qirmu' pioloiijiiitioii »l(; cc tonne do dix sins smt iU'cordce Ti (11101(1110 aiitro rnissiiiico, la moiiio itroloiiyatiou soia cgaloiiioiit a^-ooidoo a La (Irando IJictajiiio. IX. La sns(lito lilHMto .de o(»iiiiiier('o no s'ai>pli(nioia ixiiiil an rratio dos li(inoiiis spiiitiionsos, Aos arnios-a-itiwi, dos ariiios blaiiclios. do la lioiidi'o a canon, on d'aiiti'os nuiniti(wis die ^Liuorvo: los ilantos I'artios ('ontractanros s'onjiaycant i('cipro(iiii!«niont a no laissor ni vondro, ni livior, do (pioliiuo nuvnioio (juo 00 puiisst' otro, anx Indigonos du iiays, los aiticlos oi (lossns niontioina'vs. X. T(»ut Vaisseau l)iitaniii(iuo (tn IJusso navi,i;usinl s^iir I'Oot'aii Pa- clti(|no. (jui sora t(no('' par dos tonipi'tos, on i)ai' <|nil(|iio acoidoiit, do so n-fuiiior dans los Torts dos Tartios rospoctive.> la lil)ort('' i]t' s'y radoubor. do sV ])ourvoir do tons los ohjets (pu lui -^oronr iK'oossairos, ot do so roniottro on mor, sans payor d'autres Drniis (pjo coiix do Port ot do Fanaux. los(iuols soront jxuir Ini los monies ijiioponr los liatiinons Niitionanx. Si, oopondant, lo Patron d'nn tel naviro so ti(»uvait dans la no('ossit('' do so d(''tairo d'nno partio do ses iiiaroliandisos \umr siih- vonir a sos doponsos. il sora tonu do so oont'onnor anx Ordonnanoos ot aux Tarifs do THndroit on il aura abord(''. XL Dans tons los oas (1(> liL'.intos rolatixcs a rinfraction dos Articles do la pn'sento Convention, los .\.utorit(''s Cixilos ot Militaiics dos donx Ilantos Parties Contractantes, sans so lu'rau'ttro an i>i'ealal»lo ni voio do fait, ni uiosuro do Ibrco, soront tonnes do faire nn rapp(»rt exact (W Tatlairo et do sos eirconstanoos a lours (Jours respoctives. losipn-llos s'en.ii'af'oiit a la roji'lor a Tanuablo, etd'a pros los principos (Tune parlaito Justice. XII. La prosonto Convention sora ratilioo. ct los K'atilieations on soront ochanfit'os a L(»ndres, dans Tospaco do six scniainos. on plnt("»t si I'aire so pout. En Foi do (luoi los Ph'Miipotentiares rosjioclils Tout sijiiK'o. ot y out ai»poso lo Cacliet do lour; Anne: Fait a St. Potoislxnu"', lo r'l \'ind as tlioir plenipotentiaries: the {'resident (tithe Cnited States. William ll.Seward. Secretary of State: and His Majesty the Fnipor(»r of all th(>. L'nssias, the Privy Counsellor, Ivlwaid <\i' Stoeckl, his I^nvoy lOxtraor- diiiary and Minister Plenipotentiary l(» the Inited States. And the said i>loni|»otontiarios havinj; oxohanyed their Inll iiowois, 44 TREATIES. wliich wore found to be in due form, have agreed upon and signed the Article I. following articles: ■■•v^: ilis Majesty the Emperor of all the Russias agrees to cede to the Ignited States, by this convention, immediately upon the exchange )f the ratifications thereof, all the territory and d!)minion now jjossessed by his said Majesty on the c(nitin( nt of Anu'rica and in the adjacent islands, the same being contained within the geographical limits herein set for*^h. to wit: The eastern limit is the line <»f demar<'ation between the I'assian and the Hriti^h possessions in North America, as estab- lishe 1 by the conventi(Ui between linssiaand (ireat Britain, in February 2S-l(i, 1825, and described in Articles 111 and IV of said convention, in the fidlowing terms: CoimiiiMU'iii^' tVniii tile southrrnino.sf imint of tbe island called I'rincc oi"\yalcs Is- laml. wliicU iioint lies in tlio parallel of "4 dcirrees 40 minutes north latitude, anil 1>«- tweenthe VMM and llie 13)^(1 dejji'ce of west lou<;itinle (nuu'idian of (Jreenwieli). the said line shall aseend tii the north alon^;' thu channel calletl Portland eliannel, as fur as the point of the continent v. iiere ii strikes the "iHth dcjjnM' of north latitude; from this last-mentioncMl point, tlie line of demarcation shall fcdiow the snnimil (d' the nionntains situated ]>arallel to the coast as far as tin- jioint of intersection of the Mist de;;ree (d' west lon;r<'e of west lini<;itude sh;ill prove to l)e at the distance of more tiiaii ten marine lea;i'nes from the occiin, the limit lietween the llritish possessions and the line of coast wliich is to hi-hui;;' to Kussia as a hove lueutioned (that is to say. t lie lii^il to the possessions ceded liy this convent ion) shall lie foinii'd liy aline ]iai'allcl to tln^ windiiij; of the I'oast,. and which shall never exceed the distance often marine lea^^iics theiefrom. The western limit witliin which the territories and dominion conveyed, arecontainecl, passes through a jnant in IWdiring's Straits on the parallel of sixty-five degrei's thirty minutes north latitinle, tit its intersection l>y the meridian which pas.ses midway between the islands of Krusenstern, or Ignalook, and tlie island of Jvatmanoff, or Noonarbook. ami proceeds din- north, without limitation, into the sanu' Fro/en Ocean. The same western limit, beginning at the same initial point, proceeds theiu'e in a course neatly southwest, through Behring's Straits and Mehring's Sea, so as to ])ass midway Ix'tweeii the northwest point of the island of St. Liiwreuee and the .soutlunist ])oint of Cape (Jluaikotski, to the meridian of one Imndred and seventy two west longitude; thence, from the in- ter.secticsn of that meri therein. Any jioverninent archives, pajieis, and documents relative to the territory and dominion aforesaid, which may be now existing tln're, will be lett in the possession of the aji«'nt of the United Stales; but an authentieared copy of such of them as may lie recpured, will be, at all times, - to their choice, re- ^ervin^ their mitural allejiiance, may return t(» Russiii within three years: but if they should prefer to I'emain in the ceded territory, they, with the exception of uncixilized native tiibes, shall be admitt<'«l to the enjoyment of all the ri<4hts, advantaji'es and inimnnities of citizens of the Tnited States, and shall b(; maintaiM(;d and protected in tin' free eiijoymcnt of their liberty, pi-operty ami relij^ion. The uncivilized tribes will be subject to such laws and re««ulations as the IJinteil States may, from tim«' to time, a(h>pt in rejj;ard to abori^^inal tribes of that country. Article IV. His Majesty the Emperor of all the Russias shall appoint, with eon- veineiit (lespatcli. an ayent or aj^eiits for the i)Mrposc of ibrmally deliv- ering;' to n siujilar a}>ent or agents appointed OM behalf of the Cnited States, the teriitory, (h>nMnion, i»rop«'rty, (b'pendt'ncies, and a]>purte nances whieli are ceded as above, and for doiiij; any other act which may l>c necessary in re.yard theieto. Rut the cessicni. with tli«^ rijihtof immediate possession, is nevertheless to he deenuMl c(»m]»lete and aI)so- liite on the exchange of ratilicat ions, without waiting for sm-h formal delivery. Article V. Immediately after th \change of the ratilications of this conven lion, any fortifications (*i military posts which may be in the ceded ter- ritory shall l>e delivered to the agent of the United States, andany Rus- sian troops which may be in the t< 1 litory shall !>• withdrawn as soon as may be reasonably and convenu'ntly practicabi . Article VI. Tn eonsideraticm of the cession aforesaid, tin United Stat(>s agree to |>ay at the Treasury in Washington, within t. n montiis after the ex <-hangeof the ratilications of lids year of onr Lt>rd one thousand eight hundred and sixty-sovi'ii. J.. S. L. s. William 11. Srward. Edouaud de Stoeckl. 8a \raJost^> rEnii)ereur do toutos lea Ruasiesot les Etata-TTnisd'Ain('»- riquo, (b'sirant rafTonnir, s'il est possible, la boniio iiitolliKonco qui oxiste entre eux, out noiniiH', a ct't etfet, i)oiir lours IMonipotontiairos, savoir: Sa ^lajoste rKm|)orour do toutos les Jliissios, leConsoillor Trive Kdouard do Stoeckl.son Envoy*'' Kxtraordiiiiiire et Ministre Plonipoton- tiaire aux Ktars I'liis; et, he I'lesidont dos Etats -Unis, lo Siour William II. Seward, So.erotaire d'Etjit; L<'S(iuols, apres avoir eohiiiifio lours pleins-]»ouvoira, trouves eu bonne et due forme, out arrete et sigiie les articles suivans: Article I. !. 'w. Sa Majeste I'Einporour do toutos les Rnasioa a'engago, par cetteoon- venrion, i\ eedor aux Etats-Unis, iminediatenient apres IV'chaiiK'o des ratitications, tout lo torritoire avoc droit do Souvoraiiioto actuollement poss«''de i)ar Sa jMiijosto sur le coiitinont d'Amerique ainsi que les ilea oontijiiies, lo dit torritoire ('tanteompris dans les limites goograplii(pu's ci-dossous indiqueos, savoir: la liiiiite orientalo est la li^ne do domar- cation entre b's possessions Kussosot IJritanniquosdans rAineri<|Uodu Nord, ainsi l"" ilt'uro 10 niinntcs
  • latifmlc nord, i!t; cntro le ll^l'""' et le 1H8"" d('i;io di' loiijfitndc oucst (nirridicn dc lii'ccnwich), la diti' lij^no ronioii- teva. an Xord li' lony; dc la passo ditc' Portland Clianiicl. .ins<|u'au ])oint doint la lii>no de dtMiiarcatiou snivra la cretc des nionta;<;urs sitnees paralleleineiit a la cAte JiiHtin'aii jioiut d'intciseclion dn 1(1 (Ii'<;r«< do lonjfjtude onest (nienie nieridien); et linale- nieut dn dit point d'interseition, la menu' li,i>no i.'U'ridietine dn 141""-' degrt'^ forniera, dans s(ni ]ir(donj;eineiit Jusiiu'a la nier (ilaciale, la lii"ite outre les imsst'ssioiis Jiusses et lti'itaiini(|Ue8 sur le coutiuent de rAnieii(|Uo Noi'd-(Juest. IV. II est entendn, jiar rapport k la ligiu! de demarcation dt''torinin<^o dans I'artiele precedent : 1". (^ue I'ile dite Prince of Wales, ai)]iartieiidra toute entiere A la Hnssie: (niais des ce, jour en vertn de eette cession aux Ktats-Knis.) 2". C^ue partout 011 la crete des nn>iitagni's (|ui sYtendent dana nno direction i>a- rallele ii la cote, deiinis le ."50""' degri' de latitude nord an (loint d'intersection dn •J-ll""' degn^ lns de dix lienes niarini - iialoolv vt I'ile JvatMianow (»u Noonarbook vt nMnonte en lijjne dirpriete snr tons les terrains et places ])ublics, terres inoccnpees, toutes les constructions pul)li(|ues, lortilications, casernes et antres edilices (pii ne sont pas propriety ]Miv<''e individnelle. 11 est tontefois entendn et eonvenu (pie les ('';;lises con- struites par le (JonvernenHMit Uusse snr le territoire ced('', icsteront la pr(»priet('' des ineinbres de TEglise (irec(pie Oi'ientale r('si(laiit dans ce Territoire et appartenant a (m^ culte. Tons les archives. pa|»iers, et docuniens du (Jouvernenieiit ayaiit trait an susdit territoire, et (pii y sont inaintenaui d(''pos(''s, sta'ont place's entre les mains de raj>ent des Ktatsl'nis; Mais les Etats-Unis Ibuiniront, tou.j(»urs quand il y auia lieu, des copies l(''<>alis(''es de ces do(;innens au (jrouvernein(;nt Kusse, aux otiiciers ou sujets Itiisses rpu pourront en faire la demande. AiiTiCLK II r. n est r('serv(' aux habitans du territoire c(''d('' le clioix de garder leur nationaliti' et de r(Mitrer en Ifussie dans I'espace de trois ans; mais s'ils preterent rester dans le territoire ccMb', ils seront admis, a rexceplion toutetbis des tribus sauvages, a Jouir (le tons les droits, avantaji'es et iniinunites des citoyi'iis des Etats-lTnis, et ils sei-ont maintenus et |»ro- t('';it's dans le plein exercice de leur libert<', dntit de propriiite et reli- yi(tn. Les tribus sanvajics seront a.ssuj(Hies aux l(»is et r(''f>lenKMits que les Ktats-lTiiis pourront adopter, de terns en teius a l'6{jard des tribus aborigeues de ce pays. ARTirLE IV. Sa Arajestj; rEnq)ereur de toutes les IJussles nommera, anssitU quo l»os. ibie, un agent ou des agens cliarg(''M de remettre, tbrmellement a Tagent on aux agens nomines par les Etats Tnis, le territoire, la Sou- vevaineb', les iu'opriet(''s, dependances et appartcnances ainsi c«^'des et de dresser tout autre acte (pii sera n(''cessaire a I'aci plissenu'nt de cette trans)n_tion. Mais la cession, avec le droit de possession inmu'diate, doit tontefois <''tre coMsiden'-e compli'te et absolue a rechange des ratitiea- tious, sans attendre la remise tbrmelle. Sk 48 TUKATIKS. , 1 Article V. TminiMliiiif'ineiit apW's lY'dianjiiMlcs riitilir;ifioiis«l«'<'ctt«' (Nmvoiitloii, les fortiticatioiis vt Ics postcs iiiilitain>,s <|iii sc troiiv«'rent iW« Utats-Iiiiis ef h's tiou»«('s liiisses (|ui soiit stationiH'cs dans le (lit tenitoiro scront retiroes «l:ui.s iia tonne praticable et qui i»uisse convt'iiir aux deux parties. Ahticlk VI. |:.| Ell «'i»usid(''ratioii de la susdito eessioii, Ics Etats-Unis sVuyagent h paj'ei' a la Tresoierie a \Vasliiii;>ton, dans le terme de dix iiaiis, apres IV'cliaiij'e des ratilications de ei'tte Coiiventinii,sept n:»lli<)iis deux cent niille (lollars en or, au Repivsentaiit dipIoniati(|ue ou tout autre ayent ;«'s. francliiscson possessions par des eonipagnies Kusses oil toiite autre; legaleinent ('(Mistituees on autreinent, on par des asso- ciations, sauf siinpleineiit les proprii'taires possedant d«'s bieiis prives individiiels, et la cession ainsi faite transfere tons les droits, traneliises et privilef^es apparteuant actiielleinenta la Russiedans le dit territoire et ses dei>endances. Article VII. Lorsque cette Convention aura etc diuiient ratiflee par Sa ^Fajeste rEini>ereur de tontes les Rnssies d'une part, et par le President des Ktats-Unis, avee I'avis et le eonsenteinent dii Senat d«' Taiitre, les rati- ticaticMis en seront ecU.infi.'es a Wasliinjitou dans le terine de trois mois, a eonii)ter du Jour de la signature ou plus tot si faire se pent. En foi de (juoi les ])leiiipoteiitiaires resi)eetits out signe cette Conveii- ticni et y out appose le Si-ean de leur amies. Fait a Washington le lS-3(> jour de Mars de I'an de Notre Seigneur niil-liuit ceiit-soixante-sept. L. s. L. s. Edouard de Stoeckl. William H. Seward. OORRESPONDENOE RELATING TO THE AFFAIRS OF THE RUSSIAN AMERIUAN COMPANY.* FART I.— ILLUSTRATING RUSSIA'S EXERCISE OF JURISDICTION OVER BERING SEA. ^'<». 1. AhHtrai't of kiter from the Minister of Finn nee to the Minister of Marine. Written from ISt. Vetemlmra April t), Ifij^JO. Tlie I'oimuitti'O of Ministers iipjmiiitJMl by llis Mtijosty on tlie Stii , iiistriicti'd the .>liiiister of Intcniiil Attairs to coiloet all inrormatioii ohtaiiiahlc rclatiiij;' to tin' (Ictcriuiiiation of tiio futuir. iiv;lits and privileges of tlie Russian Anierieaii ('onipany. SnbsetiueMtly, upon hij>liest request, the Department of Manufae- tmes and Inti'inal Cohuneree, tof^ether witli tiie Russian Anu'riean Company, sulunitted statements (ui this subject supported by the an- nual reports df the board of administration and by the testimony of the eumman(U>rs of ships sailinji' in those regions, from whieh 1 learn that the foreigners, especially the eitizens of the \oith Ameru-an States, come to our Coioniesiu their shijjs andearry on l>otlM)penly and secretly a trade with the native inhabitants, (U)ing thereby great injury and wrong to our settlements in their tralhc, ami also endangering the general interests by furnishing the ishintU'rs with various arms ami amnniiiitions. In view of the recent establishment at thes»' Colonies, and of the r.b- sence of forces required to prevent su<'l irregularities, and of the small ? umbei' of Russians scatteird over an i.rea of nearly l.iWO versts. the (Company fnuls it impossible to occupy all localities in sulhcient num- bers to prevent the foreigners from maintaiidng their illegitinnit" inter- (•ourse with the native inhabitants, and from exercising their peruicions inlluence upon them. J n this connection 1 have taken into (•onsierative iK'cessity for the preservation of (uir sovereignty in the nortlusestern part of America and on the islands and waters situated between them to maintain there continuously two s''ipsof the. Imperial Meet. This object will, in my opinion, be most readily accomplished in the following numner. Starting in the month of August or Sejjtember of the present year, oiu'of these armed ships can sail for the island of Sitka, ami the other for the harbor of Petropavlovsk, arriving therein the month of April or May, IS21. The tirst having discharged at Sitka any cargc) which may he intruste tlie AiiHM'icaii <'oiist toKailiiik; sImhiIjI tlu' (■(iiiiiiiiiii(1(>i- i'<.>('(>iv(> at any of tlicsi' itlact's no special iiironnatioii as to lorei^ii contrabandists IVoiii th«' nniiuij-'cr ot the Russian Anu'iican Company's Colonics, he may pur- sue his <'ourse to thi' westward, anor of I'etropavlovsk. The other ship, howcNcr, having' examined the eastern coast (»f the Kanu'hatka peninsula n\) to (>2'^ of northern latitude and the w«'st coast of America from this latitud(> to th(> island of Cnalaska, and the intcr- veninji waters, slionld i)roceed to Kadiakand fri>m there to Sitka for the winter. Tiieohjt'ctof thecruisin<;of twoofouiavmeort on the impoverished condition of the Yakutsk country, points out as the principal reason for this condition the burdens imposed ui)on the ja'ople throujih trans- portation ofCiovernment and commercial carjioes overland from Yakutsk to Okhotsk. If by uieans of the vessels of the Imjierial tleet to be disi>atched to those shores the Yakutsk people are relieved from this service, they may devote their energies to cattle-breeding, alreaily established among them them and thus better their dei)lorable condi- tion. If your Kxcellency should find an annual dis])atch of two such ves- sels, as suggested above, practicable, and if the two vessels, or one, as the case may be, could take in addition to their own sni)plies a certain quantity (jf arms and anununition for Okhotsk and I'etropavlovsk, such a measure W(mld relieve the sutt'ering Yakutes and at the same time afford a partial reimbursement of the (lovernment's expense. A force of scddiers and sailors shoiUd also be stationed at the two ports mentioned above in order t() till all valiancies caused by death or other- wise in the comnuinds of the cruising vessels. In thus laying before you my thoughts on the subject I am permitted to statp that they have received the highest cousideratiou of Ilis Xmjje- THE RI'SSIAN AMERICAN COMPANY. ^4 ;> rial Miijcstty, jiiid I can iissurc your Kxccllency that the in-oposition iiu'cts with the hij^lu'st ajtin'oval, juhI this matter is submitted to yon now t(» enalth' yon to i'onsich'i' the airanji'ements necessaiy to he made lor tiie pnrpose of takinji' in dn«' tim*^ action iookinj;' to\varliest protection. Tiue copy. Zklknskiv, Chief Clerk. litted Impe- No. 2. Letter from the Minister of Finnncc to the Board of Administration of the iiiiNsian American Company. Written from ist. I'etersljurff, April 10, Jsjjo. [Conliflontial.] The report of yonr board, dated November 14, 1S1!>, has, up to this time, remained unanswered, because the necessary information concein- inji tlie contracts ermission to disitatch from Manilla to Cronstadt two ships with tea and (»ther Chinese floods. .Ml thes»' ])ropositions were duly submitted to His MaJ<'sty the Km- ])eror, and I have now received the following liiyhest deciision of His Imiierial Majesty: 1. That thecoiitractentered intowith the Enfjlislnnan Piyotcan not b(^ sustained by the (lovernment; but since the whalinji' industry may lie of use as a nu'ansofsecuriiifj' subsistence to the inhabitants of Kamciiiilka anIish- iufj a new branch of trade from whi<'h the IJussian American Company may derive considerable prollt. His lmi)erial JMaJesty has most };ia- ciously deigned to turn his attention to this subject and has e\press«'d the o|»inion that for this purjmse a shi])sh(mld be emi»loyed, furnished with all iH'cessary im])leuuMits and instruments and nmnned with the very best otticers and sailors. To enable the Com|)any to secure skilled masters \'uv inau,i>urating this enterjuise, Mr. Dobello has been in- structed to endeavor to obtain such with the understandinji- that in aany, which may call at Manilla for suppli<>s. .'t. I'ermissii::i is denied to Mr. Dobello to dis])atch two ships toCron- stadt with tea and other (Jhinese jioods, since su<'h operations do not ac«*ord with the views of the (lovernment, and lie is liei<'l»y informed that he has been and is now re(|uired only to furnish information as to the ])i'ices of Chinese <;-oods at Manilla and as to what sujiplies and production from Eastern Sibeiia could be profitably disjxised of tlicie, to the enany, and therefore lu»pes that the board of ad- ministration will at once furinsh the means necessary for takinji' the ]>relinunary steps towjird the inanj>uration of whalinj^' in those wateis and i)roceed, without waiting for tlie information reipu'sted from Mv. J)«)bello, to inform itself concerning the engagement of ex]>«'rienced masters, etc. A shij) should be i)urchased at cuice and dispatched in the following year, if it be found impossible to dos<» during the jiresent. 2. Having, for the benefit of the Am»'rican Com])any, excluded all foreigners from Kamchatka and Okhotsk and jjrohibited them frppression of the Yakut ])eo]de. I>. Whether the Comi>any can undertake bilainl at the ports of L'etropavlovsk ami Okhotsk provisions, es])ecially tlour and salt, from their correspondents in California or the IMjilipjiine Islands, in 8U<'h quantities as may be recpiired by the (lov- ernment forces and ofticials and by all other inhabitants, emidoying for this i>urj>ose a ship which nnist visit the places named at least once a year and at a time previously fixed j also as to the probable cost of pro- TIIK RISSIAN AMI'KIC.W CoMrANY. nn M- m ts '•:4 )1] M >ll ■1 II- -i visions, prices tit" tV«'i;;lit, etc. < '. To projjosc niciisuirs Coi si (Icxriop incut iiiKJ incrciisc of tiic tisliiii<: Iniliistiics I'm- tiic Itciictit nt'tlic iiiitixti |io|)iil;itioii of KiiniciintUii iiiid Okliotsk. h. W lictlicr tlic Coinpiinv cnii iindcrtiikc to riirnisli tlic Wisfricts ol' KaincliiilUii aihl Okliotsk wiili nil tlic ncccssnry niticlcs Mt'trnilc wliicli tlic inlinintiints now rcc(>i\c iVoin li'K'iit'^U' mill !it \vli:it ni ices. No. 3. Lciin from ihc Jinanl of Ailniinistrnfinn of the linssitiu American CiniijKiHji to i'i(i>t((in ^i. I. MiiraricJ'. itf the Imjuviol Xori/, Cliirf MoiKit/er of till- h'lisNiauAiiicriain Colotiirs. Wiittcn from St. I'dtris- bury, April L*o, is^O. [('iiiitiiliMitinl.] On tlic loth instant tlic .Miiiist<'r of Finance connnnnicatcd to the Iniard of administration in a nicssajic marked ctnitidential, the will of 1 1 is Imperial .Majesty in the followiiiji \vor.. :.... ...1.!... i, . i. . . :_i.. 1 .. . . e ci -. • ii.n I iiv. MiF) i-i iiwi ifi iii\in:>K in- iiiKi riirii'u lls IVoiii visiting' tlii'sr iioint.s, ortviidiii;; ill any oftlir ports ol" Kastcni Siberia, except in ease, of disaster, wIumi tlie strictest vijjilaiiee must be exereisetl to prevciit the disposal of any of tlie vt'ssel's eaifjo, under i)aiii of eontiscation of both sliip and eary:o. At the same time the Kn;<:lisliman Davis at Okhotsk and DobeHo's a^eiit at Kamchatka must be informed that tlie (ioverniiient does not jiermit tln'm to reside at those places, much less to accpiire houses oi- other iinmovable property. The local authorities are instructetl to allow them dama;>es for the immediate disposal of what projx'ity they have already acquired, and to s«'e to their immediat<' (h'partnre. Mr. hitbellois to be informed that the ship he has ]M'o|)osed to dispatch from the Philippine Islands to Kamchatka with provisions and articles of luxury will not be allowed to visit Kamchatka, unless it be trans- ferred to the owiiershij) of a Russian subject, ])refereiice to be {jiven to tlii' Hussian American Company, o])eratin}; under highest luoteetion. :>. rennissioii is also denied to Mr. Dobello to despatch any ships to Kronstadt with teas or other Chinese goods, such transactions beinj; in direct contlict with the views of the Oovernment, He is also in- formed that no further intercourse is possible betwe«>n him and tlx^ au- thorities (»f l*iastern Siberia, and that ev«'n if supplies should be needed fi-om Manilla or any other adjacent forei;>'n <-oiintry, such transactions would be intrusted to the hands of our American C(»mpany. !!• viii;;' informed you of these hifi'hest views, the board of administra- tion adds the tollowin*:- explanation: The contract which was disapproved by tlu> Imperial (Jovernment was concluded with I'ij^fott on the IStli of .lune, ISl!), for a i)eriod of ten years by Mr. IJiccord, <'ommande5 of the Kanudiatka district, and ('ourt-Coiincillor Dobello on behalf of the (Jovernment, parties of tln^ tirst i>art, and the above named Kiifilishnu'ii IMji'otton behalf of himself and his partners, Davis, i'-bbets and Meek, captains of Anu'rican mer- chant vessels, of the secoud on salted tisli. This contract was naturally considered by the (lovernment to be injurious to the in- terests of the Company, since all the benetits accru«'d to forei^neis, and n(» jn'ovision was made to ]n'otect the native inhabitants of those regions who depend for their ]>rincipal means of sid)sisteiice upon tisli, which under this contract would have been carried away by foreigners b«'fore their longing eyes. Having thus reaclieany, the board of administration exi)resses the following opinion: As soon as the Imperial Government atxu'rtained that the C(mtracts made were in open violation of the privileges granted the ( 'omitany, it prohibited at once all foreigners not only from settling in Kamchatka or Okhotsk, but also from all intercourse with those regions, enjoining THK UI'SSIAN AMKUICAN ("OMl'ANV. SA flic iiiitli(»riti«'s III iiiiiiiitain tlui strictest surveilliuice over tlirir novt'- iiiriils. ISiisiiiu your own action upon this proceed in^^ on the part ot oui' llivjlicsi l'r<»tcctor, .you as cojjiniander ol'al.l oui Coluuiiiamuatpru-— - liibit Willi c(iiial stiictness all foieij'Mers fioni enyayiny in iiuy. iutor- «v:)nrse or tr;uie with native inhabitants, as well as trum visiting' the w.itein {Veitneiitwl by sea otters and I'lir si'uls, over wiiich ouroperutiuus eNiend, under the i)eiialty of the most sev«'re nieasiires, incliulinj;' th« «'ontiscatioii of ships ami the imprisonment of crews «'n;;a;ied in this ine;.val trallie. Von must act with the greatest severity in cases where loreigiiers iiav«' soUl t«» the natives arms, powd«'r,and h-ad. They must be made to muierstand tliat their piesence in our waters is contrary to our hiws, and that tiiey will never be admitted to any port unh'ss you (»r your sidtordinatc- ccuivim-e yourselves that such is nt'cessary for the saving of life, in a wordi- nate c(»mmanders for their ria ('inbodying many suggestions and opiidons of advantage to the Company. Of this document the boar time a safe arrival at y lliioiijili Iviissinii <'iitt'r|»iisc and valor. Fntiii tlu' saiuf iriinistciial il<»(!iiiin'iits you will see that tlicidouiiiaiiy lias ht'cii ui'.m'd til ciinaiic in the whalinii industry, and the ncccssafv t'\|»eiiineiits will lie ('nt(U'»'ii into at once. tliou;;li we know Itcl'oieliand that no •i'leat ])i'olits will acn-iie to us theietVoiu. since Kaincliatka and Okhotsk ai«> 'M/(»////(M-alled at A!>iiiil1>i tliiii'ii .iiiMii'ii'jiil fik )ki. iiik iii*ii'l.'itt ttki' fill, 'ii'tiflikv lit' I.Siui^i'iii III 111. i iiiciKl iitMii « iiiiiiii iiiii, II iiie iiiiroKiiin iiK'ie iiii\i iit'ii u( Y(tur inlormatioii on this point has heen ;iiatil\ iiifi; to us. I'pon all the ipiest iiUissuhmirted l»y Mr. Vaiiovsk\ . we have enihodied our decisions in dispatches already tiu'warded to you, accompaided hy copies of all papers l(U' use in case of loss <.l tin' orij^inals wlii<'h were sent (HI the Itonxliiio. Durinji' the pr«'sent year n<» naval v«'ssel has heen dis])atciied around the world for t he protection of oin' Oolonies. hut now i wo ships are heiu;; titled out. to the connuaiid of which 'rulid)ief and I'ilatof liavc^ heen appoiiit«'d, the former hein^ iu charue of tiie sipiadron. Vou will, tlierelore, have an ample lorce patroliinu our watejs .ind protecting; our iideiests. In addition, we send you the hriy- Ik'iii >l,-. commanded hy Master Klolchkof. The liriy; i> to return to us after cruisiui; in colo- nial waters. In the aceoinoaii\ in;u newspapers and lourinils forwiirdeil hy tin' A'/o'/A, with the ado ioual dispateln's, y ('<(i)t(ii>i M. I, Miin(ri(/\of llir hnprritil Narii,('liir/ .]hnniii. Ill onWv to ('ii;il)lt' you to issue your instructions to the vaiions otiiccs iind to tlic niiinii,i;('is <»r tlir isliinds of St. Pan! :uhI SI. (icoijiv., as well as loi' your own inrorniatiou. we inclosf iu'rcwilli a statt'nu'nt of tlit'NJfWs fntortaiiMMJ liy tlic (icnt'ial (iovcrnnM'nt, as well as by tin' nianayi'nu'ut ut tlic ("oinpany. Von will pcrcciNc IVoin this statnncnl tinit we. as wrilas ili<'(iov«'rnnn'nt. do not couutcnani'*' any iiitcrcourso with torci.n'in'rs. or iIm' adinissnm ol' Corcij^.iicrs within the |»r»'ciiM'ts of our possessions, ('\araiiof was fretineiitly instructed to abstain as far as possible from all intercourse with the forei;i'iiers visitinji' our Colonies, and also !<• iiiforin the subordinate ollicers at Kadiak, I'nalaska.and the s<>al islands on this sulijetrt. Now it has tie«'n decided to dispatch aiiiuially to the Colonies a ship loaded with all supplies needed tor the maintenam'e (»f the i)eople, ships, etc. in the years ISU; and ISIU tln^ «h';;; h'liliicof and horodino were ilispatched with valuable caifi'oes, and (liiriny the [U'cseut year the Kiiliizof wiU be a^iain dispatched; t'onseqiiently there will bo no lu'cessity for dealing; with forei{;ners in the matter of supi)lies. It is the desire (»f His Majesty the lOmperor, which has been communicated to our ('(unpany, that all such inter- course should cease, and that the benelits arisiii<4' from the possessions acipiired by Russia on the coasts of Asia and America should ac(tnie wholly to tlu'benetitof K'ussian subjects, and especially toiuir C(»mpany under its Imperial tharter. The Imperial (lovcrnmeiit has also issued ttrdt'i's to «'\pel from Okhotsk and Kamchatka all forei}>ners who come there for the purpose of trade; as well as t(» abstain ln'iiceforth from all intercourse with any foreij>ners who may hereafter visit those shores. For the sake of preserviu^ intact our valuable privile^ics in the waters over wliit'h our trade ami industry extends, we may well dispense with such articles of luxury as the Ibri'if^neis einU-avor tctmake us purchase fr<»m them. Coiise«pieiitly, each ctnnmmaiMU'r of a station will be held strictly responsible for the slijfhtest iniraction of these riiUs, or the most trivial transactions between torei;'ners and the people in his charffc. liicasesol necessity |>roteclioii will be all'oided by tUo cuiu- inanders of New Arehangel and of Okhotsk. No. 4li(!. August 3, 1820, 8 :i t'l |{[ .58 RUSSIAN COlUiESI'ONDKNCE KELATING TO No. (5. h( tier from the Bonn} of Aihniiiisfnitio)t if fhv Ixussittn American Com- poiiji to Cditlniii- Li'iUniont tiiid Knij/lil U. I. MiiniricJ', CliUf Man- (ificr of the linHiihin Aim-riniii cohniltn. Writtvi: frou) St. J'iUr.shiU'1. u u m IS," Mr. Yiinovsky, in liis rpfuirt titkIpt (hit*- of iM'binary LT), 1SL*(). Xo. H, (l('S(')'il>iiij>' his inspect i(Mi of r *- fiir-spiil industry on tiie isliindsot St. I'aul and St. (ipoijic, icniail;- iiat cxi'iy year a n'lcatcr nnndnT of yonnji' bacln'ior seals is iieiiij; Ici'-u. while for |iro|iaj;ation there re- mained only the fenniles, seicateh. and half sekateli.- ( 'onsei|nently only the old brcedinji' aninnils remain, iunul if any of the younuished entiicly, as ean clearly !»(' seen from eXfterini^nriS nnule. In order to avert such disaster it would be to our i;real ;.iiv;intap' that f<»r one y«'ar nr* seals at all should be killed. TIhmi strier "Drders should be issued that the annual take ol seals shouUl not e\t«e«-il K»,(K)(» on .St. Paul and 10,(»(l() on St. (lecn^-e. Mr. Yanovsky tlii:nk.-< that under such rules the fur seiil will not coutinue to dnuinish, Tiiie board of administration of the t'lmipany, while aeknowle;iin;: tlu'jusriic.'of these remarks, would ilesiro tlijit these measmes be t'niidoyed eriod of rest is ob- sei\ cd on the second island, all thiee "itrivals" are worked on the first island to nnd;e up the annual catcii del'<^ ic taken to prevent the lunnin;; of skins siiht^eeted fo artificial diyiiii!!;;. This ]»rocesN mnsf not lie resorted to with s^ili wo< d (driftwood), aaiid il no other can be obtained, the jireatest sail'" nuiat be taken to retaliate the tires. The non-oltseivanee of strict Tl ii- \\ (ii'd " ]iliv;il iK'iiiis mic InnjiT Wii\ cs of ill! iiuimii!!); tide. ;unl it in used iifioii lilt- ;iHHiiiii|>tiiiii I iiiir till' m<(^ tliat e<|ual «ai<' will he taken in tlie future. When you visit the islands you will make such iirrangenu'nts as in your jnds'nient will |M(»ve hene- tleial to both the Company and the natives em|)l<)yetinti to C(tptri\il«'{j('s lor a poriod of Iwi'iity years. A new set of rules and regulations were iilso taken nn«Ier advisement, and the subsequent action, as evinced by tlie imperial edict, luinislies proot of tlie sincere anxiety ou the part of the lmp»'rial (lovernment to assist all ])raisc\vorthy iind patriotic enterprises, such as that rciu-e- sented by our Com|)any, and t'civili/.ation and chiistiainty in the m(»st distant possessions of IJussia, promisinji' at the same time to secure to the ('omi)any its \veil-«leserve(l prolits and are herewith inclosi'd. With this precious act in your lunul you will be enalded to assuiiu' a new position and to stand lirndy opposed to all attempts on the jtart ol foreifiiiers to infriii^c ui>on our lijuhts and i>rivile{4es. In acccudance Avith the will of His Imperial Majesty, we will not be left to protect unaided the land anrepii re for a cruise to Mie coasts of northeastern Asia and northw(^stern Ameiica. In your dml- iufi's with tbreigners you will act espe<'iidly under the provisioiK^. of the followinji' i>ara{irni>h.^ contain«'d in the new rej^ululioiis: .'Jo, .'{J), 41, 4.», 44, 4(»-4J>, .")!, 52, ."i.?, ."fl-IK), ('»2, (>4, <»7-70, These p;Uii}iraphs beai- plainly upon the points in «ii.n our rijj;hts and drive from our wateis and ports the intruders who threaten to neutralize the benefits and ^i'ifts most ^-raciously bestowed upon our Company by His Imperial Maji'sty. I'iiiiiiiuintvi.; and encrjty on your part in carryinj-' out tin- ])rt>visions of this edict will be tluly reported to ani;t', wns incInHcil with this It'ttcr, ami tVoiii it iH I'opicd Miii traiiHhitioit of tliu iikiisr iiis*'rt<-. ■if Letter from the Board of Adiuhiistratiim of the Jxunsifm Anieriean Vom- pinnf to I'nptain Lientenant of the Imperial Xarif and h'nii/ht M. I. Miirarief, Chief Maiia fur seals by th<' Boro- dino. The Itoard of administration of the <'oni])any informs you that it is necessary to Huspend for a tinu^ shipments of fur-seals, since th(»so sliii)ped by the llorodiiio still remain unsold, and other lots are in the same condition at Moscow and in Siberia. These fur-seals were not 8oler of seals killed annually, and to patiently await the natural increase resulting there- from, which will yield us an abundant harvest in the future. in reference to your action in dis])osing of the .iapanese brass can- non, we fully approve of what yon have done. Yon did not need them in the colonies, since you nuist have on hand sutlicient armament to lit out all the Company's vessels as cruisers for the protecti(»n of onr waters. MlCHAKL KiSSKLKl'. \'. KliAMKK. AM)1{KI Sj'iVKUIN. No. 10. Letter from the Board of Administratitm of the ffasnian Amerieaii f'ttm- paiiff to ('ai)taiii-Lieatenaiit of the Imperial Xarif and Knii/ht M. I. Murarief. Written from St. Betershnrtf -Inlif .;/, l,s2L\ l"'rom the inclos«'d nnnisterial documents and the obsei'vations theri je on by the board of administiation you will see that lOnghnid and the I'nitcd States are contesting the privileges and marine jurisdiclion confencd upon the Company. 'I'lie lirst-mentioned power pi'oti'sts against the boundary clainuMl by our (lovtMinnent ou the line of tin' lifty first parallel; the other pow»'r against the prohibition of foreign vessels fr(»m approaching tvithin HK> miles of oni' coloni»'s. In view of these pretensions His Imperial Majesty has deigned to instruct tlu' Kussian Minister tothe (nited States to negotiate with the (iovernment of those Stales as to what measures could Ite taken which would piove satis fac'tory to both, with a view of averting further disputes. If you should happen to bec(»ine invtilved in dil'liculti«'s with foreign- ers on that subject, yon nniy allow yourself to be guided i»y the spirit of the ab«>ve mentioned documents. At the same time we can inform you that without regard to future negotiations His Imperial Majesty, throuijh the naval eonnnander of his general stuft", has orr of tlie frij-iitt^ Kirissrr, about to sail for the Colonics, not to in- sist too strictly upon tlic full distauct' of KM) miles, wliilc at tlic same time aHordiny: tlie fullest protection to our in' witli all f(U-ei<>'n ships en^-a;;'ed in pursuits injurious to them to the full extent of marine jurisdiction. V. KlJAMKR. Andkei Sevkkin. [Inclosiin^] Letter from the Minister of Finance to the Board of A(hninistratio7i of the liuHsian American Company. Written from St. retembttrif, Jnly IS, 1822. The nnMnifjinj; chief of the ministry of Foreign Atfaira has informed me that on i>resentation by our (lovernment to the cabinets of Lomlon and Washiiifiton of the rules jn'omuljiatJMl on the 4th day of Septem- ber, IS21, concerniuf*' the limits of navifiation and system of <'oast\vise intercourse alonji' the shores o'.' Kastern Siberia, northwestern America, and the Aleutian and Kurile Islands and others, ju'oti'sts were enterecl by the Knjiiish and North American Governments a^iainst what they called an extensitui of our domain, as well as aj^ainst th(> rule forbidding' foreign ships from ai)proachin;i- the above-mentioned localities within the distanc(> of 100 Italian miles. In consiih'riuf'' my re|>oit on these representations. His Majesty the the Kmperor, wishinj>' always to jtreserve the best possible understand- iii};' with forcifin powers, and having in view at the sanie time the pos- sibility of acts of violence occurrinj'' between Russian and American vessels and the misforrunes which thence mi};ht result, has dei};ned to instruj't the naval authorities to jiuide their a<'tion by his sentiments on this subject. Tht'se instructions will be conimuiiicated to tlu* com- mander of the two Imperial ships ordered to sail this year for the Noi'thw«'st Coast of America. In the meantime I am authorized to communicate to you the following;': 1. That Maron Tuyll von Seroskerken has been a]>pointed as suc- cessor to Mr. Poletica in the position of Imperial Kussian Ambassador and Minister Plenipotentiary to the (Jnite' our nnitual rights in connection with our posses- sions on the Northwest Coast of America. His principal object will be to ab(»lish all cause of complaint on the part of our American C(un]>any concerning the intrusive enterprise of certain subjects of the I'nited States, and also to relieve tln-m of a strict obsei-vanceof the edict dat«'d Sj'ptembcr 4, 1S21. which in every (tther res|u'ct nnist be sustained. 2. In order that I»aron Tuyll's negotiations may be facilitated and brought to a speedy conclusion, he has been furnished with a transcript of the Iiussian American Conii»any's views as to the rules we conhl ask the Government of the Anu'rican United States to observe, with a view to tlu' maintenaiH-e of friendly intercourse without injury to the vast interests of (air Com|)any and those of the mitive iidiabitants of that country. The rules to lie |)rop(»sed will probably imply that it is no longer necessary to |)rohibit tin* navigation (»f foreign vessels for the distance mentioned in the e,voimI tlu' limits nrct'ptcd by iiiiy otiuT iiiaritiiiu' |K>\v«'r Cor tin* wlioU' of oiir roast tai'liij;' llio (>i»eii (M't'aii. Over all iiit«'rior waters, however, and over all wateis in- (•losed by Htissiaii territory, sueli as the Sea of Okhotsk, Ilerinj-- Sea, or the Sea of Kaniehatka, as w»'ll as in all j>alfs, hays, and estuaries within our possessions, the rifiiit to the strietest j-ontrol will always he maintained. In informing me of the liij^hest will on these ]»oints the manajiinj;' ehief of the ministry of Foreisn Atfairs expresses the desire to obtain a full and elear dist'rijttive statement of all localities which are at the present day occupied by the L'nssian American ('ompany, and ov«'r which the same Company is now enjoy inji' its exclusive jirivile^ie of trade, navi;;atiou, and fishery in order to mak(! it possible to asi-ertain d«'f- initely the ))oints to which foreijin vessels may be admitted without in- jury to the ("om|tauy"s vested rijihts. The nmna^inji'chief of the ministry of Foreign Affairs adds that wben, in the charter granted to the liussian American Company in the year 17l)!>, the titty-fifth degice (»f northern latitude was settled upon as the southern boundary, this line was looked upon as well t(» the northward (»f any possessions claimed by other ])owers, and one which could safely be changed in case our Russian American Company sluaild be found oc<'upying territory farther south. I'nr this reason I'rivy Counselor Count X«'sseli'od«' suggests that it would be well for the K'ussiaii-American Conijjany to compile in addi- tion a list of its stations, the time of their establislnnent, and maiiite- nan«(', t«>gethei' with any information they may i)ossess of the situation, strength, and importance of any establishments maintained in the vii'inity <»f our possessions by Fnglish or North Anu'riean trading com- l>anics. In order to »'nable me to comply with these various suggestions, and in view of the nigency of the matter in hand, I now resitectfully retpH'st the board of administration of the Russian Anu>rican Com|>anyto fur- nish nu', without any unnecessary delay, a report containing tlie infor- mation specifietl above, in duplicate, one copy to be forwarded to the Imperial .\mbassador at Wasliington. At the same time I am author- ized to assure you that every eti'oil will be nnule to senrs and Iiitrnial Tratlv) to tlw iioartl of Aditiinistrotion of the Ritssian Amtri~ ciiii Coinpiniif. Written from St. Feterxlinrff Afnil :,\ 18:.' I. On the subje<'t of y(mr reiuesentations, under No. 7.$, of February 11 ()fthis year, c(uu-erning tin* jtermission to foreign vessels of entering the harbor of New Archangel for the purpose of trading with the chief manager of the Kussiau American Colouies for such necessaries as ho 04 RUSSIAN CORRKSI'<>M>KNrK KEI,ATIN'(» TO lllll'' iiiiiy he ill wiiiit i>t'. 1 have rcfcivrtl a «'oiiiiniiiii«-iitioii iVuiii tlii' Minister of iMHi'ijiU AlViiirs. <'(>uiit Kiirl N'iissillcvitcli lias Im'cii pleased toinronn iiictliat lie liassuh- iiiitt<-rniiij;' the renewal of inh-i'- eoiir.se with lorei<;iiers in the i'olonies were deservinji" cf attention, lias most ;^raeioiisly ordained that iiitereoiirse and traile with forei;>n ships ill the Colonies may be earried on under estalilislied rej-ulations, and in one port desi<;'nated for the purpose. lnforiniii<; yon of this jL^raeions permission on the part <»f His Majesty the ICmperor, I will add that I am aiitliori/eifi t.ii.] l>ifi Letter from Count Xrxselnule to Mlcolos Semrnoriteh Morilr'niof. ^V^•ittvn from SI. reierslnirfi Aiiril 1 1, /.v.'/. The eommunieation of yoni- Kxeelleney, dated February 20tli of this year, in which you express your opinion on the siibji'ct (d'tlie iitless gave us the light ti> look for coiinnensurate awers. Withont sncli sentiments no sneeess eonhl be expected in any nej;'oliations, and these prinei|des will gnide llu' plenip»»teiitiaries named by His Imperial Majesty to negotiate thetpn's- tions in which the Kussian American C«»mpany is interested. Onr cabinet, i>y tiie ri;;ht of discovery, tirst settlement, and development, I'laims .>overei;inty over tin* islands and western (M)ast of America from the northernmost point to the .VmIi dej^ree of northern latituib'. (ireat lliitain. on the other hand, advances the rights of the llndson's Uay Company, whose trading posts ami stations are bein^' pushe Northwest Coast umb'r the same parallel. The basis upon which these conllctiii};' claims are founded is almost identical, and it can not ho, (leiiied tiiat through injudicious action on either side the m<»st serious and unfortunate coiise(|uences iiiij;iit at any time arise. Prudence de- niaials a speedy a;;reement between both sihiyes of the Hudson's Hay Company must \h' tor lad(b'ii to cross. The repres«'ntatives (»f botli powers reco;ini/ed tlie iii'cessity of such a l»ouiidai'y, but the width of the .>trip of coast nect'ssary lor the pea<'eable j>rosecution of the enterprises of our Colonies, the direction of the line, and its initial point on the mainland of America, iX\T. subjects still under discussion, since the eii\oy of Ilis Itritannic Majesty declares he must wait tor further in- structions from his «'ourt. It is hardly neceissary for me to repeat tliat in all these neju'otiat ions with Kn^laiid we liave recojiiiized, and always will recojiiiize, the paiamoniit iin])ortan< e of the intt'iests ot the Russian American Company in this matter; on the other hand, we must consider the t'xtent of rij;hts in the interior and the most practicable means of securin;; and maintainin}>' the same. .\s I observe above, it isnecessary for tlu'i»eaceable existence of our Col- onies that their boundaries lie dehiied with t lie -ireatest possib!«' accuracy. Tile extent of territory l)el\vecii tlie t'oiist and this boundary should lie sullicient lor the retiuirements of all our estaidishments now exisitiii};-, as well as of su«'h as maybe fouiub'd in the future. At this point, most jiiacious Sir, you will permit me to remark that we have no ri;;lit or ]»(tw«'r to ext«'nd our claims in the interior of the American continent to the Ikocky Mountains. Such claims wouM oidy pive rise to disputes and possible complications without any visible advanta.ues lesultin}; therefrom. On the other hand it is yini«)n that those refjions are nearly barren and without piopi'r soil to produce breadstuHs toi' our Coloni«'s, and siiu-e tlu' principal and almost exclu- sive industry of our settlers consists in the <*ai)ture, not of land, but of marine animals, there seems to exist no ne«'essity for an ext<'nded terri- tory to the I'astward of the Ixaindary noM' projjosed. Conseipu'iitly tlier*' i-an be no cause for a «lispute on the subj«'<'t of tixinjn" the boun- dary of tliis strip of coast. We must also consider that as loiifjf as we avoid sue!i disputes, the neighborhood of an enlijihtenetl jjeople can not oe injurious, but must be of advantaj-e to the Colonies, attbrding facili- ties tor the purchase of su|iplies in ca.se of need. There is no reason to apprehend that the mere fact of liaviu}' such a neijilibor would com p«'J us to abandon any of the islaiuls and coast heretofore occupied by us 60 lirSSIAN COKKKSPONHKNCK UKLATINCJ TO ;lti I:- i W-. 1 ; , > : if south ill" Hit' sixlictli «l(';;r«'«' of latitiuli'. Siwli woiv tin* roiK-Iusioiis ar- ri\«'il ;if l>\ His linpciiiil Miijcstyiui n'juliiijj.vour Kx»'«'llMU!y'st;oiiiiiimii- CiltilMI. OiM' iHiiiit irlicntMl to ill your letter t'sp(M-iiilly iittractrd Mis Miijcsly's attciitioii, iiiiiiicly, wiifir you, dciir Sir, iissi'rted tliiit in roiistMiucihc of IOii;^liiii(l's liy:('(l to yield or ^ivc up iiiiuiy iiiitivi's of AiiH'i'ica wlio had hccii coiivi'rtcd to Christianity by us. 'I'o loso siihjcfts who had voluntarily conu' under his seeptre, and sons of the K'ussian ' 'hiireli, would certainly he repiij;iiaiit to our ;;reat- hearted Monareh, hut from all tli(> inforinatiou wliieh 1 have heen ahle to eolleet it would apjiear that on the eoast h»'low the lifty (iftli de;;ree of latitiidi', or at any yreat distaiie«> from the sea eoast in the interior, then' exists no settlements of the (''Oinpany or native, inhahitants eon- verted to the Kussia any strcuig liijuors, the cause of all evil anumg unenlightened peo]>les, and, w hat is still iiKUe impcu'tant, they agii'e to abstain from selling them any lirearins. Hereby we have been fortunate enough to alxdish. by means of diplomacy, at one stroke the principal cause of all disorders and bloodshed in that distant country, and we have thus laid the founda- tion for the peaceable existence of our Colonies. In arti«'le IV we jier- mit the American States to carry on tor a period not exceeding ten years trading and tishing in localities situate within our possessions. To this clause, advantageous to them, our cabinet foiiml itself obliged to consent for two very important ij'asons. First, because the Ciovern- nient of tin' North American Hepublic, not unreasonably, demanded an enuivah'iit for the great advantages cont-eded to us in other articles of the ('(Uivention, especially those of article V. Second, because the Americans had been for some time engaged in this trade and tisiiery, which the Company has thus far been unable to prev«'iit them trom doinji: and because, on the other hand, it was much better that they should accept as a spe«'ial and temporary privilege Ironi our hands what they might come to hM)k iii)on as a natural right in «'Ourse of time; since now the Americans ackmiwledgi' ofiiciallv tiiat at the ex- 'Hic. It was (louli)tU'Ss iiiteiiiled to lefer to article V. H THE Kl .SSIAN AMKRICAN (OMI'ANV. 67 pinition of ii Jew sliorf y«>;irs we liavc IIm' U'ita] power to <'?itii«'ly pro- liihit ti'iMliiiK i)>iioii. TIh! lOiiipt'ioi' has )U'i«,nic(l to approve fiie arlit-lt's ol' the «'oiiv<'iitioii l)\ wliicli tluMlciiiaiHls ami iiitcri'sts of ])otii coiitiiM'tiii^' parties lia\«< lieeii considered as iimeli as |>ossil»Ie. A elose senifiny of tliis r(»n\»'n- tion must lead to the conelnsiMn that under its provisions oni Cohmies will aecjnire new stienjith. This act may he loiked upon as I he lie;iin- nin^of the jiolitieal existence and safety <»!' the Cohmies. since tlieir leiation to foit'ij^n powers has l»e«'n for the first time acl< now h'd;;<'d and nnide patent to the world. 'I'li.- importance of this is evident, and I he mend 1. MS of your hoard will doubtless realize to its fullest extent thrs new >i:n at ItelM'flt bestow ellMti<\v that His lin|M'riiil Miijfsty hiis most ;;'i-a<-ioiisiy (Ici^iicd to a^icc I'lilly iiiiedin;>:s of the com mittee. and I have the honor to inform yon, most }>racion.s sir, that instrmtions have already been foi-warded to our ambassador in con- forndty with tht> conclusions ri^iched by the memliers of the committee. I must not omit to add also a copy of my hnndtle opinion on the comphiints of the Knssian American Company presented to His Ma.j esty at your l*]x« ellency's request. 1 tiatti'r myself with the thoujfht that these documents will convince you, most gracious sir, as well a» the board of administiation of the Ikiissian Amerirmina- tiiin to protect the ('ompany's interests in tin; cat<-li and prcsci'\ ation of all marine sinimals, and to se<-nre to it all the advanta;;('s to which it is entitled under the charter :ind privileges. I IlirliiNiirit.[ ProcevtlbuiH of the vimformr hehl Jiilif .Jl, lS;Jf. Count Nesselrode oi)ened the conference by a detailetl explanation of tln'piesent status of tlu' business most {iraciously submitted totliecon- siderati«>n of the coninuttee by His MaJ«'sty the l'lmi)cr(n'. He r<'ferred to the parajiTaphsiU- articles of the aj;reement concluded with the Minis- ter (d' the l)uitef tli<> ]>leuipoteutiary of the VVashingtou cabinet. Due attention was also ]iaid to the humus pointed out by the Imperial m'nisteis as most jn-ac- ticable and availabh> to i»revent evil couse<|neii<.'»'S and unjust dispute, liy a nuijority of votes the nu^nbers of the cor.imittee agreed upon the following: 1. That the agreement of Ajjril o/17 establishes for Kussia rights ytf THK RrsSfAX AMKHICAX n<;'tli of tliis ii;:rtM' in«>nt tli«>s«> ri;;lits Iniil l>c(>n iirUno\vlt'il;;ril by tlic (iovfi inncnt wliirli wonlil liaviHx'cn most bcnclitt'il In contt'stiii;: tli<>ni. iiiHl wliicli coiiltl most easily luivc iniurni us; that by nn-ans of tiiis a;;i'«M'ni)>nt tlic unrivile^('s anil rliaiter ;;raiiti-il to tin- Itiissian Ameriran ('oni|>aiiy. 'J. That tliron;:'h the absolute prohibition of liaile in aims, ainmnnl tion anil sti-on<; liijiiois with the inhabitants of the Noitliwest Coast, estalilisheil by this a;>reenieiit. the Kiissian Anii'iiran Coinpany ha . si'i-iiieil an aiiiMint of pioterlion tor whirh it has icpeateilly elanioi' .. but wiiirli it has not heietofon- attained. .'(. That this last i-onsidriatiun is all the more impintant beransc snrh prohibition, alVeetin^ only Itiissia. prevents distiirbanees and open hostilities ainon<>' the native tiilies inhaiiitin;!; our possessions, while at the same time it makes piolitable trade on the part of fot-eii^ii- ers within onr domain impossible. \. That the ii^jrei'ment of April "»/17 eontains also another not less important ])oint. namely, the agreement on the part of the .\merieans to establish no settlement on the Noitliw st Coast al»o\e latitude •Vt'^'K)'. Iiy this eonression alone oui' own territoi I elaim is plaeed upon a permanent basis.' r>. That one of the most important points of the aii>'reenieiit, and one of very /^leat advanta^'e to Knssia. lies in (he assnranee that at the expiration of ten years the subjects of the Ciiited vVmerieaii States will eease altoji-ether to navij-ate the waters of the Northwestern eoast above latitude iii^^ 40' and to earry on their lishery and trade with the native inhabitants. If, on the one hand, it eonid not l)e su|>posed that the States woidd willin^ily ayree to siieh a eoneession •.. tliont any eoi- respondin}<; advantage, on the other hand, all that the Imperial .Ministry liaii desired or demanded will be aeeorded and fiiltilled at the end of a few years as speeilied. (!. Coneerniii};' the intluenee wliieh the a;ireement eoneluded on the r»tli of April nniy have upon Knssia's tiade with (Miina. it is neeessary to eonsider that in this trade there is invested on both sides a eaiital of .".(MMM»,(K)(» rubles, of wliieh only 8(MMMK> rubles fall to the K'ussian Amerieau Company's share, and even if the Company eou!d brin;;' to Kiakhta a mueh greater number of furs, otters, and iur seal, it would be found impossii)le to dis])i>se of them, and they would till the market to the injury of other }i;oods. At any rate, viewing the limited scope of its trade, it can not be eonsidered that the a;;reement of April ."» 17 ean in any way injure th i trade of iiiissia with China. 7. That sinee the soverei;;iity of K'ussia over the shores of Siberia and Ameiiea, as well as over tlie .Meiifian Islands and the intervening seas, has lonj;" siiu-e been ai'kin!wledj;eil by all powers, these eoasts, islands, and seas Just nanu'd eould not have been refened to in the articles of the above-ineiitioneil eon vent ion, whieli latter eoneerns only the disputed territory on the Northwest Coast of America and the adjoining;' islands, and that in the full assurance of such undispiiti'd rifilit Russia has lon}»' since established i»ermaneiit settlements on the eoastof Siberia as well as on the chain of the Aleutian islands; conse- (lueiitly American subjects could not, on the stren}>th of article li of the convention of April ")/! 7, have made landing's on the coast or carried ' TIii> Kiiiitlifi'ianoMt Mi'ttlcninit now ixTiipii'il is sitiiiit*-il in liititnilc r»7 ; ronsc- queiitly tlii.s ugrci'iuout will enable thcui to locate new .stations liirtlur to the .south. ft ! I ■ih 70 RrSSTAN CORRESl'OXnKXCK liiiLATINO TO r ^ II t i on 1iuntin<^' iiikI tisliiii<^ witlnmt tlic |H'niiiMM<»it of our coiniiiiiiHlors or •jovcniors. These rousts (rt'Sihrfia uiid of rite AJiMitisiu IslaixlK arc not washed by tlie Sontliein eean, of \vhi«'li mention is nniiie in artieh' ! of the eonxeiition. unt by the Ai-etii- (h-ean ami tlie seas of Kamchatka and Okhotsk, w iii<'li. on all inThentie charts and in ail jjeoj^rapldes. from no part ot' rne Sontliern or l*a«rific ()e«'an. 8. In eonclnsion. we must inti lose sifjht of the fact that th«* conven- tion of April ."i/lT setth's all diNoutes to wnich the edict of Sei)tendter 4/1(5, ISL'l, ;;iive rise; an edict if^+ued at the lormal and rejteated request of the Ifussian American < 'omnany. These disjaites have l»ecome of considerable inii>ortance. and miyht l>er(!newed ajiain if liussia should fail to u]>hold the conventicm. and in that cstse it would be ini])ossible to foresee the eml or the conse«pu'iu'es. These weijriity reasons induce a majority of the memi>ers of the comniir i< re«'oi(l tiieir ()]>inion : "That the convention of April ."»/17 nnist be .^l^ > iiined, and that, in onler to avoid an unnecessary am\ un.justitiabie altercation over this ;u!t, (leTieral Haion de Tuyll should, at the i)roper nnie. offer a deelarati/17, i»ut they prest'iited and spread n|ion the minutes a special opinion, here appended, to the ettect that llaron de Tuyll should, on the ex- «!han}ie of ratifications, dennuml that the ])nviie«je of tree trade and fishery, ^iranted by article 4 of the said c(uiv««itM»n. should extend only from latitude .")4^ 4(»' t(> the latitude of ('r(>ss SoiHii(l jtiit an end to Lhe comphMmts of tttv Jammmmmm ('««iipany, and consenuently the niiijoiTty may be aoopted i;:ini upMHiltiii}i' to Kussia tilP enTn-eiiijoii of April ."» 17. ftnn' the |)iopfH«-sN Sound), wldcli is situi'.trd nnd«'r latitude ."»7'^, and eonse(|uently loruis part of the coast and islands to wliicli llussia's riyht lias been dispnt<'d, it would be impracticable to ajipl.v to it th«' sann' rule, unless siune other vali/ 17, and that it must, under all cireumstanees, be sustained. This opinion was tinally unainmously agreed upon by all the mem- bers of the committee. 8t. Petersburg, July -'1, l«-*i. yi;SSKLI{(»l)E. (1. li. Kankkin. Si*i",i:anskv. Dm siiiNiN. roLETlCA. No. 15. From the Jioarfl of Admin istratioii of the h'lissitni Amrriran ComiHini/ to Ciiptaiii of the first rank ami Knhjltt Iran Aiitont ritrli Kiipreidiiof. Written from ISf. I'etcrsljnrij, Marcli :il, is lit. From your dispatch No. 114, of April L'O, we learn that you liav<' re- • jiiested the Crecde Shayashnikof to expiess hisopinion as to when you ui.iy bej»in taking;' a full catch of fur s«'als (ui the island of St. Paul, and 'vhen you may establish a «'lose season on St. (leortic and the ("om mander Islands. The boai'd of administration respectfully requests that you will in every resjiect act in accordance with the o|»inions of Shay- ashnikof, who possesses a thorou.uh knowledj>'e of this industry At the same time you will bear in mind that we look upon the fur s«'al cat, /,s.i,/. From tln' (lis|»;itrli<'s of tli<' bdjird of adininistralioii (liit('ttrritcli, the Nihohti /, the h'dilitilx, and the Slirlih)/.- and the smaller (»iies: Mni- sliil:oJ\ Kdiistantiii. itkhoisk. and 'rinujiiss: and since the Czonrllch, which is to leave the Colonies in the autuinii of IS."),') will be r«'Iieved i>y the »S't//.v», of 7 tons, now in course of c(mstru4-tion. and w!ii<'h is to sail for New Arclianii'el in IS.").), the immbei- of the (.'ompany's hips in C(»l(»nial waters will remain the same. < "onset lueiitly the >u miner season, comprising;' the months I'kuii .\pril to October, will n- j;ers, stores, and supplies for our Asiatic stations. On the outward voyajie the (^mrse of this vessel should be laid to the northward of the chain of the Aleutian Islands, in order to meet foreijiu ships enter- ing- Herinj; Sea. and to warn them ajiainst cruisiu},' in pursuit of whales in the vicinity of the seal islands of tlie Pribilof and Connnander groups. At the bejjinninjj of August the shij* should return to New An-hanj-el, with carji'o and passenji'ers from Siberia, crnisin;; in search of foreij,ai vess«']s on the way. Durinji the detention of this vessel in the port of Avail, its ('(uumander will ]»laee himself under the orders of the local colonial authoiities in all cases of enu'rjicin'yi oi' of infrinji'ement of the Company's lights and privileges, for which purjiose the local coni- nmnders are furni^died with special instructions. ."?. A sec«nid small vessel, the swiltc^st of the fleet, piobably the .1/^ .sliihof. with a naval crew and c<>mmand«'d by a naval othcer, nnist sail from Sitka at the ciul of April for tin- sole jjurpose of watchinj-' the lon'ifiu whale ships in the sontheru part of IJcrinji' Sea anect<»r and ji'cneral ajicnt. This vessel nuist be kept crnisin;.'; constantly ovei' tiic wateis Micntiiun-d above, and nnist not enter any A' the liarluu's except for the jiurpose of obtainin;;' water and wood, on wliich occa- sions tile !.tay of the vessel nuist be limited to tin' biiefesf possible pe- riod. Kacli of the altove-mentioiicd islands nnist be visited by this cruiser at least twice durin;^' the season. The tirst time for the pur- pose of laiidin<4' supplies, mails, and the iiispectoi ; th<' sectuid time to receive the furs obtained. r»')u»its. mail, and tlic inspector. The, com- mander of this cruiser is strictly prohiliitcd from remaining at am lior durinji the progress of inspection, as it wouhl l»e Ix'tler to call at the islands several times tiian to remain idle in peiids upon the time at wliich tin- foreign whah' ships leave Uering Sea, which is probably at the cmi of August or the beginning of September. 4. The third and fourtii of the smaller vessels, /. f., the Ohliofnk and Tiiii(in.s.s. are assigned to ( ;trr\ supplies to the redoidtts and islands of the Kadiak district and to I'nga Island, and to bring back furs, in order to still further insure the Kadiak district against seanity of sup ]»lies, oiu' of the larger vessels sailing in the spring may also take a jiaitial cargo for I'avlof Harbor. 5. The se<'ond large vessel must be employed to supply tlu^ islands of the Uinilaska district, the Pribilof Islands, and St. Michael's redoubt, ami also to carry on inttu'course with the coast tribes of Hering Sea, on the Asiatic as well as on the American coasts. IJeing first loaded with the supplies f(U' St. Micha<'fs ami the goods intemh'd for trattic with savage tribes, this ship may tak(^ on sidtse(|uently an upper carg<» of Inmbei- and firewood for the I'ribilof !slanf Ishnids tho (•oniiiiiincU'r must hr (•hiir;;'tMl witli the duty of luuisiii^i' in s«'arrli (»f for- eij-n \vh;ih' ships and of Knylish vt'sscis cairyiny' on trade witli onrsav- ajt»'H. This sliip, also, must nmi°es to Kamchatka, must also he tUted out as an armed trruiser and kept in readinc^ss to proceed to any point in IJeriny; Sea or in Siberian waters, from which the preseiicj' of foreijiii ships may be rei>orted by the smaller vessels in the course of the season.' In transmitf iii^JT to your ICxcellency the above outlined plan for the employment of the colonial Heet, vlu' board of administration respect- fully requests that in case tlni interests of the Company require a di'via- tion from our plans your lv\cellenortunity to make themselv«*s acquainted with the routine of colonial transa<'tions, while at the same time their ruuk will yive authority tocmr proceedings. V. rOLI'I'KOVSKV, P ITS i (liny (Jlfiven V. Kt.l}lM'KL, A. Ktholin, N. KrsoF, JiAUOiM WllANUlX, Members of I he JUxird. No. 17. .' ♦ h Mivr from C \(Mi (tan in ad:iy, you will jnocoed to the isjiiiid of St. Paul, wluMC you will deliver your passeiif^ers, land the supplies, and take on local pi«>du<'ts for St. .Mieliael's redoubt. You will tlu-n jjrocced to tlu' redoubt to laud supplies and take on whatevei- earfj^o Manager N'akhiaineief may have on hand. .'{. <)u leaving St. Miehael's redoid)t you will shape youi- course for tlu' island of St. Paul, where you must take on wjth(»ut fail a full <'argo of fur-seal skins and local pnxliu'ts sueh as <»il and seal meat, and |)ro- eeeding to the island of St. Geiu'ge, take on in addition such pioducts and furs as may haveaeeumlated previous to yo'.ir arrival there. Thence you will proeeed to llnalaska, and furnish Manager Vlassof with such <|uantities of oil and seal meat as he nmy be in need of. You will then take on the furs on hand at Tnalaska, and proi-eed t() New Aichangel. 4. During your visits to the above-nu'utioned jxtints, y(»u will receive all com|)laints submitted to you and, without making any decision whatever, submit them to uw an your arrival at New .\rcliangel. .■). At St. Miehael's reraeti(!able. 7. During your stay at St. Michael's r«'doubt you will cause to l)e col- lected a «|uantitv of drift wood and deliver the same on tlie island of St. Caul. •S. If the managers of the islands should present to you any emi)li»y<''s who have served out their terms for transportion from the < '(•lonies, you will take tlu'in on board. I'nuu the island of St. I'anl the carpenter, rarfentyef, will reipiire a passage to Sitka. !>. It lias come to my knowle«lge that in the jiresent year two whaling vessels have sailed from San Francisco for the piiri)ose of trading on the I'ribilof Islands (»r of hunting in their vi«'inity. ('oiise(|nent!y I would snggx'st that during your presence in tlio>e waters y<»u will e\ ercise the duties of an armed erniser. to pre\<'nt any unlawful acts on tlu' i>ait, not only of these two vessels, but of any others which you may find in Uering Sea. 1 trust that all the varicuis duties intrusted to yon will be carried out to my satisfactiaiiy and tin- oijraiiization of lli«' Ifiissian American Colonies, «lir«'cts, l>y a ri'soliition approvi'd liy tln' Emprror on .liine 14, tliat in tiic |)n>]iar:ition of a in'\\ cliaitcr lor tlic Knssian Aniciiran ('(»nipaiiy and of tilt' rc^^iilations tor tlM> ^ovcrnhicnt ot'tlic ('olonics, tlic toilowin^ ]>rincipl(>s shall be adopted: 1. TIk' tcrni of the jirivilcf^es, rij^hts, andohjifjations of the company i^xpin's the 1st day of .lauiiary, ISSU. 2. The Company is authorizj-tl to issno, as hci-ctofoici, tickets for nsc in tin* <'Oloni<'s in tlic place of coin, which tickets shall have a li\e time, it shall he the dnty of the (Jonipany to estahlish at several points in the Colonies otlic«'s for the redemj>tion of snch tickets in coin or paper currency. At the same time, both the tei-ms of redemption and the points at which redemption shall take place must be determined by the new charter of the Company. ."{. It shall Im', as heretofore, the dnty of the<'ompany to iiidntain in the tUdonics churches and the f the sc(»iM'of its operations. r». The Company stands under the special iUdt«'ction of the i''mper»u-, and short yearl.v iei)orts of its operations are to be subiuitted throuj'h the lu-ojier ministry for the consideration of His Majesty. (i. The followinji; rights of the Company are to be preserved: The light of Hying the tlag specially designated i>y His Majesty for the Company vess«ds, of using uniforms for tlieir empl(»yes (»n the ves- sels; and a seal with the imperial escutclieon; all tlie privileges now enjoyed by the Couii>any in regard to tlu' lecruitiiig of men in Russia and Siberia; in regard to tin' tt'rms of tlieii' passports and the paynu'ut of taxes for them; in the preparation of the lu'w charter, the teinis should be tixed beyond w liich the hiied men shall not l>e lialde to d<>- tentittn in the Colonies tor debts due the Company; also the peiiinl of time within which the men in tlie service <»f the Company may be re- turned to the phu'i's of their birth at the rt'quest of c(mrt,8 of justice and (ioverniiH'ut otiicials. Tlie exemption of the Company from the duty of turnishing quarteis to the military should be ab(tlished. as also the cxemi)tion from the duty of procuiing every year a ti-ade certilicate of the tiist guild, and proper li«-enses foi' the factories, warehouses, ami stores of the Company in Russia and Siberia. excei»t foi' those situated at the jHut of Ayan. 7. The charter shall (routain the (conditions for the transfer to the Ciovernm«'nt., after the t-essation of the Company's existence, of all ]udilic buildings and works erected by the (Company, designating those which aUaU be transferred withtuit compensation, and those for which THE RT'SSIAN AMERICAN COMPANY. 77 it is ontitlcd to coiniUMisation, and .siM'cif^vins' the method of (ixiiij;- tlie (Miin|>(>iiSiition. H. Peniiission is given to brinj;- into tin- poits of New ArcliiinH'el. on the island of Sitita, of Kt. i'ani, on tlie i^ uid of Kadiaix, and into sncli otlit^rs as n my be »uhse(|nentl.v found convenient for tlic iMirpose, all kinds of inerehandise (except intoxicatin;:' ljevera;;'es, i)o\vd«'i", and arms) on hoard both Russian and fin-eif-n vessels. !>. S|)ecial rej^nlations shall b(> presciiibed eoncei-nin;; the impoitation of intoxicating li(|uors and tiie sale thereof in the Colonies, as well as the fniiiishing of arms and powder, such rejiulations to be of such a chara<;ter as not to im])oHe onerous restrictions upon the inhabitants, and at the same time to guard against abuses and injurious conse- (pieiices. '*' 10. The Aleuts and (tther i)eacefnl initives within the Cohtnics art^ n'lieve(»th the chiefs and chlers shall be confirmed by the chief manager of the C)oh)nies and be liable to re- moval by him, in which latter case it shall be his duty to order a new election. 12. The period of obligatory service to the Ifussian American Com pany by cre(des educated at the cxikmisc of the Comi»any, either in the Colonies or outside, is limited to five years. l.'i. It shall be lawful for Russian subjects, as well as for foreigners who have become Russian subjects, to settle at all points of the colonial territory not actually occupied by establishnu'iits of tluf Company or l)resent colonial iidnibitants, and to occupy for their dwellings, out- buildings, and tilling all necessary areas of unoccni)ied lands. 14. Until further orders from the (Jovernment, the iidmbitants of the Colonies shsill not be subject to any direct taxes, either in behalf of the ('I'own or of the Russian American Coujpany. l."i. Hvcry description of trade, except the fur trade, 8hall be free to all the residents of the Coh)nies and to all Kussian subjects without distin«'tie Douglas, in the Bay of Kenai, to the upper shore(»f lliamna Lake; upon all the islands situat«Hl along the coastof that peninsula, namely, the Aleutian Islands, tin' Comma nder Islands, the Kurile Islands, as well as up(»n the islands situated in Reriiig Sea, and ahmg the whole western shoie' of Bering ^H^a. As regards the region stretching northeast of the Alaska penin- sula, ahmg the whole of the coast up to tlie boundary line contiguous with f5l»* {lossessionsof (Ireat Britain, and on the islands situated along f ' It in cIiMir from the context that it in inteiiiled to icl'tT to the casttTii shore of BtTiiiy Sea. I ,J;i It. 78 RISSIAN ("OKKKSI'ONDKXCK FtKLA'nN(» TO ili*^ 1,^', that (uiast, iiH'Indliifi Sitka iiiul the wliolrof tlu' KoIoI- islied. (h) All rohtnial residents and scttU'rs who are Russian subjeets shall lie allowed t() engage in tin' fur tiado, under speeial rej^ulations to ln' presrrilied upon tlie subjej-t in all the ])laees within tin' Ivussian jiossessions wheiein the exclusive rijfht of tlu' K'ussian American Com- pany is abolislu'd as stated above. All (M her Russian subjects not per- nnnu'iit residents of the <'oloni«'s shall be free to trade witli the natives for fnrs, Imt n()t to <'ii}«a{«<' in linntiiifr fur beariuff aninnds. I(). The general administration of the Colonies and su]iervision over the mana<{»'nient of the Company's atlairs shall be entrusted to a chief manager, ap|)(tintcd by the Kmpcror, and independent of the Comi>any, who shall be subject to the immediate orders of the pointed by the Coveinment and nuMnbers ap))ointed by the Russian American Com- |)any, in such ninnbcr as may be necessaiy for the coiuluct of the busi- ness and jtcrformancc of special nn'ssions. Tim expense of nmintaining the chief manaji'j'r and the council assisting;' him shall be borne by the Imi)erial Treasury, nnd«'r the estinmtesof the Ministerof Marine. The iluties and rijihts of the mana^ier and couniiil shall be determined by special instructions or ordinances. 17. The supervision of the Kussian American Colonies and tin' Ifussian Amerii'an Company shall form a part of the duties »>f the Minister of .Marine. in i)ursuance of the above cited oi>inion of the State ecmncil, ap- l)roved by tlu^ Kmperoi- .lune 14, I communicatt^ to the board of admin* istration of the IJussian American C(uni»any the i)rin<'ii>les as specilied above, for the incparation of the Company's charter and colonial rejjn- lations, and hereby invite the boaid to sid)mit a project to be presented for the final consideration of the State <*ouncil, and to convoke a };eneral meetin}-' of the stockholders of the Russian American Company, agree- ably to the provisions of sections 2182 and 21.S4, part I, volunu* 10, Code of Civil Laws, t'dition of 18r»7, which nu'ctiii}; shall be attendt'd by the };r«'atest possible number of st«M'khoIders for the consideration of this subject. The orifiinal was sijjned by the INlinister of Finance and by the Sec- retary of State, licitern, and in tin* absj'uceof thediiector by the acting director of the ollice of the .Ministry of Kinauee, Kodsko. A true coi»y: A. Ti.MKovsKr, Chief ChrJc. No. 19. I'K Conceruhiff f lie (jrfDi till g of a foiirtii charier to the Rmslan American Company. April 2, 1806. KoNSTANTIX, Presi^lent of the Council of iitatc. ii THK lUISSIAN AMKKICAN COMPANY. OPINION OF THE COl'NriL OP STATK.' 70 The roiincil of Stiite in the DrpaitiiK'nt of tlic Iinpci-ial Doinaiii in its ;>»'iu'i'iil session iiavin^' coiisidcicd flie n-poit of tlu' MinisttT (»f Finanrr <-oiirernin;'Mie revision of tliccliartei-ot" the Ifnssian American <'uni|>any and t)ie oipini/ation of the Itnssian American Colonies, reii- ,lei'(>d tlie follow iiig o|iinirincipal featur«'s of the new i-harter of the Knssian American Company and of colonial re};nlations, it is ordained: 1. (As to Article I.) The duration of the privilejics to be ;;ranted f(»r twi'Mty years tti the Russian American Company shall be reckoned from the date of the a|iproval of the charter, and not from January 1, 12. 1'. (As to Article \'>, lettt i a.) The exclusive ri;iht cd" the Companyto I'll;-!!};*' in the fur trade throu^jfhout the entire (colonial territory shall be continued; pi'ovided that the manner of carrying on such ti'ade shall be di'termined by re;;ulations, to be pri'scribeeria] Domains. 3. (As t(» iirtii'le 2.) The Company shall be allowed, as a temporary nH'asnre, for four y«'ars to issue tickets for use in the ('(donics instead of coin, on condition that the total amount of such tickets shall be deti'rmined by the new «-harter of the Company, and that the tickets shall not have a <'<)mpulsory cin-ulation, but be r«'ccived by viduntary a^reeiiH'nt of the purchasers, and that the Company shall be bound to keep for tlu redem|)tion (d' the tickets a sutlicicnt fund in lawlul uumey; the details and conditions (»f this matter shall be deter- nnned by the new re<>ulations and «'harter of the ( 'ompany. -I. (As to Arti<*les 8and !).) The provisions to be included in the new ehartt'r of tlu? Company concerninj;' the opeiiin;; t»»lrce trade ofthe ports of New Archangel and Sitka, and oi St. Paul, on Kadiak Island, and the introduction into the Colonies generally of such trade and of indus- tiies, also the provisions cotu-erning the importation ami sale of spir- ituous liipiors, and the sujiplying of aims ami povvdei-, shall be in accordani'e with the proposititms now submitted by the Company; pro- vi(b'd,that thecomnu'ntial numopoly heretofore enjoyed by the Company shall under no ]u-etext bt; continued. o. The Company shall be allowed to increase its original c-apital by the issue of stock subj«'ct to gracbial redemption in twenty years, which redemption shall be etlected by the Comjtany from its own resources, without any guarantee on the part of the (lovernnu'ut. 0. In regard to an annual subsidy from the (ioverinuent to the Com- ]|)any, the Minister of Finance is instructed to submit a report, after due tMUisultatiou with the Company, and in proi»er tinu' and usual course of procedure. 7. l-'urther necessary stei)s fen* the preparation of a new (dnirter of the Company and of the colonial regulations shall betaken by the Min- ister of Marine in the nmniuu' imlicated in the opinion of the Council o\' State, approved by His Majesty June 14, l.Stjri. All previ(msly conilrmed jirineiples of the decision of June 14, 18(>5, renndu in force. [ il I ■('opit-il tViinitlK'Jonnialsdf Mio Iiiipi'iinl Citinicilsiif PiililicDuiuiiiii, Juiuiaiy 15uiul Maicli 2, and of the I'lciiary Council of March 11, 18UG. I 80 UISSIA.V CoUKlvSpoNDKNCK KKI.ATINO TO I ill; if Tlu> nriy:iiiiil is sijjiicd in tin* joiiriisils by tlio pn-siiU'iitsaiul iiicmbcrs. CfitilltMl hy — Yermakofk, Vir(M'liiinnMl fo all wlioiii it may concern, that if any jut- son or jMTHons, after ij'atlin;'" these presents, (hies not immediately abandon Itnssian territory or waters, or continue Ibrbidden trade or tratlic, tliey shall be seized forthwith upon the arrival of the (irst Itnssian vessel upon the st-cne of their ille^jal transactions an ship Sitntrnf wi'w not sirrrptrd as Calit'ornia skins, whicli aro »M»Msj(l«'r<'(l l>y tlie (vlilnesc to In'' wortli one and a liall' times as nnicli as the yrays. The Indls and yonny Indls H'c«'ivt'd by tin- h'oiisiinifiti aif va'v.od still lii}l'li<>r tlian tin* bachelors, altlion^li the liair on tlirni is foais*- andean not lie ntilixed: tlie skins, however, aie iaijic of oood texture, and «»t whitish-yellow color, the, hair Imun phieked out so as to leave oidy the till' on the skin. The I'm* thus olitained is dyed ami is then n>a'h of a paler color and with reddish spots, are lar^icr in sixe and have a thicker and lon{>°er t'ur. Onr tViends (tlut< 'hi- nese) are very particular as to quality, andnot less particular as to size; tln'y sort and measure by inches, and they therefore valued the skins broii;^'lit by the h'oti.itontin hij^her than the bachelors and yrays from the Siirorof. The young sea lion skins received by this olHce ha\e been exhibited, but inasniu<-h as they liav(> no fur and short hair, though they make a very guld bo utilized for any purpose. DkMKTKI KrZiNKTZOF, Manafjcr. Vassili Joukof, Bookkeeper. No. 22. Letter from the Board of Adminintration of the Ruftsinn Ameriean Com- funijf to Captain of the first rank ami Kn'ujht Ailolf Carloritvh Ktholin, Chief Manager of the RnMxian American, colonics. Written from ISt. rctershnrjf, March .v, liSU. The regulations of the fui'-seal industry mentioned in your dis]>ateh N(». L'ST, of May!>, 1S4;'., are fully approved and conlirmed by the Ixtard of administration, ami the propost'd close s»'ason on the Island of St. (leorge and the Commander Ishnnls is hereby 1.0 I.I 15(1 !!^ m 1^ 12.2 ■yuu Uo 1^0 IL25 i 1.4 6" 1.6 -► vQ / '^^ ^f^ ^4 .-v Photograohic Scieices Corporation 4 a? \ \ ^ A \ 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 ^ ■Ill )■'' I*" I' if 1. 82 EUSSIAN CORRESPONDENCE RELATING TO No. 23. Letter from the Boarrl of Adminhtration of the Russian American Com- pany to Captain of the Imperial Xary of the second rank Alexander Hitch Rudakof. Written from ^t. Fetersbury, April :*:*, 1853. From (lispiitc-lies received from your Excellency's predecessor we learn that the fur-seals in the Colonies are lapidly increasing, and as there is every appearance of a good nuu'ket for the same, the board of adminis- tration instructs you herewith to make all necessay arrangements for carryiug on tlie scaling industry on all the islands frequtmted by these animals to the fuli exteutof their capacity, without depleting the rook- eries. The rules for the protection of fenuiles, etc., will be strictly ob- served as heretofore. Of the fur-seal (jatchyou will forward annually 0,000 skins to Kiakhta by way of Ayan ; 10,000 skins to Shanghai, ami the reuuiinder to St. Petersburg on the Company's ships. At the present time, the board of administration orders the discon- tinuance of the present process of salting skins, as being unfavorable to the sale of fur-seal skins. V. POLITKOVSKY, Vresiding Officer. V. Klupfel, A. Etholin, N. KUSOF, Baron Wrangell, Members, No. 24. Letter from the Board of Administration of the Russian American Com- pany to Captain of the First Rank and Knight IStepan Vassiiieriteh Voyerodsky, chief manayer of the Russian American Colonies. Written from ISt. I'etersbury, April J^i, 185L In his dispatch. No. 318, dated May 30, 18r)3, Captain Rudakof, in rejtorting the increase of fur-seals on the Island of St. Paul, and his action relating to the fur-seal industry, requests a decision from the board of administration as to the number of seals to be killed in the future, and the grade of skins preferred. The board of administration, therefore, respectfully requests your excellency to order the killing principally of bachelors, the older the better, since our custonuu-s are eager to secure large skins. Small seals should be killed only in numbers sufficient to supply the deman«l for oil and food lor the natives. Since, however, at present, the demand for lur-seal skins has somewhat diminished, the catch may be limited to such a nund)er as will not interfere with a regular increase, until a greater demand has again been created. To this end the board of managers is devoting all its energies. V. Klupfel, Presiding Officer. A. E'J'HOLIN, N. KusoF, Baron Wrangell, Memhera, THE RUSSIAN AMERICAN COMPANY. 83 No. 25. Letter from the Board of Admitmtration of the Jfusftinn Ameriean Com- pany to Captain of the second rank Prince Makantof chief muna,000 to 16,()(K}, and at Irkutsk, from 5,000 to (),0(U) skins, wbicU must all be of the best quality, /. e., full-grown males, half j?rown males, large and medium bachelors. The whole number sent to New York may be salted, but the buyers detnand that all fat or blubber be removed very carefully previous to salting, for the better preservation and further prei>arati(m of the skins. The skins nuiy be shipped to New York by San Francisco, preferably as supplementary freight on the clippers of the New York and (Cali- fornia trade, as in this manner they can be forwarded quite cheaply. At St. Petersburg only dried skins are in demand. These should be shipped in our own vessels, but in the absence of such, they may also be shipped by San Francisco or Victoria, preferably on ships bound for London, where they will be consigned to Pelly & Co., or to Hamburg, consigned to Strong & Co., thence to be forwarded to their destination, since no ships bound for St. Petersburg or Kronstadt can be found at San Francisco, and to charter special vessels is very expensive. At Irkutsk also, only dry skins are required ; they may be forwarded by Ayan. At the same time the board of administration asks you to make arrangements to enable you, with the proposed increase in the fur-seal catch to 50,000 skins per annum, to ship 43,000 as indicated above in due time to their several destinations, storing the remainder at New Archangel for use in case of special demands. In order that these stored skins may not spoil in the warehouses you will make it a rule to ship the reserve of each year to Kussia in the folloAving year, rejtlac- ing them from the new surplus. The killing of small seals should be avoided altogether, if possible, but if it must be done, for the sake of procuring food, you must And means of using the skins for clothing in the Colonies, keeping a strict watch to prevent their falling into the hands of foreign traders. In the opinion of the board there can be no ditttculty in i)reparing su(!h small skins in the Colonies, where so many men are in need of employment whom we can more easily assist in this way than with direct charity. In connection with this object of flnding a market for the small seal- skins, the board of administration would ask you to introduce their use as an article of clothing among the savages of the northern dis- tricts who may purchase tliem with other furs, which the Company could dispose of at a greater profit. The principal object in trying to accustom the natives to the use of small fur-seal skins for their cloth- ing is of course to prevent their falling into the hands of foreigners. V. Klupfel, Fresidintf Officer. N. Tebenkof, V. Zavoiko, Members. I . J. 5 84 RUSSIAN CORRESPONDENCE RELATING TO No. 20. !*"■' i V il I: Letter from the Board of Administration of the Russian American Cotnpau}/ to (^aptain of the first rank and Knight Stepan Vassilie' ritvh VoiferodsJ,-y, Chief Manayer of the Ktissian American Colonics. Written from ISt. Pcterslntrg, June 5, 1857. In reply to your exci'lleiicy's desi)atcli No. 41, of March 9, concern- iiiji' tlu' sliipiiu'iit of furs to New York and Shanghai, the boanl of administration lias the honor to inform you that the annual demand for fur-seal skins in Knssia has now increased to 15,(M)0 dry skins, of A\hich "),(►(>(> are for the Kiakhta market; at this place only 2,()(K) beavers will be required. The remaining number of fur-seals, 12,(M)0 or more, principally salted (in which shape they are preferred), you will dispatch in the autumn to Messrs. Lobach & Sche])pler of New York innnediately after the arrival of the ship from the distri<'ts, with- out subjecting the skins to any kind of treatment at New Anrhangel, leaving them just as they are when they arrive from the districts, and in the same ])ackages. At the sanu' time the board of administration places upon the men in charge^ of sealing gangs the strictest injunctions to discontinue the killing of small gray seals, and in no case to ship them away from the Colonies, since they seriously interfere with profitable sales of fur- seals in Knssia and in foreign markets, where only the la? ^^er skins secure good x)nces. V. POLITKOVSKY, Presiding Officer. V. Klupfel, A. Etholin, M. Tebbnkof, Members. No. 27. li.-> Letter from the Chief Hfa,nager of the Russian American Colonies to the Board of Administration of the Russian American Company. Written from the Colonics, October 7, 1857. CONCERNING FUR-SEALS AND BEAVERS. J.M Referring to the dispatches of the board, Nos. 035 and 050, dried re- spectively June 5 and 10, ami received on the 7th of September of this year, I have the honor to report that the instructions contained therein in regard tt> fur-seals and beavers will be carried into effect at once. From the fur-seal skins on hand 10,000 have been i)acked and forwarded by the shij) Czarevitch to Kronstatlt; 5,000 skius will be put aside for shipment to Kiakhta by way of Ayan ; and the remainder, about 5,000 skins, not including grays, will be forwarded to New York, together with all the beaver skins which can be collected, except the 2,000 skins destined for Kiakhta. The fur seal skins require no working over in New Archangel, but when the fact is taken into consideration that they will have to stand the passage across the equator and the tropics twice, it will hardly be safe to send them to New York, as indicated in the dispatch of tht) board, in the same packages in which they are received from the vari- THE RUSSIAN AMERICAN COMPANY. 85 ons districts, i. c, in bundles of several tens of skins, bound by leather straps. A('Jer, the peoi)le at >Jew York were greatly pleased with th(^ Wiiy in which our skins were forwarded and packed, the same having been received in good order, and it is i)robable that it would be better to con- tinue packing in the same way, and, by way of experiment, to senaper rubles. In view of the above staleracticable, of the killing of small gray seals, tit only for oil and meat, as winter supplies, I find it necessary to request definite instructions from the board of administration as to the absolute suspension of such killing. Should, however, the board, in view^ of the above-stated circumstances, authorize the killing of gray seals in such quantities as may be neces- sary for the supplies of blubber and meat required by the natives and residents on the islan9. CONCEUNING FUE-SEALS. In acrordaiu'O with tlie iiistructioiia of the hoard of administration in disi)at«'h No. 007, datod .Time 5, 1.S58, and received on tlie lM of No- veraher, there were sent by tlie ship Kamchatka, in a4 skins which ha Kadiak to San Francisco, for transmission to Messrs. Lobach and Slieppler. In regard to the in(iu!/y of the board as to the number of fur- seals which might be taken annually in the Colonies without detri- ment to the preservation of the s]»ecies and to the rookeries, I have the honor to report that, acjcording to information received from the manager of the I'ribllof Islands, where the most important rook- eries are situated, and from the Commander Islands, the numbers of seals on all the rookeries have increased to such an extent as to render the space quite inadequate, and that it would be (luite possible to take from all the rookeries a total of 70,000 skins in one season, incluoiiig the grays, but that in order to take such (quantity, it would be necessary to increase the number of sealers on the Pribilof Islands, and the sup- ply of firewood for the drying of the skins. It may be positively stated that the taking of 70,000 skins each year for a long period to come, will not result in the imi)overislnuent of the rookeries. No. 29. Letter from Captain of the frst rank and Knight Iran Vassiliviteh Furuhelm, Chief Manaijer of the Eussian Ameriean Colouien, to the Board of Admin i,st rat ion of the RnHHian Ameriean Company . ^Yr^tten from the Colon ien, May 13, LSdO. I have the honor io submit to you herewith a list of the furs obtained during the [last year from the districts of the colonies, from wliii'h the board will learn the following: Kight hundred aiid ninety-two more sea-otters were killed than in the year 1858. There has not been so good a season since 1844, and the in- crease is contined to the Kadiak district, Unalaska, and Urupa. With reference to tlie sea-otter industry, the Kadiak ottice reports to me that pursuant t(> the arrangements made by my predecessor the. Cliugatch people living in the vicinity of the Kper Island, sea otters are increasing there, and I have issued the strictest orders to prevent their being <1isturbed. On Atka Island a ay, in 1858, the ivory was not found, the walrus rookery had been destroyed, and the storehouse burned. Who committed this robbery is not known, but a few pieces of pilot bread and other remnants of food, as well as an oar from a whaleboat and tracks of boots, point to the commission of the deed by whalers. This I have the honor to report to the board of administration. [Copy of letter of Kepin, luanajjer of tbe islaml of St. Paul, dated Juno 20, 1859, addresised to the Chief Mauagei.] Most Gracious Sir: I write to you to let you know that I received all your orders and instructions and also other instructions from the captain of the steamer. I see that you wish me to have killed on both islands not less than 00,000 fur seals of \arious grades. I would say to you, most gracious sir, that in my o])inion it would not be advisable to kill so large a number this year on St. Paul Island. The female seals came this year in May at the usual time after the " sekat(thes" had landed. Only a few had come ashore, when, with a strong northwest wind, the ice came from the north. It ch>sed around the islands and w^as kept there by the wind for thirteen days. The ice was nmch broken and was kept in motion by the sea. It is an actual fat't, most gracious sir, that tiie fenuiles could not reach the shore through the ice. Some of the Aleuts went out as far as it was safe to g:o on the larger pieces of ice, and they saw tln^ water full of seals. When the northwest gale ceased, the ice remained for nearly a week longer, being ground up in the heavy swell, and no females could land. A few " sekatches" tried to go out to sea, but did not succeed. 88 RUSSIAN COUUKSPONDKNCE UELATINO TO On tlio. 10th of June tln^ first fiMnnh's bojjan to land, but tlicy caiiTe slowly, and it was voiy latii wlu'ii the rookeries beji;:aH t:) till. Very few of tlie fenniles — no more than one out of twenty or twt'nty-tive — liad tu'ir young after tlu>y eame ashore. Nearly all must have lost them '•• the water, as for many weeks sinee the iee went away tlie l)odies ol youn}»' seals Imve been washed up by the sea in thousancls. This misfor- tune t must humbly report to vou. It was not the work of man, but of God. Your very humble servant, Ivan Kkpin, Manager of at. I'aul Island. No. m. 1 if: fi \i\ H;'| .,.1'i Letter from Captain of the frst rank ami Kniffht Iran Vas,siliriteh Fnrnlichn, Chief Manat/er of the Rnnsian American Colonies, to the board of administration of the Mussian American Company. Written from the Colonies, July 1(1, 1803. In reply to the communication addressed to my predecessor by the board of administration January 31st of this year, No. Ill, 1 have the honor to submit for your consideration the subjoined statement of the cost of preparing the dried and salted fur-seal skins : REQUIKED FOn THE DRYING OF SEALSKIXS. Rnblos. Wood for o.ach 1,000 skins, 2^ fathoms, iiiakiu}:^ the cost of each skin 2. 85 For tyiiif? the bniidleof 100 skins. 12 arshiu sea lion-hide straps (a nicdiniu-sized skin worth 40 kopek yiehls 10 arshin strajis), making for one skin 10 Total 2.05 Or 3.(X» To this we must add tlie pay of the Aleuts for each bachelor seal skin 75.00 Total 78.00 REQCIUED FOR THE SALTING OF SEAL SKINS. The casks contain an average of 73 skins, and cost 5 rnhles; the iron hoops and fastenin<>s weigh 17 pounds, costing Or. SOA'., a total of llr. HOk., mak- ing for 1 skin 16 For the prelinnnary salting on the islands 3A ponds of salt arc used for each skin; during the final salting in New Archangel, 8 jtonds of salt are added to each cask of 73 skins, making 1. 1 pouds for each skin, a total of 7.9 pouds of salt 79 For tying each skin 1^ zol. twiue 02^ For the we.ar and tear of coopers' instruments and material, approximately for each skin 01 Total 08 To this must be added the pay of the Aleuts for each batchclor fur-seal skin .75 Total rl.73 Concerning the inocesses employed in i)rei)aration according to both methods, I have the honor to report to the board of administr.ation. The dried fur-seal skins are prepared as follows: After separating the skin from the meat and carefully removing the blubber, the skin is stretched upon a frame, remaining thus until it is ftnally dried. After removing the skin from the frame it is folded twice lengthwise and THE lirsSIAN AMEHICAN COMPANY. 89 |)iH'k«'(l in bales i'ontiuiiinp; from ">(> to 100 skins, iicconliiij? to size, anil Ihiiilly tlic bales arc bound witli sca-Iion stra]KS. Tiie saltt'd fur-seal skins are tn'uted as follows, in acciordtiiuie with tlie instrui'tions of Mollison, inclosed iu a dispatch of the board of adnnnistration, No. SI, of Jainuiry 2.1, 1800. After tiie skins are removed and stripjjcd of meat or fat, they are strewn with salt and stacked in kenches. L.tu ", when the laborers havt'inore tinu' the skins are taken from thekeuchesand the inner side <>f each skin cover<'d with a thick layer of salt. Another skin is laid on top of this with its inner side down. Any protriuliii};' edyes of the skins are ai)t to spoil, bein;;'' removed from th«^ intlueiHte of the salt; consequently they are carefully doubled in and both skins t()f;ether rolled into a cylindrical shape. This rcdl is then lashed with strong seine twine. Finally the rolls are aj;ain tied toyi'ther in bundles of from live to ten. Thou}>h the labor of carrying the skins on the shoulders of men and women, the carryinji' of salt from the beach to the salt houses, and later the carrying of the heavy salted skins from the magazine to the beach to be loaded into bidaras for transmittal to tlu^ ship is very great, yet the lu'oeess of drying presents still greater ditti<*nlties on account of the constant fog and rain prevailing on the Pribilof Islands. It nuiy be positively stated that of the 2r),000 dri shall be dried and the remaining 45,000 salted according to the new directions in your possession. 12 \i:i- ,.,m •.*!■ ii'l •i^ ^■■ 90 THE RUSSIAN AMERICAN COMPANY. Th«> 70,001) skins now (H'dored to bu prepiirod yon mnst tnko only in rase no decrease in the numbers of tlie animals is observed, otln'rwise you nuist immediately advise me for the purpose of having the number reduced with a view to preserve fur seals for subsetiuent years. As these instructions will reach you late in the seasrvinj; employes. He will probably visit your island in the course of this year. As to N»). Mi. I thank you for yimr efforts in regard to the vaccina- tion of the inhabitants, and I reciuest that you will iu)t neglect the matter in future. In regard to your request for the admission of your son to the gen- eral colonial school of the Company at the Ctnnpany's expense, I have to inform you that this school is not fully organized for the I'cception of boarders, and I therefore advise you to place your son as a boarder with one of yinir sisters here who receive juMisions; ycmr son when residing at Sitka can attend the school on the same terms as the day pupils of the CiMupany. The brig ISheliko/ will carry to you a cargo of supplies which you will discharge, sending on tlie same vessel the accumulated furs as well as your reports. Besides this vc.;sel, you will be visited by the st«'amer Konntant in oil her return trip fn mi Nushagak; this vessel will bring you about 2,500 pounds of salt, and probably some h)g8. I have ordered skipper Archimandritof to proceed by this brig for an inspection of the island under yourcarej you are therefore diiected to comedy with all his reijuests. NOTICE ISSUED BY THE UNITED STATES GOVERNMENT IN 1845. nf No. 2017. ... X7NITED STATUS OF AMERICA. Depaitinont of State. To .all to whom tlit.e i>rest'nts shall coino, grcoting: I ccrtHy that a noticie, of which the annexed is a. copy, was, at the artmcnt of State to be afllxed. Done at the city of Washin;«ton this 1st day of August, A. D. 1S!)2, and of the In im .m i Pngrs. Lnws cnnctcfl liy roiiKrosa !»2-!M» Alt ion of till' ll'xiTiitivr !t<»-113 Uecisious of till! Unit ed (Stati's ("oiirts llS-121 LAWS ENACTED BY CONQRBSS. A rcHolntiou uiorc eflicimtly to in-otect tlic fur-seal in Alr.nka. Resoli'i'il by thv Sfnafcanil Ifonsf of Rt'itresentafircs of the J^iiifcd SfaU's nf America in CoiitircsN assonhled. That flu^ islaiuls of St. F'atil and St. lieoif'e ill Alaska ho, and tlioy are licrcby, dot'larcd a spe<'ial n'SiM'va- tion tor (rovorniiient piirjioses; and that, ii.itil otlicrwise i)rovid('d by law, it shall be nnlawt'ul for any person to land or remain on either of said islands, exeejit by the authority of tlie Seeretary of the Treasury; and any i)erson found on either of said islands, contrary to the provi- sions of this resolution, shall be sunnnarily removed ; and it shall be the duty of the Seeretary of War to carry this resolution immediately into eliec^t. Approved, March 3, 1SG9. An act to prevent tlio extermination of fnr-l>earing nnimals in Alaska. Be it enacted by the Senate and Houne of Representatives of the United States of America in Vonyrcss assemltted, That it shall be unlawful to kill any fur-seal ui)on the islands of Saint Paul and Saint George, lU' in the Avatcrs adjacent thereto, except durin}"' the months of June, July, Septeml>er and October in each year, and it shall be unlawful to kill such seals at any time by the ust^ of tire-arms, or use other nutans tend- ing to drive the seals away from said islands : Provided, That the natives of said islann conviction thereof, for such offence by a 92 LAWS ENACTfiD P.Y CONORESS. 93 tine of not less than two Iinndrod (lolhirs, nor more tlun on<> tkonsand dollars, or by iniiuisoiinient not «'x«'('«'risonni(>ntboth,at tiir discretion of the court havin;:, jurisdiction by takinji' cojynizance of the otiencc; and all vessels, their tackle, ap- jtarel, and furnitur*', whose crew shall be found enyayed in the violation of aiiv of the |u«»visions of this act sliall be forfeited t»» the I'nited States, 8Ef\ 3. And be it further enacted, that for the period of twenty years from and after the passing of this act the nund)er of fur seals which may be killed for their skins ui)on the island of Saint Paul is hereby limited and restricted to seventy-tive thousand per annum; and the inimber of fur-seals whi<*h may b(^ killed for their skins upon the island of Saint (ieorjie is heieby limited and restricted totwcnty livethousaiid per annum: I'rovidnl, That the Secretary of tlu' Treasury may restrict and limit the ri}»htof killinj; if it shall become ne<'essary toi' the pres<'r- vation of siu-h seals with suj-h propcu'tionatj' reduction of the rents re- served to the (lovernment as shall be rijiht anro- vided hen in for a vi bitants, the parties heretofore en - 8afte lessee or lessees of said islands a bond with suttieient securities in a sum not less than tive hnndred thonsand dollars conditioned for tlu^ faithful observance of all the laws and requiiements of ('ongress and of the regulations of the Secretary of the Treasury touching the sub- ject-matter of taking fur seal, and dis])osing of the same, and for the paymentof all taxes and dues according to the United States connected therewith, and in making said lease the Secretary of the Treasui-y shall have due regard to the lueservation of the seal fur trade of said islands and the comfort, nmintenanee, and education of the natives thereof. The said h'sses shall furnish to the several masters of vessels employed by them certitied C(>piesof the lease held by them respectively, which shall be presented to the CJovernment revenue officer for the time being who may bo in charge at the said islands as the authority of the party for landing and taking skins. Sec. 5. And be it further enacted, That at the expiration of said term of twenty years or on surrender or forfeiture of any lease, other leases nmy be made in manner aforesaid for other terms <)f twenty years; but no persons other than American citizens shall be permitted by lease or' otherwise, to occupy said islands or either of them, for the purpose of taking the skins t)f fur seals therefrom, nor shall any foreign vessel be engaged in ta':ing such skins, and the Secretary of the Treasury shall vacate and dechire any lease forfeited if the same be held or operated for the use, benetit, or ai'vantage, directly or indirectly, of any person or persons other than American citizens. Every lease shall contain a ■Mi m h- Whi''' 94 ACTION OF THE UNITED STATES. covenant on the part of tlie lessee that he will not keep, sell, fnrnish, }?ive, uv (lisp(>se of any distilled spirits or s|)irituous liqnois on either of said islands to any of tlie natives thereof, snch person not beinj; a j)iiy- sician and tiirnisliinji' tlie sanu; lor nse as medicine; andaii^jjcrsmi \y,1io shall kill any fnr seal on either of said islands, or in the waters adjacent thereto, withnnt authority' of the IcsstMvs thereof, and any person who shall molest, iiistnrb, or interfcn- with said lessees, or either of then), or their aji'ents or employes in the lawfnl prosecution of their business under tlie provisions of this act, shall be deemed guilty of a niisde- mean<)r, and shall for each ottense on convicticm thereot\ be punished in the sanK> way ami by like penalties as prescribed in the second section of this act. And all vessels, their tackle, apparel, appurtenances, and carji'o, whose crews shall be tbund engaj>e«l in any violation of either of the provisi(ms of this section, shall be forfeited to the United States; and if any ]>erson or company under any lease herein authorized, shall knowingly kill, or ])ermit to be killed, any number of seals exceeding the number for each island in this act prescribed, such i>erson or com- pany shall, in addition to the penalties and forfeitures aforesaid, also forfeit the whole nuniber of the skins of seals killed in that year, or, in case the same have been disjMtsed of, then said i)erson or company shall tbrfeit the value of the same, and it shall be the duty of any revenue olhcer otlieially acting as such on either of said islands to seize and de- stroy any distilled sjn'rits or spiritous liquors fimnd thereon: ProrUlvd, That such otheer shall nndvc detailed report of his doings to the collector of the jKirt. Seo. (!. Atid hcit /iirfher euacUd, T^iat the annual rental to be tp- served by said lease shall not be less than fifty thousaml dollars i)er annum; tq be secured by deposit of United States Iwrnds to that amount, and in addition thereto a revenue tax as a duty, of two dol- lars, is hereby laid u]>on each fur seal skin taken and ship])ed from said islands during the continuance of such lease, to be paid into the Treasury of the United States; and the Secretary of the Treasury i,s hereby empowered and authorized to nnike all needtiil rules and regu- lations for the collection and payment of the same, tor the comfort maintenan<'e, educaticui, ami protection of the nativ»'s of said islands, and also tor carrying into full effect all the provisions of this act: Provided fiirtlu-r, That the Secretary of the Treasury may terminate any lease given to any person, company, or cori»oration on full and satisfactory proof of the violation of any of the provisions of this act or the rules and regulations established by him : I'roridrd/iwtlH'r, That the Secretary of the Treasury is hereby authorized to deliver to the owners the fur-seal skins now stored on the island, on the payment of one dollar for each of said skins taken and shipped away by said owners. Sec. 7. And he it further enaeted, That the provisions of the seventh and eighth sections of "An act to extend the laws of the United States relating to customs, cirits may lie |irt!. l' of certain seal prohiliitcd. l!tt!L'. Limit to number of .seals, to be killed. lOGIi. Rijflit ti» take seal may be leased. Sec. l!)()t. l?ond. UMi"). Who miiy lease. 1!)()(!. ('Ovenants in lease. liltiT. Penally. liHIS. Penalty iiiion leases. liKilt. Tax n|Min seal .skins. 1970. Lease may be terminated. 1!)71. Lessees to furnish < ojues to ii..i8ters of their vessels. I!t72. Certain sections may be altered. l!t7H. Ajjents ;ind assistants to manaye se.'il tishcri«!s. 1!)7I. Their j.ay. etc. I!l7r). \ol to be int<'restt^(l in right to take se;ils. 197(>. A,uents may administer certain oaths and take testimony. Se(J. lt).")4. The laws of tlu! (Tnitcd States relating to ciistoins, eoni- nieree, and navigation, are extended to and over all tlu' niaiidand, islands, and waters of the territory coded to the United States by the Emperor of Kussia by treaty coneluded at Washington on thetliirtieth day of March, A. D. one thousand eight hundred and sixty-seven, so far as the same may be applicable thereto. Se(". \\)7)'). Tlie President shall have tlu' ]>ower to restrict and regu- late or to ])rohibit the imi)ortation and use of (irearms, ammunition, and distilled spirits into and within the Territory of Ala.ska; the ex- portation of the .same from any other i>ort or place iu the I'nited States, when destined to any port or phice iu that Territory, and all such arms, ammunition, and distilled spirits exported or attemi)ted to be exportecl from any port or jdace iu the United States and destined for such Ter- rftory iu violation of any regulations that may be pre.scribed under this section, and all such aims, anununituai, and distilled sj/irits landed or attempted to be landed or used at any i>ort or place in the Territ(U'y, in violation of smih regulations, shall be f(U'feited; and if the value ot the same exceeds four hundred dollars, the vessel upon which the same is found, or from which they have been landed, together with her tackle, apparel, and furniture, and caigo. shall be tbrfeited; and any person willfully violating such regulations shall be tined not more than live hundred dollars or imprisoned not more than six uu)nths. IJonds nniy be rexuired ferson to whom the same may be consigned. J ill Mil 0* m J' I'!' si t 'il'^r' 96 ACTION OF THE UNITED STATES. Se(". V.)rti]. No i)ei\soii shall kill any ottor, mink, marten, sable, oi' fnr seal, or otlier fnr-beariug animal, within the limits of Alaska Territory, or in the waters thereof; and every person }»nilty thereof shall, for each offense, be fined not less than two hnndred dollars nor more than one thonsand dollars, or imprisonment not more than six months, or both; {in keep and deliver the same to the marshal of some cme of snch <'ourts; and sxich courts shall have original jurisdiction, and may talvc cognizance of all eases arising under this act and the several laws hereby extener without regard to the provisions of the act above refei-red to; and upon the facts so to be ascertained he may exercise all the power of remission conferred ui)ou him by that act, as fully as he might have d be uidawful to kill any seal in the waters a(ljacent to the islands of Saint I'aul and Saint George, or on the betiidies, clitts, or rocks where they haul up from the sea to remain; and every i)ersou Avlio violates the provisions of tiiis or the preceding section shall be ]Minished for each otiense by a tine of not less than two hundred dollars nor more than one thousand dollars, or by imprisonment not more than six mouths, or by both su(!h line and imiuisonment; and all vessels, their tackle, ap|)arel, and furniture, whose crews are found engaged in the violation of either this or the preceding section, shall be forfeited to the United States. Sec. lOOli. For the period of twenty years from the first July, one tlnmsand eight huiulved and seventy, the number of fur seals which may be killed tor their skins upon the island of Saint Paul is linuteG3. When the lease heretofore made by the Secretary of the Treasury to "The Alaska Commercial Company" of the right to engage in taking fur seals on the islands of Saint Paul and Saint George, i)ur- suant to the act of the first July, chapter one hundred and eighty nine, or when any future similar lease expires, or is surrendered, forteit«Ml, or terminated, tlie Secretary shall lease to pro])er and responsible i)ar- ties, for the best advantage of the United States, having due regard to the interests of the Government, the native inhabitants, their comfort, maintenance, and education, as well as to the interests of the parties heretofore engaged in trade and the i)rotection of the fisheries, the right of taking fur seals on the islands herein named, and of sending a vessel or vessels to the islands for the skins of such seals, for the term of twenty years, at an annual rental of not less than fifty thousand «lol- lars, to be reserved in such lease and secured by a deposit of United States bonds to that amount; and every such lease shall be duly ex- ecuted in duplicate, and shall not be transferable. Sec. 19(54. The Secretary of the Treasury shall take from the lessees of such ishiiuls in all cases a boiul, with securities, in a sum not less than five hundred thousand dollars, ccmditioned for the faithful observ- ance of all the laws and requirements of Congress, and the regulations of the Secnetary of the Treasury touching the taking of fur seals, autl the disposing of the same, and for the payment of all taxes and dues acciuing to tlw United States connected therewith. Sec. 10G5. No persons other than American citizens shall be per- mitted, by IciU'e or otherwise, to occupy the islands of Saint Paul and Saint George, or either of them, for the purpose of taking the skins of fur seals therefrom, nor shall any foreign vessels be engaged in taking such skins; and the Secretary of the Treasury shall vacate and declare any le^se forfeited if the same be held or operated for the use, benefit la U^.: :i m fiflr /i Hip -ft*''' I.?.,:. li f 1 1 I4! ' if! J.f! '5C' liHi ■ . \, m m 98 ACTION OF THE UNITE1> STATES. or sidvantago, direijtly or indirectly, of any persons other tlian Ameri- can citizens. Se(!. 1960. Every lease shall contain a covenant on the part of the lessee that he will not keep, sell, furnish, give or dispose of any dis- tilled spirits or spirltous liquors on either of those islands to any of the natives thereof, such person not being a physician and furnishing the same for use as medicine; and every revenue officer, officially acting as such on either of the islands, shall sei/e and destroy any distilled or spirituous liijuors found therecm; but such officer shall make detailed reports of his doings in that matter to the collector of the ])ort. Sec. 1!)(»7. Every person who kills any fur seal on either of those islands, or in the waters adjacent thereto, without authority of the les- sees thereof, anloycd by them certified copies of the lease held by them respectively, which shall be presented to the Government revenue officer for the time being who may be in charge at the islands as the authority of the party for landing and taking skins. Sec. 1972. Congress may at any time hereafter alter, amend, or re- peal sections from nineteen hundred and sixty to nineteen hundred jind seventy-one, both inclusive of this chapter. Sec. 1973. The Secretary of the Treasury is authorized to appoint one agent and three assistant agents, who shall be charged with the management of the seal fisheries in Alaska, and the performance of such otin'r duties as may be assigned to them by the Secretary of the Treasury. Sec. 1974. The agent shall recteive the sum of ten dollars each day, one assistant agent the sum of eight dollars each day, and two assist m ACTION OF EXECUTIVE. 99 ant agents the sum of six dollars each day while so employed ; and they sliall also be allowed their necessary traveling expenses in jfoing to and return! Of*' from Alaska, for which expenses vomtliers siiall be presented to the proper accountiiiff orticers of the Treasury, and siu;li exp(Mises shall not exceed in the aggregate six hundred dollars each in any one year. Se(\ ll>75. Such agents shall never be interested, directly or indi- rectly, in any lease of the right to take seals, nor in any proceeds or profits thereof, either as owner, agent, partner, or otherwise. Sec. 1076. Such agents are empowered to administer oaths in all cases relating to the service of the United States, and to take testi- mony iu Alaska for the use of the Government in any matter concern- ing the public revenues. Cfiap. 64. — An act to ampiid the act entitled "An act to prevent tlie extermination of fur-bi'ariii}; animals in Alaska," approved .July first, eifihteen liundred and seventy. Be it enacted by the Senate and House of Repretien tat ires of the United States of America in Congress assembled, That the act entitled ''An a(;t to prevent the extermination of fur-bearing animals in Alaska," a])- I>roved July first, eighteen hundred and seventy, is hereby amended so iiH to authorize the Secretary of the Treasury, and he is hereby author- ized, to designate the mouths in which fur seals may Im^ taken for their skins on the islands of St. I'aul and St. George, iu Alaska, and in the waters aersons, and seize all vessels found to be, or to have been, engaged iu any vio- lation of the laws of the United States therein. Approved, March 2, 1889. ■fiii il action of the executive, certificate of authentication. United States of Amekica, Treasury Department, July 30, 1803. Pursuan*; to section 882 of the Revised Statutes \ hereby certify that the annexe*. i)apers are true copies of regulations and instructions issued and letters written by this Department relative to the Territory of Alaska.. 100 ACTION OF THE UNITED STATES. Tn witness wliercof I have lieremito set my luind aiul caused tlio seal of the Treasury Department to be affixed, on the day and year first above written. [SEAL.J Charles Foster, Secretary of the Treasury. ft i- 9i- 'i lie J ' lii i i i w Regulations isHued by the United States Treasury Department relative to the Pribilof Islands. Treasury Department, February 8, 1870. The attention of collectors and other officers of tlie customs is di- rected to the following Executive order: Executive Maxsiox, Washington, D. C, February 4, 1S70. Undor and in pnrsu.ance of the antliority vested in me by the piovisions of tlic sec- ond seitioii of the act of C'on<rs of customs are hereby instructed to refuse clearance to all vessels having on board distilled spirits foi- ])orts, i)laces, or islands within the territory and collection district of Alaska. Vessels clearing for any port or place intending to touch, trade, or pass within the waters of Alaska, witli distilled spirits or firearms and ammunition on boanl, will be required to execute and deliver to the collector of customs, at the port of clearance, a good aiul sufficient bond in double the value of the articles so laden, conditiimed that said spiiits, or any part thereof, shall not be landeon [)roduction of a ctM-tificate to that t»flect from the collector of the port where it so landed. Approved. CilAS. F. CONANT, Acting Secretary. t-i Treasury Department, Wanhington, />. C, April 21, /•'*~'>. Section 195(5 of the Revised Statutes of the United States ])ro\ ides that no person shall, witlumt the consent of the Secretary of the Treas- ury, kill any otter, mink, marten, sable, or fur seal, or other fur-bearing animal within the limits of Alaska Territory, or in the waters thereof^ and that any person convicted of a violation of that section sliall, for 102 ACTION OP THE UNITED STATES. eaursuanee of their lease. The use of lirearms by the na- tives in killing otter during the months of May, June, July, August, and September is herel)y prohibited. No vessel will be allowed to anchor in the well known otterkilHng grounds, except those which may carry ])arties of natives to or from such killing grounds; and it will be the duty of the ottieers of the United States, who may be in that local- ity, to take all pro])er measui-es to enforce all the pains and penalties of the law against pers, by which the Territory of Alaska was ceded to the United States, defines the boundary of the Territory so ceded. This treaty is found on pages 071 to 073 of the volume of treaties of the Revised Stat- utes. It will be seen tiierefrom that the limit of the cession extends from a line starting from the Arctic Ocean and running thrcmgh Bering Strait to the north of St. Lawrence Islands. The line runs thence in a southwesterly direction, so as to passmiiENT, March n, If^Sd. Sir: I transmit herewith lor your iul'oriiiiitioii a rojiy of a letter ad- dressed by the DeiKirtineiit on tliel2tli IVIareh, 1.S.Sl,to I). A.D'Aiu'ona, coiieeriiing the Jurisdicti«ni of the United States in the waters of the Territory of Alaslva and the ju'^vention of tiie liillinjj of fur-seals and other fur-bearing animals witliin such areas as prescribed by (Jliapter .'i, Tith' 23, of the Revised Statutes. Tlie attention of your predecessor in »)ftice was called to this subject on the 4tli April, I8S1. This coni- uuinicatiou is addressed to you inasmuch as it is understood that cer- tain jxirties at your port <'ontemi>late the tittinji' out of expeditions to kill lur-seals in these waters. You are reipu'sted to };ivtuliu^ i»ublicity to such letters in order that sm-h i>arties may bi^ informed of the con- struction jdaced by this Department u^ion the provisirH ol" seals roiijir«'<;at(', in on\vv to keep oH' marauders and jnevent the un- lawtul killin;>' of seals. On shiinnont of the skins from tlic seal ishinds a ('ertifieate, si}>ned by tli(> Treasury aj>ent and by the captain of tlie vessel, of the number of skins hulen on board will be made out in dupli- <'ate, one copy to bej>'iven to the captain and one to be retained by the agent. The <'ai)tain will, on arrival, deliver his copy to the collector of customs at Sau Francisco. Tlu' skins will be then counted by oflicers detailed by the collector for that purpose, and a record of each day's count made. Ten:porary payment of tax will be accepted on the count of skins at San Francisco, and a rei)ort will, ujum payment of such tax, be made by the collector of the Ticasury, showing the number of skins embraced in the certiticate ]>iesentcd by the captain, the number ascer- tained by the San Francisco count, and the sum paid as tax. Should any considerable variance be slniwn by these reports between the count of the skins made at the islands and that made at San Francisco the Department Avill take such action in regard thereto as the facts may ap- peal- to demand. These regulations are in force to-day, except as modified by the lease of 1890 and the modus viveniH of 181H and 1892. In the summer of 18I>1 instrucitions wei'c given to the Treasury agents stationed on the rribih>f Islands to prohibit in future all killing of puj)- s^als for food, or for any other purposes. certir-icate of authentication. United States of America, Treasury Department, July 30, 1802. Pursuant to section 882 of the lievised Statutes, I hereby certify that the annexed i)ai)ers are true copies of the contracts made by the Secre- tary of the Treasury with The Alaska Commercial Company in 1870, and with The North American Coinmercial Company in 1890 relative to sealing rights in the Pribilof Islands. In witness whereof, I have hereunto s(^t my hand, and caused the seal of the Treasury Dei)artuient to be attixed, on the day and year first above written. [SEAL.] Charles Foster, /Secretary of the Treasury. Lease of sealing rights on the Pribilof Islands to The AlasJca Commercial (jompany in 1870. CONTKACT BETWEEN WILLIAM A, RICIIAHDSON, ACTING SfECRKTAHY OF THE TREAS- UUY, AND THE ALASKA COMMEUCIAL COMPANY. Thisindenture,induplicate, made this3d day of August, A. D. 1870, by and between William A. Kiclumlson, Acting Secretary of the Treasury, in pursuance of an act of Congress approved July 1st, 1870, entitled "An act to prevent the extermination of fur-bearing animals in Alaska," and The Alaska Conmiercial Company, a corporation duly established under the laws of the State of California, acting by John F, Miller, its presi- \ ACTION OF EXECUTIVE. 105 dent arid aj^cnt, in accordance with ii resolution of .saif, the sum of !ifijr),000 into tlie Treasury of tlu^ United States, in accordance with the regulations of the Secretary, to be made for this jturpose under said act, which |>ayment shall be secured by deposit of United States bonds to that auumiit; and also coveimnt and agret^ to pay annually into the Treasury of the United States, under vSaid rules and rej»ulations, a rcvi^- nuetaxorduty of $2iipon each fur-seal skin taken audshipped bythem in acctmlaiice with the provisions of the act aforesaid; and also the sum of 62^ cents for each fur-seal skin taken and shi])ped and 55cent8per}iallon for each gallon of oil obtained from said seals for sale on said islands or elsewhere ami sold by raid company. And also covemint and agree, in accordance with said rules and regulations, fo fiirnisli free of charge the inhabitants of the islands of St. T'aul and St. George, annually during said term, 25,000 dried salm(Mi, (50 cords firewood, a sufficient (juantity of salt, and a sutiicieut number of barrels for preserving the neci'ssary su|>i)ly of nu^at. And the said lessees also hereby covenant and agree during the term aforesaid, to maintain a school on each island, in accordance with said rules and regulations, and suitable for the education of the natives of said islands, for a jieriod of not less than eight months in each year. And the said lessees further *!ovenant and agree not to kill ujwn said island of St. Paul more than 75,000 fur-seals, ami upon the island ot St. George not more than 25,000 fvu'-seals per annum; not to kill any i'ur-seal upon the Islands aforesaid in any other month except the months of June, July, September, and October of each year; not to kill such seals at anytime by the use of firearms or other means tending to drive the seals from said islands; not to kill any female seal or any seal less than one year old; not to kill any seal in the waters adjacent to said islands or on the beaches, difts, or rocks where they haul up from the sea to remain. And the said lessees further covenant and agree to abide by any re- striction or limitation upon the right to kill seals under this lease that the act prescribes or that the Secretary of the Treasury shall judge necessary for the preseivation of such seals. And the said lessees hereby agree that they will not in any Avay sell, transfer, or assign this lease, and that any transfer, sale, or assign- ment of the same shall be void and of no effect. And the said lessees further covenant and agree to furnish to the sev- eral masters of the vessels employed by them certified copies of this lease, to be presented to the Government revenue officers, for the time being in charge of said islands, as the authority of said lessees for the laud- ing and taking said skins. And the said lessees further covenant and agree that they or their agents shall not keep, sell, furnish, give, or dispose of any distilled spii'its or spirituous li«j[uors on either of said islands to any of the 14 m i m IOC ACTION OF THE UNITIM) 8TATi:<<. niitivt's tlnTPof, such imtsoii not beiiiK u pliyHicimi furnisliinjj Mio sanio lor us*' iis nu'dicinr. And tlu' said lessees further <'oveiiiint iind a^ree that this lease is ue(;e|>ted subject to all iieedt'ul rules and regulations which Hhall at any time or times hereafter lie made by the Secretary of the Treasury for the 'ulations. And the said lessj'cs, accepting this lease with the full knowledge of the provisions of the atbresaid a<*t of Congress, further covenant and agree that they will fulHIl all the provisions, requirements, and lindta- tions of said act, whether lu'rein spccitically s»^t out or not. In witness wheieof the parties aforesaid have hereunto set their liauds and seals the day and y«'ai' above written. William A. KMciiAnDSON, Actiiif) Strn'tury of the Treasury. Alaska ('()>imer2i apiece f(n- each and every fur-seal skin taken and shipped from said islands; and also to pay the sum of 50 cents per gallon for each gallon of oil sohl by it made from seals, that nmy be taken on said is- lainls during the said i»eriod of twenty years; and to secure thepnmipt l>ayment, of the .f()0,000 rental al)Ove n^ferred to, the said company agrees to deposit with the Secretary of the Treasury bonds of the ACTION Of EXKCUTIVFJ. 107 TTnite*! 8tiit««s fo tlie amount of iJ;j(M>0(>, (mcc viiliu' to 1m^ IicM ns a {••iiiiriinti'c for tlio annual paynuMit of said ijU»(»,(M)(» rental, tiic interest tliereon when due to he colleitted and paid to The Noitli Anieiiean t'nin- niereial ('onipany, provided tliesaid eonipany is not iu default of pay- ment of any part of the said )S()0,(MM> rental. That it will furnisli to the native inhabitants of said islnnds of St. (■eiM'j^eand St. I'aul annually sucli (|uantity or number of dried sid- moii, and such (puintity of salt and such number of salt barrels for pre- seiviiifi' their necessary supi)ly of nu'at as the Secretary of the Treas- ury shall from time to tim*' determine. That it will also furnish to tht^ said inhabitants 80 tons of eoal an- nually and a suftieient nuudjer of eomfortable dwellinjis in whi' eiyht months of each year proper schools for tlie i'duention of the children on said islands, the same to bt^ tau^^ht by c(unpet(>nt t<>aehers, who shall be ]>aid by the (Company a fair compensation, all to the satis faction of the Se(!retary of the Treasury; and wdl also pntvide and maintain a suitabhi house for religious w<»rship; and will also provide a competent physician provide the necessaries of life for the widows and orphans and a}>'ed and inlirm inhabitants of said ishnuls who are unable to provide foi- themselves; all of wlii<'li foreji'oinfi' agreements will be done and performed by the said Company free of all costs aiul ay therefor a fair an'> :to ' I6K 10 685 4 . . .do do 55 10 167 40 402 2, 067 " (I 1887. VESSELS SEIZED BY REVENUE STEAMER BEAR, CAPT. M. A. HE ALY, COMMANDING. 1 Aug. 25 Aug. 25 Sept. 2 Total. American Britisli Schooner . ....do AUie J. Algar 54 05 54 UO 54 12 106 42 100 20 106 5;t 1956 1956 1956, 1901 1,594 a Ada 1 H70 H American . ..do .... Sylvia Handy 1 079 1 .">, 149 1887. (Continued,.) VESSELS SEIZED WV REVENUE STEAMER RUSH, CAPT. L. G. SHEPARD, COM- MANDING. 1 2 3 4 5 6 7 8 9 10 11 12 Juno 30 July 2 .July 9 July 12 July 16 July 17 Aug. 6 A.ug. 6 Aug. 6 Aug. 8 Aug. 8 Aug. 18 Total. American Schooner .' Ch.aUengo . I ! British i Steam i Anna Beck schooneri .do ' Schooner . j .do American. British . . . Amerii^an. British ... American. ...do ...do ...do S t e a ui j scliooner, Sclioor.er . S t e a tn I schooner Sclimmur . ...do I W. P. Siiy ward. Dolphin Lillio L. Grace... Ellen - . Alfred .do ! Annie . Adams . . .do Steam schooner Schooner Alpha Kate and Annie San Jose Akout an I s - lanil. 54 58 167 20 54 5:t 54 118 55 46 55 o;i 54 19 54 42 55 05 50 55 57 07 54 14 107 51J 167 03 170 38 108 40 100 .56 167 20 107 19 109 40 109 51 167 28 1961 1956 1956 1955,1950 1901, 19.50 1955, 1950 19.56, 1961 19,55. 1950 1955. 1950, 1901 1950, 1901 1950,1901 1950, 1901 151 336 477 018 197 7li9 195 1.379 304 389 577 891 0, 726 1889. VESSELS SEIZED BY THE UNITED STATES REVENUE STEAMER RICHARD RUSH, CAPT. L. G. SHEPARD, COMMANDING. July 11 Julv 15 July 29 July 30 July 31 Aug. 6 Total. British ...do ...do , United States. British ...do Scliooner . *Bla<^k Dianumd .50 22 ' 170 25 ...do Minnie .55 11 105,55 ...do PiithHniler ! .57 24 171 .55 — do i .laiiu's (i. Swan 55 44 171 4 ...do ' Juanita .5542 17040 ...do i *Lily ,50 29 160 15 19.50 19.56 1956 19.50 19.56 1956 76 418 853 171 619 333 2, 470 ♦Partly owned by American citizens. m 'v, ■> 4:!l 110 ACTION OF THE UNITED STATES. Treasury Department, Office of the Secretary, Washington, D. C, July 15, 1892. The honorable the Secretary of State : Sir: In reply to your request therefor I have the honor to state that the records (>f this JJepartnient afford the following information in rela- tion to the servicje of the Keveuue Cutters in Alaskan waters since that Territory was ceded to the United States. Pearly in June, ISOT, before the formal transfer of the Territory was made by the Itussian (iovernnjent to the United States, the revenue steamer Lincoln was ordered to Alaska and sailed in July. She was in immediate command of Capt. J. W. White, while Capt. W. A. How- ard, also of the Ke venue-Cutter Service, had general charge of the expe- dition. His instructions contemplated the secxiring of information which would aid in the proper protection of the revenues and the interests of the (jovernmeut when the Territory became a part of the United States. The records fail to show the date on which the Lincoln re- turned to San Francisco, but it was prior to November 1st of that year. March 20, 18GtS, Capt. ef. W. WJiite, then in commaJid of the revenue steamer Wayanda, was ordered with his command on a cruise to Alaska ''for the protection of those interests especially confided, to your care as an oliicer of the Kevenue-Mariue Service by the laws of the United States and the regulations of this Department." The Wayantla sailed from San Francisco Ajnil 18, 18G8. During the season this vessel visited the islands of St. Paul and St. George for the purpose of preventing the killing of fur-bearing animals and returned to San Francisco November G, 18G8. Early in 18G9 Lieuts. Robert Henderson and W. B. Barnes, of the Revenue-Cutter Service, were ordered to the Pribilof Islands to prevent illicit traffic and the violation of the revenue laws with particular ref- erence to the act of July 27, 18G8, section G, for' Iding the killing ot fur seals. On the same date, February G, 18G9, Capt. J. A. Henriques was or- dered with the Wayanda into Alaskan waters from San Francisco. This order was modified on the 23d of February so as to place him in com- mand of the Lincoln instead of the M'^ayanda. His orders were sub- stantially the same as those to Captain White of the previous year, and. the cruise covered the same ground. During tlds season the revenue cutter Reliance, under command of Capt. James M. Selden, was stationed at Sitka. Under date of March 31, 1870, Capt. James M. Selden was direi'ted to cruise with tlie Reliance from Sitka to Unalaska, the seal islands, Norton and Kotzebue sounds. On the 18th of Ai)ril following the collector of customs at Sitka was instructed to direct Captain Selden to be particular to note vessels in the vicinity of the seal islands, and "those seized, giving names, dates, lixidjlag and specifications of seizure." May 25 of the vsanu^ year the commanding officer of the revenue steamer Lincoln, Capt. C. M. Scanimon, was ordered with his command on a cruise to the Aleutian Islands, Bering Sea, and the islands of St. George and St. Paul, with instructions to "protect the interests of the Government in those waters." During the years 1871 and 1872 the Revenue Cutter Reliance, under the command of Capt. J. A. Webster, jr., was stationed at Sitka, and ACTION OF EXECUTIVE. Ill (luring each season crnined as far to the westward as TJnalaska and vicinity. In 1873 and 1(S74 the same cutter was under the command ofCapt. J. Vt. Baker, and during the sumnu'r seasons lier station was Sitl^a. From this port she made voyages to tlu^ westward to Unalaska and vicinity, visiting the islands of St. Mattliews, St. Lawrence, Univak, and St. Midiaels. On the 5tli of May, 1875, Capt. C M. Scaminon, commanding the Kevenue Cutter Wolcott, wan ordered nortli to reixut to the ct. M- A. Ilealv .. I88!» Klish i ('HI)t. I,, (i. SiH'pa'ld . 188!t ! Bear \ Capt. M. A. Ilealv .. 18!)0 do clo 18!l(l ; Kiisli 18!»II. 18m. 18111. 1801. 18H2. ]8i)2. 1802. 1802. Corwiii KiiNh . . Bear ... (Jorwin . ..do.... AlbatroBH. Uimii . ('apt. W. C. Coiilsoii. ("a|>t. (". L. Hooper.. (Jn])t. W. (/". (.'(lulso;. Capt. .M. A. Healy .. Capt. ('. L. Hooper .. do Lieut. (Jloimnaiider Z. L. Tanner, ("aiit. W. (J. ('(iiilmm Hoar I Capt.M. A. Healy. Apr. .Apr. •Tune Apr. A UK. .lulv Mav Apr. Apr. Mav .Apr. Mav Mav .In.e Mav May Mav Mi.y May Au'k. Mav May June Mar. Ular. ^Apr. Ajtr. Apr. 211 28 21 Ht 21 1!)* 15 II 18 18 28 21 1(1 28 20 Hi 211 :ii 21 22 Ig 9 2.-> in !9 19> ■26^ •26 20 Date of return. Nov. (let. ( >et. Oet. Oet. \ov. Xov. Oet. Oct. Oet. Sept. Oet. Oet. Oet. Oet. Sept. Oet. Oct. Nov. Oet. Oet. r)e<. Dec. Oct. * Sailed. Respectfully yours, 7 27 211 14 21 1 1.') 8 5 12 22 21 1 8 o 6 ;i 31 JO 15 ;) 15 19 10 CnARLES Foster, Secretary. yq ! I II :-"» u 112 ACTION OP THE UNITED STATES. : No. 2015. United States of America, depaktment of state. To all whom these presents shall come, greeti.ig: 1 certify that a luoclauuition, of which the annexed is a true copy, was issued by the President of the United States in the year 1889, and that a l)rochiination of siniihir purport was issued by him in each of tlie fol- lowing years, to wit: 18iM), 1891, and 1892. In testimony whereof I, Jolin W. Foster, Secretary of State of the United States, have lu'reunto subscribed my name and caused the seal of the Department of State to be affixed. Done at the city of Washington, this .'iOth day of July, A. D. 1892, and of the Independence of the United States of America the one hun- dred and seventeenth. [SEAL.J John W. Foster. \mt\ BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A Proclamation. The foUowinj? provisions of the laws of the United States are hereby published for the information of all concerned : Section 195G, Kevised Statutes, chapter 3, title 23, enacts that " Xo person shall kill any otter, mink, marten, sable, or fur seal, or other fur- bearing animal within the limits of Alaska Territory, or in the waters thereof; and every person guilty thereof shall, for each offense, be fined not less than two hundred nor more than one thousand dollars, or im- prisoned not more than six months, or both, and all vessels, their tackle, apparel, furniture and cargo, f<#und engaged in violation of this section shall be forfeited, but the Secretary of the Treasiiry shall have power to authorize the killing of any such mink, marten, sable, or other fur- bearing animal, except fur seals, under such regulations as he nniy i)re- scribe, and it shall be the duty of the Secretary to i)revent the killing of any fur seal, and to provide for the execution of the provisions of this section until it is otherwise provided by law, nor shall he grant any special privileges under this section." * * * * * * * Section 3 of the act entitled " An act to provide for the protection of the salmon fisheries of Alaska," ai»proved March 2, 1889, provides that: Skc. .3. That section 19.")6 of the Hevisort StiitiiteH of tlie Tnitecl States is hereby de" ( liiied to include and apply to all the donnninn of the United Statt^s in the waters of HehriiiK Sea, and it shall he the duty of the President at a timely season in each year, to issue his ]iroelaination, and cause the same to he published for one month at least in one ne\v«pa|)er (if any such there be) ])ublished at each United States p<»rt ofuntry on the Pacific- coast, warniufj; all persons aj^aiust enterinj; such waters for the piir- ]M>se of violatini; the jtrovisious of sairovided, and that all vessels so employed, th*':r tackle, apparel, furniture, and cargoes will be seized and forfeited. In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington, this twenty-first day of M.irch, one thousand eight hundred and eighty nine, and of the Imlependence of the United States the one hundred and thirteenth. [SKAL.] Benjamin Uakkison. By the Presidmit, James G. Blaine, Secretary of State. \l M' t| ^11 II 'II decisions of the united states courts. United States vs. Gutormson and Nokman. |!l|^ [Disiict court, Alaska.] (Miarge to the Jury delivered in 1880 defining the rights and Jurisdi<'- tion of the United States to Bering Sea, and explaining the law in relation to the destruction of fur-bearing animals. Dawson, J. Gentlemen of the Jury: You are called upon to determine or rather to find the fa<'ts in a controversy of unusual importance. The information i)referred and filed by the district attorney, based u])on the affidavit of the comnuinder of the United States revenue-cut- ter Coniin, charges the defendants with having killed a certain number of seals and other fur-bearing animals, and api)ropriating the skins of such animals, in the waters of Alaska, contrary to the provisions of section 1950 of the Revised Statutes. It is the duty of the (;ourt to in- struct f he jury as to the law applicable to the facts of this case as devel- oi)ed by the eviden<'e, and it is your duty as jurors acting under the solemn obligation of an oath, and as one of the instrumentalities desig- nated by the law to aid in its enforcement, to obey, and in your delib- erations observe the instructions given you by tlie court. For the purpose of aiding yToup in the North P.acific Ocean, to tlie meridian of one hundred and ninety-three degrees west longitude, so as to include in the territ/ i-y conveyed the whole of the Aleutian Islands cast of the meridian." All the waters within the boundary set forth in this treaty to the western en' fur seals on the islands of St. George and St. Paul within the Territory of Alaska, and that public law implies an oblifiati**!! upon the United States to protect its lessees in the iegiti- niate use of the franchise conferred in said lease, and the capture of the defeiulants with the vessels under their charge and control in the waters and within the boundary lines set forth in this charge was law- ful, and that it was lawful for the Secretaiy of the Treasury t<» dire(*t and order the seizure of such vessels, their masters, mates, anr. W. l". Drake, upon the part of tlie IJritish owners, and Mr. A. K. Uelaney upon the part of the United States, was filed, in wliich it was agreed and coneeded that the inas.ers of the vessels named were takiii{; fur seals in that portion of Bering Sea whiarated by the sea; also to ft's History of Alaska, p. 5i.) During this expedition Bering saile, by which the right of fishing, hunting and trading was eonlerrcil upon what was designated tlie "JJussian American (Company." In the ukase of that date IJussia asserted a distinct claim, by right of discov- ery, to the western part of Anieri<'a, bi'ginning from the (ifty tilth de- gree of north latitude, and of the chain of islands extending from Kaint<;hatkato the north to America and southward to Japan. Author- ity was also given to the company to have exclusive use of all hunting grounds aiul establishments then existing on the northeastern (west- ern) coast of America, from the (ifty-lilth degree of ninth latitude to IJering Straits, and also on the Aleutian, Kurile, and other islaiuls sit- uate4° 40' north latitude, and was essentially landlocked by Russian territory. Now, in relaticm to this question of title acipiired by discovery, our own court of last resort has held, in the case of Johnson r. M<'lntosh (8 Whe.at., 572), Marsliall, 0. J., delivering the opinion, that, " On the discovery of this immense continent the great nations of Kuroi)e were eager to appropriate to themselves so much of it as they (-ouhl ac- quire. * * • But as they were all in pursuit of nearly the sanu' ob- ject, it was necessary, in order to avoid conflicting settlements and subsequent war with each other, to establish a princiide which all should acknowledge as the law by which th<' right of ac(iuisition which they all asserted, should be regulated as between themselves. This principle was, that the discovery gave title to the (lovernment l)y whose subjects, or by whose autliority it was made, against all other European governments, which title might be consummated by posses- sion. The exclusion of all other Europeans necessarily gave to the nation making the discovery the sole right of accjuiring the soil from the natives, and establishing settlements upon it. It was a right with which no Europeaii could interfere. It was a right which all asserted for themselves, and to the assertion of which by others all assented." * * * (See Wharton's Digest International Law, Vol. I, § 2.) Chancellor Kent says: "All that can be reasoind)ly asserted is, that the dominion of the sovereign of the shore over the «!ontiguous sea extends as far as is requisite for his safety and for some lawful end." (First Kent's Commentaries, ]». 28.) Vattel says: "A nation may appropriate to herself those things of which the free and common use wouhl be prejudicial or ' or denying' a fact in winch he has with a fall knowlcd};'e lon^ acqiiies<'ed (Stei>hens' Plead., L'.'{!>; see Vattel on the Law of Nations, § L'S«» and § 294). Applying this rnle the con«'lusion can not bet'scajied that in consecpienco of the ac(|niesccnce of, which was to «'xist ten yeais, (Jieat Britain and her Dominion (Jovernment, of which British Colnnibia is a i)art, are estop])ed from any claim of right or privilege of taking fnr-bearing animals in B<*ring Sea east of the line mentioned as our western bonndary in the treaty, and which is recognized as the line dividing the continents of Asia and North Americji. The western bonndary line of the United States as agreed upon by the United States and Kiissia in the treaty of March, 1807, is as fol- l<)ws: The western limit within whi»'h theterrit(n'iesand «lominion conveyed are cf one hundred and ninety-three degrees west longitude, so as to include in the territory conveyed the whole of the Aleutian Islands east of that meridian. (See Public Treaties, j). 672.) The ccmrts have the same right and power when called upon to inter- pret a public treaty to derive aid from contemporaneous interpretation, and by ascertaining the intention of those whose duty it is, under the Constitution, to make treaties as they have in the interpretation of any other law. What then was the object in jmrchasing Alaska? Mani- festly to extend our northwest boundary line so as to include the whole group of the Aleutian Islands. Senator Sumner, who was chairman of the (Jommittee on Foreign Af- fairs in the Senate of the United States at the time of the Alaska pur- chase, and after the boundary line had been agreed upon, defined it as follows: "Starting from the Frozen Ocean the western botindary descends Bering Straits midway between the two islands of Krusenstern and Katmanoff, to the parallel of iiit^ .'iO', Just below where the (!ontinents of America and Asia approach each other the nean'st; and from this point it proceeds in a course nearly southwest through Bering Straits, midway between the ishunl of St. Lawrence and Cape Choukotski, to the meridian of X72° west longitude, and thence in a southwesterly III , I w 120 ACTION OF Till', I'MTKh STATKS. I'-v^v !t''% dircftioii. travci'siiij'' I'.crinji' Sea midway lH'tw«'«'ii tlir ishind of Att«ni on the cast and ('oppcr Island on the \v(>st, to the meridian of lt)>'P west lonjfitndo, lea\ in<>' tiie pi'olon^'«>d };ron|>ot' the Alentian Islanils in the itossessions now tiansfened to th»' I'nited States, and makin;; the irfntfiii hninithirii of ntir roiiiitri/ tlir iliriiliiifi line whieh sepaiates Asia IVom Ann'riea. In the AltMitian ran^e, besides innnnutrsible islets and rociis, tlieie are not h'ss than lift.v-llve islands exeeedinj; .'i miles in length; there are seven i'xeeedin};' K> mih's, with OnnimaU, whieh is the laiji'est, exeeedin;-' 7.'» miles. /// our pttrt of lUrhi;/ Sett there are tive eonsideraWIe islands, the huj^est of whi(!h is St. Lji\vrem*e, In^in;; more than !K> miles lonj;." (See l-^x. Doe. No. 177, Fortieth ('onjjress, seeond session, p. llio.) Indieatinj^' nuist elejirly what was the nnder- standinj,' in the United States Senate at the tinie as to onr western bonndary. Snbdivisiim 11 of section 2 of the Constitution in deliidn}; the powiM'« of the President, says: •• lie shall have power, by and with thea«lviee and eonsent of the Senate, to make treaties, provided two-thirdsof the Senators i)resent conenr." * # # .ludfje Story, in eonsideriii};' this j-lause of the Constitution, vsays: "It will be observed from this that the power to make treaties is by the Constilutnm general, and, of course, it embraces all sorts of treaties for jieace or war, Ibr comnn'uee or territory." * * # ^S(^.(i, story on the C(»nstitution, ^ir>(KS, and authorities there cited.) It is aryued that this (|uestion belonj;s to the political department of the (lovernment and (hat it shotd»l be there adjusted, but this position is, 1 think, wholly untenable, at h'ast at this staye of the controversy. The s«H'ond clause of the sixth article of the Constitution declares that: "This Constitution and the laws of the Cniti'd States, which shall be made in i)ursinine(i tlu'n'of, and all treaties made, or which shall be made, under the authority of the United States, shall be the suju'eme law of the land. And tin- Jinlji'es in every State shall be lM>und thereV)y, anytliinj«' in the constitution or laws of any State to the eon travy notwithstaudinj;." fludfi'e Story, in commentinj;' on this section, forcibly says: " The jn'o- priety of this clause would seem to result from the very nature of the Constitution. If it was to establish a national government, that {^ov ernment ought, to the ext«'iit of its powers and rijuhts, to Ik; suju'enic. It would be a solei-ism to atlirm that a national jjovernnu'iit should ex- ist with certain powers, and yet that in the exercise of those powers it should not be suprenu». "In reg'ard to treaties, there iseipial reason why they should be held ■when made to be the suprenu' law of the land. It is to be consiassin;i; th>*)Hij;;h that phiueand some assumed nu'iidian to wliich all others arc rctcrred. Ditlerenr nations have adopted ditl'erent nieri«lians. The Knj;lish reckon frcun tlie Koyal Ohst-rvatory at (Jrecu- wich; llic I'veiKli from the Imperial Observatory at Paris, and the (iernmns fruiu the observatory at Berlin, or from the island of Kerro. In the I'liitcd States we s«unetinu;s recktui huigitude from Washinj^ton and sonu'times from (lieenwich. (8ei> lioomis' Klements of Astronomy.) Kilt in establishing; the western boundary line of Alaska the reckoning of longitude was from (Ireenwicii, which reaelu's the line dividing the continents of Asia and North America. (See article 1 of the Treaty of March, l.StiT.) The purchase of Alaska was unquestionably made with a view to the revenues to be ekly Federal Reporter of April lU, p. 112. See also The Louisa Sim])S(Mi, 2 Sawyer.) The conclusion 1 have reached is that the demurrer must be overruled, and it is so ordered; and that Judgment of forfeiture to the United States be entered agiiinst each of the vessels separately, together with their tackle, apparel, furniture, and cargoes, saving to the masters and mates their private jn-operty, such as nautical instruments and the like, and that a stay of proceedings for ninety days be granted as per stijm- latiou tiled. It *: ■.-..^ United States vs. Schooner James G. Swan, etc. [Uuitcd States IJistriet Court, District of Wasliingtoii, Nortlieru Division.] OPINION FILEU MARCH 26, 1892. HANFORD, J. Fur-seals in great numbers habitually make annmil visits to the Pri- bilof Islamls, in Bering Sea, attbrding to the native inhabitants their Iti 122 ACTION OF THE UNITKD STATES. hi, means of living. Tlie Hesli of the siniiniils being their principal article of f;>()(l, and seal skins being the only coniniodity of eoniinercial valne obtainable by their industry. I'revions t(> the acquisition of Alaska by our Government the i>resei'vatiou of these animals from indiscrimi- nate slaughter and extermination was by the Russian (Jovernment dt'cmed necessary for the subsistence of said inhabitants and accord- ingly authority over all of IJering Sea for tlie protection of fur-seals therein from (lestruction by persons other than said inhabitants was assnm«'d. Tlie Emperor of Russia also asserted autiun-ity over Bering Sea by assuming to transfer to the United States certain territory any Russia, to establish a c(dlection dis- trii't therein, and for other ]>ur])oses.'" The first section of said act (now section IIKW Kev. Stat.), declares that, "The laws of the United States rchiting to customs, ciminu'rce, anhraseortion of Bering Sea within the boundaries of the territ(ny and dominion ceded by the Kin jieror of Russia. From said arrests and sei/.ures and the consecp. nt ]nosecutions (piestions ai'ose as to the proper construction or interpre- tation of section ll>r) theso statutes ac('or(liii<»- to the intoiitioii of Congress, which is to be ascertiiiiied from the words used mid coiisideiiitioii of the course of h^Si'*'"'^'<*'i '•" tlie sul)je(!t, siiid the facts and circuinstauces Ivmowii to have Imhmi operative in in' such lejfishition. Now, cousiih'riu;;" tiie several statutory provisions and the iiistoricial facts above recited, and keei)injj: in mind section lOol, which must y'overn tlie interpretation of otliei statutes, referring to tlie v«' in Wheat., UH>, ',V1\; United States' r.v. Palmer..; Wheat., (IIO; The Divina Pastora, 1 Wheat., fl2j I'Vster PH. Neilson, li Pel., 2r>;J, ;{l>7; Ivean<' r,v. McDonaugh, S Pet., If i 'i ^ i is tt m 124 ACTION OP THE UNITED STATES. 3()S; (iaicia rs. Leo, 12 Pet., 'ill, r)2(); Williams vs. Suffolk His. Co., 13 Pet., 41"); United States rs. Yorba, 1 Wall., 412, 423; United States rs. Lynde, 11 Wall., 0;j2, 038). It is equally well settled in Kngland. (The Pelican, Edw. Adra. a px. D.; Taylor rs. Barclay, 2 Sim., 21.'J; Emperor of Austria vs. Day, 3 DeO., F. & J., 217, 221, 233; Republic of Peru rs. Peruvian (iuano Co., 30 Ch. 1)., 489, 407; Reimblic of l*eru rs. Drayfus, 38 Ch. D., 356, 359). All courts of justice are bound to take Judicial notice of the territorial extent of the jurisdiction exercised by the (rovernment whose laws they administer, or of its recognition or denial of the sovereignty of a foreign power, as appearing from the ])ublic acts of the legislature and executive, although those acts are not formally put in evidence nor in accord with the i)leadings. (United States rs. Keynes, 9 How., 127; Kennett rs. Chambers, 14 How., 38; Hoyt r.s'. Russel, 117 U. S., 401, 404; Coffee rs. Grover, 123 U. S., 1; State rs. DunweU, 3 R. I., 127; State rs. Wagner, (ll Maine, 178; Tay- lor *".s'. Barclay, and Emiieror of Russiia rs. Day, above cited, 1 (Jreen 1, Ev., 6.) It has been further (sontended on the ])art of the defense that this ves,el was especially jirivileged to engage in the sealing business in Ber- ii.g Sea by reason of the fact *liat her owner and crew of Indians are of the Makali tribe, and by virtue of the treaty made with said trib<' of Indians, whereby "the rights of taking fish and of whaling and seal- ing at usual and aiicustomed grounds and stations is further secure extent and value (»f the o]?.rati«'rg had access to the customhouse records at Petropavlovsk, Okhotsk, and other ports, at which incoming furs were counted and a royalty paid to the (Jovernm«'nt. Tliis system wr.s in vogue until the establishment of the Russian American Com- pany in 17*^)9. A(!cording to IJerg tiie catch of sea-otters between the years 1745 and ITiKi is placed at o8,ClS,i jind that of fur-seals from tlie date of the discovery of the islands to the year IVMi at 417,7oS,' which latter figure represetits ]m)bably not more tiian one quarter <>ftiie num- ber killed, as, owing to the crude pr<»cesses of treating the skins, fully three-quarters were sjioiled before they could be brought to market. The following extract from IJerg's Chronological History^ throws much light upon the early state of the fur trade in and about IJering S<'a : "In regard to the furs imported by the various companies from 174r>t«) ]Sl'3 the reader should be infornu'd that the valuation of the cargoes was not alwtiys ecjual to the real value of the furs. This was due to tlu' devices resorted to by sonu^. shipowners to lessen the amount of royalty. « * * # * * # "In looking over the list of furs imported by any vessel we can de- teri(tfine how far its voyage extended. Blue foxes indicate that the hunting was Aoy>//, which was hunting there, brought about 40,000 skins to Okhotsk. ! 5 ' t I r ti, Hi ' Set' Tiiblo 1, Itoifi's tippeudix. •Pujji'M 11)5-167, 135 126 FUR INDUSTRY OF BERING SEA iii8 i Tt h lifii mm "From an exaniination of the tables of furs imported by the various companies from 1743 to 1823 it appears that within a period of eighty years their numbers, includujg Government tribute, were as folhnvs: Fur-seals 2,324,364 vSea-otters 2()0, S39 Otter tails 143, (W9 Blue foxes 108,8«r) Red foxes 57,638 Beavers . Cross foxes., Black foxes , Laiul-otters Sables 58, 729 44, 904 30, 15« 22, 807 18, 121 " The tables of the imi)ortations of privr.te companies show that the cargoes of their various vessels were valu'id at 7,000,000 rubles, but to this we must add at least 2,000,000 rubles, because the value of cargoes of seven vessels which made long voyages is not given for want of rec- ord, and it may be safely assumed that at least ten more made voyages of which no record exists. The furs imported by the Shelikof Company were api)raised at l,r)00,000 rubles. The cargoes brought by the ves- sels of the liussian American Company were worth 35,500,000 rubles.^ Thus there were obtained by Russian hunters and traders in eighty years from the Aleutian Islands, and the coast immediately adjoining, fiT-'S to the value of 46,000,000 rubles.' Of all this quantity of furs more than hal" .ms traded off with the Chinese at Kiakhta, and the Government rr in duties from this trade more than 10,000,000 rubles.'^ In addi. he Government received large numbers of skins as tribute from nan ;&. From every cargo of the early private compa- nies one-tenth was set aside for the Government, and the number of sea- otters alone thus secured from 174") to 1799 was 12,000, worth 720,000 rubles at the low price then prevailing." The seal catch at the Pribilof Islands between 1817 and 1837 is illus- trated by the following table compiled by Veniaminof:^ m: Table i in Paut ii of I'eHiamiiiof's "Notes on the Islands of the Unalasla Dixtrict," shouiiifi the seal-catch (hning the period of gradual diminution of life on the Pribilof Is- lands, from 1817 to 18S7. Taken from— 1817. 47.860 12,:t28 1 1818. 1819. 1 1820. 1821. 1822. 1823. 1824. 1825. 1826. 1827. St. Paul Islaiitl St. Ueornr Inliiiul 1 4r..n:i2 40,3no i;i.»24 11,925 39, 700 10,520 35, 7.50 9. 245 28, 1,50 8, 319 24, 1(K» 5,773 19,850 5, 550 24,600 23,2.50 5, .500 17,7.50 Total 60,188 5»,8-.0 .52,22,') 1 i 50,220: 44,995 36,469 29, 873 25. 40(1 30,100 23,2.50 17,750 Takeu from — 1828. 1829. 1830. 1831. 12. 9,50 3, 084 1832. J 1833. 1834. 1835. 1 1836. 1837. St Paul Islanil 18.4.50 17. 1.50 1,5.200 2. 834 13,150 13,200 12.700 4,0.52 4,040 2, 528 2, ,5,50 4,220 St. (leurge Ixlaiul .... 4.778 3, (Mil 3,29« 3,212| 3,051 2, 582 Total 211, 228 20,811 18.1134: )fi.O:U 16,440 IH.41-i '5.7.51 6, 580 6, 590 1 0, 802 Grand total for St. Paul Inlnml 464.2,59 Graiitl total for St. George Islaiiil 114,000 Total catch during nineteen years of diminution 578,919 , Tliesi' wore silver rubles. ^Iii I'eganl to the fur trade with Cbiua see also Coxe, pp. 354-357, aud House Ex. Doe. Vil, pp. M5, 178. ^See a^tper.dix to bis " Notes ou tUe Islands of the Unalasku District." Am) ADJOINING iJXilONS. 127 The value of skins from the Unalaska district during the year 183 (at which time fur-seal skins were scarce) is illustrated by the following table' compiled by the same person: S«'a-i)ttiTs HliK-k foxt's (;r(N) •i.') r>(K) 10 HO 50 1.5, 000 .10 1,500 10 100 piMKls. KO .JOO jiowls. 40 Sum of value. I'awT ruliles. 45. 000 45, 000 15.000 5, 000 4, 000 V.V), 000 1.5,000 K,000 8, 000 1,000 896, 00'! Tikhmenief publishes two main tables ^ showing the numbers of all furs exported from the Russian American Colonies between the years 1821 and 1862. _ , . , ., lollowing are the data contained in the tirst table, which covers the period from 1821 to 1842: Sea-ottevs 25, 416 Sea-otter tails 23, 506 Fur-seals 458,.-)02 Wlialeboiie poods. . > 3, 4ik) Laml-otters 29, 442 Foxes (l)rowii, gray, and red) ... 90, 322 Walrus ivory poods. . 6, 501 .do....n62,034 Bears »- 3 '•' Lvuxes 4,2o3 Wolvcriues l.i»64 Weasels lo, 481 Sables 15,06b Miiskrats 4, 491 Wolves ^01 Castoriuuis poods . . •' 124 Heavers ,,„ o . Blue foxes 69,3o2 Following are the data contained in the second table, which covers the period from 1842 to 1862 : Sea-otters 25,899 Foxes < ' > 847 Blue foxes 54,134 Fur-seals 372, 894 Beavers 157, -l^^ Laud-otters 70,473 Lvuxes 6,927 Sables 12,T82 Bears ^t "^^ Wolves 24 Muskrats 6,570 Wolveriues ip Minxes ^72 Castoriuuis poods. . " 103 Walrus i v(uy do '765 Beaver tails 25, 797 Paws 10,588 During the years 1863-1867 there were exi)orted from the Russian American Colonies fur-seals to the number of 198,718." ' Page 83. This author explains at length the causes of the diminution of seal li:e during the period coucerning which he wrote. 2 Tikhmenief, Vol. i, p. 327, and Vol. ii, p. 221. •'• And 10 pounds. * .And 6 pounds. » And 16 pounds. 6And2l pouuds. ''reuth Census Report of the United States, Report ou the the Population, ]n(lus- tri.-s, au<«H-i8«7 (T<'ii(li ("I'lmus) IIW, 718 Totivl' 3,197,154 Fur-seal skins taken from the I'ribilof Islands between the years 1868 and 1891. Niimbw- Niiiiib('r_ 18()8 '^240, (KX) 18««t ^'87, (MM) 1870 '}»,!»(!') 1871 '•iMi,(i!)7 1872 100, 352 1873 100,437 1874 102,221 Number. 187fi 87,900 1877 7«,584 1878 10;>,152 1879 101,004 1880 98,923 1881 102,386 1882 97,798 1884. 1885. 1886. 1887. 1888. 1889. 1890. !K», 733 100, 395 9J», 890 100, {WW }m,116 99, 937 « 21, 238 1875 100,036,1883 74,268 1891 '13,473 Extract from Report on the Remurces of Alaska, publixhed by the Bureau of Statistics of the United States Treasury Department, 1890. A brief estiiniite of the v.aliie of permanent improvements in Alaska bas been compiled from sncU sounjes as conld be made available. No attempt at even ai)prox:imate assessment has ever been made. Real estate ean hardly be saitl to exist in a country as yet without provision for ac(piiring title to anything but mining claims. Estimated value of permanent improremefit in Alaska. Invested in gold and silver niiu<'s and mills $1, .500, 000 Invested in coal mines 30, 000 Salmon canneries 1, 800, 000 Shipping 200,000 SawniilTs 130,000 Codtisliiiig stations and vessels 1(X), 000 Trading stations, wharves, etc 350, 000 4,110,000 A very interesting summary of the value of products obtained from Alaska from tiie time of its purchase to the year of 1889 will serve to elucidate the value of this vast territory which we ac, and which has returned over $(50,000,000 within twenty-three years. Tiie value of products of the whale fishery has been omitted from this summary as behniging more properly to San Francisco and New Bedford. During the time (!Overed by this statement the United States Treas- ury has drawn f 5,9r)5,r).'J5.()7 trom the same source, and on the large proportion of fur-seal skins which have been returned dressed and dyed to this country a duty of 20 per cent has been received. For reasons alrisady given, this total only represents the skind of which records were ki^pt, which records, especially in early times, were very imperfect. ^Thomas F. Morgan, \'ol. ii, p. 63. , •'Tenth Census, Report on the |)o|>nlation, etc., of Alaska, p. 61. < Emil Teiclunann, \'ol. ii, p. 585. '• For this and sncccediug vears down to 1889, inclusive, see Max Heilbronner, Vol. 11, pp. 117.167. "Charles.!. Gort", Vol. II, p. 112. ' Emil Teichmauu, Vol. ii, p. 585, ' AND ADJOINING REGIONS. 120 Value of proditctn obtained from Jlaska from the time of Us purchane to the year 1S90. Fnr-seal8 (total) ^?!';l^x«S Other furs (total) ^fi'l^q'TOT CaniKMl saliium 'Tca una Salte-l salmc.n _ *"{' ^"^ CoilfiHl. m'S'So Gold and silver i,lX\,.m eO, 068, 7^1 17 y-'v II (•:r it! ni':i,ili: bt. REVENUfi DERIVED FROM THE ALASKAN SEAL HgRD. Treasury Department, June 10, I8ba. Sir : In reply to your request of the 8th instant I have the honor to transmit herewith a statement of the revenue derived from the lease of the islands of St. Paul and St. George, Alaska, from 1871 to 1891, in- clusive. Kespectfully, yours, Charles Fostek, Secretary. Hon. John W. Foster, Department of State, 'K W:' statement of the revenue derived hy the Government «f the United Statca from the lease oj the islands of St. Paul and St. George, Alaska. riBcal year ending Juno 30 — Amount. FIhchI year rntlinK June 30— Amount. FiHcal year ending June 30— 1883 1884 1885 1886 1887 1888 1 Amount. Fiscal year ending June 30 — Amount. 1871 1872 1873 1874 1875 1876 $101, 080. (H) 322, 863. 38 307, 181. 12 356, 610. 42 317, 494. 75 317, 584. 00 1877 1878 1879 18H0 1881 1882 1 .1S291,1,55.50 2.*.:i. 255. 75 3 17, 447. ,50 3 17. 4(H). 25 31 7. .594. 50 316, 885. 75 $317, 295. 25 251, 875. (H) 3ie.4IK).25 317, 489. .50 317, 452. 75 317, 500. 00 1889 1890 1891 Total.. $31 7, ,500. nu 262, 500. 00 269, 673. 8A 6, 226, 239. 66 Note, It will be seen by reference to the statement ' sworn to by Joseph Ullmann and others, furriers, of New York City: First: That upon a cat<'h of 100,000 seals at the Pribilof Islands, about 70,000 have, after dressing and dyeing in London, been annually, during the last ten years, returned to the United States. Second : That the average value of each skin so returned was $25. The total value of skins so imported would therefore be, during ten years, $17,500,000. The customs duty received therefrom by the United States Govern- ment is 20 per cent of this sum, or, for ten years, $3,5(K»,000; and it is within bounds to say that for the past twenty years the above-men- tioned duty amounted in all to $5,000,000. 180 » Vol. — p.— DIPLOMATIC CORRESPONDENCE. CHRONOLOGICAL ARRANGEMENT. Pnges. Correspourlence of the years 1822-1825 relative to ukase <»f 1821, and to the treaties of 1824 and 1825 132-152 Correspondence between the United States and Great Britain relative to the seizure of Kritish sealing vessels in HeriiigSeain 188(5 and 1887 158-103 Corresjtondence relative to ])ropo8ed iuternati (August 21, 1889, to January 22, 181(0) 1H5-203 Correspondence relative to ]>ro])osed international measures for the pro- of fur-seals— continued— ( February 10, 1890, to June 27, 1890) 204-223 Corres))onden( e relative to the Jurisdictional rights in Hering Sea formerly possessed by Russia and translerred to the L'nited States by the treaty of of 1867 (Mr. Blaine's note of June 30, 1890) '.... 224-235 Correspondence relative to Great IJritain's willingness to enter into a con- vention for the protection of fur-seals (June 30, 1890, to July 19, 1890).. . 236-242 Correspondence relative to the jurisdictional rights in Hering Sea formerly possessed by Russia and transferred to the United ."States by the treaty of 1867— continued— (August 2, 1890, to April 14, 1891) ". 242-298 Correspondence relative to the modun vii-endi of 1891 and to the negotiations for arbitration (April 20, 1891, to Februarys, 1892) 298-350 Correspondence relative to the modus vivendi of 1892 (February 9, 1892, to March 26, 1892) 351-364 131 I I i- i. ||i|| CORRBSPONDBNCB OP TBB TBAR8 1822-182S RBLATIVB TO THB UKASB OF 1821 AND THB TRBATIES OF 1824 AND 1825. M. de Poletica to Mr. Adams. [XransUtion.] Washington, January 30 [February 11], 1823. The umlersigned, envoy extraordinary and minister plenipotentiary of His Majesty the Eni))eror of all the Uussia**, in consequence of orders which have lately reached him, hastens herewitli to transmit to Mr. Adams, Secrany, and sanctioned by His Imperial Mjijesty, relative to foreign com- merce in the waters bordering the establishments of the said company on the northwest coast of America. The undersigned conceives it to be, moreover, his duty to inform Mr. Adams that the Imperial Government, in adopting the regulation, sup- poses that a foreign ship, which shall have sniled from a Eui-opean port after the 1st of March, 1822, or from one of the jMHts of the United States after the 1st of July of the same year, can not lawfully i)retend ignorance of these new measures. The underMigneti, etc., Pierre de Poletica. [The inclosme referred to is the ukase of September 4, 1H21. It is in the English language. An exact copy appears at i)age 10 of this volume.] Mr. Adams to M. de Poletica. Department of State, Washinf/ton, February 25, 1822. Sir: I have the honor of receiving your note on the 11 th instant, in- (ilosing a printed cojiy of the regulations adoi)ted by the Kussian Ameri- can Company, and sanctioned by His Imperial Majesty, relating to the <'ommerce of foreigners in the waters bordering on the establishments of that company upon the northwest coast of America. I am directed by the President of the United States to inform you that he has seen with surprise, in this edict, the assertion of a terri- torial claim on the part of Kussia, extending to the flfty-first degree ol north latitude on this continent, antl a regidation iuterdi<;ting to all com- mercial vessels other than Russian, ui>on the jienalty of seizure and confiscation, the approach upon the high seas within 100 Italian miles of the shores to which that claim is made to ajiply. The relations of the United States with His Imperial Majesty Inive always t>een of the most friendly character; and it is the earnest desire of tliis Govern- ment to preserve them in that state. It was exjjected, before any act Aviiich should define the boundary between the territories of the United States and Russia on this continent, that the same would have beon ar- 132 CORHKSrONDKNCK OF lS2'i-1825. laa raiifjcd by tieaty ln'twceii tlw partios. T<» fxcliido tlw vosscis of our ritizt'iis fioiu tlu^ sliorc, iM'yoiid the onlinary distiiiMM' to wliirh the \vv- ritoriiil Juristlictioii extends, has exeited still };realer surprise. This (H'dinaiUH' affects so deeply the i'i;;hts ol" the I'liited States and of their eiti/.ens that i am instrneteen- erally re(M»ynized by the lawsand nsaj^es of nations, whieli ean wairant the elaitns and re<>'ulatiuns contained in it. I avail, etc., John Qiin(!y Adams. M. lie Poletica to Mr. Aihinis. VVASiiiNciToN, Frhrimnf JS, is:>^. M. de Poletiea replied on the L'Sth of the same nnnitli, and after f>iv- jn;>' a suninniry of historical incidents which seenn-d to him to establish the title of Kussia to the territories in ipu'stion by first discovery, said: " 1 shall be more snccint, sir, in the »'xp(»sition of the motives which determined the Imperial Government to prohibit forei},'n vessels from approaching the northwest coast of America belonginj^' to Russia within the distance «>f at least KM) Italian nules. This nn'asure, however severe it may at first ai)pear, is, after all, but a measure of i»revention. It is exclusively directed against the culi>ab!e en terpiises of fbreij;n adventur- ers, who, not c- upon the coasts above nn-ntioned an illicit trade very prejudit-ial to the rijilits reserved entin'ly to the Kussian AmericanComi)any, taki'upon them besides to furnish armsand ammunition to the natives in the IJnssian possessions in America, ex- citing them likewise in every manner to resist and revolt against the authorities there established. "Tlie American Govennnent doubtless recollects that the irregular conduct of these adventurers, the majority of whom was comp(»sed of American citizens, has been the Andianji'clsk and the establishment of the United States at the mouth of the Cohunbia liiver. Hut, from the same state- ment, it appears that, in the year 17!)J), the limits ]n'escribed by the KmperorPaul to the Russian- American Company were tixed at the lifty- flfth decree of latitude, and that, in assuminji' now the latitude 57R,iL. new j)retensioii is asserted, to whiidi no settlement made since the year 17!>9 has jjiven the color of a sanction. This pretensi,lit, but also to that prohibiticm to the vessels of other nations, includinji' those of the United States, to approat^h within 100 Italian miles of the coasts. Krom the period of the existence of the United States as an independent nation, flieir vessels have freely navijjated those seas, and the right to luivigate tht'm is a part of that independence. With regai'd to the suggestion that the Russian Government m" ^"t havejustitied the exercise of sovereignty over the Pacitic Oceai i close sea, because it claims territory both on its American and A shores, it may sullice to say that the distance from shore to shore on this sea, in latitude 51° north, is not less than !>0° of h)ngitude, or 4,000 miles. As little can the United States accede to the Justice of the reason as- signed for tlie i)rohibition above mentioned. The right of the citizens of the United States to hold conmierce with the ab«)riginal natives of the northwest coast of Ameri<'a, without the territorial Jurisdiction of other nations, even in arms and munitions of war, is asclearand indis- putable as that rform every act and obligation of Justice to ycmrs which could have been re«iuired. 1 am comvianded by the President of the United States to a;isure you that this dis]»osition will (continue to be entertained, together with the earnest lesir»' that the harmonious relations between the two countries may b( preserved. Relying upcm the assurance in your note of similar di;']>(»8itions reciprocally entertained by His Imperial Majesty towards the United CORUKSl'ONUENX'K OK 18'-'J-182r>. ISf) States, tlu' rrcsidcnt is persuiulrd tliat tlie iitizi'iis of this Union will rciniiiii iininolcstcd it) tlic )>i'<»s(>cMtion ol' tli«'ir liiwt'nl minnicicc, iuul that no (>tli*ct will lie given to an iiitcidiction niaiiifcstly iiiroinpatible with their riyhts. 1 uui, etc., John Qi incy Adams. M, de Poletka to Mr. A flam 8. \Vashin(jt()N, April i\ issi\ Mr. Polotica replied on the 2d of April following-, and after again endeavoring to i)rove the title of linssia to the northwest eoast of Anieriea from lieliring Straits to the lifty-tlrst «legree of north latitnde, said: ''In the same manner the great extent of tlie Pacitl<^ Oeean at tlie tifty -first degree of latitnde ean not invalidate the right whicli linssia may have of considering that part of the oeean as close. But as the Jmiierial Government has not thonght tit to take advantage of thiit right, all further disctission on this snbject wonld he idle. "As to the right claimed for the citizens of the rnited States of trad- ing with the natives of the cotintry of tlie northwest'coast <»f America, Avithont the lindts <)f the jnrisdi(!tion belonging to l{nssia,the Imperial (lovernnient will not certainly think of limiting it, and still less of at- tacking it there. ]iut I can not dissemble, sir, that this same tiade be- yond the fifty-first degree will meet with difticnities and inconveni.Mices, for whi«'h the Amerii'ai! owners Avill only have to accuse their own im- ]»nidence after thejmblicitywhit'h has been given t(» the measnres taken by the Imperial (lovernment for maintaining the rights of the Knssian Ameiican Company in their absolnte integrity. "I shall not finish this letter withont ie]ieating to yon, sir, the very ]>ositive assurance whit'h I have already had the li«»nor once of «'xpress- ing to you that in every case where the American G(»vernment shall Judge it necessary to make ex]>lanations to that of the Kmperiir«'liii}i' i\\v >.' \V. Tiiidr, iiltli(iu{»;li 1 rcliiiiiud IVoiii tiiKiii^ iiny olliciai steps until 1 should rcccivtt iii- strui'tidus so to «l(». }r\ I 4iiiiitt((l 1:0 proper occusitiii of iniilvi))ji> known my priviit*' - clart' the northern poition of the i'acitic ()«ean as mart rlini.siim, hut that idea beiu}:^ aliandoned. prcbably ou account of its extraxagancc, they detcrmiui'd 1(» adoi»t tlie more nu)derate nu^asuic of cstablishiiijn' limits to the maritinu' jnrisdiction on their coasts, such as shoidd se- cure to the IJnssian Anu'rican I'lir Comjiauy the mono])oly of the very bicrative trallic they carry on. In older to d(^ this they soujiht a prec edcut and luuini the distaiuf (»l ."!(» leagues, named in treaty ot I'trecht, and which may i»e calculat<'d at about KKl Italian miles, sulhcient (or all purposes. I replied ironically that a still lietter ^ireccdent miglit have been jtointcd out to them in the papal bull of Mil.'!, which eslab lislicd as a line of demaKation litlwcen the Spaniards and l'ortiigncs(^ a meridian to be drawn at the distance of 100 miles west of the A/,or«'s, and that t'.ie expression '* Italian miles" used in the ukase \«'ry naturally mightlea«l totheconclusion that tliiswasactually theju'cct'dent looked to. Jle took my remarks in gttod part, and I am disposed to think that this conversation led him t(» make rellections which ;lid not tend to contirni his first iiniuer- ions, iuf I foiind him afterwards at dilferent times s|)eaking «'onlidcntiaIiy upon (he subject. Kor sonietiine past I began to ]>erceive (hat the i)rovision8 of the ukase would not be persisted in. It ai)i)ears to haxc been signed by the Kmperor without snthcicnt examination, and may be fairly consid- ered as having been suriei>titiously obtained. Tliere can be little doubt, therefore, (hat witii a little iiatience and management it will b(^ molded into a less object ionable shaiie. lint in this, as in other mat- ters, the rrronor f/rti(liiiii is most ditlicnlt. Since (he receip( of your dispa(ch Nit. 1- 1 have liad several c«mferenccs with the secretaries of state and we haxc discussed (ully and freely ///c state 0/ tlictjinstioii as lef( by Mr. I'oletica with your letter unanswered in his jiocket. At length, on the morning o( (he L'Kli of July, having learned that pre|»ji- ration was iiiidiiiig for the dei)arture of tlu' I'-mperor tor N'ienna, 1 had a conversation with Count (."apodistrias, in which I infinined him that I intended to ask a formal interview with Count Ncsselrode before his departure, for the iaui>ose of taking u}) this subject and urg. ig soiue decision ui)on it, as 1 never had been able to ascertain otliennit(ed to read to him (('ouiit Capodistrias), as i was w«'ll assured ol his anxious desire that all things should go on smoothly between us. (See pa]ter No. 1.) .\(ter hearing this ])aiicr with attrition he said to im^: " Puisque vous me faib's rhonnenr de me coiisulter. Je vous diiai franchenient mon a\ is. Si voas vonlez <|ue la chose ^'arrange, ne donue/ ]M»iiit votrc note — rKmperenr a dcja en le bon esprit de voir (|.ie c«'tte af- faire lu' de\ rait jtas »'ire pous(e plus loin. Nous somnns dis[)oses a lie pas y donner de suite. Les oidres p<»ur iios vaiwseaux de guerre ■• .. C(>RKKSI'(WI)KNOK OF 1822-1835. IflT sennit l»oni('s A einiK'clicr la omtrehaiulc. (liins les liinilos rrcnnimcH par UfS iiiilrcs piiissantM^s, en pi'(Mi:iiif ih»h ('•hildissemwis iirlucls l>our has«' lU' <*,«'s opcnitions. Do <;('tte maiiit'n', il n'y ;iiir:i pas dc. ('oiii|>li('ati()ii piiiir (MitiiiA'cr ia iii'^'ociatioii (pi<- poiiira i'lilaiiior M. lo liar(»ii «h' Tiiyll dcs son arri'\(''(» a VVaHliiiiffton. Si voiisditos qiu^vmis taitcs protestation, voiis loic/ dii tott alii iM-^oriation ; il iic taut pas lion phis faiiT riiisinnatioii t\no nous ;xyons avaiM'c iiiui iiijiiste in-ctcn- tioii, iiK'Hic t'li nous coniplinicniaiit siii' iiotrc politM|ue passt'c; il nc. taut pas nous MHiiiiiei- de nvoipier this ordies (loniics: nous iie levo of state and bron<;lit fully to lluMr view tli<^ suhsianrc of the instruc tioiis upon the iikasr of ttli Septemi>ei' last, insistin^r upon the nercs- sity of this (ioverniiM^nt susp(>iidin^° the execution of those re<;ulatiy Russia must ln' considered as entirely inadmissihie by tlu^ riiiteiitrover- sies upon the subject of trade and territory U|)oii the N. \V, Coast. *SMais en attendant,'' said Ct. Cajiodistrias, " votre ^fouvernineiit voiidra bien d<''fendre a ses sujets le (!oinmei'ee dans les liinites siijettes j\ contestatioii.'' In answer to this apostrophe I represeiit<'d that this could ne-t possibly be done without adinittiiiff the ex<'lusive rijihts of liussia, and that until those should be made manifest our (Jovernnient has no authority to inhibit its citizens from exercjisiiiy their free indus- try within the limits sanctioned l>y the laws of their country and ot na- tions. I thought it necessary to jjfive oflicial form to these verbal conimuni- cations, and upon statinj>' this to the seinen,(!oiiiniaiHb'd bytJapt. Lieut. La/.arotf, sailed about tlie 1st of August (O. S.), in company with a Norse ship, bound for the N. \V. Coast. The Skckktaijv oi' STAiii: of the United Wtates, I u »ST. PETJiUyiJUi;*., AlKJHSt y'^u, 18: >»> [Inclosure No. 1— I'rttpared, but not delirorcd.] Note verbale. TIio <'i)rn>H|ton<1«ii('« of tlic I{iissiaii Ijivny in tln' CnittMl StatfH nf Anierirn witli flio tSe'.'i'i.'tiiry ui'Stal(; nl'thiil (iovuruiuuiil lia.s prolmltly given tlie liiipfiiiil (iuNei'iiiiieiiti is k i 138 DI PL(1M ATIC COKRKSr( )NDENCE. i#'-: m m n Niirticifiil kno\vl(«lK<' of tln' weighty lousons Miat liavc iiidiicoil tlicOovcrnintMif of ihv s;\U\ Stiilt's to iirotfst iif^'iiii)8t the rliiin^OH iidkIo in tlit' ro^iiliitioiis {i>iiv)'i'iiiii^ lori^i;;!! i'i)iniii)sNi<>n8 that ar<> .sitiiatud on tl>u I'aciliccoiiHt. II' all tlio ])*>W4>rB, and espiu-iully coniniiTcial nations, art' intcrostcd in tlii> niain- tenancf ot iiiariliniu ii}i;hts uniniimirod, it is not to ho ilonlttcd lliat tln^ I'lcHidcnt of tlio I'niti"' States lias It-.tincil, .villi the »ie«i»c>8t con<'ein, that the ji foresaid re;;ula- lations liave been sanctioned l»y a |>4i\ver wliivli lias lonfj; lte«Mi fondly retjariUMl as a ]ir<)teelur of lUe freedom of navi;;'ation against all nnjnst pie'.ensiDns; for lie must, wllli reason, fear the iiilln<-iiee of siieii an exaiii|!!r, and iiiiist also fear lest nalioiiH ])ossesNinnl>lieo])inion is ^I'cMtly opposed to t! I'so re;;ulations, un',ites (iovernnient to aeouiesee in them, he has thoiiKht pro]ier, not (inly in view of his feelinjiH of fri<'nd8iiip for His M.-iJesty the Kniperor of all tli« Kiissias, Init id' the iipri<;lilness of intention of which he is conscious, jind of the tVanUness which he uses on all occasions, not to leave the Imperial (ioverninenl in niu'erlainly with rcftard to his delerinination ton])hold the rifjhts and interests of his fellow-cit- izens, and to insist that the I idled .stales and their 8u)»jects shall still have, as they have had in the jiast, full liherty to sail in the I'acilii' Oi'ean aiidotf the coasts of tin* ueijj;hliorin<;- connlries within the limits reco;;iii/,ed hy the law of nations. A careful perusal of the corresi(on declaration or acts of vi(denee. which latter eaunot be long in coming', unless pre- cautionary uu-asurt's be at oui'e tak<'U. It is especially owiuj: to this circumstance that the departure of Mr. I'olelica, vrithont having been authori/.eil to enter upon a discussion of our uiutuiil rights and duties, is to lie regretted. Under present circumstances it is very desirable that there should be a sus))ension of the territorial claims of Russia to the border regions of tht^ Tnited .states, with- out ])ri'Jiulice to the respeclive rights of the powers interested, nntii the settlement of the boundaries by a treaty, but it is esi)e('ially necessary, for the avoidance of any complications that might arise through hostilities, tiiat the K'lissiau (iovern- nient should abstain from }iiitt)iig into execiitiou the measures ordered by the uk.'ise of .Seiiteuiber 4, 1821, and that it should consent to revoke the orders issued to its vessels of war, if any such have been issued autluu'izing tlKise uieasures to be jiut into execution. In the fear id' . jeopardizing more important interests than those just now under cousideralion. and iii order not to run any risks tluit foresight may itreveni, the undersigned deems it his duty to make this representation, and he etirnestly hopes th;it the Imperial (M)verniiient will see, and will avert by acting upon these sugges- tions, the correspondence which has recently taken place liet veeii the Knvoy of Russia in the United .states aiul tlm Secretary of State (d" the United States. The corresiiondeiici* has )irolialdy sudicientiy made known the reasons which the I'uited States have all< Liei'we(l mi Imlii sid' s in.iy !;i\e rise, by its duration, to acts of violence which will occasion annoying complications, III the ini'an tinu' tlie undersigned decuis it his duty to ini|uire what tin- intentions COKRK8f(WDKN('K OV 1K22-1825. 131) of Mit' Iin|M'riiil nuveriiinciit arc hh n^;^iir(lH tlio iiii'iisiirrs to 1)<-ail >; whieh so happily ttxistH liet weoii the two powers, and, awaiting a favorahle reply, lie has the honor torc^iiow tohis I'.xcudleiicy tlie Seeri'tary of State the. aHsiirantut of his liijjh eoiisiileratiou, (Sijjiied; ll'v MiDDi.inoN. St, i'KiKUsm it(i, July :i7lh, 1S22. ri .. [Inclimnru N'o. 3.] The midorsljjiied Secretary of Stato, aetiii}; Minister of Forr-ifjii Affairs, hastened t(» lay heforo the liil isfactory, under tlic auspices of justice and 4if our iinaltttrahle friendslii)i, then <. ill it lie iin]iossilile for tlie surveillance which the vessels of the Imperial Navy Koinjr t(, the North wi-*) Coast of America a re directed liy the new instructions to exercise there, ever to K'**' ''i^e to unpleasant compliea- tious. The iindersij^ned, eiitertaininsitions which it has been, and is, the earnest desire of the American (Jovernnient to meet with corre- si)onding returns, and which have been hmg cemented by the invariable friendship and cordiality which have subsisted between the United States and His ImjM'nal Majesty. Penetrated with these sentiments, and anxiously seeking to promote their i)er])etuation, the President readily accedes to the proposal that the raliii-^ter of the Unittd ^States at the court of Ilis Imperial Majesty sliould be furnished with powers tor negotiating,upon principles adapted CORRESPONDKN(!K OF 1822-1825. 141 to those sentiments, the suljustnieut of the iiiteicsts and lij^lits wliicli have been brought into collision npon the northwest coast of Auu'ri<*a, and wlii revoke it alto- gether. It did, however, ex<'ite much public animadversion in this country, as the ukase its 'If had already done in Kiigland. I inclose herewith the North American Review for October, 1822, No. 37, which I w 142 DIPLOMATIC CORRESPONDENCE. contains an article (p. .VTO) written by a person fully master of the sub- ject; and for the view of it taken in England I refer you to the fifty- se<'«(nd number of the Quarterly He view, the article upon Lieutenant Kotzebue's voyaj'es. From the article in the North Aiaerican Review it will be seen tiiatthe rijuhts of discovery, of occupancy, andof uim-ou- tested possession, iillcgerace8 discov- eries made by (lali, Beliring and Tchivikotl", Quadra, Cook, La Perouse, Malespier, and V'anconver. No European nation has yet formed an establishment upon the immense extent of coast from ( -ape Mendocino to the fifty-ninth degree of latitude. Beyoiid that limit the Russian fac- tories commence, most of which are scattered and distant from each other, like the factories established by the European natitnis for the last three centui'ies on the coast of Africa. Most of these little Russian colonies connnunicate with each other only by sea, and the new denom- inations of Hussian America, or Russian ])ossessions in the new conti- nent, must not lead us to believe that the coast of Behring's Bay, the peninsula of Alaska, or the country of the Ischugatschi have bec miles distant from the other settle- nuMit at Sitka. On the 4th of January, 1810, y\v. I).ischki>tt', charg('Mraftaire-5 and consul general from Russia, renewed tliis proposal of a convention, and requested as an alternative that thf United States should, by a legis- lative act, prohibit tlie trade of their (iitizens with the natives of the northwest coast of America as nnhuvful and imr/ular, and thereby induce them to carry on the trade exclusively witii the agents of the Russian American Company. The answer of the Secretary of State, dated the oth of May, 1810, decliiu's those proposals for reasons which were then satisfactory to the Russian Government, or to which at at least no reply on their part was mad*'. Copies of these pap«'rs and of those containing the instructions of the minister of the United States then at St. Petersburg, and the relation of his conferences with the chancellor of the empire. Count Romanzoff, on tliis subject are here- with inclosed. By them it will be seen that the Russian Government at that time explicitly y tlu' Knglish, French, and Portu- guese. In the prosecution of it the English settlement of N<»otUa Sound was made, which occasioned the differences between Great Britain and S|>ain in 1781> and 1790, ten years before the ICussian American Com- pany was tirst chartered. It was in the prosecution of this tra, with Spain, the IJuited States acquire«lall the righti of S[miii north of latitude 42'^; ami by the third article of the convention between the United States and Great Itritain of the iMHh of October, 1818, it was agreed that any c«mutry that might be claimed by either party on the muthwest coast of America, westward of the Stony Mountains, should, togetlH'r with its harbors, bays, an limits to which our claims are indis]mtable, we e; on tli« coiiMts ot thos<' seas, in phicoH not iilrciuly occupied, lor tlie |turpo8c of ciirryiiifi on tlicir <-oiiiniurcc withtho natives of the country ; Hiilijcct, iievcrtliclcsH to thcrcHtrictioiiHanil |)i'ovi,jioii8Hpecili(Ml in the two t'oihi\viii<; articlcM, Aim'. II. To the end that tlie naviber, 1818, fourteeti days before the signature of the convention, the settlement at the mouth of Columbia Hiver hatl been formally restored to the United States by order of the Jiritish Government. (Mess.age of the President of the United States to the House of Representatives, April 15, 1S22, page 13. Letter of Mr. Trevost to the Secretary of State of November 11, 1818.) By the treaty of amity, vsettlcment, and limits between the United States and Spain of February 22, 1819, the boundary line between them was fixed at the forty-second degree of latitude, from the source of the 19 M<* 14G DIPLOMATIC COHKKSl'ONDKNCE. Arkiiiisiis Kivcr to the South Si'ii: by wliicli tri'iity tlie riiitt'd Stjites iUM|uirotn tlie sea and noniinution by a eitizen oi' tlie I'nited States; upon its ex- ploration to tlie sea by Captains Lewis and Clarke; upon tlie settlement of Astoria, made under the proteetion of the I'nited States, and thus restored to them in iSlS; and upon this subseiiuent ae(|uisiti<»n of all the ri^iiits of Spain, the only European power who, prior to the disc(»v- ery of the river, had any pretenses to territorial riyhts on the north- west eoast of Ameri<'a. The waters Ok" the (.'obnnbia liiver extend by tlie Mnltnoniali to tho- forty-seeond dejiree of latitude, wheie its soure*; ai>i)roaches within a few miles of those of the Platte and Arkansas, auy all the principles whicb have ever been ai»plied to Kuroju-an settlenu'uts up«m the American hemisidiere. By the ukase of tlie Empcior Alexander, of the 4tli (Kith) of Sep- tember, ISiil, an exclusive t<-rritorial riyht on the northwest coast of America is asserte Kussia, and as extending; from the northern extremity of the continent to latitude r>lo, and the navigation and Hshery of all other nations are interdicted by the same ukase to the extent of KM) Italian miles from the coast. When Mr. Toletij-a, the late Russian minister here, was called upon to .set forth the fiiounds of right conformable to the laws of nations which authorized the issuing of this decree, he answered in his h'tters of February L'SandAinil 2, 1822, by alleging tirstlicitly stated in the Spanish dotMiments that Kussia had disclaimed all preten- sion to interfere with the Spanish exclusive rights to hft/oiid Prince William Sound, latitude (51°. Xo evidence has been exhiliited of any llussian settlement on this continent south and east of l?rince William Sound to this dav, with the exception of that in California, made in 1816. It never has been admitted by the various Ruropean nations which have formed settlements in this heiiiis]>liere that the oceu])ation of an ishiiid gave any claim whatever to territorial i)osses8ions on the conti- jient to which it was adjoining. The recognized ])rinciple has rather been the reverse, as, by the law of nature, islands must be rather con- sidered as appendages to continents than continents to islands. The only color of claim alleged by Mr. Poletica which has an appear- ance of plausibility is that which he asserts as an authentic fact, " that CORRESrONDENCK OF 1H22-1825. 147 in 1789 tln» S|»iiiiisli piukrt .S7. (J/nirlrs, cnimninKlcd by Cijpfiiin Ilaro, found in tlio latitude 4S- and 41)% Kussian scttlcnu'nts to tlie nund)t'i' of «'i}i'ht, (^onsistiuji' in tlie wliolc of twenty i'aniiiics and 4(L' individuals." Hut, nH)ro than twenty years sin(U', Ileurieu had sliown, in his intro- duction to the voyage ot Marchand, that in this statement there was a niistakt' of at h'ast ten dej;r«'es of latitude, ami that instead of IS'' and 41P, it should read ~)f>^ ami .V.P. This isproltalily not tin- only mistake in the aeeount. It rests altoj;ether ui)on the credit of two private let- ters — one written from San Bias, and the otluM' from the City of Mexico, to Spain — tlu're communicated to a French consul inone of theSjianish ports, and by him to the French minister of marine. They were writ- ten in October, 178S, and Aujiust, ITSH. Wc have seen that in 17JK) Hussia explicitly disclaimed inteiferiny; with the exclnsiv*' rijihts of Spain to bei/oii<( I'rince William Sound in latitude 01 0; and Van- couver, in 1704, was informed by the Ifussians on the spot that their nu)st castcni settlement then* was on llinchinbrook Island, at Port Etcln's, which had hecii cNfaltliNhcil in the course of the inrrcdiiH/ Niiiinnrr, and that the adjacent continent w.ma a .sterile (Did iiiiinhtiltited eoinifrii. llntil the Nootka Sound contest tlreat Britain had never advance. I any claim to territory upon the northwest coast of Anu'rica by rij;ht of occuiKition. Cnder the treaty of 17(53 her territorial ri^-hts wore bounded by the Mississippi. On the 22d of .Inly, 17".>3, >rcKenzie reached the shores of the Pacific, by land from Canada in latitude 52° 21' north, lon<;itude 128° 2' west of (Ireenwich. It is stated in the rt2d nund)er of the (Quarterly Keview, in the article upon Kotzebue's voyajje, "that the whole country from latitude .")(»o .'{0' to tbe boundary of the Cnited States in latitu.'ortli- west (Jompany;" that this comi)any have a post on the bordi-rs of a river in latitude o4° 30' ny the finyer of nature, and has been for many years a subject of seiious deliberation in Con{j;ress. A plan has, for several sessions, been before them for establishinj>' a Territcnial {iovernment on tlu^ b(mlers of the Columbia River. It will undoubtedly be resunu'd at their next session, and even if then again postiumed, there can not be a doubt that, in the course of a few years, it must be carried into effect. As yet, however, the only useful pur])Ose to which the Northwest Coast of Amei'ica has been or can be made srbservient to the settle- ments of civili/ed men are the fisheries on its adjoining seas and trade with the aboriginal inhabitants of the country. These have hitiuMto been enjoyed in common by the ])eo]i]e (»f the United States and by the British and Russian nations. The S])ani^h, INn-tuguese, and FreiH'h nations have also participated in them hitherto, without other annoyance than that which resulted from the exclusive territorial claims of Spain, so long as they were insisted on by her. Th(^ United States and Creat Britain have both jn-otested against the Russian imperial iikase of September 4 (10), 18'.'i. At the proposal ;l 148 DII'LOMA'IIC COHKE.Sl'ONDKNC'E. m, ot'tlic IliisMiiui (iovniiiiu'iit ii lull pitwcr iiiid iiistiiK-tioiisai'e now tnitiH- iiiittcd to Mr. Middletoii tor t lie iii<>('t. \V(> liiivo Ikm'ii intornxMl by tlii> llaron (l(>'l'u.vll that a similar author- ity has Ix'cn j;ivt'n on tho part of tin* Ilritish (loviTinni-nt to Sir Charh's liajAot. rrt'viouH to tlu^ restoration of tho sotth'nu'nt at thr mouth of thr Columbia K'iver in 1S18, and a^ain upon tlu; tirst introduction into Con- ^fcss of tlu^ plan for constituting' a Territorial ^'ovcrnmcnt there, sonu> dis|tosition was uninifested by Sir Charles i>au(>t and Mr. (>aii- nin^' to dispute t\w r if/lit o\' the I'uited States to that establislnuent, and sonu' vayue intimation was jiiven of IJritisli claims on the North- west Coast. The restoration of the place and the conventicm of 1H18 were considered as a tinal «lisposal of Mr. Ila^jot's obJ«'t*tions, and Mr. C*aunin}>' declined committing to paper those which he had intinnited in conversati, were— (1) That the rights of fishery in the south seas, of trading with the natives of the Northwest Coast ()f Anu»rica,and of making settlenu'uts on the coast itself tor the purposes of that trade, n(nth of the actual settlements of 8i>ain, were common to all the Kuro])ean nations, and of course to the I'nited States. (2) That so far as the actual settlements of Spain had extended she possessed the exclusive rights, territorial and of navigation and tishery, extending to the distance of 1() miles from the coasts so actually occu- pied. (.{) Thatonthecoastsof Sied by Spain, no settlement should thereafter be n\ade either by British or Si>anish subjects, but on both sides should be retained the liberty of landing and of erecting temporary buildings for the ])urposes of the tishery. These rights were also, of c subjects of cohmiza- ticm. Occupied by civilized, independent nations, they will be ar.. 141) Tnci coiulition of iiiitiotiiil iiiilcixMuUMiro iiml sovcrci^^nty, tlic ri^tlits of iiiitcrior iiiivi}>iitioii ol' tlicir rivers will l)i>loii;> to ciK-li of till' Aiiicriciiii iiiitions witliiti its own ti-nitorii's. Till! iippliciitioii of coloiiiiil priii<'i|iU'S of cxcliisioii, tlii'vefoic, ciiii not be ailniittoil by the I'niti'il States as lawful on any part of tin* Nortliwi'st <'Oast of Anieiica, or as bi>Ion;;'in^' to any l^nropran nation. Tlu'ir own settloiiu'iits there, when or;>aiii/e(l as Territorial j-ovi'iii- nieiits, will be adapted to the freedom of their own institutions, and, as constitnent parts oi the I'nion, be subject to the prineiples and pro- visions of their constitution. The rifvlit of <'arryiny'on trade witii the natives throughout the Noith- west Coasi they (the United States) <-an not ri'iiounee. With the Ifiis- sion setth'inentsat Kodiak, or at New Arehanj>el, they may fairly elaiiii the advantafieof a fre«! trade, havinj;' so Ion j;' enjoyed it unniolesti'd, and because it has been and would continue to be as advantaj-eous at least to those si'ttleinents as to them. But they will not contest the i'i<4ht of l^ussia to prohibit the trail!*', as strictly contined to the I'ussian set- th'uient itself and not extendiii};' to the original natives of the coast. If the IJritish Northwest and Hudson's Hay ('ompanies have any ]>osts on the coast, as suyycsted in the article of the (Quarterly lieview, above cited, the third article of the convention of Octoi)er U(», iSlS, is a]>plicable to them. Mr^ Middleton is authorixed by his instnu'tions to t)ropose an article ~P. by citizens of tin? United States north of latitude 51^, or by Uiitish subjects either south of r>l° or north of 55^. I mention the latitudeofol^ a* tlielxaind within which we are willing to limit the future settlement of the United States, because it is not to be doubted that theColuinl)ia Kivcir bi-anches as far north as .'(l^, although it is most probably not the Tai-oui'sche Tesse of Mackenzie. As, however, the line already luns in latitude l!P to the Stony Mountains, .should it be earnestly iiisisti-d upon by (rreit Britain, we will consent to carry it in continuance on the same parallel to the .sea. (Jojiies of this in.struction will likewise lie foiwarded to Mr. Middleton, with whom you will freely, but cautiously, corresixuid on this subject, as well as in relation to y«mr negotiation respecting the supi>ression of the slave trade. 1 have the honor to be, with great resi)ect, sir, your very humble obedient .servant, John Qiincy Adams. Hon. Kif'iiARD Bu.sii, Eucoy Kxtf(inr ti'ito to you; luit I liavt- roiiixl licrc tliaf it is iii(lis|MMisal)ir to make some stati'nu'iits of lacts aii«l i)rincipl«'s in this case hcliirr I can ]>io('»'('(l i'lirtlici' in tlic ncii'otiation. I liopc you will appioAc of tin' «oni'st' I ani ])Ui'sniniL;', and tinit you will lintl tiiat I liav«' stiit<>(l cor- ii'ctly liolli facts and princiiilcs. F felt it to 1m' noccssary tn* hroai'ii tlu' sid)j('«*( in tliis in(»d(>, knowing tlu'cnctneons impressions wiiicii pre v.ail. I li:iv«' now urcat iiopcs. notwithstandinj: the untax (»iiil)l(' ap ]»('aian(Ts wliicii this affair lias woni for a few weeks past, thai it may take a new turn, and tlnit 1 may yet he ('nal)ij<'ct of tlie ne;i<»tiation. Sir Charles llaji'ot is n(»\v daily exjM'ctinji the return of his nu'ssenyer Avitii new powers and instructicuis respectinji' the sau'e inatteis. 1 mentioned in my last, and I now repeat, that I hav«^ a reasonable ex- ])ectation that he will 1m' instructed to ])ursue tiie coiiise of policy so obviously pointed (uit l»y the true int^Tcsts of ICn<;laiMl. ami sn^^jicsled by a sense of the ])ropri«'ty of lieiny consistent, ami of perseverinjn' iu the principles which marked the \ootka Sound contestation. Neither he nor 1 foresee any dilticulty in reconcilinj; and adjust inji the interests of (Mir respective c(aintries upon this (piestion. (P'or inclosures see American State Papers, Foreign lielations, vol. V, l>. -41U, ft sai) Mr. Rush to Mir. Adams. No. 3r).1.] London, D^crmhrr 19. IR'J.l. Sir: Since I last wrote, Mr. Canning;' has been <-outined ro his house l)y a sharp attack of gout; lu'vertheless. he wrote me a note the sed conler«'iice on the toiiic of tlie Northwest Coast. I wcTit accordingly ami was received by hiiu in his chamber. He repeated his wish to learn from m+' our general ;;roun(« upon this subject preparatory to his sending of!" iustriuitions to Sii' Charles 13a^ot. I at once unfohh'd them to him by srating that the pr(»posals of my (lovernment were, first, that sis regarded the conntry lying betw«'eii the Stony Mountains and the I'aciti*- (K-<'an. (Jreat llritain. tlie United States, and K'ussia should jointly enter into a convention, similar in its nature to tin; third artich' of the convention (»f the L'Oth ot' October, 181.S, now existing between the two former pow«'rs, by which the whole, of that country westward of the Stony Mountains and all its waters Would be free and open to the citizens and subjects of the three powers as long as the joint convention remainrcd in force. This inr\' (iovern- nicnt proposed should b<' for the term of ten years. ") And, second, that the Cnited States were williiiii' to stii)ulate to make / no settlements north of the titty first (iegree of noith latitude on that^ coast, provided (Ireat Britain sti|)niated to make none south of ."il ' or\ north of "m^, and Russia to make uouv south of .irio. -^ These, I said, were the lu-incipal points which 1 had to pnt forward upon this subject. Tlu^ map was spread out before us. and. in stating the points. I endeavored tro|>riate remarks as your instrnctifms snpplied me with, going as far as seemed fitted to a diseiiission regarded only as prei>arator^' and in- formal. \m I CORRKSI'ONDKNCK OF 18'_".'-IS25. IM Mr. Cjinninj; icpcati'd tliat lie liad not iiivi(«'(l inc to ciill upon iiini with any vit'w to discussion at itrcst'nt, but only to obtain Iroin mm' a statenu'nlot"tliL'i)()iuts, in anticipation of tin' opening' of the ncj^otiation, from the motive tliat he liad nuMitioned of wiitiii;;- to Mv. Haj;(>t. Yet luy .stateuH'iit naturally led to further conversation. He expressed no opinion on any of the points, hut his in(piiries and reunirks under that which pi'oi»oses to coniine tlu' Uvitish settlements Avithin ."»!" and j/**^ were evidently of a nature to indicate stroiij^ obji'ctions on his side, iutu^h he professed to speak only from his lirst impressi<»ns. It is nore i»i'oper, T should say. that his oi>j('('tions were directed to our pro- iiosal of not lettin]ii (Ireat llritain ^o al>(»ve .").") '^ north with her settle- ments, whilst we allowed Kussia to come down to that line with hers. In treatinji' of 'iiis coast he had supposed that llritain had her iioithern question with Kussia, as her soutlu'rn with the I'nited States, lie could see a numive tor the Tinted States desirinji to stop the settle- ments (»f (liear P.ritain southward; but he had not b«'lbre known of their desir«' to -^toj) them ntuthward, and, above all, over limits con- ee her territorial rijihts in America were bounded westward by the Mississippi: that if tin' Xorthwest and Ilinlson's IJay Companies ih)nv had settlements as hi<;h up as ."4^ or 't'*'^' we suppose it to be as much as could l»e shown, and were iM»t aware how Cireat ISritain c(»nltl make jLTOod hei' claims any further; tlnit Sjiain, on the contrary, had much lariitM' claims on that coast by riyht of discoveiT, and that to the whoh; extent of these the I'lnted States had succeeded by the I'lorida treaty; that they were willmji, however, waivinj; tor the present the full ad- vanta.ii*' of tlu'se claims, t«t forbear all settlenu'uts ncuth of 51 , as that limit mijiht be sutlicM'Ut to juixe them the benelit of all the waters of theCobunbia l{i\('r; but that they would expect (ireat llritain to ab- stain from condnj; south of that limit ov j^oinji abov«' "m^, the latter parallel bein;: taken as that beyond which it was m>t imainined that she Inid any actual settlements. The same parallel was proposed for the southern limit of Kussiii as the boundary within which the Mmpenu- I'aid had ;;ranted certain commercial piivile;;('s to his Uussian Anu'ri- can Company in 17!)!l; but that, in lixinu upon this line as I'c^^arded Wussia. it was not the intention of the I'liited States to deprive them- -clves of th«' ri;;ht of trathi- with the initives above it and still less to ciMieede t<» that power any system of c(»lonial exclusicui above it. Su<'h was the fieneial character of my r«'nniiks which Mr. Canninj; said lie would take into due consider:ition. In c(un-lusion I said to him that I should reserve myself tor the nei;otiation itself tor such further elucidations ol tlu' subject as mij;ht tend to sh(»vv the justice and rea- sonableness of our propositions. I have the lMnu)r to be, «'t«'., RlCUARD liUSII. Hon. John Qiincv Adams. Secretary of ISlatv. I .1 I 152 DIPLOMATIC ( •()KRi:SPONI)El!»ri5. No. 4.{.| St. PETKHSmKii. i;7/* Fchnmni. Lst Morrli, isi>r>. {\ioti'\\v{\ Miiy 2.) SiK: I linvetln' lionorto aci|ii:iiiif yoii tluir ; coiivciition Wiis si;iin'(l ycslcniay bt'twecn tlii' Hussian and liiitish |(i. nipotciitiaiios rclalivo to na\ i};atioii, fislu>ii<*s, and ronmicnc in tin* (ueat <>c«'aii, and to t«>r- rilorial demarcation upon tlic Noitlnvcst ('<»asi of Anin-ica. In a ron- vfi'salion liold tliis day witli Mr. Stratloid ( ;itinincal trade ami navijiation securei-, ior ten yeais upon the n«»rth- west Coast of AnuMica, tojictliei' with Un- mutual restrictions prohiliit- ini>' the trading' in lireaiins or spiritutMi>« iitpuns, are all sti|)idai«'d in tiie Uiitish as in the American Trear : ,iiul some new provisions are niach' for the priviicfje of relittin<;- veNt— -It* in tlie respective Ports, and no hiiiiier duties are to be im|»«K^ed rluni upon National Vessels. The tiiii'd article of this «'onvent.ion •-si;i,l»lishes the line of demarka- tion Itetween the possessions of tlie tw- nowcrs upon the Continent and Islands, as follows: It bejiiiis At the MMntlierninost point of Prince of Wales's Island (about ."i+o W). l«-avinj; rlie whole of that island to Rus- sia'. It follows the strait called Portland Pussaffc up to the fifty sixth dejiiec: then turns eastward luion tliat latitude until it touches the hijrhest ridyc of the chain ol' iii'Miutaiiis lyin*;- contiguous io and nearly parallel with the coast; it follows that ridye nj) to the sixtieth dej^ree, and then takes the din'ction of that dejxree of latitude until its inter- section with the one hiindreil and fortyiirst dejiie*' of longitude west of Greenwich; thence it follows that meridian north to the ley Sea. P.ut in case the ridge of the Mountain iyiiiKiiarallel with the Coast shall be more than 10 marine leagues from the Shores of the Continent, then the ost as more important in many points of view tlrnn one ui)on Columbia River, and as likely to iiave a most de- cisive intluenee in securing an advantageous settlement of limits with Kngiand. who will be anxious, low that her northern limit is estab- lished, to settle her southern boundary 11)1011 that Coast. I have the Inuior to be, sir. ver faithfully, your obedient servant, The 8Et'RETAUV OF kSTATE. llENKV MiDDLETON. ifoTK. — For Mr. MiddletoiiV all report of the negotiation of the treaty of Ir Majesty's naval t'oices on the I'acitic, station respci-tinfifthe aHcjicd seizure of three Jiritish C«>hiinbian seal sehooners by tlie llnit<'^f^Ct. (Received October L'L\) Sir: With reference to my note of the 27th ultimo. re(|uestin;;' to b<> furnished with any parti<'ulars which the I'liitjul States (Jovei-nment may possess relativ*' to the sei/ur«'in the North Pacific waters of three British Columbian seal schooners by the Uniteil States revenue (Miiisei- Coririii, antl to which 1 am witlmut reply, I have the honor to inform you that I am now instiiictetl by the I'^arl of Iddcsleijih, Her Ilajt'sty's l)rincipal secretary of state lor forei^jn aH'airs, to protest in the name of Her Majesty's (Jovernment agaiust such seizure, and to reserve all rights to comp«'nsatiou. 1 Lave, etc., L. S. Sackville West. Uarl of LhleHleifjh to Sir L. S. Saekeille West.^ FoRKKJN Office, Ootoher W, ^"^'W. Sir: Her Majesty's (Jovernment aie still awaiting a report (Ui the result of the appli<'ation which you were dircH'ted by my dispatch No. ISI, of tlie !)th ultimo, to make to the (JovcrnnuMit of the Tnited States I'oi- information in regard to the reported seizure, by the United States rcvenui^ cutter i'onriu of three Canadian schooners while engaged ia the pursuit of seals in IJerhing's Sea. In the meanwhile furtluM' details in regard t(> these seizures have been sent to this country, and Her Majesty's Government now consiiler it iuciunbent (Ui them to bring to the notice of the I'nited States (lov- einment the facts of the (!ase as they have reached tiiem trom IJritish sources. 'Left tkt tku Dupurlineiit uf Stiite by iSir L. H. Sackvillu Wust Novcuibvr 12, lb8ti. iiO 154 DIl'LO^fATK^ (^OUKESroNOENCE. It apiM^ars tliat tlic tliire si'liooncrs, iiiiincd respect ivoly tlio Caroliuii, tlic Oitirard, und ilie Thtn-iitoii, wcie titteU out in N'ictoiia, IJritisli Co- luiiibia, lor the rapture of seals in the waters of the Nortlieni Pacific Ocean, adjacent to Vancouver's Island, Queen Charlotte Islands, and Alaska. According; to the depositions inclosed lu'rowith ' from s«»ine of the ofllcers and men, these vessels were eiifiajied in the capture of seals in the open sea, out of sifiht of laiul. when they were taken p(»ssession of, on or about the 1st August last, by the I'nited States revenue j-utter Conriii — the ('arolina in latitude '>'>° .■»()' north, longitude 1(!S^ .">.'{' west; the Onward iu latitude TiO^ .■»2' nctrth, longitude 107° .'),'>' west; and tlu' Thornton in about the same latitude and longitmle. They weri^ all at a distanct of more than (»(> miles from the nearest land at the tinu' of their seizun*, an0 or 70 mi It's south soiitht'a>;t of St. (ii'or;fo Island, for tlu' olfiMisc ^>l' linn tin;; and killiiijij si'als within that part of lieliriii^L; Soa wliiidi (it wasallc^it'd by thr Alaskan iicws- jiaprr) was ct'ded to tlif I'nittMl Staffs by K'nssia in 18(!7. (3) riii»t thfjiidiv' ill his char^i' to flio Jury, after <|iiotiiiy; the tirst article of the treaty of the lidtli March. 1867, lietween Unssia and the I'liilod States, in which the western lioniHlary of Alaska is delined, went on to say: "All the wiiters within the lioiindary set forth in this treaty to the western end of the .Mcntian arehipohiKo and cliain of islands are to he considered as coiii]irised within I lie waters of Alaska, and all the jienalties prescribed by law against the killiii;; of fiir-lioarin^ animals innst, therefore, attach a<;ainNt any violation of law within the limits heretofore described. ll\ therefore, thejnry believe frinn the evidence that llie defendants, by thenisrh ch in ill conJniH'tion with others, did, on or about the timtM'liar^ed in the information, kill any otter, mink, inarleii, salile, or fnr-seal, or other fiir- bearing animal or animals on the shores of Alaska or in tlie Itehrin^ Sea east of l!l! of west loii^itiide, the jury should find the defendants e;nilly, and assess their piiiiishmeiit separatidy at a line of not less than ^I'tMl nor niore than f 1,0IH). or imprisonmont not more than six months. t that, if on intjuiry it should prove to be correct, the (lovernnient of tin'. ITnit«'d States will, with their well-known sense of Justice, at once admit tlu' illegality of the pi(»ceedinj;s resorted to aj;aiiist the IJritisJi vessels and the IJritish subjects above mentioiu-d, and will cause reas(»nal»h' reparati(Ui to be made for the wron;;s to which they have been snbjecfed and foi- the losses which they have sustained. Should Mr. Ilayard (hisire it, you are authorized to leave with him a copy of this dispatch. 1 am, etc., Iddesleigh. k. i Mr. Bayard to Sir L. S. SavlriUc Wist, Dei'aktmknt of State, WaxliiinftoH, Xonmlin- 13. IJ^SG. SiU: The delay in my reply to your h'tters of September 27 and Oc- tober lM, askin;>>° for the information in ujy posst'ssion concerning- the seizure l)y the United States i-evi'uue cutter Conriii, in the l>elirin'e your coninninic:ition of the :.Mst of October, informing'- nu> that ym had been instrtu-ted by the ilarl of Iddesleifiii, llei' SlaJ«'sty's principal secretary ()f state for foici-iii af- fairs, to ju'otest ayainst the seizureof the vessels above referred to, and to reserve all rijihts of <-onipeMsation. All of which shall receive lespectful (Consideration. 1 have, etc., T. P. r.AVABD. 15G DIPLOMATIC roURESPONDENCE. ^Sir L. ^'. i^aekrinc West to Mr. Bamod. Washington, Ihrt-mher 7, issn. (Ri'ct'ivi'd Det'ciulHT 8.) Sir: Referring to your note of the I'Jth instant [nltinto*! on tiie snl) jtM't of tiu' 8«'iznro of Britisli vessels in tlie IW'liriii'^' Seii,an(l proinisinjuto riHivey t<> nie as soon as jiossihlc tin* facts as ascertained in rlie trial and tin' rnlinj^s of law as applied by the eonrt, 1 have the honor to state that vessels are now, as nsnal, equipping in British C/olnnibia foi' tishinji' in that sea. The Canadian (Jovernnient, therefore, in the . absence of in- formation, sii-e desirous of ascertaining whether such vessels fishing in the op«'n sea and beytnnl the territorial waters of Alaska would be ex- ])osed to seizure, ami Her Majesty's (lovernment at the same time would be glad if some assurance wcndd be given that, pending the setth*ment of the questiti<*e the grave repre- sentations made by Her MaJ^'f^^v's (lovernment r«'specting the seizure of the British vessels (Utrolrna, Onicard, and Thornton in Behring Sea by the United States cruiser Coririn, to which nore|)lyhas as yet been received. On the li7th of Sei)teniber last 1 had the honor to address to you a note, in which I stated that her Majesty's Government reqnestearticulars which the United States Government might possess relative to this occurren<'e. On the 21st of October last I had the honor to inform you that I was instructed by the Karl of Iddesleigh to ])rotest in the name of Her Majo'sty's Government against siu*h seizures, and to reservi* all rights to compensation. In a note dated the 12th of N«»veniber last yon were good emmgh to explain the delay which had occurred in answering these c(nnmunica- lions, and on the same day I had the honor to comnumicate to you a dispat»*li from the Karl of Iddesh'igh, a <'opy of which, at your retpiest, I place have subjected their ]>roperty to f«)rfeiture and to have visited uptui their perstuis the indijrnity of iniprisonuMMit. Such proeeedinjjs tiierefore, if correctly reported, appear to have Ix'en in violatiuii of the admitted principles of international law. rnd«>r these cireumstances Her Majesty's (rovernment do not lu'si- tate Uy express their con«'ern at not havinj>' n^ceived any reply to their representations, nor do they wish to conceal the}>rave nature which the ease has thus assumed, and to which I am now instru(!ted to call your immediate and most serious attention. It is unnecessary for nu^ to al- lude further to the information with whi(!h Her Majesty's (i.tvernmcut liavi* been furnislied respcctin;;' these seizur«'S of liritisli vessels in the oi»en seas, and whi«'h tor sometinu' past has bei'ii in the possession of the I'nited Stiites (loveruiuent, because Her Majesty's (iov(U'nm»'nt d^» not doubt that if, on inquiry, it shouhl prove to be correct, the (Jovern- inent of the I'nited States will, witii their well kn(»wn sense of JusLLue, admit the ilh';4ality of the proceedinj>s resorti'd to aj;ainst the Brltiish vessels and the British subjects above mentioned, anaration to be made for the wrongs to which tlu^y havabe4,^n subjected and for the losses which they have sustained. In conclusion, I have the honor ajjciun to refer to your note of the 1 ith of Xovember last, and to what you said verbally to nu' on tliesanu^ n will understann when tiu^ opportunity of decision is attbrdcd to me. Von rc(piire no assurance that no avoidance of our international ob- liyations ne«'/cw«, Ohmvi/v/, and Thorn- ton have jeached the United States llovernnu'nt. 1 have, etc., L. S. Saokville West. Mr. Bayard to Sir L. S. Saclrillc West. Department of State, ^\'aHllin^/ton, Fel*rnary .?, 1887. Sir: T be;; to acknowledge your note of yesterday's date, received to-day. Upon its re<'ei|it i made instant application to my colleague, theAt- torney-dcneral, in relation to tin* record of the ,judi«'ial prot'eedings in the i-ases of the tliree British vessels arrested in August last in llcliring Sea f(U' violation of tlu' United States laws regulating the Alaskan seal tisheiies. I am infornuMl that the documents in question left Sitka on tlu^ 2r»th of .January, jind may be expected to arrive at I'ort Towusend, iu Wash- SEIZUHKS OF XHHG AND 1887. 159 ingtoii Territory, about tin It' iiistimt,Ho that tlic papers, in tlie usual course of mail, should be meivedby me within a foitniylit. In this connection 1 takeociasiou to inform you that, witluuit con- clusion at this time of any questions which may be found to be involved in these cases of seizure, orders have been issued by the Presiilcnt's di- rection for the discontinuance of all peudinjf proc«'edings, the discharj-e ofthe vessels referred to, and tlie release of all persons under arrest in couuectiou therewith.' 1 have, etc., „ T. F. Bayaui). •J Sir L. S. Sackville Went to Mr. Ihtyard. WasiiinuT(>i\, Fi'hruarn /, J8S7. (Ueceived February ">.) SiE: I have the houor to ackuowledj,'e theie<*'ipt of your note of the .'{d instant, informing me that without conclusion at this tinu-ofany (luestions which may be found to be involved in the t-ases of seizure of liritish vessels in liehrinj; Sea, orders have been issue0-l!(71,and have been in force for upwards of seventeen years; an liniior to iiirlosc you two printed <-o|)ies of tlio JiHliriiil pni ceiMliii{>:s ill tlie I'nitctI States distiict court for tlie District of AlasUa- Tii tlu? scvtMiil cases of lilicl ajiainst the schooners (hnratil, ('((rnlcmi, and Thornton, lor killing;- I'ur weuKs in Alaskan waters. Accej)!, etc., T. F. Bayaud. 4 (F(U iin'h»8ure sec Senate Kx. Doc. No. 10<», ."iOtli Conyn'ss, lid session, pp. 17-48.) Sir L. S. Saclrillv West to Mr. Bayard. J, Washington, An/ptst 11, /.''S?. (Ke«'eived Atjgust 12.) Rib: I have the lioiior to int'orni you that Her .Majesty's (iovernnient liavo leceived a teleyrani IVoni theconiniander-iii eiiiefof Her Majesty's naval forces in the I'acific, dated N'ictoriii, iiritish Cohunbia, Aujjust 7, itVjHtrtin^ the seizure by T' ited States cruisers ot lliree Hritisli Co- luiubian sealin;; schooners in ISelirinj;- Sea, a h)ii;i' distance from Sitka, an«l that seveial otlier v<'ssels were in sijtht beinj;- towed in. In conveyiu}'' tiiis infonimtion to you, I am i ((luested at tlie sanu* time by the Marquis of Salisbury to state that, in view ot the assurance« jiiveii in your note of the .'>d of February last, Her Majesty's (lovern- inent had assumefl that jtendinj; the coin-lusioM of discussions betwe«'ii the twoCJoverunicMts on jicneral (|uesli((us involved, no further seizures would be nnide by order of the L'nited States (lovernmeiit. 1 have, etc., L. S. Sackville West. . I Mr. Bai/ard to v/,- /,. s. ISaclrilte Wtfit. Dki'aktment of State, Wosliiiifiton, Anffnttt /,V, ISS7. Sir: I have the hond of l-'eltniary last, which you make under the instiiiction of the Mai(|uis of Salisbury, has (caused nu' to examine the expressions contaiiietl therein, and I can discover no j;rounl\i'd in liic'Hci'tisfhut'Nci/iirr, (irilcrH liiivr Ix't'ii JHsiit'il liy tlio I'i'oiili'iit's ilii't'riiiiii (or t lie (lisi.iiit liiiiaiK't' nf :ill IKMidin^ prnccrdin^fH, iii(> illsiliiii'iic iit' t lit- vcsm-Is ii'lrirctl to, iiiid ilir rclrasf td' till )iei'FtiMiM iiiidrr iirrcst in cDnnrition tlirrt'witli. Having; no reason to anticiitate any other seizure, nothin;^ was siid in relation to the ixtssihilily of such an oeeurrence, nor do I lind in our eorrespondence on the sul»jeet any j>i(tun(ls for such an iinderstandinjjf as you inform me had been assumed to exist by Her ISritannie .Majesty's Government. A short tinu' sin<'e, when y(m called upon me and personally obtained copies of the record of the Judicial i>rocccdin;>s in the three cases of .seizure in Auj^ust last in IJehriu};- Sea, nothing; was said in ri'lation to other cases. Wln'ther the circumstances atleiulant upon tlu' cases which you now rei)ort to me are the same as those which indiui'd the Executive to direct the releases referred to, renmins hereafter to be aseertaiued, and this with as little delay as the circumstauc«'s will permit. I have, etc., T. F. Uayaed. ; m; Ill Marquis of Salisbury fo Sir L. S. Saclvillc West. [Loft at the Uiimrtmuut of Statu by .Sir L. S. SnckviUr West. ScpluiiilHr •Jit, 1887.] Foreign Ofi'ioe, Scptemln-r 10, 18S7. Sir: By a disi>atcli of the 3(>th October last (No. 21 4) the late Karl of rddesleiiih instructed you to call the attention of the Tnited States Secretary of State to the cir(!umstanccsof tin- seizure^ in l>clirinf;'s Sea, by the American cruiser Co>'/c//(,of sttme liritish Cainidian vessels, and his lordship directed you to state to Mi-. Secretary l>ayarth Septcndx'r, you had been desired to a.sk to be furnished with any particulars which the I'nited States Government might possess relative to the seizures in tpiestion; and on the 10th October you were instru(t(>ndiii<^' |>i'oce(Mlin}j;s, the dis4'har;;e of the vessels referre«l to, and th(^ it'lease of all persons under arrest in connection therewith. On the 4th of April, undei' instructious from me, you impiiredof Mr. liayan', in view of the appr()a<'hin}^ tl^hinJ;• season in llehrinji's Sea, whether tiic owners of IJritisli v«'ssels mij;bt rely when not near land ' uiHiiolested by the cruisers of the United States, and y( i ajiain asked wlicii the record of tlu- judicial proceeding's niifiht be « Apected. Mr. Dayard informed you, in r«'ply (iL'th April), that the papers re- ferred to had reached him and were bein^' exandned; that there had been unavoidable delay in tVandnj; appropriate rcjiulations and issuinjj orders to the Cnited States vessj'ls to police the Alaskan wati-rs; that the Ifevised Statutes relating to Alaska, sections 1950 and 1971, (con- tained tlu' laws of the I'nited States in relation to themattt'r; and that tln' rcfiulations were beinj>' considered, and he would inform you at the earliest day possible what had bu'U decided, so that IJritish and other vessels might govern themselves act dinj-ly. In view of the stattMuents niad«" by Mr. Ilayard in his note of the .'{d Kebiuary, to which I liav»' rel'ci'j'cd above, Her Majesty's (lovernment assumed that, pendinj;' a conclusion of the discussioii between the two (iovernnients on the geuiual (|uesti(m involv«'d, no I'mther sindlar s«'iz- ures of IJritlsh vessels would be nnuie by order of the Unitecl States (lovernment. They learn, however, from the contents of Mr. Bayard's note of the loth ultimo, iiudosed in your dispatch. >'o. 24"), of the l."ith ultimo, that siu'li was not the nieaninj;' which he intended should be attached to his communication of the '.U\ Kebiuary; and they deeply regret to lind a proof of their misinterpretation of th« iidentions of the United States (Jovernment fnaii an announcement recently received from tlu' comnnuuler-in <'hief of Her Majesty's naval foic«'sin the Pai-itic, that several more liritish vessels engaged in seal hunting in Behring's Sea have be«>n seized when a long distance from land by an Anu'rican rev- enue vessel. Her Majesty's (Jovernment have carefully considered the transcript record of the judicial ])roce»'dings in the United States district court in the several eases of the schooners (>tiroliii, and 79 ndles, respectively, south southwest of St. Ge()rg«''s Island. It is not disputed, therefore, that the seizures in i|uestion were ettected" at a distance from land far in excess of the limit of maritime jurisdic- tion, which any nation can <'laini by international law, an to !><• Ibmnit'ii (hi rlif e\ft>ptioii;il title 8;ii«l to luiv(^ been coiiv ('\«'il to tin- liiitcd Sialics Ity Itxissia at tiie time of the cession of the Alaskii 'IVri-iror\ . The pretention wiiieli l lie Kos-uin (lovernin' iii it cmetiini' [ml torwiird to exehisive jniisdietioii over tiM* whole of lit'linni;- Sesi was, iiowever. never admitted either 1)\ tlii^ (•»»nnrr\ orthe Tniled States of Aniei'iea. On the contrary, it was streiiii*»HHly lesistecL as 1 shall presently show, and the American (ioveinment nam hardly ttjiim to have received troin liussia rights which tlie\ dechmMi to he ina«itniissai»le when asseiteiliiy the J{iissian (loxci iinuMir. Nor ilo»*s it appem from the text of tin- treaty of 17 that Ifnssia eithei intended oi i»nrpoiite:rant, for by Article I of that iiistrnmeni liusst^ia a;;ree«l to cede to the I'nited States all the icrritoix and donnuion rheii jtosHes-.ed Ity liUssia''on the continent of America and in tin' adiac<'nt islamis"' within certain ^eo-^ia pineal buints describoi. and no mention was nnule of any exclusive ri;:ht over tiki*- waters of IMn-inu S«*;i. Moreover, whale\er ri;:hts ;is rej^ards the -pective snbie<'ts and citizeiif maybe reciprocally lonferred on tli- issi;.n and American (rovernments by treaty stipnlation, the snbjecis llcr Majesty can not be thereby alfeeted, i'\ce]»t by -special arranp-inrnt with this counfry. With regard to the e.xclnsive claims advanifcd in time> past li\ llns- sia, I transmit to yon docnnnnts commnnicated to the Cinted Statt's Congress in 1.sl"J, wlii«li show rhe \ m-sv taken uy ;;he American (iovein- ment of these preteidions. In l.siil the kii\perorof K'nsHialiad issued an ••-liiit esrabiishing "riiiiies for the limits of navigation and order of cominininfMtion alo!t<; the roast of the eastern Siberia, tlie iiort hwesit-in coast (if Ajuerica, iUid the Alen tiau, Kirile, and othei' islands." Th*- ti •■!* section of the edict said: 'I'hf 'I- I ii 1)1' cniiiiiieiit.'. wliiiliittj. ;iii in^li- nT i Iic iii>rtli\\<^t i ii;isl of AliHTini. lu-- ;;iiiiiiii^ trim lifliriiiy Siriiiis t" iIh- ." 1st il«';;riM' << .'Viloiitiaii tmcnMlH to tlii' cMNtei'ii ici.isr nt' >il» i. ;. Jbinui b»4ir»ii«j: Straits to the soiitli iiiix' •►! • !■- iiMatberii IxxmiM^f. In exclimively ^t'iiiili'il -so i, i^hi. And i*em«fn 1' stated: It in. I i- prohiltitctt to iill forciapi vi-sHels, m>t only to kaiid on tlic coiwt ami laMKincU >' til UiiKsia, iiB NtMti'ii alH)\i<. Imt n'lsn in :i)i|)r«ii"'li tlieni ^vitl1lcll leMw ' lai l(«i .iLiai mill's, 'I'll!' traiisuTHHUor s vi'881'1 is Miil»|t-rt <-iiiilisciitiou. .ilmi^ ■viiL 1 Ije "■'ittif rai'iio. ^«^m)^ II tIi^'sc regulations wa> <»tii(Mally conimunicaiTed to the jcjimt- > "^Tate by th*- UusHian minister at V\ ishington ft tlie fi ' jJ. wliereiipoii Mr. uiney Adams, o I he L'otli o :liat n>inrth. arret utorii ii;g him rhar the l*re«id<'nt of the I iiited States had s*'^-!! Avttli >tiri>ri.-.' the asHerrron of a T*».rritorial ciami (»n the part of UiaKHJa ei.vtittnding 1-' the tifty tirst degret- of tu)rtli latiMnieon the Amer ican coiiriuieiit, am .i legnlat/inn inrerdieting to all conMnercial ves.sels other riiaii ItussiiLi upon tht- peuaUy of sei/.iire and conhscation the approacii upon tlr- ingli seas a irhiii ItMt Italian miles of the shores to which that claim 'as made lo ;ippl,\. went on to say that it was ex- ]U'('ted. before an.\ ct which should deline the boundary between the territories of the f iiiteus.-':,ii minister was an- thorized to give ex]^>li»«at ions of tlie ''j^nMind of right upon priuciides IIIH'I JH'I H ■ I .M ni. ■iiiiit^ts. It II iiili>: also ii'oiii I Uf I": till' |\ iirili' iHl.'iiMifl . \ 1/, to the I,' at) ul' 8EIZrRKS <»!•' 18H(i AXIJ 1887. Ifif) ;i«Mii'isill,v rccojiiiizcd !>> tin; laws iuul iisayes of nations wliicli ciiii war- rant tin* rlainus and rr^ulatious." Tiic Unssian minister in liis reply, dated the -Stli Febrnary, after ex- ])lainin<; liow liussia had acquired her possessions iu North America, said : I oiip;lif, ill tlic last ))lnci', to rct|ii('Ht yon to considiT. sir. tliat tim UiissiHii posHi's- Kioiis ill tin- racilic Occin t\t(iiost4('ssioiis ronii till' I i mi Is I'otiipri'lii'iiils all tlic conilit ions \vlii<-li ant niilinaiily at lac lied to si Mil seas i • uu'is i'i:nii(is' ). and t lie liiiHsian (iovcniniciitniinlit consci|iiciitl.v Jii|)rci- all,\ I hat oC fill ircl.v intt'i'dictinif the I'lii lanci' of roicij^iirrs ; lint it iin-fi'ircd only iwsfitiiin- its I'ssi'iilial rinliis w iilioni takiiiu adNanta<;'i' of localities. On tlie.'iOth March Mr. .\dains replied to the explantitions ;ii\('n l>y the [itissian minister. lie stated tiiat. with resjieet to tlie p'.elii sin'i advancetl in rejiard tolerriloiy, it must he considered not only \\ il'ii i^!"- <'reiice lo tile tpiestioii of lenitoiial ri^lits, lint also lo tliat pri'\\ \essels had freely na\i,t;aled these seas, the lijiht to navigate tliem ! e in.u'a pari ol that indepeiideiice; and with rej^ard to the si|o;;'estiiin I'lat "the IJnssian (lovernmenl miiilil have Justified the exercise of soNcr- ei/iiity o\ er the I'acilic ( )cean as a close sea, 'hecanse it claims terriio, y lioth oil its American and .\siatic shores,* it may sntlice to say that tln^ distance from sliorc to shore on this sea. in latitude 51 ' nortii, is not less than IK) of lonoiindeor l,(>00 mihs." iMr. Adams ccmclnded as follows: 'I'lic President is |ierHnaded that tlio citizens of this Union will rcniaui nnmolesteil in the |irosccnlion of their lawful coninieicc. and that no clfctjt will bo ^ivcn to an interdiction manifestly iiu'oin|iatililu witii their ri^rhts. The «',(ni\entioii iietween the Ignited States of America and linssia of the I7th ,\i)ril, ISl'l, put an end to any further pretension on the pait of Russia to restrict navijuation or lisliino in IJeiiiing Sea so far as Ameri- can citizens were concerned: for i»y .\rticle 1 it wasajireed thai in any part of the (Ireat Ocean. (-(Uinnonly called the I'acilic Ocean or South Sea, the respectiv*' citizens or snhjects of the hi;;'h contractin}^' p.nveis shall neither be distnrl)ed inn- restrained, either in navigation or lisli- iiifi, savinjicertain rest liet ions whii'h are not material to the prt'sent issue; and a similar stipulation in theconvention between this«'onntry and liiissia in the followinj>' year (loth May, isij.")), pnt an eml as re- ;;'arded liritish subjects to the pret«'nsions of Ivussia to which 1 Ic.ive leferied, and which hiid been t'litirely repudiated by ller Majesty's (iovernmeiit in c(n'respoiideiicr with the Kiissian (iovernment in 1S21 and IS2L', which for your more particular inforimiticm 1 in«'lose lu'iein. Her Majesty's (Jovernmeiit leel sure that, in view of the considera tions which 1 have set forth in this dispatch, wliich yon will communi- cate to Mr. Hityard, the Govei iiment of tlu^ I'liited Stales will admit thiit the seizure and condemnation of these r.iitish v»'ssels and the im- prisonment of their mast«>rs and crews \ver«' not warranted by the cir- eumstanct's. and that they will be icady to atVovd reasonable compen- sation to those who have sntfered in consopieiice, and issiu' iinnu'diate instnictions to their naval otiiccrs which will [neveut a reetirrence ot these reji'iettable incidents. 1 am, etc., Salisuiiry. ■ 1G6 BIPLOMATir CORRESPONDENCE. Sir L. ■. lU.yard, V<'\siiiNGTON, October I, 1SS7. (Kecoivcd October 5.) Sir: T have tlin honor to iiM'h»s«' herewith a U'ttw iul(h«'s.se ](08sossion of th<' Canadian (loveinment thr(»n,i;h tli«' cajitain of the scaling; sehoonei- Al/rril AtltuH.s. to wIhmii it was liiven by tl«<> tirst hcntvnant of the I'nited States rcwnne-cntl*'!' h'ifhanl tiimli. after boardinjj^ the said sehooner and e(>iiliscatin.u the sldns and arms ('ontaintd in licr. His ex«-ellen<'y ady tht* minister of marine in the report trans- mitting it as sealed and nnn|»ened appears to iiave been worn thronjjh at one nid in transmission by post. 1 iiave, etc., L. S. Sackville West. [InrliMinT.] Capiaiu Shcpard to the United Slalt's dixlrirl atlorueij and United State$ marshal of Alatha. U. H. Revkxi'k Stkamkk h'rsjr, liehrniif Sai, .tii;iii8l tl, 1SS7. fiKXTi.KMKX : I have the lioiutr t" inl'iirin yiui I lial I Iiuvn tliis day sci/ml t lif lliitisli Ri'liitoiior Alfred J loiiiK. ot' N'icioria, li. ('.. \V. II. I>ycr, mastc r, anil llii;.:li McKay, of Vii'toria. H. ('.. iiana^riii;; owner. Cor viol.ition of law, .sertioii l'.i,'i(i, K'tn iscd Stafiilcs. I liavit liikiMi llicsi-al skiim (wliirli will lie ilrliN crt'il to tin* (luili'd Sial<-H dcpiity inai'.slial at Ooiiala.ska I and his arms on hoard tli« I'liitt'd States revenue wtean'er liiinh, and ordered tlie eaplain to proceed with his vessel to SitUa. Alaska, and on his arrival to Net his erew at lihcrty, and to report in person to you, an<'. I havi' to ^e(|n(^st that you will take cJiar>;e of this ves.sel and her ollieers nntil I I'an a))pe!iriu tho United States district conrt agaiust them, about Septeniher 1 next. 1 um, etc., L. (». Shki'arii, Captain United Utatct lieienue Marine. ! i I Mr. Bayard to Mr. (larlond. DepartmI'^.nt of State, W'fisliiiiytdii, Ociolxr r, 1f^fi7. Sir : T have the honor to transmit to you herewith, for your informa- tion, a copy of a not«' to this Department from tlie British minister at this capita!, iindosinp: a letter, adhiml)ian ves- sels (Iraee, Doljthiii, and \V. P. Sai/trard, seized hitely l>y the United States revemie entter liicliard ItLKsli, and at tlie same time, as in the eases of the Omciiid, Carolina, and Thornton, to reserve all rights to eompensation on behalf of the owners and erews. 1 am also instruc^ted to jioint out to yon that according to the dejiosi- tion of the mate of the W. l\ Sayn-avd, a copy of which is inclosed, no seals had been taken by her crew in Beliring's Sea, as is ailegeljth'n>, and ir. I'. Soj/n-artl, sv'\/A't\ l>y the United Stales revenue auth.tiitics in Behring Sea, witli notiticaticm that Her Britannic Majesty's CJovern- ment reserves all right to compensation on behalf of i!ie owners and erews of the above nu'ntioned vessels. The al1id:i\ it ot I he niiite of thr W. P. Saifirant has been read, and the facts tlierein slated will l»e at once investigated. I have, etc., T. F. Bavaud. Sir L. S. Savlrille West to Mr. Bayard. Washington, October If), 1H87. (Received October 21.) Sir: I have the honor to inform you that I am instructed by the Maronis of S;:lisbury, Jler Majesty's ])rincipal secretary of state for foreign affairs, to protest against the seizure of the (Canadian vessel Alfred Adams, in Behring Seas, and against the continimtion of simi- lar proceedings by the Uiiued States authorities on the high seas. 1 have, etc., L. S. Sackville West. I I I I 168 DIPLOMATIC rOKUKSPONJiENCE. I ;V>'> Mr. Bayard to iSir L. S. kSaclrillr Went. Department of State, Wash in!f ton, (Mobcr ::.% 1SS7. SiB: I liinl tli(* lionor of rocciving last evriiiii;; your note oltlu' IS'tli iiistaut, convoy Jiji' tin* instrnctiou to you by the .Miin|uis of Sulishnry tliat you sliouhl protest a^ain^t the seizure of the Canadian vessel Alfred Adamit in ISehiin;-- Sea, anth instant, piotestingagiiinst the seizure of the Britisli scho (li<' necessity ol' tsiknig steps for tlic belter protection ol the fur seal llslicries in ricliiiiig Sea. Witliout raising any (jnestion as to the exception. il measures which the |>eeuliar character of the |iroperty in (piestion Jiiight justily this (iovernment in taking, and \\itli(»iit relercnce to anyexecpiional marine jiuiidietion that might i»ropeily he elaimed far that end, if is dcemcarts of the world lias driven ihem from place to place, and, by Incaking u[i their habitual resorts, lias greatly reduced their number. Under these <'ircumstaiU!ea, and in \iew of the <'omm(Mi ijitercst of nil nations in preventing the iinliscriminate destmction and eonsecpienti 'Identic iiiHtriKtionH wore snnt to tlio lliutcd HtatcH inuuHterb to U«rmuuy, Great iiritiiin, .)a}i)(u, UiiHHia, uiul >S\vfrt:uitl,v to the coiiiiiu'ieiiil Wdiltli and jit'iicial iisu of maiikiiitl, you arc licrchy in- striictc'd to draw the attention of the (lovernineiit to w liich you arc ac- t'lcditcd to the subject, and to invite it toeiiter into such an arraii;;eiiiciit with the (J(»veniincnt of tiie United States as will ineveiit the citizens of cither country from ircsenl are imrsiicd, and whi<'li threatt'ii the si)ecdy extermination of tliosi' animals and consequent serious loss to mankind. The ministers of the United States to Crermany, Sweden and Nor- way, Russia, Jaiian, and (Ireat llritain have been each similarly ad- dressed ou the subject referred to in this instruction. 1 uiu, etc., T. F. Bayard. l^o. 490.] Jl/>'. Me Lam- to M). Jirnjard. Li:(iATI<)N OF TllK UXITEI) STATES, Parin, (Mohcr :J:J, lbS7. (IfiM-eivcd Novemiier 11.) Sll{: Referrinji' to your No. 'J."»i!, of Aujiust l'.>. instriictiiiji'- Mr. Vij;- naud to draw the attention of tiie French (Jovernment to the necessity of taking- stei)S tor the better protection of the fur-seal lisheries in IJelir- iiifi Sen, with a view of obtaining its co(i|ieratioii with the I'liited States in measures inleiitlcd to reach that end. I have to state that .Mr, Klou- rensis williiifi- to consider favorably any i>roject of interna tioiial arrange- ment yon may be disposed to submit coiiceniing the inatt«'r. I inclose herewith a translation ol a note received tVoin Mr. l-'lourens which explains his view. The note of September IT, to which he refers, is simply an acknowledynieiit. i have, etc., Koiiinn M. McLane. [Ilii'IoHiirr with N'li IIMi — ri.iii.MlatiiMi.] Mr. FtoiinitH lo AJr. Mel. am. l'A!!l>. n,l„h,r.Jl, ISS7. Sir: Mr. Vijiii:»nf .Ui^^iist last that tile I'll i It'll Stat»-< \ iTiiiiitiii was ilcsiiniis nl' inn-iiltiiin with tlic |ii'iii<'j|ial nations iiit»'ii'stt' to iicknowlt'(lf>e your No. 41)0, of the L'lM ultimo, tiaiis- niitting <'0|>.v ot"ii note of \\w, UlstofOctolKM' fnnu Mr. Klouiriis, iiitorin- ing this (lovt'i'imioiit of tin; willinyiu'ssof tlio Froncii Kcpuhlit;, though tbt'iT. are not many Krcuiih shii)s engaged in the seal hshorics, to ron- I'er with us or to examine, any draft of a fonvt'Uti«)n intended to regu- late those fisheries in Hehring Straits. This response ot the I'-renc^h (lovernment to our invitation is very sat- isfiuitory, and in due time further iustruetions on the subject will be seut you. 1 am, etc., T. F. IUyard. Mr. Bayard to Mr. McLanc.^ No. 293.] Dpu'Artment of State, < Wanhinfftoii, February 7, 188S. Sir: I inclose herewith, for your infoiniation, two printed i-opies of an instruction^ of tliisdate to E..). IMielps, FiS«|uirc, United Stat«sniin- istci- at London, in response to a roi)er methods by the citizens of either country. 1 am, etc., T. ¥. Uayard. Mr. Coleman to Mr. liayard. No. 408.] Legation <>f the UNiTKn States^, Berlin, September I, l<\s!'. {l{eceive«l Sfplember 17.) SiK: 1 have the honor to inclose herewith a copy (»f a note I have today addressed to the foreign otVice in execution of your instruction !No. Ii4(>, of the llHii ultimo, relating to the necessity oi ineasures being adopted for the better protection of the fur-seal lisiieries in Uehring Sea. 1 have, etc., Chapman Coleman. [Inolosure with Mr. Coleman's No. 498.] Mr, Coleman to Count von livrchcm. No. 311.] Legation of tiik UxnicD Siatks ok Asfkhica, />V»/i«, Seplimhir 1. IHSJ. The iiuilorsignod, charjj;d d'atlaircs ad interim <»f tlu> I'nititl Statrs of AiiuTica, has the lioiiur, noting iimicr iiiHtruc-tioiia from his (iovcrunu-iil. to iiifunii Count voii \W\- ' Id Itcllcr |iroi<'('lioii ol' tin- t'lir-ttciil lislicrieN in IS*'lii'iii<; Si-a. Without raising any i|ii('Hlioii as ti> tiir (>xct'|>lioiial iiit'Hsiii'cH which tlio peonliar churactcr ot' thf iiro|MTl_v in i|iifsiii' nii^iht JiistiCy the (iovcriinn-iit of the I'nilt'd States in takin4ilirtion tiiat nii;;lit |iro|)i'i'ly lie riainiril lor tlial rud, it has liccn iteenieil ailvisaltlo to Heok to at- tain the lii'sii'i'd ends l)y inti'i'iiational roitpcration. It i^4 well known that tlio niii'e;;'nlatril anil iuili.sci'iininat*! killing of HealH in many IiartH of (he world has diivrn thrni from ]ila('e to jiiace, and hy l)rfakin tlit-ir laliitnal resorts has j^reatly rednreil their ninnlier. Under these eireuiiisiaiireH and in view of the eonnnon interest of all nations in preventin<;' the indiserimiiiate destriiition and eonseijuent extermination of an ani- mal whieh eonti'ihntes so ini))ortantly to the eonniiereial wealth antl (General use of mankind, the (iovei-nmont of the I'liited States has instrueted the nnilorsiy;ned to present the suhjeet to the attention of tJie Imperial (Government, and to invite it to enter into sneh an arrangement with the (iovernmeut of the I'nited States aH will jtrevent the eiti/.eiis ol' either eonntry from killinji; seals in J{ehrin;;Sea at siieli times and plaees, and hy sneh methods as at present are pnrsneii, and which threaten the Njieedy extermination of those animals and consei|nent serious loss to n>ankind. 'i'lie nndersi)r||)>d liegs to a, 1887, I liiivc now to say that owiiiji' to tlu' altsnicc fn»)ii liOiitlon oi' liOid Salis- Idiry, st'cretiiry of state I'nr Ibrt'ijjn an'aiis, it lias not been in my power to obtain his attention to tiie subject until yesteithiy. I had then an intei'view witii him, in whieii I pioposeil on the pait of the (iMverniiH'iit of the United States tliat by mutual aorccment of the two (loveinnients a code of rejiulations should be adopted for the pres- ervation of the seals in l>elirinMer times ami by improper means by the citizens of either country; such aj;ree- meiit to b«' entirely irrespective of tiny (piestions of contli<;tin}j;' juristlic- tion in those waters. His lordship prom)»tly actiiiiesced in this proposal on the part of (iieat liritain and suj;j;'est«'(l that I should obtain from my (Iovernment and submit to him a sketch oi a system of regulations whiidi would be iidequiite for the purpose. I have therefore to recpiest that I maybe furnished as early as possi- ble w ith a (halt of such ii code as in your Jud;;nient slioidd be adopted. I would suj^;iest also that copies of it be furnished at the same time to the ministers ol the I'nited States in Gerniany, Sweden and Norway, Knssia, France, and .hipaii. in order tluit it may be under considera- tion by the (.iovernments of those countries. A mutuiil a};teenient be- tween all the Governments interested may thus be reachetl at an early *iy. 1 have, etc., E. J. Phelps. ■na 172 UIPLOMATir fOHRKSPONDKNfR. No. 733.] Mr. Jtayitrd to Mr. riirlpx. DKI'AUrMKNT OF STATK, \\'anlii)i(ftestion of luutiuilly ajireeiu};' to a eode of re{;ulati(Uis is very satisfaetory, anil the subjeet will have im- mediate attention. 1 am, ete., T. F. Bayard. Mr. Jiayard to Mr. Phelps. No, 782.] Deparimknt of State, Waxliimjtoii, Fi'hrum-y 7, 1888. Sill: I have received your No. (»1S, of the 12tii of November last eontainiii}'' an account of your interview witli Lord Salisbury of the ]»reroposal of an agreement between the Tnited States and Great Uritaiu in regard to tlie ado])tion (»f concurrent re<>nlations for tln' preserva- tion of fur seals in Jlehring' Sea from extermimition by destruction at improper seasons and by im]»rop«'r mctliods by the citizens of either country. In response to his lordshi|)'s suf>ji('sti(m that this (lovernnu'iit sub- mit a sketch of a system of reynlations for the purpose indicated, it amy be expedient, before mai^inji a detinite ju'oposition, to describe some of the conditions of sea! life; and for this purpose it is bcliev«'d that a coiicise statement as to that pait (tf the Mfe of the seal which is spent in IJehriny Sea will be sullicient. All those who have mas and of the emigration ofthe seals from the islamls in tlu» autumn the females ar»'o(!cni)ied in suckling their young; and by far the largest part of the seals found at a distance from the islands in Behring Sea (luring the summer and early autumn aie te- males in search of food, which is made littlo food while oil the Islaiiils, wliciv iht-y rciualii };'iiarr bluhber which tliey liave secretetl luMieatli their skins and which is •gradually absorbed durin^i the five or six sue»'eedin;i' months. Moreover, it i< im|»ossil)le to distin<;'uish the male from the female seals in the watei-, oi' |)re<;'nant fenuiles from those that are not so. When the animals are killed in the water with liiearms many sink at once aiul are ne\«'r recovered, and some authorities state that not more than one out of three of those so slanjiliteied is «'ver secured. This may, however, be an over«'stimate of the nund>er lost. It is thus ai>i>areiit that to permit the desi ruction of the seals by the tise of lin^arms, nets, or othei' mischievous means in Uerin^i Sea woideceud)er. issd, that I will (pu>te there- from the followinji jM-rtinent passaf;e: 'I'licif wcif ivillcil llii.s st'iir, s(i lio-, I'nmi 10. ()()() Iti ."i().()(Kl liirsi'uls, wliicli Iinvf Ikcii tal\<'ii l>y s('liiniiiri>. I'roiii S;in I'imiicim'o mid Nictnrin. Tlic ;;ii'iitrr iiiiinlicr wtTc killi'd in lt<'lii'iii<; S(m. miiiI w frc iii'jirlv :ill cows or t'ciiialc seals. 'I'liis fiioi'iiioiis catcli, willi till' iiiricasi- wliicli will take ]>!ai-i' wlicn tlii> vessels litlinj; up eviTV ,\i'ai- aii' ready, will, 1 am afraid, soon deplele our I'lir-seal lislieiv, and it is a )rreat pity that siieli a valiialde indiisliy could not in some way lio protected. ( Ifepori of 'I'lioiiias Mowat, inspcM'tor of lislieiits for lirilisli Colnnibia; Sessional I'ajier.s, \tt\. 15, No. Hi, p. L'lW; Ottawa, IXXl.) The tmly way of o))viatinj,' the lameiitabh! restdt above predictetl a]) pears to be by the rnited States, (Ireat Britain, aud other interested powers takinjii' concerted action to prevent their citizens or subjects Ironi killinji' fur seals with liiearms, or other destructi\(' weii|ions. m>rth of.")(Pof iHM'th liititiide. and between Klb^ of lon;;itude west and 170" of huij^itude east from (Jreenwich, diiriiiji the period interveidn;;' be- twi-eu April l."> aud November 1. To prevent the killinj;' within a marine Ix-lt of 40 <>. •*0 miles from the islands durin;;' that period woidd be inetVectiml as a preservative measure. This would clearly be .so tlurinji' the approach of tlu' seals to the islands. And ttfter their tir rival there sucli a limit of prot«'ction would als(» be iusunici<-nt, since the rapul proj^icss ot tlif seals thr(m,uh the water enables them to j>d {>'reat distances from the islands in so shtut ti time that it hits been <"al- cidated that aii oriliuiiry seal couhl •;'o to the Aleutian Islands aud back, in all a distance of .'>(tO or 100 ndles, in less than two nt under the direction of the .Vlaskii Commercial Comjtany, which by the terms of its contract is not permitted to take over 1(K>,(I0(» skins a yetir, no females, pups, or old bulls are ever killed, iind thus the breediuj;' of the animals is not interfered with. The old l)ulls are the lirst to reach the islamls, where they await the ctuniuf;' of the females. As the yoiino- bulls arrive they are driven away by the old bulls to the sandy ptirt of the islands, by themselves. And tlu'se tire the animals that are driven iidand ami tlu're kdled by clubbinji, so that the skins are. not pertbratetl, and discrimimition is exercised in each case. That the exterminatitui of the fur seals must soon take place unle.ss they are protected from destruction in Jiehriii,n Sea is shown by the fate ol'the animal in other parts of the world, in tlie aitsence of eonce-ted action amono' the mitioiis interested for its preservation. Formerly many thousands of .seals w»>re obtained annually from the South I'aeille Islands, and from the coasts of Chile and South Africa. They wer*' also 174 DII'I-OMATIC COHI{F-SI'(»Nl atljiicciit sras. But in tlioso islamls, where ImiMlrt'ds of tlioiisiiiids of skins won' l«»iiin'rly ohtiiiiM'ii, tlieie have Im'cii tiiUen, iircordiiii;' to best stiifistics, since ISiSl), less tiniii 1, .">()() skins. In some pliU'CM tlie iiKJiseriininjite shnijiliter, espeeiiiliy Ity use of lirenrnis. Inis in a few yo;ii's resulted in eoin|>lelely hreiikinj;; up extensive r()ok«'iies. At tlu' present tinu' it is estiniatetl tliat out of iiii iiff;:je;jiite yeiiily yield of Isr»,(MM» sejds from ;dl parts of tlie ;i]ol»e, o\er 1.'{U,(MI(>, or more tliiin two tidrds, :ire olit:dned from tlie rookeries on tlie Americiin iiud Kussiiin isliinds iu Helirin;; Sea. Of the reiiiaii'der, the lar;;('i' part are taken iu Hehiiii;:' Sea, althoii^^h such takiii<>-, at least on siieli a seale, in that quarter is a eomparatively reeeiit thin;;'. Itiit if the killing of the fur seal there with lirearms, in'ts, and other destructive iuipleiiu'iits were permitted, hunters would abantion other and exhausted i>la(!es of pursuit ioi' the mon' i>rodiu;tive Held of Uehrin^Sea, wheie extermina- tion of this valuable animal would also rapidly ensue. It is manifestly for the interests of all natioiiK tliat so dei^orable a tiling' should not be allowed to oeeiir. As has already Iteen stated, on the Pribilof Islands this (iovernment strictly limits the uuudier of seals that may be killed under its own least' to an Amerij-an company; and citizens of the I'nited Stati's have, duriiij,' the i>ast year, been ar- restt'd and ten American vessels seized for killiiiy fur seals in Behring Sea. Kuyland, however, has an <'specially yreat int«'rest in tliis matter, iu addition to that which she must feel in preventing the externiination of an animal which contributes so much t^t the ^ain and comfort of her peo- ple. Neai'ly all unlr. A. Howard Clark, in response to a re<|uest made l)y this Department to the U.S. Fish Commissioner. I inclose also, for your further infoimation, coi>y of a letter to me, dated December .'Ul last, from .Mr. Jleiiry W. Elliott, who has sjient much time in Alaska, engaged in the study of seal life, upon which he is well known as an authority. I desire to call y(»iir «'S|»ecial attention to what is said by Mr. Klliott in respect to the new method of catching' the seals with nets. As the subject of this disjiatch is oiu' of great imiiortaiuie and of im- mediate urgency, 1 will ask that you give it as early attention as possible. 1 am, etc., T. F. BAYAUl). (Fcu" iuclosuri's see Senate Ex. Doc. No. lOG, Fiftieth Congress, second session, pp. 90-i)G.) rilOl'O.SKIi INTKI.'NAIIuN Ah MKASIKKS, IH«7-a8. Mr. I'lirlpn to Mr. Hin/anl. 175 No. 01M).| l,K(iATION OF Tin; I'MTKl) StATKS, l.ouiinu, Frhriniri/ Is, /.s.s.s. (IJfcciviMl l-'chnmry IfH.) Sii{: I rcccivtMl yrstt-i day your instruction No. 7SL.'. under dutr of Kcluniuy 7, irliitivf to tlu' Alnskiin s«'iil lislicrit's. I ininu'diatt'ly ud dit'ssvd ii note to liord Sidishury, inrlusin^- lor his pt'insiil onr ol' the printed copies of tlic instruction, iiiid requesting; un ii|)pointuient for an early intervi»'\v «ui the sultject. I also sent a note to tin- Ifussian andiassador, and an interview with him is arranged for the -1st instant. 'I'ln> whole nnitter will receive ni,\ ininiediate and thorough attention and I hope for a favoralde n'sult. Meanwhile F woidd ask your ouisid- eration of the inanntM- in which you would propose to carry out the n';;uhitions of these tisherics that nniy l»e a};reed upon hy the (u»unt lies inten'sted. NN'ould in»t le^iislation he necessaiy ; and, if .so, is there any hope of ohtainin;;' it on the part of Congress If 1 have, etc., E. J. PlIEI.l'.^. Mr. l*lulp.s to Mr. Utii/nrd. |K\lriirt.| No. (!02.] Lkcation or tiik irNrn:T) Statics, Lntnliiii, Frhrtiarif :.':'>, isss, (L'cccived MarclHl.) Sill: Keferrin;;' to your instru<*tions, nuinhered 7SL*, of l-'ebruary 7, ISSS, in r«'ference to the Alaska seal lislu'ries, and to my reply thereto, numl)ered (ilKI, of l<\>l)ruary IS, I have the honor to inform yon that I have since had interviews on the subject with liord Salisbury and with M. de Staal, the Kussian ambassatbu'. Lord Sab.sbiiry assents to your proposition to establish, by mutual arranjivment between the ji(»vernnn'nts interested, a idose time for fur seals, l»etw«'en April 15 and November 1, and between KiO'^ of lon;;itnde west ami IH)'^ of lon;;itude east, in the IWdirin^j S<'a. He will also join the I'liited Stat«'s (Jovernment in any preventive measures it may be thou^iht best to ado|»t, by orders issued to the naval vessels in that lejiion of the icspective jiies of instructions 7iSl,' for the nseot Her Majesty's (Joveinment. The Russian ambassador concurs, so far as his personal opinion is concerned, in the juopriety of the proposed measures for tin' pi'otecrtion of the seals, and has |>romised to communicate at (Uice with hisdovern- ment in rej;ard to it. I have furnished him with copies of instructions 78U lor the use of his Government. I have, etc., E. J. PUELPS. Mr. Bayard to Mr. Phelps. No. 810.] Department of State, Wanltiitfftoit, March 2, JSSS. Sir: I have to acknowled<>e the receijd ot your No. <»'.>(►, ()f the ISth ultimo, in ndation to the Alaskan seal fisheries, and have pleasurt' in observing' the inomptitude with which the business has been conducted. IMAGE EVALUATION TEST TARGET (MT-S) i '4 r// r/.^A fe 1// > / < «:/^ \ 1.0 I.I ■i^lM |2.5 1^ 12.2 11:25 1 1.4 Wis 1.6 VQ /5 ^>. Photographic Sciences Corporation 23 WEST MAIN STREET WSSSTIR.N.Y. 14580 (716) 872-4503 ». ^ '^f^ U.A 176 DIPI.OMATIC COHUKSPONDENCE. 'I, It iis 1i(»ihmI tliivt Lord Siilislmry will s'ivo it t'sivomblo coiisidciation, as there can l)e no doubt of the iiiiportiiuce of j>reserviiij;' the seal tisli- cries in Bclirinji' Sea, and it is also desirable that this should be done by aT! arranji-enient between the j;overnnients interested, without tlu^ United States beinj; called u])on to consider what s])eeial measures of its own the exeeptional character of the projierty in question mijilit re- quire it to take in case of the refusal of foreign powers lO give their co- opi'ration. Whether legislation wonhl be necessary to enable the Tnited States and (ir<'at Britain to carry out measures for the protection of the seals would depeiul much u]»on the character of the legulations; but it is l)robable that legislation w mid be re(|uired. The manner of protecting the seals would dei)end upon the kind of arrangement which (Ireat Britain would be willing to msike with the United States for the policing of the seas and for the trial of British subjects violating the regulations which the two Governments may agree upon lor such protecti(m. As it appears to this Government, the commerce carried on in and about Behring Sea is so limited in variety and extent tiuit the present etforts of this (Toverument to protect the seals need not be complicated by considerations which are of great im- portance in highways of commerce and reniler the interference by the otticers of one Government with the merchant vessels of another on the high seas inadmissible. But even in regard to those parts of the globe where commerce is extensively carried cm, the United States and Great Britain have, for a common purjiose, abated in a measure their objection to such interference and agreed that it might be made by the naval vessels of either country. Eeference is made to the treaty concluded at Washington on the 7th of April, 1862, between the Ignited States and Great Britain for the sup- pression of the slave trade, under which the joint policing of the seas by the naval vessels of the contracting parties was i)rovi(led for. In this convention no limitation was imposed as to the part of the high seas of th« world in which visitation and search of the mei'chant ves- sels of one of the contracting parties might be made by a naval vessel of the other party. In the jiresent case, however, the range within which visitation and search would be reqxiired is so limited, and the commerce there carried on so insigniticant, that it is scarcely thought necessary to refer to the slave-trade convention for a precedent, nor is it deemed necessary that the performance of police duty should be by the naval vessels of the contracting parties. In regard to the trial of oftenders for violation of the proposed regu- lations, ])rovision might be nmde for such trial by handing over the alleged offender to the courts of his own country. A pre(^edent for such i)rocednre is found in the treaty signed at the Hague on May 0, 1882, for regulating the police of the North Sea tish- eries, a copy of which is inclosed. I am, etc., T. F. Bayard. Sir L. 8. SacJcville West to Mr. Bayard. or Washington, March j^n, 1888. (Keceived March 2 Sir : With reference to the proposal that concerted actin the fnr seals Wliich at certain seasons aie tonnd in IJehring- Sea, 1 am reijuested by tlie Maifiuisof Salisbnrv to Z,H" -^I"," 'i ^'"' p.'"^'^''"' *"iil>iissatlor in Lo.idon lias been eomn.uni- ea eU with on the subjeet, aiul that be has referred to his Oovernn.e" t toi instrij(;tioi>^ But in making this eommunieation to you 1 am iri- stnieted to state that this action on the part of Her Majesty's Govern- ment must n<,t be taken as an akhotsk. Mr. White supposed that the United States would not object to this. 3£r. White to Mr. Bayard. No. 720.] Legation of the United States, London, April 7, 1888. (Received April 17.) Sir: Referring to your instructions numbered 782 of February 7 and 810 of March 2, respecting the protection of seals in Behring Sea, I have the honor to acquaint you that I received a private note from the Mar- quis of Salisbury this morning stating that at the request of the Kus- sian embassador he had appoint«'d a meeting at the foreign otii(;e next Wednesday, 11th instant, " to discuss the (lucstion of a close time for the seal fishery in Behring Sea," and exj)ressing a hope that 1 w, 1888. Mr. Bayard stated, in reply to Mr. White's telegrani of Ajuil 7, that this Government did not objecrt to the extension of the arrangement for the i)rotection of the fur-seal fisheries to the whole of Behring Sea. 'JTor inploBur? flee auj^ra, p. 177. 1 PROPOSED INTERNATIONAL MEASURES, 1887-'88. l79 Mr. Bayard to Mr. White. [Extract.] N"o. 849.] DEPART>rENT OF State, Washington, April is, hSSg. Sir: I have to acknowledfte your Xo. 720 of the 7th instant, inclos- ing (;opy of your telegram of the same date, in which yon informed the Department that Lord Salisbury, the Kussian embassador, an discuss the i>rotec- tion of seals, and that the Russian Government desired to includt^ in the proposed arrangement that portion of Behring Sea in which (.'om- mauder Islands are situated, and also the Sea of Okhotsk. On the 9th instant I sent you a telegram stating that this Govern- ment did not object to the extension of the arrangement for the protec- tion of the tiir-seal fisheries to the whole of Behring Sea. Owing to an erroi in transmission of your telegram, Okhotsk Sea did not appear to be in;;luded in the suggestioUj but there is no objection to such inclusion. 1 am, etc., T. F. Bayard. r Mr. White to Mr. Bayard. No. 725.] Legation of the United States, London, April i¥),]888. (Keceived Ai)ril 30.) Sir: Referring to your instructions !Jfos. 685, 782, and 810, to Mr. Phelps's dispatches Nos. 61 8 and 690, and to subseijuent corresi)on«hMic<', 1 have the honor to acquaint you that I called at the foreign ottico on the 16th instant for the purpose of discussing with the ^Farquis of Salisbury and M de Staal, the Russian embassador, the details of the proposed conventional arrangement for the protection of seals in Ber- ing Sea. M. de Staal expressed a desire, on behalf of his (iovernment, to in- clude in the area to be protected by the convention the Sea of Okhotsk, or at least that portion of it in which Robben Ishind is situated, there being, he said, in that region large numbers of seals, whoso destruction is threatened in the same way as those in Behring Sea. ile also urged that measures be taken by the insertion of a clanse in the ])roposed convention or otherwise, for prohibiting the imi)ortntion, by merchant vessels, into the 8eal-prote(!te«l area, for sale therein, of alcoholic drinks, firearms, gunpowder, and dynamite. Lord Salisbury exi)ressed no opinion with regard to the latter ]»ropo- sat, but, with a view to meeting the llussian Government's wishes re- spi^ctiDg the waters surrounding kobben Island, he suggested that, be- siartment, as I have hei-etofore informed you. At the same time the invitation was sent to the British Government to negotiate a convention for seal protection in Behring Sea, a like invitation was extended to varicms other powers, which have without exception returned a favor- able response. In order, therefore, that the plan may be carried out, the convention proposed between the United States, Great Britain, and Kussia should ccmtain a clause providing for the subseciuent adhesion of other i)«>wers. In regard to the suggestion of the Kussian ambassadnd shortly afterwards (May 1(J) his excellency and I called tojicther at the foreign office for the purpose of discussing with his loidship the terms of the proposed convention for the iirotiction of seals in Jhhiing Sea. Unfortunately Lord Salisbury had just received a communication from the Canadian (jovernment stating- that a nu'inorandum on the subject wcmld shortly be forwarded to London, and expressing- •• hope that pend- ing the arrival of that document no further stejis woidd be taken in the matter by Her Majesty's (jovernment. Under these cireumstaiues Lord Salisbury felt bound to await the Canadian memorandum before pro' ceeding to draft the convention. 1 have inquired several times whether this comnninication fi-om Can- ada had been received, but it has not yet come to hand. I was ii'formed to-day by Lord Salisbury that an urgent teh'grani had been sent to Canada a week ago with respect to the delay in its expedition, and that a reply had been received by the secretary of state for the colonies stating that the matter would be taken u]) inuncdiately. 1 hope, there fore, that shortly after Mr. Phelps's return this Government will be in a condition to agree upon the terms of the pioposed convention. I have the honor to inch»se for your infonnation the nthshaletion of tlu' convention, as the exterminatiou of the SQ^ls by Canadian vessels was understood to be rapidly proceeding. His lorci- ship in reply did not question the propriety or tiie importance of taking measures to prevent the wanton ilestruction of so valuable an industry, in whi<*h, as he remarked, England had a large interest of its own, but said that the Canaetween these alternatives it does not appear to mo there shoidd be the slightest hesitation. Much learning has been exjiended upon the discussion of the abstract iiuestion of the right of ware chiusum. I do not conceive it to be ap- plicable to the present case. Here is a valuable fishery, and a large and, if properly managed, per- manent industry, the property of the nations on whose shores it is car- ried on. It is ]>roposed by the colony of a foreign nation, in defiance of the joint remonstrance of all the countries interested, to destroy this business by the indiscriminate slaughter ami extermination of the ani- mals in (piestion, in the open neigliboriiig sea, during the period of gestation, when the common dictates of humanity ought to protect them, were there no interest at all involved. And it is suggested that we are i>revented fiom defending ourselves against such depiedations because the sea at a ceitain distance from the coast is free. The same line of argument would take under its protection piracy and the slave trade, when prosecuted in the open sea, or would justify one nation in d<'stroying the commerce of another by placing danger- ous obstructions and derelicts in tlie open sea near its coasts. There are many things tliat can not be allowed to be done on the open sea with impunity, and against which every sea is mare vUnisum. And the right of self defense as to i>erson and i)ro])erty prevails there us fully as else- where. If the fish upon the Canadiau coasts could be destroyed by * \ ■l PROPOSKD INTERNATIONAL MKASUKKS, 18H7- 8H. 1^3 st'iitteriiij; poison in tlu' open soa adjacent, with si»nn' sniiill pioUt to tlioso ('n;<;a^*Ml in it, would Oaniida, npitn tliojnst piincipkis of interna tional law, ln' ludd delensclcss in sucji a case? Y«'t that prot-ess wouhl lu> no more drstrurtivc, inlnnnan, and wanton tliiin this. If p:«'('('(h'nts are wantinj;' for a^ defense so nei-essary and so proper it is because precedents for such a course (»f eondiu**^ ne likewise iin known. The best international law has aris«'n from pn'cedents that have i»een established when the Just occiision for them arose, undeterred by the discussion of abstract and inade(|uate rules. Kspecially should there be no hesitation in takinj;' this course- with the vessels of a colony which has for three years harassed the tisheries of fair country with constant captures of vessels en;^aj>'ed in lu) viola- tion of treaty or lejual ri};Uts, The comity of nati^ms has not deteri-ed Canada from the persistent obstruction of Justiliable and lejiitimate tishiufi' by Anu'rican vessels near its (;oasts. What princijde of reci- I)rocity precludes us from puttiujj' an i'ud to a ])ursuit of the seal by Canadian ships which is unjjjstitiable and illefi'itimate? I eainestly re(!ommend, therefore, that the v«'ssels that have been already .seized while enftafi'ed in this business be lirmly held, and that measures be taken to capture and hold every oiU3 hereafter found <'(m- cerned in it. If further le<>islation is necessary, it can doubtless be readily obtained. There n«'ed be no fear but that a resolute stand (m this subject will at once put an end to the mischief complained of. It is not to be rea- sonably e.\pe(!ted that Great Britain wiIleither«>nconraf>;e or sustain her colonies in conduct which she herself concedes to be wroufj; and which is detrimental to her own interests as well as to ours. More than 10,000 l)eople are enj^aged in London ahme in the prei)aration of seal skins. And it is understood that the British Government has requested that clearances should not be issued in Canada for vessels em^doyed in this business; but the request has been disregarded.' 1 have, etc., E. J. Phelps. JAPAN. Mr. Hubbard to Mr. Bayard. No. 387.] United Statks Legation, Tolio, Japan J September 3S, 18S7'. (H<'ceived October 24.) Siu : [ have the honor to inform the Department of State that I have submitted to the Japanese nunister for foreign affairs the substance of jour instruction No. 15.'?, in relation to taking stei)s for the better pro- te<'tion of the fur-seal fisheries in llehring Sea by international cooper- aticm, waiving all exceptional measures and exceptional marine juris- diction that might be properly claimed for that end by the United States. In invoking the early and earnest consideration of the propo- siti-212. 1H4 DIPLOMATIC COKKESPONDENCE. H ' ! I 'li: i inont for tlie prott'i'tioirof tlu' sral fur liHlieiii^s in Bt'brinj; Sea as will sali'ly ^nard that lar^c in ii'iiuMiitrn'st a^jaitist the lawh'ss and iudis- criniiinitc shin;;'lit*'i' nrtliis animal, cinitrihiitini; so much to the weiilth and j;«'neral welfare of mankind. Due report >vill he nnide to the l)e- paitinentof State as the negotiations progress, which 1 hope and expect will be concluded favorably to all couccrned. 1 Lave, etc., Richard B. Hubbard. Mr. Hubbard to Mr. Bayard, [Tclugram.] Legation of the United States, Tol'h, Svpf ember 3!), 1887. (Received September 29.) Mr. TTnl)bard acknowledges the receipt of Mr. Bayard's instnn^tion No. l.^.'i, of August 1!), 1S87, and requests, at the instance of the Japan- ese Government, copies of the Ti-easiiry regulations and contracts con- cerning the seal fisheries, and also a nu>re definite statenu'ut as to the nature of the protection which it is desired to extend to those fisheries I ! i Jlfr. Hubbard to Mr. Bayard. [Extract.] No. 388.] United States Legation, Tolio, Japan, September 2!>, 1887. (Received October 24.) Sir: Referring to your instrnction No. 1.53 I have already had the hoiHU* to inform the l)ei)artnu'nt of State that I W(uild seek a lu'rscnial official confereiu-e with the nnnister for foreign affairs on the subject of the int«'rnatiomd protection of the fur-seal fisheries in Behring Sea. The Japanese Government is anxious to enter into an arrangement or ('(Uivention with the United States Government, invoking similar arrangement ov convention with our Government for the protection of the fur-seal fisheries in the waters of their ncuthern islands. I (^xi»ressly called attention to the waiver for this purpose, as ex- pressed in ycmr instruction No. loo, and in my disjjatch No. 387, of any legal rights under fornu'r conventions, that my Government now de- sired to invite this cooperative ]»rotecti(m of friendly powers of their fur-seal fisheries from wanton destruction without reference to said Ibrnier conventions. Nevertheless, the .Tapanese Government requested as an especial favor that I w save tinu', for certain documents mentioned in the subjoined cabh'gi-am, and for such s]K'cificatiartment of State, coi)ies, respectively, of my note to Count Ito, and his rejdy tliereto, relatinif to the fur-seal fisheries in Behiinji' Sea. I am re<|uested to call the attentiini of my Government lespectfnlly and es|)ecially to the proposed recii)rocal jn'otection of tlu^ sea otter, and to enlarge the protected zone so as to embrace the linown habitat of that animal. 1 took occasion to say unofficially to Count Ito that 1 had no hesita- tion in givinjj him the liop'.>ful assurance that my Government would co(»perate with his excellency's Government in the projiosal to incbule sea otter aswell as fur seal in any reasonable arrangement whit'h would prevent unregulated and indiscriminate slaughter of tliis valuable ani- nuil in the waters of Behring Sea as well as on the coast of Japan and in their conterminous waters. 1 shall have the honor to await, in def- erence to Count Ito's expressed request, your instnictions in response to the respectful jiroposition of the Jai)anese Government before enter- ing upon any formal negotiations on this subject. On receipt of this •lispatch by the Department of State, I have the honor to suggest that if the reidy to my <'ablegram of the 2Uth ultimo has been nniiled to this legation by the Department, that in that end a brief telegram signify- ing your willingness to include the sea otter in the said negotiations would advance the negotiations and gratify this Government as well, who manifests a deep interest in securing an early arrangement by our respective governments for the better protection of the fur-seul and sea- otter fisheries of American and Japanese waters. 1 have, etc., Richard B. Hubbard. [Tnclosure 1 in No. 393.] Mr. Hiibhard to Count Ito Hbobumi, United Statks Lkoation, Tokio, October 6, 1SS7. Sir: I liavo tho honor horewitb to forward to your excellency, and to l)eg your early and favoralilo considoration of, a copy of an instruction which I have had the honor to receive from the Department of State of my Government. • 24 l.S(5 lHIM.OMATrC ('0UKKSI'()N1)KN('F. If i n tt I in 'I'lic ;;*M)('nil proptiHitioii rt'spcrMully Hiihinlttfil in MiIh iiiMtnict ion iiii'iit, IIS wfll tiM till- dIivIoiim anil i-iinvin(Mn foreign otlli-o, I Hliail, in t'li 'wislii'sanii iiistnirtiousot' my (iiivi^rniiKMit, lii> ^nitiliiMl anil obliK<'il it' will I'oi'iiially a|i]ioint any t'litiiri' tiini! and |)liiio whi'ii ttnil wlino lionor to font'iT anil iliKi'iiss witli your rxcrllein'y, or any othiT n-prr Iiii]ir!'ial Maji'sty's (ioviirmiii'iit, tlw snliji'rt of an a^rriMui-nt or spi- liittwi-iMi tlio I'niti-il Stati's of Ami'ilra iiiul \\w Kiniiiro of Japan liav the lii-ttiT protKctiuii uf tliu fiii'-seul tiHlieriuH in Douriiig Sua. I avuil, etc., RiCIIAKU H. HUBIIAKb. I'tlioriinci- of tho yonri'xciOli'iiry i may liuvr tlir si-ntativi) of His rial iHinvi'iition iiif? riifiTonco to [Inclomirp 2 in No. 393.— TranMnllon] Count I to Hirobuml to Mr. Hubbard. No. 8.->84.] Dki'ahtmknt of Forkion Akfmrs, Tokio, nrtobrr S, 1SS7. .Sik: I Inivo tho honorto acknowlc(l>;»' tlio ri'reipt of your oxcolli-ncy's m; •' of tlio fitl) iimtant, in wliirli yon aro ]>lt>a8i'il to inclosf tlio i-o)iy of a coinniniiiratioii from till' lionoralili- tlm Sftri'tary of Stati- iu ii'leii-uce to tliosral Hsherinsiii Heliriiifj.Si-a, anil, ill pnrsnanrr of inotrnctionH contained in that diHpatrb, invito llis Ini|>erinl Maji'sty'a (iovoninu'ut to ontcr into an arranft»'nii'nt with thi' (ioviTiiimnt of thu Uniti'd' States haviiif; for its ohji'i-t thi' proti-ction of fin-seals in Hehiing 8ea from iiidiscriininate destrni-tion and eonsi'iiiient extorinination. The iinre;;iilated and iudiseriminate shmghter of tho sea-otter as well as the fur- neal on the coasts of .Japan and in their eoiili rminona watiTs is a snh.ieet which has for many years eiifjaj'ed the seriinis att'.-ntion of the Imperial (ioveriiment. The experience of His Imperial Mnji'sty's (Jovernment Jnstitios the belief that tho «>nd sonjtlit to be obtained can be byst secured by means of a coiiporative interna- tional action, and they therefore cordially apjirove of fhe snggcstioii of tho honorable the Secretary of State. llis Ini]iorial Majesty's Government would be willinj; to enter into an arranfjenient for the piirjioso indicated, but they would wish, for the reasons assifjned by Mr. Jbiyard in favor of the protection of the fnr-seal in Ibiiring Sea, to extend the principle of protection to the sea-ottor as well as the fiir-.seal, and to enlarge the protected /one so as to embrace the known habitat of that animal. I beg that you will bring this projMisal to the attention of the (Jovernmont of the 1 ■niteil States, and 1 would sujtgest that this be done iu advance of any uegotiatious ou the snliject. I avail myself, etc., Count Ito Hirobumi. Jlfr. Bayard to Mr. Hubhard. No. 171.] Department of State, ^yaHhin(|ton, November 21^1887. Sir: I liave to acknowledge the receipt of yonr (Jispatclies Nos. .588 and 30.3, dated, respectively, September 29 and October 10, and in rejjly to express tlie satisfaction of this Department at the favorable response of the Japanese Government to negotiate for the protection of the seal fisheries in IJehring Sea. The Department hopes to be able, at an early day, to instrtict you lintiicr on the subject. At present, owing doubtless to the shortness of the time, few replies have been receive«l from foirign Governments to the circular invitaticm of the lTniteiirtiii(Mit of State iiiHl tliis Ic.^iition, lookiii;;' t<» tlie (ioiiclusion ot'u coii- vt'iitioii between Japiiii and the United Stutes and sonn* otlioi- powers lor the pi'oteetion of the fur-seal Hsheries in liehriuy Sea, and the pi-o- teetion of the sea otter, as siil»se(|iientiy snyfft'sted by .liipan, I have the honor to inform the I)epartment that instruction No. 171, an a convention f«M' the nuitual protection of the seal and otter within their own seas and <'ontiguous waters. This fact has been the immediate cause of the inquiry submitted to me, to which the inclosure herewith is in response. 1 have, etc. KiciiAun B. Hubbard. [Iiulu8iuv ill No. 483.] Mr. Hubbard to Count Okinna. No. 284.] llNriEn Siatk.s Lkcatiox, Tokio, ,/iuir .'o, IflSS. Siu: Heforring to my note to bis excelloiicy Count Ito, (liitely thensto dated November 8, 1887, eonceriiinff n projiosed iirriingeinent wliii'li tlie I'liited States invited Japan to enter into with the United States and certain other jjowers, for tlie protection of tlie fur-seals in Behriiijf Sea from iudiscriniiiiate destriietioii aiidconse(|uentHxterniination, I have now the honor to inelosean instruc- tion' from my (ioveiiimeiit in resjujiise to my disjiatcli to the honorahte tlie Secretary of State, iiiforinin<; himof Ju]ian'H willingness to enter such an airanjiement. It will he idiserved by your excellency that my (ioveriinient is awaiting the replies of some other for»'igii Governments to t)ie invitation of the United States to enter into' such a convention. I have not coiiinuinivated with your excellency's de]>artiiient since my note of the (itli of October, on account of awaiting further instructions from my (iovernincnt in thi^^iremises, to which the instruction herewith inclosed especially refers. Thesnb- Btatttre of the iu<'losed instruction has not been heretofore conimiinicated to your ex- cdfency's Government, hoping that I might, as indicated, erenow have been furnished witli Hiial instructions to conclude a <'Oiivention between our lesjtective Oovernnients, emliracing all the iioints >f discussion on which a common and friendly concurrence and understanding had bt,,-:). reached, and of which my CJoverninent was advised in my dispatches to which the inclosed ii'structiou is iu response. 1 avail myself, etc., RiCHAKD B. lIlllHAKI). > See supra, Mr. Bayard to Mr. Hubbard, November 21, 1887. 'I n iiii' 188 I I III I' ! •'' ii» iii 1 lil 1 U ii DIPLOMATIC COUKESrONDENCE. Mr. Hubbard to Mr. liayard. United States Leoation, Tolio, Japan, July 13, liSSS. (Keceived Auj^ust 8.) SiK : I have the honor to inclo.se herewith a copy of a note from tlie ,I'«l»anese minister "or foreign affairs dated July 7, in wbit-h I ,ani re- (|nested to instruet tne United States consuls in .Japan not to ship Jiipan- ese subje(!ts on board American vessels engaged or about to engage in otter or seal hunting. The reasons for such a request are set forth in the minister's note. In comi>liance with Count Okuma's request, I have instructed the United States ccmsul-general at Kanagawa, an(l through him the otiier <'onsular representatives <>f the United States in .lapan, to refrain from shipping any Japanese subjects on any American otter or seal hunting vessels. 1 have the honor to inclose a copy of my communiitation to tlie United States consul-general on the subje(!t, and hope that my action in the ])remises will meet the approval of the Deiiartment of State. In oroat with a crew of (J Japanese sailors, accompanied or iollowed by two other boats of Japanese saih)rs. The connuan yards from snore, and after the commander of the Nemo had discharged his rifle at one or more otters, his boat was Hreroi)el it, and being both wounded, the craft moved very slowly. When the commander's boat gotoutof rang«'of the firing (the second b(Kit had one man wcainded, but the third had not approache*! within range of the firing), it was ascertained that one of the Japanese iiad been killed outright, and twt» others afterwards died on the Nemo from the wounds then re«!eived. The commander was wounded in the hand and in the thigh, but he and the other Japanese who were wounded have, I understand, about recovered. The schooner was Immght to Yokohama, where an inquiry into the affair was held by the British consul, who found that the attack was unprovoked. I have, etc., Richard B. Hitbbaed. PROPOSED INTERNATIONAL MEASURES, 1887-'88. 180 [IncloHiire 1 iii No. 491— Transliition.] Count Okitma to Mr. Hubbard. DlCPARTMKNT OK FoKKIGN AFFAIHA, Tohjn, the 9lli day, the 7th month, the Hut year of Meiji. Sin: Tlio recent attiick at Copper lislaud iiiton tlio British siliooncr AVmo (with the tirciiiii.stuiicc.s anil rt'siiltH of \vhise.(l takinj;' of otter ane interchanged. The note from Clof tins date, has had the effect (jf increas- ing Japan's interest in the proposed «'onvenfioii and her desire to see it <*oiiclud«'«l at an early day. 1 have, etc., Richard B. IIuubaed. ilnclosuro 1 in No. 492— TrnnHlntion.] Count Okuma to Mr. Hubbard. Sir: With reference ... .,■■ arraugement for the purpo.He vv»»i' ^Jnninu fir ^tii. ji iri/f/uf if. DF.I'Ain'MK.NT FOR FoRKlON AFFAIRS, Tokyo, the 7th day, the 7lh mouth, the .'M year of Meiji. to the iii'o|)osal of your (!overumeut to enter into a proper irpo.He of preventing by iutermitional toiiperation indiscriiui- I W 1 "I 190 DIPLOMATIC CORRESPONDENCE. nitte and nnrcj^iilatdd (Ifstriictioii «f fur st^alw in th« Heliiing Sea, the views of the Imperial (iovtTnnient haviii^; liccn coniinnnicated to yon, yonr (lOvernnient intimated tliat they wonM ispjiroacli the Hnhjeet again upon receipt of responses from the pow- ers consulted, and coiiseipiently the Imperial (juverument have been awaiting further connnuuication from your tiovernment. In the meantime it has rt'cently l)een rejiorted to the Imperial Government tliat the United States minister at I^ondon is l)(ddiu<; ('(msultatiou with Her Itritish Maj- esty's ])rincipal Secretary for I'oreign A tt'airs and the di]>loniatic rejtresentatives of some other power or powers interested in respect to certain matters bearing upon the subje<-t. The Imperial rJov(!rnment are not aware of the nature of the ((uestion under dis- cussion. If, how«!ver, tin; nejfotiiition has actually assumed the character of an In- ternational convention, in which the views of the stsveral powers interested may be formally interchanged, the Im])erial Government would desire to instruct their rep- resentative at London to take part in sm^h negotiation. I therefore beg leave to rccpiest that you will be so good as to ascertain the truth of the report and to connniinicate to me the result of your inquiry. 1 avail myself, etc., CouM Shigunobu Okuma. [Inclosiire 2 in No. 492.] Mr. Hubbard to Count Okuma. hi! !t'^ United States Legatiox, Tokyo, July 12, 1SS8. Sir : I havn the honor to acknowledge the receipt of your excellency's note No. 25, of the 7tli instant, in which, referring to the subject of the proposed arrangement be'^ween the (Jovernments of the Unit, 1888. Sir: I have to acknowledge the receipt of your No. 402, of the 13th ultimo, in which you transmit a copy of a note from ('ount Okuma, Minister for Foreign Affairs of Japan, of the 7th ultimo, in which he states the desire of his Government to instruct its representative in London to take part in the negotiations there pending between the (Jovernment of the United States and that of Great Britain for a convention for the itrotection of seals in Behring Sea, i>rovid»Hl the negotiations have reached a stage which would admit of such participation. In rejdy you pnmiised his excellency that you wtMild request your Government to furnish you with full information respecting tlie progress of the negotiations. No change is known to have taken place in the state of the negotia tions at lioudon since the Department last wrote you on the subject. Four months ago strong hoiies were entertained here that the conven- tion would soon be concluded. But tlie Deiiartment is now informed that the views of Her Britannic Majesty's Minister for Foreign Affairs have met with obstruction from Canada, where vessels are yearly fitted out for the jmrpose of preying upon seal life by the use of firearms and other destructive weapons. It is not i)er< eived, therefore, how the participation of Japan in the negotiations at London could promote their successful <-oncIusion. There is not known to be any ditleri'iice of oi)ini(in between this Gov- ernment and that of Her Britannic Majesty as to the necessity and pro- priety of the jnternati(mal arrangement, now under consideration, for the protectio'i of the seals in Behiing Sea. I'm li; ) i i 1 h 'II ilii! ( ' III! ' I !■ I I'll ilili ill' / I :J' I 102 DIPLOMATIC CORRESPONDENCE. Tlic coiiveiitioii wliich .liipaii will soek to make on tlie same snbjeet will, as you liavc^ imlicated, liave to be shaped in some resi)ects so as to meet the wishes of Japan in re}>anl to the protection of her iiiter- ej^ts in the sea otter. What this (iovernmeut deems necessary for the preservati(ni of the seals in liehring- Sea is entirely to prohibit the slauffhter of them witii tirearms, nets, and other destructive im|)le- ments, at a distance from the coasts. The Department would be glad to learn the views of the Japanese Government concerning the meas- ures necessary for the prot«'<'tion of its interests in the otter, and to be furnished with information respecting their territorial and pecuniary extent. 1 am, etc., T. F. Bayard. RUSSIA. 3Ir. Wvrts to Mr. Bayard. No. 139.] Legation of the United States, St. Pctershio-g, September .V, 1887. (Received Septembei- 17.) Sir: I have the honor to at-knowledge the receipt of your instruction No. 99, of the 19tli of last month, relating to the measures to be taken for the better piotcction of the seal tlsheries in Behring Sea, and to inform you that, in obedience to it, I have connnunicated the invita- tion of the Government of the United States to that of Russia to enter into such an arrangement as will put a check to the indiscriminate destruction, by the citizens of either country, of the seals in those waters. I am, etc., George W. Wurts. Mr. Lothrop to Mr. Bayard. No. 151.] Legation of the United States, St. Petershnrg, Deeemher s, 1887. (Received December 27.) Sir: I have the honor to transmit herewith the translation of a note from the Foreign Ottice, received at the legation yesterday, on the propo- sition of the United States for an inteinational agreement touching the cai)ture of seals in Behring Sea. The earnestness felt here in the mat- ter is plainly indicated by the language of the note, which s])eaks of unrestrained seal-hunting as a thing whicth not only threatens the well- being but even the existence of the people of the extreme northeast coast. This language rei>resents a view which I .have heard here in conver- sation, of courst^ not officially, and which is substantially as follows: The seal lishery on our Behring <'oasts is the only resource (mr people there have; it furnishes them all the necessaries of life; without it they ]»erish. Now, international law concedes to every people exclusive juris dictiou over a zone along its coasts sufficient for its protect ion; and the PROroSKD INTEKNATIONAL MEASURES, l887-'88. 11)3 (liMftrinc of the equal rights of all nations on the high seas rests on the idea that it is consistent with the comuioii welfare and not destructive of any essential rights of the inhabitants of the neighboring coasts. Such common rights, under public law, rest on general consent, and it wotild be absurd to attirm that such consent had been given, wheie its necessary result would be the absolute destruction of one or nuire of the parties. Hence the rule can not be applied blindly to an unforeseen case, and these alleged common rights must rightfully be limited to cases where they may be exercised consistently with the welfare (jf all. Behring Sea partakes largely of the character of an inclosed sea; two great nations own and control all its inclosing shores. It possesses a peculiar fishery, which, with reference to its ])reservation, can only be legitimately pursued on land, and even there only under strict regula- tions. To allow its unrestrained pursuit in the open waters of the sea is not only to doom it to annihilation, but, by necessary conscquent'c, to destroy all its coast inhabitants. If this result is conceded it fol- lows that the doctrine of common rights can have no application to such a case. I have thought it might not be uninteresting to give this as a view which has found expression here, and, if found necessary, I think it not improbable that Russia would feel that she was driven to act on it. I am, etc., Geo. V. N. Lothrop. [Inclogure in No. 151— TraoHlation.] M. de Giers to Mr. Lothrop. Ministry of Foreign Affairs, Asiatic Department, Xoicmbir Ji>, 1SS7. Mr. Minister : Mr. Wnrts, niider tlato of Aujrust 22 [September 2], \\t\s jj;<'0(l onoiijib to conimiiiiicat.e to me the views ol'tlie Governnn'iit of tlie I'liitcd Stjites of America upon the subject of tiie desirableness of an umh'rstiiii- but oven to (he exist- ence of our jteople in the extreme northeast. The establishment of a rc,isonal)le rule, and of a lawful system in the iim (l'e.r)/loitatioii) of the resources, which furnish their only industry, is for those people of '. ital im]iortan<'e. The pressiuf; interest which the Im]ier>al (Joverumeut has been thus called to con- sider had alrearote> ti(m. It is by tliis way that tlie dif- ferent (juestions inv(dved can be best resolved, and among which there exists, in our opinion, a close connection. The proposition of an accord emanating from the Government of the United States, and which we take pleasure in considering as a step toward that general solution, must, of course, but meet the sincere sympathies of the Imperial (ioveru- inent, and its active support, and this I pray you to make known to the Cabinet at Washington. Please receive, etc., . - OlEBS. 35 V / A I' ill, '} ill I 11 . I ; I I i ! I ! I ii •' 11!! II \ '",1 I I i' 194 No. 161.] DIPLOJfATIC COKRKSPOXDENCE Mr. Lothrop to Mr. liayard. Legation of the T'mted States, St. rrfcrshnrff, Fthrnury 2:.*, 188S. (Kect'ivrd Maicli 12.) 3iU: Your dispati'li, Xo. 110, relative^ to tlu' protection offurbeariiifj seals ill the l»»'liiiiij>' Sea, lias just reached me, anil I have lost no tin»e ill inakiiiji>' known to the Imperial Clovernmeiit your wishes resp«'eting the coiijieration of tlii^ Hussiaii Ambassador in Loiuhui with 31r. Phelps on this subject. Veiy truly, etc., Geo. V. N. Lothrop. Mr. Lothrop to Mr. Bayard. No. 164.] Legation oe the United States, St. VvtershHri limit from the nearest bind. Althou^ili no ollicial confu-ma- tion of tliese rumors luis reached Her Majesty's (loverniueiit, there aj)- pears to be no reason to doubt their .authenticity. I am (h'sired by the Manjuis of SaMsbury to iufpiire whether th(^ I'nited States Government are in possession of simihir information, and further, to ask that stringent instructions may l)e s<'nt by the I'nited States (lovernment, at tlie earliest moment, to their otticers, with the view to prevent the possibility of such oceurrences taking place. in continuation of my instruction 1 have the honor to remind you that Her JNlaJesty's Goveriunent received very clear assuraiuies last year from Mr. Bayard, at that time Secretary of State, that peiuling thu discussion of the general (pu'stions at issue lu) further interference shouhl take place with British vessels in Behring Sea. In ('(mclusion, the ^Marquis of Salisbury desires me to say that Sir Julian Pauncefote, Her INI.ajesty's Minister, will be prepared on his return to Washington in the autumn to dis<'uss the whole (pu'stion, and Her Majesty's Government wish to jioint out to the Tnited States Government that a settlement can not but be hindered by any meas- ures offeree whieli may be resorted to by the Un'led States. I have, etc., H. G. Edwardes. Mr. Blaine to Mr. Eilwardes. Bar Harror, Auflust 34, 1889. Sir: I have the honor to acknowledge the receipt of your commuui- catiou of this date, conveying to n»e the intelligenci^ " that repeated rumors have of late reached Her Majesty's Government that United States cruisers have stopped, searched, and even seized Ibitish vessels in Behring Sea outside the .'{ mile liuut from the nearest laud." And you add that, "although no official conHrmation of these rumors has reached Her Slajesty's Government, there appears to be no reason to (h»ubt their authenticity." In rj^ply I have the lumor to state that the sanu? rumors, probably l)ased on truth, have reached the Government of the United States, but that up to this 'ives nie pleasure to assure you that the (iovernment of the United States will endeavor to be i»repared for the discussion, and that, in the opinion of the Piesident, the points at issue between the two Governments are capable of i)n»mi>t adjustment on a basis entirely honorable to both. I have, etc., James G. Blaine. Mr. EdicarHes to Mr. Blaine. Bar Harbor, Avgnst 35, 1889. Sir: I had the honor to receive yesterday your note in which you have been yood enough to inform nu', with lespect to the repeated ru- mors which have of late reached Her Majesty's Government of the search and seizures of British vessels in liehring Sea by United States cruisers, that the same rumors, ])robably based on truth, have reached the Tnited States (Government, but that up to this date there has been no official communication received on the subject. At the same tinu' you have done me the honor to inform me that it has been and is the earnest desire of the President of the Ignited States to have such an adjustment as shall remove all possible ground of mis- understanding with Her Majesty's Government concerning the existing troubles in the l»eliring Sea; and that the President believes that the responsibility for delay in that adjustment can not be properly charged to the Govcrument of the United States. You request me at the same time to express to the Marquis of Salis- bury the gratittcation with which the Government of the United States learns that Sir Julian Pauncefote, Her Majesty's Minister, will be pre- l>ared, on his return to Washington in the autumn, to discuss the whole (luestion, and y-e tlui reeeii)t of your personal note of tiie 12th instant, written at Washington, in which yon desire to know when you may expect an answer to the re(|uest of Her Majesty's (iovernment, ''that instnu-tioDs may be sent to Alaska to pri'vent the l>ossibility of the seizure of British iships iu Bebrinj;' Sea." 1 had supi)osed that my note of Au^iust 24 would siitisfy Ihr Maj- esty's Government of the rresident's earnest desire to c(une to a friendly agreement touchinji' all matters at issue between the two Governments in relation to Behring Sea, and I had further suppose*! that your mention of the ofticial instruction to Sir .Julian Pauncefote to jiroceed, immedi- ately after his arrival in October, to a full discussion of the tpiestion, removed all necessity of a i)reliminary corresiumdence touching its merits. Referring more ])articularly to the question of which you repeat the desire of your GovernnuMit for an answer, 1 have the honor to inform you that a categorical response would have been and still is impracti- cable — unjust to this Government, and misleading to the (Jovernnu^nt of Her Majesty. It was therefore the judgment of the President that the wlude subject could more wis»'ly be remandeo.s(' of i)r('V<'iiting' tlic oxtirpa- ti(Hi of tlu' siH'cit's ill tliiit i>iii't of tlie world. Witli(»ut in any way ad- mitting that ('Ottsidfiations of this order couUl Justify tlie seizure of vesselH which w«'re trail sf;T«'ssinj;' no rule of international law, ller Majesty's Oovernnieiit were very ready to agree that the subjet-t was one deserving of the gravi'st attention on the part of all the govern- ments interested in th >se waters. The Unssiaii Government was disjiosed to Join in the iiroposed nego- tiations, but they were suspended foi- a time in eonsequenee of objec- tions raised by the J>ominion (►f Canada and of doubts thrown on the physical data on whi<'li any restrictive legislation must have been based. Her Majesty's Government are fully sensible of the importance of this question, and of the great value which will attach to an interna- tional agreement in resp«'ct to it, and Her Majesty's rei)reseiitative will be furnished with the requisite instructions in case the Secretary of State should be willing to enter ujion the discussion. You will read this dispatch and my dispatch No. 205, of this date, to the Secretary of State, and, if he should desire it, you are authorized to give him copies of them. I am, etc.; Salisbury. Mt / The Marquis of Salisbury to Mr. EHtcardes, [Left at the l)epa'. cment of State by Mr. Edwardos.] Foreign Office, October 3, 18S9. Sir: In my dispat(di No. 176 of the 17th August last I furnished you with copies of a correspondence which had passed between this Depart- ment and the Colonial Ortice on the subject of the seizure of the Cana- dian vessels Black jyiamond and Triumph in the Bering Sea by the United States revenue-cutter Rush. 1 have now received and transmit herewith a copy of a dispatch from the Governor-General of Canada to the Secretary of State for tlie(!olo- niea, which incloses copies of the instructions given to the special officer placed on board the Black Diamond by the officer commanding the Bush, and of a letter from the collector of customs at Victoria, together with the sworn affidavits of the masters of the two Canaarent from these affidavits that the vessels were seized at a distance from land far in excess of the limit of maritime jurisdiction which any nation can claim by international law. The cases are similar in this respect to those of the ships CaroJiue, Onirard, and T/«o»'«^o//, M'hicli were seized by a vessel of the United States outside territorial waters in the summer of 1887. In a dispatch to Sir L. West dated September 10, 1887, which was communicated to Mr. Bayard, I drew the attention of the Government of the United States to the illegality of these proceedings, and expressed a hope that due compensation would be awarded to the subjects of Her Majesty who had suftered from them. I have not, since that time, received trcmi the Government of the United States any intimation of their intentions in this respect, or any explanation of the grounds upon which this in- terference with the British sealers had been authorized. Mr. Bayard did, indeed, communicate to lis unofficially an assurance that no further seiz'ires of this character should take place pending the discussion of SEIZUKKS OF 1880. 11)9 flu' (pu'stioiis iiivolvt'd between the two governments. Iler ^lajesty's (iovernnieiit nnicli regret to tlnd tliat tliis nn' liiiM not been eiinicd loiwiiid into tlie piesent year, and that instrnctions liave been issncd to erniseis of tlie United Htates to .seize Ih'itisii vessels tishin;>' t'oi- si'als in Behi'inj;' Sea ontside tlie limit of teiritorial waters. The yronnds npon which these violent measnres have been taken hav<' not been eommunicated to IUt Maiesty\s (iovernment, and remain still un- explained. ibit in view of th(^ unexpeeted renewal of the seizures of whieh Iler Majesty's Crovernnu'nt have previously complained, it is my duty to protest against them, and to state that, in the opinion of Iler Majesty's Government, they are wholly unjustitied by international law. I am, etc., Salisbuey. [Inclosiire 4.] Captain Shcpard to Mr. IfaiikniiHon. \J. S. Rkvknm'k Stk \..Mi;ii Ki'sii, liKKiNCt Ska, Lnliliidv r.t;^ .'J' .v., loiiijiliKlr I7'r 2-'>' W., Julji It, ISftf). Siii: Yoii are hereby appointed n s))i!(iiil odici-r, iiml directed to proceed on Itoard the schooner lilack Itiamoiid, of N'ictoria. ISritisli Culnniliia, tlii8 day seized for viola- tion ot law (.section l!)5t), Revised Statntes of the I'nitcMl States), and assnme charge oftliesaid vessel, her otlicers. and crew, twenty-live in nnnilier. all t(dd, excepting the naviort yon will report in person to the United .States district attorney for the district of Alaska, and deliver to him the letter so addressed, the schooner liUick IHamond, oi N'ictoria, Mritish Columbia, her outfit, and the persons of (!apt. Owen Thomas and Mate Alexander Gait, and set her crew at liberty. After being relieved of the jirop- ertv and persons intrusted to your care, you will await at .Sitka the arrival of the Itn'iih. Very respectfully, etc., L. G. SirKi'AKD, Captain U. S. llvvcnuc Steamer Hush, For the other inclosures see House Ex. Doc. No. 450, Fifty-first Con- gress, first session, i)i). (J-D. Mr. Edicnrdes to Mr. Blaine. BniTisii Lkgation, Washiiuftoti, iMobvr 11, 18S9. Mv Di'iA.11 Mr. Blaine: When I had the honor to read to ycm on S itnrday, the 12th instant, the two dispatches addressed to me by the ^larcpiis of Sidi.sbury on the subje(?t of the seizures of liritish sealers in Behrinji sea, you incptired of me when I reached the ])assa}>e whi<*h runs as follows, '' Mr. IJayard did imU'ed connmiidcate to us, unotti- cially, an assurance that no further seizures of this eharacter should take phjce pending tlie di.scus.sion of the t>ti so cniiiiiiiiiiiciitcil in a letter ixlilrrssnl Ity Mr. IJiiyanl to Sir liioiiel West, imd tlnit timt letter would l»e IoiiikI in the printed <'orr(>s|>ondenee on tlie snl)ieet wliieli was laid iM'toie Con- jfress this year. I liavo siiieo lemiHMl that the jissniiinee which Fjitrd Salislniry had in mind when writin;;' tluHlispateh I read wiis not that to which I relened in my reply to you, but was an assurance comniuiiieated uiiorii<'iiilIy to hisloi'dsiiip by the Tnited States niinistei' in London, ami also by Mr. Bayard t(» Sir Lionel West in the month of Ai>ril hist year. 1 have, etc., IL (j. Edwaudem. t Ik I I) •»;ii IP ! I v^ Mr. Blaine to ISir Julian Paunce/otc, Dei'aktmkxt of State, Waslihifffon, 'hnniari/ •/'.', IS!)0. Sir: Several weeks have elapsed since I had th<' honor to i-eceive thnmgh the hands of Mr. Kdwardes cojaes of two dispatches from Lord Salisbury complaining of the <*ourse of the United States revt'uuecut- ter Rush iu iiiten-eptingCamidian Vi'ssels sailinj-' under th<' IJritish tlag and engaged in taking fur seals in tin; wat«'rs of the llehring S«'a. Subjects which could not be postponed have «'ngaged tin; attention of this Department and have rn and no intrusion from any source. Vessels from other nations passing from time to time through Behring Sesi to the Arctic Ocean in pursuit of whales ha(' always abstained from taking part in the capture of seals. This uniform avoidance of all attempts to take fur seal in those waters had been a constant recognition of the right held and exercised first by Bussia and subsequently by this Goverumeut. It has also been PKIZI I.T.S or 1H«9. 201 flit' |-<>col' .s(>iils in tlir o|m'ii si> i liipiJIv Ifiuls to tlicir extiiictioii. This is not only tlx- wi'll known ojiinioii ot' (^xjM'i'ts, hotli llritisli and Anin-- iciin, Itast-M upon prolonged ohscrvafiou and iii\«'sti;;ation, but tlir Tact I'ad also Iktii dt'inonstinlcd in a wide scnsr by the wcli ni;ili total dc- stnictioii ol' all seal lisln rit-s eMipt the one in tin- llcliiinj; Sea. which the (iovt'innicnt oi' (lie I nitcd Slates is now striving to picscivc, not altojicthcr lor tlui use ot" the Anicricaii people hiif (or the us(> (»r t\w world at larju'e. The killin;^ (»r seal> ill the oiie.i sea involves the destriielion of tliu female ill coiiiinon with the male. The s|aii};ht( r of the female seal is reekonod as an imniediate loss ol" three seals. Itesides the future loss of the whole numl»er wliicii the heariii;;' seal may prodiie*' in the successive years of life. The destiiictioii which results from killiii."' seals in the ojK'ii sea pi'oceeds, therefore. l>y a ratio wiiicli constantly a'ld rapidly increases, and insures the total externnnation of the species within a vtny brief peiiod. It has thus l(i>coiiie k'i(»wn that the only proper time for tln' slanji'liter of seals is at the season when they betake themselves to the land, becans«' the land is the only pla<'e where the necessary dis- ei'imimition can be made as to the a;^'e and sex of the seal. It would seem, then, by lair reasoiiin;;. that nations not possessiii<>' the territiuy upon which seals can increase their imiiii>ers by natural jirowth, and tints atford an annual supply of skins for the use of mankind, shonhl refrain from the shiu;;hter in (tpeii seii, where the destruction of the speeies is sure and swift. After the ac(iuisition of Alaska the (lovevnnient of the rnited States, throu;;h «'ompetent ajjeiits working iiiid -r the direction of the best ex- perts, {-ave caieful attention to the improvement of the seal lisheries. Proceedinji l)ya close obedience to tli;' laws of nature, and rigidly limit- ins of Enjilish laborers, since Alaska was tiansferred to the United States, amount in tlu' a;;s;rejiate to more than sl2,0(»0,(K>0. The entire business was then conducted peacefully, lawfully, ami lU'oHtably — i»roHtably to the Tiiited States for the rental was yi«'ldiii>;' a moderate interest on the lariic sum which this (io\-ernnu'nt had jtaiil for Alaska, iiicludiii{; therijihts now at issue; prolitably to tlu' Alaskan Comi>any, which, under ,ii-overiinienfnl direction and restri<'tion, harolitably to the Aleuts, who were receivinji' a fair pecuniary reward tor their lab(U's, and were elevated irom semisavajicry to civilization and to the enjoynu'ut of schools and churches ]U{>vided for their benefit by the (lovernment of the I'liited States; and, last of all, i)rotitably to a larfi'e body of Enjilish laborers who had constant emphiyment and re- ceived jyood wajnes. This, in brief, was the cfmditicm of the Alaska fur-seal fisheries down to the year 1uvse to destroy the tislMUM«\s and with theuj to great and irreparable harm. It was <'anse of unfeigned surprise to the United States that Her Majesty's (Jovernment should imiuediatelj' interfere to defend and en- courage (surely to encourage by defending) the <*(mrse of the Canadians in disturbing an industiy which had been carefully developed for more than ninety years under the thigs of Hussia and the United States — de- veloped in such a manner as not to interfere with the ]mblic rights or the private industries of any other people or any other person. Whence did the ships of Canada derive the right to do in 1880 tliat which they had refrained from doing for more than ninety years? Upon what gnmnds did her Majesty's (Jovernment defend in the year 188(> a c()(>. If four years of this vi=eal by 40 ])er cent, it is easy to see how shcut a period will be re(|uired to work the total destruction of tin* lisheries. The ground upon which Her MaJesty'sGovernnunit Justifies, ov at least defends the course of the Caiuulian vessels, rests upon the fact that they are committing their acts of destruction cm the high seas, viz, mcu-e tha i ."> mariiu- miles fr<»m the shore line. It is doubtlul whether Her Majesty's (Jovernment would abide by this rule if theattempt were made to interfere wirii the pearl tisheries of Ceylon, which extend more than 20 nnles from the shore liiu' and have been enjoyed by England without molestation ever since their ac([uisition. So well recognizt'd is the British ownershi|»of those fisheries, regardless of the linut of the three-mile line, that Iler Majesty's (Jovernment feels authorized to sell the pearl fishing right from year to year to the highest bidder. Nor is it credible that modes of fishing on the Grand Banks, altogether prac- ticable but highly destructive, would bejustified or even pennitted by (Jreat Britain on the i»lea that the vicicms a<'ts were committed more than .'i miles from shore. Tlu're are, accoiding to scientific authority, "great colonies offish" on the "Xi'wfoundland baidcs." These colonies resemble the seats of great populations on land. They remain stationary, having a limited range of water in which to live and die. In these great "colonies" it is, ac- cording to expert Judgim'nt.com|»arativc1y easy to explod(> dynannte or giant pmvder in such nninner as to kill vast quantities of fish, and at the same ume destniy countless uundjcrs of egg.s. Stringent laws have SEIZURES OF 1889. 203 been necessary to im'vent the tiikinji' (»f' fisli by the nso of dynamite in many of tlie iiv«'is and lakes of tlie United States. The siime mode of tishinji' eonld leadily be adojjted \vitli efleet on the more sliallow ])arts of the banks, but thedestrnetion of tish in ])ro])oition to the catch, says a hig'i authority, miglit be as jiieat as ten tliousand to (»ne. AVouhl Her .\Ia.jesty's Government think tliat so wicked an act conhl not be ]»reventcd and its jterpetrators punished simply because it had been connnitted outside of the 3-niile line? Why are not the two cases parallel ? The Canadian vessels are en- {i'ajied in the takin;^' of fur seal in a manner that destroys the i)o\ver of re]»roduction and insures the extermination of the species. In exter- minatinj;- the sjK'cies an article useful to mankiny the employment of dynamite on the hanks it is not jnob- able that the total destruction of lish ccmld be accomi)lished. but a se- rious diminution of a valuable food for man mij>ht assuredly result. J)oes Her IN^ajesty's CJovernment seriously maintain that tiie law of na- tions is powerless to in'<'vent such violation of the conunon rij^hts of man? Are the sui>i)orters of Justice in all nations to be declared in- ('ompeti'iit to prevent wronjjs so odious and so destructive? In the judj>'ment of this (lovernment the law of the sea is not law- lessiH'ss. Nor can the law of the sea and the liberty which it confers and which it protects be perverted to justify acts which are immoral in themselves, which inevitably tend to results aj^ainst the interests and ajiiiinst the welfare of lUi.nkind. One step beyond that which Her ]MaJesty's (lovernment bas laken in this contention, anton. I now liaA'*' the honor to inform y(>u that Her iNFaJesty's (Jovernment are willinji to adoi)t this sugjuestion. and if ajureeable to your Goveru- inent will take steps conciirrently with them to invite the ])artieii>atiou of Itussia in the renewed iieyotiatious. 1 have, etc., Julian Pauncefote. Mr. Blaine to iSir Julian Faunre/ote. J)j;pAi{TMENT OF State, W'asliiiH/ton. March 7, 1890. ]\IvDeat? Sir Juliain': I liave extracted fronioflicial , I^'ifty-llrst Congress, first session, pp. 15-25.) Sir. Julian Pauncefote to Mr. Blaine. "vrAsiTiXGTON, ApriJ — , isno. (h'eceived April 30.) Beab Mt;. Blaine: At the last .sittiu};? of the Conference on the Behring Sea I'Msheries question, you expressed doubts, after readingthe memorandum of the Canadian Minister of Marine and Fisheries, which by y(mr courtesy has since been printed, whether any arrangemeut could be arrived at that would be satisfactory to Canada. jTou observed that the proposals of the Cnited States had now been two years before Her Majesty's Go\einmeMt. that there was nothing further to urge in sni>port of it; and you invited me to nndiea counter l>roposal on their behalf. To that ta.^k 1 have most earnestly applied myself, and while fully sensible of its gieat diflicnlty, owing to the con- flict of oitinion and of testimony which has nianiiesfed itself in the course of our discussions, 1 do not despairof arri\in}j at a solution which PROPOSED INTERXATIONAL MEASURES, 1890. 205 will be siitisfuctovy to all the (Tovevniiu'iits concerned. It has been ad? mitted, from the coiiimeiiceiuent, that tho sole object of the negotiation is tlie inescrvatioii of tli«' fur seal specdes for tile benefit of mankind, and that no considerations of advantage to any pai'ticular nation, or of benefit to any i)rivate interest, should enter into the question. Such being the basis of ne<>(»tiation, it would bestranj;«'indeedif we ."•hould fail to devise the means of solvinji' the difliculties which have nnfortunately arisen. 1 will proceed to explain by wiiat method this result can, in my judjinient, be attained. The ^reat divergence of views which exists as to whether any restrictions on pelagic sealing are neces- sary for the preservation of the fur-seal sjiecies, and if s«>, as to the char- acter and extent of s»ich restrictions, renders it imi»ossible in my opinion to arrive at any solution which would satisfy public opiniim either in Canada or Great IJritaiii, or in any country which may be invite«l to accede to the projMJsed arrangement, withrejudice to the ultimate decision on the points to be investigated l)y the commission. Those nieasures, which I will explain later on, would effectually remove all reasonable apju'ehension of any depletion of the fur-seal species, at all events, pending the report of the commis- sion. It is imi)ortant, in this relation, to note that while it has been con- tended on the part of the rnited States Government th;ii the deph'tion of the fur-seal species has a!reaaHiireiiu'nt henttot'ore made, and Home of tliem nnich beyond those lines, showin^j conelnsively that weal life is not beinj; depleted, btit is fullv up to the estimate j>iven in my report of 1887. Mr. Elliot, who is freciuently ai)iiealed to as a great authority on the subject, affirms that, such is the natural increase of the fur-seal species that these animals, were they not ])reyed upon by killer whales {Orea l/linliator), sharks, and other submarine foes, would multiply to such an extent that " liehring Sea itself could not contain them." The Honorable Mr. Tapper has shown in his menuuandum that the destruction of seals caused by jielagi*' sealing is insignificant in com- l)arison with that caused by their natural enemies, and gives figures exhibiting the nuirvelous increase of seals in spite of the dei)redations complained of Again the destructive nature of the modes of killing seals by spears and fireaims has ai)i)arently been gn'atly exaggerateid»- lished in San l"'ian«isco and designed for the information of Eastern United States Senators anrehension on that score, T would pi'opose the following provisional regulations. 1. That i)elagic sealing should be prohibited in the Uehring Sea, the Sea of Okhotsk, and the adjoining waters, during the nu)ntha of May and June, and during the months of October, November, and Decem- ber, which may be termed the "migration periods" of tiie fur seal. 2. That all seallDg v«'ssels should be ju-ohibited fnun ai)])roaching the breeding islands within a radius of 10 miles. These regulations would i)ut a stoj) to the two practices complained of as tending to externiinate the sjiecies ; tirstly, the slaughter of female seals with young during the migration periods, es|»ecially in the narrow ])asses ()f the Aleutian Islands; secondly, the destruction of feniRle seals by niarauders surreptitiously landing on the breeding islands under cover of the dense fogs which almost continuously jtrevail in that local- ity during the summer. Mr. Taylor, another agent of the Uniti'd States Government ass(uts that the female seals (called cows) go out from the breeding islanrevention of any violation of the laws applicable thereto. I have the honor to inclose a draft of a ])reliminary conven- tion which I have prepared, i)roviding for the ai)i>ointment of a mixed- commission who are to report on (!ertain s[>ecitied (piestions within two years. The draft embodies the temporary regulations above described to- gether with (►ther clauses which appear to me necessary to give proper effe( t to them. Although I believe tluit it would be suflKijient during the "migration periods" to prevent all sealing within a speciH«'d distance from the ])asses of the Aleutuni Islands I hav«' out of a deference to your views and to the wishes of the Russian Minister, adoi)ted the fishery liiu^ de scribed in Article V, and which was suggested by yon at the outset of out negotiation. The draft, of course, contemplates the coni'ln.'-ion of a further convention after full examination of the report of the mixed Ti PROPOSED INTKUNATIONAL :VIEASURKS, 18(10. 207 coininission. It also iuak«'s provision i'ov the nltiiiiiite st'ttleiin'iit by arbitration of any ditteriMMM's which the r('i>ort of th(^ coniinission may still fail to adjust, wiicrcby the iin])(»rtaiit eh'uiont of finality is secured, and in order to .nive to tiie i>roj)osed arninji'enient the \vid«'st interna- tional basis, the draft i>rovides that the other i)o\vers shall be invited to a<'cede to it. The above proposals are, of course, subniitted ad rt'frrctuhim, and it only iu)\v remains for nie to commend them to your favorable considt'r- ation and to that of the Russian Minister. Tliey have been framed by nu' in a sjurit of Justice any of Mr. Blaine's note of the L'L'd of that month, in answer to the protest made on behalf of Her Majesty's Government on the 12th October last, against the seizure of Canadian vessels by the United States revenue-cutter linsh in IJehring Sea. The importance of the subject necessitsited a relerence to the Gov- ernment of Canada, whose reply has only recently reached Her Maj- esty's (lovernnient. The negotiations which have taken place between JMr. Blaine and ytmrself afford strong reason to hope that the difficul- ties attending this question are in a fair way towards an adjustment which will be satisfactory to both Governments. 1 think it right, how- ever, to itlace on rccoid, as briefly as jxissible, the views of ller MaJ- estv's Government on the princijtal arguments brought forward on be half of the United States. Mr. niaine's note 7, and that fiom this date (Miwards until liSSO they had also remained in the undisturbed posses- sion of the United States Government. li. That it is a fiict now held beyond denial or doubt that the tak HI! of seals in the open sea rai>idly leads to the extinction of the species, and that theiefore nations not possessing the territory uj)on which seals can increase their numbers by initural growth slumld refrani from the slaughter ()f them in the open sea. Mr. Blaine further argues that the law of the sea and the liberty n |l !»• I ;' n^ i ii Hi i i j i ! 1 1 ; 1 ti ' 1 i ; 1 i ! 1 mS 1 d 208 DIPLOMATIC CORRKSrONDENCE. wliicli it<*onfi'rs(l(>n()t Justify acts wliicli are iiniiKiral in flu'uisj'lvi's, ami wiiit'li inevitably tend to results ai-ainst the interests and ayainst the welfare of mankind; and he jnoeeeds to Jiistity tiie forcilde resistautt? of the United States (iovernnu'ut by the neeessity of defendinj> not only their own traditional and long-established rights, but also the rights of godd uKU'als and of good government the world over. He dei'lares that while the United States will not withhold fioni any nation the lu-ivilegeswhich they ir«', the/ are not disposed to exercise in the possessions acquired from IJussia any less i»o\ver or authority than they were willing to concede to the liniperial Government of Jiussia when its sovereignty extended over them. He claims from friendly nations a recognition of the same rights and privileges on the lands and in the waters <)f Alaska which the sam«' friendly nations always <;on- Ci'dod to the Empire of Russia. With regard to the first of these arguments, namely, that the seizure of the Canadian vessels in the IJehring's 8ca was justilied by the lact that they were "engaged in a pursuitthat is in itself cm»/*7( Iwhos iinurs — a ]mrsuit which of necessity involves a serious and ]>ermanent injury to the lights of the Government and ijeople of the United States," it is obvious that two questions are involved : first, whether the jnirsuit and killing of fur seals in certain j)art8 of the open sea is, from the point (►f view of international morality, an otfcnse contra honoti moirs; and sec- ondly, whether, if such be the case, this fact justilies the seizure on the high seas and subsequent confiscation in time of peace of the private vessels of a friendly nation. It is an axiom of international maritime law that such action is only admissible in the case of piracy or in pursuance of s])ecial internatit)nal agreement. This principle has been universally admitted by Jurists, and was very distinctly laid down by President Tvler in his special message to Congress^ dated the 27th February, 1in43, when, after ac- knowledging the right to detain and search a vessel on susi>icion of piracy, he goes on to say: "With this single exception, no nation has, in time of peace, any authority to d«'tain the ships of another upon the high seas, cm any pretext whatever, outside the territorial jurisdiction." Now, the pursuit of seals in the ojten sea, under whatever cin-um- Htances, has never hitherto been considered as piracy by any civilized state. Nor, even if the United States luul gone so far as to make the killing of fur seals piracy by their municipal law, would this have Justilied them in ininishing offenses against such law committed by any pers(ms other than their own citizens outside the territorial jurisdiction of the United States. In the case of the shave trade, a practice which the civilized world has agreed to look upon with abhorrence, the right of arresting the vessels of another country is exercised only by special international agreement, and no one government has been aUowed that general con- tr(d of morals in this respect which Mr. Blaine claims on behalf of the United States in regard to seal-hunting. But Her Majesty's Government must questicm whether this pursuit can of itself be regarded as contra bonos mores, unless and until, for special reasons, it has been agreed by international arrangement to for- bid it. Fur seals are indisputably animalsy'crrt' natura\ and these have universally been regarded by jurists as res tndiitis until they are caught; no person, therefore, can liav*' property in them until he has actually reduced them int«) possessitm by capture. It requires something more than a mere declaration that the Govern- tit PROPOSED IN'riORNATlOXAL MIOASUUES, 1890. 201) iiUMitorcitizi'iis of llu' Tnitrd States, ovevoii otlicrrouiitiics int<'i«'sti'(l ill thv seal trade, an' losers by a <'ei'taiii course ol" proceeding', to render that coiii'se an iainioral one. Her Majesty's (lovernnient would deeply re<;rct tliat the juirsuit of fur seals on the hi;ih seas by liritish vessels should involve even the slij>htest injury to the ]>eople of the United States. If the case l>o l>roved. tln-y wiM l)e I'cady to consider what measures v.xu be proj>erly taken for the remedy of such iujury, but tln'y would be unable on that yrcMind to deitart from a principle on which free commerce on the hijjfh seas dei)ends. The second arf^iiment advanced by .Mr. Blaine is that the "fur-seal fisheries of llehrinj;' S<'a had be«'u exclusively controlled by tin- ( Jovern- inent of Russia, without inteiference and without (|u«>stion, from their original discovery until tln^ cession of Alaska to the United States in 18(17,'' and that "from I.S(m to 1SS(5 the i>ossessinnnerce, whaling, and lishiiift' from JJeriug Straits to the II fty-Iirst degree of north latitude, and not only prohibited all foieign vessels from landing on the coasts and islands of the above waters, but also [)revent«'d them from ai>proaching within 100 miles thereof, .Mr. (i,)uincy Adams wrote as follows t<) the United States Minister in Rus- sia: Tlic IJiiitffl Stiiti's can iiilniit no )iiot of tln'sc cliiinis; tlu-iv lijjlit of niiviy;ati<>n iind lisliiiii; is porl'oct, anil lias lii-i-n in constant cxiTcisi', from the earliest times tliron;;ii(>nt tile wiiolc (!Xt(!nt of tlie Sontliern Oeeau, .snliject (tiily to the ordinary »'xee|ilioiis and cxelnsions of tlie territorial Jiirisdictionn. That the right of Hshing thus asserted included the right of killii>g fur-bearing animals is shown by the case of the United States brig Loriot. Tliat vessel proceeded to the waters over which Russia claime«l excbisive.jurisdi(!tion for tin; jmrpose of hunting the sea otter, the kill- ing of which is now prohibited by the United States statutes apjdicable to the fur seal, and was forced to abandon her voyage and leave the waters in ((uestion by an armed vessel of the Russian Xavy. Mr. For- sythe, writing on the case to the American Minister at St. Petersburg on the 4th of May, 18;}7, said: It is a violation of the rifrhts of the citizens of tlie United States, ininieniorially exercised and secured to them as well by llie law of nations as by the stiimlation.s of tlie lirst article of the convention of 1821, to tish in those seas, and to resort to the coast for the prosecution of thiiir lawful conuiierce upon points not already occu- pied. From the speech of Mr. Sumner, when introducing the question of the purchase of Alaska to Congress, it is equally clear that the United States (lovernmeut did not regard themselves as purchasing a monop- oly. Having dealt with fur-bearing animals, he went on to treat of fisheries, and after alluding to the presence of different species of whales in the vicinity of the Aleutians, said: "No sea is now mj arc claiistim; all of these nmy be pursued by a ship under any Hag, except directly on the coast <)r within its territorial limit." I now come to the statement that from 18(57 to 1880 the possession was enjoyed by the United States with no interruption and no intrusion from any source. Her Majesty's Goverumeut can Uot bat tliiuk that '27 ^ 0\ I III ' II! 'Ill 210 DIPLOMATIC CORRKSPOXDENCE. ,■ 1 m ! li! liii 't '•ii li ll: (J . ■ '1 1 i I 1 it * ' t 1 i 1 M ' i I j I ■ 1 ■ 1 i 1 1 ILV !i Mr. Bliiine liiis bcou misinroniied sis to the liistni-y oftlu' opcriitions in lirliriiiK Sea dnriiij; that pt'iiod. Tli«' instances rccnnliMl in iiM'losnrc 1 in this dispati'h arc snt1i<-i('nt to jnove from otlicial I'nitod States sources that from IS(J7 to ISStJ liritisli visssels were eiijiaj^ctl at intervals in the far seal (isheries with the eofiiii/ance of th<' I'nited States (lovernnuMit. I will here Ity way ut example quote but one. In lS7li Collector Phelps rep(U'te'e. Mr. Secretary IJoutwell informed him, in reply, that he did not con- sider it exi>edient to send a cutter to interfere with the operations of forei^iuers, and stated: ''In addition, I do not ac«' that the Tniti'd Stat»'S would have the Jurisdictitui or power to drive otl" parties fi'oin};' up there for that i)ui'pose, unless they nnule such attempt within a nnirine league «)f the shore." liefore leaving this part of Mr. Blaine's argument, I would allude to his remark that " vessels from other nations passing from time to tinn^ through liehring Sea to the Arctic Ocean in pursuit of whales have always abstained from taking part in the cai>fure ()f seals,'' which he holds to be proof of the recogniti(Hi of rights held and exercised lirst by Russia and then by tin' T'nited States. Even if the facts are as stated, it is not remarkable that vessels ])ushing on for the short season iu which whales can be captured in the Arctic Ocean, and being litted esi)ecially for the whale lisheries, ueg- le«'ted to (tarry boats and hunters for fur seals or to engage in an en- tirely ditferent pursuit. The whalers, moreover, pass through Bebring Sea tor the tishing grounds in the Arctic Ocean in April and J\Iay as soon as the ice breaks up, while the great bulk of the seals do not reach the Pribilof Islands till June, leaving again by the time the closing of the ice com- pels tlie whalers to return. The statement that it is ''a fact now held beyond denial or doubt that the taking of seals in the oi)en sea rapidly leads to their extinc- tion" would admit of reply, and abundant evi«lence could be .adduced on the other side. But as it is proposed that this part of the ([uestiou should be exanuned by a committee to be api)ointed hy the two Gov- ernments, it is not necessary that I should deal with it liere. Her Majesty's (Jovernment Avithin reasonable limits. PROPOSKI) IXI-KKNATTONAL MKASl'KKS, ls«)0. 211 » 1 . Tlie nofioliiitioiis now hciiijf csinied <»u at Wiisliiii<>t(>ii prov*' the rcinl- iiK'ss of llcr Miijesty's (iovcnimciit to consider wlietln'i' iiiiy .spccia- iiittMiiiitioiiiil ii^iTccmciit is iiccessary for the protection of the fur seal I ing iiuliistry. In its absence thoy are unable to admit, that the(!as«^ put forward on behalf of the I'tiited States aUbids any sntlirient Justiti<^a- tion for the foi'cible action already taken by them a;iaiiist i)eaceable subjects of Her .Miijesty en;ia};ed in lawfid operationson the hif>h sj'as. "The President," says Mr. Blaine, " is persuaded that all friendly nations will conitede to the United States tlu^ siiinc ri}{hts and piivile};es on the lands and in the watersof Alaska which tlu^ same friendly nations always conceded to the Kmpire of Russia." Uov Majesty's (lovernnuMit have no ditlicidty in makiuff such a con <-ession. In strict accord Avith the views which, previous to the present controversy, were consistently and successfully maintained by the I'nited States, they have, whenever occasion arose, ojjposed all claims to exclusive privileges in the nonterritorial watersof Behring Sea. The rights they liave demanded have bci^i those of free navigation and tish- ing in waters which, i)revious to their own accjuisition of Alaska, the United States dec-liired to be free and open to all foreign vessels. That is the extent of their i)resent contention and they trust that, on consideration of the arguments now presented to them, the United States will recogni/.e its justice and moderation. 1 have to re<|uest that you will read this dispatch to Mr. Blaine and leave a <'.oi)y of it with him should he desire it. 1 am, etc., \: ii 1 1 Salisbury. [IncIoHiiro.] Ill 1H70 Collector Pliolps reported " the l)iiri|ue Cjiane lias arrived at this port (San Francisco) from Aliiskii, liavineen otiicially reported to this Di^partment l»y the coiletrtor of cnstoins at I'ort Townsend, from .\eaii May, that Hriti.sh vessels from N'ietoria cross over into American waters and eiiirage in takinj; fur-seals (which he repr3, lS!)n. Stt?: I lisiv*' the honor to inform you that a statonicnt linvinfi iip- jK^iircd ill th«' ncwspajM'rs to tin* vtt'vrt thiit the I'nitcd Stiitrs rov<'iiU(i cruisers hiivr rccrivfd orders to proceed to Ih'hriiij; Sen for the pur- pose of preventing tlie exercise of the seal lishery l»y foreign vess»'ls in iioiiterritoriiil wiiters, iiiid that stateiiieiit having been conliriiiod yes- tcKhiy by you, I am instructed by the Maripiis of Salisluiry to state to yon tlial a formal protest by ller Majesty's (Jovernnient apiinst any such iiit«'rferene«' with JJritish vessels will be forwarded to you without (>ssible. On the lltli day of No- vember, 1S87, Lord Salisbury, in an oiVicial interview with the ^linister from the United States (Mr. Phelps), cordially agreed that "a code of regulations should be adopted for the preservation of the seals in Behr- / >^. PROPOSKD INTKKNArroXAL MKASITRKS, 1890. 213 infj Soii Ciom (h'struction at impr'^itcr times, by iiM|>r<»l>«'i' ineaiis, by tlu» citi/t'iis of cither eoiiiitry." And Lord Salisimry sii;ij;ested tliat Mr. IMielps ''should obtain IVoui his (Sovcrnnient and submit to iiim (liord Salisbury) a sketeli of a system of ropfnlations wliicli wouhl bea(b'quate for the purpose." Further iuti'iviews were hehl durinj*' the following month of l-'ebrnai-y (b'^'^''^) between liord Salisbury and the Anu'riean Minister, and between Lord Salisbury and the Anieri«'an Minister ae- eompanieil by tiie llussian embassathu*. In answer to Lord Salisbury's re«pu'st Mr. IMu^lps sidnnitted the "regulations'' whieh the (rovern meiit of the United States desired; and in a^ dispateh of February 2.1 Mr. IMielps eomnumieated the tbUowing to Mr. Bayard, Secretary of State: l<))r>sitioii, t" fstalilisli liy inntunl fn'ranjjciiicnt Ito- twccn tlio <;i)vtn'ninciilH intcrcstfd, m cIohh tiiiu! Cm' fur nt-alH, lii-twrrii A|»ril l."> and Novciiibur 1, and lirtwt't'ii ItM) {li';;r('<)S of loniriiudt* west and 170 dcjjn'cs of lony;!- tnd«! t-ast in tlic IU-1ii'insolutely necessary for the protection of seals, and he suggested Oc- tober 1, instead of a mouth later, as the ternunation of the period of seal prote(!tiou.'' Furthermore, Lord Salisbury " promised to have a draft convention prepared for sid)missi(m to the Kussian ambassador and the American minister." On the 2.'5d of April the American charg*'^ was informed by Lord Salisbury that "it is now proposed to give eftect to a seal convention by order in council, not by act of Parliament." It was understood that this course was proposed by Lord Salisbury in order that the regula- tions needed in Behring Sea might be promptly applied. Vou will observe, then, that from the Ilth of November, 1SS7, to the 2.'{d of April, 1888, Lord Salisbury had in every fwrm of s|)eech assi'Utetl to tlu" necessity of a close season for the protet-tion of the seals. The shortest period which he named was from the 15th of A])ril to the 1 st of ( )i'tohcr — live and one-half months. In ad' i ll" :::^ ! y- Hill 214 DIPLOMATir; COKRKSI'ONDKNCR. cry nil I{ol)l)(Mi Island; Mint the rlost'd st'iisoii he oxfciidcil as far soiitli as the ITtli il(>;>'i'«'«' ul' iioitli latitiidt^ — 120 miles soiitli of tlic iiurtlicrii liDiiiKlary of till' llnitiMl States on tlie I'acillr ()roiiiisceen to (pu's- tion the ^ood faith of Lord Salisbury. In diplonnitie inteiconrse between (Ireat Uritaiii and the United States, be it said to the honor of both jfovernments, a verbal assurani-e from a niiidster has always been ee, there has l»een no room foi- miannderstainlinj;' between the representative-s of tlie two fi'overnments, aH may easily happen between those of sc. 1 )nriiifr this lonn interval the attention of liord Salishnry had lieen reiieatedly called to thi' snhject hy the American legation, and on those occasions the answei received from him was that no reply from the Canadian iiiithorities had arrived. Mr. Phelps proceeds in the dispatch of September 12 to say: I aj^ain pressed Lonl Salislniry for the completion of the convention, as the exter- mination of seals by the Canadian vessels was understood to be rapidly proccedinfj. TROPOSKI) INTKIiXATIONAL MKASUHF.s, 1800. 215 His IohIhIi'iii, in rf|(ly, n tl\»- |ii'ii|ii icty or flir iiiijxd tin nC t^kiii}; iiii'iisiiri'H III |ii'i-vi'iit till' Wiinliin (IrNti'in'iiiiii of hh viiliniltic iiininliiNti'v in wliirli. jih Ik- icniJirkril, i;ni;liiml liail ii ];\r<^f iiiVtiisI of its iiwii ; Inil liis ImilMliip stiitiil (liiit the CiniiiiliiMi (iii\oiiini« Uiivi'iinnciit wiih not \viliin>{ In iiilci' iiiln tlio rollVi'lltiiHi. It \v:is tliiis rnK(ll\ arku«>\v|«'(l;;'<' iic;>' details, was cntiirly snbordinatrd to tli<>jn of tlif ( 'anadian l tliat Lord Salisbury would liavc dealt more frankly it', in the hc^iiniiiii;;', lie had informed Miiiistiu* IMielps that no arran;;ement could be made unless Canada eoncuiicd in it, and that all ncfiotiation with tlu^ British (Jovcrnment direct was but a loss ol' time. When you, Mv. Ministci, arrived in this countiy a year ajio. tlierc seemed the i)est prospect for a setth'inent of this (|iiesti(»n. l»ut the K'us- sian minister and the American Secretary ol State have had the expe- riences of Mr. IMielpsaiid the Ikiissian ambassador in Loiidon repeated. In our early interviews there seemed to be as ready a disposition on your part to <'onie to a rcasonalde ami friendly adjust nieitt as there has always l»cen on our part toolVeronc. You will not Ibryct an interview between yourself, tin- Knssian minister, and myself, in which the lines for a close season in the IJelirinu Sea laid down by Lord Salisbury were almost exactly repeated by yo';:/;!!', and w»'ie insciilM'd on maps wlii<'li were before us. ;i co|»y of which is in the possession o.' the Kussian minister, and a copy also in my possession. A prompt adjustment sceijicd practical)le — an adjustment wiiich I am Mire would have i»cen lionoraliU' to all th«' countii«'s intci-csted. N(t obstacles wci'c |>resented on the Ameiican side of the (niestioii. Ifo iusistance was made upon the IJelirin;; Sea as imirc rhaisinn; no objection was iiitei'pos«'d to the entiiince of r>ritis]i slii|)s at all times on all commercial eirands throu^^h all the waters of the l>ehriu}>' Sea. IWit our nt'^otiatiitns, as in London, were suddenly Inokeii <»l1'for many weeks by the interposition of ( 'anada. When correspondence was resumed on tlu^ last day of April, you made ju I otic r for a mixed eommissioii of experts to ' the months <)f -luly, Auj;ust, and Sept«'ml)er. Your propositiim involved the «'on- dition that l>ritisli vessels should be allowed to kill seals w itliin 10 miles of the coast of the Pribilof Islands. Lord Salisbuiy's pro|)osition of LSSS was that durin<>' the same months, for which the 10 mile privilef;'e is now demanded, no IJritish vessel hunting' seals should come nearer to the Pribilof Lslands than the 47th |»arallel of north latituch:, about (JOd mih's. The open season which you thus ."elect for killinjij is the one when the areas around the hreedinj;- islands are most crowded with seals, and es- ]>ecially crowded with female seals s'(>i>'Ji' forth to secure food for the iiundreds of thousands of their youii^' of which they have recently been delivered. The destructiou of the females which, according- to expert testimony would be i>') per cent of all which the sealinji' vessels mifjlit readily capture, would inflict deadly lossni)on the rookeries. The de strm'tiou of the females would be followed by th<' destructiiMi of their young- ou the islands, and the herds would be diminished the next year ir ii I ' 5 ■I 5ff 216 DIPLOMATIC CORRESP< )NI)KNCE. U ■ hi " t 'iiiijii (' Hi, ■lilii ii ' ' !i If by this wholesale shiughtiT of the producing females and their off- si u-inj--. The ten-i.iile limit would give the marauders the vantage ground for killing the seals that are in the water by tens of thousands searching for food. The opportunity, under cover of fog and night, for stealing silently upon the islands and slaughtering the seals within a mile or even less of the keeper's residence would largely increase the aggregate destruction. Tuder such conditicms the Hritisli vessels could evenly dividewiththeT'nitedStates, within the three-miUnimit of its own shores and upon the ishmds themselves, the whole advantage of the seal fish- eries. The respect which the sealing vessels would pay to the ten-mile limit wouhl be the same that wolves pay to a Hock of sheep so placed that no shepherd can guard them. This arrangement according to your l(roi>osal, was to continue for three months of "ach year, the best months in the season for depredations ui)on the seal herd. No (course was left to the Ignited States or to Kussia but to reject the proposition. The pro])ositions made by Lord Salisbury in 1888 and the propositions nnule by Her Majesty's Minister in Washington in 1890 are in signifi- cant contrast. Tiie circumstances are the same, tiie conditions are the same, the rights of tiie United States aie the same in both years. Tlie ]»osition of England has changed, because the wishes of ('anada have demanded the cliange. The result tiien with wliicii the Tnited States is exitected to be inion, owing to delays for which this Government is not resiionsible, it is too late to conclude such negotiation in time to api>ly its results tlie iiresent season. He therefore ]>ro})oses that I ler Majesty's Government agree not to permit the vessels (which in his Judgment do injury to tlie property of the United States) to enter the Behring Sea for this season, in order that time may be seemed for negotiation that shall not be disturbeil by unt(»ward escnts or unduly influenced by Ii:i .i!^ PROrOSl<:i> IN'I'KRNATIONAI. MKASIIiKS, 1X90. 217 poi>n1ar agitation. If tin's oft'cr be acceidt'd, the I'rosidcnt bcliovos that hetbiv another season shall open, tlie friendly relations existin;; between the two countries iind the niutnal desire to <'ontinue tiieiii, will had to treaty stipulations which shall be permanent, because just and leonoiable to all parties. I have, etc., James G. Blaine. Mr. Blaine to Sir Julian Pauncefote. Depart^tent op State, Waxliiufifoii, 'hiitc J.\ If^'.K). My Dear Sir Julian: I l-ave had a pr()lon«:ed interview with the President on the matters upon whi<'h we are endeavorinj'" to come to an agreement touchiiiji' th<» fur-seal (piestion. Tin' President expresses the opinion that an arhitratitni can not be concluded in time for this season. Arbitration is of little value unless conducted with tiie most careful deliberation. What the President most anxiously desires to know is whether liord Salisbury, in order to ])rom(>te a friendly sedation of the question, will make for a single season the regulation which in 1S.S8 he offered to make ])ernianent. The President regards that as the stej) which will lead most certaiidy aiul nmst promptly to a friendly agree- ment between the two Governments. I am, etc., James G. Blaine. !'■ r-t: Sir Julian Pauncefote to Mr. Blaine. British Legatioi,, Washiiujfon, D. C, June 3, 1890. Dear Mr. Blatne: In reply to your letter of yesterday evesting a closeseascm as far south as the forty- seventh parallel of latitude, to last from April lo to October 1 in each year. At the <'lose of his nep,otiations with Mr. IMielps in Sei)tcniber, ISSS^ Jlis Lordship, still aitproving- the "measures to prev(-nt the Avanton destnu'.tion of so valuable an industry," declared, ai)piirently with re- j?ret, that ''the Caiuuliiin (lovernment objected to any sueh restric- tions" (/. e., as those which llis Loidship had in part proposed ami wholly ai)proved), ami that "until its consent would be obtained Her ^lajesty's Government was not Avillins" to enter into the convention." It is evident, therefore, that in 1S.S8 Lord Salisbury abruptly closed the neji'otiations because in his own phrase "the (.'auiidian (ilovern- ment objected." He assigned no other reason wlnitever. and until your m)te of the 2d was received this Gov'ernment had never been informed that His Lordship entertained any other objections than those ex- ju'essed in Sei)tend»er, 1S88. It is proper to recall to your recollectuni that at divers tim«*s in i)er- sonal conversation I have ju-oposed to you, on belialf of this Govein- meiit, a close season, materially shorter, in jtointof time, than was volun- tarily offered by L.»rd Salisbury and nuu-h less extended in pointof space. Insteant to take the divid- ing line between the Pacific Ocean ami the I>ehring Sea — the line which is tangent to the southernmost island of the Aleutian group — being as near as may be the fiftieth i»arallel of north latitude. Early in Ai)ril you will renuMuber that you suggested to me the ad- .antage that might follow if the sailing of the revenue cutteis for JJehr- ing Sea could be postp(Uiee th;d some form of ecpiitable adjustnu'nt might be i)ro])osed b^^ Her INI.iJesty's Government. I'iVen the revenue cutter, which annually i)asses thrimgh Behring Sea carrying supplies to the relief station at Point IJarrow in the Arctic Ocean — seventy-second degree >f ::orfh latitude — was ht'ld l)a<'k lest her appearance in iJehring Sea nught be misr«'i)re- sented as a mmobservance of the understanding between us. It is perfectly clear tlmt if your claim for Prifish vessels to kill seals within 10 miles of the Pribilof Islands, directly after the mothers are i«! ,ff PRdl'OSRD I.VTKRXATIOXiL MKASURRS, 1890. 210 l! iii ! dclivoicd of tlicir yoniij'', should be jiiauted, tlic Bchiiiiji' St'U would swiu'in with vessels enji:ij;('d iu sealiiiy — uot forty or lifty, as now, hut many hundreds, tlirou<;li the summer months. If that privilej^e should be j^iven to Canadian vessels, it nuist of cours<', l)e eonecMled at ont*e to American vessels. If the rookeries are to be thrown open to ('ana- dians. they would certainly, as matter of comnuMi riiiht, be thrown open to citizens of the Tnited States. Tiie seal mothers, wliicli icfjuire an oO miles fi the island ill sid( food area ot trom 40 ro ou nuies irom me isiauos, on an siues, ro secure looi for their younj^', would l)e slaujifhtered by inindrcds of thousands, and in a brief space of time there would bo no seals in tlu' i>eiirinj>-8ea. Sim- ilar causes have uniformly i>r(Klm*ed .«inular ctt'ects. Seal rookeries in all pints of the world have Ik'cu destroyed in that way. The present course of Great Britain will pioduce the same efl'ect on the only seal roctkia-y of any value left in the waters of the oc^eans and seas of the ji'lobe. The United States have leased the privilej'e of sealing because only iu that way can the rookerh's be preseived, and oidy in that way can this (lovernment derive a revciniefroin the Pribilof Fslands. (Jreat JJritain would jierhaps gain something foi' a few years, but it would be at the exi)ense of destroying a valuable int<'rest l)elonging to a friendly nation — an interest which the civilized woild d.esires to have ])reserved. 1 observe that you <|Uote Treasury Agent George K. Tingle iu your disi)ateh of April 30 as showing that, notwithstanding thedepredatiims ol" maraudeis, the total number of seals had increased in the I>ering Sea. The rude mode of estimating the total number can readily lead to mistakes, and other ag(uits have ditlered from Mr. Tingle. But aside from the correctness or iucoirectness of ]Mr. Tingle's conclusions <)n that ]»oint, may I ask upon what grounds do the Canadian vessels ass;-rt aclai'u, uidess they assume that they have a title to the increase of the seal herd? !+' the claim of the United States to the seals of the Pribilof Islands he well foundetl"'i" i" qncsti<)iiin<; tlK'incii lu'loiiyiiijf to cap- tured schooncis iuul tVoin ri'ii, 1890. Sir : T have the honor to acknowledge the leeeipt of your ortudal note of the 4tli instant, ('(nnnientinj;' npon the reply which I retnrned to the in(|niry contained in your letter of the 2d instant, whether the Marouis of Salisbury wouhl, in order to promote a friendly solution of the fur- seal (piestion, agree to the total exclusion of B^isii seaiers4'roni the Hehring Sea during the present tishery season. Ton expi'esstlie regret of tlie President that "his considerate and most friendly pr()i)osaHbr the adj»istm<'nt of all tremble connected with the l»ehring Sea should be so i)roniptly rejected." 1 have this day transmitted a (M)py of your note to Lord Salisbury, and pending furtiier instructions I will abstain from pursuing the dis- eussicm on the varu)us points with which it deals, especially as the views ot IJer IMajesty's Clovernment on the main questions involved are stated with gr<'at precision in Lf area and date, to carry on negotiations, hoping thereby to come to some arrangement for such a ch)se seascui as is necessary in order to preserve the seal sjiecies from extinction, but the itrovisiiyKS of such an arrangement would always require legislative sanction so that the measiivris ther<'by determined maybe enforced. Lord Salisbury does not recognize the expressions attiiluited to him. He does not think that he can have used them, at all events, in the context mentioned. ,/ PKOPOSED INTERNATIONAL Mi^ASFRKS, 1890. Mr. Blaine to Sir Julian Pauncefote. 221 Department of Statk, Wasliinfffon, June 11, If^OO. Sir: I liave shown to \\w rresi«loiit the extract tVom th** tt- Icyram of Lord Salisbury of June t>, in whicli liis lordship states that "it is bt'- yoiul till' power of Her Majesty's Government to exelude liritisli or t'anadian sliips from any portion of the hiyli seas, even for an hour, without lejiislativ*' sanction." Not stopping to comment upon the fact that his lordship assumes the waters surrounding the I'ribilof Islands to be the '■'■ hij^h seas," the President instructs me to say that it wouhl satisfy this (Jovernment if Lord Salisbury would by juiblic pro<'lamation simply request that ves- sels sailing under the British flag shouhl abstain from entering the Behring Sea for the ]»resent season. If this re that I have delayed delivering the formal protest of Her Majesty's ( 1 over ument announced in my note of the L'.'Jd of May. 1 have, etc., Julian Pauncefote. ' ■I t( ! .'¥<: k'\ i 222 ril'LOMATir CORRESPONDENCE. III if 1 ! as! I Sir Julian Paunccfotc to Mr. Blaine^ W\siiiN(}TON, June 14, If^OQ. Sir: "Witli roforoiicc to the note wliicli I lind the lionoi' to aihlicssto yoii on the 1 1th instant, I desire to ex])i'ess my deei) regret at havinfj^ faih'd np to the present time to obtain from you the assuranee, which 1 had hoi)ed to r»'ceive, that during the contiiinance of our negotiations for tlie settlement of the fur-st-al iishery (|uestion Bi'itish st-aling vessels would not be interfered with by United States revenue cruisers in the Behring Sea outside of territ<»rial waters. JIaving learned from statements in the public press and from other sources tiiat the revenue cruisers /»'h.s// and Coririn are now about to be dispatched to the Uehring Sea, I can not, consistently with the instruc- tions I have received Vom my (Jovernment, defer any longer the (tom- munication of their formal protest anut)um'ed in my notes of the 23d ultimo and the 11th instant against any such interference with l>ritish vessels. 1 have accordingly the honor to transmit the same herewith. J have, etc., Julian rAUNCEFOXE. Ill .i>tt(ii 'l|!'lii m ? H ;1 [Inolosure.] Protest. (Received June 14, 12:.35, 1890.) The undersigned, Her Britannic Majesty's Envoy-Extraordinary and Minister IMeiiipoteiitiary to thelTnited States of Anuuica, has the honor, by instruction of iiis (Jovernment, to make to theHon. .lanu-s (1. JJlaine, Secretary of State of the United States, the following comnumication : Her liritannic Majesty's (Jovernment have learned witii great con- cern from notices which have appeared in the press, and the general aiu'uracy of which has been confirmed by Mr. IJlaine's statements to the undeisigncd, that the (iovernment of the United States have issuerosecution of their legitimate industry on the iiigh seas, to un- lawful interference at the hands of American oflicers. Her Britannic Majesty's (Jovernment are anxious to <'0(">perate t() the fullest extent of their jmwer with the(Jovernnu'nt of the United States in such measures as may be found to be expedient for the protection ()f the seal fisheries. They are at the present moment engaged in examin- ing, in <'(mcert with the (Jovernment of the United States, the best nu'thod of arriving at an agreement ujtonthis point. But they can not admit the riglit of the Uiuted States of their own s<)le motiiui to restrict for this i>urpose the freedom of navigation of Behring Sea, which the United States have themselves in former years convincingly and success- fully vindicated, nor to enforce their nuuiu-ipal legislation against Brit- ish vessels on the high seas beyond the limits of their territorial Juris- «liction. Her Britannic Majesty's Government are therefore unable to pass over without notice tlie ])ublic announcenient of an intention on the jKirt of the (Government of the United States to renew the acts of inter- ference with British vessels navigating outside the territorial waters of the United States, of which they have previously had to comidaiu. ♦ .. ■:!• ( \y.l \ PKOroSED INTERXATIONAK MEASURES, 1890. 223 Tlio uiultMsijincd is in conscqiKMicc instructed formally to prot«'st aj-Jiinst sucli intcrfen'ncc, and t() ^no. Sir: I did not fail to transmit to the INIarquis of Salisbuiy a copy «»t your note «>f the 11th instant, in whi<'h, with n'ference to his lordship's statenn'ut that British lef>islation would be net-essary to enable Her Majesty's Government to exclude Britisii vessels from any portion oi the hijih seas "even for an hour," ymi infornu'd me, by desire of the I'resident, that the I'lntcd States (lovernment would be satisfied 'U" Lord Salisbury wy pid)lic prochnnati(»n simi>ly i'<''iiiest that ves- sels sailinji' under the British tla;i' should abstain Irom entering the Behring Sea during tlie ])resent season." I have now the hon(»r to inform you that 1 have been instructed by Lord Salisbury to state to ycai in reply that the President's recpiest ])resents constitutioiml dithculties whicli would preclude ller Majesty's Government from acceding to it, except as ])art of a general scheme for the settlement of the l>ehring Sea controversy, and on certain condi- tions which would Jiistify the assumption by ller JMajesty's Govern- ment of the grave responsibility involved in the proposal. Those con(litions are: I. Tiiat the two Governments agree forthwith to refer to aibitration the <|uestion of the legality of the a<'ti(m of the lJnite«l States Govern- ment in seizing or otherwise interfeiing with Ibitish vessels engaged in the IJehring Sea, outsideof territorial waters, duiing the years bSending the award, all interference with IJritish scaling vessels shall absolutely cease. III. That the I'nited States (Jovernnient, if the awanl should be ad- verse to them on the question of legal right, will compensate Uritish subjects for the h)sses which they may sustain by reason of their com- pliance with the British i)roclannition. Such are the three oonditions on which it is indispensable, in the view of Her Majesty's Government, that the issue of the projxtsed proclama- tion shouhl be based. As regards the compensation claimed by Her Majesty's Goverinuent for the losses and injuries sustained by Britisii subjects by reason of the action of the United States Government against IJritish sealing vessels in the Behring S<'a during the years IHSG, is87, and 18S!>, I have already informed Lord Salisbury of your assurance that the United States Gov- ernment would not let that cl.aim stand in the way of an amicable ad- justment of the controversy, and 1 trust that the reply whicli, by dir<'c- tion of Lord Salisbury, 1 have now the honor to n^tnrn to the President's imiuiry, nmy facilitate tlu' attainment of that object for which we have so long and so earnestly labored, 1 have, etc., Julian Paincefote. \ ( / ;i I, r \ X W ' 224 DIPLOMATIC ('OHUESl'UNI)KNCE. ^ i Vm CORRESPONDENCE RELATIVE TO THE JURISDICTIONAL RIGHTS IN BERING SEA FORMERLY POSSESSED BY RUSSIA AND TRANS- FERRED TO THE UNITED STATES BY THE TREATY OF 1867. Mr. Blaine to Hir Julian Pauncefote. Depaktment of State, Washington, June 30, 1H90. ' Sir: On tlio /itli inataiit you road to me a dispatch fnnu Lord Salis- bury dated May -w, and by his instnictioii you left with luc a copy. Jli** ]orii'c. Xor is the (iovernnient of the I'nited States dis])osed to exercise any less jHiwcr or authority than it was willinji; to concede to the Imperial Oovernmont of K'lissia when its sovereijfiity I'xtended over tin; territory in i|nestion. The President is persuaded that all friendly nations will concede to the I'nited States thesanu! riffhts and priviiefjes on the lands and in the waters of Alaska which the same friendly nalions always conceded to the Empire of Kussia. In answer to this declaration Lord Salisbury (contends that Mr. John Quincy Adams, when Secretary of State under President Monroe, lU'o- tested ajuainst the Juriste the portion of Lord Salisbury's argument which includes the ([uo- tation from Mr. Adams: After Knssia, at the instance of the Rnssian American Fnr Company, claimed in 1S21 the jmrsnits of commerce, whaling, and tishing from Reining Strait to the lifty- tiist degree of north latitude, and not only prohibited all foreign vessels from landing on the coasts and islands of the above waters, but also prevented them from ajt- ])roachiiig within 100 miles thereof, Mr. Qnincy Adams wrote as follows to the United Slates Minister in Russia: '■The I'nited States can admit no part of these claims; the right of navigation and fishing is perfect, and has been in constant exercise from the earliest times through- out the wliole extent of the Southern Ocean, subject only to the ordinary exceptions and exclusicms of the territorial jurisdictions." The quotcation which Lord Salisbury makes is unfortunately a most defective, erroneous, and misleading one. The conclusion is separated from the premise, a comma is turned into a period, an important <|uali- tication as to time is entirely erased without even a suggestion that it had ever formed part of the text, and out of eighty-four words, logically and inseparably connected, thirty-five are dropped from Mr. Adams's paragraph in Lord Salisbury's quotation. Xo edition of Mr. Adams's work gives authority for his lordship's (luotatiou; while the achixes of this Department plainly disclose its many errors. I requote Lord |1:i JURISDICTIONAL RIGHTS IN IlKRINO SEA. 225 SiilisiMiry's version of what Mr. Adiiins said, ami in Juxtaposition i)ro- duee Mr. Adams's full text as lie wrote it: I Liircl Salisliiiry's i|iiiitiitioii IViiiii Mr. AtliiiiiH.) The I'liitcd Sliitt's <'aii ixliiiit no purl of tlifsc cltiiiiiM; their riertect, and has lieen in constant exen^se tVoni the earliest times, af'Irr Ihc ixacc 11/ I7S'1. Ihron^ihont the whole extent ol'tho Sontlicrn Ocean, snltject only to the ordinary exceptions and exclusions of the territorial Jurisdictions, irhivh so far as Jliinnilits," stiid Mr. Adams, "are confined to certain islands north of the fifty fifth de- }Xree of latitude." The islands referred to are as easily r<'coj;iiized to- day as when Mr. Adams described their situation sixty-seven years aji'o. The best known amoii{>' them, both under Kussian and American Jurisdiction, are Sitkii and Kadiak; but their whole number is jtreat. if Mr. Atlams literally intended to confine Hussian iij>hts to those islands, all the discoveries of Vitus llehriiig and other ji'icat iia\ ijjators are brushed away by om' sweep of his pen, and a large chapter of history is but a fable. Hut Mr. Adams goes still farther. He declares that" Ifussian rights have no existence on the continent of America." If we take the words «)f Mr. Adams with their literal nu-aning, there was m» such thing as " IJussian Possessions in America," altiuuigh forty-fmii- years alter Mr. Adams wrote these words the United States jjaid IJussia ><7,2(M>,(MK» for these " iipssessions" and all the rights of land and sea connected therewith. This cmistruction of Mr. Adams's language can not be the true one. It wcmld be absurd on its face. The title to that far northern territory was secure to Ivussia as early as 1741; secure to her against the claims of all other nations; secure to her thirty seven years before Cajitain Co's attention to what this (lovernmeiit holds to be the indisputable mciining of Mr. Adams's entire paragTaph. 29 t i) h III .i 1 i, 226 DIPLOMATIC CORRKSPONDENCE. II if" ,i* " .=* Jilil i ii! To tliat «'ih1 ii l)ri«'i' n'vi«'\v of (UTtiiin public traiisiU'tioiiH aiid ji l>ri«'f riM'onl of ccifaiii facts will Itc necessary. At tlic close of tlic year 17'.M> the Emperor Tautby aukase, .isserted tlie exclusive authority of KMissia over the territory from the flehriiij;' Strait down to the fifty tilth dej-ree of north latitude on the American coast, following' westward ''by the Aleutian, Kiirile. and other islands" ]»ra<'tically incIosin«itheliehrin' any vessel to ai)i)roacb within 100 miles of land on either continent. I (piott^ the two sections of the ukase that contain the (»rder and the punishment: SixTioN 1. i'liH tiiinsfiction <»f coininerce, aiiroach (he suuie to within a distauee of less tlian 1(H) Italian miles. Any vessel coutraveniuj; thi'j provision shall be subject to coniiscation with her wlude caryo. Against thi,s larf/vr claim of (luihonty (viz, extending; farther south on the American coast to the fifty-firstdegree of north latitude), Mr. Adams vigorously protested. In a disjtatch of March .K), 1822, to Mr. Poletica, the Kussian minister at Washingtim, ]Mr. Adams said: This ukase now for the lirst time extends the claim of Russia on the northwest coast of America to the olst dejiree of noith latitiule. And he pointed ont to the linssian ndidster that the only foundation for the new i>ret«'nsion of Russia was the existence of a small settle- ment, situated, not on the American continent, but on a »mall island in latitude ."iT^ — Novo Archangelsk, now known as Sitka. Mr. Adams ]U'otested, not against the ukase of Paul, but against the ukase of Alexander; not wholly against the ukase of Alexander, but only against his extended claim of sovereignty southward on the con- tinent to the fifty- first degree north latitude, in short, Mr. Adcams pro- tested, not against the old possessions, but against the new pretensions of Jiussia on the northwest coast of America — pretensions to territory claimed by the United States and frecjuented by her mariners since the peaci' of 1783— a specification of time which is drojiped from liOrd Salis- bury's ([uotation of Mr. Adams, but which Mr. Adams pointedly used to fix the date when the jtower of the United States was visibly exer- cised on the coast of the Paciti<' Ocean. The names and i)hrases at that time in use to describe the geography inchnled within the area of this dispute are confusing and at certain l)oints apparently contradi«'tory and irrecoss«'ssions, and one to describe the eoast whose northern limit is the sixtieth parallel ol' north latitude. It is very plain that Mr. Adams's phrase "the continent of America," in his reference to Hussia's possessions, was used in a trrritnriiil sense, and not in w (ftofirtiiiliioil seusv. lie was drawin;i the distinction i»e- tween the territory of " America " and the territory of the •' Knssi^in )(ossessions." Mr. Adams did not intend to assert that tiiese territorial liyhts of Kiissia had no existence on the continent of North America. lie meant that they did not exist as the ukas»' of the Knipeior .Mexan- dei' had attempted to establish them — southward of the Aleutian penin- sula and on that distin<;tive part of the continent elainuMl as the ter- ritory of the I'nitj'd States. " Anu'rica" and the '' I'nited States" were then, as tlu'y are now, commonly used as synonymous. r>ritish statesmen at the tinn* used the phi-a.se precisely as Mr. Adams did. The possessions of the Crown were ^icnerically termed llritish Ainnicti. Great Britain and the Tnited States harmonized at this point and on this territorial issue aj^ainst liussia. Whatever disputes mijiht be left by these negotiations for subse(|uent settlement between the two jtowers there can be no doubt that at that time they had a common and very strong interest against the territorial aggrandiz«>- ment of Russia. The British use of the phrase is clearly seen in the treaty betwi'cn (ireat Britain and Russia, negotiated in 18L'r», and re- ferred to at length in a subsequent portion of this dispatch. A pub- licist as (Muinent as Strattbrd Canning opened the third article of that treaty in these desciiptive w;irtie8, ii])!)!! the const of thofOiitiiieiit, and the i'sliiuiLs of America to tin- iiortliwusl. » " » ]Mr. Canning evidently distingiushed "the islands (»r America" from the ''islands of the Itussian pos.sessions," which were far more nunu'r- «>us; and by the use of the phrase "/o the, nortlncfst ^\\nst as evidently linuteof all territory border- ing on the Behring Sea. The contest pertained wholly to the territory on the Jforthwest Coast. The Emperor Paul's ukase, declaring his sov- ereignty over the Aleutian and Kurile Islands, was never (luestioned or denied by any i>ower at any time. Many of the acts of Mr. Adams's public life iviiived inti'rcsting com- mentary and, where there was doubt, lumincms inter])vetation in his personal diary, which was carefutly kept from June 3, 1794, to .lanuary 1, 1848, inclusive. The present case attbrds a hai)py illustration of tln^ corroborative strength of the diary. During the progress of this corre- si)ondenee Baron Tuyll, who had succeeded Mr. Toletica as Russian Minister in Washington, called upon Mr. Adams athisotticeon .July 17, 1823, six days before the date of the dispatch upon which 1 have been III' li, t.^ >, !l >y ii S ' ^\i 228 DIPLOMATIC COI!Rr,SPONDE>CE. '?! \ m li t : 1 - i i «'<>ii!!:i('iititi^', uihI u|m>ii wliit-li Loitl Siilisbiiiy it'lics tor si)>t:iiiiiii^ liis «'<>iitnitioii ill r(';>iir«'lii'iii<> S(>:i. Dining iiii iiiiiiiiiitcil coiivcr- siitioii oC an lioiir or iiioit- bctwt'cii Mr. Adams aiiil ISaroii Tuyll, the loriiMM' said : I hilil ItiiiiHi Tiiv 11 sin'ciiilly tliiit \vc hIioiiIiI (iiiiitcst tlm vlaht tif {{iisMJa to uny tor- riluri;il I'stalili.Hlimcnt on this i-niitiiirnt. » • • It will Im' ohscrved iliai Mr. Adams iisos the same phrase in his <'oii- vei'satioii that lias misled Kii;;lish statrsmcii as to tlic true scope and iiieaiiiii;^ of his dispatch of -Inly 23, isi'.'i. When he de(dar«'d that \vt< should "('(Hitest the rijiht «d' IJiissia to any territorial establishment on this coiitiin'iit" (withthe \vord*'any'' itali«'i/,ed), luMio more meant that we should attempt to drive Uussia from her ancient possessions than that we should attt>mpt to drive ln Tiiyll tluit we hIioiiIiI iissmin' ilistiiii'tly the |iriii('i|ilf thiif tlit' Aiiit'ri- (Niii contiiit'iits iirr III) li)i|i;'i>i' siiltJiM-ts tor :iiiy new Kiir(>|ican coloiiial cstiililisliiii'Mits. Ill the messajt'e of l*resi// the fvvr and hrlriieniliiil citniUlion wliicli tlici/ have anHiimed and mainla'uicd, are hciUT/nrlh not to be cumiidered an iiitbjvol» for future colinhation hy uiiy Knro^wnii power. This v«'ry brief decrlaration {i^l fact merely the thr«'e lines italicized constitute the famous ''Monroe doi'trine.'' Mr. xVdams's words of the •Inly ))recediiiin' clearly foreshadowed this ])osition as the i)ermanent policy of the Ciiited States. The de<'larati«)n removes the last doubt, if room for doubt had been left, that the reference made by Mr. Adams was to the future, and had no possible c(uiiiection with the Knssian rights existing;' for three-([uarters of a century before the dispatch of 182.J was Avrittt'U. It was evident from the first that the detc^rmined attitude of the United States, subsecpiently supjMU'ted by (rreat Britjiin, would jireveiit the extension of Russian territory scuithward to the tiftyfirst parallel. Tlu' ti'eaties which were the result of the meetinjiat St. Pet«'rsburf»', alieady noted, marked the surrender ou the part of Russia of this pretension and the conclusion was a. joint aji'reement that ol defjiees 'ind 40 niiii- ntes slumld be taken as the extreme southern boundary of Huss'a on the Northwest Coast, instead of the tifty-tifth def>ree, which was ]>ro- claimed by the Emperor Paul in the ukase of 17!)J>. The treaty between Russia and the Uiiit»'d States was conclude'! on the 17th of April, 1824, and that between Russia and (rreat Rritaiu, ten months later, ou the l(»th ot February, IS'2'k In both treaties R issia acknowledges r)4 40 as the dividing line. It was not determined whlcii of the two nations owned the territory tiom 54 40 down to the forty-ninth ji' f • I JURISDICTIONAL RIGHTS IN BERING SEA. 229 ' 1'? I ]>ariin«'1, 1111(1 it n'liiiiincii in eiiitBritain:iiiil tli» rnitt'd StiitJ's until its tinal iKljiistiiuMit l>.v the "Oregon treaty," nejjntiatcd l»y Mr. Kiichanan antat re;;'idatiii}; or ('ontrollin;*', or even asserting an interest in, the Itnssian possessions and the llelirin};' Sea, whieh lie far to tlie n«>rtli and west of th«' terri- tory wiiich formed the basis of tiie contention. This eonehision is in- disputably i>roved by the protocols whieh were sijiiied duriii<;the pro;;- ressofthe negotiation. At the fouitli i-onferenee of the pleidpoten- tiaries, on the 8th day of March (IHL'4), the American MiiMst«'i', Mr. Henry Middleton, submitted to the liussiun represt'utative, Count Ni'S- selrode, tiie following: 'I'lic iliiininioii can not Ix* iii'(|nir<'il Init )iy a rt>al occnpiition and jxiHSfssion, and an inti'ntion (aniniiiM) to t'stalilish it is Ity nu nu-ans snlHrii-nt. Now, it is clear, according to tlif lacts cstaldishrd, tliat iit-itlicr Knssia nor any other Kiiropean power lias the ri^ht of dominion npon the continent of America liu- tweeii the (iftieth and Hixtieth (iely to indicate the " dominion " on the coast between the fiftieth and sixtieth parallels of north latitude. The important dechirations of Mr. Middleton, which interpret and enforce the contention of the United States, should be regarded as in disputable authority, from the fact that they are but a parajdirase of the instructions which Mr. Adams delivered to him for his guidance in u\ ii I' !i« ??' n K' i 1|; 111 J 1 1 / I' Jt^ 'r? I ■m 230 DIPLOMATIC COKRKSiPON 1 )E\CE. '•.ejiotiatiii}; the trc.ity with ('ouiit Xrssehoile. Beyond all «lonbt thoy l)rove that Mr. Adams's meaning; was the reverse of what Lord Salisbury inters it to be in the paraj^raidi of which he ([noted only a i>art. Th(^ four principal artich's of the treaty negotiated by Mr. Middletiui are as follows: Akt. I. It is UfjnMMl that, in any iiartf)f the Great Ocean, coininonly citllcd tin- Pa- cific Ocean or SDiitii Sea, tlie resiicclive citizens or subjects of tlie l;'t;h coutriictin The second article plainly shows that the treaty is limited to the Great Ocean, as separate from the liehring Sea, becau.se the limitation of the '* Northwest Coa.st" between the fiftieth and .sixtieth degrees could apply to no other. That cotist, as defined both by American and IJritish negotiators at that time, did not border on th« IJehring Sea. The third article shows the compromise as to territoriiil sover«'ignty ontheXorthwest Coast. Tlie IJ^nited States and Great Uritain hiidboth claimed that Russia's Just boundary on the coast termiuiitcd at the sixtieth degree north latitude, the southern border of the Aleutiiin penin sula. Hius.sia cliiimed fo the fifty-first ])arallel. They made a compro- mise by a nearly emnil division. An exactly e.iual division would have given Russia 54 .'JO; but 10 miles farther ncu'th Prince of Wales Islainl ]>resent«'d a beft<'r gcograiihical jioint for division, and Russia accepted a little less than Inilf the cotist of whi. citizens, and siibjeets of the two powers, without prejudice to tbe claiuia '-f either party or of any otlier state. Von are antiiori/ed to ]iro)to8e an article ot' the same import for a term ■.ii Ten years from the sijiiiature of a joint convention between the I'nited States, (incui Britain, and liiissia. It will be ob.served that the fourth article relates solely to thf ••North- west Coast of Amerii-a" so well nndeistootl its the Coast of r^iie I'acilic Ocean, between the fiftieth ui:d the sixtieth dejiiees north latitude, and therefore does not in the remotest dej;Tee touch tiie JJehriny Sea or the- land bordering- tijion it. The several articles in the treaty between (Jreat ]>ritain and Kussia, I'ebriuivy 16, ISlTi, that could litive any bearing on the pendiujj,' conten- tion are as folhtws: Artich's 1 and II. (Snbstiintiiilly the same as in the treaty between liussia and the Unitetl States.) AiJTK'i.i; III. The liiieof demareation between thii iiosHessionsof tlieliiti;li eontract- in;i' i>ai tics, upon the coast of the continent, aii the northwest. Article V. (SuV)stantiitlly the same as Article 1 II of the treaty between Kussiii and the Unitetl States.) AiMi'i r. \'I. It is understood that the subjects of His Mritannic Majesty, from wiiat. V spai-e (d'ten years from the si-iiia- tiire id' the ]iiesent convention, the vessels of the two powers, or those be]onnin<; to their respective subjects, shall iiiutually lie at lilierty to frei|nciit without any hin- drance » hatcver all the inland seas, the ;.;ii!i't havens, and creeks on the coast men- tioMMl in .Vrticle III, for the iiurjioses of liBluuf; and of triidiiiK with the nati\es. After the tnialysis of the iivticlr ; in the Americtiii tietity there is little in the Knjilish tretity ti.ut these very ditterences corrobtmite the jiositiun of the Unitetl States. This is most i)liiinly seen in Article \'l. T.y that iirtit'le the subjects of Her Hritiinnic Majesty were ••Uiiranteed the lijiht of mivifrntin;;- freely the rivers eini)tyin}'' into the riicitic Ocean and -erges — Mount St. Elias. By this agreement Great Britain was excluded from all rivers empty- ing into the Behi-ing Sea, including the great A'ldvon and its influent, the I'orcupiiie, which rise and for a long re('e(liiij'' the treaty between the LTuited 8tate.s and Ivussia. Tiie uefi(»tiators never touched one foot of the boundary of the liehriuji' Sea, whether on continent (tr island, and never t'ven made, a refeience to it. Its nearest point, in JJristol l>ay, was a thousaiul miles distant from the field of ncfiotiation betwe«'u tlie powers. It must not be forgotten that this entire negotiation of the three powers proceeded with full kiu)whHlge and rec<»};nition of the ukase of 1S21. While all (piestions touchinji" the respective rights of the powers on the Xortiiwest Coast between the Hftieth and sixtieth parallels were discussed and pressed by one side or the other, and finally ajiieed upon, the terms of the ukase of 1821, in which the Kmperor set forth so clearly the rights claimed and exercised by Kussia in the Jiehrinf>' Sea, Mere un- tiMU'licd and nn(iuestioned. These rijEflits were tlien'fore ai itain, was to force Russia i)a('k to oi 40 as her soutliern boundary. l>ut there was no rciiuM(Mation wiiatever on tiie part ot J'ussia as to the Uehring Sea, to which the ukase espe<'ially and i)ri- mnrily appli^-d. As a i>iece of legislation tliis ukiisc was as authorita- tiv«! in the domiuions of Russia as an ai-t of Rarliii incut is in the doniin- ionsof ('i'eat I'nitain or an act oldtngress in the territory of the IJiiitfil States, Hvcept as Vttluntaril; i MJilit'd by Russia in the treaty with the United Shites, Aju-il 17. Is-l. lud in theti<'aty with (Ireif Ibit lin, February 1(!, 1825, the ukase of 1821 stood as the law c(Mitrolliiig f lie Russian possessions in America until the close of Russia's ownership by transfei' to this (rovernnuMit. Both (lie Ignited St, 'es a,nd (Ireat Britain recognizeil it, respected it, obeyed it. It did noi. as so many sni>pose, declare the IJehring Sea tct be man cltnisKm. It ourse many hun- dred miU's, east and west and north ami south. wer»' thus intentionally left by Russia for the whale fishery ami lor fishing (t|»eii and free to the world, of which other nations took large advantage. l*eili;ips in pur- suing this advantage fiueigners diigned in preventing foreign nations from molesting, disturi*- ing, or by any possibility sharing in th<^ fur trade. The fur trade formed the princii* i', almost the sole emi)loyini'nt of the Russian .Vmericnn Company. It fonued it ; eaipl >>ineut, indeeil. to siteh a/degree that it stiOii bei-aiue known only as the iiussian American Fur Company, and 30 i 11 In n H: I'i?! f 234 DIPLOMATIC CORRESPONDENCK. ' m quite siifjffostivcly tliut name is given to the Company by Lord Salisbury in tlio (lispatch to which I am replying. While, therefore, there may have been a large amount of lavvfui whaling and fishing in the IJehring Sea, the taking of furs by foreigners was always and under all «'ireum- stances illicit. Eiglit<'en years after the treaty of 1825 (in 184.'?) Great Britain made a commercial treaty with Russia, based on the principle of recipi'ocity of advantages, but the rights of the Russian American Company, which undei- both ukases included the sovereignty over the sea to the extent of KM) miles from the shores, were reserved by special clause, in a sep- arate and special article, signed after the prin<'i])al articles of the treaty had been concluded and signed. Although British rights were enlarg«ade in regard to the Northwest Coast of America were still observed, and (Ireat Britain's access from or to the interior of the continent was still limited to that ]>art of the coast between 54 40 and a point near Mount Saint Eli.'js. Tlie language of the three Husso British treaties of 1825, 184.'{, and I8,~)9 correspond with that emph>yed in Mr. Adams's dispatch to Mr. Middleton, to wliich reference has so frequently been made. This shows that the true meaning of Mr. Adams's paragraph is the key, and indeed the only key by which the treaties can be correctly interpreted and by which expressions apparently contrfidictory or unintelligible can be readily harmonized. Immediately following the jtartial (piotation of Mr. Adams's dispatch. Lord Salisbury ([notes the case of the United States brig Loriot as having some bearing on the (piestion relating to the Behring Sea. The case hai>pened on tlie I5th of Sei>tember, 183(5, and Mr. Forsyth, Sec- retary of State, in a dispatch to the Fnited States minister at St. Petersburg, declared the course of the Russians in arresting the vessel to be a violation of the rights (jf the citizens of the United States. He «'laimed that the citizens of the United States had the right immemo- rially as well as by the stipulations of the treaty of 1824 to fish in those waters. Loi'd Salislmry's understan(> miles south of Sitka, on the '' Northwest (Joast," to which, and to which »mly, the treaty of 1824 referred. Russia u])held its a<'- tion on the ground tliat the ten-year term jn'ovided in the fourth article of the treaty had c'l • 1 two years before. The case was made the basis of an applic ition on the jiart of the United States (lovernment for a renewal of tliat arti le. This ai)i)lication was pressed for several years, but filially and al)8 tliitely refused by the Russian (rovernment. JURISDICTIONAL RIGHTS IN BERING SEA. 235 TJiider the claim of Russia that the teiin of ten years had expired, the United States faih^d to secun* any redress in the Lorinf casr. With all due respect to Lord Salisbury's Judj»iuent, tlie case of the Ao/'to^ sustains the entire coriectness of the positi«m of the United States in this con- tention. It only remains t<) say that whatever duty Great Britain owed to Alaska as a RuMwian provin<'e, whatever she aj^reed to do or to refrain frou) doing, toucliing- Alaska and the liehring Sea, was not rohibitio?i upon her wiiich slie steadily respected so long as Alaska was a Russian province. It is for Great Britain now to show by what law she gained rights in that sea after the transfer of its sovereignty to tlie United States. During all the time elapsing between the treaty of 1825 and the. ces- sion'of Alaska to the United States in 18(»7, Great Britain never attlrnied the right of her subjects to capture fur-seal in the Behring Sea; and, as a matter of fact, her subjects did not, duiing that h>iig i>eriod, attempt t() catcii seals in the Behring Sea. Lord Salisbury, in replying to my assertion that these lawless intrusions upon the fur-seal fisheries began in 1880, declares that they had occurred before, lie points out one attempt in 1870, in which forty-seven skins were found on boanl an intruding vessel; in 1872 there was a rumor that expeditions were about to tit out in Australia and Victoria for the jmrpose of taking seals in the Behring Sea; in 1874 some repoi'ts were heard that vessels had entered the sea for that purpose; one case was reported in 1875; two eases in 1884; two also'in 1885. These cases, I may say without intending disrespect to his h>rdsliip, ju'ove the truth of the statement which he endeavors to c»»ntrovert, be<'ause they form Just a sutlicient number of exceptions to establish the fact that tiie destructive intrusion began in 188(». But I refer to tht'Ui now for tlie piu'pose of showing that his lordsjiip does not attenii)t to cite the intrusion of a single British sealer into the Behring Sea until after Alaska lisid been transferred to the United States. I am Justified, therefore, in repeating the 'hts of tiie I'nited States whiiii had never beuii attempted a' out that tlu're is s(»me error in the impressions which you have gathered from there<'(ud8 iu the State De- partment with respect to those communications. 1 have, etc., Julian rAiTNCEFOTJi. f !| [Tiicliisiire.] Tlie Marqtiifi of Salishury to Sir Julian Pavncefote. No. 120.] FouKiGN Office, June 30, 1800. Sik: I have to acknowledj>e your dispatch No. 8.'i of the 30th ultimo, inclosin}>: co])y of a note from Mr. IJlaine pi'ehended me-corr«'ctly when I was desci'ibing the somewhat complicated arrangements by which agree- nuMits of this kiinl are brought int() tbrce in England, liut two or three days after the 'SM April he calhul to make inquiry ou the subject, and in I'cply to his question the tollowiug letter was addressed to him by my instructi(Uis: FoHKKiX Oki-ice, .Ipril 27, 18SS. Mv I>r,.\K Wnni;: Loid Salisltniy (Icsires mo to express Lis refiict tli.at ho is not yet ill a position to nniko smy fintlier coinninniciition to yon on (lie snhjoct of tli«» soiil tisliorics in Hohrinfj Sea. Aitorliis interviow witii yon anril .?S. 1S8S. My Di'.au MAKHixciioN : Thanks for yonr note, rospi-ctiny the final sen oneo of 'n'hich, "The next stop is to briii^ a bill into Fiirliainont," I must trouble yor with a, lino. 'Fur tht. earlier correspondeut-o on this subject see ante, pp. 171-183 uu*l 212-217. GREAT Britain's willixoness to protept seals. 237 ill 1 ' I iinilcrstood Lord Siilishiiry to .say whuu I 8iiw liiiii witli M. tie Stiial. mid tipiiii luBt weuk iiloue, that it is now ]ii'0|>os*;d to ffivv ett'ect to the conventional arrange- ment for tile protection of Heals hy au order in council, not by act of Tarlianii-nt. VVlieu Mr. Phelps left the latter was thought necessary, and last week I received a telegram from the Secretary of State asking me to obtain confidentially a copy of the ])ropo8ed act of Parliament, with a view to assimilating our contemplated act of (.'ougress thereto. I replied, after seeing Lord Salisbury last Saturday, that there would be no bill inf rodiK'cd in Parliauicut, but an order in council. May I ask now if this be incorrect, as, in that event, I should particularly like to corre(;t my fonncr statement V>y this day's mail. To this tlie following reply was on the same date addressed to Mr. White: FoRKUm Okkick, Ajjnl ,js, ISSS. My Dkar Whitk: Lonl Salisbury is afraid that he did not make himself under- stood when last he sp()ke to you about the Seal Fisheries Convention. An act of Parliament is necessary to give power to our authorities to act on the ]»rovisious of the convention when it is signed. The order in condence on this question which has passed between V de .Staal and myself is inclosed herewith. I recjuest that you will inform Mr. Bayard of the stops which have been taken, with a \'w\\ to the initiation of negotiations for an agreement between the three powers priuiMpally concerned in the maintenance of tlm seal fisheries. But in di>iug .so ycui shouM state that this action on the part of Her Majesty's Government must not be taken as au admission of the rights of Jurisdiction in Behrjig Sea exercised there by the I'uited States authorities during the fishing seasons of 1SS(5-'S7 and 1S87-'SS, nor as affecting the claims which Her Majesty's (ioverument will have to present on ac- count of wrongful seizures which have taken place of British vessels eugagu<( in the seal-fishing industry, 1 am, etc., S: 'ij \ > ^^ 238 DIPLOMATIC CORRESPONDENCE. Ill imi'siiiUH'p of this dispatcli, Mu* sufjp'stioii insult' by Mr. TJayanl, to wliicli I rt'lenrd, was disciisst'd and iH';;'otiatioii8 \vcr«' iiiitiati'' dispatch con- tains the rcconl of what I believe was the first meeting- between the three powers on t lie subject : The Marquis of Salinbiiry to Sir L. West. FoKKKiN Oi'KicK, April 16, ff^SS. Sir: Tlir RiiSHinn Ambassador iiiiil the Uiiitod States cliarK*' d'allrtiroH callc*! ii]i(in mt' tliis at'tt'riKioii to discuss the i|iii'stiiiii of tlie seal lislici-i«>s in ln<'ii by the rcriMiti action ot' tlio I'nitcd States. The United States (Jovcrninont iiad expressed a desire. tJiat some ayn-enient should be arrivetl at bt^tween tlie tlire*' (•ovcrunients tor tlie pnriiose of prohibiting the. slaughter uf the seals duriniling; and, at my ro(|ueHt, M.(b- Staal had (ditained instructions trom his (Government on that ijuestion. At this preliminary discussion it was deci«h'd jirorixioiutllii, in ordrr lo ftiriiinh a hnnis /(irtK'nolialiou, and ivilhoiil ilrjiiiilirclji plviUjinen sea, and that of these a great number sank, so that their skins ccmbl not be recovered. I am, etc., SAMSUt'UY. It was iinp(»ssible to state more distinctly that any proposal inatle rt'as provisional, and was merely made for the juirpose of enablin}»' the requisite nej^'otiations to proceed. The silbsetpient discussion of these ]>roposals was nndoul>t('dly delayed in conseqiiemre of the length of time occupied by the Canadian (jovernment in collecting from consid- erable distances the information which they required before their opin- ion on the subject could bethorti(ms which have arisen with respect to these tran.stictions, though 1 do not think that, even if the view of them which is taken by ^Ir. Blaine is accurate, they would bear out the argument which he founds upon them. I shall be ghul if you will take the opportunity of informing Mr. Blaine of these corrections. I am, etc., Salisbury. I Sir Julian Pauncefote to Mr. Blaine. Washington, June 30, 1890. Sir: T have reeo'ved a dispatch from the ^liirrpiis of Salisbury Mith reference io tiie jtassage in your note to me of the 4th instant, In which you remark that in 1888 his lordship abruptly closed the negotiations ORKAT HIMTAINS WILLIN(}NKSrt TO PWO'IKCT SKALS. 231) I criius*' '• tln' ('iiiiadiiiii (lovtM'imu'iit ohJtM'ttMl, " iiimI flint \n\ " assi^iiu'd no otiu'i- vt'MSdii wliiUevri'. " III vi«'w ()t' tlu' observations coiitiiiiuMl in Lcn-d Siilisbury's disnateli of lln' liOtli of .Imu', of which a (iopy is inclosed in my last precedinj; nolc of this date, his lordship deems it unnecessary to discuss at any fiicater leiij>th the cireuiiistances which led to an interruption of the ne;»(ttiatioiis of ISSS. With rejjard, however, to the passa}>e in your note of tlu^ 4tli instant abnve referred to, his lordship wishes (ne to call your attention to the luilowinf'' stat«'inent made to him hy Mr. I'lieli)s, the United States Minister in London, (Ui the M of April, ISS ,, and which was recorded in a dispatch of the same date to ller Majesty's Minister at Washiiiftton: " I'lider the peculiar political cinnuiistances of America at this mo- ment," said Mr. IMu'lps, "with a j^eiierl election impending', it would by of little use, aiul imleed hardly ]uacticable, to conduct any negotia- tion to its issue before the election had tak«'n place." 1 have, etc., Julian Pauncefote. Mr. Blaine to Sir Julian Paunvrfote, I)EPAI{TMKNT OF STATE, Washingfon, July 3, 1^90. Sir: Your note of the 27th ultimo, covering horfl Salisbury's reply to tli<^ frieiuUy suggestion of the President, was «luly received. It was the design of the President, if L(U'd Salisbury had been favorably in- clined to his pi'op«>sition, to submit a form of settlenjent lor the consid- erati(ui of ller Majesty's Government which the President believed would end all dispute touching piivileges in Beliring Sea. But Lord Salisbury refused to accept the i>roposal unless the President should "./(>*7/«/r/7/< " accept a formal arbitration, which his lordship prescribes. The President's request was nmde in the hope that it might lead to a friendly basis (jf agreement, and he can not think that Lord Salisbury's ]iro|M>sition is responsive to his suggestion. IJesides, the answj'r conu's so late that it would be impossible now to proceed this season with the negotiation the President had desired. All iigreement to arbitrate requires careful consideration. The I anted States IS perhaps more fully committed to that form of international adjustment than any other power, but it can not consent that the form in wiiicli arbitration shall be undertaken shall be decided without full consultation and conference between the two (lovernments. 1 beg further to say that you must have misapprehended what I said touching British claims for injuries and losses alleged to have been in- tlicted u|»on British vessels in Behriiig Sea by agents of the United States. My declaration was that arbitration would logically and imm-cs- sarily inclmle that point. It is not to be conceded, but decided with other issues of far greater weight. I have the honor to be, sir, etc., James G. Blaine. 1;' 1: ; I iiife li ^ \. Mi '11 m f ( ■7"^ 240 DIPI-OMATIC COURESPONnKNC'E. I % • •! Mr. lilainv to Sir 'Ikdian Pan turf nte. Bab Hauhor, Maink, ./»/*/ /.v, isno. Sir: I rofjret tliat circuinstanct's Ix'yoiul my rjnitrol have postporu'd my ri'ply to yf that day inehtsed a dispatch from Lord Salisbury, in whi<*li hishmlsliip, referrinj;' to my in>te of May li!>,«'x presses "a wish to point out some (tr. KlaiiK^ is iiiulcra niiHcoiu'eptioii in iiiiii<;iniii^ tliat I ev<-r ^uv<> any vcrlial ur- Bnrancc or any ])rumise of any kintl with ret^ptM't to tliu t«-rnis ut° the propoauil con- vcntiou. In answer to this statement I beg you will say to Lord Salisbury that I simply quoted, iu my note of May 2!>, the facts comnninicated by our Minister, Mr. Phelps, ami (mr charge d'affaires, Mr. White, who are re sponsible for the olHcinl statements made to this (Joverument at (lifter cut stages of the seal fisheries negotmtion. On the ^oth es oflon;;i- tude west, and one hundred and seventy dejirees of longitude east in the lierin^ Si a. An«l he will cause an a<'t to be introduieil in Parliament to }i;ive ett'eet to this arrannbt that the act will be passed. He will also. join the United States (Jovernnient in any pre- ventive measures it may be; tliony orders issued totlu! naval ves- sels of the respective (Joveruments in that rejjion. Mr. Phelps has long been kn(>wn in this country as an able lawyer, accurate in the use of words, and discriminating iu the statement of facts. The iTOvernment of the United States necessarily reposi^s implicit confidence iu the literal c(UTectness of the dispatch above <]Uoted. Sometime after the foregoing conference between Lord Salisbury and Mr. Phelps had taken phu;e, liis lordship invitiMl the Russian End)as- sador, M. de Staal, and the American charge, Mr. White (Mr. IMielps being absent from Loiulon), to a conference held at the Foreign Office on the 16th of April, tonchiiigtlie J'.ehiiiig Sea contioversy. Thiscon- ference was really called at the re(|uest of the llussiau Embassador, who desired that Russian rights in the Bering Sea should be as fully recognized by England as American rights had been recognized in the verbal agreement of February 25 between Lord Salisbury and ^Nlr. Phelps. The Russian Embassador reoeived from Lord Salisbury the assurance (valuable also to the United States) that the protected area for seal life shoidd be extended southward to the forty-seventh degree of north latitude, and also the prr)raise that he would have " a draft convention prepared for submission to the Russian Embassador and the American charg6." GREAT lUtlTAIx's VVILLINONES.S TO PROTECT SEALS. 241 1 Lord Siilisbnry now coiitciuls that all tlie proroedinjjs at tln^ couriT- Riirc of Apiil Mi are t(» he r«';iiir<'/*/o»*<»/, /» ttrtin- to/ur- »«/«/< o basis for iirffotiKtion, ttnvernnu'nts and did not include the rights of Russia. Asking Lord Salisbury to adhere to the agreemcMit ot February 2"), wc leave the agreement of April 10 to 1m* maintained, if maintained at all, by Kussia, for whose cause and for whose advantage it was particularly designed. While Lord Salisbury makes a general denial of havinggiven ''verbal assurances," he has not made a special denial tril, 18S.S, as follows: •* Under the ])eeuliar circumstances of America at this moment, with a general election impending, it would be of little use and indeed hardly practi- cable to comluct any negotiation to its issue before the general elec- tion has taken place.'' I atn (juite ready to admit that sucli a statement made by Mr. Phcljis might now be adtluced as oiu' of the reasons for breaking otf the nego- tiation, if in fact the negotiation had been then broken olt", but Lord Salisbury immediately proceeded with the negotiation. The remark ascribed to Mh Phelps was made, as Lord Salisbury states, on the 3<1 of April, 1888. On the r)th of Ajuil Mr. Phelps left London on a visit to the United States. On theOtli of Ajuil Lord Salisbury atldressed a i)ri- vate note to Mr. White to meet the Russian ambassador at the foreign oftii'C, as he haat Britain and of the United 8tates towards tlii^ claim |uit forward by Knssia in IML'I.' can not he reconeiltMl with the tenor of tiu^ dispatclit's. It a|>pears from tlie pnhHshed papers tliat in 17!M)tlie Kmperor, PanI I, ^(ranted by cliarter to the Hussian American Oonipany the cxclnsive ri^lit of hnntiii);, trade, indnstrics, and liiscovcrics of new land on the N(»rthw«^st('»»a.st of America, from Behrinj^'s Strait to the titty- tilth dej>rcc of north latitude, with jtermission to the company to extend tln'ir dis. coveri«s to the soatii, and to ftu'm establishments thei'e, provirovisionally assi;>iied to the company cor- resi)onds, within liO or .'?<» miles, with that which was eventually a;:reed upon as the l)oundary bi'tween the Mritish anil Russian possessions. It comprises not only tin* whole American I'oast of lleiin;;- Sea, but a lon^' reach of coast line in the soutli of the Alaskan i)eninsula as far as the level of the southern i>ortit':ill ntlicr iiuliis- try, on all islaiilst decree of iinrtli<-rii latitiidi': also t'roiii the Ah'iitian IslaiidH to tli<- ca.stci'ii roast ol'Silifi'ia, as wt-ll us aloii;;'tlM' Kuril- Islaiuls tVoiii |{flii'iii};'s Strait to t4ie south cajie of the Islaiiil of I riip, \ i/, to 15 .><)' northern latitiiil«>, are exrliisivi'ly ^niuled to Kiissian siiliJitctH. Si;c. '2. It is therefore prohibiird to ull forei|rii vessels not only to land on the coasts and islands beloiiKin^ to HuNsia, as stated above, but also to approarh them within less than UK) Italian niiles. The trans^ri-fHsor's vitH.sel is subject to eonliseation, almi;;' with the whol(! carj^o. By this ukase the exclusive dominion claimed by Ifiissia on the Amerii'an continent was pushed sonu' 2iH> miles to the south as far as VaiKtouver Island, ami notice was for the lirst time jjiven of a claim to nniritime Jurisdiction which was regarded both in Knj^land and the Cnited States SIS extra vajfant, or, to use Lord Stowell's description of it, " very unmeasiu'e])roach upon the hi;;h seas within 100 Italian miles of the shores to wliieh that claim is made to ajijily. 'I'he relations of the United States with His Imperial Majesty have always been of the most friendly character, and it is the earnest desire of this Goveruiii;'nt to preserve them in that state. It was expected, before any a»'t which should d«^tine ♦he boundary between the territories of the United States and Russia on this cont/i»-iit, that the same woultl have been arrani^ed |i.?i t \ h 11 \'i n m t P' 244 DIPLOMATIC COKUENPONDENCi:. 1^ 1 1 -1 bytrPiity Itotwocn i\w piirtics. Ti> cxcliHle tlie vosHt-ls of oiirritizciiH fVom tln» sliorp, licyoiid the ordiiiiirv (liHttiiict' to wliifli tlif tt^rrilnrinl JiiriNdictinii <'\t*-iiilH. lia.s (ex- cited Htiil u'i'i!*t4^r Niir|)riH«). Tliis ordinance iilVt^'ts ho deeply tliH rij^hts oC tin- (Hitcd Stntt^s and of their striictt!d to in(|iiir<' wlictluT yoii art- aiitliori/t-d lo ;iivc i-xphma- tioiis of the grounds oi' I jirht, ii|>oii priiKriph-s ^ri-m-rally rt>co<;iii/.fd hy th<- hiws iiiid iisas- s«'ssioii, and explaining' tiic motive " wlncii deTcrniincd liic Imperial (i«>v- eninient to proliihit Ibreijiii vessels from approaeliin;;' tlie Nortliwest Coasts of America helonji'injf to Hiissia within tlie distam-e of at least 100 Italian miles. This measure,''' lie said, -however sexcre it may at lirst view appear, is after all but a iiieasnre of prevention." lie went on to say that it was adopted in order to put a stop to an illicit trade in arms and auimiinition with the natives. a;:ainst which the Kiissian (loverrmient had frequently remonstrated; and further on he ol)seiv«'d : I on;;)it, in th<> last ])la<'*', to recincst yon to coimHlt'i'. sir, that lln' Unssiaii posst's- sions in the racilic Ocean extend, on thi' Northwest < 'oasi nl' America . from ltehrinj;s Strait to the lifty-lii'st dejjroe of north latitude, and on (he opp<»iie >idi' of Asia and the islaiidM ad.jacenl, from the saiue strait to the forl\-liftli dej«ree. The <-\tent of Hca of which these possessions form the limits comprehends all the conditions which are ordinarih attached toxliiil xfUK (" mers fcrmces"), and the Unssian (io\ ernmcnt mijjht, consei|nently, Jud^e itself nnthori/.ed to exeicjsc upon this sea tJie riyht of Kovereij'nty, and especiall.V that of entirely interdict in^ the entrance id' torciuiiers. Hnl it prelerred only assertiiif? its essential rij;hls. witiioiit lakinj^any advaiita<>'e of localitietj. To this ^\\'. Adams replied (.'{Oth March. 1S!!1!). i»ointiny ;»nt that the only {i'round jiiveu for theextension of the Htinwian territorial claim was the estalilishinent of a settlement, not n|>on tlhe continent. I>ut upon a small island actmdly within the limits prescribed to the HuH«ian Amer- ican (Jom|>any in 171M), and he went on to say: This pretension is to he considered not only with reference to tin- i|uestion of ter- ritorial ri>;ht. Imt also to that lU'oliihition to thcM'ssels of other nations. inclndincean as a close sea, liecanse it claims territory both on its American and Asiatic shores, it nuiy sntlice to sax that the dis- taiKM' from shore Inshore on this sea, in latitnde TtV north, is not Itws than !«)' of loiifritiide, or 1,(100 miles. The Russian representative replied to tliiw n*»te. c^ndeavorino; to oreve that the territorial riohts of Hnssiti on tli<^ Northwest < oast of Ann-nca were not c< iifined to the limits of the coiict-ssion ;;iantedto i lie IkU.-tKian America*: Company in 1700, and arj;uin;; thar tlie nivut extent of the I'acitic Ocean at tin* lifty-first (lejjree of luiiitiMile di«i not invalidiite the rij;lit which Russia mi^lit Inive to consitk'r that part of tlie ocean as closed. Hut he added that further disciiHsion of this point was unnec- essary, as the Imperial (lovernment iiiid not nnoujiht tit to take advan- taji'e (►f that ri}rht. The correspondence then droiiped for a time, to be resinned in the followinji' spriuff. liiitit is perfeitly clear trom the above that the privi- le^i'cs granted to the K'nssian Ameiican <'oiiipany in 170!>, whatever eliect that may have had as regards otiier Kussian subjects, did not operate to «'xclude American vessels from any part ol the coast, and that the iittempt to exclude them in IS2I was at (»nce resistetl. Further, that the Russian Government had no idea oi any distim^timi lietweeu JURISDICTKIXAL HIOIITS IN HEKING SEA. 245 neliiin«x Sea iunl the Pucilit' Ocean, wliicli latt«'r tliey considered as reacliinji' sontliwaid from lieiiiij;" Straits. Nor tliron<>'iiont the wlioh' of th«* sulisecincnt correspondence is tlierc nny reference wiiatever on either side to any distinctive name for I'.ehrinji' Se.i, or any intimation tliat it conhl he consicUn'ed otherwise than as forniin*:' an inlejiia! part of the l*aciti<' Ocean, I n(»\v come to tlie dispatch from .Mr. .\r\ of ail ollifi' nationn to tin- (;\t.ims.'' he meant that they admitted all that |>art of them which related to the coast north of the .VIentian Ishinds; that when he spoke of the Southern Ocean he meant to except IJehrinj; Sea: ami that when he contemied that the ordinary exceptions and exclusions of the territoriid Jurisdictions had no existence, so far as Hiissian ri;;lits w»'re concerned, on the continent of .\merica, he used the hitter term not in a ji'cooijiphical hut in a "territorial" .sense, and tatritly excepted, hy a very sino-idar prtilio iiriiirii>ii. the Itussiiiu po-ises- sions. In order to trarry out this theory it is necessary lor him also to assume that the negotiator.s, iu the course of the discussions, nmde imlis- criminate useof the term "Xorthwe.st Coast of .Vmcrica,"' with a variety of sin anti dijilomatists of timt day for caution jtnd precision atlords of itself strong- aroinncnt against sin-h il view, :ind even if this laid iieeii otherwise, so torced a cmist ruc- tion wtaild retpiire very stroiiy evidc c to conlirm it. Hut a oljiiicc at the rest of the tlispatch and iit the other papers will show that tliei more simple interpietation of the words is the cturcct one. For Mr. Adams oii's. I''iiim the art iele in the Ninth Ainerie;iii {{e- \'iew it will lie seen thai the ri;;:lils of diseovery, of oeenpaney, and of nneontestctl liuHHeNHioii alleged by M. Foletieu are all withuiil foundation in tact. * * * If I i «>-r \ir\ I ii'l! ^■ i h 2Ul itli'i.oM.M'ic cou'U'r.sroN'Mr.Nci:. Oil rcrcnMKM' lollu' last iiuMitioiicil iirlicif, it will b<> fouml that tlio \vrit»M- stall's that : inrii-a ami tile tu^i* naviv'-'itioii nl I In' \vatt>iv A truili'lii the iiortliwrshMii ciiaHl of Ainnrii-aanil tlic rriti> naviv'-'itioii nl I In' waters thai waxis lis sIkii'cs Iia\ c lifcn t'iiJo\ <'il as a roiiiinnn i'iL:iil liy Miii>i<-cts iif t In' riiilnl Stall's anil nl si'vrral l''.iii'ii|ii>aii |ii>\\its witlnnii iti(iM'i'ii)ttiiiii I'm n-arl.v l<>rl.v vi>ars. \Vi' an- li\ iiK iiii'.'itis |)i'i'|)air ijiiostioii in thn' folii ar«' his o\\ n) : n'iii};' iimtiiK'r (tlu> itiili<-H It IS not. \vi' :i|)|iri'lii'n< moI il(>n\ . Itut \t is irhrlliii' llii litititiiiii III' lliiisi sillli nil iih mill till ilixriii'irifK •i!\i I ui ri!i MY 111 rwii \ riii: imiku statks am> hi'ssia. . . e Aimri.K I. In onliT to siri'iiytin'ii tlic l>onilsol° lVion(islii|i, anil to |>r»(si"vi' ni liitnr^ a porti'i't liarnimiy Mini nmul nnili'i'sianilinu iu'twcfii ll'c c-ont lart ini; |iaii it's, it i aurct'il (hat thiMV ri'siirciivo ciii/tMis ami snli|iM'ts shall not l»i> ilistnrlird or molcsli'il' •■itluT in naviiiaini'; m- in i-anyini; on tlii-ir lisherii's in thf I'acitii- On-an or in lln( South Si-as. or in lanilinu on thf ■ oasts ol'tlio.o' seas, in )>laros not alrraily oi-rnpii (I, I'm- till' |oM|iosi' o(' fairyini; on tin'ir roniituMT'' with tli«» nalivos of Mm roiintry . snli- jfiM, ih'mtIIu'Ii'sm, to !lii> ri'slriil inns anil )h'o\ lsioiih s|M*<'itii'il in the two I'ollowin;^ lUtioh'S. Altr. II. To till' finl that \ f fiiof or foniinanilf r thfi'fot. aiiil that K'lissian siilijffts shull, wi HIm* Mi:iiinfr. In- intf rilic tfil froin lainlin^ without pfrinission at aii\ sfttlfiiifiit ot rlif I'liiu-il StiitfH on the siiiil Nmtli wi'st I'oast. Aisr. mi. Iti-.iut'fil th;'i no sfttlfiiifiit >lij«lll lt»< inailf hf rfafti-r on tho Noiihwfst Coast I'Ki AiHiTii a I' iiti/fiiH ot' ti'f I'nitfii '^i.iii.c-. or nnilfi' thf ir authority, north, nor li\ l,'{.n.s»*;«it •Mil»»«"fts, or nmli-r thf ant Inn'! i v of KiiHsia, south, of thf .">r>tli ilfm'fo ofnorrh latitinlf. Ill ail *'xpiaiiaiii<«ry «iiM|iaf<'li lo Mr. J]kai,<4i, the Auiericaii Minister in Lonihtii. saiikt' tut'tr|ii't'tlyiiij; In llic N«»rMi«rs(,(!o;isl of AiiM'iirii ;;('iH'iiill.v, fir Isow it ciiii Im' snioiisly roiih'iidnl lliiit it was iiitsiiit lo (l<>iiolc only tlic itioic wt'slnly |m>i-Ijoii, (*\rlii(liiio tlir iiioi'f iiorthwrstfrly pari, Ix-i-aiisi' l>y iM'coiiiiiio a Itiissjaii possrssioii this latl(M° liad (trasi-i! to Im>Ioiio |o |||f AiiM-iiraii roiitiiiriil. .Ml'. iUaiiic st.alt-s lliat when .Mr. .Mjlii d<>;>'rr<>s rd' north latiliid<', nor in the .sca.s wliirh wa.shcd lltosc roasts, lie iiitt'iidcd to iiiak«' }idistin(-ti«>n hftwiM'ii r>fliriii;; Sea and Mm- i'at-ilM- < >c('aii. Ilitt upon r<'t<-r4>iM-<'. to a map il will Im>, .si-<>n that. th<^ sixtieth d<-};r(i'«' »d' north latitude strik(-s sliaiyht aeross ISehriii;; Sea, leaving l>y tar the larger and more important part of it to the soiiMi, so that I eonfess it appears to me that l>y im» eon'iveii an ae<;ouiit of tlic, eontrover.sy in treaties on internatioiiiil law, and that it is eontrary, as I shall show, to that whieh Mm- liritish ne;iotialors plai-ed on the treaty when th<-y adopted the first and seeond articles lor iiisertiwii in the liritish treaty of tlu^ L'Hth Fel»iuaiy. isi'."), I must further dissent from his intt-rpretation of .\rticle VII of the lat- ter treaty. That iirticle jjives to the vess(-ls of the two powers "liherty to fr(-<|uent all the inland seas, ffiilfs, havens, and en-eks on the. coast mentioned in Article III for the piirpo.^^e of tisliino' and of tradin;c with the natives.'" The expression "coast mentioned in .\rticle 1 1 T* can only refer to the first wonlsof the artich-: "TIm^ lineof demarcati«>n l>e- tw(-eii the pos.se.ssions of flu; hiyli eoiitracfin;;' parties upon MuM-oast of the continent and the island of America to the noil h west shall bediawii,^' etc. That is to say, it included all the p(»ssessions»»f the tw(t powers on the Northwest (.'oast of Am(-ri(-a. l-'or there would have Ix-eii no sense wiiatever in stipulating that Russian vessels should have freedom of access to the small portion of coast which, l»y a later part of the article, is to belong' to Russia. .And as i)eariii;;on this point it will be noticed that Article N'l, wlii(-.h has a more restricted bi-aiin;;, speaks only of "the subjects of His Hritannie .Majtisty" and iA' ''■{\\v liiif t^l' ntUHt dvHcrihcd'wx Article III." The stipulation of the treaty were formally r<'newe. Hut .Mr. rdaiiie slates that — 'I'lir rijjiil.s of the liuHHlaii Aim-riiim Coriipiiiiy wliii li, miilii liotli iikii-ics. iii(lii(lf>il lllr .soV('lciy:iil\ ovrr t III- NCII to Ilir cxti'Ilt of 100 iiiiJcN IVoiil the sliori--., WfMf li-HiTVC\ .spci'iii! rliiiiHf ill II Ht'piiriili- iiiiil .H|nMiiil aillfio .si;^ii('i| urici tin- pi'iiii'i|iiil iirticN-.s oi' I III' ti'riit.v IiihI Im'i-ii coiu'liiilril iiinl Hi^riii-ii. Upon this I have toobserve, in the first place, that th<- ukase of 17!H) did not contain any mention what«^vei- of soscreiyiity «»ver the sea; sec- ondly, that the eonte.vt of the .sejiaratt- article is such as alt«»y;ether to lirecliide the interpretation that it was meant to n-cojiiii/e the objec-- tionable claim contained in the ukase of 1821. 1 will ([iiote the article at K'ligtli : <*! Hi ■ If, 'hi *:,/» il; V \i .« I ii 248 DIPLOMATIC C()RRKS1'0N1)P:NCE. SFVAItATK AHTUI.K II. I< M !•! n It is iindiTstood in likf ni:iiiii<-r tliiit tlii' cxreptioiiH, iniinnnitioH, ninl piivilojjcH ]icn>iiiiiftrr iiiciilioiDMl nIiiiII not Ik- coimidcrcil iis at variiiuct^ witli tlit^ ])rini'ipl(^ of rtciprocity wliicli Cornis tli<> liasis ol'tho treaty iil'tliiH datji, that is to say: 1. The cxt'niption IVoni iiavi<>'ation dues (liii'in;r the lirst tlin^' yoai's whit'ii is en- joyed l>y vessels huilt in h'lissia and lielon<;in^ to linssian snbjeets. 2. Thi' exemptions of tlie liki- natnic granted in tliV Knssian ports or" the Klack Sea, the sea of Azof, and tin^ Paniihe to sni'li Turkisli vessels arriving from j)orls of tlie Ottoman Kni])ire -.itnated on tin- lilaek >Soa as do not oxcuud 80 lasts harden. S. The permission gi.intent dried or salted lisli, as likewise eertain kinds of fnrs, an. 'I'he i)ri\ ilege of the steam navigation companies of Lnheck and Havre; histly, li. The inimnnities granted in Unssia to cert tin Knglish companies, called "yacht clnhs." To suppose that uii(U;r tin' siinpl<' M-onls ''the i)rJvil«»jj«' of tlie Rns' sian Aiiu'iicaii Conipaiiy, ' ])Iace(l iii coimection with the privilejio of FreiH'h and (Jonnai! steam iiiivi;iaiioii companies and the ininuinities of yacht chibs, it was intenih'd to aeknowled^je a claim of Jinis(!t nature of the i)rivih';;cs thus ex- cepted frcmi reciprocity. They had received from tl:e liussiaii aml)a.s- 8a0 miles of the shore it shoiiUl not even have been alhuh'd to in this (*\planati(m. Nor is it possilde to agree in Mr. IJIaiiie's view that the exclusion of foreign vessels foi' a distanc;' of 100 miles from the coast remained in f(U'ce pending the negotiations and in .so far as it was m»t modified by the <'oiiventions. A claim of juristlictiou over the open .sea, which is not in accordam-e with the recogni/ed principles of international law or usage, may of course be as.serted l»y force, but <'a!i not be said to have any legal Vididity as against the ve.ssels of other cotintrirs, except in so lar :is it is positively iidniitted by conventional agreements with thos«'. countries. I do not sup))ose tlcit it is necesiiiiry that I should argm> at length npiui so elcinentary a jioint as tiiat a claim to prohibit the\esHelsof other nations from appioacliing within a distance of 100 miles from the JURISDICTIONAL KIGIITS IN BERINO SEA. 249 (M)ast is rontritry to nioilcM'ii intcniiitional iisajic. Mr. Adams anil Mr. ('anniiijfcloarly tb(Mj;;lit in lfSi'3 tliat tlie matter was beyond doul>t or disfussioii. Till' rule yrh'uh was n'cof-nizt'd at tliat time, and whicli lias been gcn- crally aibnittcd botli by jjublii-ists and (Jovcriiuients, limits tlic Juris- diction of a country in the open sea to a distance of .'{ miles from its coasts, tiiis iiavinp- l»een considered to be the range of a cannon sliot wlien the |»rincii>h' was adopted. VVheaton, wlio may be regarded as a contemporary authority, equally resjiecteil in Kurope and America, says: Till' iiiiii'itiiiii' tui'i'itory ot'cvci'.v Stati' extends t(» tlie ports, linrliors, Uuyn, iiioiiMih of rivers, anil inljarent parts of tlie sea ineloneil l>y beaUlands lielon^jiny; to tlie s,-imt» State. Tile y;eneral iisajie of nations snperadds to this extent of territorial Jurisdic- tion a distance of a nnirine Iea>>'no, or as far us a cannon shot will reach from tho shore ahdifi all the coasts of the State. And again: The rule (d" law on this snlijeet is trrra' (loniiniinn finitur «hl finitiir armonim vh; and since th«- introduction of lirearnm that distance has usually been recugni/ed to lie aliont l-f miles from the sh )re. Cliancenor Kent, who is inclined to advocate a more extended limit, still admits that — Accordinji; to the current of modern authority, the general territorial Jurisdiction extends into the sea as far as cannon shot will reach, and no farther; and this is generally calculated to be a marine league. < -alvo, one of the most recent text writers, makes a (corresponding statement: hes linutes Juridietionnelles d'un r.tat enibrassent non seulement son territoire, niais encore les eaux (|ui Ic traversent on I'entourent, les ports, les bales, les golfcM, Ics embouchures des tieuves et les mers enclavoes dans son territoire. I. 'usage gi'-- neral des nations jiermet (^galement aux l%tats d'exercer leur Jnridiction wiir la xone niaritinn; Jus(|u'il 8 milles marins uu a la purti^e cannon de leurs cotes. But i need scarcely a])peal to any other authority than that of the United States Government itself. In a note to the Sjianisli minister, dated the IGth December, 1.S(»i*, on the subject of the Spauisli claitn to a G-niile limit at !*ea, Mr. Se\^ tirtl stated:' A third priucijde bearing on the subject is also well established, namely, that this exclusive sovereignty of a nation — thus abridging the universal liberty of the seas — extends no farther than the power of the nation to maintain it by force, stationed on the coast, extends. This principle is tersely expressed in the maxim " leira dominium Jinihir iihi Jinitiir annonnn ri.v. I^nt it must always be a matter of uncertainty and dispute at what point the force of arniN, exerted on the coast, can actually reach. The publicists rather advanced toward than reached a s(dution when they laid down the rule that the limit of the force is the range of a cannon ball. The range of a cannon ball is shorter or longer according to the circiimstancos of projection, and it must be always liable to changt- with the improvement of the science of ordnance. Such uncertainty u]ion a point of Jurisdiction or sovereignty wunbl be productive of many and endless controxersies anti conllicts. A more practical limit of natioiuil Jnrdisdiction ufion the high seas wan indispensably necessary, and this was found, as tlie undersigned thinks, in fixing the limit at '.i ndles from the coast. This limit was early proposed by the jtublicists of all nniritiiiie nations. While it is not insisted that all nations have accepted or aci|niesce(l and boninl themselves to abide by this rule when applied to themselves, yet three points invidved in the subject are insisted upon by the United States: !. That this limit bus bet^n generally rocogni/.ed by nations; 2, That no oth(>r general rule has been accepted; and ;{. That if any State has succeeded in fixing for itself a larger limit, this has been done by the exercise oi' imiritime power, and I'lnistitutes an exception to the general 'I- 1. ' (I] ■■i-i ' \\ liKttou'. liilcriiut iouiil Law Uigvst, vol. 1, $ 32, I a 2r)0 DIPLOMATIC CORRKSPONDENCE. % W ^ *• v> '! iiiiilrrstiiniliii<; wliidi lixcs tlif riiiigc of a caiiiio)) shot (wlicn it in made the tost of jurisdiction) at 3 iiiiles. 80 tjenerallv is tliiH nilf acicptod that writers < niiiiiioiily iisf till' rxpn'SKioiis of a ran^t- of raiinoii sliot anil 3 uiilfH as ei|nivali-utH of cui'Ii otlii-r. In otiier nisi's, tlii-y use tin- latter expression as a substitute for the former. And iu a later ('oinnmnicatioii ou tlic 8aiiie subject of the lOtli Au- gust, 180t{, ho observes: Nevertheless, it ean not be admitted, nor indeed is Mr. Tassara understood to claim, that the mere assertion of a sovereign, by an aetof legislation however solenni, can jiavo tlie etVcet to establish and tix its external niaritime jnrisdiction. Ilis riglit to n Jnrisiliciion of U miles is derived, not from his own decree, but from the law of na- tions, and exists even though he nniy never have ]>roclainied ur asserted it by any decree or declaration whatsoever. lie can not, by a mere decree, extend the limit and fix it at miles, because, if he could, Iu; could iu the same manner and n|>on motives of interest, ambit ion, or even n]ion caprice, tix it at 10, or 20, or . 50 miles without the consent or aciiuisescence of other powers which have a connnon right with himself in the freedom of all the oceans. >Such a pretension could never besnc- <«'SMfully or I'ightfully maintained. The same prineipU's were htid down in a note addressed to Sir E. Tliornton by Nir. Fi.sh, then Secretary of State, on the 22o boarding of vessels at a tlistance of 4 h'agues from the coast, wliicli, lie said. Lad never been so applied in practici' as to give rise to comjilaint on the part of si foreign «-overn- nient; and a treaty between the United States and Mexico of 1S48, in which the bmmdary line between the two States was described as be- ginning in the (Itilf of Mexico 3 leagiu's from land. As regards this stipidation, he observed that it hatl been explained at the time that it could only aflect the rights of Mexico and the Unitetl States, and was never intended to tren jn'ci'linl*' its revival. And this security tiie British (Jov- enimeiit unte(lly considered tluit both they and the Tnited States ]iad oljtaiiiod by the conventions of 1.S24 and ISiTi. l'])on this point the instructions given l»y Mr. (leoryc ('annin;- to Mr. Stratford Cannin;;, when the hitter was named jdenipoteiitiary to n«'};()tiate the treaty of IHi'."), have a niateiial bearinji'. Writing under date of the .Stli l)e<'end)er. 1S24, after giving a suin- nuiry of tlie negotiations up to tliat date, he goes on to say — It i.s <-oiii])ai'ativel,v inilitl'ereiit to iih wlii'tlifr we liiistt-n oi' |)ost|Mtn*; all <|ii<'Htii)tis i'cs)M-ctiii;<; the liinitH of tttrritorial posNi-sHioiiH on the contiiK'nt of AiiK-rica. Iiiit tin* ]irct*-iiHioiis of the KiiHsian iikas*' of 1S2I, to «!Xi'Iiisivc doiiiinioii over tlif I'acilic, roiilil not continni' Ion<;iT nnn-pralt'il witliontconi|ii>llin^ iis to tak<- ttonif nicasnn' of ])iiltlic and ctloitiial n'monHtraiHc against it. Von will, tlienifort'. tak«' •iirr- in Mic lirst instaiu't- to rciness any attinijit to ;ri\t' this ('iL-in^c to the rliaractiT of th*! iK-^otiationH, anil will dfclari', witliont reserve, that thi- point to which alone the solicitnde of thr Itritish ecitied stipulation, and thou;otiatin^ ; Straits I am hapjiy to have it in my jtower to assure yon, lenipotcnliaries, that the Kmperoi' of Russia has no intention whatever of niaintainin^ any exclusive claim to the navijratioii of these straits or of the seas to the north of them. Thesi! extracts show was n-jinrdt'd on both sich's as a renun- ciation on tiie part of Russia of that ( laiin in its entirety, anil (.'() that though Kehrin^fStraitswasknown and specitlcaliy provided for, llelirin;; Sea was not known by that name, but was rejiardcd as part of the Paeitic Ocean. The answer, therefore, to the questions with wliii'h Mr. Bhiine con- ehides his dispatch is that Her Majesty's (loveinineut liavc always claimed the freedom of navigation and tishing in the watcis of ISchrin^ Sea outside tl>e usual territorial limit of 1 marine league from the coast; that it is imiMissible to admit that a ]niblic right to iish, catch seals, or jMirsue any other lawful occupation on the high seas can be held to be aitandoned by a natiim fnmi the mere fact that for a certain nimiber of years it has not suited the subjects of that nation to exeicise it. It nuist b«' remembered that British Columbia has come into existeiue as a i'olony at a comparatively recent date, and that the first coiisidt'r- able intiux of population, some thirty years ago, was due to the dis- covery of gold, and did not tend to an immediate development of the ship])ing interest. 1 iuive to re(pu>st that you will ciunmunicate a copy of thi8 dispatch, and of its ini'losures, to Mr. i^lnine. You will state that ller Majesty's (lovernmcnt have no desire whatev«'r tcn-efuse to the I'nited States any Jurisdiction in IJehring Sea whicii was conceded by (ireat Britain to Uussi.i,aiMl wiiich properlyaccruestotliepn'sent ptissessors of Alaska in viitue of treaties or the law of nations; and that if tlu' l'nite. n its 'I'liis tlociiinent, containing ro;r|||iitions of ^rcat extent and im|iortan<-(>, both territorial and maritime beurings, has bc(ni consich'ied witii the utmost attentii with those favorable sentiments which His Majesty's (Hiveriinient always bears lo- ward the acts of a State with which His Majesty has the satisfaction to feel himself eoiinected by the most intimate ties of of friendship and alliance, and having been referred for the report of those hi;;h le<;ul authorities wliose duty it is to advise His Majesty on such matters, the nndersiivned is directed, till such friendly explanations can take place between the two •Governments as may obviate inisiinderstanilin<>; npou so delicate ami important a point, to make such provisional protest a<;ainst the en- actments of the s.'iid nkase as may fully serve to save the ri<;hts of His Majesty's Crown, and may protect the ])ers(ins and properties of His Majesty's snbJectH from midestati\erei;riity was jiroverl to appertain to the ini)ierial Crown, in these vast and very iiiijicrfcctly occu- pied territories iroiild, hy the acknowledjfcd law of nations, he excluded from navi- gating within the distance of l(N) Italian miles, as therein laid down, from the coast, the exclusive dominion of which is assumed (Init, as His Majesty's tHiveniiiient con- ceive, ill error) to lielong to Mis Im|ierial Majesty, the Kinperor of all the Kiissias. J^O.NKONUKUUY 1* i [Inrliwiiro 2.] Afemorandum bi/ the Diike of WeUintjlon. — (Sf/ilvmlH-r 11, lSi2.) In the I'oiirse of a converHation wliicli 1 had yesterday with ('ouiil liieven, he in- formed that he had been directed to <;ive vcrlial exphinations of the ukase respeet- iiig the northwestern coast of America. 'I'liese ex]ilaiiations went, he said, to this, that the lOmperor did not jiroposc to (Mrry into execution the ukase in its extended Neiise; that Ills Imperial .Majesty's ships had liecii directed to cruise at the shortest possilile distance from the shore in order to su]iply the natives with arms and ammu- nition, and ill order to warn all vessels that that was his Imperial .Majesty's domin- ion, and that His Iiii]ierial .Majesty had liesides |;iven directions to his miiiistor in the I'liited States to agree upon a treaty of limits with the I'liiteil States. ^f [Iiu'losiire 3.] Mr. G. Canning to the Vukr nf fVtUington. FoKEiiiN Okkick. September 27, /s'??. My Lord Di'KE: Your grace is already in possession of all that has passed, liotli here and at St. I'etershiirg, on the siilijeet of the issue, in Seiitemher of last year, by the Kinperor of Russia, of an ukase, indirectly asserting an exclusive rij;ht of sover- eignty from Mering Straits to the tifty-liist degree of north latitude on the west coast of America, and to the forty-fifth degree north on the opposite coast of Asia, and (as a i|iialilied exercise of that right) prohibiting all foreign shijis, under pain of contiscatiou, fmni approaching within KM) Italian miles of those coasts. 'I'liis ukase having been conimiiniciited by Harmi Nicolai. the K'lissiaii charge d'aH'aircs at this ••ourt, to His Majesty's (iovernment, was forthwith submitted to the legal authori- ties whose duty it is to advi.se His Majesty on such matters, and a note was in coii- se)|iieiice luldresseil by the late .Mar<|uis of Londonderry to Count l.icvcn, the Russian ambassador, and also conimnnicated to His .Majesty's ambassador at St. Petersburg, jirotesting against the enactments of the said ukase, and rei|iiesting such amicaiiie <;xiilaiiatioiis as might tend to reconcile the pretensions of Russia in that i|narter of the globe with the Just rights of His Majesty's Crown and the in- terests of his subjects. As such explanations will |)robably be olfered to your grace during the eonfi-renees about to take place at X'ienua, I hasten to signit'y to you the King's commands as to the language which yon will hold on the part of His .Maj- esty upon this subject. The opinions given in November and Deci'iiiber last by Lord Stowell and by His Majesty s advocate-general (copies of which arc already in y«nir possession) will fur- nish yon with the In-st legal argnnieiits in ojipositioii to the ]ireteiisions )iut forwiird in the Russian ukase; and as in both these opinions much stress is very properly laid upon the state of actual occii|iation of the territories claimed by Itiissia. and the ditt'erent jieriods of time at which tliev were so occii])ied, I have olitained from the governor of the principal comjiHiiy of His .Majesty's subjects trading in that part of th') world the inforuiution of which your grace will lind in the inclo.sisd papers. \^\ I /I ii! !■ y! i rrL^.>- >54 DIPLOMATIC COUUKSPOMDENCf:. I! I If 'I'liiil ititnriiiiitiiiii will iMiiiltlr \i>ii siillicinitly to prove to tlir UiiRNian Minister not only that the point of prior ilisroviM'y niiiy Ix* t'iiii'ly ilis]intnl with HiiNMia, ImiI that the nini-li nion- n-rtain title of artiial ocrnpation liy tiiu iipMitN ami the trailing; servants of the IImiI.hom's Itay Company extenilsat IIiIh moment to many ile<;rees oi' liifjher latitmle on tlio northwest coast of Anu'riea than is elainu'd us the territory of Kiissia li> the nkaso in ijueslion, Knli(;liteneil statesmen ami Jurists have lon^ hehl »k insi;;nitieant sill titles of ter- ritory that are not foiinileil on aetiml orenpation, ami that title is, in tint opinion of the most esteemed writers on piililie law, to Ittt estalilislietl only liy pructieal use. With respeet to the other points in the nkaso which have the eti'ect of extemlin;; tint teiTitorial riK:hts of K'nssia over the aiijaeent seas to the nnpreceiienteil distanco of l(N) ndles from the line of coast, and of elosin'eneral commerce and navigation. Knt this im]iortiint i|nalilication the extent of the present claim entirely excludes, and when such a pro- hiliition is, as in the present case, applied to a lon^ line of coasts and also to inter- mediate islands in remote seas, where navi;;ation is lieset with iiiniinierahle and un- foreseen ilitlicnltieH and where the princip;il employnieiit of the tisherics must ho piirsned under cireiimstances which are incompatihie witli tiie prescrihed coiii'ses, all particular considerations concur, in an especial manner, with the general jirinciple in repelling such a pretension as an encroachinent ou the freedom of navigation ami the niialieiialile ri;;hts of all nations. 1 have, indeed, the satisfaction to helieve, from a conference which I have had with Count l.ieven on this matter, that upon these two ]ioints — the attempt to shut np the passa<;e altoirether, and the claim of exclusive duininion to so enormous a dis- tance from the coast — the Hnssian (iovernmeiit are prepared entirely to waive their lireteiisions. I'he only etfoTt that has lieeii made to Justify the latter claim was liy reference to an artiide in the treaty of I'liecht, which assifjns HO leagues from the coast as the distance of |irohii)ition. Hiit to this ar^ninent it is snllicient to answer that the assumptitin of smdi a space was. in the instance <|noted, h,v sti]inlation in a treaty, and one to which, therefore, the ]iarty to be atfected liy it had (whether wisely or not) ^iven its deliberate consent. \o inference eonld be drawn from that transaction in favor of a claim by authority against all the world. 1 have little doubt, therefore, lint that the public notitication of the claim to con- sider the ]iortions of the ocean imduded between the ailjoiniiiK eoasts of America ami the Knssian Kmpire as a mure rliiiimim, and to extend the exclusive territorial Juris- diction of Russia to 1(H) Italian miles from the coast, w ill be pnblii ly recalled; and [ have the Kind's eonunands to instruct your }{•■!•''•' further to re(|nire of the Knssian Minister (on the ;>;round of the facts ami reasonings t'nrnished in this dis|)atch and its inclosures) tiiat such a portion of territory alone shall be detined as lieIonriea, and to the forty-lifth dejji'ee of north latitude on the ojiposite coast of Asia; ami, as a i|ualitied exc-reise of that rifjlit of sovereignty, prohibiting all foreign vessels from approaching within 1()0 Italian miles of those coasts. After this ukase had been submitted by the King's Government to those legal au- thorities whose duty it is to advise His .Majesty on sneh matters, a note was addressed by the late Mari|uis of Londonderry to Count Lieven, the Russian Ambassador, pro- testing against the tuiactment of fhis ukase, and rci|ucsting such aniicalde explana- tions as might tend to reconcile the )iretensions of Russia in that ijiiarter of the globe wi h the just rights of His Majesty's Crown and the iirterests of his subjects. ii i JlIKlsniCTlONAI, UKillTS IX IJKI.'INC SKA. 255 We oltjfct, tirsl, t<» Hie I'liiim of sovcn-i^jiily ii-* s»^t lifi-fh in tliis nk.'ise; iiiiil, «<*(•- iiiiilly, til tlic iihhIi' ill \vlii<-li it is rxciTisnl. TIm' Ix'sl wriliTs on lilt' I:i\vm of iiiitioii> i ilisi'o\fi'r nii;ilit on pioil ^roiiiiilH iliMpiili- with K'lissia llir piioritv of ijisrovri.v of tlii-sn I'onliiH'iilM, \vi' roiiti-iiil Unit the iiincli iiiorc i-asil v provrtl, inort' roiicliiNix r, anil iiioru I'l-rtain tillr of on-npatioii anil use oii<;|ii in tirritlr till' I'laiiii of so\t'i'ri<;iity. Now, \\v ran iM'ovo that tliu Iji^liHli Northwi-st ('oiii|iaiiy ami tin* IIiiiImoh's Hay Coni|iany iiavi* lor many yi-ars iiiiliiif<; aliin;; tlii' shorrH of tlir I'arilir Orcan fmui latilndr I!) to lalilniic til) . riii'M' i-oni|iaiiicM likewise iiohhi'ss factories ami otlii-rrstaliliHliiiii'iilson MarktMi/.ir'H It'ivor. whirl) falls into tlio Kra/rr ii'lvrr. as far north as latitinli'liti :{ir, from wlionrc tlirs rai'i'y <>ii trade with the Iniliaiis inl.iiliitin.i; the ronntiieH to the west of that river, ami lio, fioin tliu nature of the eoiintry, ran loinmiiiiieate with Mneken/ie's Ik'iver with more Itieility than they e.-iii wiiii the |iostM in New Caleilonia. 'I'hiis, in i>|i|iosiiion to the elaiiiis foiiiiileil on iliseuN ery, the prioiity •>{' whieli, liowever, we i'oni'ei\e we mi<;lit fairly ilispiite, we ha\e the iiiilis|Hifal>le < laiiii of oeeiipaiiey ,'iml use for a series of years, whieli all the liest writers on the laws ot' nations admit is the hest-lbnnded claim for territory o!' this deseripl ion. ( )lijeetiii<;. as we do. tn this claim id' exclnsi\e sii\erei;;iity on the part ot' K'ussia, I mi;;lit save myself tlio IriHilde of iliseiiMsin<; the particular mode of it exercise jis set forth in this iikase. Itnt we ohject to the soverei;;nty proposed to i exercised under this nkase not less than We do to the claim of it. We can not aiimit the ri;rht id' any power possessing the soM'ieif^nty of a country to exclude the \essels of others from the season its coasts to tile distance ot' KM) Italian miles. We must ohject likew 'm' to the arran;;e- iiienls contained in the said nkase lonveyin^ to prixate inei'< ham ships the ri^ht to search ill time of peace, etc., which are i|nile contrary to the laws and usa^cH of iiiitioiiH and to the ])raetice of nioduni times, W'Ki.i.iNuroN. Vi-.itoNA, (htiiher n, IS,?.?. To Count Ni:ssKi.ui»i)K. ^l i \ it [InclimiiD' .'■. MciiKiiri' I'liiiliilt'iiticl.] Count .ScHMclroilf to thv IhiLi of If'illintiton, KHo.vi.. If II (?.l) norimhrr IS.??. Li> f'altinet do Russia a jiriH en niAn> eonsideratiiui le Mc'inoirc conlidciitiel ipie M. I«' Due lie \Velliny;toii liii a remis le 17 octohre dernier, iclai iveineiit aiix musures adoptees par S,t .Ma.iest(5 rKiiiperoiir. sous la date ilii (I) It! ••e|iti'iul(re ls:il, pour iir>lermiiier rr-tendiii' ilt!» posse«sioiis riisses siir la cote mu'il-iiii< t de rAiiierii|iie, et lionr inlerdire aiix vaisseaiix ^traiiijerH raiiproehe de ces posses>ions Jusi|u'a la dis- tance de llN)milles d'ltalie. I,es oiivertiires faites a ce siijet an (iouverneiiient de Sa Majeste I{ritannii|ue jiar lo Coiiile lie iiieven an moment oli cet Ainhassadeiir allait ijiiittcr l.onilres iloivent ih'-Ja avoir ju-oiive i|ue I'opinioii i|iie le Caliinet de St.. lames avail convue des iiiesiires dont il s'a;;it n'eriut point fond(^e snr line appreciation eiitiereiiieiil exaete ilea viuts lie Sa Ma.jeste Iiujicriale. ha Uiissie est loin lie mi^coniiaitre i|iio I'lisa^e et I'oci iipatioii eonstitnent le plus Holide lies titresirjipreslesi|Uels nil Tltat jinisse rr'elaiiicrtraii- jji-re dans le voisinai^e de la partie de cette cole i|ni liii ap|iarliiMit. C'l'tait ail eontraire ])aree (lu'ello regardail ces droits de Hoiiveraiiieti^ cotimie \6\s\- times. et parce (|ne des considerations iiii)terieiises tenant a rexistence nieiiie dn eoiii- iiieree c|n'elle fait dans les para^jes d«* la cote nord-oiicst de r.\iiir-rii|iie, la tc(rt,aieiit a etaldir iiii systi'iiie de precautions deveniies imiispcnsahles, i|U°elle a fait ]iaraitre rouka,se rti (4) IH septeiiilue 1H21. ha Itii.ssie serait ton.iours prete a faire )>art des motifs i|ui en .jiiHtitiiuit lesilisposi- tioiis; niais ]ioiir le iiioment elle se hornera anx oliservations snivantvH: — M. le Piiede Wellington atlirme. dans son Mi'iiioire conlideiitiel dii 17 oetolux', i|H« des otablissfMiients anpiiiH Ip 1)»"' Jiimu' nil 00" iitrilli|- IjU'rlli' rll i^lllM'r JiiMiiu'ii |)r«'Nriil ri'Nintriiri', pitiir aiitiiiit Mil iiiiiins ijii'IIh ti)Mi'lM>riiiciit \'i >i'i>nii l'iii-ilii|)ut. I.rs rill'trs jinj^lllisrs. iiii''iiii- Irx pllIN liM-i'litus rt IrH pIllH lU'-tllilli'CH, iriliiiii|Mi'llt iiIino- illllii'llt lllirillli-ilcs HtiltiiillN ilr riMiiMii-l'rf lllrlll iiilllli-'' |iuriilli-l«<, ronniii- Ir |iiii'ti- hi proiiiiiTr rliiirlo ilr hi ('iiinpiiKiiir Riibni- Aiii^'rivitiiio, diiirti- i|mI a ri'vn iliiDH II' limps iiiii' piildii-itr ollirirlli', I't qui ii'n iiii)tiv<^ iiiiciinv pnitcHlatioii de lii purl ill' rAii;;li'tfrri'. Crlti' iiii''iiii' rliiirli' iirriii'iliiit a hi ( 'iiiiipa^riiji' K'lisMi' Ir dridt ilr |Mii'toi' scs (^taldissr- iiiriits vi'i's II' iiiiili ail ilrh'k ilii .Vr di'^iri' ili- latitiidi' si'iiti'iitrioniili', jiiMirvii i|iii' dr ti'ls arci'iiiMMt'iiii'iilH ill' ti'i'i'iliiiri' iii- piissriit ilDiiin'r iiiotil do ri^claiiuitioii I'l aiimiie piiis- HHiiri' r^traiiKi'T''. I/Aii^lrtri'i'i- n'a pas iiini plus pritlrsti'. niniri' rcttr iliHposition : i-llit n'li ]ias iik'-iiih ri'danio coiiii'i' Irs iiiiiivi-!iiix I'talilissi'iiii'iits qiii' hi Coiiipafrniit Kiihsc Ain^ricaiiii' a ]iii I'lirnii'r an siid ilii .">' ili'^ri', <>n mtIm do ir privili'^i'. ha Knssii' r-tail dmir plrini'iiu'iii aiitorisi'i' a pruliti-r d'liu i'iiiiNi'iit<'iii«ii (sans ipir rrttr di'i'laration piiissr pi'i'jndii'irr rn ririi a srs droits, si rllr n'l^liiit )ii)int arrrplrr ) i|n'il rsl prri a lixri', all iiiii.vrii d'niir iiri^iiriation ainiralr, i't> snr la hasr ilrs I'liiivi'iiaiirrs inntni'llrs, Irs ilr;>'rr'»t dr hititiidr rt dr liinjritndr i|nr Irs driix I'liissanrrs I'l'irarilrriiiit rmnnir ilri'iiirrrs liiniti'Nih' IriirH )iiissi'ssiiiiis rt dr linirs 4^talili8si'inriits sni' la n'ltr niiidoncst dr rAniri'iiinr. Sa Ma,jrst<^ Iiiipi^rialr sr plait a rroirr i|uc rrttc iirKiiciatiiiii poiirra sr trriiiinrr sans iliMlrnltt'' a la satislactimi ri^riprniiiir ilrs ilriix Pjats; rt Ir Caliiiirt dr linssir )H!nt assiirrr di'8 a ]ti-rsrnl M. \f Diir dr Wrlliiijitiiii ipir Irs inrsnrrs dr ])i'rraiit inn ct dr snrvrilhini'*' ipii smnit prisrs alors snr la jiartir riissr dc la rrf'itr liich I iiii\r written to Count Lirvi'ii, whirli i'X|daiiis my olijrrlions to thr HnsHiaii "Mrinoirr rontidrntiol." This ipirstliin, thru, stands exactly wlirru it did. 1 have nut heen able to do any- thing upon it. 1 have, «.Vc.; WKU.INUTON. JUUISIUCTIONAL RMSIITS IN HKKING SKA. 2*)? {Itirlimiiru 7.| The Ihikv «/ IVelhiiijIoH to i'ount lAtrvn. VkHona, Xorniihir JS, /S.'?. il. I.i: CoMii: : Ila\ iny coiiHithTftl (1h< |iii])«>i' wliioli your fNcrllnicv ua\t> iiic hiHt iiiulit. DM lliu part (if IiIm i>\i'ull iikast' on two Ki'oninU: (!) 'I'lial Ills Imperial Majesty assnniei* thereliy an exclusive soveiei^nty in Nort li AnnTJea, of wliirli \vu are not pi'epared to aeknowleilp' I hoexistente or the extent; upon tliis jioint. ho\ve\er, the nn'nmir of ( 'omit N'(>ssi'lroilt> tjiieo atloril the means of nei;oliat ion ; ami my (ioveiiunenl will hit reatly to ilisenss it, eit in'r in l.omlon or St. reterslinry;, w hencNt-r the stale of t lit) J.isensHions on the ot In i| nest ion arising; out of the ukase will allow of llieilisenHsinn, The seeoinl ^I'ouml on whirh we ohjeel In lint nkase is that His Imperial Majesty thel'eliy eXelniles from a eeliain eiinsiileralile extent of the iipi'll sea M'ssels of other nations. We ronh ml that the assumption nf this power is i'iiiitr::r,\ to the law of nations; iinil we eaii imt fonnil a ne<;olialion npon a paper in whirh it iH a<;iiiii hroadly as-iei'teil. We eonteinl that no power whatever <'an exelmie another from the nse of the open seu; a power eaii exrliide itself from the na\ i^ration of a eerlaiii coast, sea, etc.. hy its own act or eniraKemeiit, Imt it can not l)\ ri;;ht lie exclnded hy another. This wc eonsnier as the law of nations; and we can not nejrotiate upon a paper i'l w hich a ri>;lit is asserted inconsistent with this principle. I think, tli<-refore, that the liest mode ot' proceeding; wimid lie that you shonld state your readiiii'ss to ncjrotiate npon the wliolc sn 'ect, without restatinj; the oli- jeetionalde principlu of the nkase which we can not au 't. 1 have, etc., WKLUMil'ON. ■A [Iiiclimaro 8.] The Diiki of liilliiiijIoH lo Mr, (!. Canning. Vkiioxa, Xoninhrr QO, /.?.'.'. ,"*li!: Siin'e I wrote to you yesterday I Inive had another coincrsatioii with the It'ussiau Minister rc^ardininoran- dnms which I inclosctl to yon should lie considered as hoii iinnim, and the Kussian Amiiassador in Liiiidiin is to address you a note in answer to that of the late Lord Londonderry, assuring; ,\ou of the desire of tiie l^uipcror to nc^rniiate with yon upon the w hole i|ncstion of the Knipcror's claims in North .Viiiurica, reserving; them all if the nc<;otiation shonld not lie satisfactory to hoth ]>arties. This note w ill thuii put this mutter in u train of ueguliutioii, which is what wa wished. 1 have, etc., W'KLMXCiTlIN, [Inclosiiro 0.] Count L vrvH to Mr. (I. Canning. A la suite (los d<5plaratioiis verliales que le soiissi;j;n(5, Amlinssadenr Extraordi- naire et I'lciiiiiotentiaire de Sa Ma,jest6 ri^mperenr dc ttiutes les K'ussies, a faites an Ministcri! de Sa Majesto ltritaniiii|iie, le Cahinct tie St. .lames a dfi se convaiiicn) i|iie si des oh.jections s'dtaieiit •■leves couti'e le rey;lement ]iutili(^ an iioindc !<;i Majeste I'llinpereur de toutes les Knssies sous la date du I ( 1(5) scptemlirc IS21, les mesures iilterienres adoptees par Sa .Majesto lm)it'-i'i:ile nc laissent ancuii donte sur la jiuretd «h' s«'s vncs et siir le desir <|ii'clle aura ttiujoiirs de coneilicr ses droits et ses int<>retH avee les int<^rets et leu droits des r'uissances auxi|nellcs I'linisseut les liens d'lino amitii> veritalde et il'iine liienveillance rr-cipro(|Ue. Avant de t|uitter N'erone. le sonssi>>n(^ a re(,'u I'oidri' de ilonner an (tonvernemeiit do Sii Ma.jestt' liritaunii|ue unc mm vellc pren\ c des dispositions conniies de ri'',mperenr, en jiroposant a son excellence .M. Canniii;;. I'rincip.'il Secretaire d'K.tat de ."^a M;ijest<5 Hritannitjue jionr les Atfaires T. trance res, sans i|Ue ectte projiosition piiisse porter atteiute mix droits de Sa Majest«5 linp-riak', si ello u'est paa aceeptdo, (^110 do i»arl ct 33 ]\ ( f lii j, 'ili I iff 2r)8 niTLOM ATIC ('(MiUKSfONKKNCE. (I'lmtrt' 1:1 i|iirstii)ii ilr ilroil sirici suit |in>viMiii'fiiM>nt iTiirtf^r. "t i)itir toim li-s r:iit Ili'';ti>ri«^ a Sl.-I'i'lrislmmji. l/l''iii|i<'r('iir sc llallf (|iic Sir Charlie I {a not iit- 'ardrra {loiiit a icirs nir Irs |iiiii\ oirs ft Ics iiislriii'l inns iK'rcs.saiiTs a ifi clli'i. ii i|ii>' i. |ii'ii|MiHitioii Mio;ii). nrhix •■ra lie ili'iiionli'i'r an (ioiiM'i'iii'iiirnt ilc Sa .Majt'sir Itriiaiiniiinc ri)nil>M>ii Sa Majestc Ini- |)oriali' sonliaiic i|n°anrnni- ili\ tM'K'rnri' iri)|iiiiii>n nr )niisM- snlisisit-i fntrc la Wnssif et la (iraiiilt'-Hrcta^iii-. el iiiu- Ic pins paii'aii aitrml cuaunuc du luisidrra jenrs rda- tiuuN. la' s(inssiu;n(<. etc., LlKVKN. LoXDHKs, Ic I'J (■l/)jiinrhr 1S23, (InrloMillli 10. ■) 2[r. a. < nil lit HI/ lo iStr (\ Tiatiol, No. 1.] FiiiiEicN oirirr. Frhrunr;/ ', r.'f?.?. Sin: Witli rosport to my (1i.sj>atcli No. .'> o('tli«- .'MHt l)tM'<'nil)er liw»T. traiiKiiiitt.iiiir to your oxcflliMiry the 'opy of an instrnctioii aililri'^sol to tlit- Dnkt- ol \Vfiiin;iitni. as well as a (lispatcli ikmi) his <;ra<'(' ilatcd Nfiona. the L'iitli No\i-iid>«M' laNi. iiotli upon the siiltjcrt of tile K'ussiaii nkasc id' .'^t'pifnilitM'. ISi'l. I ha\.- now lo midoNf to your fXi't'lli'llry till- i'op> i>i' ;i ludc wliicli lias liccn addri'.sst-d to mo In Count Lh^vcii. ^^x- |)i('ssin;j Ills Inipt'i'ial Majesty's wisli to I'ntri- into sniur aiidc.-ilMi- aiTaii;ri'mriit I'or iirin^rJnH; tills snitjfci to a satisl'acloi'y tcrnunai ion. and i'<-<|n<-stini; tinit yonr i-\ct>l- lency may lie l'iii'nisii<'d with I he ni'ifssaiy powi-rs to i-nlt-r into ni-'^iu ai ions lor that pni'posc with His Initici'ial Majrsly's iniiii.-ifis at St. I 'ctfisltm ;;. 1 avail inysi'il of ilii- opportunity ol° a Ikiissian conruT lot' wliow driiai'i nn> ( onnt l.ii'vrn has only just afiprisnl mo) to send I Ins iioto to yonrexridVuc and to dt'sifo that yoni- cxccllenrv will )iio(i'<'d in open the disrnswion uiih tli«- K'l^^ian Minisici' upon the basis n' ill! iiistrni'tion to l lie l)iiUo ol Wrilinti'ton. 1 will not tail n> inuMmit to yoni' cxct'lli'iify I'lill powers lor the e<>«i<'|u.sion of i'ti a;;;reement upon Tlii> ^nlijei^, liy a messeii^fi whom I \\ill disitaiehto on a>-Hooii as 1 shall lni\ e eollt'^reii iin\ mrtlier inlnrniat ion whiili it ma\ lie i'\)i»ttiiMiit lo tiiriiish to yoin- e\eellem", . foiiml an\ further itisiniciiou upon that xiia\ be iiccL'.ssary for yuiir ^suidunee urtiluM important iiegotiiitina. l-iUM;, am:., QHi). CaSi'NING. fliii'lo.Hiin' 11.] Mr .-r'' 'n ,Vr. O. ViuiHhitj. — {Uii-finil Xorrmhrr 2M.) -I: 1- >» vf.i;- SiicllviY. Nkw iliM>Ai» S'rifi;i;i. Sdnmhrr IT). IS^.l, HI t yon were pleasi-rl in honor iiie with an iitiiin'vinw ■-e prcdiiliit iiii; loremn \e,ssels from loiieliinm at or nieiits aloim 1 lie ntiri liwost coast (d' Alnen';i t lieruin ' . "diiess to iiilorin me i liat a represeiitaiam lad hoeii iiiMii. .iitii iiiLitt \(Mi had rea.H<>ti til liclieve that tlienl< >«■•' would i lid verv siKoftlv after this < omiiiiinieatinn I was ini-o-in«^d, on it«d Silt: Im th- ou the siilij*-! appri>aeiiiii<: IIDMIt Mined, w made to th:i not ho a«!te(i what 1 I'oiisiijiered niidonht<-il :i.nii:iorit\ . that rlie K'ussian * n'l'cipt of your letter <>t' llu' littli instant, cxiircssiiijj; a liopc that tlic ukase ot' Si'ptfnilicr. 18LM, Uud Immmi aniiiillt'il. Mr. ( anninj; can not antliori/.c me to state to yon in difttinct terms that the nkas«> i.iM lieen annnlleil, because liu' iie>;otialion to whii'h it gave rise i«i still pen(liiiwl('(ij>t'(l snvi-ri'ijiiity. iiCltotli sidrs ol' IJi'i-iiij; Stniits. TIm' powci' wliiili ('(iiild think iif niiikin ti str.'iit tMtinprt'htMiih-il lictwrrn t wo nhoii-s, ot'wliicli it Ihm onies the iinilis|iut('(i owner. Hnt tht' slinltin^' n]i of llfhrinj;- Sti:iils, or thr jiowri- to shnt thi'ni np linviit'tci,, wouM he ii tliin^t not to 1)1' toleiMtfd 1)\ l!nj;hin"' 1<> this coimtrv alone l>nt Ihf wholi' civilized world. The jirotection j;iven liy the con'.ention to the Anieriian coasts of each power nniy (if it is thou<:'lit necessary) lie extended in lei ins to tlw coasts . Kxtrarl .] Mr. G. Cnnnhuj to Mr. S. Cady passed upon this subject has been snli- mitted to your jioriisal. .\nd I imlose you a copy — 1. ( »f tlio " projet " which Sir Charles liayot was anfhori/ed to conclude and sii;n some months ajjo. and which we had every reason to expect would have been enlirely satisfactoiy to the K'ussi.in (io\erninent. '2. Of a ■• contre-projel " draw II n]» by the K'lissi.Mi ]deni)iolent iaiics. and presented to Sir Charles Haj;()t at their last meetinji before Sir Charles I!a;i<)t's departure frnm St. l'et«Msl»Mr<;. ;{. ( >f a disiiatcli from Count Nesselrode, aiconipiinyinji; tho transmission of the '• conlre-projet " to Count Lieven. In tliat dis|)ateli, and in certain mar<;'iiial annotations n|)on the copy of the " )>r(r- iet," are assij^ned the reasons of the alterations pro]tosed by tho liussiaii iilenipoteii- tiai'ics. In considerinu' the exiii'diency of admitliii!; or reJ«M'tiii}j the )iroposed alteral i(Uis. il will be convenient to follow the articles of tlui treaty in tin' order in which Ihej B ami in tin- Kiifjlish "projet." Von will observe in the iirst place that it is proposed by the Kussian pleni|ioten- tiaries entirely to c!ian;je that ordci', and to transler (o the latter part of the instru- ment the article which has hitherto stood Iirst in the ••projei." To tb.it tr.insposilion wo can not a.nree. for the very leasnu which Count Nesselrode alley's in favor of il, vi/, that the " economie." or nrraimenn'ut of the treats , oiiuht to have reference to the history (d'tlie nejfotiation. The wlndi' ne};otiati sent liy till' IviiNsiiin (!()\ iTiminit to tlirir crnistTs in liir I'ltfilif U> siis|ifiiii llir i'mtiiiIku of its priivihioiis. is line, liu( .i inivalc ilistivnwiil of a iiiiliiisj.ci! riaiiii is im s-i'iiiity ti^TjiinsI tilt- rc\ i\ ,'tl jaii ciaini to tilt- possi'ssion of Ihr t'oast of Aiiii-rica nstraii<-e was inaile, it heeouM's iis to lie e\eeeilin;;ly earefnl Ihalr we convention conelnded hetween K'nssiji and the rnilcd Slates of Anieiica. and we see no rtsason why, npoii sniiilar claims, we should not olilain exactly the like Natisfact ion. For reasons of the same iianire we can imt I'onsellt thilt the liheity of n:;vi;;'alion throuith I5erine"s .straits should he stated in the treaty as a lioon from liiissia. The tendency of tiiich a statement would he to <.;'i\e countenance to those claims of exclusive Jurisdiction auainsl which wc, on oiirown hehulfaud on that ot' the w holo civilized world, protest. No specilicitioii of this sort is found in the coii\ eiition with the rnited Siate> of Americ.i; ami yet it lan not he douhted that tiie Americans consider tliiinsilvcs as Heciireil in the rii^ht of naviyatini; ISehrin;; .straits and the sea hexciml Ihcm. It can in it lie expected that Klihe now applies to it. We are content that the port shall he open to iis for tin v ears, prov ided only that if an.v ot her nation ohtaiiis a more extended ti rni. the like term shall he extended to us also. We arecoiilont also to assitrn the perioil of ten vears for the reciprocal liherlv of access and commerce vvith each otlurr's territories, whoh stipul;ition may he liest Hinted precisely in t he terms of Article IV of the .\uuu°ican convention. These. I think, arc the only points in which alterations are re(|uiied hy liiissia, and we have no other to propose. A " I'rojel," such as it will >r;iiid accoidinir the ohscivat ions of this dispatch, is inclosed, which you will uiidcrsl.iuil as furnished to you a> a enido for the draw ini; U]) of I he con V cut imi : Init not .is pi'cscrihin; from the .suhHtaiico of these in- HtriietiuUH. r u, I i ' ff f aw i " ■T ! 'S' tf» i " T 2G2 DIPLOMATIC COURKSPOXDENCE. :M [t wil/, ofcoiirsc, strikntlio Kiissittii plenipotciitiinios that by the ailoption of thu AiiK'i'ii'iiii iirticif r(;.s|icctiii;4 iisn i^raiion, etc., thf ]»rovi.>>i<)ii for an exclusive lisliery ot'lwo lra<;ii('s t'l'Diii the coasts of our rrspcctivt' jtosscsMions fullH tu tht- ijrouiul. Milt th*- oiiiiHsinii i^4, ill triitli. iiiiniatcri.il. Tlif htw of nations asHijriiH theexrlii- Kiv»^ N(i\('rci;'iitv of (»«c It'a;jiir to ciich jiowcr otf its o\v;i coasts, witliout any spccitic sti|iiil:itioii, anil tlion;;h Sir Cliarlcs ita<;ot was aiithori/cil to si^n tlii< convention with the specilic stipulation of two lea;;U('s, in ij^iiorancc of what hail Iteen ilecideil in till! Aniericiu convention at the time, yet, after that convention lias been some iiioiitlis Iteforit the worlil, and al'ter the o]i])ortiinity of recmmiileration has been forced upon us by tiie act of Knssia herself, we can not now consent, in ne^otiain;; (If iKirii. to a stipulation which, while it is absolutely uniinnurtant to any practical pioil, would i-ippear to establish a contract between the United States and uh to our disadvantarinei]ilo. Ibit any attempt to take undue advantage of this voluntaiy titcility we must op- pose. If the present '■ I'rojet" is aureeable ti> Kiissia we are ready to conclude and sifju the treaty. If the territorial ari'.'iii<{ements are not satisi'aclory we are ready to )tost- ]ione them and to ciuiclude and si;>'n the essential jtart — that which relates to navi- gation alone, adilin<; an article stipulating to negotiate- about territorial limits here- after. Ibit we are not i)repared to defer any loimer the settlenitnt of that essential part of the i|iiestiou ; and if K'ussiit will neitlu'r si;,;'n the whole cunveiitiiui nor thai essen- tial p.trt ot' it. she must not take it amiss that we resort to some mode of recording, in the face of the world, our j)rotest against the pretension;- of the iik.-ise of lH\i\, and of elfectually securing our own interests against the possibility of its future uperatiuuM. flncldHiiit' 10.] Mr. S. Canning to Mr. (1, Canning. (Received March 21.) i i ■ No. 15.1 ^i- Pi'TEUsunu;, Fibrnuiji /; (MtuTh I), 7fi.''>. .Sii!' My the messenger T.atchford I have the honor to send you the .•iccompaii\ ing convention i)et\\eeii His Majesty and the I'liiperor ot' Russia respecting the Paiilic Ocean ami Northwest Coast of America, which, accoiilin;^- to your instructions, I con- cliided and si^rned last night with the Hussiun plenipoteitl iaries. Tile alter.itioiis w hii-ji, at their instance, 1 base admitted into the " I'rojet," suili as I pi-esented it to tlieiii at first, will be t'ound, I conceive, to be in strict ciuiformity uith the spirit and si;bstance of Mis Majesty's <'om ma nils. The order of the two main sultjei'ts of our negotiation, as stated in the preamlde of the convent ion, i;. |)r( ser\ ed in the articles ol'that instrument. The line of demarcation along tlie stiip of lami on the north West co.ist of America, assigned to b'ussia. is laid dowu in the cou\eiition agreealdy to your directions, notwithstanding some dilhciilties rai.sed on this point, as well as on that which regards the order of tlie articles, by the Russian plenipo- tentiaries. The instance in which you will perceive that I have most availed myself of the liititiide allordi'd )>> your instructions to tiring the negotitition to a satisfactory and prompt conclusion is the division of thf tliinl article of the ii'-w " I'rojet." as it stood w lien I gave it in, into the third, fourth, and tiftb articles of the conveMtion Ki;i;ned \t\ the pli'iiipoteiit iaries. This change was suggested by the Russian ]deiiipotenti;iries, and at first it was HU^tj;ested in a sliajic which appeared to iiic olij«M'tionable ; Itiit the ai'ticles, as tia'y ail- now drawn U|>, I himibly conceive to be such as will not meet \n itii your disiip- ]U'obation. The second pai'ai;raph of the fonith article had already appeared paren- thet ically in the third ail icle of the •• I'rojet," and the whole of the fourth iirticle is limited in its signiticiitiou and coiinected with the article immediately pi'eceding it by the lirst paragraph. JURLSDKTIOXAL KHillTS IN HI.KINC SKA. 2<;3 AVitli i('.si>i'ct to liclirin^r Sti-iiil, I inn liiijipv to liiivi' it in iii.v power- to iissiirr yoii, on III)- Joint iintlioi'it.v ol'iiir h'nssian )il(>ni|ioli'ntiiiri<'s, th^t llu' l''.ni|iiToi- ol linsNin )iiis no intention wliatt-xor ot' niaintiiinin;; any cxclnsivt; I'iiiini to tlir na\i<{ation of tliosi' straits or of tin- sfas lo tlic norili of tlifni. It ran not Ik- lu'ccssar.v, nnai'lienlar aeeonnt of tile several confei'entes wliii'h I lia\e lielil will) tile K'nssiaii ))leni|)otentiaries, anil it is Imt Jiistiee to state that I have found them (lisposeii, llii'on^hoiit this latter sta;j;e of the neH;iiliation. to treat the niatturs iiniler iliseiission with faiiiiess anil liherality As two oi'iirinals ot' the rfinvi-ution pre]iiireil for His Majesty's (iovemineiit are sifineil liy the |ilenipotentiai'ioS; J ]iroj[K)se to leave one of them villi .Mr. Ward for the areliives of the einliassy, 1 have, etc., SntATKoiiU Caxmnc). »< ■ '. ! j i f Mr. Blaine to Sir Julian Paunvefote. Dki'aimmknt ok State, W'axhinfftini. Ihrtmhii' /;. Is'.ti), Srn: Yonr note of Aiiniist 12, wliit'li I itcknowNMlot-d oii tin- 1st of Scptcinbcr, iti«'lo,sei'i-si(!ent, and i am iiislnictcd to insist upon tiic conrctnt'ss aniominentl,\ uivolves the meaiiiiij^ of the ithrase "North- west ( 'oast," or " Northwest ( 'oast of America."' Lord Salisiiury assumes that the ''Noilhwcsf Coast" has but one meaning, and that it i;:cludes the whole coa.sl st retrhiiij;' northward tothe Mchrin;; Strait: . The con- tention of this (iineriimeiit is that by htii"' piescriptioii the ^ .Northwest Coast" means tluM-oast of the Pacili«(>ceaii.souf h of the Ali'>K;iti Pen in- snia.oi' soiith of the sixtieth i>arallcl of north lafitnde: or, to deliiie it still more accurately, the coast, fiom the iiorthein borderof the Span- ish possessions, ceded to the I'liited States in ISl!t, to the |)oiiit wliere the Spanish claims met the claims of Witssia. viz, from \2^ to (iO north latitude. The liussum authorities for a long time assumed that iVJ^.'SU' i u . I\ " ■ i—wwm J T-^ 2(14 IJII'I.OMATIC COUI.'IISI'ONDKXCE. i A was tlic exact |ioiiit of latidiMr. Itiit snl>s('!|ii<>iit aWJiislniciits tixcil it at «»tr\ The phrase ■• Northwest Coast," or •' Norlliwest Coast of Ameri<-a," haslieeii well known anil widely reeo<>nlze(l in |>o|)ularnsa;;<' in lCn;j']an(l anti Aineriea Ironi tin- ilateitf the tirst trading; t«> that coast, about 17S4.' So altsolnte has been tliis itresciiption that the (listin^ulshed historiait Hubert Howe Uanei-ot't lias written an accurate history of the Noitlnvest Coast, which, at difVeient tinn's, duiinj;' a period of seventy live years, was the scene ol inii)oitant ciuitests between at least four }>;reat powei's. To render the understainlin;!- ex]>licit. Mr. IJaiicrott has illustrated the N»uthwes( Coast by a carefully prepared map. The map will be found to include precisely the area which has been steadily Mniiutain<>d by this (iovcrnment in tin- pendin]i>- discussion. ( Foi' nnip, see opposite pa;ie.)* The phiase "Northwest Coast of America" has not inlVe(puMitly been used simply as the symuiym of the ''•Noit Invest Coast," but it has also been used in another sens«' as inclndin;;' the Anu'ricau coast ol the iJus- sian possessions as lar northward as the straits of llelirin,n'. Confusicui has sometiuH's arisen iu the use of the phrase "Northwest Coast «»f America." but the true nieaniii;; can always be determined by reference to the context. The treaty between the I'nited States and K'ussia was coiu'1iu1«mI on the ITtli of Ajiril, I.SL*4,and that between (ireat Britain ami iiussia was ccuicluded l-'ebrimry L'S, lSi»,"i. The full and accurate text of both tieaties w ill be fouiul in iiudosure A. The treaty between the I'nited States and KMissia is lirst in the order of time, but 1 shall consider both treaties to;,;«'ther. I (piote the lirst article of each treaty, for. to all intents ami jturposes, they are identical in nu'aninji', thouj-li ditl'eriny somewhat in phrase. 'I'he lirst artii'le in the .Vniericau tn-aty is as Ibllows: Amiii.r. I. It is ajjirffd tiial, in iiiiy part <>{' the ;;rfjit oecim, (■(iiiiiin>iily cfillrd tlic I'licilic Ori'iiii 1)1' South Sea. tho respective eiti/cns or siit),jeets of the hijih contraet- inu' |Mi\vei's sliall III- neither distnrhed nor restrained, eitiier u navi<;ation oi' in li^iiinu:. oi' in t he ]io\ver of icsortin^f to tiie eoasts, npon points which nia.v not already' iia\e lieen occupied, for the (iMiposc of trading with tin' natives, savin<; always tho restrictions and conditions deterniiiied l>y liie fojiowinj^ artiides. The tirst article in the British tretity is as follows: AiMiii.i': I. It is aijrei'd that the respective snhjeetsof flu' hiy;)! eontrai'tiiiji |>artics sinill not he tronl)|rd or )nidested. in any ]iarl of thi ':in. coninionly called the I'acilic < )cean. either in na\ i<{:itin;; the same. In lishin;; therein, or in landing at snch parts of ihe coast as shall not have lieen already ocenpied, in order to trade with the natives, ntnlor the restrictions ami comlilions s])ecilied in the following articles. iioni Salisbury conteiuls that — Till lliixsiini (loririiiiii III hiul no iihii of iiiiji ilixlinilinii lulirevn llilirhifi Sva and the I'lirijif (triiiii. ivliiili liillir III! /I ciinxiiliii il lis niiiliiiiii sinilliiniril I'lnm Hiliriiii/ SIriiilM. Nor tlironi;hoiit the whole of the snliscipient coricspondence is then' an.\ reference whatever on either side to any distinctive name for lichrinn's Sea, or any intimation thai it iiiiild he <'onsidcred otherwise than as formiiij;' an inlenial part (d" the I'iicilic ( Iceaii. The (iovernnuMit of the United States cordially ajjrees with hcud Salisbury's stiitcineiit that thronjilumt the whole correspondence con- iierled with the tbinialioii of the trcati«'s there was no refeienc*' wliat- e\er by eitlu'r side to any distinctive nanu' for lichriiiji' Sea. and for the very simple reason which I have already indicated, that the neji'otiation had no leference whatever to tlic Mcliriiij; Sea. but was entirely conlined ' The sMine desi)^nation (ditaincd in Mnropc. As cirly as iSDIt, in a map pnhlished hv the (Ico^rapliic Institnleat \\ c Ini.ir. Ihe const froni ('(dnmhia h'iv cr ( I!) )to('a]>t* Kli/ahrlh ((iO ) IS designated as llic •■ \iinl H'lxl liiisli." ■'for maj) see Mouse (',\. Idx No. Ill, I'ifty-lirst (diiKiess, second session, p. 'J',i. i^ .MIKISDK TlONAf. KMillTS IN IJKUINCJ SEA. 205 to ii "strip of liiiid"' on tin' North wrst I'oast :iiiil the waters of the I*ii I'ilic Occiiii adjiicciit tlu'icto. For future r«'fereiH;e I eall special atten- tion to the phrase "strip of land/' I venture to remind liord Salisbury of the fart that IJehriny; Sea was, at the time referred to. tlu* refo;;ni/ed nam< ii some quartei's, and so appeared (Ui many authentie maps several yea.s before the treaties weie ne<>'otiated. Hut, as I mentioned in my note of •lune •<(), the same sea had been juesented as a body of water separate from the Paeilic Ocean lor a lonji ix'riod pricu' to lS!i."». Many names had been applied to it, but thcjMie nH)st fretpu'Utly used and most wi«h'ly reeofjni/ed was the Sea of KauK'hatUa. IOn<>iish statesmen of the period when the treatfes were ne]L:(»tiated had complete Unowled;;e of all tiie ^eo ei;>'liteenth century the "Sea of Kamchatka" appeared in ab.solute contradistinc tion to the "(Ireat South Sea" (U- the I'acilic <)e«'an. Ami the map, as shown l)y the winds (ui its marfjiu, was "prepared by Lieut. Henry Roberts under the immediate inspectitui of ('ajitain Cook." Tweidy years before ('aptain ('(Mtk's ma|) api>eared, the lioudon Maj;a- /iue contained a ma]> on which the Sea of Kanu-hatka was eonspi<-u- ously en^iraved. At a still earlier date — e\en as far back as IT.'IL* — (JvoscU'f. surveyor of llu' Ifust^ian expedition of Shestakol" in 17;{(>(who, even belbre llehriuji. si;ihted the land of the Anu'rjcan (continent), pub- lished the sea as beariiiji:' the name of Kamchatka. Muller, who was historian and >:co};'rapher of the second expedition of Heiin^ in 1711, desi<>;nated it as th(> Sea of Kamchatka, in his map ))ublish«'d in 17(»l. 1 inclose a list of a lar<^'e propiution of the most authentic maps puli- lisiied duiin;^' the ninety yeais juior to lSl!."» in (ii'eat IJritain. in the I'nited States, the Netherlands. P'ranci'. S])ain, (icrmauy, and Itussia — in all 10,"» maps — nn m ri/ niiv i>f irhich the body of water now known as MehrinjiSea w;'iSi)lainlydistiM,iiuished by a nameseparatefrom the Paeilic Ocean. On the jiicat majority it is named the Sea of Kams«'liatka. a few use (he naniet»f IW'hrinu. while se\eral other desi;;iuitious are \\svi\. Th«' whole luimber, ainjure^iatin;;', as they did, the opiniiui of a larjuc pat I of the civilizi'd w(»rld. distinjiuished tlu' sen. no matti'i- under what HKiwiK', as altoyethei' .se|>arate from the I'acilic Ocean. (See inclosnre H.) Is it i««>ssil»li'. that with this <;reat cloud ol witnesses befoic tin' eyes of Mr. Adams and Mr. (ieorjic Canninji, attestinj;' the existence of the Si-a of Kauu'hatka, they would simply incbule it in tliejdirase " l'aei(i<'. Ocean" and make no ;(llusi(»u wliate\er to it as a separate .sea. when it was known by almost every educated man in i'lurope and America to have l»een so desij^nated numix'rless times? Is it pttssible that Mr. ( "an nin;i and Mr. Adams, both educated in the conunon law, c(tuld believe that they wen' aequirinji' for the Tnited States and (Ireat Hritain the t'uormous riji'hts inherent in the Sea of Kamchatka without the slij;ht(^st I'eferenee to that sea (U' w ithout any descripti(Ui of its nu'tes and bounds, when neifhei' of tlieju would have i>aid for a villa^ie hous«' lot unless the deed toi' it should recite eveiy fact and feature necessary tor the identitication of ihe lot a>iainst any other itieee of jironinl on the sur- face of the iilol>e. When We (contemplate the minute particularity, the tedious verl»ia;Le. the duplications and the reduplications employed to secure unmi^rakable plainness in framinj;' treaties, it is impossible to eoiMH'ivt 111* a fact of this <>reat ma^iuitude conid ha\e been omitted frowi the :n>tiuc(ions wiitten by Mr. Adams and Mr. (i. Canninji. as Keeretariof. tor foreign affairs in their respective et»un(rie.s — impossible , I 2(;n I III 'I .MM. MM" (OU'K'KSI'ONIHINTI:. »:s * 1 1 ^ i '1 : . 1 ) r i '. It 1 tli:it siicli :i liicl coiilil li:i\'r ('sc:i|mmI tlir iiutirr ol' Mr. Midillctoii and < '(Mint N'l'sst'lrodc. oC Mr. StiiitloKl ( ';Miiiiii;i' iUid .Mr. I'olctica, wlio wnr Hh' ncjiotiiitors ol" ilic two tn-alii's. It is itn|M»sili|c, tliat in llu* An«;l()- K'lissian tirat.v Tonnt Xcssclindc. Mr. Stratl'oid ('anniii;n'. and Mr. I'o- It'tica nld ini\t' taken sixteen lines toieeite the titles and lionois tliey had lereived IVuiii their respective soNcreiyns. ami not even sii;i-;;-e.st tlie inserli(Mi of nne liiu'. or even word, to secure s(» valuable a ^iiant to l')n;4land as the lull I'reeiloni ol' the liehriii;;' Sea. There is anot her arjiiunient olyreat wei;;lit aj-ainst the assumption of Lord SidisiaiiN that the piiiase "I'acilic Ocean, "as used in the lirst artii-le of hoth the American and Itritish treaties, was intended to in- clude the watersol' the ilehrinju' Seji. It is true that l»y the treaties with the I'nited States ance:in, hut the proof is cnnclusive that it was left in full foice ov«'r the waters of the i'leiirin.u Sea. Lord Sidislnir.\ can intt imve ascertaiiu'd the \alue of the iiehrin^' Sea to L'ussi:i, when he assunu'd that in the Jreatiesof iSi'l aiid ISiT* the Imperial (!o\«'rnment had, l»y mere inclusion in another piirase. with apparent caiclessuess, thr(»wn open all the resources and all the wealth of those waters to the eiti/ens of the I'nited States and to the snitjects of (ireat UritaJM. Lord SalislmiN lias perhaps not thouulit it worth while to make any examination of tlu' luonev \ aliie of .\laska a-nd the waters of the Ueriuj;' Sea at the time the treaties were nej>(»tiate(l and in the succeedinjn years. The tirst periodofthe Itussian Anu'rican ( 'iimpan\*soperati(His had closed iu'lore the I'kase of ISJl was issued. Its alfairs were kept secret for a lonu tinn-, hut are now accurately known. The UKUu-y ad- vanced for the capital stock of the company at its (»penin;n' in I7!l!> auHiunted t(» I. "J.'tS,? It» rubles. The m'ross sales of furs and skins by the company at Kodi;;k and ( 'anton from that date up to ISiiO amounted to l'(>.(H't.(i"!>S rubles. The net prolit was 7,<»sr..(KH» ruides for the twenty- one years — over (iL'O ]»er cent for the whole peiiiMl. or nearly .lb per cent per annum. Ifeviewinn these facts. Iiancroft. in his •' History of Alas!;a," a staml- ard work of exhaustive research, says: \Vc liiiil tliis iiiiwi'il'iil //(. KKi/iii/i/ rnnil,\csl;ililislic(l in tin' lavnrol' llic Iiii|iri'iiil (iov- fi'iiiiic'iit, iiiMii.N iiiilili's III' Iiii;|i I'Miik Mild M'Vi'l'iil niriiilM'rs 1)1' llii- IiovmI I'ainily liciii;^ aiiudij; tlif sli.iri'linlilcrs. .Vnd yet Lord Salisiuiry eviib'iitly sui)poses that a laryc amount of wealth was carelessly thrown away by the Itoval family, the noldes, the courtiers, the capitalists, and the speculators <»!' St. IN'tersbur;^' in a phrase which merj;-e(l the Ih-liriui: Sea in the I'acilir i Jcean. That it was not thrown away is shown i»y tin' transactions of the company tor the next twenty years! The second period of the Kussian .Viiu'rican Company bej>an in ISi'l and t'uded in ls!l. Within that time the ;;ross revenues of the c<»in- ]»any exceeded (>1.(MK),()0(» rubles. I'.esides payinj; all expenses and all taxes, the company larj^ely increased the original capital and dividecl ,S,."iO(».(M)l» rul)les anntuji' the sharelndders. Tlu'se dividemls and the in- crease of the stock showed a prolit on tlu' ori,iiinal capital of .V) percent l)er annum for the whole twi-nty years — a yreat increas*' over the lirst period. It must not l)e Ibryolteii that duiint: sixteen of these twenty years of constantly increasinj;' protits, the treaties, which, accordinj; to Lord Salisbury, yave to (ireat Ibitain ami the rniled States e; Sea, were in full Ibrce. The iU'ocecdings which to(»k place when the second period of the r ■!, jn Ih>\ irniiic'.it li;is in\)'>ti'il it willi :i portinii nl' its own |io\M'i'> in ;;o\ t'lninu' I Id- \ ii>t .iimI ilisiMiit tcriitory o\ i-r w iiirii it now liolils ron- tl'ol, A i'li:illui' in lliis>\>li'iii woillil now he of iloiilit I'lll lii'iirlit. Tn d/iiii imr iiiirix loiill hinihrs iniiiiii"! iiiiiislii itunilil In ii iluilli lihuv lo llii I'lir Imili . wliilr tlic < ios crmiiint, ll.lVi IIU trjillsl'cllcd to (lie ciiliiltiiny t lir rolil I'ul of I lie colonics, coilM Hot Mow li'^lllilc itwitlioiii '^I'lMt r\|i>'n.T Mini t loiililf, Mini wmilil liavr to ii'iatc nttw liiiMiiiiMl ic- solll res tor Nlleli M |Hir|iosr." Tlic Imperial < 'oniicil. it will Im- si-ni, did not ln-sifiitc lorall the Itiis- siaii Anici iran ('oinpaiiy ''///«//>>/>'>///, wliirli it coidd not lia\*- lin'ii it' liOid Salislmry's coiistiiirtioii ol' llic ticalN wtis roiirct. N<»r did tlic Coiiiicil Iccl any doiil>t tlial t(»o|M'ii tin- pmls of tin- r.cliiin;.i Sea •• to all Imntns pioinisciioiisly woidd !»<• a deal It blow to tlie I'm' trade.'' Jjaiierolt says fnitliei': * * ' Tliis Mpiiiioii of till' liniiiri:il Coiinril. loLiitliii' willi ;i rliartrr dcliniiij; till' |(ri\ilryfs anil (lilt ics ol' till' ioiii|i.iiiy. wa> di'liv I'lnl to the C/ar anil iiTiix nl liis Niunatiirc on llic 1 1 tii of < litoln r, ISll. 'I'lir new rliarti'i' iliil imt ilillrr in its iii'iin I'i'atnrrs I'l'inn that of ISL'I , t Iioiil;Ii tin' lioiiiiilary w a>, ol 'roiiisr, cliaiiui'il in acriinlaiiri' with tlii' l'',n;;li>h ami Aiiii'iiraii irratics. Noiii' of thr i'iiiii|iaiiy's iii;lits wiTi' riirtailril. anil tlit' aililil loiial piiv ih'ut's wcri' ;;iantiil of iiailinu with riitain giorts in China anil of .shipping tia iliii'it fiiiin Ciiina to St. I'i'ti rsliiii'>^'. The Itiissia Aineriean ( 'oinpany was tlinsiliarter.'d lor a third period ot twenty N'eai's. and at the end ol' tlie time it was loiiiid that Iheiiioss reeeipts ainoiuited to 7."i,77<>.(l(tO nildes. a niitior part of it from the tea trade, '{'he expenses of adniiiiisl ration were xciy laiue. The shaie- holdei's received di\idends to the amount of KM' Id. Odd inldes — alioiit <.)dd per cent for the whole period, or \'> ))er 1 eiit per aiiniim on the ori;;inal eapital. At the time tiie tiiiid period closed, in isiii!. the K'us- siiin (iovernment saw an opportiiiiil> to sell Alaska, and refused to coiitiiiiie the chaiter of the company. A,o('nts of t he I'liited States had initiated neontiiit ions for the tr;insfer of .\Iaska as eail.\ as iS.V.t. The company continued, practically, however, to ex<'rcise its monopoly until IStlT. when Alaska was sold 1»y U'lissia to the riiited States. The enormous protitsof the Ikiissian Anieiican ('oinpany in the fur trade of the liehriijo Sea coiil iiiiied under t he li'ussian tla^ for more than fort.\ years after the treaties of ISl'I ami ISlT) liati l»eeii concluded. And yet liOrd Salisbury coiiteiid.v that dnriiio' this loii.ii period of exceptional jtrolits from the fur trade (Ireat r>ritain and the United States Imd as o'ood a riolit as L'ussia to take part in these hiohly lucrative ventures. American and l-lnylish ships in j>oo(lly niimliers 'ht to distiirli the fur lislieries of the licriiiji" Sea or alonji' its coasts, either of 1 1 u' continent or of the islands. So far as known, it isbelicNcd that m-ither Americann.or ICn.olish ships ever attempted to take one fur .seal at the iMilulof Islands or in the open waters of the riehrinj'' Sea diirino that ju'iiod. TIk^ Idd mile limit was for the preservation of all these fur animals, and tills limit was observed for that purpose by all the maritime nations that sent \essels to the Mehrino' waters. Can anyone believe it to be possible that the maritime, aiheiituious, .yaiii lovinji people of the I'nited States and ofdreat Uritain could have ha8 DIIM-OMATIC CoKUEsroNDKNCR. ! I 1 ' « \ ' i ii I 'l I f siiiii Aiiu'i'u-iiii (N>ni|iiiii,v lor tlic inordinate pioiits wliicli liiiil fio\vc<1 so stciiilily anil tor so Ion;;' a period into tlii-ir ticasiiry tVoni tin* I'm- tiadcif Tiic tact that the sliips of hotli nations it'tVaincil. dnrin'; that loii^ period, IVoin taking; a sin^h' t'ni' s(>al inside the shores of tiiat sea is a piesiiniption of their hiel\ of i-i<;ht and their reeo;;ni/.ed disability so strong' that, iixh'pendently of all other ar;;ninents, it requires the most anthentie and eonvinein'lish ships did not enter tlie liehrin;; 8ea to take jtart in the 4'ateliin^ of seals is not all that ean he said. Her aiMpiieseenee in Russia's |>o\ver over the seal lisheries was so <-oniplete tliat during;' the forty years of K'nssia's suprem- acy in tlie Uehrinjj Sea (that followed the treaties of ISL'4-'L'r>) it is not believed that (Jreat IJritain evi'ii made a protest, verbal or written, aj^ainst what iSaneroft describes as the "Ifnssian monopoly." A certain dc;;ie«' o\' <-onfusion and disor;>ani/ation in the form of the •;'overnnu>nt that had existed in Alaska was the inevitaide accompani- ment of the transfei' of sovereijjnty to the Tniteil States. The Ameri- can title was not nuide complete until the money, specified as the price in tlu' treaty, had been apjtropriatcd by ('on;;ress and |iaid to the K'us- sian ndnister by the Ivxecntive Department of the I'nited States trans- ferred certain ri;;hts to the Alaska Conunercial Company over the s(>al lisheries of Mehrinj;' Sea for a i»erit»d of twi-nty years. Itnssialnul ^iivcn the same ri^ihts (besid<'S lifjhts of still larj>«'i' scope) to the INissian American Company Ibr three periods of twenty years ea«'li, without u protest fioni tlie ISritish (lovernnu'nt, without a single interference i'rom llritish ships. For these reasons this (iovernment attain insists that (ireat Britain and the ITnites|)ected, and oiteyed the authority of IJussia in the llehrinj;- Sea; and did it for more than forty years after the treatit'S with IJnssia wer«' nejiotiated. It still remains for Kn}>'land to explain why she persistently viidates tin' same ri};hts when translern'il to the ownership of the Cnited States. The se(!ond article of the .\inerican treaty is as follows: Aitiiti.K II. Witli 11 vii'W ol'jircvciitiiiK tin' riH;ht8 nfiiiivifrnfidii jiihI uC (isliinjj cx- nt, without tht- permission of tho <;o\<'riior or roinnianilfr; an rriiK'nilx-rrij tliiit tlic tn'iity nf OrtolMT liO. ISIH. bcl wccii llu' liiilt'il Stiilo iiiMl (ii'i'iit llritiiiii. coiniiriscd a variety of topirs. jiiiion;; ntlicrs, in iirhtlr .'>, tli<> liillnwiii^r: It is a>;r<'i'il, ilnil iiiiy roiiiitrx lliiit inn\ lie ihiiintMl liv riilii'i- party nn ilir NOrtli wt'Mt CiiiiHl lit' Aiiu'iirii. \vi-s(\viiril lit' till' Slmiv .Miiiiiit:iiiis, slmll, luiii'tliiM' willi ils liarlxii's, lia\H, ami rrorkN, ami tin- naviKatiim nl' all livi'is wiilijn tlir siinir. Itr |'ri'i< ami ii|ii-ll. t'lir lllr trrill nt' tni .Vears trnin llir ilair nt' tin- KiKliatliri' nl' tlir jilr^i'lit I'linvi'lltiiill, III till' M'S>>i>l>. rili/i'lis, ami snlijiTtM nl' Ijir Iwn |iii\\i'|'h; il lirlll;; llliili'l- nI III III that tills a;;rr«mrnl is mil In lu' rmist i iii'il In tlir inrjiiiliii' nl' aii\ riaim <\ Imli t'itlirr III' till' two 1 1 lull Ciiiiliartiiiu I'art ii's max liaM- tn any part ul' tin- saiil cniMit i',\ . mil' shall it In* takrii In aD'rrt till' t'laiiiis III' any III III r piixM'i' or stati' til aiiv part nl the saiil riMiiitry; tlir only nlijrri III' till- lli>;li ('niili'arliiiu: rai'tioH, in that irspi-i t, lu'inj; III pri'M-nl ilispiitcs ami ililtrirnri's aimin}:Ht liii'inM-lM's. Wliih* this iii'ticl«> pliiceil ii|miii a coiiiiiinii basis tor t«'ii yt'ais tlic ri}>lits ol' (ireat llritaiii ami Aiii(*ri<-a on tlir Nortliwi'st <'oast. it iiinilr no adjiistiiicnt ot'tlic «'laiiiis of K'nssia on tlic iioitli, or of Spain on tlir soiitli, wliicli arc rrrnrcd to in the aitit-lr as "any oilier powi-r or state." Itiissia hail claiiiHMl liowii to latitude 'Vt ' iinder tlie iil^ase ot IT'.Mt. ISpaiii had eliiiineil indelinitely northward I'roiii the tbrty seeoiid parallel of latitude, lint all the Spanish elaiins had iieeii transleiied to the I'liited States by the. treaty of ISJU. aiitl Itiissia had been so (piiet until the nkase of ISl'I that no eontliet was feared, lint .ifler thatukas(> a settlement, either permanent or temporary, was iiiiper;i- ti\ely (b-manded. The proposition made by Mr. .\dains which I now (|m>te shows, 1 think, iteyond all doubt, thai the dis|)iite was wholly toiieliin<; the Ntathwest Coast on the I'acitie Hcean. I make the following ipiotation from .Mr. Adams* instrnetion to Mr. Middletoii, our niinisttM' at St. IN'ti'i'.sbiirj'', on the L'L'd of .Inly. IS'J'.i; Hy till' ti'naty III' thi' liL'il of t'clnuaiy, isilt, witli Spain, tlio fniti'il Slates aiiinircil all till* i'i;;lits III' Spain iioi'tli of latitnilf 11.' ; iinil li.\ tin- thiiil alt icir of tin- I'linvcii- tion lirtwi'cii the. I'nitril Statt's ami (lioat Itiitaiii of tin' L'dtli <>t'< Irtolirr, Isjs, il was a^ri'i'il tlial any riiiintry that iiii;rht lie rlaimcil liy ritlur partv mi thi- N'm t liwrst Coast (if Ainri'ii'a, west wan I iit'tlir Stnny Minin tains, slioiilil. tii;;i'lliiT with its liarlKiis. I lays, ami rrct'ks. ami thi' na\ ii>atiiin ol all ri\ its within tin- sanif. Iir Iri'i! ami nprii. I'lir till' tiTiii ol It'll yi-ars ('rum that ilatr. to thr M'ssi-Is, riti/i-ns, ami snii.jccts of tin- two powui'.s. without prt'imlii'f to the riaiins nf ••ithcr paily or of any nthi-r slate. ) iiH an itiilliiivizfil Id iiriiiiiixf iin iirliili nl' llu- xtiiiir iiiipnrl I'ltr ii lirm of Icii iiiiirx I'nuii tlif Hiiiiialiirr 1)1' (I joiiil iinin iiliiiii Itrhrnii llir I'liilid Slnlvn, llrml llrildiii, iiinl //((im'k. Instnu'tious <»f the same purport were sent by tlu' same mail to Mr. Itush, our minister at liomlon, in order that the proposition should bu completely understood by eacli of the three P()wers, TluMMintident pre- sumption was that tliis proposition would, as a temporary settlement, be acce|>table to all parties. Hut before there was time foi- full consid- eration of the proposition, either by IJiissiaor t Ireat Ibitain, President Monroe, in December, 1SL':>, ])roclaiined his tamoiis doctrine of e.xcliid- in;;' future Kuroiiean <'oloiiies from this continent. Its etVect nt, so that each Power could be assured of its own, without the tronlde or cost of furtlM'r defeiidinj; it. (Jreat Uiitaiii was already ciitan^'led with the I'nited States on the southern side of her claims on the Northwest < 'oast. That ajireement she must adhere to, but she was wholly unwilling' to postpone a deliiiiti^ understanding' with Russia as to the northern limit of her claims on the Northwest Coast. Hence a pcrmant'iit tiealy was desired, ami in both treaties the "ten-year'' feature was recon'iii/ed — in the seventh asticle of the Ibitish treaty and in the fourth artich' of the American tr«'aty. Uiit neither in the correspondence nor in the [icrsonal conferences that // 1 ^>. IMAGE EVALUATION TEST TARGET (MT-3) k A {./ ,v 1^ /- r/ ^ rf> 1.0 I.I ■12 3.2 1^ 1^ IM m 2.0 1.8 Ul M|||..6 1 ^ #« 1 u -n HiotDgraphic Sciences Corporation •SJ \ «^ \\ h. 23 WEST MAIN STREET WEBSTER, NY. 14S80 (716) 972-4503 lA ^ rf> \\ 270 DIPLOMATIC CORRESPONDENCE. ; V' i.J i,V ^ ' I Wi ll \, I •) 1 V- ll 1 1 I i 1 /■' -\i Inoiiglit .about the aj;i(M'iii('!it, \viis t\w\'^<■ a siiifjle liint tliat the settle- moiit was to inchuh' anythiiij;' else whatever tliau the Xorth west Coast on the Paeifie Ocean, south of tiie sixtieth parallel of north latitude. Fortunately, how«'v«r, it is not necessary for the United States to rely on this su{ij>estive detinition of the y )rthwest Coast, or upon the historical facts above }ii\'en. It is easy to prove from other sources that in the treaty between the United States and Russia the coast re- ferred t(> was that which I have defined as the " Northwest Coast" on the Pacific Ocean south of 00^ north latitude, ° .■{()'. We have in the Department of StHte the originals of the j)rotocols between our minister at St. Petersburg, Mr. Henry Middleton, and Count Nesselrode, of Russia, whonegotiate«l the treaty of 18i'4. I qroi?,, as I have quoted in my note of June 30, a memorandum submitted to Count Nesselrode by Mr. Middleton as part of the fourth protocol : Now. it is clear, accordinji: to Hie facts establishod, that neitlier Rnssia nor any other European power has tlie ri«jlit of dominion upon the contiuent of America lie- tween the lifdeth and sixtietli de,!j;r(M's of north latitude. Still less has she the douiinion of the adjatM-nt maritime territory, or of the sea which wiishes these coasts, a dounnion which is only accessory to the territory dominion. Therefore, she has not the rif{;ht of exclusion or of admission on these coasts, nor in these seas, which are free seas. The rij^ht of navifjatinjj; all tlie free seas belongs, l>y natural law, to every inde- pcuident nation, and even constitutes an essential part of tliis inde]iendence. Th(! United .States have exercised uavifiation in the seas, and commerce upon the coasts above mentioned, from the time of their iiidepenilence; and they hsive a i)er- fect right to this navigation .and to this commerce, and they can only be deprived of it by their own act or by a convention. Mr. Middleton declares that Russia had not the right of dominion " upon the continent of Amenm Iwtivcen the fiftieth ttud sixtieth ttef/reesof north latitude.'''' Still less has she the dominion of '• the adjacent mari- time territory or the .sea which washes these coasts.''^ He furtiier declares that Russia had not the '' right ot e.xclusion or of admission on these coasts, nor in these seas, which are free st'«,s" — that is, the coasts and seas between tiie fiftieth and sixtieth degrees of nortli hititude on the body of the continent. The following renuirk of Mr. Michlletou deserves special attention: The right of navigating all the /Vee «m« belongs, by natural law, to every iiidis pendent nation, and even constitutes .'in essential part of this independeuce. This earnest protest by Mr. Middleton, it will be noted, was against the ukase of Alexander, which proposed to extend Russian soveicignty over the I'acitic Oce.in as far south as the fifty- first degree of latitude, at which point, as Mr. Adams reminded the Russian Minister, that ocean is 4:,0(K> mih^s wide. It is also to be specially noted that Mr. Middletou's d<)uble reference to "the free seas" would have no mean- ing whatever if he did not recognize that freedom on <'ertain seas ha' i I '■A JURISDICTIONAL RIGHTS IN HKKING SEA. 271 If His Lordship had examiiH'd his map somewhat more (!h)sel.v, he Avoidd liave found my statemeut literally correct. When Mr. Middle- ton referred to "the c(mtinent of America between the ttftietli and six- tieth decrees of north latitude," it was impossible that he could liave referretl to the coast of llehring Sea, for the very simple reason that tlie liftieth dej>ree of latitude is altojicther scmtli of tiit^ IJerin};- Sea. The fact that the sixtieth parallel ''strikes straij^ht across the Herins Sea'' has no more ])ertinence to this discussion timn if His Lordship had remarked that the same parallel passes throufih the Sea of Okliotsk, Avliich lies to the west of IJehrinj? Sea, Just as the arm of the X<»rth TaciHc lies to the eastof it. .Mr. >Iiddleton was denyinj>' Russia's domin- ion upon a continuous liiu» of coast ui>on the continent between two spccilied points an' Seas, even if you measure from the southernmost island of the Aleutian chain. In a word, the argument of Lord Salisbury on this point is based upon a geographical impossibility. (See illustrative map on opposite i)age.) ' But, if there could be any doubt left as to what coast and to what waters .Mr. Middlcton referred, au analysis of the last paragraj)!! of the fcmith protoc(d will dispel that doubt. When Mr. Middlcton declared that '''flic I'nitcd Sfatcs have exercised nav'ujntion in the seas, inul com- merce upon the coasts, above mentioned, from the time of th,ir independ- ence,^'' he makes the same declaration that had bc«'n jneviimsly made by Mr. Adaius. That declaration could only refer to the N«»rthwest Coast as I have described it, or, as Mr. Miihlleton i)hrascs it, " the con- tinent of America between the fiftieth and sixtieth degrees of north latitude." Even His Lordship would not dis])ute the fact that it was upon this coast and in the waters washing it that the Tnited States and (Ireat JJritain luul exercised free navigation and commerce continuously since 178J:. By no possibility couhl that navigation and commerce have been in the Behring Sea. Mr. 3Iiddlet' the ehannel enlled Portland Channel, as far as the jtoint of the continent wliere it strikes the lift.v-sixtli dejiree of north latitude; from thin last-nu>ntioned jjoiiit the line of demarcation shall follow the summit of the mountains situated parallel to the coast, as far as the point of intersection of the one hundretl and forty-lirst d(^;;reo of west longitude (of the same meridian); and, tinsilly. from the said ]ioint of inter- section the said meridian line of the one hundred and forty-lirst dejii'ee. in its pro- lon<(ation as far as the Fro/eu Ocean, shall form the limit between the Kussian and the Hritish possessions on the <'ontinent of America to the northwest. It will be observed that this article exjjlicitly posite (iO° iKuth latitude) where it intersects the one hun- dred ami forty-tirst degree of west htngitude, all i)articularity of resent (■oiivention. The nieaiung of this artictle is not obscure. The subjects of Great lU'itain, whether arriving from the interior of the continent or from the ocean, shall enjoy the right of navigating freely all the rivers and streams which, in their course to the Tacific Ocean, iimif cross the linr, of flcHtitrcaiion upon the tin' of coast desvillxtl in (dticlc -J, As is l)lainly apparent, the coast referred to in article .> is the coast scmth et the point of junction already described. Nothing is clearer than the reason for this provision. A sfri/t of hiiid, nt no point wider than 10 nnirine leagues, running along the Pacilic Occiii from 04° 40' to 00° (3l'(^ miles by geograi>ldcal line, by tiie windings oi' the coast three times that distatu'e) was assigned to Russia by tlie third article. IJi- rectly to the east of this stiip of land, or, as might be said, behind it, lay the British po.ssessions. To .shut out the inhabitants of the British l)Ossessions from the sea by this strip of lauti would have been lu^tonly unreasonable, but intolerable, to (ireat Britain. Bnssia promptly con- ceded the privilege, and gave to (Ireat Britain the right of navigating all rivers crossing that strip of land from .■)4- 40' to the i>oint of inter- section with the one hundred and forty Urstdegiee of longitude. With- out this cotutession the treaty conhl not have been made. I ' » not uiulerstand that Lend Salisbury dis.sents from tliis obvious construc- tion of the sixth article, lor, in his dispatch, he says that the article has a "restricted bearing,'' and refers only to ''the Hue of const (lescril)e(i in article -T' (the italics ar(^ his own) — and the only line of coast de- scribed in article 3 is the coast from 54-' 40' to 00°. There is no descrip- 86 I ;i II I r 1 I i I •r , 274 DIl'l.OMATir COIJRKSIM )NI »KN('K. a\ i ' t' U fi tioiiol't.InM'OiisI al»(»v»' tliiil pnint strctcliiiiy' along tlu^ lU'liciiij; Sea IVoin latitifdc (l(P to the straits ol' tlic IJoiiiij;. The si'veiith article of tlie Aii}«loKiissiaii treaty, whose provisions have led to the luineinal eoiitcMtion between the United States and Great Uritain, is us lblh>ws: II; is also niidt'istond, tliat for the s]i:icc of ten yi-ais IVdiii tlic sifjiiatiiic ol' (lie ])rc8«!iit convention the vessels of the two powers, or thosi' heh>n;^inK' to tlieii re- 8|»eetive sulijeets, sliall niiituallv lie at. liberty to IVei|nenl. without an\ hindranee whatever, all the inland seas, the f^iiU's, havens, and erecKs on the eoast mentioned in artii'le l-f, tor the pnriioses of lisliin;>- and of tvadinu' with the natives. In tliejiidyinent of the President the nieanin<>' of this article is alto- gether plain and clear. It provides that for the space often yetirs tin* vessels of the two powers slioidd nnifiinlli/ l»e at liberty to tretinent all the iidand seas, etc., "o« the codHf mentioned iinirtivlr 'l^Jor the ptnpose (tffishiiijj aiul traiUnff with the natirvs.'''' Kollowiiig; out the line of my arjjument and the hiiiKiiit;;'*' <>f the aiticle, 1 have alretidy naintained that this jn-ivilege coidd only refer to the <'oiist from 54° ^^)' t<> the point of intersection with the one hundred sind forty-first dcjiree of west 1 MVJ;ituritish subjects were not granted the right of fretpieiiting the l»ering Sea. Denying this construction, Lord Salisbury says: I must further dissent from Mr. Hlaine/s inter))retation of article 7 of the latter treaty (Hritish). That article jiives to the vessels of the two powers "lilierly to freiinent all the inland seiis, ^iiilfs, havens, and creeks on the coast mentioned in article 3, for the, jnirpose of tisliin.n- and of trading'- with the natives." Tiie expression "coast uu^ntioned in article 3" can only ret'er to the lirsl words of the article, '■ the line of demarcation hetweeii the possessions of the hi<{h contract inj;' ]iarties npoki the coast of the continent and the isl'inds of America to the northwest shall Im drawn," etc.; that is to say, it included all the ]»ossessious of the two ]tow(^rs on the. Northwest ("oast of America. For there would haxc been no sense whatever in stip- nlatinj{ that h'nssian vessels should have freedom (tf access to the small ])oi'tiou of coast which, by a later jtart of the article, is to belonj.; to l^ussia. And, as bearinj; on tliis point, it will be noticed that arti<'le (5, which has a n\ore restricted bearing, speaks only of '• the subjects of his Mritannic Majesty " and of " the Hue <*/ coaul ilc- ticrihed" in article 3, It is curious to note the embarrassing intricacies of Ilis Lordship's language and the erroneous assumption upon wliich his argument is based. He admits that the privileges granted in the sixth article to the subjects of Great llritain aic limited to '* the coiist described in arti- cle ."i of the treaty." Hut when he retiches the seventh article, where the privileges granted are limited to "the coast mentioned in article ."> of the treaty," Mis Lordship maintiiins tlmt the two relerences do not mean the same coiist at all. The eoast tleNerihid in tirticle ."J and the enasf mentioned in article 3 are therefore, in Ilis Lordship'sjtidgment, entirely dirterent. The ''coast drserihed iu article .">" is limited, he iulmits, by the intersection of the bountlary line with the oiu^ hundred and forty- first degree of longitude, but the " coast mentioned in article 3 " stretches to the straits of Behring." The third article is, indeetL a very plttin one, tind its meaning can not be obscured. Observe tlnit the "line of demarciition" is between the possessions of both ptirties on the coast of the continent. Great Brittiin had no possessions on the coast line above the i)oint of Junction with the one Imntlred and forty-first degree, nor had she any settlements above 60° north latitude. S(mth of Tli« preiiinhle closes l»y sayiiiji' llisit the line of deinarcation between tlie possessions on tlie eoast "shall he drawn in tiie niannei- followinj;'," viz: l"'roni Prince of Wales Island, in 54° 40', along Portland (Channel and the snnnnit of the nionntains jyarallel to the eoast «.v7Vf>' as their in- tcrNtrfion iritli the our hiDulrnl (iiitl foftif-fivst (htircc o/Ioitifitiitfc After havinj>' ilcscribvil this line of deiinircation between the possessions of both ])arties on the coast, tiie rt'niaiin'nf;' sentence of tiie article shows that, 'finally, from the said i>oint (tf inteisect ion, the said meridian line * * * shall form ihv limit lietween the Rnssian and IJritish posses- sions »// tlirroiitiiirut of A iiiirini.'" Sonth of the point of intersection the artich' descrilies a line of ilrtnorrtitioii between possessions on tliv coast; north of that point of intersection the article designates a meridian line as flir limit between possessions oti the continent. Tlie argument of Tiord Salisbniy api)ears to tin's (lovernment not only to contradict the obvions nn'aning of the seventh and third articles, bnt to ui')>o8e of fishing- and IradiiijL;' with the natives of the country. It will be noted that in the IJritish treaty four articles, with critical ex]U'ession of terms, take the jdaee of the third and fourth articles of the American treaty, which were evidently dratted with an absence of tin' caution on the ]>art of Russiti whi<'h marked the work of the Rus- sian plenii)Otentiaries in the IJritish negotiation. Kroiii some cause, not fully explained, great uneasiness was felt in certain Russian circles, and especially among the mendters of the Kus- sian-Anu'rican Company, when the treaty between Russia and the United States was made public. The facts leading to the uneasiness I f i i' 1.' I 1 ( 270 DIPr.OMATIC ('om{i;si'<>NI>Hi\('K. l:\ ik^ 'MS I i wore not accuiatcly kiidwii, iiiul fioiii tlint caiisi' tlioy were exajj^^icratod. The llussiaiis who were t(» he atVccted bv tlu' treaty were in doubt as to tlie possible extent inijilied by tbc i.lirase •• Nortliwcst (Joast of Amer- ica.'' asr et'erred to in the third and fourth artieh'S. The phrase, as 1 have befoi said, was used in two senses, and they feaieenuine was their fright that they were able to indnce the Kussian (rovenunent to demand a fresh discussion of the treaty before they would consent to exchange ratilicatious. It is easy, therefore, to discern the facts which caused the difference in precision between the Americ.m and British treaties with Kussia, and which at the same time give conclusive force to the argument stead- ily maintained by the (loverunient of the United States. These facts have thus far only been hinted at, and I have the right to presume that they have not yet fallen under the observation of Lcml Salisbury. The President hojjes that after the facts are presented the American c(m- tenti«m will no longer be denied or resisted by Her ^Fajesty's Ciovern- ment. Nearly eight months after the KMisso-American treaty was negotiated, and before the exchange of ratifications had yet taken ))lace, there was a rennu'kable interview betvieen Secretary Adams and the Ilussian Ministei'. I quote fr, anil after intiinatinrevailod upon his (iovernnient to.send him these instiiietiims npon two points. One was that he should deliver, njion the exelianfje of the ratilieations of the convention, an exi)lanatoi'y note i>uri)ortini.t that tlie Russian (iovernnient did not understand that the convention would ;ard to the fornwr of these points he left with me a niiiiute in writin<>-. With this pndimiiniry statement Biiron Tnyl, in accordance with instru<'tions from his Government, submitted to Mr. Adams the follow- ing note: KXPLANATOltV NOTE FROM lU'SSIA. Ex]danatory note to be presented to the Government of the United States at the time of the exehanfje of ratitications. with a view to removin;;' ■with nmre certainty all occasion tor futurt^ discn.ssions; by means of which note it Avill be seen that the Jliiiliiin JxlaiKh, the coasln of Sihcriti, avil the Huxxiaii t'oxxexsioiix hi (/oicral on the Xoi-thircxl t'oaxt of Anurira to .^'K :ii/' of north hititiidc are ))ositively reed upon, for the coasts of Silxria are washed by the Sea id" Okhotsk, the Sea of Kanisohatka, and the Icy .Sea, aii<1 not lnj the Xoiith Sio mentioned in the first article of the conven- tion of A]uil 0-17 [1S24]. The .tientian Islands are also washed by the Sea of Kani- Hcliatka, or Northern Ocean. // ix not the intention of It'usxia to impede the free nariyation of the I'aeijiv Ocean. She would be satislied with cansinj; to be recognized, as well understood and phiced .H'RISDICTIOXAL IMGIITS IN riKRlNfi SKA. 277 tu'voiid nil iiiinnici' ol'doiilit, tin' iiiincipli- lliat I)c\i>ii(l ."!) .'JO' iin I'orcinn vessel eiiii :i)i|)i'(>ii('ii lior coasts iiiid her iHlanilH, nor (ihIi iinr hunt within the ilistanee ul I wo marine lon^^neH. 'riiis will not )irevent the receipt ion of Corei;;!! vcshcIs which ha\t> be(!n ved bis Court would then deem it best that he should not present the note at all. Their aiiprclK ii- nion had lictti crcUcd hi/ an inlcrcul mil fcrii Irirndli/ lit thv ijimd inidirshiiKliiui hchrcfii ihc I'mtvd SlatiH and Ii'iisnia, Our iiicrchdiiln would iiid .'/'' /'> IriiiiUlc Ihe h'lixnitDin on thv, co'ixl of Siberia, or north of Ihe Jiflii-scn nih dtiirvvof Utiiludv, and it wax wixisl mil Id jiiil Kiich feratiou of the convention before takiufj; any further ste)), and / W)ik coiijidenl Ihei/ would hear no eoniiilaiiil rexnllinri from it. If they should, tln'ii would be tliB time for adjustinjf the construction or nejfotiatinjj; a inoditieatioii of the cionveu- tiarly i)ereeived the iuexitiible effect if he should iusist on ])resentiiio' tlie note in the form of a IHKstjtonement of the treaty between Ifussia and the United States, aiitl Mr. Adams readily eonvinecd him that iit the exehiinjie of ratifications no modification of the treaty could be made. Tiie ojily two cimrses open were, first, to ratify; or, se<'ond, to refuse, iind annul the treaty. Mr. Adams reports the words of the minister in reply: '{'he Maron said that these ideas had occurred to himself; that he had made this a)))di(^ation in pursuance (d' his iiistriictious, but he was aware of the distribution of ]»owers in our Constitution and of the iiicompeteiicy of the Ivxtscutive to adjust such (|nestions. lie would therefore wait for the ex(dian,i>e of the ratifications without liresentinj;' bis note, and reserve for future consideration whether to present it shortly afterwanls or to inform bis Court of what he has done and ask their further instruc- tions njion what be shall detiiiitely do on the subject. * * ■- As IJaron Tuyl surrendered his oi)iui()ns to the superior judji'mentof ]Mr. Adams, the ratificittions of the tretity were exchanged on the 11th day of January, and on the following day the tretity was formally pro- claimed. A fortnight later, on .lanuary LT), 1S2.J, liaron Tuyl, following the iustrtictions of his (lovernment, filed his note in the l)e]>artim'nt of State. Of course, his act at that time did not affect the text of the treaty; but it ]»laced in the hands of the (loveriiment <»f the lJnit<'d States an niioilicial note which signiti<'autly told what liussia's con- struction of the treaty woidd be if, uuhiip])ily, any differeiK-e as to its meaning should arise between the tw( goveriimeiifs. IJut Mr. Adams's friendly intimation removetl all ortant matters were trans] »irin<>' in Washinj^ton, iiej;'otiatious between IJussia and hiUyland (endinj;' in the treaty of lSi'i>) \ver«' in i>ro<>'ress in St. Petersburju. The instruetions to r>ar(Mi Tuyl (!Oneerninj;' the l{ussian-Ameii<'an treaty were fully reflected in the care with which the Anj;lo-!{ussiau treaty was constructed, a fact to whi«*h I have already adverted in full. There was, indce' of the tr<'aty with the Tniti'd States mi;.{lit be misun- derstood, and it was therefore the evident iMirjxtse of the K'nssian (Jov- ernm<'nt to nurke the treaty with Kn^land so jdain and so clear as to leave no room for doubt and to bi'.tlle all attempts at miseonstructicMi. The (lovernment of the United States finds the full advantage to it in the caution taken by Ifussia in 1S2.">, and can therefore <( note the A n};lo- Kussian treaty, witli the utmost i-onfidence that its nu'aniuf;' can not be ehanj>ed from that clear, nnmistakable t<'xt, which, thnuiyliout all the articles, snstains the Anu'rican contention. The ''explanatory note" tiled with this GoAernment by Baron Tuyl is so i»lain in its ti'xt that, after the lapse of sixty-six years, the exact meaning can n«'itherbe misai>]>rehended nor misre])resented. It draws the distinction between the Tacific Ocean and the waters now known as the Uehriuft- Sea so i»articular!y and s(> iierspicnously that no answer can be nnule to it. It will bear the closest analysis in every particnlar. ''It is not the intention of Russia to impede the free navij-ation of the Pacific Ocean!" This frank and explicit statement shows with what entire good faith Kussia had withdrawn, in both treaties, the oUtensive ukase of Alexander, so far as the Pacific Ocean was nnule subject to it. Another avowal is (Mpndly explicit, viz, that "the coast of Siberia, the , Jfmthwest Coast of America to r)9^ '.W of north latitude [that is, down to '>\)° .'}()', the explanatory note reckoning from uortli toscmth], and the Ah'utian Islands are i)ositively excei)te(i from the liberty of hunting, fishing, and commerce stiimlated in favor of citizens of the United States for ten years." The leasou given for this exclusion is most sig- nificant in connection with the pending discussion, nanu'ly, that the coasts of Siberia are washe«l by the Sea of Okhotsk, the Sea of Kam- chatka, and the Icy Sea, and not by the "South Sea" [Tacitic Ocean] mentioned in the first article of the convention of April 5-1 7, 1824. The Aleutian Islands are also washed by the Sea of Kamchatka, or North- ern Ocean (Northern Ocean being used in contradistinction to South L^a or Pacific Ocean). Tlie liberty of hunting, fishing, and commerce, mentioned in the treaties, was therefore confined to the coast of the Pacific Ocean south of 50^ .iO'both to the United States and Great P.rit- ain. It nuist certaiidy be a])parent now to Lord Salisbury that Ilussia never iytended to include tlie IJehring Sea in the phrase " Pacific Ocean." The American argument on that (piestion has been signally vindicated by the official declaration of the Eussian Government. In addition to the foregoing, Itussia claimed jurisdiction of two marine leagues from the shore in the Pacific Ocean, a point not finally insisted upon in either treaty. The protocols, however, show that (heat IJritni was willing to agree to the two marine leagues, but the United States was not; and, after the concession was made to the United States, Mr. G. Canning insisted ui)on its being made to (}reat liritaiu also. m mm^BSm .IIIRISDK'TIONAI. WKJHTS IV Jn:ULNO SKA. 271) III the iiit»'ivi('\\ bctwt'tMi tlic Aiiu'riciiii Secretary of Stiitc iiiid tlie liiissiiin Minister, ill Deceiiiher, 1S'J4, it is wortli iiotiiijj; tliiit Mr. Adams Itelicvetl tliiit the a])|ili('ation math- i),v liaroii Tiiyl had its <>ri<>-iii '^ in the ii|)|)r(>heiisi<)ii of the Coiirt of Hossia wliieli h;id lieeii eansed l>y an interest not very friendly to the ji'ood nnih'rstiindiiij'' bet\v«M'ii tlie I'liiteil Stiites and Itiissia.'' I presnim' no one iM'e (lovernnient of (Ireat IJritain; that the obvions effort of tin' I'.ritish (lovernnient at that time was designed to make it certain that the United Stat<'sshonhl not liave the power in the waters and on the shores of Ilehrinj;' Sea whieli, Ijord ISnUshiiff/ noir aniucs, IkhI iiiuloiihtnlli/ hccii (jircn both to the United IKIales xihI (hrat llritaiii hi/ the trratics. It is to be remcnib'. led tliat Mr. Adan s's entire aryiiment was to ipiiet I'.aron Tiiyl with tlie assiiranee that tlie treaty already negotiated was, in effect. Just what the Russian (lovernmei.t desired it to l>e by the in- corporation of the ''explanatory note" of which I'.aron Tnyl was the bearer. .Mr. .Vdanis was not a man to seize an advanta^t' merely by cnnniii;;' construction of hinjiiiajic, which might have two ineaninjjfs. He was determined to w .nove the hesitation and distrust entertained for the moment by liussia. lie went so far, indeed, as to {jive an as- surance that American ships would lutt {>(> abo\e ."»7o nortli latitiuh' (Sitka), and he did not want the text of the treaty so chanjied as to mention the facts contained in the exphiiiatory note, because, speakinj;' of the hunters and the lishermen, it" was wisest not to jiut such fancies into their heads." Jt is still further noticeable that ^Ir. Adams, in bis sententious ex- l>rcssion, spoke of the treaty in his interview with Ihiron Tiiyl as "the >«'orthwest Coast convention." This closely descriptive iilirase was enoiifih to satisly IJaron Tnyl rliat Mr. Adams had not taken a false view <»f the true limits of the treaty and had not attempted to ext«'iid the privilcf^es {;rantcd to the United States a single incli beyond their plain and honorable intent. The three most conlideiit assertions made by Lord Salisbury, and regarded by him as unanswerable, are, in his own language, the fol- lowing: (1) Tliiit l\ii,<;'l:iii(l n't'iisfd to mliiiit ;iiiy jcii't nl' (isliiiij; tlir<>natch is as follows: The undersi^iued has the honor to acknowledji;!' the note addressed to him by Baron de Nicolai of tlie 12tli of Septciuber last, covi.'riug a eojiy of a ukase issued by his I ' ( I / 2H() mi'l.OMATK! CliUUKSl'ONDKNCi:. iiii;i)'i'iiil iiia.sltr, l',iii|))'rnr y Idinself, lies outside of tlie field of tlie present disputi^ between tlie ISrit isli iin;ninjL>' ajjainst the tdvase of Alexander as it affected Ilritish interests, an.l his lanyiiaj**' plainly shows that he confined himself to th«^ ''Northw«'st Coast of Am«'rica bordering on the r' himself about any subject other than the protection of the Hnjilish territory s^outh of the Alaskan peninsula and on the Northwest Coast horihrimj on tin' PiirifU; (hriin. England owned no territory on the (!oast north of the Alaskan penin- sula, and hence there was no reason for connecting the coast above the j)eninsula in any way with the question before the Congress. Evidently the Duke dul not, in the remotest manner, connect the subject lie was discussing with tlie waters or the shores of the IJehring 8ea. The most significant and important of all the inclosurcs is No. 12, in which 3lr. Stratford Canning, the Ihitish negotiator at St. Petersburg, comnmnicated, under date of March 1, l.Si'r>, to 'Sir. (}. (banning, Minis- ter of Foreign Affairs, the text l>; l»F,I{IN(i SKA. 2S1 jiimI nitis tV(>iii "iP 10' fi» <»(( iiortli liititiidc — tlic s;iiii(' sfriii nf hunl wliirli jiiivr to r.iitisli America, lyiiij; A/7///«'/ it, a i'wv acrcss to the ncfaii. Mr. 8tratt'nr(l, ill his lettn' of .Mar«-li 1, the roliowin^': Willi ii's|ii'fl III l!rliriiii;r> SliMilH, I miii 1i;i|i|i,v Inliiivr il in iii.v iiowcr to iissiiirvtiii, • III llir Joint :iin liiii'it.N ol' llir liiis.siiin |il<'iii|iiilrnt iiirit's, lliiil lln r,iii)iivi>r nf li'n^sin Imx HO iiilciiliini ivlnilircr nj' iiiii'nilniii'niii itiifi r.icliixirr ilniiii In Ihv iiiiriiiiilioii nf llinxi ■sh'r nf Ihi sriix lit llii iKirlli nf lln m. TIlis assiiiaiM't' fVoiii tlir hiiiipt'ioi' of IJiissia is of tliat kiii(i wiicii' tiir liowcf to {•ivo or to witliliold is altsniiiti'. It'tiic tieatyol' ISlT) bet wren (ii'cat ISritaiii and K'lissia iiad coiicrdcd siicli i'i;;lits in tlic llciiiij;' wat(MS as liOi'd Salisl)iiiy im»\v claims, wiiy was Sii' Stiatloid ('aiiiiiii;;' «o '' liappy" to " lia\»' it in iiis powci' to assure" tlif IJiitisli tbieiju'ii otli<*e, (HI "tlie aiitiioiity ol" two IJiissiaii |>leiii|»oteiitiaries," tliat " the Kmpei'or had no intention of maintaiiiin;; an e\clnsi\'e ehiiiii to tlie navijiiition olthe JSeiiiinj'' St la its," or oil lie "'seas to tlie north of them." The mtinto flit- soiifli itf titv .striiit.s were most sijuiiilieantly not inelnded in tlie Imperial iissnranee. The Kn<;!isli statesmen of that day hati, as I have before reniarkt-d, attempted the abolition of the tdcase of Alex- ander onlys«) far as it alfeeted the <;oast of the Paeilie Ocean fiutiii the (Ifry-tirst to the sixtieth (le;;i(» /(north latitude. It was hit in full force on the shores of the I5eli:ii ;; Sea. Tliei'e is no proof whatever that the Hnssian ICmperor anniill:-it it there. That sea, from east to west, is l,'A{Hi miles in extei'*: from north to south it is I. (MM) miles in extent. The whole of thi; .,reat i>ody ot water, tinder the tikase. was left open to the world, <'xcei»t it stri]) ol KM) miles from the shore, lint with these KM) miles i'tilbrced on , ill the coasts of the r»ehrin;>' St'ii it wtnild be obviously impossible Loa])proacli the straits of Itehriitj;, which were less than ."»() miles in exireme width. If <'!if(irccd strictly, the ukiise woiihl cut off till v«'ssels frum i)assiti>^' tlirott;;li the straits to the Arctic Oeeiin. If, as Lord Salisbury claims, the iikitse had b«'en witli- drtiwii from the« ittire !>eht inj; <'oast, as it was bet ween the tiftytirst and sixtieth dejiiiM's on the I'acilic coast, what need would there have been for Ml'. Stratlbrd ("anninj;', the Enjjiisli plenipotentiary, to seek a favor from Ifnssia in rejtiird to passiiij^i thronj;h the straits into tin- Aietic Ocean, where scientific expediticais and whaling \essels desired to jjfo? I need not review all the inclosnres; but I am sure that, ])roperly aniily/ed, tln'y will all show that the subject matter touched only the settlement of the dis]»ute on the Xoithwe^t (loast, from the tiftytirst to the sixtieth dej-ree of north latitude, in other words, they relate*! to the <'0utest which was tinally adjusted by the establishment of the line of .")4o 40', which marked the boundary between Uiissian and Knj'iish territory tit the time of the Aiif>lol{iissian treaty, as today it marks the line of division betwt^en Alaska and IJritish Columbia. But tluit question in no way touched the Ilehriny' Sea; it was confined wholly to the I'acitii! Ocean and the Northwest Coast. Lord Salisbury has deemed it proper, in his dispatch, to call the atten- tion of the (lovernment of the United States to some elementary prin- <'iples of international law t(nu;hinj>' the freeives sundry extracts from NVheaton and Kent — our most caineiit publicists — and, for further illustration, quotes from the dlspatchc, of Secretaries Sewanland Kish,all maintaining the ■well-known principle that a nation's jurisdiction over the sea is limited 36 1 ' ! •J Hi i' Tl I fli V I r 282 DlPLO.MA'rir rORWHSPONMENCR. Coiniiicntiiij;' on tlieso quotations to 3 marine niil«'s from its sliorc line, his lonlship says: A claim of Jiii'i.stlit'tioii over tli*' (ipcn Hca wliicli is not in accordiincc witli rlic rec- of^nizinl priii<.'ii)l<'ts of'inlcriiiilioiial huv or iisa^fc may, of course, \h; assiTted li.v force, lint cm not be siiid to liavc any Icyal valiilit\ as against the vessels of otliei' coun- tries, except in so far as it is jiositively atlmittetl in conventional aj;reenienls with those conntrieH. The United States, ijavinp: the most cxteinled scacoast of all the nations of the world, may bo presumed to Inive paid serious attention to the laws and usaj^es winch define and limit maritime jurisdiction. The i'oursii of tins (lovernment has i>eeu uniformly in favor of iiidiold- in}^ the reco^^iiized law of nations on that subject. While Lord Salis- bury's admonitions are received in };oud i)art by this (iovernment, we feel justified in asking his lordship if the (loveriimentof (Ireat Britain has uniforndy illustrated these precepts by e.\am])le, or wliethershehas not established at least one notable precedent which would justify us in makii!g gTeater demands upon Her .Majesty's Government totudiiug the P>ehring Sea than either our necessities or our desires have ever sufjijjesteirj The precedent to which 1 refer is contained in the follow- ing narrative: Napoleiui lioimparte fell into the power of Great Britain on the 15th day of July, ISlo. The dis]>osition of the illustrious i>ris(»iier was pri- marily determined by a treaty negotiated at l*aris on the 2d of the fol- lowing August between Great IJritain, llussia, Prussia, and ^Vustria. By that treaty "the custody of XajMdeon is specially intrusted to the British Government." The choice of the place and of the measures which could best secure the prisoner were especially reserved to ITis Britannic Majesty. In pursuance of this ])ower, Xapoleon was ]n'omptly sent by Great Jiritain to the island of St. Helena as a prisoner for life. Six months after he reached St. Helena the British Parliament enacted a special and extraordinary law for the i)urpose of making his deten- tion more secure. It was altogether a menu)rable statute, and gave to the British governor of the island of St. Helena remarkable powers over the property and rights of other nations. The statute contains » ight long sections, and in the foiuth section assumes the i)ower to excliulo ships of any nationfility, not only from landing on the island, but for- bids them "to hover witliin 8 leagues of the coast of the island." The penalty for hovering within 8 leagues of the coast is tlu' tbrfeiture of the ship to Ilis ^Majesty the King of Great Britain, on trial to be had in London, atul the otiense to be the sanu' as if committed in the county of Middlesex. This i)ower was not assumed by a military commander, pleading the silence of law amid the clasli of arms; nor was it <;onferre(l by the power of civil Governnu'ut in a crisis of publico danger, it was a Parliamentary enactment in a season of profound peace tliat was not brcdcen in Europe by war among the great I'owers for eight and thirty years thereafter. [See indostire C] The British Government thus assumed exclusive ami absolute con trol over a considerable section of the Siuith Atlantic Ocean, lying di- rectly in the path of the world's commerce, near the capes which nnirk the southernmost points of both hemis])heres, over the waters which for centuries had connected the shores (»f all continents, and attbrded the commercial highway from and to all the ports of the world. The body of water thus ccuitrolled, in the form of a circle nearly 50 miles in diameter, was scarcely less than 1^,000 square nnles in t'xtent; and whatever ship dared to tarry or hover within this area might, regard- ^ JURISDICTIONAL RIGHTS IN BERING SEA. 283 loss of its nationality, be loicibly seized and summarily forfeited to the JJritisli Kiny, T\w Tnited States had grave and special reasons for resentinjy this ])erenii»tory assertion of power by Great IJritain. On the 3d day of July, 1.S15, a fortnight after tlie battle of Waterloo and twelve days before Xapoleon became a prisoner of war, an important <'oinmercial treaty was conchuled at liondon between the United States and (ireat livjtain. It was the sequel to the Treaty of Ghent, which was «'on- chided some six months before, and was remarkable, not only from the chara«!ter of its provisions, l)ut trom the eminence of the American negotiators — John Quincy Adams, Henry Clay, and Albert Gallatin. Among other provisions of tliis treaty relaxing the stringent cohtnial l)olicy of England was one whi<'h agreed that American ships should be admitted ami hospitably received at the island of St. Helena, liefore the ratitu^ations of the tieaty were exchanged, in the following Novem- l)er, it was deteiinined that Xajtolcou shiaild be sent to St. Helena. England thereupon declined to ratify the tieaty unless the United States should suriender tlie provision respe<'tiug that island, lifter that came the stringent enactment .(M)0 tons of shipping; more tlian .■)()() ships bearing her flag w<'re engaged in trade around rlie capes. Lord Salisbury has luul inucli to say about tin; liberty of tlie seas, but these .100 American shi]»s were denied the liberty of the seas in a space .")() miles wide in the South Atlantic Ocean by tlu^ express authority of Great lUitain. The act of Parliament which asserted this power over the sea was to be in force as long as Napoleon shonid live. Najxileon was born the same year with AVellington, and was therefore but U\ years of age when he was sent to St. Helena, His expectation of life was then as good as that of the duke, who lived until 1S;VJ. The order made in Ai)ril, 1S!(5, to obstruct free navigation in a section of the South Atlantic might, therefore, have been in force for the period (»f the thirty-six years, if not h)nger. It actually proved to be for five years ort of entry and could never be ap- proached on a lawful errand under any other flag than that of the United States. Is this (Jovernment to understand that Lord Salisbury justi- ties the course of Kngland ? Is this Governnu'nt to understand that Lord Salisbury maintains the right of lOngland, at her will and pleasure, to obstruct the highway of commer(!e in mid-ocean, and that she will at the same time inter(»ose objections to the United States <'xei'cising her Jurisdietioii beyond tin' .'{mile linn't, in a remote and unused sea, for the sole purpose of jtrescrving the most valuable fur-seal lishery in the world, from remediless destruction ? If Great Ibitain shall consider that the precedent set at St. Heh'ua of obstructiim to the navigable waters of the ocean is too rem<>te for jtresent ((notation, I invite her attcntictn to one still in existeni'c. Kven to-day, while ilei' Mijesty's Government is aiding tme of her colonies to destroy the xlmericau seal lisheries, another colony, with her consent, A t T 'I: nil li I- I '■'' i 284 DTPLO:srATir CORRKSrONDKNOE. ^las estal>lislio(l a poiiil fishery in an area of the Indian Ocean, r»00niiloH wide. And so (Mnnplotc is tlic assumption oC jtowcr that, accordinj>' to Sir (l»'org«' IJadcn Towcll. a Iiearl fisheries in tlie open ocean. The asserted jiower jioes t<) th(^ extent of nudcing foreijin vessels that have procured their pearls tar outside the .'{-mile limit pay a heavy tax when the vessels enter an Australian port to land cargoes and retit. Thus the foreign vessel is hedged in on both sides, and is bound to pay the tax under Uritish law, because, as Sir (Jeorge Uaden-Powell intimates, the voyage to another port would probably be more expensive than the tax. I quote further from Sir (Jeorge to show the extent to wiiich British assumption of power over the Ocean has gon«': Tlio rif>l»t to cliarjue tlictso diics and to excrci.so tliiM control oiiUhJe the 3-mile liiiii is l»im«iaHscd an act to '•regulate the jtearl sliell and lieclie de nier fisheries in Anstralian waters adjacent to the colony of Western Australia." In 1)S88 a similar act liad l»cen ])asse(l, dealing with the lisheriesin the seas adjacent to (Queensland (on the cast coa8t)_ 1 am directed by the President to say that, on behalf of the United StJites, he is willing to adopt the text used in the act of I'iirliament to exclude ships from hovering nearer to the island of St. Helena thiiii 8 niiirine leagues, or he will take tiie example <*.ited by Sir Oeorge ]»aden-r<>well, where, by permission of Ilcr Majesty's (lovernment, <'ontrol «)ver a part of the occiiii untry. With such agencies as these, devised by theDonunion of Oansida and ]»rote«'ted by the tliig of Great Britain, American rights a utl interests liave, within the past four years, been diimtiged to the extent of mil- lions of ervi'(l — yieUled 100,000 skins each year. The Caiiatlian intrnsioiis bo- {i'aii ill 1f Islands, that in 1890 the (Joveniment of tlu' United iStates limited the Alaska {'omi»any to 00,000 seals. But the Coini)any was able to secure only 21,000 seals. LTndt'r the same evil iiiHuences that have been active now for five seasons the seal fisheries will soon be utterly destoyed. (Ireat Britain has been iniormed, advised, warned over and over again, oi" the evil effects that would flow from her course of action; but, against testimony that amounts to demonstration, she has preferred to abide by personal reinesentations from Ottawa, by reports of commissioners who examined nothing and heard nothing, except tlie testimouy of those engaged in the business against wiiidi the United States has 4'arnestly protested. She may possibly be convinced of the damage if she will send an intelligent commissioner to the l'ribih)f Islands. In general answer to all thes(^ facts, (licat Britain announces that she is willing to settle the dispute by arbitration. Her proposition is crmtained in the following i»aragraph, which I quote in full: I have to reiiuest that you will coimimiiicato a ('()i)y of this* dispatch, and of its iii- <'l(»snr<'s, to Mr. lilaiiif. Voii will state that Her Majesty's (iovcniineiit have no desire whate\-er to reiuse to the I'nited States any Juristlietion in Hehriuj;' Sea which was eouceded by (Jreat liritain to Russia, and which jiroperly aecrtu^sto the present jios- sessors ot' Alaska m virtue of treaties or the law of nations; and that, if the United States (ioverunient, after examination of the eviden<'e and ai iunients which I have ])rodnced, still ditler from them as to the lejiality of the lecent cajitures in that sea, they are ready to agree that the (piestion, with tlie issues that de])end ui>on it, should he referred to ini])artial arbitration. You will in that case be authorized to consider, in concert with Mr. lilaine, the method of i»rocednrt^ to be followed. Ill his annual message, sent to Congress on the first of the present month, the President, speaking in relation to the Bering Sea question, said: The offer to submit the question to arbitration, as propost^l by Her Majesty's (iov- erunient, has not been aceei»te'o one disputes that, as a rule; but the (luestion is whether there may not be exceptions whose enforcement does not interfere with those highways of commerce which the necessities and usage of the w' Sea included in the phrase " I'acitic Ocean," as used in the treaty ol , 1825 between (I reat Ihitain and Russia; and what rij;hts, if any, \ in the IJehring Sia were given or conceded to Great liritain by the \ said treaty 1 \ Fourth. Did not all the rights of Kussia as to jurisdiction, and \ as to the seal fislieries in Uehring Sea east of tlu' water bcmndary, \ in the treaty between the Fnited States and Russia of ^March 80, 1807, pass unimpaired to the United States under tliat treaty? Fifth. What are now the rights of the United States as to the fur-seal fisheries in the waters of the Behring Sea outside of the ordinary territorial linnts, whether such riglits grow out of the cession by Russia of any special rights (u- jurisdiction held by her in such fisheries or in the waters of Rehring Sea or out of the owner- ship of the breeding islands and the habits of the seals in resorting thither and rearing their young thereon and going out from tin', islands fw* food, or out of any other fact or incident connec^led with the relation of those seal fisheries to the territorial possessions <>f the United States? Sixth. If the determination of the foregoing questions shall leave the subject in such position that the conciirreace of (ireat Biitaiu is necessary in prescribing regulations for the killing of the fur seal in any part of the waters of Behring Sea, tlu'u it shall be further determined: First, ;iow far, if at all, out^^'de the onTl''^ nary territorial limits it is necessary that the United States should $ exercise an exclusive jurisdic^tion in order to lu-otect the seal tor the time living upitn the islands of the United States and feeding therefrom. Second, whether a closed season (during which the killing of seals in the waters of Rehring Sea outside the ordinary territorial limits shall be prohibited) is necessary to save the seal- fishing industry, so valuable and important to mankind, from postponement which an examination of legal authorities from (Jlpiau to IMiillimoro ami Kent wouhl involve. lie finds his own views well expressed by Mr. Phelps, our late minister to F'^njiland, when, after failinji' to secure a just arran{>emeiit with (Jreat Britain touching tlie seal Jisheries, he wrote tlie following in his closing communication to his own Government, September 12, 1888: Much Iciirniiiji; liiis liccii expendiMl ujiou the (Usciisisioii of tho ahstriict i|nnsti(>ii of till! ri);Iit of «i«;'6' i^laiisinii. I do not coiicfivc it to lie iiiipliciililc to tlio iircst'iit caH«. Hei'i^ is a valuable fishery, and a larj^e and, if piopcrly inanaer()us o list met ions and derelicts in the ojien sea. near its coasts. There are many thiiiMij;nalt>(l as the I'acilio Ocean. Oi'iian ]'a('iti(|iii'. Stillcs Mi'er; the (treat Ocean, llramh' Mer. (irosscM- Oeean; the (treat South Sen, (Irossev Si'ulSeo. Mei' du Sail. Anil they are a^'aiii liirther iliviileil, and the northern pari ilesinnaleil as North I'aiihe Oeean. I'artiedn N'ordde la Merdii Soil, I'artie du Nord de la (irande Mer. (■ rand Ocean Unreal, Nordllelier 'I'heil des (irossen SuilMe',"r.><. Ndrdlicber 'I'heil des Stillen Xleiis, Ndrdliihe .StiJle Meei\ etc. In all the maps, however, tho I'a' ilic Oeean, under one of these various titles, is ilesig. inited as separate from the sea.] Description of map. Accurate eliart of North America, from the hest sources (tJerman). Mail made under diieetlon of Alililnul Gvosdef, surveyor of the Shestakof ex- pedition iu IT.'tO. Mappemonde, hy Lowitz (ieotcrapliieal Atlas of the Kuasian Kmpire. .\lexander Vostehiuine. Carte de I'ile de leso, corrected to date, hy Philip])!' liiiaehe. Acadi'uiy of Sci- ences, (li'o(;riipher i> the Kinjr'. Miiller's nnip uf th discoveries hy the Kussians on tho northwest coast of America, pri'pared for the Imperiul Academy of Scieuces. Designa ion of waters now known as Bering Sea. Sea of Anadir ICanitchat-skisehes Meer ' Mare .\nadiricuni I Kamtchatkaor Beaver Sea.. i AVhere xniblished. Mer do Kaintchatka . Sea of Kamtscliatka . St. Petersburg Berlin St. Petersburg Paris . St. PetcrsbiH'g... *ITukuown. Date. (*) 1743 1740 1748 1754 I7S8 288 DIIM.OMATIC i'OWKKSl'ONDKNCE. Linl ofvarly iiKipn, with ileHifinalion of waUra now known as ISchrinfi Sm, etc. — Continiu"!. Description of map. D'AuviIlo'8 map of the WuHtorn Ilomi- Map of tlio " Hciiiispliciv Si'ptciiti-loiial '' liy Count Ki'dl'eni, pulilislicil liy Ito.val Acadcin.v of Sclcmcs. , Map (mltliHliril ill tlie l^oiidoii Ma<;a7,iiio. .. Map liv S. Ilclliii, fiigiiicor of tin- lioyal Aradciiiy. KoiiVfUi^ Caitii dcs dt'coiivi-iirs par Ics vaJHsi'aiix riiHsi-s aiix iiMrs iiiiiiiiiiiirH d(^ rAm/'riqiic Sept'lc; Mi'illcr. Jcd'ery's AniiTicaii Atla.i, priiitrd liy U. HaviTu and A . Uciiiictt. Koa<) map from Paris to 'I'olioislo'ii Howlcs's Atias; map of t lie world Map of tlio t'aatiM'ii part of tlio KiiHsiaii ' tt'rritory. liy •!. 'rruiusrott. i Map of tlif Ni'W Nortlmrii Ar(liipfla;;(i. in tJ. von Staoliliii Stoirl«sliiir};'s aiuoiiiit of tilt! nortluTn arciiipcla^o lately dis- covered liy the Itiissiaiis in tlicseasiif Kaiiiseliatka and Anadir. Samuel Dunn's map of Noiili America Chart of Uiissian discoveries from tlie map piililislied by tlio Imperial Acad- emy of St. I'etcrsliiirj; (Itolicrt Saycr, print seller), published as tins act di- rects. JeHory's atlas; chart containina; part of Icy Sea and adjacent t'oasts of Asia and America, published ITT.'i, accordintr to ar KaiiitHi'lialka do Kaiiiscliatka Sea Kaiiilscliatkisi'lii'H Mtri' .... Si'a of IvaiiitMi'lialka .do. S(^a of ICaiiitcliiitka. Mci'dr Kaiiilclialka Map of the Bortlioasti^rn part of Silimia, till' Kfozcn Sua tli»i Kastcni Oicaii. and iioitliwr.stcni coasts of .Viiutrica, iiidi- i^aliii;; liilliiijin's t^xpi'diliiiii. Airowsinilh'M map of the wwrlil Carte- von .\ioni'iia, F. I.. (liilMefi'ld Atlas of .Mat hew (,'aio.y ; map of the world, fi'om tlio Ix'st antlioritii's, anil map of Itnssian Kmpiro In Uiii'o|)i> and .Vsla. Chart of North Amerlfa, hy J. Wllkfs, "as aft directs." Ilalliko'iel ilor Krde Carte vou Nord-Anmrika, by K. L. (iulse fold. C. V. Dclmarcho's atla.s; Ma|>pemoiidc, liy Koliert dn Vaiij;ondy, incliidhif; new disc-overi(!s of (Captain Cook. La I'eroUHc's chart of the (ireat Orean or Soolli Sea, eoMforniable to the disc-ov- erlcs of the Kreneh frigates la Ilninxiil): uiuM'.lttnilahi; jinhliHlied in innformity with the dee.re.e of the Kreneli Nalional AsKemhly, 1791. translated ami printed liy .l.dol'inson. W. I leather's marine alla« (IreenonfjirH atlas; map by VIbreebt, en- tilled "Carte do la (-'ole Xord-Oiiest de I'.Vmerique Seiilenlrionale,' and sbow- inu IhediHeoverh's of tlii^ Uo.ssians. and of I'ortloik and Dixon. Wilkinson's (jciieral atlas; a new Mer- ciitor's chart, drawn from the latest dis- covi'ries. Miip of I ho world ; f J ruber}; Miip ma;:a7,ine, compo.sed accordiii!; to the latest ob.servalionsof foreiirn navifjalors, coirected to 1802. Map of " Meer von Ifamtsdiat-ka," wiMi the routes of (^a))t. Jos. i>illin<;H and Miirt. Saucr, drawn by Kred. (lot/.e, to ac(uimpany report of ilillincs's Uussian ollii'iiil visitto .Meutiaand .\liiska. AtliLS de.s jran/.en Krdkrel.ses, by (^liri.s- tian (iottlleb Keiclmrd. Arrowsmlth's general atlas Map of Savrilia Saryt»chetf's Joiirnoy In thu Northeast .Sea. Jedediali Morse's mapof Nor'h Amerii'a.. Uobert Wilkinson's general atlas; now Mercator's chart. Atlas of the Itnssian Empire, ado))ted hy the general direction of sclunds. (Jeneral map of tlm travels of Captain vnin. Map in Cai'cy's atla.s Lieutenant Itolairts's chart. Improved to date. ■Ma)ipemondo In atlas of Jfaltc-I'run Bassin de Heliring . Dunn's atlas .' ! Sea of Ivaiilsch.ilka . . Karte dcs (irossen Oceans, nsually the ICamlschatkisches .Mei South Sea; Sol /.maun St. I'eterabnrg London Niiremlierji .. I'hiladelpliia. Loudon .! Niircmbc ri; . .|...-do I'aris London - ilo I'Minbnrtih. Sea of Kamtcluitka ' London Bncliio di Heiiiig IJeaver Sea or Sea of Kaii tehatka. Meer von Kamlschalka .. (illM'V;l , SI. I'eic 1 -ibMrj;..., Weimar Meer von Kamtchiii' Sea of TCamtchalka - Sea of Iv;imsch;ilk;i . ..do Sea of Kiinitchatka Kamtcluitka or lieaver Si!i Kamtclialka Sc;i , Sea of Kaintschalka do Sea of Kamtclialka .. . Sea id' Kamtscli;ilka .. do Hassiu du Noid Dassiu de liehriiig Bassin du Nord. Karte von Amerikii; Streits Arrowsinith's mai> of North America Ma|i of tl'O world in I'iukortou's atlas ^lap by Lapie "Carte d'Amcrii|iie, redigee aprre eelle (I'Arrowsinillienqiiartre planches etsoii- mise anx obaervalions astri>iionui|Ues de M.de ■lumlmldt." by Chaniiiion. Map of Oceanica, or the Hfth jiart of the world, including a jiortion of America and the coasts of Asi;i. by H. lirul'!. Neele'n general atlas; Samuel and (ieorge Neele. Karte von America; Geographii^ Insti- tnte. ' Map of the world, by von Kriisenslern Encypropl.vpe de rAni6riiiuo Septen- trionale, by Bru6. smith's general atlas.... Seaof Kamtcbatka 1 This cliiirt also designates the coast from Columbia Kiver (4!)^) "Nord-WestKuHte." 3? .do. London Liipsic Itoslon.. London . St. I'eterslMirg ...do London ...do.. Paris - .. London . llamlmr' Weimar London - ..-do .... I'aris ... ...do... Sea of Kanitchatka Meer vou Kamtcliatka. Steer von Ivamschatka Itassin du Noril .do Limilon Weimar St. I'etcrsburg I'aris to . Loudon I Capo Klizabeth (00'') 17'J1 1704 1700 17U0 17110 1707 1707 17!)7 1708 1709 ISIIO 1800 I8irj 18U2 i8o;t 1803 1S(I4 180.'i 1.><(I.-1 l.'<07 1807 1807-0 1808 1808 1809 1810 1810 1810 1811 1812 1H12 1813 18); 1814 1814 1815 in5 1815 as the I (■' 290 DIPLOMATIC CORRESPONDENCE. Lht of early map$, with (hsignallon of wafers now known as Hehrhig Sen, etc. — roiitimied. DcRcription of map. ])i3Mi;;Mali((li of ivalorn now known iih JielirinK St'ii. AVlieri! ])iil>liHli(;il. All^enirlno Weltkartc, with voyafio of KrnHimHti'rn. (irinid Allan t'nivcrsiil. ciUtcd by Olion Jd'srny ; MniuM'niontU', l)y (ioii,ion, Klu'i'. Alias i'liMiixiit^iiro, by Lnitir et roirson... AiiiiM'i(|n<' Scptt'ntrioiuilo rt Muriilionnlc; l.apic. Mill) ill Tlioi;i|iMon'H alliiH Victiliiii: IjIK'hs's atlan Iti'icliiii'il Hiitl von Hallrr'H (itTiiiaii atlas. . iMap in (irt-t'iioiiKirx allOH John I'iiikert'OirH iiiodoni atlas ^Iapcii;jrav«'(l liy Kirkwooil & Son Chart of tliK UirNMian and KiiKlish discov- i'vics ill tli« North racillr Ocean, by Cftpt. JaincH liuriiov, F. K. S. Carlo (i6ii6rale de rAiuOriiiuo; Du La- niarcho. Carlo d'Aiii('ri(nio Sejit'lc ct M6rid'U'; llminon. Chart of Alaska, by J. K. Eyries and Malti-Itnin. Chart of till' An'tic Ocean and North America, liv Lapio. Carte lieiieraledii (ilolio; liriiiS Mappeniondu Tardieii Atlas of La Vojfne; M. Carey Atlas I'niversaT of A. If. Brii6 , ^Mappeiiionde; Ilerri.son "llaii to il" f'ieldint; Do Sea of Kanitsehatka London . ISassin dii Nord I'aris ... Hassin dii \ord on i\v, Iteriii^ Merdc lieriiijioii liassin dii Nonl. Sea of Kaintseliatka do Sea of Kaiiisehatka Sea of Kaiiitrhatka ....do ....do no Sea iif Kainlsrhalka Sea of Kaiiisehat ka Ediiibiii uli. .. Italtiiiiore Weimar Kdiiiliiiruh.. . riilladelphia. Kiliiiliiir^lh... l..oii(h)n Mer d(.' Ileriii); ou Itassiii dii Paris Nord. Ilassin dii Nord do Ik'hriiig Sei do.... ....do ... Weimar Mer de liehriiin I'aris Mer de IlehriiiL; do Sea of K anile hilt ka I'hiladelphia. Merde l!eriii.' , I'l ' Date. •| Mail to illustrate the voyaco of ICotv.t.biio. Fieldint; Lucas's Atlas Ameri(|iie Septentrioinile; Lapie Atlas ('lassii|iie et L'liiversel, fiy M. Lapie. Anthony Finley's Atlas Atlas of Hueho'nj cartes des Possessions Kiisses. Ma]i in liii tier's Atlas Atlas Iliatorico du Lo Sage do .Merde lichriiia Sea of Kaint.sehatka St. I'etersliiiifi do l'hiladel|iliia. do Uallimore ... Merde liehrin;; I'aris Merde Itehrin;; on Iiassln do du Nord. | Sea of Kniiitschatka I'liiladelphia. JJassiii du Nord i I'aris Sea of Kamschatka . Mer db IJering London . Paris . . . 1815 181G 1810 1817 1817 1K17 1S18 1K18 lt«18 l«l!l IKIK 1819 1820 1821 1821 1821 1H2I 1821 1K22 18211 lH2:t I82:i lK2:i 1S24 1824 1824 1825 1825 •182'J Lord Salisbury to Sir Julian Pauncefote. No. 34.] Foreign Office, Fehruari/ 31, 1S91. Sir: The dispatch of Mr. Blaine, under date of the 17th Deceiuber, has been carefully eonsitlered l>y Iler Majesty's Goveriiineiit. The effect of the discussion which has been carried on between the two Governments has been materially to narrow the area of controversy. It is iu>w (luite clear that the advisers of the I'lesident do not chiiin Behrinfj;'s Sea as a mare elaiisum, and indeed that they repudiate that contentitm in express terms. Ntu- do they rely, as a Justification for the seizure of British ships in the open sea, uixni the contention that the interests of the seal fisheries j^ive to the United States Government any rij^ht for that purpose which, accordiii};' to international law, it would not otherwise possess. VVHuitever iinpoiiance they attach to the pi'eservation of the fur-seal species — and they Justly look on it as au object tleserviufj; the most serious solicitude — they do not (.'onceive that it conterH upon any maritime power rights over the open ocean which that power could not assert on other grouiuls. The (^laim of the Uuited States to prevent the exercise of the seal fishery by other nations in Behrinj? Sea rests now exclusively upon the interest which by purchase they possess in a ukase issued by the Em- l)eror Alexander I, in the year 1S21, which i)rohibit8 foreign vessels frtmi approaching" within 100 Italian miles of the coasts and islands ' Seo also globe, London, 1797, by D. Adams, globe maker to the -King, on which Beriug Sea is designated as Eastern Ocean. / I •'^•t^ JURISDirTIONAL RTGIITS IN nEF{lNG SEA. 291 then bcloiijiiiif; to IJussiii in Uchriiip; Soa. It is not, as I undcrstiind, contended tliat the liiissiaii (Jovcrnnicnt, at tin* time of tlu' issm* of this nkase, jjosscssi'd any inherent riylit to ' it any claiins over tlieopen sea beyond the t(>rritorial limit of li miles whicli they would not otherwis*^ have jtossesst'd. lint it is said that this |U'oliil>ition, worthless in itself, acquired valir(>visions. The ukase was u mere usnri)ation; but it is said that it was conv»'rted into a valid international law, as aj-ainst the IJiitish (Joverument, by the admission of that (Joverument itself. I am not comteiiu^d to dispute the contention that an invalid claim may, as aj^ainst another (Jovernment, acipiire a validity which in its in- ception it did not ])osse8s, if it is formally or ellectively accepted by that (lovernment. P>ut the vital ([uestion for decision is whether any other Clovi'rnment, and esi)ecially whether the (Jovernment of Great Uritain, has ever accepted the claim put forward in this ukase. Our contention is, that nut (udy can it not be shown that the (Jovernment of (Jreat Uritain, at any time sin(!e bSLM, has admitted the soundness of the pretension put forward by that ukase, but thatit can be shown that it has categori(;ally denied it on more than one occasion. On the l.stli .January, 1822, four months after the issue of the ukase. Ford London- deriy, then Ibitish foreif^n secretary, wrote in the following' t«'rms to ('ount Lieven, the llussian ambassador in London: l'|M>n tlui siilijt'ct lit' tliiM iika.sc jfcnoriilly. and rspcciiilly upon the two niniii priii- (•iplcs of cliiiiii laid down theri'in, viz. an (exclusive sovonMjfiity allcffcd to liclou}; to liiissia ovi'i' the tcrritoricts dn-i'iMii described, as also tln^ cxidiisivc riylit <>•' iiavi<;at- in;^' and trading; within tlw niaritinio limits thiTi'in sot foitli, Mis Hritannic Majosty must 1)<' nndt'i'stood as luTtOiy rt'servin^t all his rij^iits, not licinji; jirepart'd to admit that the intercourse which is allowed on the face of this instrument to have hitherto snltsisted on these coasts and in those seas can he deemed to be illicit; or that the ships of fiiendly jiowers, even sn])iHisinroveil to appertain to the Im]>erial Crown in these vast and very imperfectly occupied terri- tories, (MMild, by the a(dvnowled;r(>d hiw of nations, be cxelnded from navion which this interpretation <'an Ite imjtosed by any process of construction whatsoever. But there is a ])rovisi(»n havinjn', in our Judfiinent, a totally opjxjsite tendency, which indeed was intended to ncjiative the extravagant (daim that had recently been made on the part of Russia, and it is upon this provision that the main l)art of Mr. Blaine's argument, as I understand it, is founded. The stipulation to which 1 refer is coutaiuod in the first artip(U'- tunity of doing so; but that, in confining herself to stipulations in favor of full liberty of navigati(m and fishing in any part of the ocean commonly calle«l the Pacific Ocean, she, by implication, renounced any claim that could arise out of the same set of circumstances in regard to any sea that w as not part of the Pacific Ocean. And then Mr. Blaine goes on to contend that the phrase "Pacific Ocean" did not and does not include Behring Sea. Even if this latter contention were correct, I should earnestly demur to the conclusion that our inherent rights to free juissage and free fish- ing over a vast extent of ocean could be effectively renounced by mere reticence or omission. The right is one of which we could not be de- prived unless we consented to abandon it, and that consent could not be suflftcieutly inferred from our negotiators having omitted to men- tion the subject upon one particular occasion. Jiut I am not prepared to admit the justice of Mr. Blaine's contention that the words "Pacific Ocean" did not include Behring Sea. I be- lieve that in common parlance, then and now, Behring Sea was and is part of the Pacific Ocean ; and that the latter words were used in order to give the fullest and widest scope possible to the claim which the British negotiators were solemnly recording of a right freely to navigate and fish in every part of it, and throughout its entire extent. In proof of the argument that the words "Pacific Ocean" do not include Bering Sea, Mr. Blaine adduces a long list of maps in which a designation dis- tinct from that of "Pacific Ocean" is given Behring Sea; either "Beh- ring Sea," or " Sea of Kamchatka," or the " Sea of Anadir." The argument will hardly have any force unless it is applicable with equal truth to all the other oceans of the world. But no one will dispute '4 JURISDICTIONAL RIfillTS IX UKRINO SKA. 203 -4 that tho Uiiy of His(!iiy forms i)iirt of tlie AthiDtir Ocoaii, or that tlio (lulf of Lyons foniis psirt of i\w .Moditenaneaii Sea; ami yi't in most n>ai)sit will be found that to tliost>, portiou.s of the hnyor sea a separate designation has ht'cn {•iven. Tin^ ([Ui^stion whctiifr hy tlie words »• I'a- citir Ocean" tiii^ negotiators meant to inchide or to exclude IJehiiny Sea depends upon whieli locutitui was esteemed to he the eorrcet usa;-*' at the time. The date is not a distant one, and there is no };round tor su;>'- jicsMu;: that the usaye has ehau;;'ed since tin' .\nfflo Uussiiin treaty of ISli.") was sifi'iied. The deteiiniuation of this pitint will he most satis- factorily ascertaiiu'd by considtiiiy' the ordinary boidvs of refer«'nce. I appeiul to this dispatch a list of some thirty works of this class, of vaiious dates from 17!>ri downwards, and printed in various countries, which i'ombine to show that, in cnstoimiry parlance, the wonls " l*a- citic Ocean '' (h» inchuh' Mehriu}; Sea." If, then, in ordimuy lanjiimye, the l'acifi<' 0(!ean is use did secure to ( Jieat Ili'itain in the fullest nuniner the freedom of navigation and tishin**' in Ih'hring Sea. In that case no inference, however indire<'t (u- circtntous, can be drawn from any (unission in the language of that instrument to show that (Ireat Miitain ac(|uiesced in the usurpation whii-li the ukase of ISlil had attempteo. The other documents which I have tcd snilicicntly establish that she not only did not acquiesce in it, but re- ]>udiated it nutre than once in plain and une(piivocal t(M'ms; and as the claim made by the ukase has no strength or validity except what it might n„s, no dnTfnrwTTauTver that Britisli jsubjiicts eujoy the same lights in BcJiriug Sea which belong to them in ei>T^MitUiULpj?rtnU'-Of.l^h<'llM'^ itiivJievertheless^ii nnitter nt j»i|i<'<'i<' xntis^fiictimt f}iiii flie l'r<'.stiii<'iif is willing to r etiT fo arT>rFrafion what he concei vc^slgjjc the matters whiji,*h liTive been ifinfer dis<' nssion i) etween the two (j^()y'tTi>meilGjbrTF>e last four year s. In r<'gard to the questlc)nsas they are projtosed by" iHr. lihune, I should say that as to the first and second, no objection will be ottered by Her Alajesty's (lov«'rnment. They are as follows: (1) What exclusive J nrisilictitui in tlio hcu ni)\v known as tlit- Hi-lirinK Sea and what exclusive i-ij^lits in tiic seal lisbcrjes tlicrein did Russia assert anil excreise prior and up to the time of tiio cession of Alaska to the Tuited States? (2) How far were these claims of Jurisdiction as to the seal liaherics recotfuizod and conceded by (Jrcat Britainf The third question is expressed in the following terms: Was tlie hodyof water uow known as the I?(dirin|;N('K. tions wliicli till' iiil»itriit<>r would lisivc toiU'tcniiiiu'. To tlio liitttT pait of No. .'{ if would Ih' llicii' (liil.v to tiikti t^\c«'|»li((ii: Wliiit riylifs iliiiiy, in tlic llcliriiiK Sfii were ;iiM'ii oi' ((Hicftli'il to (Irciit llritiiin liy tht! suitl ticiily i (Jrciit Hiitaiii lias iicvtM- su^^j'cstcd tliat any liHlits wvw j>iv»'ii to lior or coiic^'dcd to Imm- h\ tlu* said trraty. All that was done was to rrcoy iii/.c her natural rijulit of tree na\ ij>ation and hshiii<; in that as in all other pai'ts of the I'iicilic ()c«>aii. liiissia did not ^ivc those rights to (Ireaf IJritain, Ix'Ciiast' they weie lunor hers to ^Ive away. ( I ) hill not III! tlif riijlits of RiisNiu sis to jiiiisilictinn jiiiil nx to tlio sctil lis1ii>i'ios in Itcliriii;; Scii (!iMl of tlic WiittM' lioiiiiiltir.v in tlin treaty iM'twccn tlic riiilcd Stfitcn iinii Itiissia of tlic liatli Miiirli, IHtIT, pass nninipairoil to tin* I'nitcd Hlatis nndt r that licaly .' This fouith (|uestioii is haidly worth referriu}; to an arbitrator, as (Ireat ilritain would he prepared to aeeept it witliout dispute. The lifth proposed ipiestion runs as follows: (">) What aic now the rights of the I'niteil States as to tin- fnr-soal lishcrics in tho watriM of tlir Itrhiin^ Sea ontsidc of the ory her ill such lishci'ios or in the waters of llehrin;; Sea, or out of tho ownership of the l)reciliiiji>' islam Is, and the ha hi Is of tin^ seals in I'esin'liii^' t hit her a lid rcariii;>; their yoiin^ thereon, ami <;'oiii.i; out from the islands for food, or out of any other fact or incident connected with the relation of those seal tishcries to the territorial posses- sioiis of the I'nited Stattfsf The lirst elause, "What are now the rights of tlie Tinted States as to the fur-s(^al tisheries in the wat«'rs of tlie Ilehriny Sea (aitside of tlu^ ordinary territorial limits?" is a question wlii<'h would he very properly referred to the de<'ision of an arbitratol'. I»ut the subsecpu'iit claiis*^, which assumes that such riylits could have j;rowii out of tlie ownership of the hree' islands and the habils of the seals in resovtin}»' t' reto involves an assiimiitioii as to tln' pii'scriptioiis of internatioini' iw at the incseiit time to which Her Majesty's (lovernineiit are not pi ,iai'ed to accede. The sixth (piestion, which deals with the issues tiiat will arise in case the controversy sliouhl be decided in favor of (Ireat Brit- ain, wreservafion of the seal species; but any such n'fereuce ouj>;lit not to contain words ajipeariii};- to attribute special and abnormal rights in tlie matter to the United States. There is one omission in these questions which 1 have no dotibt the Government of the President will be very glad to repair; and that is the reference to the arbitrator of the question, what damages are due to the i)ersons who have been injured, in case it shall be determiiu'd by him that the action of tlnj Unitetl States in seizing British vessels has been without warrant in international law'. Subject to these reservations Her Majesty's (Tovernment will have great satisfaction in Joining with the (i(>vernmeut of the United States in seeking by means of arbitration an adjustment of the international questions which have so long formed a iiiat*'er of controversy between the two governments. I have to reipiest that you \vill read this dispatch to 3Ir. Blaine, and leave a (!0])y of it with him should he desire it. I am, etc., Salisbuiiy. ull'!',' JUUISDICTIONAL RKJIITH IN HKRINd SKA. 2!)5 Mr, liluinv to Sir Julian I'autivvfntv. Dki'AKtmk.nt i»k Statk, W'tiHliiiijitnii, ApiH II, isit]. Sill: Tlic inodincijtiotis wlilcli lionl Siilisldiiy sii;iji«'sts in tlic (inrs- tiniis tor iiilMtiiitioii (1(» unt wholly iiicci the views ol'tlu; Prcsidt'iit: lu^t. tli<- IM-csiilciit (;liiiu<>('s Mi(> text n|' tlir tliiid :iiiehrin<;- Sea, cast of the water boundary Uesciibed in the treaty between tln^ United States and liussia of March ."JO, lS(i7, pass uinnii>air»'d to the li^nitc«i States under that treaty? Fifth, lias the United States any rijuht, and, if so, what riyht, of pro- tecth)n (U'i)roperty in the fur seals freiiuentinji' tlu^ islands of the United States in llehring Sea, when su(di seals are found outside the (U'dinary three mile Hunt? Sixth. If the determination of the fore^'oinj;' questions shall leave the subject in such position that the coucuri'ence of (Ireat IJritain is neces- saiy in prescribinji' rejjfulations for the killin;4'of the fur sr,[\ in any part of the waters of UehrinjiSea, then it shall be further determined : I'^irst, how far, if at all, outsidi^ the ordinary territorial limits it is necessaiy that the United States should exercise an exclusive Jurisdiction in order to pr()tect the seal for the time, livinj;' upon the islands of the Uintcd States and feeding tlierefromJ Second, whcthei' a closed sea- son (duringwhich the killingof seals in thewatersof IJehringSeaoutsiih! the ordinary territorial limits shall be prohibited) is necessary to save the seal-tlshing industry, so valualde ami imi)ortant to mankind, from det«'rioratiou or destruction? And, if so, third, what months or parts of months slundd be included in such season, and over whal^ waters it should extend ? The Presir4',ss terms. Lord Salisbury's expression is juit in sucli form as to imply (whether be so intended 1 know not) that the United States had hitherto been resting its eontention upon the fact that the T.ehrinj.>' Sea was mare chdiNitm. If that was his intention it would have been well for his hu'd- ship to specify wherein the United States ever made the assertion. The emphatii^ denial in my dispatch of Deceiuber 17 last was intended to put «an end to the Iteration of the charge and to eliminate it from the current discussion. Lord Salisbury complains that 1 did not deal with certain protests, written by Lord Londonderry and the Duke of Wellington in 181*2, winch he had before (juoted. If he will r(H'ur to the twenty sixth and twenty-seventh pages of my dispatch of December 17, he will observe that I specially dealt with these; that 1 njaintained,and, I think, proved from the text that there was not a single word in those protests referring to the Rehring Sea, but that they referred, in the language of the Duke of Wellington of the 17th of October, 1HUL5, only to the lands "extend- ing along the shores of the Pacific Ocean from Latitude 41>o to latitude (»(P north." In the tirst paragraph of Lord Londonderry's ]>rotest of .lanuary 18, 1822, addressed to Count Lieven, of Russia, he alluded to the matters in dispute as "r.s7>^rm//j/ connected tritli the tetritor'Hd riylits of the Russian Cnurn on the North irest Coast of America border inff on the Vacijic Ocean, and the commerce and uariijation of His Imperial Majesties suhjects in the seas adiaeent thereto.''^ From these and other pertinent facts it is evident that the protests of Lord Londonderry and the Duke of Wellington had nothing whatever to do with the i>oints now in issue between the Ameiican and Uritish governments concerning the waters of the Uehring Sea. They both referred, in ditterent and substantially identical i)hrases, io the territory scuith of the Alaskan Peninsula bor- dering on the racillc and geographically shut out from the L 'iring Se«a. I regret that my arguments on a point which Lord Salisbury considers of great importan(;e should have escaped his lordship's notice. In Lord Salisbury's Judgment the contention of the United States now rests wholly uixui the ukase of 1S21 by the Kmperor Alexander 1 of Russia. The United States has at no time rested its argument solely on the ground mentioned, and this (rovernment regrets that Lord Salisbury should have so misapprehended the American jtosition as to limit its basis of right in Behving Sea to the ukase of 1821. The United States has, anuuig other grounds, insisted, without recurring to any of its inherited and superior rights in Aliiska, that this Gov- ernment has as full atithority tor going bey(uul the 3-mile line iu case of i)rove(l necessity as Great Britain possesses. Two or three instances of the power which Great Britain exercises beyond the .{-mile lin«' have already been (juoted, but have failed, thus far, to secure comment or explanation from Lcu'd Salisbury. An- other case can be added which, iierhaps, is still more to the point. In 188*), only two years ago, the BriJsli Parliament enacted a law, the effect of which is fully shown by a maj) inclosed herewith. Far ' sliall not be; used witbin a lint! drawn i'roni Dnncaiisby Head, in Caitlincss, to Rattray I'oint, in Aberdcensbirc, in any area or i. uas to be delincd in sncb by-law, and nuiy from time to time make, alter, and revoke by-laws for tbe ])nri)Oses of tliis seetion, lint no such by-law sliall be of any validity nntil it bas been confirmed by tbe Hecretiiry for Scotbmd. (2) Any ]»er8oii wbo nsea any sneb nietliod of lisbinn in contravention of any sneb by-law sball be liable, on conviction nntler tJic snnnnary Jnrisdictlon (Scotland; acts, to a tine not exceedinjr £5 for tbe (irst oH'cnse, and not exceiMlinj;' £20 I'ov tbe secoml or any snbse(|nent offense, and every iw.t set, or attcmjited to be set, in contravention of any sncli liy-law, nniy be si'ized and destroyed or otlierwise disjtosed of as in tbe sixtb section of tbis act mentioned. If Great Britain may thus control tin iirea of 2,7()(> sae nsed witbin a lin'bury fails to recognize tlie common distinction between the '^'Atlantic Ocean" and "the waters of the Atlantic." While the Mexiciin (Jlnlf is not a part of the Atlantic Ocean, it wover or Calais is on the coast o1 the Atlantic Ocean, and yet clearly the English Chiiii- nel belongs to the waters of the Atlantic. In ])oint <»f ftict, therefore, according to the usage of the world, there is no dispnte (»f any conse- tpu'iice between the two Governments on the geogiajjliical point under consideration. The historical point is the oiu^ at issue. The explana- tory note from Kussia, filed in the State Department of this country, s|)ecially referred to in Mr. John (v)uincy Adams's diary and quoted in my note of December 17, 18!M>, plainly draws a distinction between the Pacitic Ocean ou the oue hand, and the " Sea of Okhotsk, the Sea of 38 298 DIPLOMATIC CORRESPONDENCE. Kamclmtka and tliv Icy Sea" on tlio other; and so ]oug as lUissia drew that distinction it must iinply to, and must absolutely decide, all tbe contentions between the two countries as far as tbe waters of the Behring Sea are concerned. To discuss this point further would, in tbe opinion of tbe President, contribute nothing of value to tbe general contention. In tbe opinion of tbe President Lord Salisbury is wholly and strangely in error hi makh>g tbe foUowiiig statement: Nor do they [tbe advisers of tbe I'resideiit] reply, as a justification for tbe seizure oflhitisli ships in tbo ojien sea, ujion tlie eoiitention that tbe interests of tbe seal fislieries give to tbe United States Govcrnnient any right for that pnri)08e which, according to international law, it would not otherwise possess. The Government of the United States has steadily held just the reverse of tbe position which Lord Salisbury has imputed to it. It holds that the ownership of the islands upon which the seals breed, that the habit of the seals in lejjularly resorting thither and rearing their young thereon, that their going out from the islands in search of food and regularly returning thereto, and all the facts and incidents of their relation to the island, give to the United States a property in- terest therein ; that this property interest was claimed and exercised by liussia during the whole period of its sovereignty over the land and waters ot Alaska; that England recognized this property interest so far as recognition is implied by abstaining from all interference with it during the whole period of Pussia's ownershi)) of Alaska, and during the first nineteen years of the sovereignty of the United States. It is yet to be determined whether the lawless intrusion of Canadian vessels in 1880 and subsequent years has changed the law and ecjuity of the case theretofore prevailing. I have the honor to be, with the highest consideration, sir, your most obedient servant, James G. Blaine. •*t CORRESPONDENCE RELATIVE TO THE MODUS VI\ NDI OF 1891 AND TO THE NEGOTIATIONS FOR ARBITRATION.' Sir Julian Faunoc/ote to Mr. lilaine. British Legation, Woslihif/ton, Ajyril 20, 1801. Dear Mr. Blaine : I informed Lord Salisbury, in a private letter, of your alternati^^i suggestion for a modnn rircmli pending tbe result of the Behring Sea .arbitration, namely, to stop all sealing both at sea and on land. Lord Salisbury seems to approve of tliat alternative, and he asks me whether, in case Her Majesty's Government should accept it, you wosed to you that a motin-s vinndi be agreed ui>oii touching the seal tishj'ries, ]iendni}i;' the result of arbitration of the (|uestion at issue be- tween the two (loverniaents. Tlw Piesident's first ]>roi)os{il, which 1 submitted to you, was that no Canadian sealer should be allowed to C(une withiu a certain nund)er of miles of the I'ribilof Islands. It was, however, the conclusion of the President, after leading Lord Salisbury's dis])atch of Febiuary 21, that this ntodns t'ircndi nught pos- sibly provoke contli<'t in the IJeli ring Sea, and, to avoid that lesult, he instructed me to jmtpose that sealing, both on land and sea, should be suspended by both nations during the itiogress of arbitration, oi- dur- ing the season of 18i)l. On both (K'casicnis it was a (conversational exchange of views, the first in my office at the State J)e])artnient, the .secon«l at my residence. The President was so able infeience was that Jiord Salisbury would not agree to his proposal. The sih'uce of Lord Salisbury implied, as seenu u not imjnobable, that lie Avould not restrain the Canadian sealers from entering ]iehring Sea, anilof Islands. The President therefore instructed the Secretary of the Treasury, who has official (charge oV the subject, to issue to the lessees the jmvilege of killing on the I'ribilof Islands the (coming sea- son the maxinuim nund»er of 00,000 seals, subject, however, to the abso- lute discretion and control of an agent ajjpointed by the Secretary of the Treasury to Hunt the killing to as small a number as the condition of the herd might, in his opiidon, demand. Dn the 22d of April, eight, days after the President had left Wash- ington, you notifie(l me, when I was absent from the cai»ital, that Lord Salisbury was ready to agree that all sealing should be susi»ended ])en(ling the result of arbitration. On the 2.'kl of April I telegraphed Lord Salisbury's i)roi)osition to the President. He replied, Ajuil 25, expressing great satisfacti(m with Lend Salisbury's message, but in- structing me to inform y(m that " some seals must be killed by the natives tor food;" that "the lessees are b<»und, under their lease from the (Jo\ernment, to feed and care for the natives, making it necessary to send a ship to the Pribilof Islands each season at their expense;" and that, for this service — a very exjjensive one — the " lessees should find their compensation in taking a moderate number of seals under the lease.' The President exi»resscd his belief that this allowance would be readily agreed to by Lord Salisbury, because the necessity is abso- lute. You will remember that when I comnuinhated this proposition from / 300 DIPLOMATIC" CORRKSPONDENCE. the President to yon, on the evening; of ;\I(»n«l;iy, April 27, yon did not agree with the President's snygestion. ( )n th<' eoiitrsiry, yon expressed yonrself jiseonlitlent that L(»rd Salislniry wouhl not aee<'pt it; that in "| yonr Judjiiiient tlie Ivillinfj- of seals ninst lie cnt off absohitely on the / land and in the water, anrovide a com]»etent physician or phy- sicans and necessary and proper nuMlicine and medical supplies." The company is? still further oldiged " to provide the necessaries of life for the widows and orphans, aged and infirm inhabitants of said islands, who are unable to provide for themselves. And it is linally provided that " all the fy of the census of 1S90, giving every name of the.'JO.'J ])ersons, old and young, male and female, who constitute the whole com- munity of the Pribilof Islands. i MODUS VIVENDI OF 1891 AND AUBITHATION. 301 Tlio duties thus iinijoscd upou the ('Oinpiuiy unist be any under tlie lease, and tlie lessees are i)aid thei«'for by tlu^ (lo\-erinnent in the seal skins wliieh the Coni- ]»any receives for tiie service. If the Company shall, as you say Lord Salisbury refpiests, be depriv«'d <»f all privile.ue of takinj;' seals, they i'ertainly could not be compelled to minister to the wants of these 300 iidmbitants for an entire year. If these islandeis are to be left to charity, the Xorth American Company is under no j-i^Miter oblij^ation to extend it to them than are .)ther citizens of the United States. It evi- ayment in any form for the amount necessary tosup])ort these.'JOO p(M»ple on tin' islands, they will naturally decliiu; lo expend it. No appropriatictn of money has been nnide by Congress for the pu''pose, and the President can nf>t leave these worthy and innoi*«'nt jH'opIe to the hazard of starva- tion, even to secui«e any form of aji'ieement with Lord Salisbury tonch- in,i>' seal life. Seal life may be valuable, but the first duty of tlie (Jov- ernment of the United States in this matter is to protect human life. In this exigency the President instructs me to propose to Lord Salis- bury that he concede to the North American Company the right to take a sntlicient number of seals, and no more than sutlicient, to recompense them for their outlay in taking care of the natives; and that, in the phrase of the President, all "commercial killing of seals be prohibited jieiuling the result of arbitration." The Secretary of the Treasury has the right to fix the number necessary to the end desired. After full consideration, he has limited the luimber to 7,0(10 to be killed by the Company to repay them for the outlay demanded for the support of the .'}(I0 people on the I'ribilof Islands. lie further directs that no females be killed, and that thus the productive capacity of the herd shall not in the slightest degree be impaired. This ]>oint being fixed and agreed to, the proposed arrangeme:it Ix'tween the two countries wonhl be as follows: The (iovernmeiit of the Tnited States limits the number of seals to be killed on the ishnnls, foi' ]»urposes.just described, to 7,r»0(). The (Iovernmeiit of the Unitecl States guarantees that no seals shall be killed in the open waters of the J'ehring Sea by any jierson on any vessel sailing under the American Hag, or by any American citizen sail- ing under any other fiag. Tlui Government of CreatiJritain guarjintees that no seals shall be killed in the opou waters of the Beliiing Sea by any person on any vesstd sailing under the British flag, and that no IJritish subject shall engage in killing seals for the time agreed upon on any vessel sailing under any other flag. These prohibitions shall continue until the 1st day of May, 1SJ)2, Avithin which time the arbitrators shall render linal award or awards to both Governments. These several propositions are submitted for the consideiation of Lord Salisbury. The President believes that they are calculated to produce a result at once fair and honorable to both (Jovernments, and thus lead to the permanent adjustment of a controversy which baa alieady been lelt too long at issue. I have, etc.. James G. Ulaine. 302 DIPLOMATIC COUWKSI'ONDKXCE. .'h' Sir Julian Puitncejhte to Afr. lilaine. / ''J Ik' ^ Britisii Leuation, Wash i II (f ton, May 5, ISOl. Rtu: T liiivo tlu' lionor to ackiiowlodfjo the ivceipt of your note of yosfj'nliiy, in wliicli you linvo rornmlatrd for the <*oiisifl<'i'atioii of the Manpiis of Salisbury «l«'taiI(Ml jtrojuKsals for a modus rirvudi i\\\\\\\\£, the a]))>roachiii.i>' fisheiy season in l)ehrin<>' Sea on the i)rineii>le of a cessation oi'seal killin.y, botli at s(-a and on hmd, an ari'anH'enient to which, as I informed you in my note of the 2()th ul^.mo, his hu'dship was disposed to <>ive his favorable eonsiroi)osal were made c(»ncurrently with your re- ])ly to that disi)ateh, which 1 hoped to receive with the least possible delay. ! understood you to assent to that suggestion, and to say that "you wlied at once with his wishes. lint I <'an not call to mind that the President's imr • was ever men- tioned at (mr interview, which you correctly describe as "a conveisa tional exchange of views," Fortunately, however, no apprt'ciable loss of time occurred. I acquainted Lord Salisbury with yli tlMrresoTvation iisto tlic killing oCji limited iuiiiiIkt of seals on the isliuKls is iiiiiiiitiiined. I iUM ylail to think that there is yet time to canv out for this fishery season any avrangement whicli may promptly be ajiiced to, and I hope that the above explanation may remove the imi>ression you ai)peiir to have formed that there has been iiny dehiy on my part in expediting- the consideration of the moduH cicvndi which you liave pro])osed. 1 have, etc., Julian I'aunoefote. Mr. Adec to Sir Julian Pauncefote. [Personal.] Department of State, WdshingfoH, Mmj 2i), 1S91. My Dear Sir Julian: The President is desirous to learn the reply of Her Majesty's Government to the proposition submitted in De- l>artment's note of the 4th instant, to stop sealing by citizens of the Tnited States as well as by subjects of Her Majesty pending the arbi- trations of questions in dispute touching tli^e seal fisheries in liehring Sea. I should be glad to know as soon as possible the present state of the matter. 1 remain, etc., Alvey a. Adee, Second Astiistant IScorctary. Sir Julian Pauncefote to Mr. Adee. [Personal.] British Leoation, \Va,shin(/foii, May 31, 1S91. Dear Mr. Adee: T regret that I am not yet in a position to answer the inquiry of the President communicated to me in your letter of yes- terday, but, immediately on its receii)t, I telegrai)l'ied the substance of its contents to the Mai(|uis of Salisbury, and 1 ho])e to receive in the course of to day a telegram from his lordship in reply. You may rely on my using flie utmost expedition in tl'ie matter. I remain, etc., Julian Pauncefote. Mr. Adee to Sir Julian Pauncefote. Department of State, Washiuf/ton, May 2(i, IWl. Sir: In my personal note of the 20th instant and on several occa- sions in oral communication, I have had the honor to express the desire of the Piesident to be informed at the earliest possible moment of the response of Her Majesty's Government to the proposal, which formed \ 304 DIPLOMATIC COURKSPONDENCE. - ('/ I 1 ill 1 tlie subject of Mr. Ulaiiie's note to you of the 4tli instant, tlint seal- taking on the islands and in the waters of lieliriii;; Sea be limited, as in said note exjHeased, as to citizens of the I'nited States and subjects ot (Ireat IWitain, pending the arl>itration of cc-tain (questions in contro- versy between the two (Jovernnients. In several interviews with you since the 2i)th instant the desire of the President for an early response to tlu; note of the tth of May lias been reatth-med. The situation evidently calls for ])roinpt action. Each day's delay in- creases the existing ditference in the ability of the re«»])ective govern- ments to n)ake the jnoitosed limitation of seal-taking <'ffective. It is reixnted that a large Heet of Canadian sealers has been for some weeks or nninths on the seas. They are daily going farther out of reach. The revenue cruisers have awaited dcliiiite orders. Their ])resence is ur- gently needed in the Uehring Sea. Any further dehiy tends to dc^feat the v«'ry jmrpitse for which tin' agreenu'ut is .nought. It is (juite incom- l>atible with fairiu'ss and Justice to our citizens tliat this should be per- mitted to continue. Amjde oi>portunity has been afforded to Her Majesty's (Jovernnient to hring this condition to a close by an crt'ective agreement; but the re- sult is still uncertain and, to all apjiearances, remote. The Prcsidi'nt woidd b(> glad t(» know that it is near at hand and certain; but lu^ can in> longer hold back in fuitherance of a vaj^iu' hope, to the deti'imentof the legitinnite interests of the Government and citizens of the United States. I am, therefore, directed by the President to inform you that orders have been given to the revenue steanu'r h'lisli to proceed to the sealing islands. Amtther revenue steamer, the ConHn, is at San Francisco, nearly ready to sail, and will very shortly put to sea. Should an agreement be reached before her departure, a pptopriate orders may still be sent by her to the islands. I mention this in order that you may com[U'e- hend how fully this Government desires to effect an arrangement for this season, and that you may realize how each day's d(day lessens the ability of Her Majesty's Govcrinnent to effectively cociperate with regard to British subj«'cts and tends to destroy the practical utility oi an a^r«'einent to limit the seal catch. I am, etc., Alvey a. At)EE, AvtUuj Secretary. Sir Julian Paunce/ote to Mr. Adee. British Legation, Washintjtou, May ^7, ISni. Sir: T have the honor to acknowledge the receipt of your note ot yesterday's date, and to inform you that I have communicated the sub- staiH'c of its contents to the Marquis of Salisbury by telegram. 1 feel assured that his lordship will greatly r« {>/et any inconvenience which may be caused to your (Jovernnient by the imi)racticability of re- turning an immediate reply to the proposal contained in Mr. IJlaine's note to me of the 4th instant. Lord Salisbury, as 1 had the honor to state to you verbally, is using the utmost expedition ; but llie lateness of the projiosal aud the eon- ^■■"\ MODUH VIVKNDI OF 1891 AXD AUBITWATION. 305 (Iitioiis iittiKjliud to It liiivc j.iv('ii rise to j,'iiivc dinicultics, as to wUh'h IIS loidslnp liiis nocessunly Decii in c(»iminiiiiciitioii witli tlu' Caiuuliaii Uoveiimu'iit. Ills reply, however, may now arrive at any moment. I nave, etc., Julian PauiNcefote. Proposal of Her Mnjeshi'H Oovcniment/or a moflns rlrendi in theBelinng Sea duriiiff the scaliny ncanoii, of LS9J. Washington, June 8, 18!)1. (Kcceived Jnne 4, 1801.) (1) The Goymnneiit ot(Jreat IJritain ami of the (Jnited States shall l.rohibit until May, 1892, the kiliiiift- of seals in IJehriny- Sea or any ishuuls thereof, and will, to the best of their power and ability, insure tliat subjects and citiz»Mis of the two nations, respectively, and the ves- sels Hying their resiiective a«vs, shull observe that prolii'bition. (w) During the period above specified the United States Government shall have the right to kill 7,rm seals. (.i) Consuls may at anytime be appointed to the islands in the Hering bea, and the United States Government will grant an "exeouatur" to any such consuls. '■ (i) Unless the assent of Kussia beobtaiu'ed to this convention it shall not come into operation. Julian Pauncefote. / / Behriufi Sea arhHration. Washington, June ,% 1H!U. (Ueceived June 4, 1801.) The undersigned has been instructcul by the Manpiis (»f Salisbury to inlorm the Lnited States (Government that Ifer Majesty's (Jovermnent arc prepared to assent to the first five (pu'stions pioposed to hv sub- mitted to arbitration in the note of the Hon. James G. IJlaine to the undersigned, dated the 14th of April last. Her Majesty's Government can not give their assent to the sixth questum tormulated in that n.)te. In lieu thereof they propose the appointment of a ccmimission to consist of four experts, of whom two shall be nominated by each Government, and a chairman who shall be nonunated by the Arbitrators.' The Commission shall examine and re- port on the question which follows: wW^*i\'l^.7I"'^"*'P'^•'*''''*"« .*''•'■ ^''■^•'^^ '■'^''« '° Bohring Sea from extermination, « ir. fi! «t i'" arrang.;n.ent8, if any, are necessary between Great Britain and the United States and Russia or any other power? As regards the question of compensation. Her Majesty's Government propose the tollowing article : It shall 1)0 comi)ctcnt to the arbitrators to award such compensation as in their udgmout shall seein eqni table to thi- subjects and citizens of either power who shall WtlLronSTeX'irjn""''"''" "-P-^-^^-tof the industry of%ealinff by the Julian Pauncefote. yo [ 30G DITLOMATK" (•0RI{HSP0NI>I;N(^E. 1 li Mr. Wliat'ton to i^ir Juliini l^duiicc/ote. ' / Dei'Autmknt of State, \ViiHhiii(/f(ni, f/ittn- /, IS!H. Riu: T am dirorted by the rrosidont t«> say, in reply to your note of the 3(1 instant, eonveyiny to the (l«)vernniont of the United States the resitonse of Her Majesty's (Jovernnient to tlie proposal of ^Ir. lilaine for a iikhIks rhriidi, relatinj; to the seal fisheries in Behring Sea daring" the present seasart of the Uelning Sea lying east, east- wardly, or southeastwardly of the line described in artich' 1 of the «'on- veution between the United States an7, and will |)roniptly take such steps as are l)est «'alculated «'ttectively to insure the observance of this prohibition l>y the subjects and citizens of (Ireat IJritain anvernment of tlu^ IJnited States shall prohibit, until May, 1802, the killing of seals in that i)art of IJehring Sea above described, and (m the shores and islands thereof, the property of tlie Tnited States (in excess of 7,501) to betaken on the islands), and the (irovernment of the United States will promptly take such steps as are best calculated ef- fectually to insure the obsi'rvance of this prohibition by the citizens of the United States and the vessels flying its flag. These changes are suggested in order tliat the inoibis may clearly have the same territorial extent with the pending j»r(»p()sals for arbitra- tion; that the stipulati()n for a prohibition of seal-killing upon tlie islands of tlu' United States nniy rest upon its own order; and that the obligation of the respective governments to give prompt and vigorous effect t«> the agreement may be more clearly apparent. Seccnul. The pertinency of the suggestion contained in the third sub- division of Lord Salisbury's jnoposal is not apparent to the President. The statutes of the IJnited States explicitly inohibit the landing of any vessels at the seal islands an(>iu<'nt, and will in«'vital>l.\ canst' sncli a delay as to thwart tlic pnrposcs whicli lie must snp|H)S(' luttli «>»»v»'rnni('nts have had in \ iew. lie is surprised that this result did not suji^iost itself to Loid Salishnry, and does not donht that it will he appaieut to him on a rei'xauiiuatiftn. I am also direet<'ehrin;i' Sea within the limits described in our eouveutiou with Russia and to restrict the killiu;;' of seals on the islands of the United States, but no authoilty is conferred upon him to jirohibit or make penal the takinji' of seals in the waters of IJehrin}> Sea westward of the line referriMl to or u|H>u any of the sh()res or islaiuls thereof. It was never supposed by anyone rei)resentiii}>" the (lovi'rnment of the United States in this eorresp«)ndence, or by the President, that an a propoHal of Mr. Blaine, will have the early attention of the I'lcsijlent. 1 liavu, etc.) William F. WiiAirmx, AvtiiKj Scvn-tury. Sir Julian Paunce/otc to Mr, Wharton. BUITISII Lk()ation, WaHliinf/ton, Jnne (I, 1S91. Sir: Tninie«liately on the receipt of your note of the 4th instant, relativj' to the proposed unxliis rininli inBehrin^' Sea, I eoninninieated its contents to the Manpiis of Salishnry by telegraph. I hiive now the honor to inform yoM that late last night I received a telegraphic re|»iy from his lordsiiip, of which the substance is contained in the inclosed luemorandnm. 1 have, etc., Julian Pauncefote. C« ,.i^ /r nKIiniNO 8KA MODI'S VIVENDI. [Inclosuro in Sir Julian I'auncefotd'H letter.— Momornndnm.] Her Majesty's Government iUf^cpt tins jirojxisal of the President that the modus vivciDli, if agreed ui)oii, shonhl jn'ovide that " tho8al Her Majesty's Government yive to the cruisers of the United 8tat<)8 tlie power of supervisinj; the conduct of British subjects in observing the proposed agreement at sea. This is a concession which, in l^ord Salis- bury's opinion, entitles Her Majesty's Government to ask from the United States the corres])()udiug power of supervising the ])roceedings of the United States citizens on the seal islands. It is ou the rtdelity with which the condition of not killing more than 7,.50O seals is observed that the (M|uality of the ])roitosed agreement depends. Her Majesty's Goveninu'Ut, therefore, regard it as indi.s]iensabl(^ that they should have the right of satisfying themsi^lves that this condition is fully observed by citi- Z(^ns of the United States. If there be an objection ou the part of the United States Government to issuing an exe(iuatur to a permauent consul on the seal islands, Lord Salisbury suggests that they can, under the statute, "specifically authorize" the residence thereon of a British agent during the ]»reseut season. His lordship will not insist (m the condition that Russia shall be a party to the .agreement, but he nnist earnestly jjress the United States (Jovernment to extend the prohii)itiou to their citizens and vessels over the entire area of Uehring Sea. In that case Her Majesty's Government on their part will similarly extend the prohibition to British subjects and vessels. Lord Salisbury points out that, if seal-bniitlui; 1 ■ prohibited on one side of a purely imaginary line drawn in the open ocean, wIiiK- it is permitted cm the other side of the line, it will be impossible in many cases to i-voi t, unlawful sealing or to infer it from the possession of skins or lishing tackle. In conclusion, Lord Salisbury states that Her Majesty's Government consider it a matter of great importance that the two Governments should agree on the ti^rms of arbitration at the same time as on a modnx i^h-ciuti. The susiieusion of sealing is not a measure whioh they could repeat another year. JULIA2{ Paunckfotk. 1 1 I' ! MODUS VIVKNDI ol' IM)»| \M) ARItiri.'ATION. ;5()1) Mr. WlKU'ton /<» >Sir .liilion I'taimrfott, 1)K1»AI{TMKNT (»F STATK, Wtisliinjitoii, 'hnir (i^ I>:!>1, Str: I iiin (lirocto«n»v the Pi'<'si(l«'iit to say that he has rco'ivt'd with ji'ii'at satisfaction the i oteol' L(»rtl Sahslmry of to day's date In i<'ply to my not»^ of the 4Mi instant, lie diitHjts nii' to asl; you to ic^inind Lord Salisltniy thai tlic limitation of tlic killing' of scal^ upon the ishinds is al>solut('l\ witliin tin- control of llic I'nitrd Stat«'s, as a daily count is made by s\\«>in olhceis, and to inform him that already, in oidei' to as- sure such control jtenilinj; these ne^zoliations, theaycnts**!' llie'l'reasuiy Department, who have been py solution of the ])endiny' ditticnlties shall be attained) must be collected durinj>' the present season, and as the detinite aj;reement for arbitration can not be concluded contemporaneously with this a}»re('inent, the President directs me to say that h«' is quite willinjn' to ajiree that Jler Majesty's (loverii- nieiit may send to the seal islands, with a view to <'olh'ctiny the facts that may be involved in an arbitration, and especially facts relating to Meal life and to the results of the methods which have been pursued in the killing' of s(>als, a suitable person ov persons to make the necessary ♦ observations. The present and the conijiarative conditions of the rook- eries may become an important consideratitm before arbitrat<»rs in a certain event, and the President would not ask that the evidence ujmn this subject should hv wholly from one side, lie is desirous that the prohibition of the killiu^' of seals tor this season shall be as wide and absolute as possible, and wiU not omit the exercise of any power con- fuh'd to him by law to promote that end. He direc^ts me to assure Lord Salisbury that ho is extremely desinais to briny to a speedy conclusion the pending negotiations for the submission to impartial arbitration (»f the i)oints of dilterence between the twodovernments, and rejirets that, for reasons which have been ex])laine(l to .\ on, an immediate answer can not be returned to his lordship's note upon that subject of tin* 2d in- stant. He feels sure, however, that the i)rompt announcement of an agreement for a inodim for this season, whih' there is yet time to make it mutually effective, will not fail to have a hajipy influence u])on the. linal negotiations. It is hojied that authority may be given to you, as the representative of Her ]\IaJesty's G(>veriiineiit at this capital, to conclude, immediately upon the passage of the bill now pending' in Parliament, the following agreement: f r^V i 310 DIPLOMATIC CORRESPONDENCE. For tlu' purpose ofavoidinj;- irritiitiiij'- diHeiciices ami with a view to promote a frieiully settlement of the (piestious peiidiiiy' between the Crovernmeuts of Cheat IJritain on the one side an(l the United States of ^imeriea on the other, touehiny the rif^hts of the respective nations in the Behrihg- Sea, the followinj> agreement is made, whieh shall have no effi'et to limit or prejudice tlie rights or ehiiuis of either jxtwer, except as therein exjnessly stii)ulated and for the time therein limited: (1) The (Jovexnmeut of Great Britain will jaohibit until IMay, 1892, the killing of seals in all that part ol" the Behring Sea lying east, east- wardly, or southeastwardly of tiie line described in article 1 of the con- vention between the United States and Bussia of dsite IMarch 30, 1807, and will promptly take such steps as are best calculated ettectively to insure the observance of this prohibition by the subjects and citizens of (treat Biitain and all vessels tlying its Hag. (2) The (Jovernment of the United States Avill prohibit until May, 1802, the killing of seals in that part of Behring Sea above described, and on the shores aiul islands thereof, the prt)perty ( f the United States (except that 7,500 seals, and no more, may be taken on the islands); and the (lovernment of the Ignited States will promptly take such steps as are best calculated etiectively to insure the observance of this prohibition by the citizens of the United States and the vessels tlying its Hag. (.}) All vessels or i)ersons violating the laws of their respective Gov- ernments in this regard outside the ordinary territorial limits may be seized and detained by the naval or other duly commissioned oflicers of either of the high contracting parties, but they shall be handed over as socm as i)ractn'able to the authorities of the nation to which the.\ respectively belong for trial and for the imposition of the penalties and forfeitures ])rovided by law. (4) In order to facilitaic siu'h iuoi)er inquiries as Her Ma jesty's Gov- ernment nuiy desire to make with a view to the presentation of the case of that Government betbre arbitrators, and in the expectation that an agreement for arbitration may ultimately be reached, it is agreed that a suitable person or persons, to l)e designated by Great I'.ritain, will be permitted at any time, upon application, to visit or to remain upon the seal ishmds during the present sealing season for that purpose, 1 have, etc., William F. Wharton, Acting Secretary. Sir Julian Paunce/ote to Mr. Wharton. British Leoation, Wanhinoton, June S, 1891, Sir: T have the honor to acknowledge the receipt of your note of the (!th instant containing the terms of a proi'osed agreement for a moduli rirendi during the present seal-tishery seasf Salis- bury. I hav<^ this day received a reply from his lordship, in which he trans mits a draft of the proposed agreement, with certain moditicatious and additions. MODUS VIVEM>r OF 18!tl AND ARIUTRATION. 311 I bej;' to inclose a copy of if, and to rc(iiiest tliat yon will be good enouyb to submit it to your Govennnent lor tbeir consideration. 1 bave, etc., Julian Tauncefote. AGKKKMENT. [Indnsiirc in Sir Julian raunccfoto's letter.] For the piirpnso of avoidiiiu ir. littinji; dittercnPi'S iinrt with a view to promote friendly settlt'iiieiit of I lit' finest ions ]>eiu1in^ between the two (iovernnienls, loneliin;; their respeetive rights in JJeliiing !^ea and for iireservation of the seal speeii's, tlio following agreement is made without pr]ilii'ation. to visit or to remain u])on the seal islands during the jtrcsent sealing season for that imrposi;. (.")) A connnission of four e\]ierts, two nominated by each Govern. . nt, and a chair- man nominated liy the arbitrators, if a]ipoiuted, and, if not, by the aforesaid com- mission, shall <'xainine and re](ort on the following qu<'stion : What international arrangenwiits, if any, between Great Ihitian and the United States and Kussia or any other Power are necessary for the ]>nrpose ol' preserving the tnr-seal race in the northern Pacific Ocean from extermination? ((») The (ioverninent of the United States will Join with that of Her Majesty in re(|ue8ting Kussia to forbid her subjects from sealing to the east of the line indicated in article No. 1 of the present agreement until the 1st of May, 1892. Mr. WhartoH to Sir 'Julian Pmnicefote. Depaktment of State, Wdshtni/ton, Juno !), MW. Sir: I am directed by tbe President, in resitonse to your note of .lune S,delivered tliis morning, to say tlnit be ri'gretstbat, at tbe moment vvben tbe two Governments seemed to bii\e readied an agreement in tbis matter (vbicb is one calling for tlie utmost )U'om|»tness of lotion), new conditions sliould be sug,gested by Lord Sidisbury. Witb tbe acceptamu^ of tbe proposition sultmitted in my last note, relating tojier- mission to Hritisb agents to visit tbe seal islands, an agreement had been readied upon all tbe conditions tbat bad been previously discussed 312 i)irL( )MATrc coifUKsiv )N I )i:nck. |!:i t I i I or siifijiosstcd in this roiiiu'ctioii. Tlio President does not object to llu^ nioditieatioii of liis |tro]»osiil sujijicsted in the first article submitted by yon, for he assumes that tlie terms used, wiiile not as stronf>', ]M'rhaps, as those sujijicstcid by tliis (lovernment, do fully it the Govein- ment of (Ireat IJritain to |)romi>t and eneryetic measures in the repres- sion of the kiliinj^' of seals by the subjects and vessels of that nation. The proposal submitted lij' you on .hine 3 contained this clause: " Durinji' thejieriod above si»ecilied the United Statesdovernmentshall "" havi' therif'ht to kill ',i)(H) sj'als." Mow, his lordship adds a most extra- ordinary, and not alto<>etiier clear, condition (1 (luote), "to be taken on the shores and islands as food skins, and not tor tax or shipment."' This new conditn)n is entirely inadmissible and, in the opinion of the ['resident, inconsistent with the assent already yiven by Her jMajesty's (Jovernment to the i»roposition of the United States in that behaif. It had been i)articularly explained in the correspondence' that the lessees of the ])rivilej;e of takinj; seals ujio)! the islands assumed obligations to sii]>plytothe natives the food and other thin <>s necessary for their subsist- ence and (omfort, and that the takinji of the limited number of seals was not only to supply tlesh to the natives, but, in sonu' part, torccomi»ense the ' Ompany for furnishing other necessary artich's of food, ch>thin<>', ar.i fuel. Tlu' President is sui prised that it should now be sujigested tmit none of the skins should be renH)ved from the island, and lie ci.a not understand how British interests can be jn'oniotxid by allowing- them to go to waste. The ]»revious croposal, for you will observe that the obliga- tion assumed by 1 1 tr .Majesty's (iovernment is to inohibit seal killiug in a certain part of JJehring Sea, whereas the obligatiim assumed in the second article by the G(»vernment of the I'liited. States is to prohibit seal killing in the same part of IJehiing Sea and the sh(»res and islands thereof, the property of the I'nited States. The killing, therefore, of seals on the islands or within the territorial waters of the United States falls only within the i»rohibition of this (iovi'inment. His lordship will als(» see that it is altogether beyond tiie power of the President to stipu- late that an offense committed in the undisiinted territory of theUnited States against its laws shall be triable only in the courts of another nati(»n. The exteiisicm of this clause to the. territory and territorial waters of ihe I'nited States, therefore, involves an insuperable legal dithculty (»n our jiart and a con<'ession which no indejiendent Govein- ment could be ex]>ected to make. The mutual police, which is to be stijmlated for, could not, in the nature of things, ajtply to the territoiial waters within the undisi»uted and exclusive juiistliction of either. To the fouith clause, which is in substance the same as the proposi- tion made by this Governnu'iit, no objection is interi»osed. - As to the fifth clause, 1 am directed to say that thePn sident regards the pro|tosition to a]»i»(»int a Joint Coniniission to investigate and rej)ort as to what regulations or international agreements are necessary to preserve the seal (isheiies to be one of the incidents of the agreement for arbitrath)!! and to have no i)roper place here. This distinction seems MOI)i:S VIVlilNDI OF 18!)!. AND AUIUTUATION. 313 •^ I to liiivc l>c*«'!i i('cu};iiizt', and lias never until now aj)- peared in the ' has at any time intruded into the waters describeroposed ajireemeiit. lie is entirely in symi>athy with the expr<'ssed desire of liord Salisbuiy to secure such limitations as to the huntinj^ of seals in tlw whole of IJehr- iu};' Sea as will preserve to mankind this valuable industry; but he does not think that an aj;reenu'iit to unite in any Joint note to i\Missia should be interposed here and at this time. Moicovei-, l.ord Salisbury will Iterceivetliat, in tlie ]>resent state of the American law, if IJussia should ask f(U' reciprocal action by this (lovernment west (»f the treaty line, the President wouhl be confronted witli tiie same diiliculty that prevented him from extending the agieement with Her Majesty's ClovernnK'ut to tlie whole of liehring Sea. As the President understands, <^lie adhesi(»n <)f the two Governments lias been given in this correspondence to the following jnopositions: For the purpose of avoiding iiritating ditferen<*es and with a view to promote tiiendly settlement of the (pu'stions [)ending l»etween the two (lovernments, touching their respccti\e rights in Ueiiiing Sea. and for the preservation of the seal species, the following agreement is made without luejudice to the rights or claims of eitlu'r party: (1) Her Slajesty's (lovernment will ])i'ohil»it. until ."May next, seal- killing in that jiart of l>ering Sea lying eastwaid of the line of demar- cation described in article No. 1 of the treaty of ISO? between the Cnited States and Unssin, and will iirojnptly use its best ellbrts to insure the observance of the prohibition by Ilritish sul>Jects and vessels. (2) The United States Government will prohibit seal-killing for the same period in the same j)art of iJehring Sea and on the shores and islands thereof, the proi)eity of the Tnited States (in excess of 7,.")()0 to be taken on the islands for the subsistence and care of the natives), and will promptly use its best efforts to insure the observation of this pro- hibition by Tnitcd States citizens and vessels. (3) Kvery vessel or person offending against this i»rohibition in the said waters of Hehring Sea, outvside of the ordinary teiTitorial limits of the United States, may be seized and (h'tained by the naval or other duly commissioned officers of either (»f the high contracting parties, but they shall be handed over as snoon as practicable to the autlnu'ities of the nation to which they respectively behtug, who shall aloi e havejuris- diction to try the offense aijd impose the penalties for the same. Tlie witnesses auitratovs, and in expectation that an agreement for arbitraticni may be arrived at, it is agreed that suitable persons designated by Great Britain will be iiermitted at any time, upon application, to visit or to remain upon the seal islands during the present sealing season for that purjiose. The President directs me to inform you that the (Jo\ernment of tli<( United States is ready to conchide this agreement, if it can be put into 40 ;r i 314 DirLOMATIC COKUKWroNDKNCE. force iiimiediatcly. The value of such an agieeuu'iit to tlie United States is daily lesseuiii}>-, and the i'lesident therefore feels that he must ask that the iie;>otiations be brought to a speedy deteriiiijiation. I have, etc., William F. Wuaeton. Sir Jnliaii raiincc/otc to Mr. WJiarton. BUITISII IjEOATION, Wtishiiifffon, Jiiiir 10, 1S01. Sir: I have the honor to acknowledge tin' re(!eii)t of your note of June J), delivered this day, in rei)ly to my intte of tln' 8th, in which I transndtted for the consideratioTi of your (lovernnient the dratt of a ]>roi>osed agreement tor a moilns rircndi during the i»resent fur-seal lishery season in iJehring kSea, with certain moditieations and additions suggested therein by the Marquis of Salisbury. 1 have telegraphi-d the substance of your note under reply t(> his lordship, and 1 hope to be able to connnunicate to y(ni his observations thereon in the course of to-morrow ov the foUowingday, In the mean- while, with refevi'iM'e to the comi)laint that new c(»nditions sliouhl have been suggested :■■■■ "^^is stage by Lord Salisbury, I would beg leave to point (mt that all "dsldp's suggestions are obviously dictated by a desire to render ^ ■;in this ]>oint to the report of S])ecial Treasury Agent 0. J. Goit", laid belbre Congress (Ex. Doc. No. 4!>), pi>. 4 and 2'.>; also to the repared to bring the Arbitration negotiation to a conclusion without further consideratiN, Acthuj Uttrctury. Sir Julian Pauncefote to Mr. Wharton. British Legation, Washinfftou, June IH, 1^91. Sm: I lost no time in telegraphiufy to the Afarquis of Salisbury the <'onteiits of your note of June 11, conveyinji' the assent of your Govern- iiu'iit to the appointmei't, in connection with Her Majesty's Govern- ment, of a. joint coiinnission tor the ]mrpose nu'iitioned in my note to you of the same date, such agreement to be signed sinuiltaiieoiisly with the convention for arbitration, and to be without prejudice to the artment for the i)urposeof signing the agreenu'nt, at such time as you may be good enough to appoint. I have, etc., Julian rAUNOEFOTE. Mr. Wharton to Sir Julian Pauncefote. Department op State, Washington, June IS, 1891. Sib : The President directs me to say, in resjtonse to your note of this date, that his assent to the i)roi>ositiou for a. joint commission, as ex- pressed in my note of June i», was given in the exi)ectatiroper effort to adjust the remaining ]H(inta of ditterence in the general c(nrespondence relating to arbitra- tion, and to agree upon the delinite terms of a submission and of the appointment of a joint comuiission without unnecessary tlelay. \ir I! MODrS VIVHXDI OF 1801 A\l» AUBITRATION. 317 He is h1:i<1 that un a<>i'eoin('iit lias finally Ixhmi roaclnMl I'or the ix'iuliiiy' season; and I l)oji to say tliat, if you will call at the Department at 10 (M-lock Monday next, I will l)e glad to put into writing and give formal attestation to the iikkIks civeudi which has been agreed upon. 1 have, etc., ^ William F. VViiahton, Actiuij ISvcretary. Modus Vireiiflf respecting the fursen} fisheries in Behring Sea. BY TUE PKESIUKXT OF TIIK UNn'KI) STATKS OK AMKRICA. A PROCLAMATION. Whereas an agTcement for a modus rirendi between the Government of the United States and the (lovernment of Her Britannic Majesty, in relation to the fur-s«'al tisheries in Behring 8ea, was concluded on the tifteenth day of .June, in the year of our Lor0() to be taken on the islands fiw the subsistence and care of the luitives), ami will promptly use its best etforts to ensure the observ- ance of this prohil)ition by I'nited States citizens and vessels. {'A) Every vessel or ]>erson ottending against this jjrohibition iu the said wiiters of 15(diring Sea outside of the ordinary territorial limits of the I'nited States, may be seized and detained liy the naval or other duly coniinissioned officers of either of the High Contra(;ting Parties, but they shall be handed over as soon as ])racticable to the authorities of the nation to which they respectively belong, who shall alone have.jurisiliction to try the offense and impose the i)enalties for the same. The wit- nesses and proofs necessary to esta))lish the otfense shall also be sent with thcan. (4) In order to facilitate such proper iu((uiries as Her Majesty's Government may desire to make, with a view to the presentation of the case of that Government be- fore arbitrators, and in expectation that an agreement for arbitration may be arrived at, it is agn^ed that suitable persons designated by (ireat Hritain will be ])ermitted at any time, upim application, to visit or to renuiin upon the seal^hilands during the present sealing season for that jinrpose. Signed and sealed in duplicate at Washington, this tifteenth day of .June, 1891, on behalf of their respective; Governnu'iits, by William F. Whaiton, Acting Secretary of State of the United States, and Sir .Julian I'auncefote, G. C. M. G., K. C. B., H. 15. M Envoy Extraordinary and Minister PleuipotiMitiary. William F. Wharton [skal]. .Julian Pal'\cei'(»tk [skal]. Now, therefore, be it known th.at T, r>enjamin Harrison. I*resi' "-^ "-^ ---1 tl.o seal [SEAL.] iJ Hired .Mates the one Imndred and fifteenth. By the President: Benj. Harrison. William F. Whaeton, Acting Secretary of State. Mr. Wharton to Sir Julian Pauncefote. ^ ^'> Julian Pauncefote to Mr. Wharton. British Legation, .Sir: I ha,ve the honor to inform vou thlt'n "■'''"' '^""' ''' ''"'■ nication from Her Maiestv's P.i w./J..?? « . ^ ''''^'® received a commu- fairs to the effect t n/ £ n„lL" ,^«^"retary „f State for Foreign if- Sir George Baden'poU!" tT 'Za'^'T'''^ P'^^^^ *« ^^^ proceed to the Pril)ilof fsli ul«'tvt ii '>awson commissioners to f..r-seal fishery in S!n^ Sea *'" P"^P*^'^' ^*" examining into the In accordan<'e witii the insfinz-fiV^,. ^*' <.i nr the honor to request th',t^^e,n.it^n *''^^r'"*l»'«"f Salisbury, I have I have, etc., "^fmTT*""! — - -__ Julian Pauncefote. / ■ MODU.S VIVENIM (»r IX'Jl AND AKKITUATIUN. 319 Behriufi Sea mtuhn vivcndi. [MviiiorHiulum.] Washington, June 2.% ]s>)]. The following iiistrnctioiia luivc hi'en issued to tin' Hiitisli senior naval oflieerat Ksquiinanlt: He is to proceed to IJelirinj;- Sea with Ih'r Majesty's ships Xymplic and I'linitunit and eruise to the eastward of the line of deniareation mentioned in articles 1 and 2 of the niothis riniidi, warninji' all British vessels found acting' in ij;noran<'eof the prohil)iti(»n. J le is to confiscate the sealing' e(|uipnu'nt of any British vessel found deliheiately oft'endinj'', reconliny lier name and the nanu'of her masti'r for prosecution afterwards, lie is to arrest any American vessel f()und deliherately otteiulinjjf and record her name and the name of her caj)- tain, together with the proof of the offense for which she is arrested, informing Tnited States cruisers. Mer Majesty's ship /V)/7>o/.sr will be ord«'red from China to Join the other shi])s under his «'ommand. Her Majj'sty's (lovernment are of opinion that there sliould b«' an tiuderstanding between the two (lov- ernments for nuitual indemnities. A cruiser of one nation arresting a vessel of the other can only be Justified in doing so as the agent of such other nation, and should therefore act in that «'haracter. Her Majesty's (lOvernnuMit, tliei-efore, suggest that the two Govern- ments shall agree to indemnity each otluir in respect of any a<'ts com- mitted in pursuance of sucli agency by thfe cruisers of one nation against the vessels of the other in execution of the modus I'it'nidi. Julian rAUNCEFOTE. Mr. Wharton to Sir Julian Pauncefotc. Depaktment of State, Washlufiton, June :.''), tsftl. Sin: The correspondence between this Government and that of Her JNIaJesty has happily resulted in an agreement upon the first five pi'o]»- ositions, which are to constitute the basis of a proposed arl)itration relating to the controversy which has arisen as to the respective rights of the two Governments in the Behring Sea. In the note of Loreariug to attribute special .and abnormal rights in the matter to the United .states. I am now directed by the President to submit the following, which he thinks avoids the objectiim urged by Lord Salisbury: (()) If the determination of the foregoing questions as to the exclusive Jurisdiction of the United States shall leave the subject in »\H'h i»osi- tion that the concurrence of Great Britain is necessary to the establish- ment of regulations for the i)r(»per protectiou and the j>reservation of the fur seal in, or habitually resorting to, the Behring Sea, the arbitrators 320 DIl'LOMATK CORKKSPDM'KNCK. sliiill (Ih'ii (li'tciiiiiiie what coiu'iirreiit n'jiiilation.s outside^ tlie Jiiiis- ilictioiial limits of tlic icspcctivc (iovci'iiinciits are lu'ccssaiy, and nwv wliat waters siicli i'('<;iilati(>iis slioiild cxfciKl; and, to aid tliciii in tiiat dctcrniination. the rciMtit otth«' .loiiit Coniniission, to be apiioinlcd l>y the r«'S]K'(;tiv»' (lovt'iinnents, sindl be hud iiefore tla-in, willi such other eviiii|ii'usiitii)ii iis. in llii'ii' Jiii1;iin('nt. Hliiill s(!rme(|Mital)le to tlii' siilijtM'tHimd cilizciisiifcitlH'r jiowcr wlni sliall ill' mIiiiw)! til li;i\o lii'i'ii (Itniniilicd in tlii' |Mii'Niiit nf tlii> iniliistrv nf scnlin^ 1i,v tlio iutiiin 111' the ntlnr jiowcr. Tiie I'residcnt can not ji'ive his asstMit to tliis form of snbmittinj;' the (juestion of compensation. It entirely omits notice of tlie important tact that the (lovernmcnt of the rnit«'d States, as the owners of tlie seal tisheries on the I'ribilof Islands, has interests which have been injuriously afl'ected by the pelagic sealing", of which complaint has been made in this correspondence. This (iovernment has derived a xavy large annual income from this property, and that income has, in the opinion of the President, been very seriously impaired and imperiled by the destruction of the seal in the sea whih' ])assing to and from the breeding grounds on these islands. The (iovernment of Her Majesty has directly interposed "to siipjiort the Canadian sealers, and will not, the President assumes, desire to avoid res|>onsibility for any danniges which have resulted to the I'liited States or to its citizens, if it shall be found by the Arbitra- tors that the pursuit of seajs by these Canadian vessels in the sea was an infraction of the rights and an injury to the property of this Gov- ernment. The (a'oi)osal submitted by you distinctly limits the liability of Her Maiesry's~Governmeul, in case of a decision in favor of the Tnited States, to carent to Lord Salisbury that whatever damages have resulted from pelagic sealing as pursued by vessels tlying the IJritish flag have accrued to the United States or to its lessees. The President does not doul)t that the purpose of Her ^Majesty's (rovernment, in the proi)osal under dis(!Ussion, was to secure the party injured equitable compensa- tion for injuries resulting from what iiuiy be found by the Arbitrators to have been the unlawful and injuricms act of either (government. From the iu»te of Lord Salisbury of February 21, to which reference has been made, I «inote the following: Tlicrr is cine (iniissiun in tlit'sc iint'stions whii'li I Lave mxlonlit tin- Government of the I'rcsidi'iit will Ix' very fflad tn rciiair. and tliat Ih the refciente to tlic Aihitiatoi- ol'tlic i|U('stion, what daniajtes arc dne to the jiersons who have been injured, in case* it sliail lie determined by him tliat tlw action of tin- United .States in .seizing British vessels lias been wilhout warrant in inteiiiational law. I am directed by the President to i)ropose the following seventh and liiial clause in the basis of arbitration: (7) It shall be competent to the Arbitrators to award siu'h compensa- tion as, in their judgment, shall seem eii, JSni. The Acting Secretary of State presents hisc1, and the i'resident being about to d«'signate two jieisons to visit the IJehring Sea for the purpose of examining all ([uestions connected with seal life in that sea and the adjacient waters, I have the honor to propose that arrangements be made to have these agents of the respeetive (lovernments go together, so that they may make their observations conjointly. Awaiting sucli communication as Her Majesty's Government may desire to make upon the subject, I have, etc., William F. Wharton. Sir Julian Paunafote to Mr. Wharton. British Legation, Washington, 'full/ (I, 1891. Sir: I have the hcmor to acknowledge the receipt of your note of the 3d, instant, in which you propose that arrangements be ma le to enable the agents appointed by our lesiteetive Governments to visit the Behring Sea for the ]»urpose of examining into seal life to go together, so that they may make their observations conjointly. 1 at once communicated tliis proposal to the Marquis of Salisbury by telegram, and 1 have received a reply from his lordsliip to the ett'ect that a ship has already been chartered to take the British Commission- ers to the seal islands, and tliat the engagement could not now be can- celed, but that the British Couimissi(mers will be instructed, when they arrive ill the islands, to cooperate as mucli as possible with the Commis- sioners to be appointed by your Government for the purposes of the inquiry. I have, etc., Julian Pafisicefote. MODUS VIVENDI OF 1891 AND AKBITKATION. 323 Sir Julian Vaunvcfote to Mr. ]\'li yon lu'rcwitiijn iK-cordaiicc witli iiistnictioiis wliirli 1 liavt* irreivrd from tlic .Marquis of Salishmy, (•<»!» ics of ail act of Pailiainciit ciialiliiij;' Her Majrsty tlu> (^Miocii to pio liihit by order in coiiiicil the eatcliiiig of seals Ity Jiritisli sliiits in iU-lii iii<{ ►Sea. I likewise inclose copies of an order of Her Majesty in council issued in virtue of tlie powers jjiven by the said act and prohibitiii;: the catch- in;;' of seals by ISritish shi|is in ISelirin^' Sea, within the limits dctiiied therein, from the L*4tli »»f June last until the 1st (»f May, l.S!»2. 1 have, etc., Julian Pai nikf t)TK. ORDEK IN COUNCIL. [Inrlosiii'i' 1 in Sir.Iiiliaii Paiiiicfl'ofu'H note.] At tlio court at Winiltsor, the 2H«1 diiy ot .Iniu'. IHJtl. Present, tlie (^iccii's Most Excellfiit Miijestv. Lord I'n-sidi'iit, Karl of Liiiit-riclv, .Mar()iiis of Saljslmrv, ami Lor.l Artlinr Hill! Whereas l>y tlie seal fishery (Heluliijj .Si'a) aet, 1H\)\, it is enacted tliat Her Majesty tlie (/neen nuiy by order in eouneil jiroliiliit the catehinfj of seals liy Itritisli siiiiis in Itehrin};' Sea or sneh jiart thereof as is defined hy the said order, diirinj; llie period liniite(l by the order; And whereas the exi»ressi( i " HehrinK's ,Sea" in the said aet ineaim tin; seas known aN Hehriug >Sea within the limits deserilied in an order under the said aet. Now theretore, Her Majesty, in virtne of the jiowers \ csted in her by tin' said re- eited aet, Ity and with tlie advice of her jirivy council, is hereby jdeased to order, and it is hereby ordered, as foil' \v»: (1) This order nuiy be cited as the sciil lishery (llehring .Sea) order in council, 1891. (2) From and after the 24th day of .June, 1891. until the 1st day of .May, 1891.'. the cateliing of seals by IJritisli fihiiis in UehriuK Sea as hereinalter delined is heieby ])roliibited. (3) For the purposes of the said recited act and of this order the expression ''Hehr- iny's Sea" means so nnich of that part of the Pacific Ocean known as Mchrinji Se;i as lies between the ]).arallel of Gii"^ 30' north latitmle and the chain of the .Mentian Islands, and eastward of the followinji lim^of demarcation, tiiat is to say. a lineconi- mencin<; at a point in Behrinjj Straits on the said jtarallel of (i'l ;{() north latitude, at its intersection by tlu^ meridian which jtasses midway be-tween the islands of Krnsenstern or I};nalo(>k and the island of Katmanotf or Noonarlxxdv ; and pmceed- inn thenci' in a course nearly southwest thronjfh Hehrinji Straits and the seas know n as Hehrint; Sj-a, so as to i)ass midway between the northwest jioint of the island of St. Lawrence and the southeast point of (Jape Chonkotski to the nu'ridian of ITS'" west lonjLjitnde; thence from the intersection of that mei'idian in a sontliwesterly direction, so as to pass midway between the island of .\ttou and the ('o|)per Island of the Kormanderski couplet or group iu the North Pacific Ocean, to the meridian of 193"- west longitude. C. L. Pi:kl. SEAL FISHERY (BEHIUNG'S SEA) ACT, 1891. [Enclosure 2 in Sir Julian rainicutote'H note] 54 Vict.] Chaptkr 19. AN ACT toennblp Her Ma,ii'Htv, by order in council, to make Niiocinl provision tor proliiliitiu;; tI\o catcliinjr of seals in Hehring's Sea by HerMtyesty'ssubjeetsdiirinK tlie period named in IlieoKJer. (lull June, IK91.) Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons, in this jtresent Parlia- ment assembled, and by the authority of the .same, as follows: I. (1) Her Majesty the Queen may, by onler iu council, prohibit the catchiny of ^4/> 324 DIPLOMATIC CORRESPONDENCE. Ill st'uls by Britinli sliijts in Hehiiiij;V .Seii, or tiiicii icirt tUonjof us io delined by the said (irdiT, (luriii*; ilif jfcritxl liinittMl l>v the order. (2) Wliili' ill) order in rdiiiu-il under this act is in force — («) A ])er,son bcl(»iif;inj; to a Mritisli sliip shall not kill, or take, or hunt, or attempt to kill or take, any seal within ]Jehrinj!;'s Sea durinjj; the period linuted hy the order; and (/*) A liritish whi]) .shall not, nor shall any of the 4, and the shi;> and her ei|ui]>nuMit ond everything on hoard thereof shall be forfeited to Her Majesty as if an otfense had lieen conmiitted under section 108 of the said act, and the nrovisicnis of sections 103 and KM and jiart 10 of the said act (which are set out in the schedule to this act) shall apply as if they were hei-ein rei-nacted and in terms nnide ap]dieuble to an otfense and forfeiture under this act. (1 ) Any comniissioiK'd y the order, to stop and examine any UritiGh ship in Hehring's .Sea, and to detain her, or any portion of her equipment, or any of her crew, if in his, judgment the shi]) is heing or is prejiaringto be used or employed in contravcution of this section. (.")) If a Hritish ship is found within Hehring's Sea having on board thereof fishing or shooting im|>lemeiits or seal skins or liodlc^s of seals, it shall lie on the owner or master of such ship to ]>rove that the ship w^s not used or employed in contraven- tion of this act. '2. (1) Her Majesty the Queen in conucil may make, revoke, and alter orders for the purposes of this act, and every such ordei' shall be forthwith laid before botli hous«'s of Parliament and published in the London Gazette. (2) Any such order nu;y contain any liiuitations, conditions, (|ualificatiou8, and excej)tions which ajipcar to I!er Majesty in ccuincil exjte'lient for carrying iutoetfect the object (d' this act. 3. (1) This act shall a])ply to the animal knoAvn as the fur seal, and to any marine animal sjiecilii-d in that behalf by an order in council under this act, and theexprcH- sion ''seal'' in this act shaP '<" <'on8trued acconlingly. (2) The expri'ssioii '' Hehring's Sea'' in this act nn-ans the seasknown asBehring's Sea within the linnts described in an order under this act. (3) The ex])re8si(ui ''e(|uiiMne!it" in this act includes any boat, tackle, fishing or shooting instruments, and other things belonging to the ship. (4) This act may be cited as the seal lishery (Hehring's Sea) act, 1891. Schedule, enactments of merchant shipping act (17 and 18 vict., c. 104) applied. Skctkin 108. * » * And in order that the above provisions as to forfeitures nmy be carried into eHect, it shall ht\ lawful for any conunissioned otticeron full ])ay in the military or naval service of Her Majesty, or any Hritish orticer of cuetoms, or any Hritish consular orticer. to seize and detain any ship which has, eitln-r wholly or as to any share therein, lieconu' subject to forfeiture as aforesaid, and to bring her for adjudication belbre the high c(nirt of admiralty in Kugland or Ireland, or any court ha\ing admiralty jurisdiction in Her Majesty's donduions; andsuch court nuiy thci'eupon make such order in the case as it may think fit. and may award to the officer bringing in the sanu' for adjiulication such portion of the ])roceed8 of the sale of anv forfeited shi)i or share as it nuiy think right. Si'.c. 104. No such officer as aforesaid shall be res]ionsib1e, either civilly or crinn- nally, to any i)ersou whomsoever, in rcs))ect of the seizure or detention of any shiji thiit has been seized or detained by him in ])ursuanee of the pro'-'sicuis herein con- tained, notwithstanding thiit such sl>>> is not brought in for adjudication, or. if so brought in, is dechn^'d not to he liable i,o for) jiture, if it is shown to the satisfaction of the judge or court betbre whom any trial relating to such ship or such seizure or detention is held that there were reasonable grounds for such seizure or detention; but if no such grounds are shown, such judge or court nuiy award pjiyment of cost* anddanniges to any party aggrieved, ami make such tdher order ii; the premises as it thinks just. For the iTinaining ]>art of this in('h)suro, entitled "Lejrsil Proeedure," see Senate Ex. Doc. !No. 55, Filty-seeond Coiigress, lirst session, ])i>. 55-58. ill MODUS VIVENDI OF 1891 AND ARBITRATION. 325 Sir Julian Paunce/ote to Mr. Wharton. British Legation, WuHhinijton. July 7. 1Sf)1. Sir: With reference to the niemorapduiu whi(;h 1 left in y»»iir li;inar(l to the steps to be taken to prohibit the Icilliu:^; <»t senls in certain specified i)ortions of the Behring Sea.' 1 have, etc., Julian I'AtNOEFOTE. Mr. Adee to A'jr Julian Paunce/ote. Department or State, Wa8hinfft«»i, Jidy .s, idf)l. Sir: I have the honor to ajiknowledjje, with thanks, the receii>t of tl-e (H>i)ies of an act of Parliament relatiny to the catching- of seals by British ships in Behring' Sea, and also of the coi)ie8 of an order of Her Britannic Majesty in council on the same subject, that accompanied your note of the 0th instaut. I have, etc., Alvey a. Adee, Actintj iSecretary. Mr. Wharton to Sir Julian Paunce/ote. Department of State, Washington, July 9, 1801. Sir: I have the honor to acknowledge the receipt of your note of the Tthinstant, with accompanying C(«py of the instructions to Her Britannic Majesty's otticers in Behring Sea, and to inform yon that 1 have com- municated a copy thereof to the Ameri(ran Navy Department. I have, et' out the arruugemwit for the appoint- iiiciit of a joint <"omiiiissioii to iiiqiiiio into the conditions of seal life in Behiinji' Sea. 1 (lesii<' at present to conline myself to the clause projiosed in your note which (h'als with the <|uestion of compensation,' namely, clause 7. It is the only one wiiich appvars to nn' to raise any serious difliculty, and I trust tiiat. after cii!isi(le; in.u the foIlowin.ii observations, and with a view to expeditinji' the conclusion of this ncf^'otiation, the President will not object to the substitution of a clause in iiie form which I shall presently liea, if such sci/urcs shall be toiind by the ai'bilraloi to liiive been unwarranted; and it shall also be eom)ii'lent to the arbitrators to award to the I'nited Stat(vs such eoni|iensatioii as, in their judnnienl, shall seem ei|uilalde Ibi any ininries ri'sultiii<; to the I'nited .States or to the losees from ihat (ioveniinent of the |trivilej{i' of takiuj; seals on the I'riiii- lof Islands, by reason of the killin^i of seals in the l!(diiin!; Sea by persons actins; under the |iroteei ion of the Hrilish lla;:, outside of the ordinary territorial limits, iind since the 1st da\ o|' ,Ianu;ir\ , IKSt). if such killiii}; shall be found to have becu an iutVueliiui of the iiy yon: llt-r Majesty's (iovcriiiriL'iit have no desire to exclude tVoni tin; cimsideriitionof tlie iiiliilnitoi's aii\ elaiin of eoiii|ieiisatioii in relation to tiio ISelninjj S'li lislieries wliieli the I'nited States (ioxernnient may lielievo tiieinselve.sentitled to prefer consistently with the recojfiiized ))rinciples of international law. l>nf they are of ojiinion that it is ine.\|ied a proposal for an agreement between the (Jovernment of Great Britain and of the United States for mutual indemnities in respect of acts committed by the cruisers of one nation against the vessels of the other in execution of tliivsident .l.-sires me^o state that he hopes' t ha such M'lestion inay arise, bnt that he will he prepared to meet it in a iriendly si.irit, if, unfortnimtely, ditferenees shonhl dev.'lop I have, etc., ^ " William F. Wharton, Actbuj tSi'cretary. Mr. Wharton to iSir Julian raunvefote. Depak'tmiont of 8tatk, Washhuitoii, Atuiust S;,\ 1R!)1. Sir: Referrinff to my note to yon of the L'.Jd ultimo,* relative U^ the propose*! aj.Teement of arbitration of certain matters atiectin- the seal fisheries in iiehrinj.- Sea, I wonid be extremely obi ij.c< I ifyon W(,uhl be kind enoiijih to inform me when an answer to th.- same may be expected. J. iiave. etc.. William F. Wharton, Actiny iSceretary. Sir Julian Pannnfote to Mr. Wharton. 13RITISII Lhoation, ^'rirport, AiK/iist 2f, ISni. .,.m'-"' J ''"V^ the honor to acknowle(l«e the receipt of your note of the — d instant, m which you ask me t(> inform you when you mav exi.cct an answer t,o your note of the 2;!,t ultimo, relative to the i.r.MH sed agreement of arbitration of certain matters allectino- the seal tislu'ries lu Heiiriiifi' Sea. I very inuch rejiret that I have not yet been in a ixisition to renly to the fiote in (piestion, but 1 hope to be able to do so in the course of' the next tew (lays. I have, etc., Julian Paunoefote. Sir Julian raunccfote to Mr. Wharton. [Telcgrnin.l ' N•E^ypoRT. 11. T., A U(/ust 26, iSf)l. Your note of 22d. Important letter posted to day. Tauncefote. i2 330 DIPr.OAfATir rORRESPONDF.XCE. Sir Jitli<(u Patiiicrfote to Mr. Wharton, illlli II III t liii Illlli ^!i [Private anil iinolliciiil.) HKITlfef(i>re doinj;' so, however, I ai.i anxious to exphiin to you privately and unollieially by letter, as I woidd do verbally were I in V.'ashiuf'ton, tlu' objection which my (loveriunent entertain to the latest form of clause relatinj;' to compensation which has been pr<»posed by the I 'resident for adoption as article 7 in the liehrinji' Sea arbitration afireenient. Such a l)rivate anil unollicial exchan^t' of views at this point of the nej^otiations may abridge the otiicial correspondence anre theother questi«nis to be submitted to the Arbitrators have been determined and all tlu' facts on which any liability ly to your uoto of tlui L'.'id ultimo siud formally nuike the above pioposal, stutiiij-' th(> {;rouMr(, Aiajiist L'(i^ 1891. Sir: In aeeordauee with instructions which I have received from ller Majesty's principal secretary of state for foreign affairs. I have the honor to inform y|)o.s(>il by liiin can be 1h>I(1 to imply an ailniisHion on the l)art ol'dii'at Biitain " ofa (loctiine it'spcctin;;' the liability of (lovt'rn- nuMits tor tln' acts of their nationals or other persons sail in};' under their tlaj; on tlic hij-h seas, which is not warranted by international law.^ The proposition wasexjuessly thuned s«) as to submit to the Arbitrators the (juestion of the; liability of (Ireat Hritain for the acts of vessels sail- iuj;' under its t1aj>'. it did not assume a liability, but was framed ex- pressly to avoid this objection, which had been urj;ed against the previous proposal. I (pu»te trom my note of July 23: 'I'ln- l'iiit»'il States inif^ht well iii«ist that Her Majenty's (iovoniiiiont HhouliI adiiii* resitoiisiliilitv fur llu' ai'ts ot' the Canadian scalers, uliich it has so dir«M'tl,v oiiconr- ajjcd and promoted, pri-cisely as in the proposal the United States admits resjxtn- siliiiity for tin; ai-ts of the revenue vessels. IJiit, with a view to remove what seems to lie the last point of ditfereiiee iu a disenssion which has been very much pro- tracted, llu! President is willinj; to modify his proposal and directs me to otter the foihiwinj;: The <'laim of the United States was state«l in my note of July li3, ae- comi>anying the proposal, and the Piesident f the res|)e«'tive (Jovernments c(mld be more fairly or fully subnntted. This (i<»vt'rnnient jtroposes to subnut t(> the Arbitrators the question Avhether (ireat Ibitain is liable for the injury done to the seal fisheries, the i>ropeity of the United States, by the Canadian vessels that have, under the stimulation and supi>ort of the British (Jovernnient, been tor sevei-al y<'ars enj^aged in the Behrinji' Sea. The i)roposal of this (iovern mcnt was that tlie Arbitrators should consider and decide such claims in accordance with Justice and equity and the res]>ective rights of the high contra<'ting i)arti«'s. The l'resi«lent is unable to accept the last suggestion which younmke in your note, as it seems to him to be entirely ineffectual. The facts connected with the seizure of Canadian sealers by the revenue vessels of the United States, on the one hand, and with the invasion of the sea and the taking of seals by the Canadian sealers on the other, are well known, and doubtless could be agreed upon by the resjtective Govern- nu'uts without dilliculty. It is over the question of liability to respond in damages for these acts that the controversy exists, and the President can see no other course f(»r this tJovernment than to insist ui)on the snbndssion of the question of the liability of (Ireat I>ritain for the acts it comjilaiiis of to Arbitrators. This (lovernment does not insist that (Ireat Britain shall admit any liability ft< . Depaktment of State, Wasliiiif/toii. (htohvr In. is<)i. SiB: Tt is ii source ofreyrct that an answer lias been so lnn<>' delayed t(» your note of Auj^iist lMJ last, relatinj;' to the eonininnication «»f the British llehiin};- Sea ('oniniissiir.iers as to the allep'd killinji of seals on tlie seal islands in exeess of the nundter lix<'d l»ylhe ajiieenieiit of June l."» last. This delay has been occasioned by the ne<-essily (»f receiving from tlie Tiiited Stat»'s agent in charge of the islands a fidl report on the snbj«'ct. The agent reptnts that he reached the islands on the 10th day of June, 181M ; that from the 1st (»f January to the 1st of .May. IS!M,' no seals were killed on the islands; and that from May 1 to June 10, tin' date of the agent's ariival, there were killed by the natives foi' focnl 1,0."»1 seals. On the mmning of .lune 11 the agent ga\e ^(ciinissjon to the, lessees to commence killing under the contract wit* the (!overu- nu'iitof the United States, and he states that from the lltli to the l.ltli of June -',OLM> seals wei'c killed; and that from June I "> to July L*. the date of the arrival of the stvixnwr Cor ir in bringing the proclamation of the President (»f the I'nited States containing the notice and text of the iiioihis rirtnili, there were killed 4,471 seals, •'"lorn July L' to August 1() there were killed for the use of the natives as tbod 1.700 seals, and, on leaving the islands, the agent gave instriutions to lindt the number to be killed by the natives tbi- food up to Mav 1. 18!)!', to 1,233. The instructions of the Secretary of the Treasury to the agent, re- ceived by the steamer Conviu, wer<' that if in any way his previous in- structi(ms were inconsistent with tlie PnssidentAs pioclamation and tlu' agreement embiaced in it he should be governed by the lattei'. The ag<'nt reports that, alter careful consideration of the text of the agiee- meut, he decided that tlu' seals killed since June l."), thedate when that instrunu'Ut was signed, should be deducted from the 7,."t!lO named in article 2, thus leaving .'J.OL'O seals to be taken " for tiie sultsistence and (•are of the natives" from July 2, ISOl, to May 1, 1S02. lie says that, in his desire to carry out with absolute correctness the ino;lii.s riniidi, be ecnisidted the two I'nited States Connnissioners (Messrs. Meiidenhall and IMerriain), the comnmnders of the I'nited States vessels Moliiidsi, TliHis, and Coririii. the I'nited States special agent, and the sjK'cial inspect()r,and that they all ccuicurred in his interpretation of paragraph 2 of the agreement, that seals killed juior to June l.") did not form part of the 7,500 named in the wn>//»,sw/cr«y the report of Professor Mendenhall. The agent <'laims that his action is not only strictly in a(!('orie|iare meat lor future use, and only so nnu^h Is us«'d for food as is cut oti" for present use; so that the seals killed between June 10, when the season eoinmeneed, and .Inly 2, when the notice of tile mtnlus riiUHili was received, were not available tor the future subsistence (»t* the natives. As stat»'d, there only n'niained .■5,0lil) seals to be taken for their subsistence from .luly li, 1S<>1, to May 1, ISOii. The agent cites the fact thj^t from the close of the commercial killing s»'ason of 181M), on July L'O, ihere were killed by the natives for food up to De- cember 31, ISlKt, (J.L'IS seals, including .'{,408 ]>up seals, the further kill- ing of the latter being row in-ohibited. It was ])lain to the agent that, under the construction which he had ])laced ui)on the itinihis i'ii'rohibit seal- killing in Uehring Sea. The Uritish Ccuumissioners iidbrmed the agent that, as to the Uritish (lovernment, this period did not begin until a reasonable time after .lune lo (the date of signing) suthcient tor tlie naval vessels to reach the sea. The agent intorpreted the i)aragraph8 cited as mutually binding, and he could not assume that it would be claimed that their provisions were to take etfect on one date in the interest of the liritish sealei's and on another in the interest of the United States. 1 have thus taken i)ains to communicate to y(m in some detail the action of the agent of the United States on the subject complained of by the British I'ommissioners, and I hope what has l»een set torth will convince your (lovernment that there has been no disposition on the part of the agent to evade or violate the stipulations of the agreement of June l."i last. 1 have, etc., William F. Wuakton, Acting ISvcntary. ;iiiiii Mr. Wharton to ISir Julian raunce/ote. Dkpaktmknt of State, Wasliiiijitnn, October ]L\ IS!)]. Mv Drak Siu Julian: On July 2li last I wrote yim a note present- ing a prop()sal for the settlenu'nt of claims for damages which was to form a part of the proposed agreement of arbitration of certain nnitters al'- fecting the seal lisheries in IJehring Sea. On August 22 1 wrote letpu'st- iug you to be kind enough to iuform me when an answer to my note MODI'S VIVKNDI (»r 1H!M AM) AUHITKATION. snA iiiifi'lit lie «'\|»('ctiMl. ( )ii Auffiist L'l you wrote me acl\iio\vl(' to diaw y«)»U' attention a^aiu to the impiM'tanee of an early reply to his latest pro- posal. The jieriod fixed l)y the aj^'reenu'Ut for a moiliis rinntll expires May U next, 'i'lie time within which it is ho|»ed to obtain a fund settle- ment of the questions in disi)ute between the two (lOvernnuMits is fast ptiufi' by, and the President feels that, if any effective action is to be had in the matter before the next tishinji' season opens, all the terms of agreement of arbitration shoidd be disposed (►f inimediatt'ly. Very truly yours, William F. WiiAirroN, Ailing Scvniary. Sir Julian rauneefotc to Mr. Wharton. IJinrisii JiK(fATiox, Woshiniiton. (h-tolnr 1.1. isni. INIv Dear Mk. Wiiartox: On reeeii»t of your letter of yesterday, asking for a reply to your note of .July !,'.'» last, eontainiiig a tbrm of clause proposed by your Government to be inserted in the Uehring See Arbitration agreement to settle the long debate rosi)c<'t- in^ til)- new lurni ol' clause on tiiat sultjoct proposiMl in yoni' note as article 7. I leiiiet t(» infni 111 yoM fliat ller .^rajesly's r<-spectin;;' the liability of ^'overnni(>nts for the acts of their nationals or other persons sailiiiji: under their thi^' on the liiuh seas, for which there is no wairant in the law of nations. Thus it coiitains the followinj>' words: 'I'lic (in\criiiii('iit of tli(> I'liitt'il Slates liiiviii;^ presented on its own t»eliiilt', itn well lis of llie lessees uC llie )iri\ ile;ie of tnlni|ii'i:salion l>\ leason of t he kill in;; of seals in Itelirin^' Sea liv ]iei'so)is aetin;; under the |ii'otei'tion of the Iti'it Isli lla<;;, the Arliitratois shall considei and decide upon sueh elaiins. ele. Tlu'se words involve the pro])osition that Her INIajesty's (loverninent are liable to make {i«>od h»sses residtiiif>' fr' with the (iiiestion of compensation is therefore likely to thy nej-otiatijuis, uhich must retard indefinitely the decisi(»n of the main (juestions of law, on which the validity of the claims of either (l(tvernment entirely oth (l(»vernmeiits beinji' e(pially desirous to find a ]m)m]>t solution (tf the dilliculty which now ini])edes the conclusion of the Arbitration a,i;ieem.'nt, Lord Salisbury has authorized me to make the following lirojiosal: His lorart, if the two Governments should agree to do so. The above i»ro])osal presents so logical and practical an issue out of the dithculty that I can not but think that it will commend itself to the favorable consideration of the President, and 1 hope it will meet with his ac«'eptance, 1 have, etc., Julian Pauncefote. Mr. Wharton to Sir Jnlian rauncefote. Department of State, WitskiiijjtoH, Ovtohcr 22, 1S91. Sir : I have laid before the President your note of the 17th instant, and he directs me to express his regret that yonr Government has not seen tit to accept the modified form of the seventh clause which was proposed in my note of -Inly L*3 last. This moditicati•}■ ' 'I tln' iicts nC tli«'ir iKitioiiiils or otlirr ikmsoiih sailiiij;- iiimU'I tlicir llii.;;' on tlic liiffli seas, tor wliicli tliui«' is no waniuil in intt-rnational law." Tin- proposition was <>\|»i'»'ssl\ IVannMl so as to sulnnit to tin- Ai Ititrators tin' «|n<-stionot' the liability of carli (iovcrnniciit tor s|)c<-iti('c no niorr implies an ailniission of liahil ity on tli(^ part of one (lOM-rnnicnt than on the part of the other. It is prej'isely lieeanse the two ( i<»\ (Minneiits can intt ajLiree as to the<|Mestiou of liability that arbitration lieeonies neressary. The facts npon which the respective claims for compensation rest are li(»t- seiioiisly in dispute, to wit. the seiznre of vessels and the killinji' of seals in llehiin;'' Sea, and it wonid probably not retpiire the aid of arbi- trators foi' their a.sctM'tainnn'nt. I>ut it is the more itnjiortant and ditli cult «iiiestion (»f liability lespt'ctinji which the twit (iovernments tind it necessary to invoke the interpositi(Mi of impartial arbitration. It was not tlH> inte]ition of this (lovernment to retpiire of (ireat ISritain any sidnnssion of liability lor the acts complained of. Itut it has felt that, if the Arbitration was to r«'snlt in a fidl settlement ot' the dilVerences be tweon the two (iovernments, the ipn'stion of respective liability tor these acts should j;() to the Arbitrators for deitr;ilins l>y llir I iiilt'il St.'tti ,-, of claim.s f(ir ('i>iii|it'nstitiosition of tlu.^ (pu'stion of claims. ]>ut, haviiijn' failed in hi>. etforts by moditication and amendment to se- cure the acceptanc*' by your Go\ «'riiineiit of the clause for a full adjust- ment of these claims, and ii;'arlily participatiiifi in the desli'e e.\[»rei>sed ■43 F»*;1 ;i;;H Diri.oMATlr (OKKKSl'DMU'-NCr.. ill your note lor a pioiiiiit sdliitjon cil the tlitliniltN wliirli iiii|ictl*'s the nMicliisinii (if tlie Aibitnitidti, lie li:is tii(Mi;;li( it lifst to tcnniiiiilt' tiu* ilisciissioii by proposiii}; to yon tiic rollo\viii<;-, to ronstitiitc tlir lt'\( «)l claiiso 7 : Till' r('S|i"rlivr irovrrnilli-nts li;i\ iii^ Irtillitl liifliisclvrs iiliiililc to .liiicc ii|iiHi ;i icf- crriicf \vlii<'li .shall iiirliKlr tlitM{iii'sl inn (if I lilt' li;iliilit.v iil' I'lirli I'lii' iIk' iiijiii'ii-H al- Icui'tl III liaxr Ik'i'ii siiHlaiiii-il Itv tli<' nllii-riir liv its rjti/riiN, in loniiri'l inn with llic olamis prrsi'Mli'il anil mi;fil li\ it. ami. iM-ini; snlirilmis lliat iImn Milmriliiiai"- i|iiri- tion sliiiiilil lint intcri'ii|it nr loniirr ilrl.'ix the siiliniissidn ami iletriiiiinal inn nl I h<« main i|iirsliiin.s. iln aMiil to t hr .Vililtialnrs any i| nest inn nl' i'url in\ olvi'il in saiil claims anil ask Ini' .1 liniiiii<; thrii'tin, tliu i|nrstinii nl liir liaJiil- ity III lilhor (iiiMTiimml iipnii the lads Iniin*! In he tlii' Milijert- nf InilluT iiu<;\ linlli ( tnv<>ninii*nls sliniilil lir si^jiii'il iinw. anil alsnaii arlii Ir |irn\ nlini; I'nr the irliTiinc In ilir Afhiiia- tnrs nf any <|ii('sl inn nf tail which cit her ( niMTiiincnl ma \ ih'sii'c In siilniiil to thi'iii jTganliiiiV tilt' claiins I'nr fninpi'iisal inn In which it cnnsidcrs iImi'II' In he t'ntith'il. Tlh' a|i|ilicatinii nf internal iniia I \\\\\ In llinsi- lacts wnnlil III' Icll as a iiialtrl' tnr tji- f lire nt'ntil iaiinli ai'icr lhc\ shall haM' liccn asci-ilaiiicil. ami iiiii:iil In >iilisi'i|iiciilly ri'ffrrt'il to tlie arliitralnrs. in wlmh' nr in part, irilif twn '^inMi-iiiiiii'nls lunilil ay:icc to tin sn. Inyouniote un«'.st ion.s. yon advert to the distussions and inlinina! conrereiiees \vhi(!h lia\(' taken plaee on the snbiect tjf Ihe elanse tiealin;; with the (piestion ofdanniji'es. and y li;i\ (• biTii •.ii>l;iiii('(l 1>\ I lif dllicr Hll kIiimiI(I lint iiitt or l(tii iiiaiii (|ii('sl iiiiiK. (1(1 a;;ri'f llial cillicr inav .siilmiit to tlic Ailiiiratnrs any (|iicsli(in nl' fad involved in said clainis and ask lor a liiidiiii; tlicrcon. t lie (|ii('Htioii i<\' llu; lialiilit,\ of citlitT (toveniiiicnt upon the lads I'oiiiid to )>(■ the snliject of fiirllici' iicj^otiation. I iUii jilad to lie able to aiiiiotnice to yoii tliat \ liave rcceivctl by telc- }irai>li tilt' aiitlioiity of lioril Salislmry to iicct'itt the above clause <(ii lieliall of iler Majesty's (loveninieiit, and in d<»iny' so I bejo- to express my o'latilicatioii at this satislaettHy solution of the ditlieiilty wiiieli lias delayed the loiiehision ol' the arbitiutioii a;;ieeiiieiit. i hii\ e, etc., Julian Taunoefote. Sir Jii'loiui VaunwI'oU; to ^^r. Blaine. 1 Bkitusii Leg at ton, Wasliiiifitoii, Nontmher SJ, 1S!)1. Sir: T iiifbriiied the Mai'(|iiis ot' Salislmiy of oiir])i'o]iosal tosio-n the ti'Xt oftlie sexeii articles jo he iiiseited in the llehiin^ Sea Aibitiatioii a^i'eeiiieiit and ol tiie Joint Coniniission article, as settled in the diplo- matic jurisdiction (d" the I iiitcd Stal . s >liall I nave the snlijcd in siicli posit ion that tlic (•niiini rciicc of (•rcat Uniaiii is nci'c.>.sai',\ In the cstaldisliiiKMit id' rc;;iilat ions for the |n(i|ici protec- tion and the preseiv al ion (d' tlic fur seal in or lialiil nally resorl inn lotlic I'lciinv, tSea, the Arldt ralois Nliall then del ern line u liat concMireiit ic^inlal ions outside IIk^ Jurisdietioi'al liniits oftlie respectixc ud\cininciits are necessary, .'iiid over what waters such k un la I ions should c\ lend : and. to aid t hem in that detei niiliat ion. tlu^ report of llie Joint I'oiiiinission (o lie app(Mnlcil liy the icspcclixe ^iiv ( riinienls shall iie laid hel'orc I lieiii. with such oilier e\ ideiiec :is either ( loveriiineiit iiia\ snliinit. The contract iiii; powers fiirlhciniore aj;rec to (((("iperatc in seciirint; the adhesion of ot'.iei ;.owi r^' to Hlleli re<;'lllaliolis, fiOrd Salisbury desires to make the followino two reservati»'('ii aji'iTi'd upon for arliitratioii in tlic i inter ot the lleliiiiiu Sea negotiation. You eallet! latei and ((tiieclt'ii i he hin^iuajic wiiieh intro(liu-ed the ajireenu'nt. In I'aer. tiie two enpi.-^ framed were taiien entirely from your minutes. It was done with w '-w that you ami 1 shouhl sij^ii them, and thus authenrieate me poiiii> lor tiie Arbitrators to eonsi(h'r. Vou inlorm me now that Lord Saiislm'\ asks to make tw(» rest-rva- tioMS in the sixtli article. IJis lirst reservation is tlnit " the neeeasity of any rejiulation is left to the Arbitrator'- is well as t he nature of those re<;nIations if the necessity is in t Iwir ju. -inenr proved." What reason has Lt meeded the arbitiators wid not ma4;e them. The agreement lettvea tke jirbitrators free upon that point. The lirst lesei \ ati<»n, then'tore. luj** mo si>ecial meaniiifi'. The scctHid reser\ation wliich Lord Sjtli.4>ury makes is that "the regulations shall not lK'coinet»blij:ii.l(>ry oiiMii^at l>rilain and the I'nited States until they ha\i' been accept! d by rite other maritime powers." JJNM's Loid Salisbuiy an that tit*' liiiteo States and (ireat llritain siiall i-elVain from takin;^ seals nniil ''veiv lusiiritimt^ power Joins in the re;;ulatioiis .' Or does he nu-an tluit scalin;; s^hall be resunu'd the 1st of May ne\t and that we shall |irocr.^l as be«;„j. the Arbitration until the re;;ulation- have be«'n acce|>te/•/«(•/'/;>(/ nniritimi' powers. Fiance. Spain. I'ortn^ial. Italy. Austria. Turkey. Ivnssia. < i<'iimniy. SAveden. Holland. Uel^ium, are alt maiiiiim' po\ver> in the >tiisr tliat ;hey maintain a navy, yreat or small. In like luaunci- Urazil. the Aryenline Confederation, Chile, Peru, Me\i<'o. and Japan ar<' maritime powt-is. It vvould require a long time, three \ cars at h'ast. to lict t lie assent of all these powers. Mr. Ua.vard. ot the I'.Hh of Aiij^asi. iss;. uddri^ssed (ireat Ibitaiu. Cermaiiy, Fraiu-e. Iiussia. Sweden and Noiwa>. and Japan with a view t(» secui- iiig some icLiulaf ions in reuard to the seals in lierinn Sea. France, •lapan, jtid i.'nssia replied with lan;:nid inditfeience. (ireat livitain never replied in writing, (b'rmaiiy did not repl\ at all. Sweden and Norway -aid the matter was of no interest to them. Thus it will be again. Such a proposition will postpone the matter imlelinitely. The Presideni regards L(U(1 Salisbury's second leserviilion, therefore, aa a material change in tiie teriiiM of the arbitration agreed upiui by this (Joxeinmeni : and he iiisti nci ne to sa\ that he d(»es not leel will- ing to take it into eonsideratnm. e adheres to every point (»f agree- Hient whieii has been made betweei the two powers, acciu'ding to the t*'xt which vtm biinislM'd. lie will ^-gret if Lord Salisbury shall insist on a siibstantiall.x new agreement. He sees no objection to submitting the agreeieeiit to the priiieioal nunfitime powers Ibr tln'ir assent. but he ran not .igi*-*' that (Ireat Mritaiii iwiwd i.lio I'nited States shall make tludr aKiiju^iiM^ni tlcpemb-nt on (he ;iI.AlNE. / MOI)i:s VIVKNIH or \xm and AliM'.ITUATlOX. iSir Julian L'mtiurJ'oif to Mr. liliiiiii: 311 Bkitish I.koation, Wasliiiijltoii, Ihciitihrr /, IS!)1. Riu: T i'oininniiicafod by t«'loI;ir(|nis of Siilisbiiry the siil»s(;iii('(' ol \niir i!ot<' of the I'Ttli ultimo, i('S|M'('tiiiji the t'.vo rt'Si'iva- floiis w liich llrr .Miijesty's (Joxcrmiiciit d(!sii(' to iiiiikr in ichitioii to tlic sixth cliiust' ol" the proposed rieliiiiiji' Sea Arbitration a<>ieenient, as stated in my note of the L'.'ld ultimo, and 1 have now tiic honor to in- form you that I have re<'eiv«'il a reply from his lordship tu the follow inj;' etfect : As rej^aids the tiist reservation Lord Salisbuiy observes that the Htiiti'inent contained in your mttcthat the clause h'avcs the Arbitrators free to deeiih' whether rejiulatioiis are needed or not, assures the same en«l as the projtosed reser\ation, which therefore becomes unneet'ssary and may be put aside. With respect to the second reservation, his lorehrin;^ Sea from lieinj; l)laeed at the mercy of stune third power. There is nothin;^ to prevent such third power (IJnssia, for instance, as the most neijihboiiug nation), if nni>led;>('d. from stepi>in<; in and securing tiie lisiiery at the \ery seas(»ns and in tlie very places which may be i-losed to the sealers of (.Jreat JSritain and the Idited Slates by the re;iuIations. (Ireat circnmsixM'tion is called foi' in this directicm, as llritish and American sealers mi^ht recov«'r their freedom and evade all rejiulations by simply hoistin;^' tlie tla.i; of a noiiadherin;; power. How is this dilliculty to be met .' Lord Salisbury sujij^csts that if, after the lapse of one year fnan the date of the decree of rc;;nlations, it shall apjtoar to either (lovernmt'Ut that serious injury is occasioned to the lishery fnun the causes above mentioned, the (Jovernment coin- ]daining' may fiive notice of the suspension of the rej^nlations durin;^' the ensuing:- year, and in such case tin; regulations shall be susp«'nd«'d until arrangements are made to renu-dy the complaint. Lord Salisbury further })roposes that, in t-ase of any dispute arising between the two (b»vernments as to the gravity of the injury caused to the fishery oi' as to any other fact, the ([uestion in controv«'rsy shall be referred for decision to a IJritish and an American admiral, wlio, if they should be unable to agree, uniy sidect an umpire. Lord Salisbury desires me to ascertain whether some provision of the above nature would not meet the views of your (lovernment. i have, etc., Julian I'auncki'utk. i '■fM ■■ m ::(: Mr. lUainc to Sir Jiilian I'liininfofc. DmI'AIM'MI.NT nl- StATR. Wiisliiuiiloii, IhciDilnr ..'. tSfU. Srn : T have attentively read youi' note of the Isi instant and sid) nnttcil it t(» the I'resident. The ['resident is unable to see the dangei- which Lord Salisbury apprehends of ;r third nation engaging in t.dong seals regartlless of the agreement l>et\\een (ireat lb itain and the I nited Slate.-i. The dispute between the two nations has uow been in progress 342 Dip;.(>ArAri<' roHRKsroNUKxcE. lor iiinrc tliiin live yea is. Dmiiiji all tliat time, wliilc (licat Hritaiii was nmintaiiiinji- that the IMiriiiji' Sea was oix'ii to all coiihts, at any tinu". as of right, not aiioth*". lOiiropeaii iiati«»ii has eiij;aj:«Ml in scaling;. A (icrinan v».ssj'l oncj' made its appoarancr in IW'rinj; Sea, but did not r«ttini, bi'iuj;- satislit'd, I suppose, that at tin* <;ieat disfanc*' they hav«' to sail, the (icinians coidd n(»t successfnlly onjiaj;*' in scaling. Russia, whose intcrfcitMHc I-oid Salislmry st'cnis to specially apjtrc- liend, will not dissent from tho agreement, because such dissent wttnld put to 1ia/aral powers of Kuroju', advising them in full of what has been done and conlidently asking their approval. He does n(»t believe that, with fidl explaimtiop, any attempt will be made to disturb the agree- ment. If, contrary to his (ifiu belief, the agreement shall be disturbed by the interference oi a third power, (Ireat Uritain ami the United States (-an act con.joiiitly, and they can then far betti^r agree upon what measure may be ne<'essary to prev«'nt the destruction of the seals than they can at this time. The President hopes t!iat the arbitration between Great I'.ritniu jind the United States will be allowed to proceed on the agr-.-i'iMcnt regu- larly and piomjitly. It is of great conserpu'uce to bsih nations that the dispute be ended, and that n<> delay be cau'W-d by introducing ne elements into the agreement to wliicii consent. 1 have, etc til nations Innc given their Jamks (1. Ulainic Sir Jitliaii I'tiiiHvcfofc to Mr. lilohio. ISKII'ISII lii;(iATI(tX, W<(Nhin.) Sir: The Maiquis of Salisbury, to whom I telegraphed the contents of your letter of the L'd instant on the subje(tt of the sixth article of tin- proposed liering S«'a Arbitration agreement, is under the im]>ression that the President has not rightly understood his lordship's apprehen- sion with reference to the regulations to be may engage in tin', fur-seal lishery in violal'on of the I'-gidations. Such refusal is highly ])robable in view of the Jealousy which exists as to the right of sear<'h on the high seas, and the consecpuMice nnist inevitably b«' that during the close season sealing will go on under other Hags. It can not be the intenticni of the two (lOveiinnents, in signing the proposed agreement, to arrive at siuh a result. 1 do iu)t uuileistand you to dispute thatshoidd siu'h a stateof things arise the agreeme.it nnist collapse, as the two (i(»veinments coidd n<»t beexp(M-ted to enforce "" miles, and they would liave to make the voya^ic with a larger ."hip than can be pioMtaltly employed in sealin}^. They wonid have to start from home the winter piecedinji' the s<'alinj;' season and risk an niiiisiially ha/,ar lishiiiji' j-ronnds they have no territory to which they conid resort for any piirp<»se. Third. If we wait niitil we f-et France to ajiiiee that hei- ships .shall be searched by Ameriean or Ibitish cruisers we will wait until the last seal is tak<'n in Behriii^- Sen. Thus much for I'raiice and (lermany. Other I'Jiropean countries have the same disabilities, ifussia, cited by Lord Salisbury as likely to embarrass the I'liited States and Fn^iland by interference, I should rejjard as an ally and not an enemy. Nor is it probable that any Amer- iean c<>untry will loan its lla;^ to vessels eiijiajicd in violating' the Itehrin^' Sea rejiulatioiis. To slo|) the arl>itrati(Ui a whole month on a <|Uestioii of this chai'^e- ter promises ill lor its success. Some (»ther less important <|U<'stioii even than this, if it can be found, may pr(»bably lie started. The elVect can only be to exhaust tlie time allotted for arl)itiatioii. We must act mntnaliy on what is pmbalde, not on what is remotely possible. The President su}i;;ests ajuain that tlw projier mode of proceedin<>- is for jc^iulations to be ajiiced u|m)ii between the Fnited States antl (Ireat ISritain ami tlien snitmitted to the inincipal maritime powers. That is an intellijicnt ami intellijiible process. 'J'o stop now to consider tlui regulations for outside nations is to indcrinilely postpone the whole (piestion. The t'resideiit, thtrefor*'. adheres to his ground lirst an- nounced that we must ha\e the Arliitratioii as already a;;reed to. lie; sii}i';'<'sts to liord Salisbury that any other process inijiht make the Ar- bitration impracticable within the time si>ecilied. 1 have, etc., James G. Ulaine. : T'\ 344 1 >I l'l.( )M ATM • ( '( )I{K i;sl'( »N I >i;\CE. Sir Julian PaiiHccfotc to Mr. Illtdne. BRIThSlI liEGATION, WasliiiiiftdH, Ihvnnhvr I J, ISf)]. Sir: T liavo flic honor to iiifonn yon tliii^ 1 ti'h'.u'Jiplit'd to tlio Mar- quis ol" Sjilisl)iiry the siil>staii('r of your note of yesterday rcspt'ctiiiy: the sixtliartH'leofthe proposed IW'hriiiy Sea Arbitration a^ireeiiieiit, and that I have reeeiv«'d a reply from ids loi'dslii|) to the f(»llo\viiij;' eiVeet: In view of the strony o|)iiiion of tlie Pr«'sident, reiterated in your note of yesterday, that tliedan;;er apprehended l>y I-ord Salisbury, and ex- plained in my note of the iStli instant, is too remote to justify the delay which mijflit be incurred by •^iiardin^ against it now, his lordship will yield to tlie IMesidcnt's appeal and not press for further discussion at this stage. Her Majesty's Goxi'rnim'iit of «'onise retain the right of raising the point when the questi<»n of framing the regulations comes before the Arbitrators, and it is understood that the latt«'r will have full discreti(Mi in tli«^ matter, and mayatlach such coiulitions to the regulations as tlu'y may u ;>r/o;'/ Judge to Im' necessary and Just to the two powers, in view of the i>ii licrctoliDir. to sj;;ii tlir articles of :i;;i'cfiii«'nt willioiit any r*'sci'\ati<)ii wliatcvci, and tor that pmiHrsc I shall 1m' ^lail to huNc yon rail at the State J)i'iiartin»'nt on Wediu-sday the Kith instant, at 1 1 o'eloek a. \n. I have, iiU:, James (1. IIlaink. Sif Jitlitdi I'uuncr/ote to .1/r. Blnluc. 15KMTISII IiK(iA'l'ION, Wa.sliiii(ft, IS'JJ, Sir: T have the lionor to aekiiowled^c the I'eeeipt oC yonr note of yesti'i'day's date in reply to mine of the lltli instant, respeetinji the si};natnie of the seven ai tieh's of the proposed ISehrin;; S«'a Aihitratioii a;;i'e«'nient therein referred to. I will tiansndt a eopy of that reply to the .Maiquis of Salishmy hy to-day's mail, itnt 1 l)e<; to state that, pendin-;' his lordship's fiiither iii- stiiietions, it is not in my powei' to proceed to tin- siyiiatnre ctf the arti- cles in «|nestio!is as proposed at the close of your note. 1 liave, etc., Julian rAUNCKi'uTE. m Sir Julian I'diimrfotc to Mr. lildine. HrITISH Ll'.CiATIOX, WasliiiH/toii, Ihrniihtr 17. ISf)]. Sir: T have the honor to inform yun that I «'onveyed to the Manpiis of Salislairy hy tolejiram the substance of your noteof the llth instant respectinji' tin- sixth article of the pioposed I'.ehrin;: Sea Arhitration a^jreement. and that I have received a reply from his loi'dship in tbo follow inj^' sense: (jord Salisbury is afiaid that, owinji' to thedilheidties incident to tele- ;>°raphie ( (unmunieations. Uv lias been imperfectly undeistood by the President, lie consented, at the President's recpiest. to defer for the ])resent all fuither discussion as to what course the two (iovernnu'iits shoidd follow ill the event of tiie I'cuulations prescrilied by the Arltitra- tors bein^' evaded by a chan;;*' of llau. It was necessary that in doiiiy so he should j;uard himself aj;a in .t the supposition that by such consent he had narrowed the ri;>lits of the c(Miteiidiny parties or of the Arbitra- tors under tlu' ajireeiiu'iit. r>ut in the communication which was embodied in my note of the lltli instant, his hudsliip made no reservation, as the I'resideiit seems to thinU, nor was any such wory tlu- other side, and no such assent was asked for. Lord Salislmry entirely a;;rees with the TresicU'iit in his objection to any point beiiijn submitted to tlu' Arbitrat(us which is not embraced in the a^ieement: and, in conclusion, his lordship author- izes me to sijiii the articles (»f tin.' Arbitration a;;;reeiiu'nt, as proposed at the close of your note under re])ly, whenever you nniy be willing to do so. I have, etc. Julian PAUNtEroTE f;;i '-'1 M u 34G DIl'I-OMATIC ('(tKin>10M»K.\{.M': Sir Julian VKunvtfoic to Mr. /Uainc. IMJI'I'ISII lilUJATION, Washington.; />. <'., Ihvcuilnr.io, JSf)f. (I{('<'0iv«'(l l)»H*eilllltM' ."»().) DkaR Mk. T?T-A1NK: Oh tlie 22(1 iiistaiil 1 tclcfjiiipluMl, iis yoiMlr sired, to Loid SiilislHir.v,.v»»ursuj'j>esti«>iis tliiit llio iiiiiiilK'rol'Aihitrators on (lie Jioliiiiij; Sea tribunal slKnihi be rediu-cil IVom sevi'ii to live Ity liiuitiii^' tiie n'prest'ntaflfcm of oui' respet-iive (lovt'riiiiH'iits t<» one eacli, in view ol'tlu" afiin'Uieiit tlnit lliere should be three tbrei<;n Arbitrators besides those a|>|)ointed by (ireat IliltuJii anlanii(irif HI, lSf)S. Dear Mr. Blaine: I have Just received a teleyram to theetlect that Sir (I. Baden-Powell leaves Liverpool this da.\ by the Etnirihtliait I'aiotcrfof' to ,Ur. filaine. Mritisii Leoation, \Vti.sliiu(itoii, Jdninirt/ :{(), lf^92. Sir: All tlio ^om\ enon<;h to iiilbrni ine whether you are prepared to proceed at out-e to the prepaiation and sifjnature of the loiinal Arl»itiation convention and oftlie .loint (Joinnnssion a;;reenient, in accordance with the text of the articles to be inserteer hist. 1 have, etc., Julian Paunoefotb. Mr. Jilnine to Sir Julian Pauncc/ote. Di.VAUTMKSr OF STATE, Witsliiiijffim, Fchruanj /, 11^02. Si If: T have the honor to acknowled;;e the rt'ceipt of your note of the .'ioth idtinio, in wliich you refer f<» the settlement which has been reached in completion «»f Ihe details of the Heliiin;;' Sea Aibitration, and impure whether 1 am prepar<'d to prtx-eed at once to the pieparation and sijj;- iiatureof the formal Arbitration convention and of tli«' .loint Com mission a;;reemeiil. in accordance with the text of Ihe articles to bo inserted theiein which was si^iiicd by us on the ISth December lasl. In rcj)ly I have the pleasure to hand yon a <'opy of the text (»f the Arhitratiou convention, iuclndin;;' the text of the .loint Conimissioii ajifreement, as a.nree|K»iiitimMif ((("('oin- iiijssi(»ii(>rs nil the piii't of till- lii'jtisli (iovcriiinciit, tlir ('(>iiiiiiissioii<>rs i>n the pint of tlu' I'nittMl Statos will liolil tlit'insi-lvt's rt'iidy to coiifn- iiifoniiiilly with their iWitisli collcii^iics at such tiiiii> as may suit their uouveiiieiice. uouveiiieiice 1 have, ete., Jamks G. Blaine. Sir Jvlitiu I'mmcvfoiv to Mr. Illaine. HiuTisii Legation, W'tishhiiitou, Ffhriiarj/ 11, !>'!)?. Sll?: 1 liave the hoiuu- toackuowled^ic the receipt of your uote dated February 4 (but only delivered yesterday evenin^i), iu which you iiitbrni v.\G that tlie l*i'esi(h'iit has appointed Mr. Meudeuliall and Mr. Merriaiii <'oiiiniissioners on the part of the (loveiiiiiieiit of tiie United States on the .loiiit ('oininission ther<>iii refeired to. ^ Sir (leorfic IJaden Powell and I'rofcssor Dawson, whom I had the lionor to present to you on the 1st instant, have been duly ap|)ointed ('ommiswioners on tln^ |>art of Her Majesty's (Jovernnient, and, as I liave alread.N stated to you verbally, they sire fiiiiiished with their cre- dentials in due form. On the l.'ith ultimo, at your rei|Uest. 1 communicated to tlu^ Manpiis of Salisbury, by tek'j;rapli, your di'sirc that the llritish ( 'onniiissioners .should proceed at (Uiceto \Vasliiii<;ton. .\ccordinjnly Sir (leor^ie lladeii- Powell left l^njiland for thai purpose by the lirst steamer, and arrived here with I)i'. Dawson (»ii the ist of the month. They have bci'u wait- Hiji' evei- since to be placed in communication witli the I'liited State.s C'ommissi(»ners, and I trust that arran<>'emeiits will bo made for the nu'etinj*" of the (Commission on Monday next for the purpose iiidi«*ated in the last paraj;ra|»h o( your note under reply, althou;>h the IJritisli (.'ommissioners came prepared not for an informal ccmference, but to proceed oUicially to business. 1 Lave, etc., Julian Pauncefotb. Mr. lilame to Sir Julian Painirc/ote. Department of State, Waslunfitoii, February fl, 1892. SiE: I am in receipt of your note of this date, in which y(Ui }j;ive me the otlicial notiiication of the appointment of Sir (leorge IJa^len-i'owell and Professor Dawson as Commissioners on the part of the British (ioverniiH'nt on the .loiiit Commission created in view of the jjroposed fur si'al Arbitration. In acknowledjiinji- your note, 1 deem it important to direct your atten- tion to the fact that tin' (lovernnient of the United States, in nominat inj; the Commissioners on its part, selected pentlenuMi who were es])e- eially fitted by their scientilic attainnuMits, and who were in nowise dis(pmliti«Ml for an im)>artial i n vest i •nation and determination of the questions to be submitted to tlu'in by a public de«'larati(m of opinion previous or subseipient t(» their selection. Ft is to be regretted that a similar course does not seem to liav«' been a VIVKNDI or l^Dl AMI AlilSllKATION. 349 under (liifc nf Miirrli !>, |S!»(> (inclnsiirr I), tliiit one of the liciitli'iniii sclt'rtcd by your niiiH'iit to iict as a ( 'oiiiinissioiicr on its |»art lian iiilly coiiiiiiittcil liiiMscIt' in a on all tlio (|Ut'stions which arctolu' siilMnittcd to hiiM lor in\ (■s|i;^ation and derision. I am t'lirtiier inlornied that the other •>'entleniaii named in your not(^ had i>n'viou.s to his selection made public his views on tlie subject, ami tliat very leccntly he hasanncuiiiced in an address to his Parliamentary constiliu'uts that the result of the invi'st ijialion of this ( 'ommission and of the |)ro|)os(>d Arbitration woidd be in favor of his (iovernnicnt. I trust, howexi-r. that tlics(> circuin>taiu',es will not iin|)air thccandid and impartial invcstijfation and determination which was rhc object had in \ iew in the creation of the vyommission, ami that the result of its labors may ;;reatly promote an »'(piitable and mutually satisfactory ad- justment of the osed wc should l»cfore this date have sij^ned the Arbitration convention, and tlius have enalded the ("ommissioneis to pi'oeeed olliciallv to a discliarf'-e (»f their duties. F'.uf as it beeanu' nee essary to await theap|iroval of the draft of tliat instrument, which you have forwarded to Tj(Uidon. I ha\(> iiitci posed no oltjection to |>reliudnary eonferences of t iu' (Jommissioneis. anticipating the signature of the ctm- vontion within a very brief period. 1 have, etc., JAMKS (i. I'.LAIN'E. Sit' Julian rauncej'ote to Mr. Itlaine. JJinnsii LK(iATi<)N, Wash i Ill/toil. I'chrnitry s, ls;>x>. SlU: T have the honor to aidcnowled^^e the receipt of your note oi' the (ith instant, in u iiicli you observe upon the selection nnnle by oui' respective (lovernments of the mendiers of tlu'.Foint Connnissioii which is about to 8"' it Washington for the purpose of investi^atin;^ and ic jMUtinj; ui»on the fact-. ha\ in;;' relation to seal life in liuhrin;;' Sea with a view to the proposed Arbitration. The second parayiaph of your note contains the followinj^ i>assa}:te: I (Ici'iii it iiiipni taut to dirt'ct yiiiir Mlti'iitioii tit the fact that tin- 4M>vcniiiii'iit dC tlif I'liitiMl Stal<-s, in iiuiiiinatiii^ llir ('((iiiniis.sitiiicrs on its ])art, .st^irrti-d ;>;ciitlt'ni*'n wliii wrrc csiiiiiaily lit led l)y llicir srimlilic atlainnicnls and wlm witi- in now isi- disi|nalili('d i'or an ini|iai'tial hiM'st i;;at ion or dt'tciniinalion of tin- iincslions to li<- sniiinitird to lln-ni. Iiy a pnMii' d(-rlarat ion of o|ijnion pi'rvions or siil>st'i|ii<'nt lo tli<-ir Hclci'tion. It is to lie r<-;;'i'«>l tfd tliat a similar iMiiirse docs not Hccni to liavr Imtii ai!o|ii('d l),v tlu' Iti'itif^li (io\ iriiincnt. While I have much pleasure in conoratulatinj;' your (lovernment (Ui havin*;' secured on their side the services of two su«di distin^^uishcd .licutlemen as I'rof. Mendcniiall and Dr, Ab-rriam. I must express iii.\ surprise and reorct tliaf you should have tiiouoht lit to refer in terms of disi»araoeiiiciit to the choice made by Her .Majesty's (tovernnM-nf. The lirilish CiHiimissioners. Siidcorye liadeii rowcll and l>r. I>aw- %t n' (I 350 DII'LUMATIC COUir.SI'nN.iilNCE. sitii. iiro !jf('iitl<'!ni'ii wIuhc scii iitific Mtliiiiimciits iintl spcciii! t|iia]in<'ii- titiiis lor tlu' tliilics iiil lusU'd t(» t linn arc loo wt^ll known to i't'«|nirc nn.v \iniliration on my p.irt. lint yon complain of the tact tliat Dr. Dawson in ISiH» wiolc a paper on tlic jaolcction of tlic I'nr seal in the North l*a«'ilic in which he committed hinisell' to^-crtain views. This shows that he has made this snhject his special study, ami it appears to inethat he is all the more tpialilicd on that account to take part in the laltors of the .loint Commission, which, I l>c;>' leave to point out, is not a board of arbitration, but one of investi;;ation. Dr. Dawson's note on the fur seal to which you refer, was un'rely based upon sn(di published material as was at thetime availahic, and I lisive his authority foi' statiu}"' that he does not feel himself in any way bound to the opinions expressed from the study of that material, in the li^ht of subsequent personal investigation on the ground. You likcwisecomplaiu that Sir (leor;>«' IJadeu Powell had, previ(uisly to his selection as Commissioner, made public his views on the subject, aixl also that he is reported to have stated in an address to liis parlia- inentry constituents that the result of the Investijiation of the .b»int l*ommission and of the proposed Arbitration would be in favor of his ua;:(' im])uted to him on the occasion of an addiess whicli he recently delivered to his coiistitu<'nts in ited for ascertain inj;' what measui'es may be ne<'essary tor the protection of the tur-seal species is substan- tially the same as that which I had the hiuutr t,; jfroposc to you «>n be- half of Iler Majt'sty's GovernnH'ut lU'aily t\\i> years ajjfo in the tbrm of a draft convention, inclosed in my note of A]nil I'll, is'jo. 1 rejoice that the prop«Ksal 1 then made is now to be carried out, and 1 cordially unite in the hope e\)»ressed in your note under rcjdy that the residt of the labors of the Joint Commissitm will promote an equi- table and mutually satisfactory adjustment of the tiucsticms at issue. 1 have, etc., JULIAN I'AUNCEFOTE. MoDITS ViVKMH OF IH!»2. 351 CORRESPONDENCE RELATIVE TO THE MODUS VIVENDI OF 1892. Mr. Jtlainc to Sir 'lidiiin I'liiinrr/otv. Dki'm.'tmknt of Statf, ]V»i.sliintflnti, FilniKirii !>, is!);'. SiK: I liavc IxM'ii iiirMiiiKMl Ity tin* Aiiicririiii sf;il ( 'oiiiiiiissioiin's tliiit ill :iii iiilMniial iiiccliii;; w itii tlicir ISritisli ntllrii^iK-soii ycstcrtliiy tlic liif l«'i' ('\|»r«'ssc(l ill! uii\villiii;iii<'ss to t'litcr upon cniircroiMrs of niiy ollici' tliiiii an oniciiil rliai-iu-tcr, anil tlicy tlicrrloie |n'opos«>ii- joint ronlVrciHM's he iMf-tpunciI until alter tlic Aihitration convention sliall liave been si<>iM'(l. I In-;; to slate to yon that the (lovernnient of tlie I'nited States is veiy anxious to expedite as ninrii as possiltie liie eonsitieration of tlie important tpiestions snitnn'tteil to theConiniissiontMs. ami in \ iew of the faet that it i'e;;'ai'ils tlie Arlwtiation eoiivention as sniistanlially a^ieeil upon, the American rommissioneis iiave iteen instinrteii to nmke known to tin* liritisli (Jommissioneis their readiness to formally arrange th<^ Joint eonfereiM'e and proceed withont further delay to the discinu j^o of tluMluties assijiued to them. 1 have, etc., James (1. Hlaine. Sir Julian VauHvcJ'otv to Mr. lUaine. liinilSlI liKOATION, Woshiiijitim, Frinitari/ II, tS!H\ Sir: I had the honor to receive yesterday your note of the {Mh in- stant, in which ycni state that yreparatory chaiacter could lie ;iot tlirou;;li at once. The nu'etiiij; was informal, according; to the -onditions laid down in the last para;;raph in your not*' to me of the ttli instant, and it was arran^ied by tln' four ('oinmission<'rs to hold a second pieliminary confeicnce this day at the State Department at •> o" ;il\v;i\s iiiii on s«'iil lixitric- ul :in ciiilv lijilc Wiisflijil lln-yconM pntviili' m ihdhhs mi nili lUn[ wnnld In* >nl1itM'nl, wliilr tlir Ailnlinlinn .slmulil ;^i* ou w iili piciit.v ••! linit' in mnsidn ilir Viiriuiis ixiitits. 5 \v;is sill piist'd to ln';ii- tli.il yoiii' ("ominissifWMTs ycstordiiy docliiH'd to ilisiwss \Uv iiiiiilits rirnnli. tt\] \\tf .\l\v^A\in\\ lliiii llial Wiis ;i snl>j<'<'l rrst-rvt'd lor you and iiu . Tins jmiIs an entirely new |ii«iia.s<> upon the work of till' roinmissioii and laijit'i\ diininisheN iisNainie. Will yon have the iidodness lo ad\ ise ine «! tlu' pieeise srM|te ot the work whieh yon assi;;iied to your ( 'oinniiKsionersf Very truly, yours, .Iamks G. Blaine. Sir Jiilitiii I'miiicr/otf /»» Mr. tlUfiiiH: I'.ian.iii iii:(;Ai'T()N, Wtixhiiiiilini. I h'thridni/, IsftJ. Dkak Mil. lU-AINl'',: In reply Ic \(Hir letter ol \.-MMda,\ . I Itey tostate tinit in ni,\ opiniiui the British Couiniissionei < aiv i'i;ttit in hohliii;; that they have no power under their present iiiandal*- li diseus> tin' ('eiiil>er lane lor the two < ii-~»ion: i«irt it ean hardly We ronir.«nided tliur the < oiMMiissioners can |r 'v •'*'*» \vit\\ siieli a tpiestion wirhonl special anth"" iiy from tli*-ir I , iv«- t«»v ••fiimenls. 1 •^•minniM<-:ii*'d in Lord Salisliii!". tlie |U'oposal yon ituide to hk ' 'hi j:| instant that nini two (Inv ernment^ sinuild a;zi— t- >1 1 am awailiikg uis lordship's rcpl.. 1 aaaaik. •'!• .It 1,1 AN r^aiSC'EFdTIL. Sir - iditnt I'an-xi ioTi' in Mr. Hhiiiir. HUITISH liKy of the (Iratl nl the proposed lielirin^ Sea Arl>.tratinu eon\ entiiui. I have the honor to iiiiorin you that. as previously arranji<'d between us, 1 trans- uiitted ;i copy of the 4!riift by the mail oi the (ith instant to the Marquis Moms vi\i;nim hi- ixwj. V}3 Oi) ot'SiilislHin I'lii' i!i«- :i|i|M'i)\ ill of llcr Maicsly's ( ioNt'itiinciit, iiiid lli:it I aiii iiwaitiii^ Ins loidsliip's iiisiriictiniis Iti-jorc protMrdlii^ rintlicr in the iiiattt-r. I liave, titc-., Julian l*AUiS('KFOTE. iSir Jiilitiit Ptr to Mr. Illainv. IJi.'i . isii I,i;(iA rt(»x, }y(i.sliliHiloii. riliniitrii /'/, /v/;'. ( IJccrivcd l''('l»iiiar.v L'O.) SiK: On llic occasion ul' uiic intcix icw on tlic'Jd inslani, when you iianiU'd nic thcdiat'l of (lie Mclii'in<^ Sea Ailalration convention, \vlii<'li I lorwardcd to Lomlon lor the consideration of llcr Majesty's (iovein- iiieiit. .\ oil asked me wlietln'r they were |Mc|iared to a^ree to a •' ihihIus rin-iiili" for the next lishery si'ason in ilclirinj^ Sea. In transniiltin;; the draft of the Arhitration eonv»'ntion to the Martpiis of Salishniy I did not fail to infoiiii him of yoni' in<|(iiry, and I lia\c now recei\<>d a reply trom his lordship to t !i ■ ('tlecJ that ller .Majesty's ( oncrnment can not express any opinion on the subject until they know what "■motlii.s ririntii"' yon desiie to pro|»ose. i Lave, etc., Julian J*aun(Jefote. Mr. lihdiic to Sir Jiilitiii Pmtmnfotc. Dki'aktmknt <)!• State, I \ 'ash ill 11 to II , Fchriui rif ;.' /, js^2. SiK: I am in recei|»t of youi- favoi' of the l!)tli. V(»n therein inform nu- that liord Salishury can not express any opinion on the suhject of the niotliis rirniili until he kn(tws what we desire to propose. I am ^lad to lieai' that Lord Salishury coMtemplates a nioiliis; for it is ol)\ i(»us that it is im|Missil)lc t(t eoncluile the Arhitrati(m within tlu^ tiim- originally set. Indeed, we shall hardly he able to entei upon it. The delays ha\e lieen much "greater on the part of (Ireat liiitain tlian on the part otthe Tinted States. In reply to youi' inipiiry thc^ President suj^j-'ests that the niinlns slioi'hl l»e much the same as last veai' in terms, but that it slionid be lietter executed. It was very inetlective last yt-ai. for there were u laifjer nnmlx'r of seals in IJelirin;;" Sea taken then than «'ver betbre. The vessels had already set out lielbre tin- niniliis was aj.creed upon, and it, was impossible to jiixc them notice in time to avoid their takin;; seals, ller Majesty's (ioverinuent did not take such eflicient nu'asures as an earlier date this year will rendei- practicalde. If llei' Majesty's (btvernment wouM make her elVorts nmst eth-ctive, the sealinji in the North I'acitic Ocean should be tbibidden. for there the slau^htei- of the mothers heavy with youn;; is tlie ;;i('atest. This would lequire a notice to the larye innnln-rctf sealers which are prepar- ing to ;;o forth from IJritish Cohnidiia. The nund»er is said t(» be j^reater than evei' belbre, and without any law to re;;ulate the killin;; ol seals the destru«'tion will be innnense. All this suy^iests the ;;rt'at need of an elleetive /»o^/»,s. Iloldiii;; an ari»it lation in repaid to the rij^htful mode o|' taking seals while their ilcst ruction goes Ibrward 45 .i. / %\ 354 J)II'L().MAT1( CoRKKSI'ONDKNt'K. would 1»(' ;is il', wliilf an ;irliiliiiliiiif to tlic (itic (»!' tiiiiltci' !im«! were in l(n>;;rcss. (Hie |(ail,\ sliuilid it'liiovr :ili llu' tires. I sliail liiivc to ask von to transiiiit the contciits of I his note to l.oni Saiishiiry li.\ t»'Ic<;i ipli. ICxciy day that is l(»st now nitails unat tioiildc ii|H»ii lioth (ioveiiiiiuMitf^. 1 liave, etc., JAMKS (i Itl.AlNE. Mr. Bhiiiir to Sir .liiliiht I'oinirr/ntc, DKrAIMMIsN r <'i SlATi:, WfisliiHiltiHi. I'i In iiitrjl L'li, /W^'. Mv DkAK Siif.Ill-lAiV: Ml. Myns. ourroiisiil at \ ictoria, t«'lej«ni|ih8 to day tiiat thcic an' — Flirty -Mix Hiiiliiij; Nfiiiinni'is iliMrtd in iliilo, Six ihmmii imiri- In k"- At llu- m;iiiu» iliiti' IiinI ,vi':ii' tliirty-DiKi rlcitii'il. I tliiiik iVoiii this you will see that if we do not coiiii' to an tiiidt't standinji soon tlirn- will Ik- no need nl an a^mrciiitnt iclatin;^ to seals ill the North I'aeitic oi in the Uchrin;: Sea. I will be j;lad il' yon will let Lord Salislnny know this laet. Very truly, yours, James (J. Blaine. Mr. Blaine to Sir 'liilian Pauneifote. Dki'aic'i mi;ni (M' Siaik, Wn-shnnitnii. Frlnunrfi .'7, IS!)2. SiK: I have the honor t<» state that it' yon uill lia\e the kindness to eall at this hepartnieiit on .Monday inorniii^ next, the LMMh instant, at 1 1 o'ehtek, I shall l»e prepared to si;;!! with yon the treaty I't!! the ailtilra- tion III' the Ueiiriii;; Sea ipiestion which has heeii ayiced npon itetwceii the (lovei'iinient of the L'nitecl States and that of llei' liritaniiie Majesty. 1 hav«'. ete., James CJ. J^laine. Sir JiiJiiin Paunrc/otr to .ir>\ Blaine. liHri'isii Legation, ir\' t\\{- inoiliis rirrndi in IJehrin;; Sea. and in accord- ance with the wish tliei'ein ex|»r«'ssed. 1 ti'lejfiaphed its contents to the Maicpiis of Salislniry. In that n<»te, after oliserviuj; that it is iinpossi- Ide to conclnde the ari)itration within the time ori;L:inally set. ami that the (lelays have Im'cii much ;;reat<*r on the part of (ireat Mritain than on the part of therniled States, you proceed to inform me that, in the view ol the President, the new iiioihis riniiili should be inncli the same as that of last year, in l«-rnis; that, owin;; to the earlier date this year, it euuld be more elleetively executed; but that, "if Iler Majesty's MODIS VIVENDI ()K 1892. 35;') rt(»v«'riiiii''nt woiiM n\:\\n\ tlicir clVurts most etlcctivo. the scalin;; in tlui Nmtli i'acilir ()iiitii!;i «»iit "tlic <;i('it( need oliiii cH'rctive iihmIus," v(ni sfat«* that " litililiiii; an ailtitratiitn in rc^^anl to tlic ri>;'!itlii! niiMl*- of taking; seals, wliilc tlsrir dcstrnrtiun ■;(»es foiward. would he a> if. wliile an arbitration to tiie titie to tiniher lan*l \vei-e in pro^iiess. one party slioiiid remove ali the trees." I have tlie honor to intortn yon that I liave reieived a reply t'roni Lord Salisbury to the follow inji elTeet: In the first piaee hi> loidsliip states tliat lie can not in any tb'j,nt'e admit tinil the delays have been greater on the pari ol' (ireat IJritain tinin on the part of the Inited States. .Vs re^^ards tiie necessity tor another iinnlii.s rinnili. Her Majesty's lloveiiimeni eonsented tt> tinit measure last year, solely on the <:roiMHl tliat it was supposed that there would l>edaii;;er ti» tlu' preservation of the seal speeies in Itehrin;^ Sea. unless some intei\al in I In- slanj^liter «)f seals were pieseiibed l»otli at sea and on land. Jiut Her Majesty's (iovernnn-nt have reeeived no infoiinatioii to slu u tlnit so drastic a remedy is neei ssary U>y t W'oconseenlive seasons. On tin' contrary, the Ibitish ("omndssioners (Ui the I '.eh riny Sea .loint (lommission have in- foi ined Her Majesty's < iovernmeni that.sofaras pelagic sealing iscon cerned. there is no daujicr of any serious diminution of the fur .seal species, as a eonse'. Nevertheless. Loid Salisbuiy uoidd not object, asa temporary nu'as ure of precaution lor this season. In I lie prohiiiition of all Uillin^i' at sea w it hill a /.roduced next year, and so will the seals. 1 liiive, j'te., Julian I*ai noefote. .•^^^ m ■ H W.' M Sir Jiilidn l*oun(rf'o(f to Mr. Ulatiie. Minrisii LKfiATioN, Wasliiiifitdii. Morrh T, ts!)9. Sill: With reference to my note of the 'J!»tli nitiiii", in which I had the honoi' to inform you that the Manpiis of Salislnii) had received no inforiiiat ion to shou- the necessity lor renewing;, during;' the approach- iiiji lisherv season, the iinnhts c/rrz/r// of last yea; in llehrin;; Sea as pro- posed in your note to me of the L'ttli nltbuo. I think it o|)potiation. in the course of the ('(urespondence w liicli then took place it wasdis- tiiicliy iiotilied tosoiii ( io\eriiinent that the inothix rintull would not lie renewed for the following season. Von will lind that, at the close of 3r»(i Dll'I.OMATIC <'OI.M{i:s|'()NM)KNCK llir ini'inornndiiin inclosed in my note to Mr. Wlnii tun of .Iiiiic (I. 1s;M, 1 st;itt'(l iindt'i- insti'iiftioiis I'luni my (iovcrnmriit tlmt ■'(lit- sus)K'!isiiiii i»f scaliiiff was in>t a mcasiiit' wliirli tlicy could repeal anollier year." Her Majesty's (idseriimeiit consented to that measnre in co:;se(|nence of the iimiMi's widely eii'culated of impending danytM to tiieseal s|»ecit'«. Ifiit siiK'c tiieii the conditions of tiie tiir-seal lishery iiave bt'en investi- ;;ated imi the spot Ity experts appointed lor thai pnrpose l»y Her Majesty's Governme:it. Tintst' i-xperts iiave advised that there is no daiijicr of any serious diminution of tht^ fur seal spt'cies from pchi^-ie ^ealinn' dnrin.i; the present year, and that to renew the proiiihit ion of pcla;iic sealini; for another st'ason would he <>()in;i' far befond the ne(;es- sitit^s ot' I he case. Lord Salisbury's proposal of a .'»(» mile radius around the PrMtilof Islands within whicli no sealing; should i»e allowed is a judicious tem porary nu'asurc of precaution i»endin,v;' the establishmenl of permanent rejiulalions for the lishery as a whole. It is a somewhat larj:er pro- |iosal than that whi«'li you (ui^^inally made to me on the Kith of March, IS'.M, and which was for a similar radius of J."* miles onl.\. Tlie reascm why you sul)se(|ueiilly abaiidoncil that" radius" pi'oposal is stated in your note to me of tth May. l.S'.M. That reason was not thai such a radius would l)e inelfectual, luif that ''it ndfilil p<»ssibly provoke contiict in the liehrin;; Sea." At that time no act of Parliament had been passed in ICn;;laml to (Miipower Her Majesty's (loverniiM'iit to enforce such a nu'asure on IJrit ish vessels, and no doiilit there was scnm^ danin'r on that accoant of it jii\ inji' rise to dilliciiMies. liut it is otlierwisc now. Hy the seal ti>hery ( IJehriufi' Sea) act of !S!H (,"»| \'ic.. c. I'.t), llei Majesty isempowered l»y ( )rder in ( 'ouncil to prcdiiliit uiniei' severe penaities the catchinin" of seals by r.ritish ships in any pari of r.elirin;;' Sea deliiied by the oitlei'. and therefore the enfori'cment of the wi'W ihixIks rlniiili now projiosed by Lord Salisbury would picsenl nuu'h less dilli.'ulty than was experienced last season in pultinj;' the existinji one into (►perution. I trust that the abovcobst'rvatioiis which I venture to otier in fuilher elucith idtimo w ill satisfy your (lovei'ument that it is. under the cireitmstances. a reason- able proposal, and one which will, if aiM-eded to. sullittiently safeguard the interests of both nations duriuti' the few months comprised in the next lishery season, and jtendinj; the decision of the Arbilratois. 1 have, etc JlLIAi'S I'Al N<"KF<>TE. Mr. Wliarton to Sir >/. Puinivcfoie. / DEPAin MKNT OK StATK, WitsLhiijInn, Manlt s. Is'fj. Sir: T am diiccted by the President to say, in response to your two notes of F«'bruaiy L'it and Maich :.'. that he notices with llie dee|iest le^ireL the indisposition of ili'i Majesty's (loverniiienl to a^r«e uptm an elleetiv*' iikkIhs lor the pieservation of the seals in the IJerinj; Sea, {tending the settlement oi' the respective rifthtsof tliat (ioverinient and of the (ioverntnent of tlu', T uited States in those waters and in the fur- seal lislieries therein. The Cnited States claims an exclusive rijiiht to take seals in a porl ion of I lie llelirinu Sea. w Idle 1 Icr Majesty's ( lovern- nient claims a connnon i-i<>iit to pursuit and take the s<'als in those MODI'S VIVKN'DI or IHHi. 357 i 3 wat(M s outside 11 3 111 il<' limit. Tiiissj-rioiisiiiiil pidtiiirtcil cuiitinvcrsy, it liiis now lii'cii liappily a^^rrcd, shall he stiluiiitted to tlie dttfriiiiiiatioii of a tribunal of arl>itratioii, and the treaty only awaits the aetioii of the Aiiierican Senate. The jiid^iinent of llie ari)itralioii trihiinal eaii not, however, ite re lelied ;ind stilled in time to eoiitrol ihoecuidilet of the res|»eet ive ( loverii meiits and of their eili/.eiis diiiiii^' tiie sjMliny season of IS1H'; jiial the iir^iciit (|uestiou now is. W'Uat does ^^ood faithj to say "o'JiJI'i'u *d' iiite r- national euiuiL;V^riM4^iiiie oH lie part it's to the Arititiatioii .' If the eon- feiiiion of this (lovetiiineiit is sustained l»y the ArMtrators, then any killinji of seals l»y the Canadian sealers diiriiij.; this season in these waters is an injury to this (lOverniMeiit in its jiirisdietion and property. The injury is not measured by the skins tiikeii. Imt alfeits the |»erma- neiit value of onr property. Was i! e\fr heard before that one party to siieii :i eoiitroversy. whether a nation (u- an iiidi\ idiial. could appro- priiite the whole or any part of the income and piolits. much less tlic^ I tody ot' (he t on tested property, pendin;; the liti;iatioii. wit lieu t iicconnl- altility? Tsuiilly a eoint of eiiaiieer,\ would place a receiver or trustee in elKirite and ludd the income of the propcuty for the beiietitofthe prevailing; party Voii say tliat i^onl Salisbury, rejectin;; the ilbistiation ised iiy Mr. lUaiiie. •' sii;;;:ests that the case is more like one of ailiitration respect- iiiu' title to a niejidow. Wliile the arbitration is j;oiiiy on we eiit the jiiass; and(piite riyhtly, for the ;;rass will be reproduced next yt'iir and so will the seals." lie can hardly mean by this iliii>tratioii that, beiii;;' in contention with a m-ijihlxu' n-j^fardiii};' the title to a meadow, he could, by any precedent in tlie eipiity courts or by any standard of common honesty, be jiistitied in pocketiiiji the whole or jinv pail of the .i;;iins of a harvest without aecoiintahility to the adverse daimaiit wiiose e\elu- si\ (' t itie was afterwards established. If is no answer tor the trespjisser to say that the i rue owner will Irive an uiidiininisheil h;ir\est ih'M year. Last years harvest was his also. If by ilie use of t'le plural |moiioiiii his lordship menus thai the harvest of the c(mtested meadow is to be ealinfi pio|»cit,\ by the Canadian se;ileis. The atteinpl to make a daiiia;;'e clause one of the articles of the arbitration ii^rcement failed, btciiiise llei Majesty's ii- silijc. midri- ilii- .itlcnihiiil i ii.'rl\ riii'lils ol till' I tiitcil Sillies 1>\ till' sraliii;; vi'ssrjs llyiny; llir lliilisii lliiir, ■,\\ It'Hst since I lie (I Ml e when llie ri;iht of llnse \ essels to iuN .nle I lie Ilelirilli; Se:l :iimI In |tursiie I lie re in I lie liiisiin-ss ol' pcla^le sea I in" was maiie the siilijeit III un(l to lia\e iieeii wroiiglut. IIS t'lilly as it' eaeli Itail lioiiie a eoniiiiisslon rioni I lit; »■'•" 'ri ^ \r^iMlri' O' tllr llltlstrl'. ill' rvrli nf II lllilil pt'l'Sdii. miili'i' cirriiiiistiilici's (':iliiil.ilril Mini iiitrllili'il to i;iM' i'tiriiill';i;;i'liii'iil, cD'ilti'S ,'| llMliilitS I'ol' tl'('S|i;i.ss III llii' ('(iliiliiiill \:i\\. Mllil liMK'li liiiiir it' Ills |i|'i'>i'IM'I' is !li'('iililli;lllic'il \\ it ll ilrrhll'ill ii)ll> III' i^illl, |>riilrs|s ;mMill>l I llr ilcl'i iisi- w liiili I In- OWIII'I' is I'liilcMMiriiii: 111 iii:i!u', .iinl ;i iIi'cImii'iI |iiir|iiiNC in :iiil i In- iii'>|i,iv>ii> If i lii\ -.wii rc- .sjslcil. rile jllsl ii-i' 111' this nilr is S(i ii|i|iMlrlll tll.ll it is imt snli liiiW ill till' Irss ti'i'll- iiir.'ij Iriliiiiiiil III' .'III iiiti'i'iiiiliiMi.'il arliitr.'itiiin it luiilil In- lirlil in lir iiiM|)|ilii'Ml>lr. Tlu' I'liiti'il Siiiirs iiiitilit vM'll insist tli.'il llrr Miiji'si \ "s ( iii\ I'liiiiniit sIhhiIiI .nliiiit l'i's|Hilisiliilit V Idl' llli' arts III' llic Ciili.'lili.'ili si'iilrl's. w lilili it li:is sii ilili rl I v ciiriiiir- :i!;ril iIIkI |il'iiliii)tr)l. |iri'risi'l,V Ms in tin' |irii|iiis:il tlic I'liitnl SlMti's ,'iillliil l'<'s|iiiiisiliil- il V I'm' till' Mi'ls III' ils ri-\ I'liiii' \ I'ssi'ls. lint, with :i \ irw In iniiiiM' \\ liiil smiis In 1m« till- liisl |iiiiiit III' ilitliTrnri' ill :i ilisi'iissiun wliirli h.'is Ihtii \i|'\ iiiik'Ii |ii'iili','ii'ti'il. llii' ri'rsiilciit is w illiim Id iniiilil'y his |ii'ii|his:iI Mini ilirri'ts nil- In iill'i'i' I lit' fill low i 111; : "'rile (iii\ I'l'iinirtit iil'liirMl Mi'iliiiii liM \ in<; |irr.si'nti'il tin ilMiiii^ ol' its snlijiTi-. I'nr I iiiii|ii'iisMt inn tin I III' sfi/.iui' of t hrir \ issils liy tin' I iiili'il SImIi •- in lirhiiii;; Si'm. Mini thi- < iiiv I'i'iiini'iit of till! I 'nil I'll SImIi's |im\ iiii; iiii'scnit'il in its ii« n Iii'IimU'. ms well ms oC I In- li'ssi'i's <>r till' |iri\ ili'uis III' iMkiii'^ somN nn iln' I'lil'iliil' KImimIs, ihiinis I'ur riiiii> )il'IISMt inn li.\ ri'MsnIi nf the Uilliliu ol' M'mIs in I he lirhrill^ Sci li> |ii'lsii||s Mil ill;; lllliliT till- |iriili'i'tiiiii III' till' lii'ilisli Ihi;;. tin- ailiil I'.itnis sIimII ■ misiili'i' miiiI ilniili- ii|inii siirli rhlillis ill Mrinrihllni wil ll Jllsl lir Mini ri|llit \ . anil I llr l i's|ii rt i\ r liL;lits III' I hi' lii;;h riilltl'Mrt in;;' |iiiN\ I'I'S, Mini it sIimII lir riilil|M'ti'lll I'm' lIli- .11 lilt I Minis In aWMIil sllrli I'ltiii- |iriisMlinn. as ill their Jnil^^inrnt. sIimII sitih i'i|iiilalilr." Ill your iiot«' <>l'( )('tol>('r 17. you siiy: I r('y;r('t In iiit'iii'in \mi that Hit Ma.jrsly's tioviTMiin'iit, aflcrlln' fiillrsi I'lnisiilrra tinii, liiiM* ai'i'ivi'il nt thi' cmnliisimi that this new iImiix' roiilll mil |ii'ii|M'rly lif as- si'Mlril til hy thi'iii. In thrii'iipiiiinii it iiii|ilirs an Milini^-^imi nl'a ilnrM'iiii' ii's|M'i'iinir till' lialiililii's tt\' ;;ii\ I'lnini'iits i'nr llii> mi'Is nf thrir iiMl imials or nt lirr ihi'siiiis sailiiiy; iiiiiirr thrir tlai;' mi I he lii^li sras I'm' \v liirli tliri'i- is nn w arrant in tin' law n I' nat inns. 'I'liiis it rmitaiiis the Inllnw in;; wmil.s: " Till' < iiiMTiiini'iit nl' I III' I iiitril ."slat 's hax in;; |ii isintid mi its nw n ht'lnill'. as well as III' till' h'ssri's nl' llir priv ili';;c nl' takili;; scmIs mi llli' I'rilii lot' Islainls. rl.iiiiis I'nr rniii|M'iisat inn liy rrasmi nl' I lir killing nf sea 1> in I'mIii illy; .^^ra li\ piismis .'iitiii^ iiinli'i' till- |irntirlinii nl' till' Itritish tla:^. I III' Ai'liilr.iim > shall roiisi,,..r airl ilniilr ii|inii Mii'h rl.'iinis," Tlirsi' wmils iii\ nl\ I' tin- prn|insitinn lli.it Mil Maji'st \ 's ( in\ I'lnnii'iil mh' li.ililr lo iiiakc y;iinil Inssi's irsiilt in;; linn I I III' \\ rmiyjl'iil a i imi of pi'ismis sailing mil si 'If t lirir |iii'isilirl inn imih-r tlir Itritish llajn. llrr Ma i'si \ "s Intvi'mnii'iit rmilil imi airrpl- sinli a ilnctrinc. Tlic ricsidcnt ciiii not bclit'vo tlnil wliilv lioldiii;; tliis vicvv of its ii('<'ouiit;ibilily the (iovcnmu'iit of (iiciit llritiiiii will. |i«'iiili atioii ajjaiiust the I'liited States mid in favor of (Ireat r.iitaiii, and that it is already only a ipiestiou of so re;;'uiatin^ a coiuiiioii ri^lit to take seals as to preserve the speeie.s, Hy what riy^ht does he do tliis.' rpon what principle does he assume tiiat if our claims are es- taldished. any diiiiiniition of the .seals, whether serious or not, diiriii}.; this si'a.son, or iiuleed. any takin;;' of seals, is t«i be without recom|)ense? Ill the opinion ol' the President, it is not consistent with <;ood faith tliiit either party to an arbitration slioiild, pendinj; a decision, in any decree diminish th<> value of the siiltject of arbitration or take any piolif from the use of it without an a;;reeinent to account. Iieloie an aureemen) lor ailiitialion h:id iieen reaclied the pridiibition of pela;:ic sealing was a matter of eomily; from the moment of Mio Monrs VIVKN'IM OF lS!t2, S.')!) sij^iiin;;: (if tliiit ii^t'cciiH'iit it Ix'ciiino, in liis opiiiioii. ii iii:ittcr of ohliua- tioii. Dmiii^i tlic si'iisuii of IS'.U. imtwiliistiiinliii;; the rrsii iciiniis ri-sultiiii,' I'nmi llu' motlns iidoptril. tlif CiiiiiKlian scalers took in llic Ucliriii;: Si-a aliinc '_'S.7(;.s skins, or nearly tl \ esscis IrMni lirilisli ('olnnd)ia and 1<> tVnni Nova Seotia liave sailed or are about to sail lor the I'.elirinj; Sea to enj;a;i;e in takin;; seals, 'iiiis larye increase in the licet en^a;;ed makes it certain, in the alt>iiicc ot" an el1ecti\e re striclivc a;iiecnH'nt, that the d«'sl ruction olse:il lil'e dmin;; this season by |)cla;;'ic scalin;: will he nnprecedented. and will, in t lie opinion ol'tair Conimissioiicrs. so nearly destroy the value n\ the seal lishcrics as to make what will remain of so little value as scarcely to he a woithy sub ject tor an international aibitration. The proposition of Lord SalisbnrN to prolJ-bit the killing ol' seals at sea ■■within a /, extendin;; to n<>t moic than lo iniiitiial miles around the I'ribilot' UI.hmU" is sooli\ion^l\ inadc(|nale mid >u impcts: sible ot e\i-cMl ion t li.ii I hi> < hi\ ci ninent can not entcrtiiiii it. in th cail.\ p;ut of tin- dix ii^>i(»n ol the siilijcct ol' a iHnilu.s Ibr last year, this metliod was tcnlar4\ el\ su^j;c>lid .iiiionj; others in conversation licl ween y«>urseirainl Mr. Illaine. JSnt it w as al'tcrwaid in eHect agreed by Inttli (lovcriiments to be inadei|uate. and was not a;;ain rercrred to in the cori'cspoiidence. In the memoiandum I'lirnishcd by yon with your noli; of .luiie <». you say: liord Salisbury p<»iiits out lliat it' seal liuntin;^ be piohibited (Ui one side (>!' a )tuiely imaniiiaiy line drawn in tlie open ocean, while it is per- mitted on the other .side of t he line, it w ill b(> impossible in many cases to prove unlaw till sealing m to infer it from the possession of skins or lishinji tackle. This was said with icfereiice to the water boiindaiy of our pnrchast' from b'ussia. but is cpiitc as applicable to the .'III mile zone which he now siijijicsts. The pic\ alence of U)jis in tlu-sc watersyives incieased force and concliisi\ ('ne>s to the point made by his lordship against an ima.uiisar.v water line. The President can not aj;!ce. now that thcli'mis of aibitration have been settled, that the restrictions imposed shall be lir^-N than those wliicii lioth (lovermnents deemed to be appropriate when it was >till itii> (>i tain whctli(>r an earl,\ adjii>tinenl of the contro- versy was attainable, lie Iherctbvc hopes that llci Majesty's (loverii- meiit will consent to renew the arrangement of la.->l yenr with the prompt iiess w liieli the c\i;;cne.\ all sinh vessels a> ha\ c already cleared. This (mi\ crniiient will homuably abid<- the jiid;:iiieiit of the lii^li tri- bunal w hich has been ajurced upon, wliethci that iild;;iiient be faxoiable id a jiisl responsil)ility foi' any 4»f its acts whicii by that iud;>'ment are found to be unlawful. Hut cei taiiil.x the I nited States eaii not be e\pect<'d to suspend the defense. 1»\ >iicli means as arc within its power, of the property and jiiiiMlie- tNMial rijuliis claimed by it. peiidiii}< the arbitration, and to consent to rc(!ei\(' tlt« ai from that tribunal, if awarded, shorn of much of their value In the acts of irresposiblc persons 1 kwtfvu tlie liunur to be, etc., William F. Wiiaijton, AvliiKj Stritldii/. 3()() DIPLOMATIC COIJKKSI'ONDKNCI; air Julian I'auncc/ote to Mr. Whortoii. BUITISII LKt of your iu>tt' of tlu' Stli iiist;iiit I iinnicdiiitrly U'U'- iirn]t\n'd fo tlic .\liir(|iiis of Salislmry tin- Mihslnnct' of its coiitciits in iic('<»r(liiiMM' with tlu' i«'(ni('st wliicli yon cxprrsscd on bcliiill" of tln^ l'n'si«l*-nt. ami I liavc now the honor to infoiin you that i liav«> this day received a \v[t\y from his h»r«lship, by tch'y'iam, to tlie followinjj Lord Haiisbnry aiiMw points out tlnit th«' infcnniation in the poss«'ssion of llcr Majesty's (lovcinmcnt dors not h'ad tiu'in to lu'licvc that another year's suspension of sealinj;' is no<'essary to prevent an undue dinnnu- tion of tlu' seal hei'ds. Mis htrdsliip, however, ]>roeeeds to oltseive tinit iM'yond tiiis i\\u's- tion it is consideicd l>y youi' (iovernment that they ha\e a lijilit to Ite proteeted from the h>ss wliich lliey nniy incui' from fi»'e sealin;; Iteinji' permitted tliis yeai'. in the event of their claim to IJelirniji' Sea hein;; up- iiehl l)y the Ail>itrators. lie slates that Her .Majesty's (iovernment do not disput<> tliat after the ratitieatiiui of the <-onvention there will Ix' some foundation for this <>ontention : hut In- adds that the prohibition of all scJinji as a remedy has this defeet, that the Ihitish sealeis ex- eluded from lU'hringSea would have an undoubteil j^round of eom])laint if the r.ritish claim sluudd be upiield by the Arl»itiators. Moreover, tiiere is no security that the Arltitiation will be concluded before tin; sealin;;' season of l.Stt;5. Thus an arbitration between (Ireat IJritain. the liiited States, and INu'tuj;al, which has already occu[»ied four years, is slid pending;. Serious damaj:c would be caused to the industry by a suspension of sealing for a lonj; period. Ill view of all the above considerations it apjieais to Iler .Majesty's (lovernmeiii' that it would lie more efjuitable to provide that sealinj; in liehrin^' Sea shall continue on the condition that the own<'r of every sealiiiii vessel shall j;ive si'curity for satisfying any damaj;es which the Arbitratois may adjiidjie. I shall i>e yhul to learn that the above suggestions meet with the con- ciirieiice of vour (iovernment. 1 iiave the honor, etc. Julian Pauncefote. :iN. Mr. Wharton to Sir Jvlian Paunvcfote. Depautment of State, Waxhiiifiton, March ;.';>, isno. Siu: r am directed by tlie President to say tlntt your note dated the inih instant and delivered tm the L'Oth instant (Suncbiy) has had his imiiiediat«' attention in view of what he deems to be the extreme urgency and gravity »f the matter under discussion. Tin* urgency grows out of the fact that much fui'ther protraction of this discussion will make any modus that maybe agrci'd upt)n ineflectiial to protect the interests of the rnited States and will give to the Canadian seah-rs practical imnuinity, by reason of the impossibility of eommiiuicating to tln-in the agreed restrietions. It is known to this Goveiiimeiit that the sealers liaxc hastened their departure ttt est'ajje notice of a possible modns and that every day alm(»st adds to the t1e«'t that must now be overhauled at sea. Alieady forty seven Cauadiau vessels have cleared f(U' the sealing MODI'S VIVr.NDI nv \HQ2. 361 jjnmmls (iis ;i;;aiiist fliiitv oiic at tlir siiiiic dale last yrar). and arc cii- }>a;:<'(l ill InlNnviiiji;' up and dcstroyiiifj tin* seal li('r(l.>. TIm'sc vessels will, it' not st<)|)|K>d aiil' their youii;;'. This is a eriiiH' auainst nature. This ( l((\ crnniciit e\|ie(ts to show, if the A il>it ration |»inceeds. that female sea Is const it iite the larji'cr l»ci cent of the catch of tlie pchiyic sealers. That in view of this serious and coiitidcnt citratii)u it sliall ^n on, l>recisely as if im ;irl)itialinn had lieeii agreed iip;iii. is as siiiprisiiiy- as it is disappiiiiit iiiu. If llci .Majesty's ( luverniiicnt so little respeits the claims and rontcntions of this (iov^'l•lllllcll^as to he iinwilliiiL; to for- l>ear for a siimle season t(» tl!>ri j:iid them, the I'rcsidciit can iint iinder- staiid w li,\ Lonl S;di>lur.\ slioiild have proposed and agreed to ;;ivc to those claims tlic di,uiiit\ and staiidiiiu' which a reference to a liiuh court of arhitratioii implies, l-'rom the iiionn'iit an aihitiatinii was agreed upon neither party was at lilieity to disregard the contentions of the other. it must be assumed that the sincere purpose of the two (lOVcMiiments was to jaoinote peace and j^ood will, hut if. peiidiiijii' the Ailtitiatioii, either deals with the siil>ject of it solely upon the hasis of its own con- tention and in utter disre;'ard of tiie claims of the other, this friendly end is not il>le to proeeid with an ailiilia tioii iimb'r such conditions, l"oi it iiiiist iioi lie for;;ottcn that if Her ."SIa.jest,\'s (Joverninciit pioreeds diiiiiin' this s«'aliiiy season upon the ladiaii sealers, no choice, liasis of it ^ coiiteiil ion a t'.th li-ht^of theCai is left to this ( loxeiiiiiiciit but to proceed upon the basis of its c(»nlideiit eonti'iitioii that pela;4ic scaiinji- in the riehiin;;' Sea isan iiifractiect. This Governmeiit, notwithstandiiijj' the fact that its ri;;lit to take seals upon the I'ribilof Islands is undisputed and wholly uninvolved in the Arbitration, has projiosed to take no prolit from the island catch, but to limit the takinj;" of seals to the necessities of tin' iiativ»'s of those islands, and it can not consent that, with indemnity (U- without, the contested rights of Uritish subjects to catch seals in the I'.ehrin^ Sen. shall be exercised pending the Arbitration. The I'resideiit liiids it ditliciilt to believe that Liud Salisbury is seriou.>^ in pro|)osiu;i thai this Government sliall take separate bonds iVoiii the owners of about one hundred Canadian sealin.i; vessels to indemiiil\ it Ibr the iii.jni'N they may severally iiilli<'t u[»oii our Jurisdiction or [iroperty, and must do 4(J % kL/i 'Ir-i; ^f k*! 302 DIPLOMATIC roUKKSl'UNIH'.NCK. cliiu' toilisciiss a siijfyj'stinii wliidi (tiily liis ics|M'ri iiu I, mil Siilislmry >in ii|i|iivriiiliuti ot t lie uiiiN ity of lliis disciissiuii t-iiiiltlf liiiii In lit-iil willi snioiiNiirss. Wt' slumld (liiuhtlt'ss liiivc to iniisiu- iiiiil «-ii|»tiii«' iipnii tlu' sea iiiiiiiy ol' Jlic owiHTs (»r tlidsf vessels to setiire tlie ImhhIs sii;:<;('ste(|, iiliil as file eniHlitloii js to l>e that the nl)li;^ois shall pay "any damages which i\\o Arhitratois may ailJiHlmc,'" while the treaty ;iives the Ariiitrators no power to adjiid^t' any dania<;'es, the transaction would lie without risk to tlie obligors and of no value to us. This (iovernnietit can not consent to lia\e what it l»elie\es to he its ri}:'hts destroyed lU' iinpairrd pending tlieir determination by an a^^rced trilMinal, howevci* adeipiate the siM-urity olVcred. 'I'he reference in my last note to tlie inconsistency of Her Majesty's (lovernnu'nt in denyinj; rcspoMsihility for the acts of the Canadian sealers was not intended to sufificst a willin;;iu'ss on our part undi-r any ciicumstances to see our pi'opeity c(»n\frted into a claim for daniajnes, and particularly as such a claim can mit now he heard or determined hy the Arbitrators w ithout a relbi-mation of the treaty, for his liadship must remember that while he now otVcrs what he mistakenly calls "security for satisfying;' an,\ dainap-s which the Aibitrators may adjudjic," he has already carried his point in the treaty that the Arbitrators shall have no. jurisdiction to award any danm^cs. As to his lordship's su^;>'estion, that < 'amuliaii sealers may have some (daim tbi' compensation if (iicat iWitain shall restiain pelagic sealing;', the I'resideid directs me to say that he is not aide to see latw the citi- zens or subjects of I'ither of the treaty powers can by any rule of law or e(juity support any claim ajuainst their respectixe jiovernments j^rowinji' out of such necessary tiadc restraints as the j;(»\ei nments may lawfully impose to promote tlie lar<;er considerations of the public ^^ond and in- ternational pt'ace. The sujificstion that th«' conclusions of the Hoard ol Aibitratid and e\clian;;i'd our mutual interest would be an ample guaranty ajiaiiist delay. The IMcsidoit has fonntl no obstacle in th<' way of such a consummation, except the belief now indbrtiinately very inevalent here that the refusal of (!rcat ]>ritaiii to ajin'c tt) the preseivation of the shiliis of the property dnrinj;' the Arbitration, and liei' insistence that i»cla]iiic sealiiiji shall ;;(/ on. to the injury, if not destruction, of our iij;hts, lar^^cly defeats the object e subject to spoliation pendiiij; the arbitration, he expresses the hope that hord Salisbury will jii\e a j»rompt and frieiully assent to renew the modus. The President will hear with re(!, /vo?. Sir: T have the hon(»r to inform you that F Inive reeeiv<'d the rejily of Her MaJesty'H (i(»v«'rnnn'nt to the note wiiieh you addressed to me, on the "Jlid instant, l»y direction of the {'resident, on the sul»jeet of the renewal of the iiioihis rircmli in iielniii;; Sea durin;;' tln' approaehin{; fur seal lishin^ season. The Martpiis of Salisbury states that notiee has been ^iven t<» the owners of ships sailiu;; fop liehrin;; Sea that lM)th the agreements which aie at present under diseussion Itctween (In-at IJritain and the United States, that as to arbitratinii and that as to an inunediate agreement, may alfect the libeit,\ of st-alinj;- in llehrin;; Sea. They have, therelbre, notice of their liability of possii»le interrupticui, and will sail sultjeet to that notice. The tpiestion of time is not, conseipu'utly, urgent. I am to n'<|uest you to inform the I'resident that Her Majesty's (iov- ernnu'Ul concur in thinking that when the treaty shall liase been rali- lled there will arise a new state of things. Intil it is ratitied their conduct is ^oveined by the laii^ua^c eontained in the note which I had the honor to address to Mr. HIain*' on -lune It, liSOO. Hut, when ratified, both parties must admit that contingent ri;;hts ha\e become vested in the other, which both desire to piotect. Ilei Ma.i<'sty's (i«»ve!iMnent think that the pi'ohil>ition of sealing, if it stands aloiu-. will \n' unjust to lliitish sealers, if the decisicui of tiie Arl»itrators slu»uld bead\«MSc to the I'ni ted States. They are. howfver, willing, when the tieaty has been ratitied. to a;;rec to an arraii;;<'meht similar to llial of last year, if the I'nited Stales < ioxcnimeMt willciMi- scnt that the .Vrl>itrators should. in tin- e sent (»f a decision ad \ er.se to I iM- I'Miti'd Slates, assess the damages wliieli tin prohilijtion otsealin;: shall have iullicted on Ibitish sealers dm in^ the pendemy of tiie Ai iiilra- t ion ; and. in the event of a decision adx erse to ( Ireat Ibifain, that t hey should assess the damages which the liinitati(Ui of a slaughter shall, during' tlu; pendency of the Arbitraticui. have iiMlicted on the I niteil States oi' its lessees. As an alteinate course. Her Majesty's (Jovi'i'iiment are also willinj;, after the ratitication of the treaty, to prohibit sealing' in the disputed w ateis, if vessels be excepted from the prohibition w liicli produce a <'er- tilicate that they have ^iveii security for such danui^esas the Arbitra- tors may as.sess in case of a ll I-IV, April, 1887). SG5 rA fiff:"i'U ■>|i y"i i i!^ liiiii m\ iiiiii i III* III i ji»' ^^wyrSr-~..raK,-:^-.:,-,jj;;^::p8^7faf'y*r-gi^.-i:Yri NORTHERN FUR-SEAL fCaUorhJuuts ursmuus ) Oldmale. HARP SEAL (Phoca i/roPnlnndica ) Old tnalo PA RT I. A SYNOPSIS OF THE PINNIPEDS, OR SEALS AND WALRUSES, IN RELATION TO THEIR COMMERCIAL HISTORY AND PRODUCTS. CiiiiiiMiiii Soal, Kart'd Sual, and Walrus, AucoAtors of. Uopoiidoiice on the laud. The cominou seals, the eared-seals, and the walruses form a well marked yroui) of the caruivorous mammalia, eonstitii- tiiijf a suborder (Piiifiipedia) of the order Carnivora. They are carnivores, especialJy modified for aquatic locomotion and semiiKiuatic life. Their ancestors were doubtless land animals, probably more nearly allied to the bears than to any other existing mammals. They are still deijendent on the land or on fiehls of ice for a resting place, to which they necessarily resort to bring forth their young. They are thus very unlike the sea cows and the whale tribe, which are strictly aquatic, bringing forth tuiir yo'uig in the water, and entirely unfitted for locomotion on land. Tiic gieat tribe of Pinnipeds is divisible into three quite distinct minor groups termed families, namely, the walruses (family Odobenidce), the eared-seals (family Otariidw)^ and the common or earless seals (family Phocidw). These groups differ notably from each other in many ture. The walruses agree with the eared-seals in the structure of the hind limbs, being able to turn the hind fetit forward under the body, which are thus to some degree serviceable as locomotive or gaus on land, and enable them to progress by a clumsy and mu(!h const rained method of walking. In the true or earless-seals, on the other hand, the hind limbs can not be turned forward, and thus on land can take no part in locomotion; they remain permanently exteuded iu a line parallel to the axis of the body. This diversity in the structure and function of the hind limbs involves more or less modification of the entire skek'toii. It is also reHcctcd in the whole manner of life in the two groups. Aside from this, there are other important structural differences, affecting especially the skull and dentition. The following synopsis of the Pinnipedia is intended to present a classified list of the species, with a brief statement of synoi.sis of Pinni their distribution, habits, and commercial uses. p«'"» g 1 Piiinipod.i. points of struc- Dlft'er notably from from oaiih other. 367 368 Airncij; nv i>i;. .i. a. allen. Mini! iili!i:'i. \m iii Atlantic Walrus. Family ODOBENIDyG. WALRUSES. The walruses are cluuat^terized by their thick, heavy form, the ab- stiiiee of external ears, the (leveh)pmeiit of the eaniiie teeth into enor- mous tusks, and the correhited great expansion of the facial portion of the sladl. The hind feet are capable of being turned forward to aitl in terrestrial locomotion. Tiie two existing species of walrus constitute the genus Odobcnus JJriss. [TiH-hvchuH of many autluu's; not of Linnieus, 17o8). There are several extinct forms, usually referred to other genera. The exist- ing walruses are now Arctic in distribution, although formerly their habits extended miuih further south than at present. 1. ATLA.NTIC Walrus. Odohanm ronmarm (Linn.). — The Atlantic walrus greatly resembles the Pacific walrus (O.obesHs), externally, l)ut the front of the head is much narrower and less deei>, and the tusks are shorter and mort; divergent, resulting in a very different facial expression. The essential differences are in tht! cranial characters, where the differences are strongly i)ronounced. At the close of the glacial period the Athmtic walrus ranged as far south, on the eastern coast of North America, as Vir- "'*"'^" ginia, and as hite as the middle of the sixteenth cen- tury was abundant off" the coast of Nova Scotia. In Charlevoix's time there was an extensive walrus fishery at Sable Jsland. During the latter part of the eighteenth century they were hunted extensively at the Magdalen and other islands in the Gulf of St. Lawrence, where as many as fifteen or sixteen hundred were stmietimes killed in a single onslauglit. Through whohisale destruction for their oil, hides, and tusks they were speedily exterminated south of Labrador. They are now rarely met with south of Hudson Bay, Davis the far gtrait, and the coast of Greenland; more to the north- ward they still exist, but only in comparatively small numbers. They have been found as far north as explorers have pene- trated. On the coast of p]uroi)e the walrus has occurred within historic times as far south as Scotland, and strayed to the Ork- neys as late as 1857. There is good evidence that it also regularly frequented, two or three centuries ago, the coast of Fiumark. It ranged thence eastward on the Siberian coast as far as the mouth of the Yenesei River. Its princii)al places of re- sort, however, were Spitsbergen, Nova Zembla, and the smaller islands of the Arctic Sea. In this region the walrus has been o/tlie waiTiw!""*'"^ relentlessly hunted for its commercial products since the beginning of the seventeenth century. During the early part of this century (1G03 to 1612) thousands were killed annually by English seamen for their oil and tusks, first at Cherrie Island, and later at Si)itzbergen. The slaughter was continued by the^iutch, Danes, and S])aniards till too few were left to render the pursuit of them longer profitable, the whale fishery then supplanting walrus hunting. The persecution of the walrus, however, continued as opportunity favored, either for its commercial products or for sport, ^™ until its extermination in these w.aters has seemed only a question of time. Prof. Alfred Newton, writing in 1864, said: "Now they are hemmed in by the packed ice of the Polar Iiihabita llUI'tll. Tlie Walrus uuitliprn Europo. Extermination ininvnt. SYNOPSIS OF PINNIl'KDS. 3|)a- rently decreasinj;' witli woeful lapidity. The time is certainly not very fur distant when the Trichirliiis rosmnndi will be as extinct in tiie Spitz- l)er}^en seas as Kluftina (ficfus (Steller's sea-cow) is in those of liering's Straits." (Troc. Zoiil. Soc., London, 18, p. 27:!. Ac<'ofdin<«- to Mr. Thomas Soutiiwell's annual "Notes on the (iJritish) Seal and Whale Fishery," published in the Zoologist. l.S8;{ to 18!L', Wal- rus hunting- is still incidentally carried on by the whalers in J^avis Straits and Cundieiland (iulf. In his account of the season of 188.") he states that " about one hundred and i^"^i»«'™t«- ninety walrus " were killed by tin; Davis Strait whalers. Kespecting the status of the Atlantic Walrus at this date, he mak<'S the following interesting statements: "The (ireenland vessels rarely meet with the walrus, as it is ])retty well extermimited at Spitzbergen by the Norwe- gians; an occasional solitary individual, however, which has betiome carnivorous aiul wandered far from his native shore in search of seals, is sometimes met with far out at sea. At Franz Josef Land, according to Mr. Leigh Smith, they are very nunicrims, and I am also informed that in Frobisher Straits they are still plentiful; nnueover, on both shoresof Davis Straits, owing to the whaleis being in too great a hurry to reach the north water to stop to hunt them systenmtically, they are still abundant." (Southwell, Zooh)gist, 188«>, pp! 101, 102.) lie rei>i>rts the capture of 320 walruses by the (xreenland whalers in 1880; about 500 in 1887, 311 in 1888, 312 iii 1880, 00 in 1800, and 215 in 18!M. 2. Pacific Walrus. Odobeiius obesiis{Ul.). — The home of the Pa- cific walrus is the islands and coasts of Bering and I'acilic Wnlrus. Uses of Walrus. the Arctic seas. It formerly occurred in considerable numbers as far south as the Aleutian chain, and probably i)assed, at times, somewhat to the southward of these islands. It was om-e abun- dant at the Pribilof Islands, and at St. Mathews, St. Lawrence, Nuni- vak, Diomede, and other islands in Bering Sen, and on the Alaskan coast at Kotzebue and Noiton sounds, Bristol Bay, and eastward to Point Barrow. On the eastern ami northern coasts of Asia it formerly ranged from Karaginskoi Islan;i ■ ' 370 ARTICLE UY DK. J. A. ALLEN. WusU'ful killing. at Aiiiak Isliiml niid Point >[(>IIcr,ou tlio iiortheni shor^'of tli«' Alaskan IM'iiiiisiila." (Maiiiie .Mammalia, p. I.S(K) In 1S(]S tlii' I'acihc wall us bcyan to attiiu't tlic cniiidity of tin* wiialcrs. and (liiilny; tlio lollowiii}'' five years it is estimated that they destroyed (»0,()(M> in JJerin;;- Sea and tlie Arctie Ocean for tbeir oil and tusks. " Uetween the years IHli) and 18S() there were brought to market 1,!>!»0,()0() gallons of oil and 3J>.S,,S68 l>ounds of Walrus ivory, these- amounts rei>reseiitiiig the destruction of not far from 10(>,(M)0 animals." fFrederie A. Lucas, Keport U. S. Na- tional MustMiin, 18.S8-'81>, ]). 020.) ' " If the whalers reach IJeriiig Strait before the ice breaks up tln^y remain on the coast and often hunt the walrus for nin.tingtho Walrus, ^^.^j^^ together, with startling and serious results. Last year's campaign was considered successful, as about 11,0(M) wab ruses were secured, most of them within the Arctic Sea. IJut to attain this result between .'{(),(MM)and4(>,(M)0aniinals were killed, so that only one-third of the number destroyed were actually utilized. There can be no (bmbt as to the ultimate conse- (piences of such glaring improvidence, but last year they were so pain- fully apparent as to touch even the hard hearts of those who occasioned them. Not that the whalers were moved to compassion by the victims themselves, but by the siilVcrings of the human beings who were de- prived of their <'hief source of subsistence. The hardy fomr** **"^ '"*"^''* "* tribes in the neighbtuhood of Bering Strait literally can not exist without the walrus, and so long as they Avere its only human enemies the number destroyed was inconsiderable. But the herds soon dwindled under the superior weapons and appli- ances of civilized nations and the survivtus retreated, like the whales, towards the pole. By the end of last season not a single walrus was „ . „ „„„. left on the coast, and the immediate result was sucii a 1 amine among na- ,.,,,.. ,, , . ii . .. i , tivcH caiiaed by tie- tcmble tamiiie among tlie natives that the whah'is stiuctim. »f Walrus, themsclvcs speak of it remorsefully. The population south of St. Lawrence Bay has been reduced one-third, and in a village which formerly counted two hundred inhabitants only one man sur- vived. Several of the w balers have consequently refused to take any part in future walrus hunts on the coast. They as.sert that for every hundred animals killed a native family must perish by starvation, and theywill not incur so heavy a resi)onsibility." (London Field, Mard to south- ern ocoau.-i and North Pacitic. Habits of Eared Seals. BYNOl'SIS OF riNNIl'KDS. 371 tlioy Jciilonsly fjiiiinl IVoni tln'ir liviils, iind n\i'v wliicli for many weeks tliey I'Xi'rcise tyiaiiiiiciil Jurisdiction. Tlio yoiinj;' riircd-si'iils ]»iiss the lirst six or (>i<;iit weeks of tiieii' lives wholly on tlie land, and at first enter th«' watei' reluctantly, beiii};- tauyht to swim hy theii' mothers. A very younj;' seal if placed in the water and left to itself will (|uiekly drown. The eared-seals fall into two ^•roui>s, one of which includes the sea- lions and the other the fur-seals, or "sea bears" of the early writers. In tlui sea-lions the pelade is harsh s.ai!,'/''""*' '""'*''"■■ and witliont under fur, and their skins possess small comnier<*ial value, beinj:' useful only for the pn-pa ration of a i)oor cpiality of leather. They arc, however, very fat, and consequently immense innnbers have been killed for their oil. Their products are thus siini- hii' to those of the seals proper. The fur-seals have a vt'ry soft pelaji'c, with abundant under fur, forming' the well-known seal fur of c(unnier<'e. These animals have been incessantly hunted for their skins i.'jl'j'ri'ur" for a century. So indi 'riminate ami relentless has been the slaujihter that, with the exception of ;i few snmll rookeries which have received f;'overnnu'ntal prot«'ction, the fur seals of the southern hemisphere liav«' been foi- many years practically externn- uated. (See part 11 of this paper entitled " Fur seal Hunting in the Southern Hemisphere' post.) Authorities differ greatly as to the number of species of eiired-seals, owing to the scarcity of specimens in uatiu-al hisbuy museums. Although so many millions have been killed sc^J"!'""' for commercial pur])oses, there is not a good series of specimens of these animals in uny scieiitilic nuiseum. The following list of genera and s[»e(;ies is pi-obably sullicMcntly accurate for use in the ])i'esent ct«'ror less nnnd)era in some of the Aleutian Islands, and at a few points on the Alaskan coast, |>rincii)ally of the Aleutian chain. It has at proseid no commercial value, and is killed chietly by the natives of the coast and islands of IJerinji' Sea, to whom it is of great s«'rvice, every i)art being ntili/.i'd, either for food, i'lcithin}-, or imple- ments. IV.— Genus ZALOPHUS GiH. 4. CAUFoiiMA Ska-Lio.V ZiiIoiiIiiih rnJiforuitanin (Lesson). ITahitaf: Coast and islands of California, from lower California, about latitude 2.'$'^ north to San Franci.sco. This species was extensively hunted tor its oil duriujn' tln' first half of the present (H'utury, in consequence of which its numbers becam*' fi'reatly reduced. It is now not mufh nndested, as it yields no com- mercial products of value. This is the sea-lion commonly seen in zoiilogical {gardens and menageries. 5. Gray Sea-Lion. Zalo]>hu8 ciiiereua (IVron). Hahitat: Coast and islands of New Zealand aue- mmuier liinn.ii *"'"" i'">S' Sca. Although millions of fur-seals have been killed here during the last hundred years, the killing has been, for the most i)art, conducted under restrictions imitosed by the Russian and the United States governments, witli Birima unuU s^^^^^^^ " ^''®" ^^ securing the i)ermanent lUH^servation and \no- ductiveness of the herds. Of late, however, the herds it HYNOI'SIS OK I'lNMl'KDS. 373 KxccMsivc liiiiiliiiLi at tln'se isluiids liavt" siin'crcd <>ri!at rcdiM-tioii in (Mniseiineiu'o of |m'- layic soaliiiu in tin' Noitli I'arilic and lU'iina Soa, 1 • 1 •,. -• 1 J. 11 • ii • I'll Kxteriiiiiiiitiiiii Ifoin winch it continneu iinist rcsnit in tlicir piai'tical (>\t<>r- inOa-ir ><.niiii- hinai- niinatinn — a t'at<' that lias ovcitakeii nearly all of tln' '""" many tortnorly populous fnr-scal rookeries in the southern lieinisphere. For many years past the Trihilof and Coiinnander Island rookeries have furnished nine-tenths of all the fnr-seal skins obtained for eom- mereial purposes. VI.— Genus ARCTOCEPHALUS F. Cuv. 7. Caufokxia PcinSkai, Afctoccphnhix sji. uov. TTahiiat: Islands ott' the coaatof IiO\v«'r California, froinCerros Fsland northward. Formerly lar^e nninhers of fur-seals were taken at the San IJenito, ('erros(or Cedros), (Juadalnpe, Santa IJarbara, and other islands otf the coast of Ijower California, and also on the coast of the mainland. Thou;"'!! torinerly abundant at all these points, they have beeoiue nearly exterminatc'd by the indiseriininate and jiersistent attacks of the seal hunters. T'ntil recently the furs* il . off the Lower California noast were supjxtseil to be the same as the Ai iska spe(;ies, but Dr. Merriani has re<'ently obtained skulls from the old kill- Ai'.i's'.kVsl !li'. " "'" ill};' ftionnds on (luadalupe Island which show that it is not only aditterent, and :• - v'eta piobably undeseribi'd species, but that it is referable to tlie f^emis Arctocciihalus, n(»t previ(tusly known to o(U'ur north of the equator. It is resident the whole year oil" the California coast, and i«'sorts to the caves on roMHM.i'raiilmiiia!''' the islands it frecjuents to briny forth its younji'. In these respects it resembles the fur-seals of the Cfilapajios Islands, to which it seems to be closely related. The following;' historical notes may be of interest in the present con- nection : In 1825 Ca]>t. lienjamin Morrell cruised aloiif>' the west coa.stof Mex ico and California in search of fur-se.als. Under date of May 20, 1825, he writes that he arrived at Cape Blanco, in latitude 42^ 49' X. "Between this ca])e and that of Mendocino, which is in latitude 40° 17' N. . . . there are many small islands and rocks, some of which lie 3 mih\s fnnn the main. On these islands or keys I expected to tind fur-seals, whereas I found them all manned with Russians, standinj; ready with their ri tics to shoot every seal or sea-otter that showed its head above water." (Miurell, Voyajnes and Discoveries, p. 212.) Continuing southward, " perceiving little jtrospect of taking fur-seals on any part of the coast which the Russians have monopolized," he reached Socorro Island, in latitude 180 53'N. "At C a. m. the boats were despatched to ^™"""^'''""''- examine the island in sear<'h of fur-seals; but returned, after a faithful inspection, without seeing more than twenty animals of that species. They saw about 300 sea-leojiards and 1,500 hair-seals." (//>/>/., ]>. 213.) He visited Guadalupe Island earlier in the season and says: " We lay here three days, during which time we took a numb '^ of lur-seals.". A few days later he visited Cerros Island, aisd sent out boats to search the island, but neither sbk^s nor sea t'lephants were seen. lie says: "There are many tine tish to be caught around this Voyiifio of Ciiptaiu Monoll in IH^."). Coast of Mexico and Cnlifoniiii. (March 27-31), (iiinilnliiiiu Lslaiul. Ct'iros Tslaiid. \ ft! 374 ARTICLE UY niJ. J. A. ALLEN. i,i„ ; iJiiiil Criiizn.s Island. Isliinils (list. (.'Iriii- (111, SI. Uaibiini. St. Kosii. 1111(1 SI. Mijf.' ■!. siiys " without Fiiralloii Islands. isliiiKl, antl it was (onnciiy a jjrcat ro.sort for sca-clepliants and fur- s<'al;; Init it now appears to lie cntiivly ahaudoned by tlicse animals." (//>/h he saw a few sea-elephants and many "sea-le(>i)ards." On May 11 he ariivcd at the Farallon Islands, of which he says: "Many years ago this place was the resort of numerous fur-seal, but the Kussians have made such havoc among them that there is scarcely a breed h'ft. On this barren rock we found a liussian family and twenty-three Co- diarks, or Northwest Indians, with th«'ir bark canoes. They were em- ployed hi taking sea-leopards, sea-horses, and sea-<'h'i»hants for their skins, oil, and flesh, the latter being jerked for the Kussian mar- ket on the Northwest Coast." {Ihid, pp. 10.S, 110.) Captain Scammon refers to the former oc<'urrence of fur-seals at San Benito Islands and on the " coast of California," where, he says, "many beaches were fountl fronting gullies, where [fur] seals in large numbers formerly gathered ; and as they had plenty of gi-ouud to retreat upon, the sealers sometimes drove them far enough back to make sure of the whole herd, or that i)ortion of them the skins of which were desirable." (Scammon, Marine Mammalia of the Northwest Coast, pp. 152, 154.) Unfortunately Captain Scanimon's account gives no delinite datv^s, but the period referred to must have been prior to the year 1850. lie also refers, in Mr. J. Ross Browne's " Resources of the Pacitic Sl(»i)e" (p. 128), to (iuadalupe and Cerros Islands as having been ftninerly favorite resorts of fur-seals and sea- elephants. San JSvnito Islands. 8. Ji'AN Feunandez Fur-Seal Arctoceplmhta plnl'q)p\i (Peters). ITahitnt: Islands of Juan Fernandez and Mas-s'v-Fuera, and probably the coast of Chili and adjacent islands. Probably, also, the St. Felix Gr and the Galapagos Archipelago. The above name was given in 18()(i to the fur-seal of Juan Fernan- dez and Mas-ii-Fuero. AVhether distiiu^t from the fur-seal of Pata- gonia, Tierra del Fuego, the Falkland, and other islands to the south- ward has not as y(^t been satisfactorily determined, owing to lack of good series of si)e('iinens for comparison from these ditterent localities. While formerly abundant at all the localities above named, it has for many years been practically extinct, commercially considered. 9. Southern Fur-Seal, Arctocephahia auatralin (Zimm.). Hahifat: Southern coasts of South America, from the southern border of Brazil and Chili southward ; also Falkland Islands and Tierra del Fuego, and probably also the South Shetland and South Georgian Islands and the Sandwich Gnmp. Formerly imnieuse rookeries of this species existed at many points within the area above given as the habitat of the siie- Kxcrssn.imntinK. ^j^^^ ^^^^^ ^^. ^^^ i,„„to(i by the scalcis ahiiost to extinc- tion during the half century ending about the year 1835. At the pres- ent time too few are found anywhere to render the pursuit of the animals profitable. SYNOPSIS OF PINNIPEDS. 375 The Soutli Slictliiiids are iiotod for tlu^ superior quality of fur-seal skins obtained there, and it is not iniinobable that an examination of specimens from there and from the South (ieorgian Islands would show them to be speci- tically separable from the Falkland Island and Pat- iiyoniau species. Siiiitli Slii'llaiiil Ls- laiiils. Si III 111 Ueui'giaii Is- IhuiIs. 10. SouTU Afhicax Fiu-8i;Ar,, Arctovephahis dclnlantJi (CiTay). Habitat: Shores and adjacent islands of the west coast of Scmth Africa, north to about latitude 28° S. ; also Tristan d'Acunha and (Jou.nh Islands. TIm^ slaughter of hundreds of thousands of these fur-seals tor their skins during? the early part of the present century brought the s])ecies to the verge of extinction. Of late years the snuiU remnant existing on the west coast of Cape Colony have been preserved from extermination through the protection of the Colonial Government of Cai>e Colony. The fur-seal of the Tristan d'Acunha group an, Voyages, p. 307.) The following, from Capt. Edward Fanning, who had a long personal experience as a sealer, gives some additional infcama- b ATirVaniiintr''*''' ^ion relating to the fur-seals of the same region as the ■* '"' ' '" ' "' i)receding: "The clap-nmtches seldimi have more than one young at a time, although sometimes tw(»; it is at this season par- ticularly that the wigs (old males) are very savage, never hesitating to fly at an ventures to approach them. They live upon lish and marine productions; st(nies also have been found in their maws. . . . They migrate, and with the season return to the shore and herd in rookeries on the rocks, and in the gul- lies, returning to the water again when the season is over; at this time the animal is very lean, so much so that the skin has become very l(»ose about it; nothing m«n'e after this is seen of them until the fol- h)wing season, when they are to be observed coming up again to the shore exceeding plump and well-filled; where they retire to to get so fat is something 1 never couhl understand; it is also true that they have been met at sea shortly befoie going (Ui sh<«'e in large shoals swimming through the water towards their haunts, much like a shoal of herring-hogs, or i)ori)oises. In calm weather and a smooth sea they have l>een seen floating along, hundreds tog«'ther, and asleep, with but the nose and two of their Hijipers sticking up out of water, which at a distance api)ears like the trunk of a tree with its roots aihtat; when caught thus asleep they can easily be taken by the har- p(»on (U' speai', by approaching them silently." (Fanning, V(>yages, pp. .'{.■)(», li.'jS.) Capt. Benjamin Morrell, in his "Narrative of Four Voyages to the v.icmiit of habits ^outii Sca," et(^, duriug the years 1821 to 1831, mainly hv ' ('!ii)t. '.Moiiiii for the (*apture of seals, makes freipient reference to '*^-' '**"• their habits, from which the following, relating more especially to the fur-seals of Staten Land, is taken: "These ami)hibi- ous animals come on shore in the month of Noveniber to bring forth and nurse their young . . . where they remain until May. They often form their rookeries 100 to 200 yards from the water. They bring forth and nnrse their young as the canine species do, and for two weeks after I heir birth the young ones are as helpless as canine pu^is of the same lii SYNOPSIS OF PINNIPEDS. 377 ago. The art of swiiimiiiig, it ii]»iioai's, is not tlieirs by instinct, as tliey know nothing about it until taught by their i)art'nts. When thoy are three or four weeks old the mothers drngtheni to the water by the neck and give them their tirst lesson in the science of a<|uatic locomotion. They copulate on shore, and the female goes about ten months with young. According to the best calcidation 1 can make they seldom pro- duce m -re than one pup at a birth, and uever more than three; and the young ones uever come . (};}, (id.,) The same writer further says: "The striking disparity of size be- tween the male and feuuile is also worthy of remark. „. .. .. The large male is about t teet lu length, wlu-reas the fenude uever exceeds 4 feet. The large males are not the most nunuT- ous; but being the most powerful they are enabled to keep in their l)Ossessions all the females. At the time of parturition the number of uuiles [leffe fenuiles] attending one female [lef/c niale; obviously there is hore a transposition of terms] is in the ]»ro]K)!,ion of about one to a dozen; a ]»roof that these animals are the great«'st polygamists in the world, not even excei)ting the Turks. Tlujt they are gregarious and social is evident to the jnost sui»erlicial obseiver who surveys their rookeries, where they herd together in classes and at dittereut ju'iiods. "Warnu'dby thecheeriug iutiuenceof an antarctic spring, the nudes of the largest size go on shore about the 1st <»f Novi n- ber, corresponding to our May, and there await the arri- '^"-'■"'"" ■"^^'■'''*- val of the females, which happens abcuit the 1st of Deceud»er. This, of course, is an annual assignation and o( curs, as regularly as the migra- tion of our northern shaart- uer is unrendtting in his cares to afford her protection, . . . urchension of danger from their new guests than did the natives of San vSalvadiU'when first visited „t^fl';lt"''''""' "'' """ by the Spaniards: and the confi(h>nc«' of the ])(M)r seals is requited in the same nnniner as theirs was — by robbery and uuu'p{i;iiilic)n (if hi'iiIm. '■I>1 378 ARTICLE HY DR. J. A. ALLEN. I l: selves into tlie water the iiKnnent they perceive tlie ajiproach of theii ui'ch enemy. " Wliih^ eiieaniiH'din tlieir rookeries three or four sentinels are always s.iiiiii.isi..>«i(..i bv I'O'^ted to keep a lookout while the others sleep; and sjais tor siir'piotLi:- the moment a boat niak«'s its ai>pearaiu'e, though it bo """• a mile from the shore, these faithful watchmen promptly give the alann, when in an instant the whole rookery is in motion. Every one makes for the surf with all possible expeditifm, so that by the time tlie boat reaches +he shore they will nearly all be in the water, with the excei)tion of a few females that have pups or young ones to take care of. These will remain to defend and i>roteet their charge until the last monuuit, when, if hard pushed, they will seize their pui>s by the back of the neck with their teeth and dive into the surf, where tlnjy are obliged to hold the heads of the pups above water to prevent their suffocation. * * * The males, many of them, will also stand their ground aud tight very hard for the young seals; often they Mill perish in the noble cause. * * * " When excited their motions are very quick, like the Hash of a gun on touchingthematch; hence the name of c/rt^>wrt/(7<, which sailors apply to the female. In pursuit, their speed (on land) is nearly etjual to that of a ntan, and much swifter on the rocks than could be anticipated from their appearance. " About the latter end of February the dog-seals go on shore. These , are the young male seals of the two jtreceding years; "'^'"^'"'" but,owingtotheiryouthand inexperience, are notyetal- lowed to attend the pregnant females or " clapmatches." The purpo.ses for which they now seek dry land are to shed their coats, and give the new-starting crop of line hair a chance to grow. By the 1st of May these objects are eflected, when they again take to the ocean, and are seldom seen near the shores again until the 1st of July, when they ap- l^ear and disappear alternately, without orwerful they keep in their possession all the females, to the exclusion of the younger branches; hence, at the time of parturition the males attending the females may be computed as one to twenty, which shows this to be, perhaps, the most polygamous of large animals. They are in their nature completely gregarious, but they tlock together and asscnd)le on the coast at diflerent periods, fc 1 and in distinct chisses. The males of the largest size L»a iig o Sea a. ^^ ^^ shore about the middle of November to wait the S?N SYNOPSIS OP PINNIPEDS. 3?9 Ni ys I arrivnl of the fomalcs, which of iiecossity soon follow, for tlio purpose of briiif^iny forth their youiiy. These in the early part of December begin to land; ;in(l tliey are no sooner out of the water than they are tiiken possessicni <)f by the males, who have many serious battles with each other in i)rocuring their respective si'raglios; and, by a peculiar instinct they Ciirefully protect the females and their charge during the whole period of gestation. "Uy the end of December all the female Seals have accomplished the purpose of their landing. The time of gestation may be (H)n8iderearently with great affection. Uy the middle of February the young are able to take tlie water, and after being taught to swim by the mother they abandon them on slnne, where they remain till their coats of fur and hair are completed. During the latter end of February what are called the dog- seals go on shore; tliese arc the young seals <»f the two preceding years, and such males as from their want of age and strength are not allowecl to attend the pregnant females. "These young .seals come on shore for the purpose of ren<'wiiig their annual coats, which being done by the end of A])ril, they take to tin' water, aud scarcely any are seen on shore again until the end of June, when some young males come up and go ott" alternately. "They continue to do this for six or seven weeks, aud the shores are then again abandoned till the end of August, when a herd of small young seals of both sexes come on shore lor about live <»r six weeks; soon after they retire to the water. The large male s«'als take uj) their places on shore, as has been before described, which completes the in- tercourse all classes have with the shore earance, be less than thii-ty years." (Weddell, Voyages, pp. 137, 140.) The following recent account of the habits and breeding places of the southern fur-seals is from the aflidavit of ]Mr. (leorge . *.•.■•. ,, 1 ,. i 1 • • • . ,-«» 1 Account ot liiildts, Comer, whotortenyears,begiuningin b^«9,wasengaged by Mr. gcoijio in sealiugin the southern liemisi>here. He spent fourteen months at a small island, called by the sealers West Clitt", Chile, about 100 miles north of the Straits of Magellan. The shores, he says, of all the many seal rookeries he visited, " are of mvich the same character, row beach line, from which cliffs rise al)iuptly to the height of 75 to l."»0 feet. Through these are narrow itrevasses in the rocks or small raviiu\s, where streams flow into the sea; it is at such points the seals are to be found. The! animals clamber up these rocks, often going where it is impossible tor man to go. The climate of these localities is i)eculiar. The sky is constantly overcast, and during the summer the average temperature would be between M° and 4."»o F. Kain falls lu'arly every day, keeping the atmosphere constantly moist, but no hard storms take plac«^, the rain 'illing in misty showers. "During the jourteen months passed at West Clitt", heretofore men- Loiifti'vltv. Comer. West Clitr ImIhuiI, Cliilc. There is a nar- •m "4 3S0 ARTICLE I5Y DR. J. A. ALLEN. 1;it-:! Tlicrc is very littlo winter and snnnm'r. tioiiod, I had an excellent opjiorfunity t;> examine an«l stndy tlio seals whieli treqnent that coast. Alonji' the coasts iind islainls nenr Ca|»e Horn snow does not fall to any extent, and never remains for any h'ngtli of time. No ice forms alonji' the shore. It ots. u ditt'erence in the temperatnre <»l The seals inliabitin;; these shores do not migrate, hnt always remain on or near the land, only {?oin}»" a short distance in seanrh of food, .and at all seasons and in every month of the year seals can be fonnd on sh(n'(\ Towarmatch ' gives birth to oidy one pu]>, except in rare instances, when she has two. 1 never saw but one case wlier*' a ' <'la])matcli ' had more than one jmp at a birth. Within a few days after the birth of the pui>, the ' claiunatch' is served by the ' wig.' After being served, the ' wig' lets her go into the water to feed, as she has to do in order that she may nurse her pup. " The pup when born weighs about 4 or 5 pounds, and is covered with shining black hair, beneath which there is no fur. When four or Ave months old, this black hair is shed, and a new hair of a brownish-gray color comes out, and the far appears with it. A pup does not go into the water until he is three or fonr months old, '.ind then he works gradually fi'om the puddles into the surf, and 1 have seen 'clapmatches' in stormy weather pick up their pups in their mouths and carry tliem out of rea(;h of the waves. . . . Until the ]»up sheds his black hair, he is entirely dependent on his mother's milk for susteimnce. ... A black ])up walks on all fours, raising his body moi^e from the ground than an oldcM- seal. . . . All seals can move very rapidly on land when forced to do so, and seem to have remarkable powers of land locomotion when the formation of their nippers and body is taken into consideration. "The young 'wigs,' or nonbieeding males, not beirg allowed on the rookeries, herd by tliemselves ami never molest the harems. They go into the water, but during the breed- ing season hang around the rookeries, never going far from shore. " About the 20th of N()vend)er we used to begin killing and up to that time the ' wigs ' had never left their positions to feed or driidi. 1 do not know how much longer they would have staiigantic sea-elephant or elephant-seal, whicli attains a h'Ufith of more tlian 20 feet, and a weight of probably over 2,(KM> pounds. The seals, uidike the walruses and eared seals, are of almost world- wide distribution, being found on the (ioasts of nearly all ciamtries, excei>t within tiie troincs; they also as- '"'"'''"» |>" i""''^ cend many ot tlie larger rivers for long distances, and occur in sarative scarcity and small size, it has never been of much commercial importance. 2. RiNGKi) Seal, I'hoca fovHdaFnhT. Habitat: North Atlantic, from the coasts of Labrador and Finland, northward, Bering Sea and the Arctic seas generally. m m 382 ARTICLE HY DR. J. A. ALLKN. mm iitii Tlu' home of tlic riiijjvd-sciil is iilinost ('xclnsively the iny seas of tlu' iiortli. It is essentially a littering Sea. The harp-seal, known also as the saddle-back, white-coat (when young), Greenland seal, etc., is by far the most imi)ortant comm<'r<'ially of all the true seals, being the principal basis of the Newfoundland and Jan Mayen seal fisheries. It is of medium size, having, when adnit, a length of 5 to <» feet, aiul a weight of (»()() to 700 pounds, or a little mor<^ when in prime (iondition. It is prei'minently gregarious, migratory, and pelagic. It is nowhere a ])ermaiient resident, and aniumlly traverses a wide breadth of latitude. Although (jften met with far mi)aet herds. During the last century sealing was carried on from the shore in a ^. ,. . ., ,,,,, small way in the Gulf of St. Lawrence and oft" the coast of St. Liiwri'iuo ami ot Newfoundland. Early in the present century small vessels began to be employed and the vsealing industry rapidly increased in imi>ortance, and by the year 1820 the annual catch exceeded 200,000 seals. From 1830 to iSoO the annual Newfoundland catch varied in 0, the largest re<'orded catches being about r)SO,0(K>, in the yearsl831, 1844, and 184G. lu recent years the catch has varied from on tlif coast oC New foiinillautl SYNOPSIS OF riNMI'KKS. 3H3 close tiiiit! iidopttid. ab(»ut2(M),(HM> tor)()0,0(M), miu'h (U'noiuliiig upon the season as rojiaids storms and the condition of the ice with refcieiuH' to the aee«'ssiliilil.v of the bieedin;;- resents of the seals. There has, however, of hite years been a {•nuliial decline in the lunnber of seals aiinnally i>rocured, and a larj^er i)rop(trtion of the vessels en;>a}»'<'d make losinj;' voyages. Sin larger vessels have been employed than was foimerly the case, and since 1.S70 sailing vessels hav«' gradimlly given place to steamers. There has been admittedly a gicat de(!lin«' in recent vears in the nnndiers of seals breeding on the floating ice to the """"'' '"' "'"' '"''''• «'astward of Newfonndland, and in order to jdace some restriction on the number killed a date has been Hxed prior to which sealing is illegal. The .Ian Mayen, of "Gieenland" seal fishery, based on this species, is next in importance to that of the ice fields east of >«'e\vfoundland. It is mainly limited to a (drcuhir area of ,.;['|,',', . ^^''V" ''^'"' about 400 miles in diameter, with Jan Mayen Island as ^'"■^' the central pt>int. The annual catch for many years averageil about 200,000 (chiefly young seals, or "white-coats"), taken principally by JJritish, Norwegian, and German sealers As eaily as the middle of the eigliteenth century the Jan Mayen sealing industry had already attained considerable inipoitance, the catch nundiering upward of 40,00() annually. It began to decline about ISTO, and soon after the matter of instituting an international close tinu' was agitated. SucHi a ch»se time was finally adopted in l.S7(>, to go into ettect the following year, fixing the '.id day of Aju-il as the beginning of the sealing season. The rapid increase in the sealing fleet from l.S()0 to 1.S74, and particularly the increased use of steam vessels, while the catch steadily declined, showed that the then prcv^- alent system of indiscriminate shiughter was surely ruining the seal fishery. Mr. Southwell, conunenting on the (iontinulng decline and on the fact that most of the vessels engaged in sealing in 1884, at l)oth the New- foundland and "(ireenlanil" (Jan Mayen) grounds, incurred more or less loss, says: "It is not surprising, therefore, to find that the Xew- foumlland sealers closed the fishery earlier than usual, and that the thoughtful men like Capt. D.Gray sliould plead for an extension of the Greenland close time. As I said before, it is probable that a large number of the young seals which were ]»rodu('ed on the Newfoundland ice this season es(;aped; this, however, was a mere accident, and rarely happens; but in Greenland it is not likely that any of the brood for several years past (with the excepticui of the season of 1882) have escajK'd. Althoiigh the ch)se time wliich came into operation in 1877 has somewhat retarded the externu- iusi!iml,ic*ut!'"'*'' """ naticm of the Greenland seals, it is evident that some- thing else is required; and Captain Gray, in a circular letter which he had issued to those, interested, advocates an extension of the (dose time to Ai)ril 10, and that hooded seals should not be shot after souui day in .Ii ly, after which they were out of condition ard valueless. This, doubtless, would have a very beneficial ettect, but I venture to think that more is required." (Thomas Southwell, zooh)gist, 1885, pp. 84, 85.) I The history of the Newfoundland and Jan Mayen sealing grounds shows that unless great care be used to check indis- criminate and wasteful overkilling, through the rigid ..eHiary.'''''"'""""""' enforcement of a Judiciously limited close time or by othei- means, these once apparently exhaustless sealing grounds will become so depleted of seal life as to be no h)uger of commercial impor- tance. Formerly great numbers of harx) seals were taken by the 'A »;ii .■ilii|iT:3I ■' f nl£. '1*1— li .* 3S4 AUTICI^H MY DR. J. A. AI.LEN. WliltL'Sua. Kot'ii /('iiil)lii. iiutivM's iilonj;' tlic wt^st (!<»iist of (Irci'iiland, tlir iiiiiinal catcli Ifor many years avei'aj;iiiji' about .S0,((00 arals. This species lias also been the basis for centnries of a more or less important Seal fishery in the White Sea, where it has been earried on by the Knssians from time immemonHJ. Many have also been taken about Nova Zembla an(l in the Kara Sea. 4. Casi'Ian Skal, I'hoca caspica (Grm.). Ifahitat: Caspian and Aral seas. This aninnil is about the size and f>eneral apperrance of the harbor- seal. It gathers in huge herds on the shores of these inland seas, as well as on Hoating ice, and eonstitutes the basis <)f an iniportant seal fishery, formerly the average yt»arly catch beinjj- about 13(),0(M) seals. The seals are mostly killed on land, altlnmgh some are taken on the ice And also many in nets. Tiiey resort to the shores in spring and autumn to rest and bask in the sun, arriving in immense herds. The hunters then approach their resting place in boats, disembark noiselessly, and form a line in order to cut ott" the retreat of the seals. On a signal from the iled up to tbrm a wall, depriving the survivors of every chance of re- gaining the sea. The whole herd, to the number of many thousand, is then nuissacred. These sealing grounds are held by the Eussian Government, which „ , , , , derives an annual income from the sale of permits for Mu ^ seal-hi'ittiug in the Caspian Sea. 5. Lake Haikal Seal, Phoca aiberica (Gmal.). ITabitat: Lakes Baikal and Oron. This is a small seal, somewhat related to the ringed-seal. It in- habits Lake IJaikal and the neighboring Lake, Oron, and is said to be common in these waters. A few are shot by the native hunters in summer, when they resort for a few weeks to the rocky shores of the lakes. In March and April some are also taken in nets placed over their breathing holes in the ice. It is not, however, a siiecies of much commercial importance. 6. Ribbon Seal, Pftoca/a8ci«/« (Zimm,). Habitat: North Pacific and Bering Sea, from the Kurile Islands and coast of Alaska (north of the Aleutian Islands) northward. This species is about the size of, ami somewhat resend)les, the harp- seal. It is not numerous and has uever had any commercial imi)or- tauce. II.— Qenus ERIGNATHUS QUI. 7. Bearoed Seal, Erignathus harbatus (Fabr.). ITahitat: Arctic coasts, south in the North Atlantic to Norway and (probably) Labrador, and the western coast of Siberia (Plover Bay). This is (me of the larger species of seals, and while of great value to the Eskimos of Greenland and Cumberland Sound, it is not numerous enough to be of commercial importance. ^1 n SYNor.SIS (W I'lNNIPEDS. 3H5 III.— Oenus HALICHCERUS Nilsson. 8. GuAY .sKAL, JlalicliirniH tivjipnn (Vnhr.), Habitat: North Atlantic, from simUIhmii (rrcciiliuul to Novn S«'otiii, aiipai'ently never been suliiciently numerous to be of any couunercial value, at least not within the pres- eut ceutury. 10, \Vk8T Indian Seal, Monavhits 1ropivultn (Gray). Habitat: Formerly Gulf of Mexi(!o and Caribbean Sea; at present nearly extinct. Two centuries ago this large seal was abundant at various islands in the Caribbean Sea and Gulf of Mexico, its habitat foimerly extend- ing from the islands olf the west and northwest coasts of Yucatan south to the Bay of Honduras and eastward to Jamaica, Cuba, the Florida Keys, and the Bahama Islands. It has, however, been i)rac- tically exterminated for probably lot) years, and uj* to about I.S82 was almost unknown to naturalists. Since that date enough specimens have been procured, mainly at The Triangles (ott'the coast of Yucatan), in December, 1886, to sujtply several of the leading museums with ex- amples of this exceedingly rare animal. In respect to their former abundance, Sir Hans Sloane, in his great work on the ^Natural History of Jamaica, publisiied in 1707, says (Vol. i, Introduction, p. SS): "The Bahama i""''-""" i'''""'!^- Islands are filled with Seals; sometimes Fishers will catch 100 in a night. They try or melt them, and bring oft' their oil for lamps to the Islands." At the Alacran Islands, situated about 75 miles north of the coast of Yucatan, they existed two hundred years ago in ^^^ ^ great numbers. Dampier, visiting these islands in 1675, says: "Here are many seals; they come u]) to sun themselves only on two or three ishands. . . . There we anchored and lay three or four days, and visited most of them and found plenty of such Creatures [Sealsl as I have already described." He further states that there is here "such plenty of Fowls and Seals (especially of the latter) that the Spaniards do often come hither to make Oyl of their Fat, upon which account it has been visited by English-men from 19 ;:^ I li m sill 38G ARTICLE UY DIl. J. A. ALLKN. Jt •laiimica, )iiii'ticu]in'l,v liy C.iptain liOii;;-, wlio, linviii^' tlic coiniiiiiiHl ol'ii niiiall Kiirk, ciiiiio liitlit'.r iMiiposcly to iiiiikc, S('a-(),vl,iiny a lu'ico Noith- wiinl, whirh bU'w his IJark ashore;'' Imt he afterwards re[)aiie(l his vesMel, lilled his easks with oil. "and ladinjt' his Oyl . . . went im^riily away for Trist." (DaMi[Mer, Voyage Round the World, ii, pt. 2, 3d ed., 170."., pp. 2;{, 24. These few «'xtraets seem to eonjpr ise about all that relates to the early history of the West Indian seal — eiionjih to show that in"C!s.'.!u"""'^^''''''i<^ was'abnndant at loealities widely separated, and that it was prat'tically destroyed at a very early Kli HK\i., Cystopliora crinlata (Kv%\). Ihihihit: North Atliiiiti«' iiiul An-tid soiis. It raiijit's oastwanl fVom (irccnliind to SpitzlMTj-cii, iiiid aloiij;" t\w Awt'w coast of Kiii'o|K%l>iit is ran'ly loiiiiil soiitli ol'soutlu'in N<»rwayiii Muroin»oi'soiitliof Nowroiiml- laiidoii till' Aiiicricaii sidf ot'tlu' At|aiiti<', tludi^li Hoiii(>tiin(>sstra^{;liii}>; south in winter to Nova Srotia and Maine, and even to Ne>v York. Tins species is known connnonly in seah-rs' parlance as the hood- seal, i>onnet seal, bladder-nose, and l)Iadder-seiil, from the intiatable sac covering;' the nose in the adidt male. Ir is a lar^e aiunnil, and for this reason is nnich hnnted for its oil. It is mi^^ratoiy and pelagic, pre- lei'riny thi' diiff ice of the hi;;h seas to the vicinity of the lainl. !t brings forth its yonny late in March, fii)r this pur|)ose resortin;;' to the tloatinj; ice. In habits and {^eojiraphical distribution it thus resembles the har|>-seal. Tliouyh found on ueiKl'borinjj: ice tloes, the two species are said to rarely associate. In the annual sealiuj;' voyayes to the soaliiiff ^jrounds of the North Atlantic and .Ian Mayen waters many hood seals are taken alon;;' with tlu^ harps, but, owing to their much snuiller iiuuibers, they usually form no very important part of the catch. X.— Genus MACRCRHINUS F. Cuv. IG. ('ALii-oitNiA Ska-IClki'iiavt, .VttiroHiinuH ainjUHiironiria (G'lW). JIahitat : Formerly coast and islands of California, from Cape La/aro, Lower California (latitude 24"^ K»'),to Point Keyes (latitude .{.SO), a little to the north of San Francisco; now nearly extinct. It seems not improbable that the California sea-elephant formerly ranji'ed southward to the Cliametly and Tres Marias Islands, olf the western coast of Mexico, in latitude 21° ^,l„'.i:',"',•:||',;,,;,'i';' '^"''" to 23°. At least seals were rei>orted by Dampier as occurring there in 1<»8(}, but unfortunately his account is iusuHicient to render evident the exact species seen. There is, however, good evi- dence th.at sea-elephants wore tolerably aluindant during the tiist half of the present century at nearly all of the islands of the I'acitic (-oast, from about latitude 2.^° to .'58°, and that their subse(iueut practical ex- termination is due to the merciless slaughter of the professional seal hunter. Captain Scammon, writing about 18.52 (see J. lioss BrowiU''s " Ke- scmrces of the Pacitic Sloi)e," Ai)p., p. 129), says: "Seals and Sea elephants once basked ui>ou theslun-es s,'uM.",l»n.'"' ^''"'"''" of this isolated spot [Cerros IslaiulJ iu vast niunbers, and in years jtassed its surnmnding shores t«'emed with sealers, sea- elei>hant and sea-otter hunters; the remains of their rude stone houses are still to be seen in many convenient ])laces, whii^li were once the habitations of these hardy men." He says, in another connection (Marine Mammalia, p. 1.7): " Our observations on the Sea- Klephants of California go to show that they have been tbtind in mu'": "''"'•e male sea-elephant comes on shore the lat- ter end of August — the fenuile late in September, or about the 1st of October Wheu the males first come on shore they are so excessively fat that I have seen two from which might be produced a tun of oil; but after a residence of three months on land, without food, they become, as might be expected, very lean and emaciated. Abrait the middle of December, their young being old enough to take the water, the whole breeding herd leave the shore to follow where instinct leads them among the hidden recesses of the deep. About the Ist of January tue brood of the previous year come on shore to renew their coats; and in the midarturition and i>r<)creation. When the males tirst arrive the fat of three or four will make a tun of oil; but the average of both males and females is about seven to a tun. As they live, while on shore, entirely without food, l)y the middle of December they have become very lean, and their young being at this age able to take the water, the whide of the breeding herd leave the shores. »'A secon.t herd (v>me up about the middle of January for the luirpose of tlieir coat of hair; in March a herd of full -grown males IsliiiiiU in South racitic anil lutlism (M'l'iins. come up for the same purpose, and by the end of April every kind of them hi»,s returned to the sea." (Weddell, Voyages, p. j;}5.) Sea-elephants were formerly fouiui in great abundance at nearly all of the Oceanic- Islands south of the thirtietii parallel of south latitiule. Kerguelan Laud and Heard Island were especially favorite resorts for them. They were also abundant at the Falkland Islands, Sfcaten Laud, South Georgia, throughout the Tierra del Fuego Arcliipelago, on the coasts of Pata- gonia, and as far north or the Pacific coast of South America as Mas- a-Fuero aud .luan Feruiiiilcz. They also occurred in large numbers at the Tristan ecially marked to- ward the cl()se of the decade. It has been state*! that during- fifty years, beginniuf"; with tlie year 1837, not less than 17.j,0(M> barrels of sea-ele- phant oil were obtained from Kerguelan Land and Heard Island. As in later years, young of all ages as well as adults were taken, regard- less,also,of season and condition, the number of sea-elei>hants annually destroyed at these seal islands must have been in the neigld>orlio(»l of 40,000 individuals, or a total of probably over 2,000,000. At these islands certain extensive beaches are described as being in- accessible from the water on account of the boisterous seas which con- stantly prevail, while precipitous cliffs render it impossible to transj)ort the oil from these beaches to the vessels. Here great numbers of sea- elephauts annually haul up in security to breed, thus presiMving the species from extermination, which doubtless otherwise would hmg since have overtaken them. More or less sea-elephant oil has been taken annually since 1880, but the amount is small in comparison with the earlier o/serEiephnntr'*"^ years, owiug to the increasing scarcity of the sea-ele- phants. The oil is chiefly used for softening wool, and for other purposes in the numufacture of cloth, for which it is especially adapted. The above relates only to the operations of Americans, and eveir for these the published statistics aie far from complete (given principally by A. Howard Clark in Goode's " Fishery Industries of the United States"). When we add to this the enormous number of sea elephants that have fallen a i>rey tt) sealers of other nationalities, it is not a matter for surprise that these animals have long since been lu-actically extinct, commercially sj»eaking, except at the tew points where the physical surroundings afibrd them protection from their i/ihunuin enemies. GENERAL SUMMARY. Of the thii'ty-one species above eimmerated two are walruses, twelve are eared-seals (fur-seals and sea-liims), and seventeen are earless or true-seals. Of this number only the walruses, tlie fur-seals, the Sea Elephants, and four or ttve <>f the common seals hav'e ever been hunted for their commercial products, the others being too few in num- bers or of too little value commercially to reiuler i)ursuitof them profit- TT . • ♦ 1 1 ill able. In all cases where tlie killing has been unre- Unrestru'tod Kill- ...-. i • t • • i ,, ., iiift nhvays itads to stru'tcd auQ indiscriminate the species have sooner or extoiiniiuitidii. later been brought to the verge of extermination, the period required for their extirpation varying with the accessibility of their haunts. The small remnants still left of the former great herds of walruses owe their preservation largely to their high Arctic habitat, these ani- mals ([uite early disappearing from the more accessible parts of their former ranges. . The great lookeries of fur-seals formerly found on n)any of the re- mote islands of the southern In'inispliere and also about "' the coasts and adjacent islands of the soutliern i>or- tionsof the simthern continents, were, one after another, practically wii>ed out of existence during the first half of the present century, the supply of seal fur during recent years having come almost KxtiTiniiiittion Soutkerii Kiir SchIm / I (SYNOPSIS OF PINNIPEDS. 391 Decline of Uair, narp, anil llouded- ScalH. wholly from protected seal rookeries, and chiefly from those of Bering Sea. The sea-elephants, formerly almost as widely distributed in the southern seas as the fiir-seals, and also abundant on the west coast of Mexico and California, have shared „J„uSt"'*^ "'• the fate of the unprotected fur-seal rookeries. The hundreds and thousands of former days i>re now represented by only a few scattered individuals, except at a few beaches inaccessible to the sealers. The West Indian hair-seal was nearly exterminated long before its existence became known to naturalists. The harp and hooded-seals of the North Atlantic and Arctic Sea — the basis of the Newfoundland and Jan iVrayen seal tishery — formerly existed in such immense numbers that the supply seemed inexhaustible. During recent years, however, the catch has so greatly decreased as to seriously threaten the i>erma- nency of the sealing industry. The deterioration led . . ... „ .y , ,, 1 r- i- • J. i- 1 • • A- International nro- fliially to the adoption ot international provisions tor vision tor udoso xea- an annual close-time, which is likely to be made much *°°' more rigorous as time goes on. Fortunately for the persecuted seals, bad weather often interferes with the plans of the sealers, so that for several successive years they are unable to gain access to the great breeding resorts of the seals, which have thus opportunity for recuper- ation. Doubtless, if the seals of the icy seas of the north had been as easy to reach as were the fur-seal rookeries of the southern seas, they would long since have shared the same fate. "tf ' I PART II. FUR-SEAL HUNTING IN THH SOUTHERN HEMISPHERE. By Dr. J. A. Allen. Fur-seals formerly existed in j>Teat iniinbers aloug portions of the soutlieru coasts (►f South Anieriea, South Africa, xViistralia, and New Zealand, on tlie outlyinj;' islands off tliese coasts, and also on many of the pelajjiii' islands of tlie southern oceans. Seal huntinji" tor commer- cial imrposesbejiian liere dnriuj; the cl(»sing decades of the last century, and as early as the beji'inniny of tlie i)resent <'entury the industry had assumed Kij»antic proitortions. Tiie skins at this time, and for many years after, were taken to tlie Canton market and exchanged for teas, silks, and other well-known i)roducts of the Chinese Empire. The price obtained for the skins was small in comjjarison to their value in latt'r years, usually ranging from 50 cents to •'!!4 or $r) per skin. Yet the sealing business inovecl immensely profitable, and led to an indis- criminate and exterminating slaughter. One after anotlier of the popu- lous seal rookeries was visited and reduced to the verge of extermina- tion, followed by new voyages of discovery in search of new sealing grounds, which in turn were ipiickly despoih'd. Every seal that could be obtained was killed, regardless of age or sex. Tlie fur-seals gen- erally selected for their homes barren, volcanic islands, situated in stormy seas, often inaccessible except to the nutst venturesome, skillful, and hardy seamen. Tiie seals that escaped the hunters usually owed their jireservation to the inaccessibility of their haunts. Sealing first began in the southern hemisphire at the Falkland Is- lands about 1784. The immense fur-seal rookeries at the islands of ]\[as-a-Fuera and Juan Fernandez were ** "^^' tirst visited in 17J>3, where millions were taken during the next fifteen years. In the year ISOO the Sree im- provident; since, if the killing;' had been wisely regulated, tens ol thousands of seals might have been tak«>n annually at each of a dozen to twenty of the hirger rookeries without auy undue deerease in the seal population. In contrast to this may be cited not only the history of the seal rookeries in Bering Sea, but those at Lobos Island, JZml'vrot^timr Aueklaud Islan ;, and on the west coast of South Africa, where the killi.ig has been more or less stringently reg- ulated by the several Goverments to whose jurisdiction these seal rookeries pertain. lu the following pages a succinct general histmy is given of each of the principal rookeries and fiu-sealiug grounds of the Southern hem- isphere.^ FALKLAND ISLANDS. The firvSt cargo of fur-seal skins obtained at the Falkland Tslandp, or probably from anywhere south of the equator, appears to have been secured by the American ship States from IJoston, about the year 1784. In 17J>2 several vessels obtained full cargoes of fur seal skins at these islands, and they were visited by one or more vessels nearly every year as late as 1800, and subsetiuently at less freiiuent intervals till the pres- ent time. At the Falklands fur-seals were less abundant than at many of the islands off the coast of Ohile and elsewhere in the Scmthern Seas. Yet the vessels which tirst visited them seem to have found lit- tle ditWculty in securing good cargoes of fur-seal skins. Later the rookeries became nearly exterminated. According to the attidavit of Capt. James W. Bu Betseij, from Xew Y(nk, took l()0,00() seal skins to tha Canton market, nearly all of which were obtained at Mas-a- Fuero. He estimated that at the time of his h'aving Mas-ii-Fuero there Avere still left on the island between 600,000 and 700,000 Seals. (Voy- ages, etc., pp. 117, 118.) ' III coiu|)iliiig this istiitcment iiinch nso lias been iiiado of the statiHties and othor information first publisbtMl by Mr. A. J toward Clark, iii Pritf ^t. IMinvii (niiudf'H j j , ^ip.^Ofl-lji jf^ The earlier hist()ry isTiastMr upon rSita Mi-rt.mii V, YOl- thc autlioritit's jjiveu but the iutornTition relatinu; to tht^ rcc'ent history and jirt'sout condition of the Southern fnr-seal rookcirics is l>as(Ml on tht> alhdavits of masters of sealing ves- sels and others engaged iu liir-seal lishing or iii the I'ur-soal trade, taken by the Dox)artmeut of State of the United States. SEAL HUNTING IN THE SOUTHERN HEMISPHERE. 395 Capt. A. Delano, writinji' of the same subject, says: "When the Americans came to Mas-d-Fuero about the year 17J>7, and bejian to make a business of iiillin <•• Seals, there is no doubt but that there were 2,000,()0<) or 3,0(M>,(M)() of them on the island. I have made an estimate of more than ;),0(M),()00 that have been carried to Canton from thence in the space of seven years. 1 liave cariied more than 1(M>,(KM> myself, ami have been at tlie place when there were the people of fourteen ships or vessels on the island at one time killinj;' seals." (Narr. "Voy. and Trav., 1817, p. .{()(>.) It is therefore scarcely a matter for suriuise that in 1.S07, according to ( 'ai>tain .Morrell (Voyages^ etc.. _i). 1'30 ), "The business was scarcely woi'fh iblloWingT . . . in 1S24 the island, like its ueiijfh- bor, Juan Fernando/, was almost (Mitirely abandoned by these animals." In other words the Seals had become so nearly exterminated that there were not enough left to render tlie pursuit of them profitable. In later years the island has been visited at intervals by fur-seal hunters and small catches obtained. As late as 1S1>1 Capt. Frank M. Gattiiey states (atlidavit) that on visitinj>' the island for fur-seals he saw three or four hundred, and took nineteen, showing that a few are still to be found at Mas-a-Fuero. JUAN FERNANDEZ. The island of Juan l"'ernandez, situated a few miles to the eastward of Mas-a-Fucro, was formei'ly the home of innneuse nund)ers of fur- seals. Dampier. who visited this island in 10S;», says: "Seals swarm as thick about this Island of -lohn Fernando as if they had no other ])lace in the World to live in; for there is not a IJay or Rock that one can get ashore (m but is full of them. . . . Theseat John Feriiando's have Hue, thick, short Furr; the like I have not taken notice of any- where but in these Seas. Here are always thcuisands, I might say pos- sibly millions of them, either sitting on tlie IJays, or going aiul coming in the Sea round the Island; which is covered with them (as they lye at the top of the Water playing and sunning themselves) for a mile or two from the shore. When they come out (►f the Sea they bleat like Sheep for their young; and though they pass through hundreds of othervs' young ones, before they conu> to their own, yet they will not suffer any of them to suck. The young ones are like ru])i)ies and lie nuich ashore; but when beaten by any of us, they, as well as the old ones, will make toward the Sea, and swim very swift and nimble; tho on shore they lie very sluggisldy, and will not go out of our way unless we beat them, but snap at us. A blow on the nose soon kills them. Large shi])s might here load themselves with Seal Skins and Trayne Ovl, for they are extraordinary fat." ( A New Voyage Kound the World . Seal-hunting began at Juan Fernandez at the same time as atMas-il- Fuero, the two islands being but a few miles apart and the fur-seals fre(|uenting them belonging to the same herd. Owing to the early settlenuMit of tliis islancl (it had a population of ,'i,(KtO, according to Delano, in the year ISOO) the seals lu'obably found the island an un- ('(uigenial res(U't alm(»st l)etbre the sealing business fairly begsin, as Delano, writing in ISOO, says there were not then any seals on any part of it. ( Moyagcs and Travels , etc., 1' to a different species from that formerly so abundant farther south. The Galai)agos seals resid«' at the islands throughout the year; they are said to breed in caves and to bring forth their young at all seasons. The supply hen^ appears never t() havi' been abundant. Delano, writ- ing in 1800, says: "Tln'se islands afford some seals of both the hair and fur kind; and I think a vessel might i)ro('ure several thousaiuls of the two kinds, upon the whole of this cluster of islands, as all of them afford some." (Voyages and Travels, p. 381.) They A.ere fre- quently visited later, and (JaptainFanning states (Vovages, p. 410) that in 1816 he obtained th(MVl?;nnrriTrr--j |).354 .) In 1810 Capt. Edward Fanning took 14,000 fur-seal skins at SITMSrys. (VuyageSj etc., p. 411.) lie also speaks of having visited these islands in 180i and of "ffn(ting tluire a small fleet of American sealers, Ave ships and a schooner. {Ibid., p. 300.) While it is im- possible tti give even approximate statistics of the catch, the aggregate number of seals taken nuist have been large. At some of these islands small renuuints of the former herds still exist, as shown by the affidavits of Capts. Frank M. Gaffney and George Fogel. The latter states that in 1870 he saw at Chillaway thousands of fur-seals; in 1891, however, there were "no seals there worth men- tioning. " In December, 1891, Captain Gaffney saw only two fur-seals at St. Felix and St. Ambrose islands, where formerly they were so abundant. At Kees Islet (lat. KP 45' S., long. 75° 45' VV.) during a stay of two weeks in December, 1891, he obtained one seal. He says, however, that they still breed there, but that the Chilians go there and kill all that they can obtain, as has been the case for many years at other islands off the Chilean coast. Ilenc there is little opportunity for the recuperation of the seal herds. TIERRA DEL FITEGO AND THE PATAGONIAN COASTS. The group of islands south of Patagonia known as Terra del Fuego, with which may be here included the Diego Ramirez group, are cele- brated for the number of sea-elephants and fur-seals which they have :i SEAL HINTING IN THE SOUTHERN HEMISPHERE. 397 yicMed to coimneit'c, as arc also the coiistsjiinl ontlyinj;- islands of I'ata- g'ouia. Without going into details a8 to the fornier abundanee of fur- seals in this general region, it may suflii'i' to shov fhat at present the species is pra«'ti«'ally extinct, at least in a commercial sense. Says Captain JJiidington (aHidavit), great numbers were Ibrmerly taken on the east coast (tf Patagonia; at present there arenosi'als tlier<^ There are not enough on the I'atagonian coasts to ])ay for hunting tiiein. Jle says that in IHSl he took <}(M> fur-seals on the Western coast, at I'ictou Landing, in 1(S8!) he again visited this coast and obtained only four skins. At Tierra del Fuego and adjacent islands lii^ took i5,(K)0 skins during the season of ISTO-'Sl*; in ISIH-'Uii he obtained only !>()(>, and these came from another ])art of the coast. Formerly thousands of skins were taken there, " but the animals are practically extinct there today." Mr. George Comer states (anida\ it) that he si)ent the years liS7!) to 1882 about Tierra del Fuego and the coasts of I'atagonia and Chile, on a three years' scaling cruise. During these three years, he says, '' Our catch was 4,000 seals, li,0()0 of which were taken the lirst year, and we prai'tically cleaned the rookeries out." The testim1, he Avent on a sealing cruise to the South Seas, starting in sealing oft" the coast of Patagonia and sealing there and in the neighboring seas till the following JNlarch. lie says: "The seals are nearly all killed oft" down there, so that we got only abcmt twenty skins. It is no use for vessels to go there sealing any more. 1 was there twelve years ago on a sealing exiu'dition and the rookeries were full of seals. Now they are nearly all gon*'. They never gave the seals a chance to breed there. They shot them as soon as they came up on the rocks." The so-called " Ca])e Horn " catch, which presumably includes all of the fur-seals taken oft" the coasts of southern South America and the various outlying islands and archii)el- "'"' ""'' agos to the southward, from 1870 to 1802, aggregates a total of about 11,'{,000 skins, varying in difterent jears from about 17,5(K> in 1880 to less than 1,(M)0 in 1880, but averaging for the last ten years about 'S,ri{)0 annually. (Atlidavit of Emil Teichmann, of the London firm of C. M. Lampson & Co.) LOBOS ISLAND. The fur-seal rookery on Lobos Island, oft' the mouth of the Rio de la Plata and btdonging to the Republic of Uruguay, is one of the few that have escaped annihilation at the hands of the seal-hunter. Many fur-seals were taken here i>rior to 1820. Ca])tain INforrell ("Voyages, p. lii'k) found men stationed there to take seals,^ in 1824 aiul Cajitain Weddell (Voyages, j). 142), writing in 1825, refers to Lobos Island as being farmed out by the Government of IVlontevideo for sealing ])ur- l>oses, under regulations designed to prevent the externdnation of the seals. As evidence that the matter has been hmg managed with dis- cretion may be cited the statistics given in the atlldavits of IMessrs. Emil Teiclnnann and Alfred Fraser (of the firm of C. M. Lampson & Co., of Loiulon), which show that the catch for the last twenty years has averaged about 13,000 a year, or a total of some 250,000 fur-seal skins. This throws into strong relief the folly of tlu' exterminating slaughter of fur-seals that has Iteen waged unremittingly for nearly a century throughout the southern seas. ■iM 398 ARTICLK liV DR. J. A. ATJ.EN. SOUTH SHETLAND ISLANDS. The South Shethnids constitute ii uumeious fjronp of sjnall ishinda situiited iihout ;{(>(» miles south of ('ii|>e ITorii. Sciilinjif l)«'<>iui here in 1SH>, when the AmiTiean biij;' ntrsilia, fioin Stoninjiton, C(»nn., and an Knylish vessel from lluenos Ayres obtained earj;(»es of very tine fur- seal skins. News of tlu' dis(M»very of this new sealin,0(>(> fur-seals for many years to com<>. This would have followed from not killing the mothers until the young were able to take the water, and even tln'U only those which ap- peared to be old, together with a imtiKU'tion of the males, thereby dimin- ishing their total number, but in slow progression. This system is practiced at the river of I'lata. The island of Lobos, at the month of that river, contains a (pniMtity of seals ami is farmed by the Govern- ment of Montevideo, under certain restrictions, that the hunter shall take them only at stated periods, in ovdai to prevent extermination. The system of extermination wasimicticed, however, at the South Shet- lands; for whenever a seal reached the beach, of whatever denomina- tion, he was immediately killed aud his skin taken, and by this means, at the end of the second year the animals became nearly extinct. The young, having lost their mothers when only three or four , when Captain L5u«lingtoii took 30 skins, and ISIU, 41 skins. SOUTH GEOUaiA ISLAND. The island of SontU (ieoigia is situated about ;{()() niih's east of Cape Horn in about hjtitud«' o.-p soutli. When the island was tirst discovered s»'a-elephants and fur-seals were abundant on its shores. Capt. Edmund Fauninj;', of the Amerieau eorvett*' AsjKisid, visited this ishind in l.SIMI and secured a ear;io of ."iTjOOO fur-seals, and states that sixteen other vessels j)rocured, at the same island, between November, 1S(K>, and February, 1S(H, (m,(KM> fur seal skins, makiu<> a total of 11L',(KM) skins taken tln-ic in a sinjile season f F annin^', V'o}'affl's, p. 2D1)). The slaughter continued .) During nniny years following this lu'riod of slaughter t .mia-j^s^j, tlie island was rarely molested by sealers, but so few- seals had been left alivo that their increase was very slow. Captain Morrell, in November, ISliL', vainly searched its shoies for several days for fur-seals. (Voyages, p. r»8.) ('apt. .lames VV. Hudington states (affidavit) that on visiting the island in bSTt In* touk 1,4'A) skins, and that in 1S7.~) tive vessels secured (iOO; the next season (l.S7(!) four ves- sels obtained 110. The island was not worked again till .lainiary, ISiL*, wlien Captain Uudington took l.'»."» fur seal skins, ''none, however, coming from the old rookeries,'' which had become practically exter- minated long before. "The seals of South (b-orgia," says Captain Bud- ington, " are ])ractically extinct." (See also allidavit of Alfred Fraser, of the firm of C. 31. Lampson & Co., London.) Mr. George Comer who visited the island in ISSl and LS8(» asnuiteof a sealing vessel, says (atlidavit), ''VV^e heard reports of the inimber of seals formerly taken there, but we did not get a seal, ami saw only one." He took three there, however, in 1887, SANDWICH LAND. Early in the present century many fur-seals were taken at IJouvette Island and Sandwich Land, small islands a few hundred miles south- west of South Georgia, but when visited by Captain Morrell in 1822, he found not a single fur-seal at Sandwich Land, and succeeded in jn'ocujing only about 200 at Bouvette Island. (Morrell's Voyages, pp. '}S, 59, and GO.) According to Captain IJudington (atlidavit), in 1875-'7G, the southern island of Sandwich Land was searched unsuccessfully for seals, but about 2,000 were taken that season on the northern island, where also in the season of 187(i-'77 six vessels took about 4,000. The next year's catch, however, did uot exceed 100 skins. During the season of 1880-'81 the island was again visited but no seals were taken. In 1801-'l)2 about 400 were obtained and about 200 more were seen. Prior to 1871 the Sandwich Land gnmp of islands had not been worked for twenty-five or thirty years, during which time the seals had greatly increased in numbers and had become very tame. At first they were easily killed with clubs, but since 1880 it has been necessary to shoot them. Old and young were killed indiscriminately, only the young pujis being left, I It I is; ['Sp m •ii ^u 400 AHTICLE HY DH. J. A. ALI-KN. wljicli were killiMl by buzzards or died of stiiiviitioii. (Captain l'>iulin<;- top further adds that "seals in the Antarctic r«'yi(»ns arc piiK-tically extinct, and I have j^ivcn up the i>usiness as bcin^ uninotitabh'. The wliole aninuil eateh lor seven vessels has not exceeded 1',({(H) sKius for the iHst four years." TRISTAN DA (JUNIIA ISLANDS AND CiOVOII ISLAND. The Tristan group of ishinds, situated in the South Atlantic, about midway between South America and tlui Cape <)f (l<»od Hope, waslirat visited for fur-seals in L7!KI, by Captain I'atten, of the Anieiican scluMMier ItKlustrj/, of Philadelphia, who secuii'd 5,()00 skins. Larj;e numbers are said to have been subseipiently obtained there, probably mainly from the snialhM- islands of the yroup, Inaccessibh^ and Ni;;ht- ingale islands. The latter is a[)purently still fre(iuented by a few fur- seals. Gouyh Island, somewhat to the southward of the Tristan yioup, formerlv abounded with fur-seals. Captain Mm-rell, o.M.gh iHiami. ^vritin{r' in 1S21>, says: '"This island 'used to TrtTOmtrl with fur-seal and sea-elephants; but they were so much annoyed by their relentless persecuters that they have souj^ht more sate and dis- tant retreats, perhaps some lonely ishis in the southern o(!ean as yet unknown to that fell destroyer, man. These ])laces mi;;ht be easily found, however, if merchants were willing; to risk the expense of the attempt." (Vma g es, p. 3o(i.) Fur seals appear to have survived at (rough Ishiud, howler, tni the present time. Mr. (Jeorge Comer states (in his affidavit) that his vessel put six men on the island in 1.S87, where they renuiined nine months, taking- about forty ractically no seals there." PRINCE EDWARD AND CVKOZKT ISLANDS. The Prince Edward Islands are situated about 1)00 miles southeast of the Cai)e of (lood Hope. They formerly yielded a large supply of both fur-seals ami sea-elephants. About l.SOO ('apt. II. Fanning, in the American shij) Catlicrinc, of ^New York, obtaine; but, although he fonml an abundance of fur-seals there, he passed on to the Prince lOdward group. Later both sea-elephsrit-: and fur-seals were taken in largo numbers, seal hunting being ciimed on here for many years. At Pos- session Island, the largest of the group, Capt. Lindesay Brine, R. N., refers to finding, in 1870, ''hundreds of seals, which were resting on the damp grass bordering on the stream whiidi at this ])oint enters the sea." (Geogr. Mag., 1877, p. 207.) In 1887, according to George Comer (see his affidavit), a sealing party was left by him on these islands for five months, but they took only three seals. The English at Cape Town, says Mr. Comer, had recom- mended us to go there, because they said that " formerly they had taken a great nubiuer of skins there." Crozet IsIamU. J rj <||AL HlJNTINii IN TlIK SOl'TIIEUN HKMISI'IIERE. 401 KKIKa'Kl.EN LAND. This liM'K*' isliiixl. also known as l)<>solation Island, wliich lies in tlie soiitticrn Indian Ocean, in abont latitndc V,P H., and in alxint lon|{i- tndf <»l>o K., Inis lonj; lu'eii crh'bratt'd for tlie yieat numbers of sea- elcplnints tnkcn tli< It lias also furnislicd a small supply of fur> seals. Healin^r Im ^.ui heie as early as 1 seals, praeti«-ally all there were; and this was the increase for thirty years fiom 1800." Heard Island, about .'500 miles south of Kerfjueh'U Land, which has been a notess, and other early navigators.' A little later, stim- ulated by these reports, the adventurous sealers discovered an appar- ently almost inexhaustible sup|>ly of these animals on the numerous small islaiiils oil' the southeastern coast of New Zea- land. Ucu'der's Island was discovered by Cai)tain IVn- dleton, of the American brig Union,, (»f New York, in 1802. Although he reached here toward the end of the sealing season, he secured some 14,000 fur-seal skins. He also visited Antijiodes .,,,.., Islands, where he left a crew of men to take seals and " '''"* '" await the return of the vessel from Sydney, New 8outh Wales, which, however, was lost on a subseciuent cruise to the Feejee Islands. On the receipt of this sad news at Sydney, " Mr. Lord chartered a ship and j)roceede«l with her to the island of Antipodes. At this place the oHicers and crew whom Captain Pendleton had left there had taken and cured rising of 00,000 prime fur seal skins, a parcel of very su- perior «iuality." ( Fanning, Voy ages, ^tc i>. '.i^^ti.) Polack states that INFacipiaric fsTaiid was discovered by a sealing master in 1811, who pr(icur«'d there a cargo of 80,000 seal skins. ( Polack, New Z ealand, ii, p .'i76.) JMr. A. \V. Scott states^mt' tnttormTTCtOTrlttriiished by a professi(mal sealer named Morris: "In New South Wales the sealing trade was at ' For a «letiiil«Ml compilation of these early accuuutH, see Clark (J. W.) in Proo. Zoiil. Sot'. Loudon, 1875, pp. 653-658. .hi 402 ARTICLE BY DR. J. A. ALLEN. ■ ! I!"' liis licifflit from ISIO to 1820; the first systciiiiitic pioiiiotcrs of wliicli were tlie Syiliioy tiriiis of ('iibl«>, Lord, tS: riulerwood, KMlry i^ -loiios, Jlivnic. 1111(1 Iloiik & Caii»i)l»ell. . . To so gn'wt an extent was tli.s iiMlis<'iiminat(' killiii};' caiTied that in two years (1S14-181.")) no less than 4(M>,(KK) skins were obtained from Penantepod, or AntijMxles Island alone, and necessarily c,0()() of these in hulk, and (»n her arrival in London the skins, havinj;' heated during- the voyajie, had to be dufj; ont of the hold, and were sold as niannre, a sad and icckless waste of life." (Scott, Mammalia, Ilecent and Extinct, IMnnata, i)p. IS, 1!».) According' to other anthorities, the 2sew Zealand sealinji' indnstry ceased to be a payiu};' investment prior to i.so;{. Kespecting the Auckland Islands, MorreH says: ''In the year LS2.'i, . ,, , ^, , Cant. Itobeit Johnson, ni tlie sclutoner //c»>'w, of New lork, took trom this island and the surrounding islets about l."),0()0 of as good fur-seal skins as ever were brought to the New Yoik market. . . . Although the Auckland Isles once abounded with numerous herds of fur and hair-seals, the American and English seamen engaged in this business have made sucli clean work of it as scarcely to leave a breed; at all eNcnts, there was not one fur seal to be found on the Jrth of January, 1830/' ( Morrell, V^ oy- jiges, p. 'M'hi,) --—"-■ E aTIy~iTr 1 1 1 e present century mauy fur and hair-seals were taken from the Bounty Isles, near the southern end of Xew Zealand; from the Snar«'S and the Traps, from Stew- arts, (Jhafhani, and ("amjibeirs Islands, and also from other islands to the Southward <»f New Zealand; but at most of these ])oints they ap- jK'ar to have be.'onie very soon practically exterminated. A few sur- vived the general slaughter, and in recent years, under the protection of the (lovernment of the Colony of Xev, Zealand, have so far in- creased that there have been of late years a small annual catch of fur- seals in the Xew Zealand waters, amounting to from 1,000 to 2,000 per year. (Attidavit of Emil Teichmann.) Bounty Isli's. I ' ST. PAUL A^D AMSTERDAM ISLANDS. These islands, situated in the southern Indian ()c<'an (abcuit lat. ."iS^ S , long. 77° .■)5' E.), midway between the Cape of (ioodUope and Aus- ti-alia, were first visited by Capt. Henry Cox in May, 1780. He says: ''On first landing, we found the shore co\-ered with such multitude (»f Si'als that we were (obliged to disperse tliein before we got out of the boat. . . . We procured here a thousand seal skins of a very su- perior (luality, while we remaiiu'd at tiie island of Amsterdam, bcsid<'S several casks of g(M»d oil for our binnacles and other purposes." (Cox Voy. to Teiieriffe, Amstciilam, etc., p. 10.) Lord Macartney, who ttaiched at Amsterdam in 177."?, found five men here collecting seal skins for fhcCimlon market. He says of the seals: "In tile summer nionfhs they come ii>hore. somefiines in droves (»fS(M> or 1,0(10 at a time, out of which 100 ai<' i<'y. Seoicsofvoyajics are simply credited, in Mr. A. Howard ('Uirl, p. GoJ.) ~" " - "^^ WEST COAST OF SOUTH AFRICA AND ADJACENT ISLANDS. As early as the year 171M>, sealing voyagos wore made to the west coast of South Africa, and a greater or less number of ,. I .. till i-i. 1 Sdiitli Alrnii. tiir seals appeal' to have l»een taken here at intervals from that time till the ju'e^^ent. In October and November, ISiiS, ('a]>t. ]ienjamii'. ]\Iorrel| ciuised along tin' west coast fiom the Ca])e of (lood Hope to Walwieli l»ay, in about L'.'P S.. searching for seals. l"'roin his narrative it appears that he liist met with them at a small island in latitude .'31° '62' S., about half a mile off the coast. (]Morrell, Voyages.) At Ichaboe Island, 8 leagues north of Angrarequena, he found great numbers of fur-seals, and "took about a thousand of , , , , , , their skins in a lew days." lie speaks oi the island as the resort of "multitudes of fur-seals." (//>/>/. p. li!»4.) Having taken "as many Fur-i?'.eal skins here as was practicable," he jiassed on a few leagues farther to Mercury Island (lat. 1*.')° 41" S., long. 14° r)8' E.), where be took about a thousand Fur-Seal iiiv Nliinil. ]>ii«l Island. skins. At Bird Island, about 1 degree farther north, lie obtained "the skins ot 1,400 fui-seal at one time, although the landing was very bad."' (//>/ay, he made an excursion into the interior and again sited these islands about the end of December. He then took a few seals from Bird Island, and made an attack upon those on Mercury Island. "Tlu^ rush of my little party," he says, "was simultaneous; every nerve and muscle was exerted, and we had reached the oi»posite side of the rook- ery, killing several seal on our w.iy, Avhen we found that the other ])aity, under command of Mr. Burton, had been stopjted in "iniil-course' about the center of the rookery by the immense number of seal that be- gan to pour down the steej) rocks and i)recii)ices like an irresistible tor- rent, bearing down their assailants, and takingseveral of the men nearly into the sea with them. . . . Several nuinlred fur seal were left lifeles.j on the shore and rock.;;." Owing to a fatal accident to one of his uiost valued men, due to a heavy breaker eiigulting three of the ])arty, the island, with its wealth of seals, was immediately abandoned and the vessel returned directly to the Cajjc of (Jo(*d IIo[>e, having take.i, in all, about 4,000 seals. {Jhid.. j.p. ;5()4-;?0(;.) In 18.10 Capt. (liiiihni L. .Vllyn, with the sealing sclKtouer Spark, of New Lond(Ui, t'onn., \isited Ichaboe Island, but arrived too late in tlu^ season (.lanuary 14) to secure many fur-seals. He found the caii.'asses of about a thousand from which the skins had been removed by sealers who had |»receded him the same season. He says, speaking (»f tlu^ coast geiierall,\ : "The coast was well sealed, and we eouhl only glean a few from the roughest rocks We found a few Seals at each landini and by the 0th of Se[ttember had taken > ■i.te'lfl Mi '1. , *i 404 ARTICLE BY DR. J. A. ALLEN. GOO Seal skins." lie secured siniiU cati^lies at intervals during the f(d- lowin}>' months, and started for home on March 31, 1831, with a carj^o of 3,700 skins. In 183-4 he made another voyage with two vessels to tlie same coast, visiting Icliaboe, Mercuiy, and Bird islands. The first season's work amounted to only about 800 skins, the seals being scarce and shy. Respecting the next season (1835) iu^ says: "The Seals hav- ing been harassed so much, the prospect was slim for the next season, but by putting men on the suudl rocks to slioot them, and by great diligence, we managed to secure about 1,000 skins to both vessels, which was a slim seasilof Ishunls, and the inriuen<'e of peiaj-ic seal huntinj*' in its rehitirts, statistics, ali'ulavits, and arguments contained in the Blue Books i)ublished by command of Her Britannic Majestv numbered C.-(»1.{1 (I.SIM)), C.-G;?<»8 (1891), C.-0G;};> (1«!>2), C.-OC-H (1892), and C.-<)(5;}5 (1892), and the An- nual Reports of the Dejiartment of Fisheries of the Dominion of Can- ada for the year>^ 188.5 to 1891, inclusive; in view of all which evi- dence and testimonies I submit the foUowing statement in relation to the principal ])oints of the subject: 1. The true home of the lur-seals of the eastern waters of the North Pacilic Ocean and Bering Sea is the IMibilof group of islands hi Bering Sea. It is to these islands that tlui Seals repair aniumlly to breed, and there is no evidence that they breed elsewhere than on these islands. It is evident, from what we know of seal life elsewhere, that were the climate sufficiently mihl in winter they would undoubtedly pass the whole year at these islands. Owing, however, to the inclemency of the winter months the ... .. .. , tur-seals are huced to nngrate southward ni search ot food and a milder climate. Some of the males, however, espechdly the bachelors, are known to remain abcmt the islands, particularly in mild winters, nearly the whole year, (lenerally the greater part move south- ward and eastward to sonu' point south of the Aleutian chain. They leave the Pribih)f fslands miu'h later in autumn than the females and young seals, and return thither nnu*h earlier in spring. The males in returning northward in s]>ring evidently jiass, in th«> main, much further from the coast than the females, and their northward migrathni is more rapid and direct. The females on leaving the islands in the autumn move gradually southward as far at least as the coast of Califorina, where they were formerly often seen in large numbers in January and February. Later iuthe season theyproeee- lieavy witli younj;', and jtausinji' often to feed and sh'ep, buthindmg nowheretill they reach their sok' and only breed inji' {^rounds on the Pribilof Islands. Tlie Pribilof herd has thus had its own exclusive home, with fixed and definite lines of migration along the western coast of North America. 2. The Commander Islands herd is evidently distinct and sejtarate , ^ , , from the Pribilof Islands herd. Its home is th»' Com- mander group of islands on tlu' western sideot Bering Sea,and its lineofmigration is westward and southward alongtheAsiatic coast. To supi»ose that the two herds mingle, and that the same ani- mal may at one time be a member of one herd and at another time of the other, is ccntrary to what is known of the habits of migrating ani- mals iu general. Besides, while the two herds are classified by nat- uralists as belonging to one and the same species, namely, the Callo- rliiniis urxinus, they yet present slight physical differences, as in the shai)e of the body and in the character of the hair and fur, as regai'ds bothcolorandtexture,sutticientiiotonly to enable exjierts in the fur trade to recogni/x' ti> "iiiich herd a given skin belongs, but sutticient to affect its commensal / '^-i'^ As yet, expert naturalists have been unable to make a direct co . son of the two animals, but the differences alleged by furriers asdislir. .lishing the representatives of the two herds i)oint to their being separable as subspecies, in other words, as well marked geographic phases, and thus necessarily distinct iu habitat and migra- tion. 3. Since fur-seal breeding rookeries are reported to have formerly existed on scmie of the small islands off southern Cal- CaiffornH '"''"''*'''''" '^'^'^"1*5 i* ^"^^ hiiou assuiiicd that they were a i)ortion of the Pribilof herd, which sometimes reiuaiu s(mth to breed. Such an assumption is entirely opposed to what is known of the habits and distribution of marine life ami to well-grounded principles of geographic distribution, namely, that a fur-seal breeding on an arctic island, which it annually travels thousands of miles to reach, wcmld also choose for a breeding station an island in subtroi>ical lati- tudes. Fortunately the rebuttal of this assumption (htes not de])end upon the generalizati(His of the naturalist, since si)eciniens have been recently obtained from (luadalui)e Island which show (iua.iuiui,.- iHiniu.. ^j^.^^^ ^^^j^j,^. ^ fur-seal formerly occurre' tlie first few weeks of its exist- ence it will ([uickly drown if left to itself. Wlien firstborn it is encum- bered for a jiieater or l<'ss lenytli of time with the placental env«'lopes, which alone would insure its speedy death by drowninji' should ]»arturi- tion occur in the water. The youn^' fur-seal avoids ami is afraid of tlu' sea until, at the aj;e of six t<) eif'ht weeks, it is conositions arturition and copulation could occur in the sea the exercise of any such tyrannical juiisdiction of the males over the females would be impossible and the seraglio system so well established not (udy in the case of this species, but in all its allies, would not be the one striking feature in the sexual economy of the whole eared-seal family, wherever its representatives are found. <>. Only males of 6 years old and upwards have the courage and phys- ical endurance to render them successful contestants for positi(»ns on the breeding rookeries, and only a portion of these are able to establish harems and serve the females. It is a well established fact that a bull of this class is able to serve from forty to sixty females, the number he actually serves varying more or less according to his success in gather- ing the females to form his harem. As the numberof mah'S and females annually born is about equal, there is thus an immense superfluity of male life, s(»far as the unlimited i)eri»etuation of the si»ecies is concerned. 7. The history of the I'ribilof fur-seal herd shows that for a period of about 15 years it was p(»ssible to kill for commercial ,. ,„ .,., .. , , iiww. The following three or four years is commonly recognized as a peritxl of stagnation, during which tiiiH' thei'e was no very material increaseor decrease. 8iuce 1.SS4, however, there has been a rapid decline not only in the number of kill- able males, but iti the si/e of the herd as a whole. S. This remarkabh^ and unexpected decline originated through no change in the management of the fur-seal lier«l at the IMibih>f Islamls. During the last two or three years, i^^^ii"','!,;'^"" '" ^"^ however, and in coii.>e.pience of th(> decline from the lormer status of the herd, it has been necessary to lower the age of seals I'l' m fii 408 ARTICLE MY DK. J. A. ALLEN. selected ior kill'T' ;, iiiid alsi) ti> rcilrive i)!)i'ti(ms of the herd, in order to seeiin' ev«'n tiio .i^reiitlyrestrieteil ([iiotii allowed to ho taken in ISiK), the last year of killiii.u tor ecunuii'vcial purposes. This decline in the number of Steals on the l*ril)ilof rookeries is coincident with the increase in the number of seals taken by pelajiic sealing;' in the waters (tf IJering Sea and of the North Pacific adjacent to the Ameri(!aii coast. It is evi dent from the statistiesof the Northwest cateh, extendinjiover a period oftwenty years, that pelaj^ic sealin^i' must havebejiuu toatt'ect unfavor- ably the Pribilof herd as early as LSSO, althou^ih its ette<'t was not <'learly re<'0}»iiized until a number of years later. These statistics show that the pelaj;ic eateh ()f the Northwest Coast from 1.S72 to 1SS4 a}if;reffated upward of ir>(>,()(K> seals, and that from 18S,> to 11. inclusive, the North- west eateh numbered ujtward of 3.{(»,(M)0, Tlu' annual pelagic cateh increased from abimt 2(>,(KK> in 1S85 to upwars) destroyed through the death of the breeding females, making an aggregate loss to the Pribilof herd in twenty yeais of 1,4.')0,000 seals. Of this total two-thirds were killed during the seven years preceding 1802, to which period the decline in the Pribilof herd is mainly limited. Throwing out of the account the number of seals killed and lost by pelagic hunt- ing, the reported catch alone has involved the death of 500,0()0 seals in seven years. Hence the assun»]»tion that the total annual loss dur- ing this period consequent upon jtelagic sealing nuist aggregate 100,000 is quite within the bounds of probability. This is an actual subtrac- tion from the herd. If these breeding seals and pups had been allowed to live and reproduce, it is reasonable to supp()se, making a liberal al- lowance for the natural death rate and for the continued killing of the usual number of young male seals on the rookeries, that they would have added at least 1,00(M>00 seals to the seal population of 1892. 10. The only elenu'ut in serious controversy upon which the above estimates in part depend is the proportion of seals wmindea"s«ai8io8t.'* killed in pelagi' sealing and lost. While some pelagic sealers claim (see aftida\ its in the British Blue Book, THE ALASKAN IMMi-SKAL AM) PKI^AOIC SKALINO. 40D 0. -<»(!.").■>, 1S1)2) that nil of tlio wouiulod seals wiiich escape, capture quickly r«M'(!ver troiu their \V(Min(ls anU in icality are in»t seriously in- jured, only about ."> i>er cent at most beinj;- lost, otlu>r seal hunters, pro- prietors and masters of sealing;' schooners, and others who have had access to ti'ustworthy sources of information, admit a much larger per- centaji'c of loss, ranj;in<;' from 1() to o() per cent, or even hijiher. That the first claim is absurd is evident to anyone familiar with hunting', even on land, where the chances of recovering fatally wounded game are at a maximum. Only such seals as are instantly disabled can be secured, and even many of these nuist be lost, since the sjtecilic gravity of a dead seal is great«'r than that of the water in which it is killed. Those (Uiiy wounded, wln'ther fatally or otiierwise, dive and escape capture. The less severely wounded may, and in numy cases doubtless do, recover from their wounds; but, in the nature of things, numy others must die of their injuries. There is a wide range of chances be- tween an instantaneously fatal or disabling shot and a slight wound from which the victim nuiy readily rt only obvious in a seal's pelt, but the (juality of the jtelt of the breeding female is nuich inferior to that of the "bachelor'' seals, which consti- tute the catch from the rookeries. The Xorthwest ('oast or pelagic catch has sometimes been designati'd in the tradeas the "•female catch," from the great predominance of female pelts. Again, dead pujts at the I'ribilof rookeries w«'re of rare occurrence ]>rior to pelagic sealing in ISering Sea, being too infre (juent to attract attention, and generally due to sonu obvious accident on the rookeries. Soon after ])elagic sealing lu'gan in Bering Sea dead i»ups became so numei'ous as to attract general atten- tion, both by their number and conditison the Pribilof rookeries at the end of the season in ISQl was estiuiated by good authorities at LMM^OO. Jt is further a well established fact that the mother seal recognizes her own young and will permit only her own to nurse her. Ilence every unweaiu'd puj) which loses its mother is doomed to die of starva- tion. It is further well known that the mother seals lea\e the islands at fre(|ucnt intervals and proceed far out to sea in search of food. VJ. From the evidence in hand it is obvious that in pelagic sealing female seals are not killed by lueference but from necessity, if any seals are to be taken: first, because ,,,'i|:;ri','i"\iiii^f *^°* in the North I'aciHc the nuile seals are too alert and travel too lapidly to be readily taken, while in Uering Sea they are either continuously on the islands or mak«^ only short and infrequent excursions into the o]»en sea; second, because the females while in the North Pacific are less agile than the nudes, being heavy with young, and, arriving later at the islands, take more time for the journey, trav- eling less rapidly ami si)ending much time asleep on tlie >vater, ami are thus more easily approached by the hunter; in Bering Sea they 62 Dead piipH. I,li '^i 410 A11TICI>K Ity \)ll. J. A. ALLEN. h\iiW Hi'nWun iiiiik*' lon^i' cxi'iiisiniis lor loud, iiiid iirc thus iipiiri hero tnncli more <>\'- posi'd to the iittacks oftlie lU'lajJiic liiinter than thi^ males. l.'i. I-'rom th<' lorefj^oiii};' siimniai-y it i.s evident that the deelinein the niMiiliei' of the kilhibh^ seals at the rril>ih»l' rookeries !iI''r.',','iT,',.'!''' '" '"' Kiid tiie iinnn'iise dt'eii'asc in tlie total number of seals on tlic I'ribilof lslan'. At the islands the killinji' is rej^ulated with referenei^ t«> the number of killable s»'als (Ui the rookeries; the desi^^nated (piota is limited to noid)roediuff yoiinj; males, and every seal killed is utilized. The killinjjf, as thus ref^ulated, does not impair the product iveiu'ss of the rookeries. In pelagic seal in;;' the slau<>'ht(>r is indiscriminate and unlimited, and a large ])ro|iortion of the seals killed are lost. The catch also consists almost wh<>lly of bre«'ding females, which at the time of cajiture are j'ither heavy with young or have young on the I'ookeries depending upon them for suste- uaiH-e. Thus two or moie seals are desti'oy«'d to every oiu' utilized and lU'aiiy all an' drawn from the class on which the very existen<'e of the seal herd depends. 14. The r<'sults of pelagic sealing may be tlius summarized: (1) The imnuMise reduction of th<> herd at the Tribilof Islands licsiilts (if iii'hiuic Di'iitiiiK. and its threatened annihilation. (2) The extermina- tion of the I'ribilof herd will be practically a<*complishe(l witliin a few years if pelagic sealing is «'ontinued. (3) There will soon be too few seals left in the North Pacific and Bering 8ea to reiuler pelagic sealing commercially profitable. (4) The harm already done can not be repaired in years, even if all sealing, whi^ther pelagic or at the islands, be strictly prohibited for a considerable iieriod. STATHMl'NTS AND LHITI-RS 01< NATURAIJSTS. STATEMENT BY PROF. T. H. HUXLEY. The r<>ll:nviiiy stiitoiiiciit by Prof. T. II. Huxley, V. if. «., etc., llic niiiiK'iit iiiitiiiiilist, WiiH |n'e|»sii'«'(l sit tlie- rcciucst of tlu' coiiiiscl for the I'liitcd Stales. As iippeiirs from the statement itself, it was };iv(ui by I'lofessor Jluxley as a scientist, not as a retained advocate. 1. The probh'in of the liir-seal tishery apiJcars to nie to be exactly analofjous to that which is presented by salmon lisheries. The Priltilof J shinds answer to the upper waters of a salmon river; the JJeriny Sea sontii oftheman'in Islands to the rest of the course of the rivei-, its estu ary, and the adjacent seacoast. The animals breed in tlie former ami feed in the latter, migrating at regular periods from the one to the othei'. (The (piestion whether the fur-seals have any breeding places on the noithwest <'oast tmtside of IJering Sea may be left open, as there seems to be no doubt that the main l)ody breeds at the Pribihtfs.) 2. An ini])ortant difference is that the fenndes, bachelors, and yeai- ling fur-seals feed largely within a radius of, say, ;">(► miles of the J'rib- il<>l Islands, while the adult salmon do not feed (sensibly, at any rate) in the upper waters. ,'). It is clear in the ease of fur-seals, as in that of the salmon, that man is an agent of destruction of very great ]>otency, jtrobably out- weighing all others. It w(udd be ]>ossible in the case of a salimui river to tish it in such a fashion that every ascending or desc<'nding lish shouhl be caught and the fishery be in this way surely and com])letely destroyed. All our salmon-lisheiy legislation isdirectreservbig the br*'cding grounds on the one hand and,on theother, of pieventing the loAver-water fishermen fmm capturing too large a proportion of the ascending tish. 4. Our fishery regulatirietors are everlastingly at war, ea<'b vowing that the other is ruining the fisheries, and the ins]iector has large oi)i)ortunities of estimating the value of diametrically opposite assertions about matteis of fact . 5. Ill the case of tlu' fur-seal fisheiies, the destructive agency of man is luepotent on the Pribilof Islands. It is obvious that the seals might 411 -I -n 412 LETTEUS OF XAriJKALISTS, 1m' (k'stroyod and diivt'ii awiiy (;Mm|)l»'t('ly in two or tliroe soason.H. Moreover, as the nuiiihei' of "• l>a('lielors'' in any j{ivon season is easily asi'eitaiiK'd, it is jxtssilWe to keep down the tn\n'. to sncli a i»ereentay:e as shall do no harm to the stock. The conditions for elHcient rejinla- tion are her*' qnite ideal. it. IJnt in IJerinji' Sea and on the northwest coast the «'a«e is totally alter»'d. In order to their lishery for the sake of jireserving the JMbilof fisheries, in which they have no interest. 10. If, however, it is admitted that the (.'anadians can not be asked to give up tln'ir fisheries, I see no way out of the difliculty except one, and I do not know that it is i)racticable. It i^ that the Pribilof, Bering, and northwest coast fVr-seal fisheries shall be considered national i)i"operty on the ]>art of the United States and (Ireat Britain, to be worked by a Joint fishery commission, which shall have jtower to make by-laws under the terms of a gema'al treaty, to which 1 supjxtse other powers (who have hardly any interest in the matter) could be got to agret\ 11. 1 am free ti» ('oiifess that my experience of the proceedings of fishery boards es not encourage me to hope that the ])roceedings of such a commission would be altogether harmoni(ms, but if it were com- posed of sensible men they wouhl, sooner or later, struggle out into a modus rirendi; for, after all, it is as much the Canadian inter«'st that the Bribilof fisheries should be ])reserveear8 that the young niah's keep apart from the fenndi's and old males), and by prev<'nting altogc* ;• v, as far as possible, the destruction of tlie fur-seals at all other tii:i«- aid in other places. • ' Philip Li tley Sclatek, Pii. D., K. H. S*. Sworn at the offices of the Zoological Society of liondon, Xo. 3 Han- over Square, London, England, this 10th day of May, A. 1>. 1892, before nu'. [l. s.] Francis W. FKiaouT, Vice and Deputy and Aetimj ConsnI-Geiivral of ike Unitcil Ifltates of America at London, Eiigiand. 414 LETTERS OF NATURALISTS. CIRCULAR LETTER OF DR. C. HART MERRIAM. Dr. C Hart >n'rriain, one of the Anieiiciiii IJeiiiijj' Sea ('oininlssloiicrs, aildressed the folh»\viii}f cin-ular h'tter to various leading;' iiahiviilists ill (lirtereiit jiaits of the woi'ld, for tiie purpose of oI)taiiiiii<^' tlieir views as to the best method of preserviuy the fur-s»'als of Ahisiia. Washington, D. ('., April 3, isna. Dlar Sii?: The Government of the lJiiit«'d Stat«'s liavinj; selected nie as a ii iiir.ilist to iiivesti};ate and report ni)oii the eoiiditioii of the fur-s<'al ookeries on tlie l'ribih>f Ishinds. in I>eriii}>- Sea, with siiecial referenee to tlie causes of decrease and tlie measures ii»'(!essary for tlie restoration and permanent preservation of the seal herd, I visited tlie I'ribilof Islands and made an extended investigation of the subject, the results of which are here brietly outlined. Facts in the Life History of the Northern Fur-Seal {Col- lorhiniis UrniniiN). 1. The fur-«eal i.s an inhabitant of Berinji' Sea and theSeaof Okhotslc, where it breeds on rocky islands. Ibit four bre«'dinji' colonics arc known, namely, (1) the Pribilof Islands, beloiiyiii}? to the United States; (2) the Commander Islands, belon}>in}i' to Russia; (3) Kobben Kecf, bclonj;- in}f to Russia; and (4) the Kuril Islands, bclonjiinj? to .Tai»an. The I'ribilof and Commander islands are in Bering' Sea; llobbcn I'ccfin the Sea of Okhotsk near the Island ot Saghalieii, and the Kuril Islands between Yezo and Karatchatka. The species is not known to biccd in any other i)art of the world. 2. In winter the fur-seal migrates into the North Pacific Ocean. The herds from the Commander Islands, Hobben Kecf, and the Kuril Islands move south along the Japan coast. The I'ribilof Island 'rd moves s(mtli thriii|iact groups called iiarems. The harems are com]dete early in July, ct^ wliich time the breeding rookeri<>s attain their maximum size and comiiactncss. G. The cows give birth to their young soon after taking their places DH. ('. HART MKKHIAM. 415 nil tlic liiireiiis. Tlu' imtIimI of jfcstatioii is hi'twooii «'l('V('ii and twt'lvi' IllOlltilS. 7. A siiiju'h' y(»mi;'' is born in «'a«'li instance. Tiui yonn;; at birtli arc aboiii (Minaliy ilivi(ltMl as to sex. S. Tlic art of nnisin;; is pcilbniuMl on land, never in tlie water. It is neeessary, llierelbie, tor tlie cows to remain at tlie islands until the yonn;; are weaned, wliieli is when tin'y are t or ."» months ohl. '.>. The tiir seal is |(oly;;aiiioiis and the mal«' is at least three times as !aiositions on the harems. M. Cows when nursing, and the nonbreediiig seals, regularly travel long distances to feed. They are commonly found lOOoi- 150 miles from the islands and sometimes at greater distances. 15. The food of the fur-se 1 consists of fish, scpiids, <;ru8taeeaiis, and l»robably other Ibrins of marine life also. Hi. Tlie great majority of cows, pups, and such of the breeding bulls as have not already gone, leave the islands about the middle of Novem- ber, the date varying considciably with the season. 17. The nonbreediiig male seals (" holluschickie "), together with a i'Qw old bulls, remain until January, and in rare instances even until February. 18. The fur-seal as a species is present at the Pribilof Islands eight or nine months of tlu^year, or from two-thirds to three-fourths of the time, and in mild winters sometimes during the entire year. The breeding bulls arrive earliest and remain continuously on the islands about four months; the breeding cows remain about six months, and the non- breeding male seals about eight or nine months, and sometimes during the entire year. SEALS KILLED ON THE PRIBILOF ISLANDS. 19. The only seals killed for (commercial ]Hirj)oses jit the Seal Islands are inmbreeding males (under five or six years of age, called "hollus- chickie"). They come up <»n the rookeries apart from the breeding seals, and large numbers are present by the latter part of May. They constantly pass back and fo'th from the water to the hauling grounds. These animals are driven by the natives (Aleuts) from the hauling grounds to the killing gnmnds, where they are divided uj) into little groups. Those selected as of suitable size are killed with a club by a blow on the head; the others go into the water and soon reappear on the hauling grounds. In this way about one hundred tliousan(l ye Lsliiiids boar iiimiis- takablc evidcucc of liavinj;" iiiKbTjuoiic ^rcat lediu-tion in size (lurinjjf tiie past lew yeais. Tiiis evidence consists (1) in tlie nnivei'sal testi- mony of all who saw tiiem at an eai lier jieriod. and (1!) in the ])resencc upon the back part of each rookery ol" a well-marked strip or zone of pass-covered land, varyinj{' from 100 to 500 feet in width, on which the stones and bowlders are Hipper- worn and polished by the former move- ments of the seals, and the jirass is yellowish-^iieen in color and of a different genus {(ili/ci-rid (iiif/itstdtii) Irom the rank, hifiii jjrass usually firowinji' immediately behind it {Eli/nnix mollis). In many places the fi'round between the tussocks and hummocks of <>ra ^s is covered with a thin Jayer of feltinii'. composed of tie,' shed hairs of the seals in.itted down and mixed with excrement, urine, and surface soil. The exact year when this yellow-jiiass /on(> was last occu|»ie(l by seals is dilticult to ascertain, but the luilk of testimony |ioiiits to IHSII or ISST. The ayji'iegate si/c of the areas Ibrmerly occupied is at least four times as great as that of the jnesent rookeries. CAUS-ES WHICH LED TO 'I'HE UEL'LETI(»M OF THE ROOKERIES. The seals which move northward along the coast of the northwestern United States, British Columbia, and southeastern Alaska from Janu- ary until late in June are chietly pregnant fenmles, and about DO i)er cent of the seals killed by pelagic sealers in the North Pacilie are females heavy with y;>nng. For obvictus reasons many more seals are wounded thai; killed outright, and many uuu'e that are killed sink before they <*an be reached, and conseiiuently are lost. As eacli of these <*(mta ins a young, it is evident that several are destroyed to every one secured. For several years the pelagic sealers were content to i»ursue their destructive work in th<' North Pacilie, but of late they have entered JJeringSea, where they continue to capture seals in the water through- out the entire summei . The femah's killed during this period are giv- ing milk and are away from the islands in search of food. Their young starve to death on the ro(dveries. I saw vast numbers of such dead pups on the island of St. I'aul last summer (1891), and the total num- ber ot their carcasses remaining on tlu^ Pribilof Islands at the end of the season of 1S91 has been estimated by the United States Treasury agents at not less than 20,000. The number of sealskins actually setaired and sold as a result of pelagic Sealing is shown in the fodowiiig table: Yoiir. Nmnlior of xkins. Year. 1 Nuiiilmr of ikina. 1872 1,021) 1882 17, 700 1873 -; lH8;i 9, \m 1874 4, !I4!) 1884 ? 14. 000 187.-. I.tl4(l ' 188,'i i:i, 000 1870 '.', resent depleted condi- tion of the rookeries. !*ela;iie sealing as now ('(mductied is carried on in the Xorth I'acilie Ocean from January until late iti June, and in Berin;; Sea in July, A uji'ust, and September. Some sealinj;' scino mers remain as late a.s November, but they so for the jmrpose M niidinj; the ro(tkeries. It has been alle<4'el that overkillin;;' of yonn twenty-tive feuiiles. It isevidi-nt, therelore. that theie must be a, ji;reat saperabnndam-i' of males, of which a la.r;;e pen-entaine may I>e killel annually f(trev(!r witiiout in the slij^'htest de;n'ree endan- gerinj;' the productiveness of tlu* herd. Fiirtherin:)re, it has been shown tiiat the killin.ii' of seals at the l'ril)ilof islands is completely undei- (he contr(dof m;in and is restricted to the siiperlluoiis males, for .sr/rc^/o/t as to sex and a^^'c can bi' and is exeicisii-d so that neitluu' females nor bieedinii" miles are killed- It is t^\ i.lent that this killinin' of noid)reed- inu, males coidd in no way altect the size or annual product at' tlie breedinj;' ro >keries unle>s the number kilieil was so <;'.<^at that enou<;li males were not left t(t mature for breeding puiposcs. There is no evi- dence that this has ever been the case. >[oreover, all seals killed or wounded are invariably secured and their skins marketed; in other Winds, tlicir is iielflH'r ivuxtc oj' the .seal lur. The number of vessels enj>a,ye(l has steadily increaseil. as has the number of seals killed, until it appeins that unless checke(l l>y international legislation the comnuMcial exteriniimtion of the seal is ' been select«'d by my (Tovernment solely as a naturalist., and ha\ in;;' in\estiyated the facts at i arrived at the above conclusions and reconnnemlati(»ns froi i the srandpoint of a miruralist, 1 desiiHj to know if you aji'rei' or dilfer wit'.i me ;n considerinj;' these coiu'lnsicms ami rec- mnniendations justified and neeessitatei 418 LETTERS OF NATURALISTS. BEFLY OF DH. ALFHONSE MILNE EOWABDS, LE DIRECTEUR DU MUSEUM D'HISTOHIE NATURELLE, FARIS, FRANCE. Taris, France, le QO arn'l, isna. Monsieur, J'ai lu avcc un grand inten't la lettie (pie vous iii'avoz adre.ss6e relativeinent auxphoqr.cs a tbiiiTuri' dc la mcr j)ece, si les «';inigrants, a leur rctour dans les stations de rei)roduction, n'avaient etc assaillis et pourcii.isscs de toute facoii. 11 y a done lieu d«' tirer i)arti des renseignemcnts trcs couiplets que Ton possede sur les (;onditions d't-xistence des pliotpies a fourrure atin " or raneantissement et une c(nniiiission internation lip P seule, indiquer les regies dont pecbeurs ue devraient pas se departir. DR. ALPIIONRE MILNE EDWARDS. 419 Voaillez agroor, MoiisicMir, rexprossioiHle incs s(Mitimeiits tres distin- Le tlirecteur roved, that the animal species, the object of their desire, can not escape tiiem. We know that our migratoiy lurds are, diirinj;' their travels, cx- ])ose;ical international commission has already examined, not unprolitably, all the ([uestions Ti'latinjv to their preservation. \V<»uld it not be possible to i)ut fur seals under the protection of the navy of civilized nations';! What has hai>penod in the Southern Ocean may serve as a warniuff to us. Less than a century af;<> these amphibia existed there in (lountless herds. In 1 SOS, when l-'anninj;' visited the islands of South Geor;'ia, one ship lett those; slnu'es, carryinj;' away 14,(MI() sealskins belonj-in;:' to the specie's Arrtonpluilns An.stralis. lie himself obtaiiu'd r»7,000 of them, and he estimated at 112,()()(> the number of these animals killed dnrinji" the few weeks the sailors spent rhere that year. In ISL'L* Weddell visits these islands and he estimates at 1,L*()(>,()00 the number of skins obtained in that locality. The sanu' year 32(),(M)(> I'ur seals were killed in the Soutli Shetlamb. The inevitable e«Mise- (pu'uees of this slaiij;hter were a rapid decrease in the number of these animals. So, in spit<' of the ujeasures of protectiem taken durin;;' the last iew years by the (lovci"'ir of tin' Falkland Islands, these seals are still very rare, and the na; alisis of the French expeditiiu of the Ho- iiiniifhr r<"inained for nearly a veai at Tierra del Fue^oaud tlie Falkland Islands without bcinj;' able to cai)ture n single specimen. It is a souice of wealth which is latw cxhauste'd. It will soon be thus with the CdllorliinKs ni:siiii(x in the North Pacific Ocean, and it is time to Insure to these animals a security which nuiy allow them rej^uhir ie]trodMction. I hav«' followed with much attention the inve^Hpitions which have been nmde by the (iovernuu'nt of the United States on this subject. The rejtortsof the comniissiontTs sent to the I'ribilof Ishnulshave made known to naturalists a very lar;;e number of facts oi' j;reat seientitie in- terest, and have demonstrated that a r<';tulated system of killing nuiy be safely ai»]>licd in tlie case of these herds of seals when tiier*- is a super- liuity of males. What ini^ht be <'alled a tax on edil icy was applied in tills way in the most satisfactory manner, and th. indefinite prest'rva- ti(»ii of the species wcndd have bc^eii assured, if the emii>'i'ants, on their way back to their bieedinj;' places, hail not been attacked and pursued in every way. TiitM-e is, then, eveiy reason to turn to account the very complete in- formation whhih we possess ait. Accept, etc., A. INIlLNE EdAVAKIjS, Director of the Miineum of Xatiiral Jlistory. RE?IV OF DR. ALFRED NEHRINO, PROFESSOR DER ZOOLOOIE AN DER KOENIOLI CHEN LANDWIRTHSCHAFTLICHEN HOCHSCHULE ZU BERLIN. KoNKSLICIIK LAN1)AVIKTIIS(!IIAKTLI('IIK liOCIISCIlULK ZU IJEHMN, Ukrmn, . (\, If. S. Department of Affriciilture : TIociKJEKUKTER IIkrij! Nachdem i<'h Ilir ausiMhrliches, sehr inte- ressantes Schieiben voin '2. d. M., \velclH^s mir durcli Ileri'n .lohn llriii- kerliort" Jackson, L(i{j;ationssekretiir bci dor nordamerikani.schen (Je- sandtschaft hieselhst,jirestern zu^^ing, ficnau dnrchgelesen and erwogeu habe, verlehle icli nicht,lhnen nieine Ansicht iiberden Inhalt derselben zugelien /u hissen. Ihn^ Darleji'ungeii iiber die Lebenswei.se and nnmentlich iiber die jilhrlichen Wandenuijien der I'elzrobben {CnUorhitiux in:sinu.s), weldie ant' den I'rybilof-Inseln ihic Forti>Hanzun}«sstiitte haben, sind so klar und iiberzengend, harmonieren audi so voll.stiinding' mit dem, was an- dere znverliissige Naturtbrscher beobachtet haben, dass ich den von Ihnen darans gezogenen Dedu<'tionen (iKrclnnis heistinniie. Ich bin, fileii^h Ihnen, der Ansicht, dass n('erninj>" the mode of life, ami especially the annual migrations ')f the fur-seal (Callorliiniis J7>'.s/«».s), whose breedinj;' plaees are the Pril.ilof Islands, is so dear and convineinf;', and harmonizes so l);'.rlectlywit!'> what hiis been observed by other reliable scientists, that I J'lillH fujrtr with your deductions. I am, like yourself, of the opini(ni that the reniai'kable decrease of fur seals on the rookeries of the IMilti- h)f Islands, which has, of late years, bt'conu^ more and moi'e evident, is to in attiil)nted mainly, or i)erhai>s exclusively, to the unreasonable destnu'ti(»n caused by the sealei's who i)ly tlu'ir avocation in the open s( a. The only rational method of takin;^' tlu' fur seal, and tlu' only one that is not likely to result in the extermiimtion of thisvaluable animal, is the one which has hitln'rto been eniployed on the I'ribilof Ishimls under tlu' supervision of the (Jovt'rnment. Any other method of takinj;" the northern fur seal should, in my o|union, be prohibited by interna- tional ajuieeiiuMit. I should, at furthest, ap|)rove a local pursuit of the fur seal, where it is destru<'tiv<' of the lisiieiies in its southern winter " on extermination, of the fur-seal. With }>i'eat respect, i'rof. Dr. Alfuki) Ni',iiiJiN(t, rro/cNsor of Zoitlof/i/ in flic lioiftil Af/ricuUurdl Colhujrof lU'din. Reply of Prof. Robert Collett, of the Zoological Museum of the University of Christiania- Norway. ClIKIKTIANLV, April LK\ IS.'I^. My Dkau Sill: Ft would be a V(My «'asy reply to your hijihly inter estiufj- treatise of the fur seal, which you have been kind enoujih to send us, when I only answered you that I aj;ree with you entirely in all points. No t it would be the jireatest valm* for the lookeries on the I'rybilof Island, as well as tor the preservation of the existemie of tile se il, if it would be pi)ssible to stop the sealinjj' at s«'a at all. Uut that will no (hmbt be very ditticult, when so many nations partake in the seulinj;' and how tliat is to yo about I can not know. My own countrymen are killinj;' every year many thousann Spitzberf>en and (Jreenland, but never females with younj^'; either are the old oiu's caufjlit, or, and that is the fireatest number, the yojui}^ seals. Hut tliere is a close time, a,ccept»'d by tlu^ ditferent nations, Just to |)rohibit tlie killiufj of tln^ females with young. Perhaps a similar clos«'-time could be accepted in the Bering Sea, but that is a (luestion about which I can not have any (»pinion. Many thanks for the paper. Vours, very truly, R. Collett. If 'w, ^m ^u h'lS I Reply of Dr. Gustav Hartlaub, of Bremen, Germany. lillKMKN, Apr. 23, '.W. Tlcrrn C. IfART Mkkriam: (iKSiiitrKR IIkrr: Ich liabe Ihr vcutreftliches Memoir*^ iiluT den Noiih.'rn Fur deal nut bens('lila;ii' fiir eiiiiji^c .lalire (fanz sistirt werde! das wiirde noeli wirksanier sein, dem schwer hedroliten Tliiere imineiiscli anf/.nhelfen. .ledeiifalls ist liier (lefalir iin Verznf>euiul man kaiin iiield stark ji'e""JJ betoiieii, dass docli die von Ilnu'ii so wirksam niotivirten Vorseliliif-e baldiiiiijiliclist znr Ansriilirnii3. Mr. C. rTAUT Merbtam: ])eau Sir: Your excellent re]iort on the Northern fur seal I have read and reread with intense interest. I am far t'roin attributing to myself a r, but eoiisideriiig all faets whi<'li you have so clearly ami eonvineingly combined and ex|U'essed, it seems to me that the measures you proimse in order to prohibit the threatening decay of the northern fur seal are the only correct oiwti promisin'i an cffcctire renult. 1 sincerely regret that for practical rciisons it can not be thought of to prohibit fur-seal hunting for a few years entirely, as this would iiat- lU'ally assist immerically the menaced animal. There is at any rate danger in view, and it can not be too strongly emphasized that your so well founded proposals should be executed at the earliest time possible. With sincere tlianks for the confidence yim have placed in tny Judg- ment, I am, dear sir, your most obedient, G. IlARTLAUll, Dr. Reply of Professor Count Tommaso Salvadori, of the Museo Zoologico, Turin, Italy. Zoological Museu^i, Turin, April ^^.5, 18'.):J. C. Hart Merriam, U. 8. Department of Agrieidture, Dirision of Ornithology, Wash i nylon, D. C: Dear Sir: I have re(!eived your letter concerning the N'orthern fur seal, on the condition of which you have been selected as naturalist to investigate and report by the Government of the United States. As a whole I agree with yon as to the facts and conclusions drawn on y youu}? males on the Tribilof Islands must have some iuHuenceon the diminutions ot the heards, especially preventing: the natnial or sexual selection of the stronj^er males, which would follow, if the younji,' males were not killed in such a j^reat number. So that, Mith the stoi)pin;i' of the i)elaj;i<; sealinj;', I think that, at least tor a few years, also the slanj^liti'r of so numy younj;' males in the Pribilof Islands should be juohibited. 1 remain, very truly yours, Prof. T. Salvadoui. !' I d 4 Reply of Dr. Leopold Von Schrenck, Member of the Imperial Academy of Sciences, St. Peters burg, Russia, St. PKTKRsnuKft, April .Vj^, 1S93. DkaU Sir: TTaviuf; read with easier and critical attention the me- moir you have addi'cssed to me upon the condition of the Kur Seal rookeries on the Pribilof Islands in Hcrinji' Sea, the causes of deci-ease and the measures necessary tor the restoration and ptMinanent preseiva- tion of the seal herd, I can not but completely ajii'ce with y(»u in con- sideiiii^' the conclusions and iccommcndations you arriv<'d at 7, I had the jn'ood fortun«'to beabh^ to visit an extensive "rookery" of one of tin*. South Pacific l'>ared Seals, the well-known (Ptario jithoto; it was durinj;' my voyaye round the w(M'ld on the ''* Mojenta." The rooki^y in (juestion lies Just behind Cape Stokes in the (Jnlf of Penas, on the southern <'oast of Cliih', and is the one seen by Darwin durin|ii' his memorable voya,ue in the " liniffh-y 1 shall ni'verformin,n" thc^ most acrobatic evoluticms in the water nmnd our boat. That day 1 had my tirst experien<'e of these sinjiularcreatui'cs, and from that day dates the special intei«'st 1 have ever sin<'e taken in the study of the life-history of the Otarii(he, which is one of the ni'»st marvelous in zoolojiy. in the sju'injjf of ISSO, whilst Counnissioner for Italy at the }»Tand "Fischerei-Aufistellun^" lu'ld at IJerlin, I tirst had occasion to admiie, iu the Uuited States exhibit, the beautiful aud spirited dras izjgs uf '\M ( *i I* Si i 424 LKTTKHS OF NATl'ltALlSTS. Henry W. Elliott; I have siiicf tln-ii tnkoii a kwu interest in tlie wondeilnl lil'c-historyof tiieXortli ['iicilic Vav Sral {('dllorhiniis iirniiiKu), as best exiMnplilied on the riihiiov Islands. Later on I have earelnlly read and connnented on the various accounts wiiieli have aitpeared in ]>rint(Mi the sul>ie<'t ; thns, in .1. A. Allen's "North Ain<'rican Pinnipeds," Washinju'ton, l.SSO (p. ;{1l' and seipiel); bat more especially the detailed and jiiaphie descriptions which have lu'cn i»nblished by Henry W. Klliott in his nnisteily nunio^iiaidi "The Seal Islands of Alaska," in that firand woi-k by G. Ili'own (loode and associates, "The Fislieiies ami Fishery Industries of the United States" (vol. i, p. 75 and se(piel), VVashin;;ton, lcS84, and a^^ain in his luost interestinji' volume, "An Arctic Province, Alaska ami the Seal Islands," Loiulon, l.SS(}. After these precedents yon can <'asily iiuajiini^ how jireat an interest I take in that " vexata (pnestio," the KurSeal Fislu'ry in tlu^ i*.erin<{' Sea, with what i>leasure I received through the United States (Jov<'rnment and Mr. liou}"', the United States consul in this city, yourconiinnni<-ation, au' you in your noble eti'orl to pre- serv*' from utter destrncti(Mi one of tlie most intirestin,i>' of living crea- tures and t() ^iave at the sanu' time a most valuable soure(^ of human in- dustry an — that is, calculating one in three secured and each of the three suckling a pup or big with young — we most undoubtedly ne(Ml not look elsewhere to account for the rapid decrease in the rookeries on the Pribilof Islands; and I (|uite agiee with you in retiiining that unless the malpractice of pelagic sealing be prev(inteil or greatly checkeil, both in the North Pacittcr and in the Ilering Sea, the economic extermi- nation of Callorhinns nrsiniis is merely the matter of a few years. International legislation ought to intervene, and without ilelay, in this case, and suggest the means of possibly |)revcnting or, at least, consid- erably limiting the pelagic cajjture and killing of the Northern fur seal — a destructive aiul ultimately fatal industry, whicih forcibly recalls the well-known fable of the peasant who killeil the hen which laid the golden eggs. The industry derived from the rational killing of Fur Seals, as pi-acticed on the Pribilof Islands, has an econonnc value which extends far Ix^yoiul the limits, thougli vast, of the United States; and it must be rcnuMnbered that the commerret le savant memoire (jue vous m'ave/ fait I'honneur de m'adresser, cou- 64 1 iT m 426 LKTTKRS OF NATIRALISTS. reriiiiiit riiisloin'biolo^iiqucdn IMi(Miiu;i\ roiiiiiire (Callorhlints tn'shnis). Les (>l»s('rviiti(ms tr^s pivcises tjiie vojis avr/ fnitcs aux ilcs l'ril»il<>t" et les renscijfiKMiieiits iioii iiii>in.s exiiiits, iipimy-'s siir dcs 8tutisti(|iic.s otticit'Ilos, *i' la peclie on hantiiuier des Cdllnrliiims ini^i'ateni's, niai'. anssi de ivj^^ieniiMitcr et de liinitor sevenMneut la cliaase si torre des males encore trop Jennes pour so constituer un harem. D'aprC's vos im'ojm'os observatitnis, le mfde no s'aeconple ])as avant IVigo de six on sept aiis et la femelie ne met pas (pi'un petit a la i'ois. On pent done dire que I'espece ercMt lontoment ot s(; ninltlplie avee dif- ticulte: ce sont la des conditions d(''t'avorables, (pu ne Ini pornieltent point de reparer les lieeatombes ^ne de ses parents. II en est tJvidenmient de UK'me dans la (piestion (pii luuis pr(''occui)e et e'est pour notre g(^'n('ration un devoir inqx'rieux d'empeclierla destruction du IMioque si lourrure, d'en n'glementer s(''verement lachasse, de perp(!'tuer en un mot cette source de ricliesses et de la k;guer si nos descendants. A ces considerations d'ordre (icononii(|ue, j'en ajouterai une autre, d'ordre purement sentimental. Ce ii'est pas sans une itrol'onde tris- tesse (pie le luituraliste voit disparsiitre une tbule d'espcces animales, dont ce siocle aura cousorauu'' la destruction. Quand nos mers no s(U"ont plus liabifcc'cs psir les C(''tiic(3s et les grands Pinnipedes, (puind les sura ne seront i)lus sillcmiuss en t(ms sens psir les jM'tits oiscaiix in- sectiv(U'es, qui sait si lV'([uilibre de la nature ne sera pas roiiipu, (''(pii- libre ampu'l out coiuMmru puissament les 6tres en voie dVxtinctioii ? Avee ses barpons, ses amies i\ feu et sesengins de toutesorte, riiomme, chez leipiel I'iustinct de destruction atteint iiu plus liaut point, est lo plus cruel eiinemidc la nature et de I'lnmime lui-nu'ine. Ileureusemcnt, les ssivants Jettent encore $i temps le cri d'alarme. Daus ce siecle, ou I'on croit H la science, 11 faui esp(jrcr que leur voix ne i ']!./ ■m DR. UAIMIAKI. IILANCIIARD. 427 sp ponlra pas dans 1«' ddscrf. Kn parfinilicr, J'iii la cniivit'tioii (|iu' Ics incsun's tri's saj-u-s <|in' voiis |)r(ipi»sc/, <'ii viic i\v pn'stTVcr (I'lUU' dr- stniction iiiiiiiiiiciitc !«' Callorliiinis iirniniis, scroiit somiiist'M a iiiu' coin- inis-(ioii iiitcniatioiialc, I'tiris, Hevfotairc (jencnil . (J.: Sir and IIonouiii) (Jollea(1Ui;: 1 liaveread with the deepest inter est the learned memoir which yoii liave done me the honor to s<'iid me (;onc(^rniii<;' the biolofiical history <»f"tlie fur seal (('allnrliiiiiis rrnimis). The very precise observations wliich you made at the I'ribilol" Is- lands, and the no less exact inlbrm:ition, baseil on oUticial statistii-s, which you jiive i;;ested to you conclusions with whi»'h I fully af^i'ce. I will ji'o (^ven further than you, for 1 thiidv it urjient not only to ri.uidly prohibit the takinji' of tlie mi;>ratory ('allorhinus in the open sea, but also to r«'j;iilate and linut severely tlie huntiu}? on land of males still too y(Hin'4' to liave a harem. Accordinji' to your own observations the male does not pair ott' before the aji'cof (i or 7 years and the female jjives birth to only one pup at a time. It can be said, then, tiuit the species increases slowly and mul- tiplies with ditticulty. Tliese are unfavorable conditions, which do not allow it to rei)air the heoatond)s which for several yei.rspast have been and arc decimatiii};' the species. r>y I'cason of the nnissacres of which it is the victim, this species is advancing' rapidly toward its total ami final destiuctiou, following the fatal road on which the h'lii/tina kStellcri, the Moiiachun tropical in^ ami the Macrorhiiiiis aiiiiiistirostris have preceded it, to <'ite only the great mammifcrs which but recently abounded in the American seas. >«ow, the irremediable destruction of an eminently useful animal sjK'cies, such as this one, is, to si»eak plainly, a crime of which we are rendering ourselves guilty towards our descendants. To satisfy oar in- stincts of cujndity we voluntarily exhaust, and that forever, a source of wealth, which, projierly regulated, ought, on the contrary, to contrib- ute to the i)rosperity of our own generation and of those which will succeed it. When we live on our cajutal we can undoubteoverty. On the other hand, in causing our capital to b«' pi'(tp«'rly pr(>ductive, w'e draw from it con- stantly a splendid income, whicii does not, perhaps, give the large means y prudent Vi'iitures or by a well-regulated economy he <'an ev»'n increase progr: -.sively his inheritance and leave to his children a greater fortune than he had [f^f ^km ';-5!li|?!- 428 LKTTKKS OK NATlllAUSTS. liiiiisj'ir received from liis iiareiits. It in evidently tlio siiiiie witli the <|ueMtioii wliieli oceiipies us, and it is tor our ;;'eueratioii ,iii iin|H'rioiiH (lilty to pi'event tlie destnictioii of tlie fur seal, to re;iiil -.te strijrtly its eapture — in a word, to perpntuate this source of wealtli and to heijueat!! it to our desccMilaiits. To these eoiisideratious of an Cicononiic character I will add another of a nature juirely sentimental. It is not without profound sadness that the naturalist sees a lar;;'e number of animal spet^ies disa|>pear, the destruction of which this century will ha\'«> seen accomplished. When our seas are no lonj,f<'r inhabited hy tln^Cetaceaand thefjreat Pinnipeds, when the air is no lonj^er furrowetl in all directions by little insectiver- ous birds, who knows if the e([uilibriuin of initure will not be broken, an equilibrium to which the taeatures on the way to extinction have {greatly contributed!! With his harpoona, his hrearms, and his nmchines of every kind, man, with whom the instinct of destruction attains its hi<;'liest point, is the most cru«'l enemy of nature and of mankind itself. nap|)ily, while yet in time, the savants sound the alarm. In this century, wlu^i we believe in science, we must hope that their voi<'e will not be lost in the ayue, the expression of my most distinguished sentiments. Dr. Raphael liLANoiiARD, ProfeHsor and Fellow of the Mrilical FacuUy of Paris, and General Secretary of the Zouloyival Society of France. I Repty of Prof. Doctor Wilhelm Lilljeborg, of Upsa/a, Sweden, and Prof Baron Adolf £. Nordenskjold, of the Academy of Sciences, Stockholm, Sweden. Stockholm, iWi May, 1893. Dr. C. riABT Mr.RRIAN, Wanhinyton, J). C: Dear Sir: In answer to your letter of 2d April, askinj; our opinion as to the causes of the decrease of the sto<'k of Northern Fur Seals {CaUorhiuuN Ur.sinu,s) on the rookeries of the islands in the North Pa- cific or Bering Sea, and concerning the means proposed by you to arrest this decrease, we allow us to state the following— Your desciiption of the life (jf the Northern Fur Seal corresponds generally with similar descripti«)ns by former authors, from the cele- brated Dr. Steller, wlio (1741-42) visited the Commander Islands with Vitus Hering, to our days, and also with our own personal experiences of the animal life in the arctic seas, and with the infin-mations one of us gathered from the iidiabitants during a sluu-t stay in the Bering Sea. We do not, therefore, hesitate to declare that the facts about tlie litxi and habits of the Fur Seal, stated by you in your said letter under 1-20, should serve as a base for the regulations necessary to preserve this gi-egarious animal from its threatened extinction in a comi)ara- tively short time. These regulations may be divided into two cathegories, viz. — Imo. — Itegulatious for the killing, etc., of the Fur Seals on the rookeries in PROFS. W. LILLJKHoliG AND A. K. XOUhKNSk'IOM). 429 onltM' l.o |H('V('iit tlio ^iTiKliiiil oiuMii ill lar;;'o licrds to a:iiit the ^railnal diiniiination of tlie stock. If a wider <^\pei'ieiiee should re- qiiir(>soiiieiiiodilieatioiis in these i-e;;iilatioiis, there is iiodaii;;'er init that siieli iniMliflcation-; will lu> adopted. It is evidently in the intitrest of the owners of tlie rookeries to take ear«' tliat this soiiree ol wealth should not he lessened l»y exe«'ssi\(' exploitation. N(»rwill there he any didienlty tor stiidyiii;;' the conditions for health and thriving; of the ani- mals diiriii;>' the rooknie season. As t(» the l'ela;;ic Sealing, it is evident that a systematic hnntinj,' of the Seals in the open sea on the way to and from or arouinl the rook- eries, will very soon canst' the eoniplett' extinction of this valiia)>le, and from scientitu* ])i»iiit of view, so extremely interestiii}; and important animal, especially as a great iininher of the animals killed in this man- ner are pregnant "cows," or "cows" temporally separated from tlu'ir imps while seeking food in the vicinity of the rookery. lOvery one hav- ing some experieiici' in Seal-hniitiiig can also attest that only a rela- tively small part of the Seals killeil or seriously wounded in the open sea can in this manner l>e caught. We are therefore persuaded that a ]»roliibitiiitung dieser Antwort bitto gefiilligst meiner Kraiikheit /.n/.iischreiben. Ks freut mieli aiisserordeiitlich. dass die Vereinigten Staaten eine so bewiihrte I*ersi)nli«'likeit wie Dr. Mt'iriam ziim Krmittler der rrsachen gewiihlt halieii. welche die reisseiide Abiiahme der Seebiiren bediiigen. Jetzt lit'gt der Thatbestand wissenschaftlicli aiifgehellt klar vor, sogar jedem Laien verstiindlitdi. Die von der ltiissis(^li-AiiH>rikaiiisclieii Coin- jiagnie eingetiihrte iJehandliingsweise dieser Tliiere in ilirem Dalieim aufden I'ribylow-liiselii wird eben so ratioiiell w«'iter fortgefiihrt iiiid liat sich iiber ein lialbes Jalirhuiidert hindureh bewiihrt, sowolil durcli bedeiitende Einiiahmen alsaiieh dureb deren Xaclihaltigkeit. So laiige nur iiberschiissige .lungbiillen* gescUlaehtet werdeii, ist iiicht uur der Bestand. sondeni auch der Zuwachs der Ileerde gesichert. Leider sind die S;>eliiireii Wanderthiere uiid namentlieh begeben sich die triichtigen VVeibchen wiihrend XuCiii»mHj, d. i. ".Jiiiii;;^'"*" ihiii" oder " I'lilicwfibtc" eulHtaudt'ii iot. 430 LETTKHS OF NAITRAUSTS. vcrstiiiidlich wird imr dmcli intniiad'oiiiil H'st/.ustclN'iMlcn Srliufz AWliilfc "irscliiilVt wcnlcii Ur»iiii<'ii. Wic rascli die Vci'iiicliliiiiji' ciiiluiclit. liabcii uiis die Millimu'ii daliin- jicscliwinidciicr IJisdii bcwicscii. .Mit Lcl/tcrcn iiat cs alx'v iiisorcni «'iii«' ;;;•.!!/, audit' llcwaiidiiiss, als dii' N'criiiclitiiiij; kciiicsw t';:s volks- Aviitliscliattliclu' Hcdcutiiii};' liat. soiidciii nut' cim* ('tllis(•ll«^ iiiir voii dicscin Standpiuditc vcrlaii^t die < "ivilisatioii dcr -Ict/f/rit die ICriial- tnwjX ciiicr IMusti'iliccrdt' \oii ucniji'.'n liiiiidcil IviiplcM sowohl in lAt- tliaiH'ii als ill Nitrd-Aiiic! ika. Scit die /;iliiiiiiin;s mid Ilylnidisatioiis- \ ci'siiclic iiiit r>is(Hitlii('i('ii H'sidtatlos jit'lilichcii. isl cs klar, dass die VVcidciiriiiidc dcr llisoii xoitlicilliaf'tcr din^t von v(dks\virtlis(liaf'rli('luMii Int^'rcsHi' und /waiohiie Zutliun dcs M«'n- scIm'ii /u llanstluci'cn ciscliancii. wic icli das scIimii vnr lan;^('n Jalircii Ix'toiit lialx". (\'('i <>l. iiicinc "Sibirisclic llcisc," hand iv, Tlit'ii 1, Tafs «SH».) Si(^ siiid s(»{>ar das iiiit/.Ii(^bste llau.stliitM'. das juar kciiu' l'Mirsor<«e, kciiH' Aiisnaben vcrlanjit and dadiircii die iKirlistcn iiciu^cwiniic i'l/iclcn liisst. Lassen wir in (iiMJanken den Sccliiiren verseliwindeii, was kr»iinte danii deiiselheii eisetzen uni iinl'asshare Kisciivoriiitlie des O/eans in <;('siiclite Waare des Weltiiiarktes nin/iiarbeilen ' Als \varneiid<' ( ledenktalid steiit jet/.t die srit andertiialli .lalirliunder- ten veWidete IJeiiiiiisinsel da. Ilat si'Kcin dei niiichli;;)' l"or|,-ciiritt der ><'eiixeit ill irjiciid eiiier Weise die Seekuli { L'liiiliiui Stclitii) /.w {'rnvt/.v\\ veiinoelit, dieseii Koloss. welelier alK mariner I'tian/en I'resst'rdviziibe- stiniinT war, unhrauelibare Taiige in selmiaeklialf** Flei.selikost inii/.n- wainkdn t VV«nn Hie, Hirer Andentunji' j;'eniiiss. ileirii 1 M'. Merriain. (lessen Adressc icb iiiciit keiine. den liiiialt dieses Ib'ieles inittlieileii woMlen, so wiirden Sie inicli selir \ crbintb'ii. l(ih liabe die lOhre/u sein. iioriif^eeiirter li(M'i'. liir j>aiiz orijebnier, Dr. A. V. MiuijHNDoiu^'F, (Dietat w e;;en Liibnuing.) — E. v. Middknoorff. [TciuiHlat,i«T IHtin' is iad tliat tlie I'liiled States iiave selected so ••oni|ietent a ])(Msoii as Dr. Ab-rriam for tlic puriMise ol' asceriainiii.ii' riic causes ol tlic rapid decrease of seals. The fact* of the ease have now been seii'n- lilically «'\|»laiiied, so tliat tiiey iiuiy i>»e readilx nnderslood even by an nnscieiitilic person. The method of nreatini;' these animals which was orijuinally adojitcd by the IJiisHian .Vinericaii ("oinpany at their iiome on tiie I'ribiiof Islands is still coiitiiiiied in the sanu' rational mann<>i'. and lias, for more than half a cennirx . i>ccii found to be excellent, both on aecoiint of tiie liirr of seals taken, and ln-caiise they are not exteriiiinate i(»nji- as snpertiuons yoiiii;^' males* only are killed, n<»t <»idy the existence, but even ilic increase ol the herd is assured. Seals are, iinlbrtnnately. mijiiatorx animals, and set out on their jour- neys iliiring the winter months. This is espcciall.\ trueol the pre^iiiant *Pr. Morrinin cnlls ilicsd ••cliolliisrliickif '" I |iI'i'simii)< tliis iitninikiilili'. iIosiu-iki- tiim is tins (iiitjurowtli olnii invitliiniarv iiiiimImI inn ol' I he IviiHsiaii word "i-hoitwtjiilvi" (hit (ici'iiiaii orl<;iuiil), j. c., lnitilioloi'N, or t.iiiMi- iiiivlu;; no wives or iiiattiH. ! •"?♦* DR. A. V. MIDDEN'DOUFP. 431 fcniiilos. Tliey arc tlicn Imiitcd witli constantly iiicrcasinii- rapacity, aiitl are killed in the nitcn sea l>y tVcclxtotcrs IVoui all parts of llu^ \v(ul(l. It is evident that the only I'cnicdy for snc h a state of thin<;s can l»e atVordcd l)y international protection. Il(»\v r.ipidly extermination pi'oni'csses is shown liy the disa])pearanc(>. of millions of bisons. Willi these, however, the case is (jiiite dill'ercnt, sinci; their destruction is of no imjiortancc in an economical point of view. Its impoitancc^ is meiely of an csthelical charaitei, and from this stand|)oint only does modern civilization demand the preservation ol two specimen herds, nundiciiny' a lew hnndred head each — on<' in iiit tiMania and the otiicr in North Anu'iica. Since the attempts to do- mesticate the bison, ami to pr(Mlnce a cross lielwcen it and (Mir domes- tic cattle h^'^'c proved ;i failure, it is plain that the ;ii'onnd where the bison Ibrmerly ;nra/.«'d pcarcd, what couhl take its placi' as a converter of the innnense supply of lish in the ocean into <'hoice furs to stcK'k the imirkets of the world ? r.erin^i's Island, which has been deserted for a hundred ami fiity years, now stands as a warning;, lias modern ]noni('ss succceiied. in any way, in supplyinj:' the place of the si'wrow (Rlii/tiiHt Slcllcri), \\i;\\ hujie mon- ster which, as a eonsumcM of marine plants, was int(*nde(l to convert usj'less scii-weed into savory meat? If you will communi(!atc (as you sa.\ you pr(»pos(' to do) the c(mtents of this letter to Dr. Merriam, wlutse address I do not know, you will obli^ic me ji'ieatly. 1 hav(^ the honor to be, sir, your ni(»st obedicid servant, l)i. A. V. .Midi)i:ni)(Hifi'\ (Dictated, owing to lameness.) — Vl. v. Middemj(»I{FF. Reply of Dr. Emil Holub, of Prague, Austria-Hungary. \VnU\Y (ttMii I'rotrclnr.iic Sr. Kiiis. ii. I\()iii, futni'col the I''ur Seal (('((lli>rli!iiii.s rr.sinns (Jray). Ilaxinj;' well e(msiderc(l the matter, 1 will pass my opini »n without any prejudice whatevei'. The (ioverninent of the United States may be coiif-iatulated ui)on tln'aeti(m taken, in liaviniL>' sent out for the investijiation of ji matter whjeh falls into the Dcpartemciit of the Hoard of Trade a Seicntist. ami in this H]u'c,ial case a nmn who has taken such jireat pains with the object of Ills researches. Our age makes it to adiity for all civilized nations to bring trade and 432 LKTTKRH OF NATl'KAI-lSTS. coiniiH'rcM' ill ii close contact witli science. Tlii> lie(roiiics (|iiite a neces- ity, like in the present case, in wliicli <'oininerciiii cnsionis, even inter iiiitional a;;i'eenieiits. laws. ( c. ■oiiie lie sti^anon asiires to iiiKiersiiiiM till ot rcs( the 'are! ttnr insiillicient to secure a sound s can ^npiilyilie desired coii- ilie tai*«'u, and i»rovide the hasis liii};- i;iii he cslalilishcd. les I iiMJorsc yoiir opinion, that seal on the I'liinloi' Islands has hi'en caused by jH'lajiie sealiii;; in tl»«- North !'.M'i(i<- and in th«' INMiii};; Sea, and that this takiiij;' of tli*' seailf at sea lias to be stopped as early as possible. To restore in time tlu' nniiibers of yBianials ol' finiiiei years. ! take the libertvto name (lie following iiieasiin»~- lortlie sakeof consideration: llt^ \ririi ion IH' ( c ti iit-«- iiroi nt- 1< otlH'i- powers, piestion between the United ■(tate are cone* rned innii) •IS of the breediiijr jiiii. cs as A. Concerniiij; certain ajiiceinc 1. A iiiutnal nnderstandiii;^ ii) States, Russia, and -lapan. Tlies liira in this matter as beiii<>' the j well, like also of the (isliiny- y;niniid.- u! tiie said animals (liiriiii^ llieii yearly wanderiiifis to and fro. Ii. Imh' the sak<' of brevity in action aiiid a speedy settleinenl, thesis three States (aCler liavilij; aj;iT»^. The ITiiitcd States liaviiit:' u-iven unwdse to the matter to juaiii the prcstifi'e. that an Inited St. iii:iii sliali of elected to this hoiionr. 4. A t'oiij>ress to be i-alled to^-ether. iwvitiitions to be sent to those of the Knropeanand American uijwers. "Ikis subjects indulj^e in pela,yic sealing' in the Noitli I'acilicatid the Hen n^- Sea. 5. In tlieCon^it'ss tin' IJcpresentativfol the three powers (sub. ]i. I) to have six voices, lesnltiny in two voires for «'vcrv ot these powers, wliicii concession to be ;iraiited upon tin* facts of p. I. U. The Con^^ress to deal with the stf^ppan'e of pclaj^ic sealinre. dcMertiiiy their pnqitH for so Innjj and belli};' alsoexpo.sed to the wcaiiions of the pelayic !*eDil»'t TM. IHt U. ill .iscei'tainiiiu ( p. U) U> »»iy a s]»eeial attention t«» mussels belonj •r to rhe famiiies ol the Mj/ii x/fcaiid A riciiliihv (to the yenera of .1///- HlitH. MtuHolu. Litli «;s T^OCTOKS KMII- iroH'M AND CAllLOS liKKO, 43;j I tootlirr s|MM'irs ol" tln' Noitli i';icilic. wliicli would prdinisc ii jfood pro- liticiitioii : t'iii-tli«T,!ilso, tocrrliiin si^iiwccdsJorsiiltiiiiiriiH' pliiiitiiti()ii,tlii> sptutifs K) wliicli I iilltidf <'()iit:iiiiiii<>' a ;;r(':it deal of catidtN' ;;«'latiii(ius niatScr. IL'. These uieasures, besides to he tak«Mi tVoiii (eeoiioiiiieal reasons oit Ix'lialt'oi iioineeoMiiiiereeaiid lioaietrade, to Ite reeoitiiiieiided also tVoiii a seieiitilie point of view, as an act of pi-eservatioii (da sea-iiiaiiiiiial and from tli«' eoniuiou laws of Imnianity, (hat species of laryc and wild liv- in;; nianinial nia.v l>«' i^iiarded against utter anihilation. Slankind n»'vei- to lorj^ct that, l»ein;i the master anioni; the livin;^' cieatuies on eaith, it has the powciof re-creation. 11' the pelajiie sealiuff of the fur seal is carried on siilj lon;;er, like it has been e\ecut<'d durin}>' the last years, the pela;iic sealinj; as a business nnitter and a ^'liviu};" will soon cease i»y the full extermina- tion of tiie useful, animal. The oltjections i)rou;;ht tbiward by the friends of the pelagic sealin;;" aj-ainst its sfoppa^^c, that the latter will ruin a jireat many families of seamen and tisheis can not be taken as sound ar;;nnients. It is a well known and a common tiling; in our a;;'e, but a weekly occiirren<-e during the last years, that a new trade spiinj^inji up ruins two other trades, and hardly in one case out of hundreds can a compensation be <;ivenor is asked for. In concladinj; my note, I thaidvyou, my deal- sir, as my esteemed tel- low worker in anothei- transatlantic spliei e, for the excellent wiuk whicdi you have executed duriu};' y(Mir weary investij;ati(»ns in the Merinji Sea. May this noith- and impoitant woik i)e i-rowned with the deserved suc- cess, that that piratic hunt may l)e stopped forever. The opportunity of the Col. Kxhiltition in Chica;;*) miuht be used to call the (Jon^iiess to \Vasliin>iton and then to jiive to the dele;;at<'S the treat of a visit to the nionstrcais Kxhibition. I should feel very liai)py if one day toconie 1 can nnike your persona! actiuaintance and can shak<' hand> with you, my dear sir. With my humbU' resi>ects, I remain, your most oi)edient, 1)1'. I'iMIL IloLUB. REPLY OF Dl{. (lAUI.OS lUWK}, OF UIKN'OS AlllllS. MrsEo Nacionm. de lit enos Aii{ks, limmoH Aires, I June, /x'/^^ Sir: In answer to your circular dated April li, a. c., and directed to Dr. Hermann llurmeistcr, I rej^iet to let you know that same liHlmn'Ht of a CloHoThnoin tlio Seal I'isliery oftliu Kiilkhiiiil l.slaiKls iuid lli«*jr Di-ix^iiilcacit-s, and tlii^ Moas ailJartMil tlicn-to. WlHMoas tlu' seal tislicry of these isliinds, wliicli was at one time a source of profit and advantage to tlie eoloitists, lias liecn (^xliaiisted hy indiscriininate aiul wastt'Cnl tisliin^, and it is desiralde to levive and prote<'t tldsiudustry by tlie estaidisliiiient of a elosetiiuc, dnriiij;' \vlii<-ii it sliall be uidawfid to kill or cai»tnre seals witliiii tiie limits of this eolony and its di'pendencies: lie it thcrvforc eii(ictei I I'^r ^^^^ II 4;$c rOUEKJN STATITHS. Oiic-liaH'or tnt'iy iMiiiiilty ro. ovt'icd mulcr this (H(liiiiHUM' sliiill !>(> paid to the person wlio proseniti ;1 (lie ofU'iicoor siu'd lor such pnialty. All lilies, lortV'itiircs, and penalties recovered under this ordinanet*, where not otherwise hen-iidjelbre provided, shall i»e to lltT Majesty, her heirs, and sueeessors, and shall he paid to the treasurer for the use of the jiovernnu'iit of this colony. For all purposes of and in<',idental to the trial and iiunislnnent of any person aciiusedol "any olfence under this ordinance and the proceedinjis and matters preliminary and incidental to and conset|ueiitial on his trial and punislunent, and for all purposes of and incidental to the Juris- ein««- he found. 4. Where the owner or master nl' a ship or vessel is adjndfied to pay >i ;>enalty lor an offence under thisoi'dinance the <'ourt rwniiv'''^ "' "'"''" '"i».Vi '" addition to any otlun- power they may have for the puriMise of compellinp; payment of such pen- alty, direct the same to be levied by distress or aii»^stm<'nt and sale of the said shi[» or vessel and her tackle. 5. In thisonlinance the exi)n'ssion "seal" means the " fui- seal," the "sea otter," the "hair seal," the " sea t'lcphant," the "sea leopard,'' and tlu' "sea doj?," an«l includes any animal of the seal kinal Short titli>. ^ M 'K • *]• J. NEW ZEALAND. [20 una -ll Vict.. in\>. j:!. Htli .Imio, 1803.] AN ACT of tlie ravliaiiicnt ofdriNit Britain ti) alter tlic Hoiiiidnrios of Xcw Zoalaiid. Whereasby the Kijihtieth Section of an Act of the Fifteenth Year of Her jNfaJesty, Chapter Seventy-two, en titled "Anacttojiranta Represent alive Oonstitntion to the Colony of New Zealand," it was providetl that for the Purposes of that Act the said Colony should be held to include the Terri- tories therein mentioned; and whereas it is e.\i)ed!ent to alter the Limits of the said Colony as declared by the said Act: lie it therefore enaeteil hi/ the (Jiieen\^ Most Hreelleiit Majesti/, hi/ ami irith the Ailriee and ('Onseiit of the Lords Sjtirittialanil Temporal, anil Coniinons, in this /tresent Parliament assembled, and hi/ the Anthnriti/ of the same, as fol loirs: 1. SonmchoftlieEionnds in respect of each seal so caught. 4. The (Jovernor may, by Ordei- in Council, from time to time extend or vary tlu> time dnrinj; which it is jjrohibitcd to hunt, cattth, or kill seals, and amy from time to time vary th*' JJ!»«'' ><'>''''"" may ijo close season so extr /enlanil in VarlUimnit (isneniliifd, and b)f uuthorltii ttl' llic same, as /'ollnirs: 1. Tlu' Sli.nt Title of tliis Act shall lie •'Tin' Seals Kislit'iies Protection Aet, ISTH." 2. Seetion two of "The Protection of Animals Aet Anieinlinent A<'t, IST"),'' is hereliy reitealed. 3. No peison shall hunt, eateh, '»r aftein])t to eateh or kill seals between the days liereinalter meiiti iied (\vhi«'h inter Sliiirt lillo. Ki'pcMl. CI use si'MSoll riud. val is lien'in referred to as "the close season"), that is to say, Ix'tweeii the lirst day of October and the first day of June followinji, both ineliisi\e; and anypei^on actin*;' in con- travi'Ution of this si'ction shall forfeit any seal can ;^ lit l»y him. and shall in addition thereto incur a penalty not ex<'eedinji tifty pounds, and a further penalty not exceedin<>- ten pounds in respe(!t of eai^h seal so caujj^ht. 4. The (lovernor may, by Order in Council, from time to tiuje extend or vary the time diirinji' whi(;h it is prohibited to hunt, catch, «»r kill seals, and may from time to time vary th<' <;!<>7 -'"'•««" "lay bo close season so extemled, an. If he shall thiidx it necessary for the preservation of seals todo so, the (lovernor may, in a similar manner, i'xtend the tinu'duriim' which it is prohibited to hunt, catch, or kill i'ii»'"i-y "'".v 1.0 seals over any term not exceedms'' thriH! years, and may at any time befon* the expiration of any such lerm further extend the same. (». Any penalties im])osed by this Act for the ])urpose of proliibitin;;" the eatcliine; or kiilinuof s«'als diirinu- the close season „ „. , 1 11 I 4. 1 ■ 1 ' ..1 1 I'nillltl.M tn iiliply shall ai>plv to such season, liowever tlii^ sauM- mav be km xt.ii.iid Mtusmis. varied or t.; n< led. 7. The (lovernor mav, bv Order in Council, from time to time ex- clude any part of the colony from the operati(m of this Act. DIhIi iris iiiiiv Itet'X- clmliid Iruiii Aut. '* K£W ZEALAND ACT, 1884. [48 Vict.. No, 18. Kitli XovrmlpiT. ]xm.\ AN ACT to I'roviilc lor tlic Conscrviitioii of I'lshcries. Be it enacted Itji the General As.s( inhli/ 0/ Xen' Zealand in Parliament assemhled, and hi/ the anthority of the same, as /'olhnrs : 1 . The Short title of this Act is " The Fisheries Con- suon titi.. servation Aet, 1.S.S4." -r l-iV A'SH KORKION STATI TKS. f . t The scvciiil Acts lirrniiKlci' iiii'iitioiKMl, iiiiil ill) Acts piisscil itt i,.,i iiiiH'iHlmciit tlu'icnl respectively, nvv lit'ii'liy iiicoi'ix)- Alls itiriii |iiini Willi iIiIh Act. rated witli tliis Act, That is to Hay — rpr«iiii». olo.., t>s- .'lii|iti' a laniliii;; net toit. "('ommissioiu'r" means the Commissioner of Trade and Customs. "Close s ason'' means the tinu' during which it is ih'clared un- lawful to take any six'cies of lisli, oysters, or seals; and ap]»lies to such season, however the sanu' may be varied or extended. "Fish" means and incliulesall lish and mammalia inhabiting the waters of the colony, whether indigenous or not, their yoiiUg or fry and spawn. "Oysters" means and includes shore oystt-rs, rock oysters, and mud oysters. " IM'cscribed" means ]>rescril)ed l)y this Act or by regulatituis. "Seals" includes all kind of seals anays theretd", includes aitilicial waters, but does not incbub' waters the property of any private per- sou. NKW ZKAI.AXI). 130 5. TIm* (iovcniMi- in Council iiiav, tVoni time di nio, ;ilv(>, iiitrr, and revoke r<';;iil:itions wliirli sliiili liavc I'orrt' an\ I'l mil' iiiiiN |iii' I I llir lr;:iillltliilM liir (1) i'ro\ idiii"- I'oi' tlu' inorc «'IV('ctiial |»r(»te«'tion iif i'i"i«'ii; ni>ii, ' ' , . . .• 1! I 1 ii osMliTs, anil Mi'iili*. tiiKJ iinproveuii'iit ul llsli, and the inana^^e- nieut ot any waters in wliicli fisiiinj; may l>e carried on. (2) In rt'speet of any species of (Isli, oysters, or seals, resjH'c- tively— (a) I'rescrihin;^' a 'tIosi' season" or "close seasons" in any year, inontli, wei;!*, or day, as may he most snitalde tor the whoh- or any part or parts of tlie cohdiy, during \viii«-li it sliall be nnhiwt'iil for any person to talie any tish, oysters, or seals of such sju'cies respectively, or in any way to injure ordis- tiirh the same; or (6) Extendiiij;or varying any chtse season so prescribed, or varying any close season so extended; or {c) Kxteiidin;;' any such close season over any term not exceedinji' three years, and, befoic the expirati(Mi of siicli tenn, further extendin;; the same. (3) rndiibiting the buyinjjf, selliuf;', exposinj: lor sale, or havin^iin possessiro- hibited, or prohibiting the use of any |tai'ticular engines, tackle, or api)aral us tor taking any tish or oysters. (S) Keserving from public us*' any natural oyster beds, so as Lo prevent their destruction. (9) iSetting ajiait within any harbor any bay or bays fre(|ueuted by tish for the purjiose of propagation, and imdiibiting the use of nets ol any kind in any such bays during such time as shall seem lit, «)r setting a|>art any river or other fresh or salt waters 'iir tln' natural or artiticial propagation of tish, oysters, »>.• seals. (10) For the protection of young tish, oi- fry, or spawn, at all times, andespecially for the presi-rvation and propagation thereof upon its imp(U'tati I'cjm'c. ami also a PI M till I ' iif iiiiiiiiiiiiiii i>«'iiall\ t'oi' tlit> Itiracli ol any such rc.miialioiis: aiul allsiicsi rciiulatlons >liall ln' ^a/.t'tlcil. and tliric upon shall \k\ IhikIjii;; and •-•mcliisiNc upon all pcisons as it llir same had ht'cn contained in this .\r<. (». Any pcnallics pii'sciilM'u ii\ any sncli it'unlaf ions as aforesaid lor ,, ... , , takiiiii. Iniviiitt- s««llini;, «-.>:i>oMiuy for sale, or hiivins: iiM\i(iiii.,i iins.' .s,;i- in possession iny hsli, or oysters, or aii\ seal or seal>. '*""■'• diiriii};' any cUm*' s«'asoii for the same respect i\ ely, sinill apply to siu'li season however tilie sjiiiie may ue varit'd or extended. 7. All fish, oysters, or seals unlawfully taueii, and any sUins, oil. or , ,, , hliihher from seals takt^i as aforesaid, and the Itaskets I'lsli. ell., anil lisli- ^ , . 1 ..^1 II II iiii.' -lai III 111' lor or otiier reeeptat-les tliereoi. and also all nets, jicar, '" ' tackle. <»r otilier apparatus iis<*(l in any unlawful tishiii;; (U' taking' of oysters itv sea.i.>. whether foiimi on shore or in an\ vessel or boat, shall l>e forfeit»Hl.a.ml sliall he dispi'>Hee of iif* the Coinniissi(uier uiay tliiiik fit. S. It shall he the duty of the Collectors of (iisioms within the ioImiiv to ,. ,, see that the nrovisioii^ ol his .Vet and (»f tiic sescral ( oIll'I'llll'S ol ( ll.S- . ^ . '...II -^1 II • 1 ■ I- . tiiiiis to —■ .\it car- Acts imoiporated herewitli arediilv carrn-d muM'tlecl, rill! iiiin.it, ■<;. jj^ikI (•,,,. ji,.,, piij.p,^,! t),,.\ sexcrally shall have and may exercise all the powers panted hy this Act and the aforesaid Acts ill that Itehalf. ".•. The Coiiiinissioiu'r may. from time to rime, a.ppoint sueii aiHwi.st- auts to the C^ollectors and SI h 'iier oflici'is. .serviiiitH. I riiinii-MoniT iiia\ i ii i , i iiiii.iMiiiii.r.Hsar.viiiii aud other perscnis as ma\ ...m ir to hiiii to l)e iieccs- "'"• sary for the effective a4lminisrr;i ion of this Act : all ol whmn >»lBi.ll, as w<'ll as the Collectors afore.sauL i»»" deemed to Ite oHici-rs apiwiuMHtl under this .\et. 10. Lirresi»ect of any speulations in st) fai- as tl*ey are so iit variance but not 4artli«T I* any way whatsoever. 11. Nxtiiliiu;:' in this .\<'t shall ullow fish to be tak»-ii during" cUM*e .sea- t;.,! , i„ s«>u in auy watecH except for the iMirjiHHe of pi8ci«ailure. WEW ZEALAin) ACT. 1887. t5i Viol.. So.::;, jiu.i intiiiiIpci-. ikst.] A.N XC HI iiiiiouil *"nhi> Fwtai.'i'i(f» ('(iiisorv.iiiiiii An, 1884." Sf' It EtmrU'ti m the iienarnl Axminhbj of S civ Zeahtutl iti Pntlmment axsdiihlid. (xml hfiv/ic aiitkttritjf of the Monic, iis /'olloics: 1. The siiort title of this Act is '-The Fisheries Con- servation Act I.S.St .\iiieadment Act, is.sT." '_'. "The Fisheries Coiiseivation .\ct, IS.SJ."' is herein Act 011884. w'ferred to as '• the said Act," ami this Act shall be lead with I he saul Act. Sliiii'i litlf 'I'll lie n'ail u itii llii AM. CANADA. 441 '.\. Tlic piMi'-ilty Miiif limy bf iiiipKscd iiiidrr (lit- ]nr ;iiiy icjiiiliitioiis ri'spccliiij;' sciils. Ix-aiiy smii iiol rxciM'diii;;- „,', I!,',';', 'i|,H,Ii,'!.. '"""'' (ivc liiiiidrcd |ioiiiids. ;iiid :i riiil her |M'ii;iIty of not cx- ct't'diii;"' twciily pounds lorcscry seal ill»';;iilly takt'ii. 4L 11° any ])t'i-s(»ii shall be loiiiid in Mic possi'ssion of any sral, or the iinniaiiiil'acliiKd product of any seal, diniiiii' tlic rlftsc r.wM.sshiii ..r s,:iIh, season, siicli pu.s^osioii sliall, lur tin' purposes of said 'i' . iiiinn-. i.isc s.ii. . , 1 .1 • I ■ 1 I I . 1 • 41 1 1 ^llll 111 I" IlKllll IllllilV- Act and tins .\et, lie deemed to !)»', in tlie al>seiiee ot ji.m i i," i,,!,,,,, m,.. Natisfaetory evidence to the contrary, snllieieiit proof -'"> that >iicli seal, or the seal from whitdi sneli iiiiiiiaiuifaetiired prodiiet has Iteeii oldained, has l)eeii illenally taken diirinji' t!ie e-Iose season. ~. Any vessel w boat tin' crew of which, or any part of the erew of wiiieh. shall b(^ enj-aged in illej;iilly takinji seals, and v.«s.u iimi ii..;itf aiiv \ essel or boat on board (»f which anv seal so iUe tiiui:;iii in ni. .liiiiv •! 1 1 1 1 ' 1 lilklllH rtlMl.1 111 |H' lol- fially taken, (»r the skin, oil, idnbber, or other product tviir.i. of a Heal so ille;;ally taken, shall lie found, shall, to<;'ether with the lioat' . furniture, ami apitnrtenances (d'siich vessel or boat, i)e Ibrleited to Her .Majesty, and .shall be disposed of as the (Jommissioner may think tit. (>. The olVicer in conin,;?;id of any vessel in lb r Majesty's navy, oi" any ollicer of < 'ustoins, or the master (»r other person in (■„,„, „i,ioiv,.s command (»f anv vessel beloii"iii<;' to Iler Maiestv in «'' i"i<'"«i"i-' i- ii' > the coloiiv,or wliicii may l)e in the em|)lov ot tiiedov- liiiMiiiiiMiit ;iii eminent 'of the colony,' may, either with or witiioin 1^^ I'li;' ;;,!;;i'\-;,M;: sailors, marines, or jxilice othcers, or such other per- '..iio icniiitni. son or persons as lie may think lit to employ, enter upon, take, and seize any vessel so liable t(» be forfeited as afor.'said, if found within the Jurisdiction of the (ioveinment of tiie (!oloiiy of New Zealand. 7. l'"iVery such ollicer. master, or person in coiiiiuiiml as aforesaid, or any ollicer of rustoms shall, with or without sailors, i',,^,.,- n. ^..anii marines, or police ollicers, (»r such other i)ersoii or vi- I'nKl'UlSi; I'lSIIKIt Y. SFif'TTOx 0. livery one who hunts or kills whales, seals, or porpoises by means of rockets, explosive ilislrunieiits, or shells shall be liaide to a penalty not exceediiiji thiee hundred dollars, and, in detaiilt of pay unjuii, to imprisonment for a term not exceediiiy six months. 442 l-nlii:i(;N STA'l IJTES. Skc'I'ion 7. l"'\<'rvMiu' wlm, with lioiii nr vi'ssol, diirinj:' tlu' tiiiioof lisliiiifi' lor s»';ils, UiiM\viiij;l_v nr w ilfiilly dislmbs. iiiipcili's, or iiijiircs iiiiy stMlcnliii-y s»'iil lislnT.v, pointed to assess damages; and any dama,i;es assessed, or which arise out of a reiu'tilioii oi' continnanee of the ditlicnlty ')rdered to l>e rem-'died, may be levied under the warrant of any lishery ollieer or justic*,! of the i)caee. I- NEWFOUNDLAND. [4'.' Viil., 1 :i|i. I. Kcliiihirv '-'-, l^"!•.*l ACT of the Govovninrnt of Ncwl'iiniiili;iiiil. rcsiH'ctiiij;' llif I'rosijcutiitii of the Soul Fishery. lie it eniirtetl Inf the (torcnior, Lrfjishitirt; Council ort for the seal lishery before th^^ 1st day of March in any year, lunh'r the penalty of MM dollars, to i»e recovered from theowner or other person on whose aeeoiiut such vess«'l Hindi have been sent to such lishery. 4. No seals shall be killed l»y the crew of an.\ steamer or sailin;;;- ves- sel before the 12tli day of March in any year, under a penalty of 1 dol- lars for«'\ery seal so killed, to be re ovi'ied fi(»m the owner or other person as aforesaid, or from the master or crew of the said vessel, or iVoin the parties reeeiviiifj the same, respectively: I'rnridnl, In case of fh«' owner or other person as aforesaid, that such owner or other person rect'ived such seals with notice or knowled-ic that the same had been killed bi'fore the iL'th day of March in any year. 5. No immature .seals, known as cats, shall be killed by the crew of any steamer or sailing vessel at any time, under a peiialt,\ of 4 imt coiit in iiiiuiImm' of sciils takoii on board or laiulod IVoiii siicli vessol arc of loss \voi<;lit, vdi'h, than 2S poniids aloiosaid. The tines and jM'iialtios ini'ntione«l in this section to a])i»ly to the excess ovoi- snch ."» ]>ci' ceitt. 0. No action shall bo luoiijiht by any jtorson to recovor aJiy ponalty ])rovi- Noyaj-o l)elbre the last day ol' Febrnary: I'mriilctl, That in the event of either oi' these days tailing on Sunday, such ves- sels may be cleared (tu the i»recedinji' Saturday. S. All penalties inciiired under tlie pi()\ isionsolthis A<'t shall be sued for and recovered in a snnnnary mannei' Ix'forc a Stipendiaiy Ma^^istrato by any person \. ho may sue for the same; one halt Of sindi penalty shall <;d to the i»arty who siiall sue for and prosecute the same, and the re- mainder to the liecoiver-licncral for the use (»f pul>lic lospitals. !>. If any jievsoii shall feel himself ap'i^riovcd by any judj»nient of a sti|»endiary ma;;istrato under tiiis Act, he shall hav<' lilieity to app-ial therefrom to the then next sittinji of Ilor Majesty's Suprenu' Court at St. John's: I'mrithtl, That notice of the same be yivon to the maj^istrate within li4 hours iifter such Judj.'inent shall liav«' l»een delivered and within five days thereafter ri'ccyiii/ances or otluM- security, with or without sureties, at the (tption o( such Mauistrato, shall ito «'ntorod into to i»ro>e(Ute the same without delay, and jiay such amount as may In^ awarded, with costs. ACT of tlie (lovorimieiit of N<'wt()iiii(llMiHl, to ;mii'iiil an Ai-t i)!iss(>(l in llic iL'iid yt-ar of tlic reijiriof Hit in'cscnt Majesty, cutiMotl "AiiAct rcspcciiii;; tin- I'rosfcuiiori of tlie Seiii I'ishcry."* [40 Vict.. <'. ). Miiicli;), lH8:i.l TieH ennctcd hif the Admin islytitor nf the (rorenimnit, Lff/ishifirc Cntai- cU and Asst'iilhli/, iii Lni'isldlit'c Si:ssli)ii roHrnit'd. 0,s Jhl loirs. • I. The -ud anil .'ht! sei'tious of the Act pas.sed in the tl'nd yeai' of the Ifeifiii «tf I lor present Maj»'sty. entitled "An Act respectinj;' th<' Prose- <'uti(Ui of the Seal Fishery," are hereby repealed, L'. No steanuT shall leave port for the seal fishery l)etbre tim hour ot <» o'oloi'lv in the forenoon on the 10th day of March in any yeai', uiuler the penalty of I'.OOO dollars, to be iccoveied from the (»v noi' or other p«'r.son on whose account siu*h steanuM shall have been sent to such tisliery: Provided, That in t!io event of tlu' said loth day of March fall- injion Sunday, any ste.'imer may leave port foi' such lishery atany time alter t» <»'clock in the forenoon of the previous day. .">. No sailinji' vessel shall leave poit for the seal lishery before the lioiu' of <» o'clock in the forenoon on the 1st day of .March in any year, under the penalty of I00d poi't of Newtbundhmd or its DeixMul- encifs for tin* i)ios('ciiti<»n of tlu' 8t'al Fishery Itofort' thv hour of six o'i'lock ill the fon'iiooii of the twelfth flay of >lai<'li in any year nmler a jK'iialty of live thousainl dollars, to be recovt'i'cd from the niastcr, owners, or other person on whose aeeouiit such steamer shall have been sent to siU'li fislu'ry; providi'd, that in the event of the twelfth day of March falliiiffon Sunday, aii\ steamer may leave jMiit for siieh tishery at any time after four o'clock in the afternoon of the previous day. (li) No seals shall he killed hy any cr<'W of any steamer or by any member thereof before the foiirteeiitli day of March or after the twen- tieth day of April in any year, nor shall seals so killed be bron^iht into any port of this colony or its dependencies, as aforesaid, in any year under pi'iialty of four thousand dollars, to l»e recovered from the mas ter, owner, or other i)ersoii on whose ac<*oniit such steamer sliall have been sent to such fishery. (li) No steamer shall proceed to the seal lishery from any part of this colony or its depeiid«'nei«'s on a sj'cond or subseipieiit trip in any year nnd«M' a penalty of four thonsaiul doHais, to be recovered from the master, owner, or other person on wlM.'se account sin-li steamer shall have be<'n sent to such fisiiery: i)rovi(l*Ml, that if it be shown to the satisfaction of the «'ollector. siibcollector, or other customs oflicer of the port from which such steamer sails that ,«'he has b(>eii forced by aiiyac <'ident to return to piu't diirin;i the first trip she shall not be deemed to have ;;'oiie upon a second snbseipicnt trip if she leaves port before tlu' twenty fifth day of .March in any year. (4) For the purposes of this Act steamers which have been on a first trip shall \h' deeim'd to be on a second or siii>se(pient trip if they shall enjiii{>;e at any time durin^i' the same year in ivillinji seals at any place wifliin the Jurisdiction of the SupieiiM' (Nriirv of .N'ewfoundlaiid after nliiriiinji from siuh first trip. And the master and owiieis shall be liable to the sann' penalties as provided in the third sectiini of this Act. Any «"(uni>laint or information under this section shall be made within three months next after the return of the said steamer to a jtort of thi.* Island. (.")) Sealing masters violatinji' any of the preciedinj;' seetifiiiH of this act shall be incompetent for two years after commic^ion of any ofl'*Mise thereunder to be employed to commaiHi steamers it the seal fishery ov to be cleared at the c.;stoin house as niasti-r of siu^li steamers. ((I) No oflicer of Her Majesty's customs in this colony shall clear any steamer for a sealinji voyajic before the eleventh day of .March in any year, ])rovided that in tlie event of the said eleventh day of March fallinfj; on a Sunday such steamers may be cleared on the |ue ceilint; Saturday. (7) Noacti(»ii shall be taken for the penaltie'^ provid<'d by the fourth section after twelve months from the time such penalty shall have been iucurred. I ttf M>, m i rii- m mi Wpy "'WT ifl3\ ■4! THlSWUlK rfTi«'. -n MW>TO'l<'**< l\, arc de- scribed l>\ a straight line riuiuin^ from Cape Voroiiof to Cape Kiiuliii, lhrou};li tiie NoiitlieaHtern cxtnMiiity of tlie island Morshovtsa. Sec. 2;{t. The inanageinent of th«' killiiiy us well as the ilivisioii of l»rooats tenor more boats are left over a si)e(;ial overseer nnist be ajipointed, but if the nnnd)er of boats left over numbers less than tiv*' no overseer need b«' si'lectcd. 8e<'. 2;U). The overseers assemble in the town of .Mezen about the twentieth of March and appoint tlu) day when tht sealers ar«' to put to sea. The day of dci)arture must l)e determined and publicly an- nounced in the townships named above (in sec. L*;3."i) not later than the L'ath of March. Sec. LJ.'JT. The places ofdei»arture for the Tstinsk sealing' are Cai)e Abraniof and Cape Ncrinsk, where those desirinj;' to enpi^ie in sealing must assemble on the a]>pointc(l day. Skc. 1.'.">S. The day ai)i)ointcd for dei)arture for the Tstinsk sealing ^pounds from Cape Nerinsk nnist always be four days earlier than iihat set for Cape Abramof, so that if, for instance, the lOth day of April lias been set foi' Alnamof. the sealers nuist set out from Nerinsk on the tith of April. Sec. LJ.'Jl). During the contininnice of the hunt it isstiictlyfobidden to light lircs to windward of tlic grou]ts or haidiiig gnauuls of seals, or to alarm them in any way. Skc. J4(I. Persons guilty of violation of tin' aboxc ruh's aic liable to prosecution undei' article .">7 of the Penal Code for K'ural Courts and to contiscation of the whole catt-h. The boat to which the violator of the law belongs will b»' lu'ld icsponsible for the penalty imposed. • ****«* THE FISHING AND SEALING INDCSTRIES IN THE CASPIAN SEA. Sec. ^\'^. The catching of fish and killing of seals in the wateis of the Caspian Sea iiu'luded in the Itussian lOmpirc, arr fr<'(' to all who desire to eiuiage in the same, except in certain localities heieafter de- tiiK'd In swfion 4.'{!>, under observance of the ruh-s herewith established. *##**#♦ Sec. 4.)."). For the right of lishing in the sea a license fee will be ,¥■': # *, 44G FOl{i:iGN STATUTES. f I •vli ' I I OP ill <'oI!o<'t<'iiH and pulilisli the same aci'drtlin^ly. Sec. 440. The administration of all matters relating to fisheries and sealing industries in the localities mentioned in sei-tions 4;{ii and 4;{;{ is intrusted to the Department of Agiicniture and Rural Indnstrii's of the Ministry of Imperial IMoperty. Sec. 441. The lo(!al management of these industries is jdaced in the hands of special bureaus in the city of Astrakhan, under the title of "Administration of Fishing and Sealing Industries; The Committt'e on Fisheries and Sealing Industri«'s, and the Fishery and Sealing Police." NoTK. — The voH.st'ls of tlie Astrakhan liurcaii of Fisliin^- and Sealinjj; Industries are tMititlod to carry a special tla^; and pennant to distinguish tlieiii from merchant vessels. Sec, 442. The Bureau of Fishing and Sealing Industries consists of a Chief, three Inspectors (one senior and two juniors), and the necessary <'lerical force. In the absence of the (Jliief the senior Inspector tfikes his ](lace. Se(!. 44.'i. The Chief of the Bureau is subject to Iligliest Orders ; the Inspcctorst^) the orders of the -Minister of Imperial Pr.>pi'rty; the other ollicials to the Bureau of Fishing and Sealing Industries. Sec. 444. The Bure ui stands in tlu^ same relation to the Ministry of Imperial Property and to the (lovernor of Astrakhan as the Provincial Bureau of Imperial Property. Sec. 445. The Bureau is charged with the general supcnvision of the enfonuMuenl of the regulations promulgated in sections 432 to .">9!> of this Code, but if idrcumstances should arise which are not specially re- IMSSIA. 147 fcrred fo in tlieso r«'{jiiliitions, iiiiiir<^au, un«ler lustnictionsof tin' Minisliyof Imperial Property, will issue licenses for lisliiu'j or killiii;;- seals (tin plates with a number to be atlixed to the bow of the boats or to the forward part of the sleds used for sealinjr on the ice). The necessary blanks, re- ceipts, etc., will be furnished by the Public Tieasury, upon reiiuisition and statement as to the uumliei' re<|uired. Sec. 455. The Bureau of Fishinjjf and Sealing Industries is charged with the collection offer's and tines and with the sah' by auction of all eontiscated proj)erty. If such property has been seized outsidi' of Astrakhan and its shipnu'ut to that place is not convenient, th<^ local fiscal authorities nearest to tln' place of seizure may be entrusted with such sale, in the presence of one of the oHiciais of the Bureau. The liureau receives the reports of the Police of Fishing aiul Sealing Industries of all violations of the regulations, and inaugurates proceed- ings against ollenders in accordani-e with the resjiective soc^tions of this Code. Sec. 498. Of the three luspes-tors of the Sealing Industry oiu», is sta- tioned on Kulali Island, where the principal killing is done, to enfor(;e com])liance with the protective regulations. Sec. 499. The principal duty of the othei- two lnspe(!tors consists in the collection of the duties on seal »»il sliipped to Astrakhan tor trans- mission to the interior ]»rovinces of Itussia. * * * « # « * Sec. 535. The sealing industry is free o\ er the whole extent of the Caspian Sea specified in section 4."{'J. Sec. 530. The sealers may wintei- on the sealing grounds, with the ex- ception of the localities where seals haul up for breeding. All who desire to make use of this j)rivilege must procure an annual licensi^ Sec. 537. The killing of seals must i)eb<'guii by all sealers at (»ne and the sanu^ tiim', and for this puipose they will assemble at a certain point for consultaiion, duly notifying tlie Inspector at Kulaliiisk to en- able him to be i)reseiit. From the point sele-ted all sealers depart to- gether, accompanied by the Inspector, without waiting for any who may fail to apju'ar in time. Sec. 53.S. The so-called "driving" of seals, /.«., driving them into stationary nets by shouting and discharging lircarms, is prohibited on all islands and coasts where the seals haul uj) for brei'iling. At all other placos driving is permitted, unless it interferes with other fish- eries. Sec. 540. The killing of se;ds in the winter, the old as well as the young, or white seals (for which the men go out on the ice with horses) ')'■ -Ait,.' 'J 4 IS FOUKKJN STATIITKS. is lorbidtUMi, but on the bn-akinj;' upoltlu' i<*o,seiil8 iiiiiy be killed fnun boats. 8K(r. Mi). F()ikinin{js»'aIsbot()i«>tlH'ii|»|M»iiit«'(l tiiiMM-aciilMmt is IIiumI tiftv rubles and tlie whoh* «'ateh eonlisealed. Skc. ")S1. For kiliiii^i' srals on Hie iee in tlie winter the ott'ender is lined two rubles lor caeli seal kille ocean aiuiilguU'y llic Miiiistur of Stato I'cir Ai;iicnUuro ami Cotuineitr.] [TraiiNlalion.] • ••***• Sec. 14. Hereafter the huntinj,' and killing of seals and sea otter in the Hokkaido (Vesso and the islands to the north belonging to.Ia|)an), except as hereinafter provided, is prohibited. Any person who shall be convicted of a violation of this regulation shall be punished in accs of Section .'571-' of the Criminal Code,* and, in addition, the skins or other fruits of smh un- lawful hunting shall be summarily contiscated. Tf such skins, etc., shall have been sold, the ottender shall be liable to the paynu-iit of a tine e4iual to the total amount received ther«'for. The Minister of State for Agriculture and Conunerce shall be em- powered to grant to such persons as he nuiy deem fit, and tor such compensation as may be determined upon, the exclusive privilege of *S«!ction 372 of the Ciimiuiil Code has n-fercnce to the tholt of Htnndinjj crops, grtiin, veiretahleR, etc. It provides a mininiitui )tiiniHliiii(>iit of one mouth's uud a uiuximum pnaishmeut uf one year's iiiiprisoiiiuuut at hard labor. 57 >^ fries'' l)r: ^> IMAGE EVALUATION TEST TARGET (MT-3) fe T // 4^ . 4?. /. ?/, II I.I 11.25 28 §2.5 |50 |1« 1^ K 2.2 1^ 1^ 12.0 18 iA 11116 V] 7] ^:> 9 >* '^r w Photographic Sciences Corporation <^ \ •NS \ ;\ 23 WEST MAIN STREET WC3STER,N.Y. )4S80 (716)873-4S03 T ^^ 0^..^ 450 FOHKKiN .STATITKS. ' ;, . lnuifiiiijsciils jiiid s(>;i otttT ill Mic Hokkiiido. And in such case, i'.iv provisions ol' tln' ro'.Tj>oinj A true translation. |MM>liil)ition sliiill not iipply. I). W. Stkvkns, t'oKHNvllor of l,(yecies of sea birds. In l.STli and 1S7(> similar statutes- were passed for the ]»r(>tection of wild land birds. Eighty different species of birds were iiH'ntioned in these acts, and a close season of five and a half months prescribed for them. In 18S() "The Wild Birds Protection Act"' was passed, which repealed the three acts above mentioned ami prescribed one uniform clos»^ season lasting from March 1 to August 1, for all birds whatsoever, in evi'ry part of the (Jnited Kingdom. ITiuler this act, which is in tbree at the present time, it is unlawful during the close time prescribed "to shoot or attempt to shoot any Mild bird; or to use any boat for shooting or causing to be shot any wihl bird; or to use any lime, traj), snare, or other instrument for taking any wild bird."'' It is al8(» illegal under this act. as inf lisli. i>y tlie Sidmon Fishery iVcts of ISdo, IST.'S, and 1.S7(»' close seasons auMlcsi^nated lor s.ilmon, trout, andcha-, and for all otiierkinds of freshwater iisli (which prior to 1S7.S niif-ht be caught IVecly at all seasons of the year) by the Freshwater I-'isheries Act of 187cS.^ Tiieaetof IST.T' fiirthiM' protects the salmon in rivers by forbidding- all perscuis from lixinj;' any baskets, nets, traps, or ni Mar. 1 to Aug. 1.. Slatnfcs 1 and i; Wni. IV. c, :)'_'. Sec. :). /I and 2 Win, 1\', c. HL', .Sci'. li; S (i jic 111, c. :).">, Sec. 4. >10 Win. Ill, (^ H, Sec. «. 1 and 2 Will. IV, c. :r.'. Sec.:(. 4U and 4+ Vict., c. 47. Sec. 1. i:t (Jeorye III, e. r,i. Sec. 1. 1 and 2 Will. IV, c. ;12, Sec. a. KMieoiKc III, <:. ni. Sec. 1. .1 1(7 (ieorjic III, c. 21, Sec. 2. .! 1 and 2 Win. IV, c. ;)2, ,Sec. I). .1 Killeorye III, c. .-|4, Sec. 1. .1 2Hiind 20 Vict., c. .->4. ., 4:1 and 44 Vict., c. :!.■>. Sec. ;t. .1 U7(ieoiKe III, c, 21, Sec, 2. .1 4;i and 44 Vict., c. ;i,-), .Sec. 3. *&'» I'i 1 28 anil 2!) Vict., c. 121; 36 aud 37 Vict., c. 71; 39 and 40 Vict., c. 19. HI and 42 Vict. c. 39. »m and 37 Vict., c. 71, Soc. 15. ^R. S., (!. 9.5, Sees. 8-12, Iti. n aiul2 Wui. IV., c. 32, Sec. 4; 41 and 42 Vict., c. 39, Sec. 11; 43 aud 44 Vict.,c. 35, Sec. 3; R. S. of Canada, c. 95, Sec. 12. 452 !l: "f > m 1 .1 1 it iff! FOREIGN STATUTES. Table of Closv ScttHons for Fish now in force. Name of HhIi. Name of country. Close aeason. Statutes. Bass Ontario and Quebec. . . Apr. 15toJuuol5 B,y Governor in (Council undiT Kevised Statutes, c. 95, Sees. 11, 16. 28 and 29 Vict., c. 121, Sec. 04. Clinr England and Wales... do Oct. 1 to Feb.l Frcsliwntor flsli Mar. 15 to June 15 "The Freshwater Fislieries Act, (oxr('|it iioUcn, 1878, " 40 and 41 Vict., c. 39, Sec. trout. iiuili'liiir.) 11. Jiei'i'iii"" West coast of ^Scotland . Day fishing prohibited between June 1 and "The Herring Fislieries (.Scot- land) Act, 1889," 52 and 53 Vict. Oct. 1. c. 2:). Sec. 5. By (lovernor in Council, under R. S., <•. 95, Sec. 16. cipiist), Nova Scotia (west coast). Do New ItruiiHwicU (nortli Aug. 20 to Apr. 20 (See Statistical Record of Canada, coast), Nova Scotia 1886, p. 326.) (north coast), Que- Oysters >fc\v r.riinswlck. Xova Scotiii. I'rinci^ Kd- waid Island. (JucWci'. Juno 1 to Sept. 15 Do. Pickerel Miinitolia, Ontario, Apr. 15 to May 15 (See Statistical Record of Canada, Quclii'c. 1886, p. 326,) and R. S., i;. 95, Sec. 11. 44 and 45 Vict., c. 66. Pollon Iri^'iiiid Nov. 1 to Jan. 31 Salmon rnitcil Kingdom Sept. 1 to Feb. 1 36 and 37 Vict., c. 71, Sec. 19. Do Quebec Aug. 1 to May 1 (net fishing) ;Seiit. 1 to May 1 (angling). Aug. 15 to Mar. 1 (net fishing). Revised Statutes of Canada, c. 95, Do >iova Scotia J Set'. 8. (.See Statistical Record of Canada, 1886, p. 325.) Do Xew lirunswick Sept.l5toKeli. 1 (angling) Sea ba.sh ....do Mar. 1 toOct. 1 Bv Governor in Council, .inder R.S.,c.95, Sees. 11,16. Smelts Xew lirunswick, Nova Scotia. Apr. 15 to May 15 Do. ( Xcw lirunswick Aug. Ill toMavl Do. Sturgeon < Manitoba, and North- west Territory. May 1 to June 15 Do. Trout Kngliind and Wales ... Oct. 1 to Fel). 1 28 and 29 Vict., c. 121, Sec. 64. Trout (liiook) Ontario and (Jucbec... Se|)t. 15 to Jan. 1 ] Trout (siieckled)? Ontario I'rincc Kdwaiil Islam'. Sept. 15 to .May 1 Oct.l to Dcc.i R. S., c. 95, Sec. 9. liest of ('anada Oct.l toJau.l In addition to tlie general fishery acts wliicli have been passed atdif- erent times by I'arliament, special acts pre.scribinj>' regulations for par- ticular counties or rivers have been enacted from a very early period. Instances of such at^s are the statutes of 4 Anne and 1 George I, for "The Preservation of Saluum and other Fish in the Counties of South- ami)ton and Wilts " (amended by 37 George III, c. 95); and the statute of 18 George III for "the better Preservation of Fish and Kegulating the Fislieries in the Rivers Severn and Verniew."' Under this first setition, in the general division of the subject, may be cited the foHowing Biltish and Canadian statutes, \7hich have for their object the prevention of acts prejudicial to the processes of breed- ing of game, birds, and fish, viz: That whitih prohibits the taking of the eggs of any game bird, swan, wild duck, teal, or widgeon.' Tliat which prohibits the destruction of either the eggs or nests of any partridge, pheasant, grtmse, quail, duck, or other wihl fowl.' That which imi)o.ses a penalty upon any one who shall buy. .'■idl, or have in his ])()ssession any salmon, trout, or char roe, or who siiail use any kind of fish roe as bait.* « Oke'H "Fishorv Laws," pp. 31, 32. n aiKl 2 Win. IV. c. 32, Sec. 24. '10 Will. Ill, c. S, Sec. H. <24 aud 25 Vict., c. 109, Sec. 9. 4 \ 1 ! 1 GREAT BRITAIN AND CANADA. 453 That wlnVli forbids the taking? of young sahnoii;' Or catching uv disturbing sahiion when spawning or near the spawn- ing beds.'' Or interfering with the free passage of .^ahnon up a river. ' Or placing a device in any non-tidal water to obstruct any flsli de- scending the stream.'' That which prohibits the taking, buying, or selling, or having in pos- session pollen less than eight inches in length.'* The Revised Statutes (1880) of Canada provide — That no salmon of less than three pounds shall b(! caught or killed. " That no salmon shall bo <'aptured within two hundred yards of the mouth of any tributary, creek, or stream which salmon frequent to spawn.^ That no one shall catch, buy, sell, or possess, the young of any tish protected by the statutes." Tiie Report on the Fisheries Protective Service of Canada for 1889 (pp. 8, 10), recommeiuls the passage at an early date of similar laws to check the dej^letion of the lobster and mackerel fisheries of Canada. The establishment of vAokd seasons, and the adoption of stringent laws against the destructioL. of spawn and young tish are strongly urge2 II. Xext in order of treatment are those statutes which have for their object the prevention of wasloiul and destrut'tive methods of kill- ing game, birds, and fishes. In this group may be placed the IJritish statutes forbidding poaching by night, either cm private land," ' or on the public highways;'^ also — Those which prohibit the jdacing of poison in exposed places,'Mor ' Ibid., Soc. 15. 2 Ibid., Sec. IG. ».% and 37 Vict., c. 71, Sec. ]6. Mbid., Sec. 15. «"Tlie Polb'u Fisheries Act, (Ireland) 1891," 54 and 55 Vict., c. 20, Sec. 3. « R. S., c. 95, See. 8. 'Ibid., Sec. 8. "R. S.,c. 95, Sec. 14. •KejMjrt of the Snperintendent of Fish Culture for the Dominion of Canada. 1890, pp. 7-9. •"Keport of the Snperinteudeut of Fish Culture for the Doiniuiou of Canada, 188P pp. 75—81. "Ibid.. 1890, pages. '-.loliuson's Graphic Statistics of Canada, 1887, page 4. "10 Wui. Ill, c. 8, Sec. 1(5; 27 Geo. Ill, c. 35, Sees. 4, 5; 9 Geo. IV, c. 69; 11 and 12 Vict., c. 29, Sec. 5. '<7 and 8 Vict., c. 29. »n and 2 Wui. IV, c. 32, Sec. 3; 11 and 12 Vict., c. 30, Sec. 4; 26 and 27 Vict., c. 113, Sec. 3 ^^ 4r)4 FORKION STATUTES. W. i :;:' it !l"M|lj. V- the purpo.s«^ of catcliiiig game, aiul the sale of poisoned grain, seed, or meal for any purpitse.' Those statutes wliieh |>roliil)it the use of poison, lime, anduoxious sub- stiineesfor the Ivilling of freshwater tish,-' and tiie(lis(^hiirg<'i of substances inlo salt' or fresii water sueh as would be likely to injure marine or river lish.' The English "(rround Game Act, IHSO"'' prohibits the general use of spring traps for catehiug ground game, and limits narrowly the num- ber of persons authorized to kill such game with firearms. "The Fisheries (Dynamite) A<*t, 1877"" prohibits the use of dynamite and other explosives for the cat(!hiiig of fish in a publie, ftsiiery, and '•The Freshwater Fisheries Aet, 1878," extends this prohibition to private waters." In the Dominion of Canada, the use of exjdosive instruments in the hunting of wlndes, seals, and pi>rpi)ises is fin-bidden by statute;" and n. bill has been introdueetl into the ( 'anadian House of Comuums this pres- ent year, by the Minister of Mariiu^ ami Fisheries, extending this l>rohibition to all other kinds of flsh." Those statutes have a similar object which prohibit the use of nets of less than a certain siz«', in order to prevent the needless destruction of tish too small for consumption.'" Other statutes prohibit the use of nets altogether in certain cases, either directly or through the instrumentality of a Fishery Board," especially in localities wliere they would interfere with the breeding of the ttsh.'^ The British Salmon Fishery Acts prohibit the taking of salmon, trout, or char by means of lights, laths, jacks, wires, snares, spears, gatfs, strokehalls, snatches, and other like instruments." The use of fixed engines for taking salmon is also forbidden," as well as the breaking of dams ov tlood-gates with the intention to take salmcni or other fish.''* To protect clam and other bait beds from injury another act empow- ers the British Board of Trade to restrict or prohibit the use of the beam trawl for any assigned period.'^ The history of British legislati(m on the subject of the protection of sea. fisheries is instructive. Thirty years ago these fisheries wer«i regulated by an elaborate syst<'m of protective measures wiiich were all substantially repealed in 1808 upon the recommendation of a Royal Oommissicm. Owing to the unrestricted fisliing in the sea which there- upon ensued, there resulted such a serious depleticm of the rtsheries that another Commission appointed in 1883 recommended a return to '26 and 27 Vict., c. 113 Sec. 2; 27 aud 28 Vict., c. 115; 43 and 14 Vict., c. 47 Sees. I, (5. •^24iiud 25 Vict., c. 97, S.'c. 32; c. 10!), Soc. 5; 36 aud 37 Vict., c. 71, Sec. 13. •'51 anil 52 Vict., c. 54, Sees. 1, 2. ^U.S. Canada, c. 95, Sec. 15. H3 and 44 Vict., c. 47, Sees. 1, 6. • . "40 and 41 Vict., c. 65. Ul and 42 Vict., c. 39, Sec. 12. ■ "!{. 8., c. 9.5, Sec. 6. '•House of CominouH Debates, 18!)2, Vol. 24, page 119. '"24 and 25 Vict., c. IDS), Sec. 10; U. S. Canada, c. 95, Sees. 8, 10, 14. " 47 antl 48 Vict., c. 11, Sec. 1; li. S. Canada, c. 95, Sees. 8, 14; amended by .54 and .55 V^ict., c. 43, St'(\ 1. '■^K. S., c. 95, Sec. 10. 1324 and 25 Vict.,c. 109, Sees. 8, 9; 28 and 29 Vict,, c. 121, Sec. 64. H24 and 35 Vict., c. 109, Sec. 11. "'24 aud 25 Vic^t., c. 97, Soc. 32. . i«44aud45 Vict., c. 11. %i GREAT BRITAIN AND CANADA. 45.") tlic fornipr restrictive iiu'asiircs; sinct^ wliicli time a miiiibcr of stat- utes have been passed to iuteoniplisli tins einl in view. Thus, ill ISS."), "The Sea Fisheries (Scotland) A.niendnieiit Act"' was passcid, which (conferred upon the Kislierv IJoard of Srotiand ]>ower to iiiaUe by-laws restricting or piohibitiuj^' any method of iishiiij;" foi" sea Hsli which they niij;ht deem injurious (subject to the api)roval of the HomeOtlice), in any part of the sea adjoininj;' Scotland within the fishery limits of the British Islands. In ISSS "The Sea Fisheries Regulation Act"- for Fuj-land and Wales was passed, which i)i'ovided for the establishment of sea fisheries districts and local tisheries conunitteea and empowered these committees to make by-laws restricting or prohibiting the use of any injuiious instrument in taking sea fish, and other rules and regulations. "The Herring Fishery (Scotland) Act, 1,"' ' emi»owered the Fishery Board of Scotland to prohibit by appropriate by-laws methods of lishing known as beam trawling and otter trawling on any part of the coast of Scotland within three miles of land, and within any of the bays en- closed by headlands specilied in a schedule annexed to the act. I'ro- vision^ was also made in Secticm 7 extending the authority of the IJoard overascctionof the sea lying within a line drawn from Duncansby Head in Caithness to Rattray I'oint in Aberdeensiiire. A similar provision occurs in "The Steam Trawling (Ireland) A( t, 1889,"' which empowers the Inspectorsof Irish Fisheries to makeby laws ]uersf)n authorized by liim in writing." Under the "Gun License Act,"* a license is recpiired before any per- son can use or carry a gun for any purpose. All elaborate system of licenses is also in operation regulating the selling of game, and under it penalties are imposed upon all perstnis who sell game without a license, or whos'iall sell to a dealer not licensed, or who l)uy game from an unlicensed dealer.'' "The Freshwater Msheries A(;t, 1878,"" authorizes the Hoards of Fish <'onservators to issue licenses, by the day, week, season, or part thereof, to fake salmon, trout, or char. Similar authority to issue lisliing licenses is conferied ii[)on the Minister of Marine and l-'isheries of the Dominion of Canada, by the Ifevised Statutes of that country.'" Tlie license sys- tem in the ease of other fish has proved to be so successful that a bill has Just been introduced into the Dominion I'arliament to place the ' IS imd 19 Vict., <■ -51 imd r.L> Vi(t.,c 70, Sec. I. r)4, StMH. 1, 2. ■'.")!' an. I r>'A Vict. ,e. li;$. Sees, (i, 7. ^52 aiKl a;i Vict., c. 71, Soc. H. -' 1 and 2 Win. IV, c. 32; 23 and 24 Vict. c. 90. Ml ayd 12 Vict., c. 2!», Sec. 2. '33 and lit Vict., c. 57. «1 and 2 Wni. IV, c. 32, Sees. 25, 27. "41 and 42 \ict., c. 39, Sec. 7, and acts cited tlioroin. "" C. 95, Sec. 4. ^m ■ *fe '^ 'K' i^ I«( 1= m^ ir.c KOUKKIN HTAIirrKS. lolisttT llsliny iiiiiloi' licoiisc, tor tlii> roisoii, iis Hta(4'i'i«>H ill llio i'oiirs«< ol' ilolialo, tliiil llir iiiiliistfy is in iiiiiniiiiMit (laii^oi* ol' oxlonniiiatioii Mu'oiikIi (<>\n'ssivo aixl iiidisi-ijiiii iiii(«^ llsliin^'.' IN . V«'i\v ««\t«MiHiv«' powers art' «'inilrrrt>«l upon t lie owners of property and " on olllfrrs of tli«> law in Orrat llrilain lo aid (lie ciiroirrinnit ol' Htatntos d(>si;^'iH'aiii(s birds, and tisli. Tlins lli«> ownor or^iaiiic ran warn olVpoarlirrs hyday'or nielli.' and roi|uir(> tlit'in to t«>ll their iiaaies and a(ldr<>ss(>s. and it' they refuse or rt'tiini on the land, to arrest them and take them liefore ajustiee. (ianu^ feeeiitly Killed may he seized and taken l»y l'«n'ee from trespassers hy Iheowner for his own nse.Mind iimler the decisions of the I'lii^lish Mouse of Lords the owner ean sei/.e }>'anie whieli has lieeii illegally ean^ht on his land, even when in the hands of an iiinoeeiit pnrehaser, for value.'* iiamekeepers are pi>niiitti/,ed hecomes thereby lorfeited to siieh owner, wh»» may destr»»y it or not. as he thinks tit.' ily statute any one who, without ri^lit, hunts d«>(>r on ineloselony,an«i any one whoeommits a seeond otVense of any kind relating' tmleer, whet Ikm' similar to the tirst olVeiise or not, is alst» guilty of felony." Hy "The Poaehiufi' I*n>ventiou .Vet, IStL*,"" any eonstabh^ may stop an«l seareh on the hijjhway any person suspected of having' been iinlaw- tully on land in search of ^ame, and liavin;>' }>'am(>, nets, or };u!is in his possession, and also persons susp««cted of haviu}-' ai«»anls, under the acts of IS(m and IST.'J;"* the Trout and ('liar Kishery Hoards, under the act of IS7S; " and the Kroshwater Kishery lioanis, un- der the acts of tSTS and ISSI '•' •'The Fishery Hoard (ScotlamI) .Vet, 1SS1»," established a llshery board tor Scotland to take co^iuizance of everythiufi; relatin;; to tliii coast and deep-sea lisheries of Scotland.'-' The Hevised Statutes of tl;e nonunion of Oamula provide that tishery otUcers shall be appt)inted by the Governor in Council, and very larfje powers are entrust^'d to that ofticial to make and alter iej»ulations f. 8ec8. 12, 13. >• 25 and 2t> Vict., c. 114. Sec. 2. "^28 and 2t» Vict., c. 121. Sees. 4, 5, 19, 38; 36 and 37 Viot., c. 71, Sees. 5-8. »41 and 42 Vict., c. 3;». Sec. 6. "41 and 42 Vict., c. :«. Sec. 6; 47 and 48 Vict., o. 11, See. 2. "45and46 Vict., c. 78. ««R. S., c. 95, Sees. 2, 16. ^ : vv •'L mi 5r*i >L< .iH X r i ^laiiii I \ '^ it I ! ■ ! «•«. • - L;Jil.- -irfS^"- ' . 1W OllKAT HIilTAIN AND CA-NAPA. 4;-) 7 III Kujflaiul tho owiiei' of laml or any ono in liis ftnploy, may woize the implctiieiits of any person an;;Iin}jf for tish witlioiU rij,'lit, or may proHeruU' him by criminal proceedinfjs; ami l)otii remedies may l»e en- forced concurrently afjainst any one wlio ttshes unlaw fully by any nu'ana other than angling.' Unen abs(dutely pndiibited, and the penalty imposed consists of a fine and the ('onfis.iatioii of the ott'endiiig vessel and all the apparatus used in connection with the illegal catching of fish by the method in question. GEEAT BRITAIlir. BTATTTTE OF, RELATIKO TO THE OYSTEB FISHEBIES OF IBELAin). "THE SEA FISHERIES ACT, 1808." [31 and 32 Vict., cap. 45. July 13, 1868.] , 67. The Irish Fishery Commissioners may from Time to Time lay before Her Majesty in Council Byelaws for the Purpose of restricting or regulating the dredging for Oysters on any Oyster Bedsor Banks situate within the Distance of Twenty Miles measured from a straight Line drawn from the Eastern Point of Lambay Island to Carnsore Point on the Coast of Ireland, outside of the Exclusive Fishery Limits of the British Islands, and all such Byelaws shall apply ecpially to all Boats and Persons on whom they may be binding. > 24 ami 25 Vitt., c. 96, Sees. 24, 25. ■ »28 and 29 Vict., c. 121, Sees. 31, 36. »41 ami 42 Vict., c. 39, Sees. 9, 11: 51 aud 52 Vict., c. 54, Soc. 7: E. S. Cauada, c. 95, Sees. 12, 17. : «53 aud 54 Vict., c. 10, Sec. 3. *54 and .55 Vict., c. 20, Sees. 5, 6. , •64 aud 55 Vict., c. 43, Sec. 1. 68 ■'i''?' U' ''I / / ■■^.-' •■:ii"1' 458 FOREIGN STATUTES. '':'/ 1:; .. %' 1 It sliall 1h' lawful for Her Majesty, by Order in Council, to do all or sMiy of th«' following Tilings, namely: la) To dire«'t that such Byelaws shall be observed; (h) To impose Penalties not exceeding Twenty Pounds for the lireachof such IJyelaws; (c) To ai>')ly to the Breach of such Byelaws such (if any) of the Enii'. (ments in force respecting the Breach of the liegulations respecting Irish Oyster Fisheries within the Kxclusiv<^ Fisheiy Limits of the British Islands, and with such Modifications and Alterations as may be found desirable; {(l) To revolce or alter any Order so made, provided that the length of Close Time prescribed by any such Order shall not be shorter than that prescribed for the Time being by the Irish Fishery Commissioners in respect of Beds or Banks within the exclusive Fishery Limits of the BriMsh Islands. Tivery such Order shall be binding ou all British Sea- Fishing Boats, and on any other Sea- Fishing Boats in that Behalf speeitied in the Order, and on the Crews of such Boats. STATUTE RELATING TO THE SCOTCH HEBBINO FISHERY. fi ,t •i.:f'! '■ ■ 'A ii -. ■„,■ fl M( Shoit TitU). Kxtcnt of iWt. "nERRING FISHERY (SCOTLAND) ACT, 1889." [52 ami Wi Vict., cap. 23. 26tb July. 1889.] Be it enacted hi/ the Queoi's most Excellent Majesty, by and with the ad- rice and consent of the Lords Siriritnal and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follous: 1. This A(!t may be cited as the Herring Fishery (Scotland) Act, 1889. 2. This Act extends osed of by any suiterinteudent of the iierrinj>' fishery or otlierofiieer employed in the execution of the MerringFishery (Scotland) Ac^ts: IM'o- vided always, that uothiny in this Act contained shall prevent the sale of luirrinji's by weiji'ht or number or in bulk. 5. It shall not be lawful to set or shoot any herrinj^ net on any day between sunrise and one hour before sunset on any day between the first day of .lune and the first day of October, nor between sunrise on Satui'day morninji' and one hour before sunset on Monday »!vening, on the West Coiists of Scotland, between tlie points of Ardnainurchau on the north and the Mull of (lalloway on the south. Any person aeting in contravention of this sectiecified in the schedule heret<» annexed, save only betvyeen such points on the coast or within such <»ther defined areas as may from time to time be permitted by by laws of the Fishery Board for Scotland and subject to any conditions or regu- lations nnule by those by-laws; provided that this section shall not ap- ply to the Solway Firth nor to the I'eiitland l-Mrth; and provided, also, that nothing herein contained shall affect the jmwers of tlie fishery board under section four of the Sea Fisheries (Scotlantl) Amendment A«tt, 1885. (2) The Fishery IJoai'd may from time to time make, alter, and icvoke by-laws for the purposes of this section, but a by-law shall not be of any validity until it is confirmed by the Secretary for Scotland. (o) Any person who uses any methotl of fishing in contravention of this enactment or of any by-law of the Fishery Hoard, shall be liable, on conviction under the Summary Juristli<'tion (Scotland) Acts, to a fine not exceeding five pounds for the first offence, and U(»t exceeding twenty pounds for the second or any subse(iueiit offence; and every net set or attempted to be set, in contravention <»f this section shall be forfeited, and may be seized and destroyed or otherwise dis- l)osedof by any superintendent of the herring fishery or other ofiifters employed in the execution of the Herring Fislu'ry (Srotland) Acts. 7. (1) The Fishery Hoard may, by by-law or by-laws, direct that the methods of fishing known as beam trawling and otter h.anr'in.iMit.'lTi'aw/ trawliiig shall not be used within a line drawn iVom iii« ill iiitaiii lo.aii Duncansby Head, in Caithness, to Hattery Point, in '"'■''' Aberdeenshire, in any area or areas to be defined in such by-law. and may from time to time make, alter, and revoke by- laws for the jMirposes of this sectitm, but no such by law shall be (tf any validity until it has been confirmed by the Secrt'tary for Scotland. (2) Any i»erson who uses any such method (»f fishing in contraven- tion of any su< h by law shall be liable, on conviction under the Sum- mary Jurisdi' non (Scotland) Acts, to a fine not exceediuy five pouuda 4HamU'.)Vii't.,c. 70. i< •■'>l! ■ 'I l|. .W«^ I 'I » • tS ; h K T? ^ / fnn4- -P-- r\-wvt l.—(\ ■) The Fishery Board muy. by byoUw or by« JJd^t/rU'Ot/ J rum 4],^ mettimlaof flRhinff known a» IteMn trawling M ffcr AT>Wn 9'^ siittll not bo imrd within a Ihif drnwn from Ininr \^ X X Ar XJCmM\ fi«9. CiiithniuiH, to Kuttrny I'nint, in AlMsrilnensliirti, inn An Ai>f in iimAnil th« Hftirinir FinTiAri/ /J>t<-ot1anH^ AotM- ti) IXMlpllniNi in mich byel«w. «n<' R of thia aocti and for other purposes relating tlioreto. bvulaw sliull he of miv vnli.lity until it liim b<«n ■ [26th July 1889.] So<;rctitry for Scotluud.' NORTH EASTERN SECTION C Biy Board may. by byolaw or byelaws, direct that inff known «» beain trawling and otter trairling fiMn a liiii< drawn from iRincauitby Head, in ny I'oint. in Aliurilt^enaliirts in any ana or arcan I byelnw, and inity I'mni time to ttmo makt^, alt«r, n tor flir piirp8 of this aaclion, bnt no hiicIi iiiiy viilidity until it liim biieii conllruivd tiy tlie ml. (2.) Any person who naes any anob method of fishing In contnt- vention of any naoh byelaw shall be liable, en eonviotion under the BnmmnTT Jiirladictiun (Scotland) Acta, to a fine not cxceetlinc Ave pounda for the ilrHt oft'once, and not oxvceding twenty pouada fur the Hei'oud or any Hubitoqnent offenoc; niid every net aot, or at- tismpted to lie net, in oontrnvention of any such byelaw may be Roizcd and dentroyed or otIiorwiHO diHiHmtMiof as in'thc aixtli sec- tion of this Act mentioned. SECTION OF SCOTLAND. 'HI. NUNHIfi PHiHSl.t), l-HUTOI.lM,. W*ftHlW.T|.tf>. Il i '1H: ■I 1 fin ij i ■ ■ y::2¥ 400 FOREIGN STATUTES. tor tln> first oftViK'O, siiul uot ('xcej'dinjx twenty pounds for the second oriiiiy subsequent otl'ence; and every net set, or attempted to be set, in (iontraveidiou of any sucli bylaw nniy be seized and destroyed or otlierwise disposed of as in tlie sixtli section of this Act mentioned. S. It shall not be lawful to land or to sell in Scotland any tish canght in c(nitiavention of this A<*t, or of any by-law made „, , .„ ,, tliei'eniHler, anay, within a line drawn trom St. Mary's Point on the east to Houton Heads on the west. St. Majiuus liay, within a line drawn from Esha Ness on the north to a i>oint ne-ir Sandness on the south. Tin' waters inside a line drawn from Corsewall Point, in the county of Wigtown, to the Mull of Tantyre, in the county of Argyll. TIm' waters inside a line from Port Askadel, near Ardnamurchan Point, on the west to Ku-Cisteach, near Arasaig, on the east. The waters inside of a line from liu-geur, Slate Point, on the south to a point near l{u-an-dunan on the north. The waters inside a line from Eu-na-uag, LochTorridon, on the south to a i)oint at liong Island, Gareloch, on tlie north. The waters outside Locli Tarbert, Harris, from Toe Head on the south to Camus-Huisnish on the north. East and west Loch Koag, from Gallon Head on the west to Coul Point (m the east. The waters inside a line from Greenstone Point on the west to a point near Meal-Sgreaton, Eu-Cooygach, on the east. The waters insi M i' and not proceedinji' to her proper destination as wind and weather may permit, it shall be lawful for any person or persons hold- ing a commission or warrant from His Excellency the (iovernor for the purposes of this Kegulation to enter and seize such boat or other vessel, and carry the same to some convenient i>ort or jilace v\ this island tor prosecution. And every such boat or other vessel is hereby declared liable to forfeiture by sentence of any court having revenue jurisdiction of suflieient amount, and shall be condemned ac(!ordlngIy; two-thirds thereof to the use of His Majesty and one-thirrs(Mi ilnly iiiitliori/iMi by liiiii in tliiit bo- halt', oi' roiiti-iiry to tlii' terms of siicli ]i«'niiif, shall ix' lialile toa penalty, for the tii'st otleuce not excecdin;:' tlircc pouinls, and in (letanlt of pay iiicnt to he iinprisoiuMl. with or without hard lal)our, tor a term not <'\ (■('(idtng three uioiiths; and tor tiie se('one imprisoned, with or without hard lahour, t'oi- a term ol'live months. 2. And it is turther etnirted tiiat the dead ehanks obtained by di;>'- i^inu in the ('rown lands shall, on tiist b(>in<{' dui>' up, atiimi, aiiti iioi to iif be taUeu to and kept only at such stoies or phu'es ni ivinovid wiihmii per fi,(. imtuediate iH'i;ilib(Mirhood of the lands wlieuee the dead ehanks weic du;; up as may be approved ol by the (lovernment audit as plaees for storinj;' said ilead ehaidis, and tluit they shall not be thereafter removed from sueh stores or phu-es without the permission in writiiij*' of the (loveriMuent a;;ent, orot'sonu' person duly authorised by him on that behalf; and ^' that the takin;;' or removal of dead ehanks contiary to the ])rovisioiis of this elause shall be an ottenee, and shall be punished by the eonliseation of all dead ehanks so taken or removed. 3. And it is further enacted that oiu'half of all tines hereinbefore dir(!eteroduee of all polTot!'"" *"''"''''■ <'onriseations under this Ordinance, shall ^otoOurLady, the (^ueen, and the other half to the pers(ui in couif'- quence of whose information the offender is «'onvicted. Provided al ways, that in the event of the inability of any defend ^'''""'''"' ant to pay any such line, and sentenci^ of imprisonment beiny; awarded tor any such offence, the district judj^c shall neverthe- less pay to such intbrmer the amount to which he would have been en- titled if such tine had been paid. Passed in Council tlu; Fifteenth day of August, One thoi nd Ki;«ht hundred and Forty-two. Kknneth Mackknzie, Acting Cli'rii to the (JoxineU, Published by order of Ilis Excellency the (Jovernor. P. ANS'IUUTIIER, Colonial ISecretury. ]S^o. .").— 1842. I* .1: .. I • y' ill I I 1; i tl i FOB THE PEOTECTION OF HER MAJESTY'S f'lIANK FISHERY. Preamble. Whereas it is necessary to make ]>rovision for the protection of ller Majesty's Chank Fishery. 1. It is therefore hereby enacted l)y the j^overnor of Ceyh)n, with th<>. advice and consent of the Lej>islative ( 'ouncil thereoi, imfuiPflHiHnK ^'..'r ^^^''^^' ^'ioui uud after the passing of this Ordinance every ciiuiiku witiuTiit li- boat, canoe, raft, oi' vessel whatsoever which shall be consc.to.,H.»nHs.nte.i ^.^^^^^^^ employed in the tishing for, or in any way for the collection of, chunks, without the written lij-ense tor its so beinj;' eujployed of the Govei'unu'ut aji'cnt of the ]»rovince on the coasts of which it shall be so found, or of si'Hotis loiiiid lisliiii}; tor, or ntlM'i\\i.sf;ilt(Mii|itiiim tucollctt <'li;inks wit In tilt ii license lor liiiit iHiiposc iVoiii lilt' so toiiinl, t.ii>|iiiii- to rciih.i oi- iVoiii sonic pel son duly iiiitlioiiscd l>y liiiu to "•nint ',,j!j||,',';'* '""""" " such license, or conliiiry to the tenns thei'col', sliidl be guilty of an otVence and he liiil)lu on conviction thereof to a fine not exceeding' one pound, and in default of paynieiil to iinprisonnuMit, with or without hard labour, for a perio' one inontli. .1. And it is further enacted that all chauks shall be lautlcd at hoiuo ])lac«' oti the coasts of this Colony, within such time after their beiufj tislied up or otherwise collected as shall be stipulated in their license, and every jierson ;"_i"ii,\ "iiiiinaHtii failinu' so to land anv chauks in the lishin;;' or coilec- ('liiiiiKrttii III' liiliilril on 1 1 ir iiiimls II t till l;ilril pi'liiiil I'liiuliy. tion of which he shall have been employed shall l»e ju'iiilty of an ot!t ;ico, and be liable on conviction thereof to a tine nor exceeding onu pound, and iu default of i>ayment to impiisonment, with or without hard labour, for a i»eriod not exceediii};' one month. And ever person proeurinj;', insti;;atinj;'. or assist in;^' another to conimit the said last-nieiitiraut ''"'"• such permits, or contrary to the terms of any jn'rinit for such possession that may have been j-ranted, shall be an ollence, and all chauks fonnd so possessed shall be confiscated. it. And it is further enactted that all headmen, ofllcers of police orcus- tcuns, and all persons specially a|»i)oiiited for that pur- nose by the Government ai'ent shall be, and tliev are oiiiniM (inpuwind I , "^ 1 i 1 1 i- 11 .• 1 • ' r '" llllllilllll till' IIIO hereby, empowered to demand ot all jterscuis lisliiii;^' lor iim ii»iii)iiiiiii»« or atteinptinji' toc(dlectehanks, or havinj;- them in their ]:ossessiou, tlu^ production of any li(HMise or permit reiiuired of tliem by this Ordinance; ami in ease the same shall not be ])roduced, m IIM'llt. ITIM 111' lIHlt- IrMistilllci' lillllld III' iiiiil iiiiiii'i.siiii- persons in the exercise of their duty shall be liable to imprisonment, with or without hard labor, or tine, or both, at the dis- cn'tion (»f the district court. (». And it is further enacted that no dred;L>e or other ai)pai"atus for the pur|>ose of collectiiij>' chauks shall be used; and that anv such ai)i)aratus that may be found on board , C'liiiity rm- nsiiijra _ • ■ ' . *'^ . . _ . _ lIl'IMMl'lt III- lllintlix.il Mu 1 , i'i. 1 1 11 i 1.1 -ii iliiiilyn III' ii|iiiiiriitim any boat, canoe, raft, or vessel shal!. toj>«'ther with ni uiiiiiiiiiiMi'.'. siudi boat, canoe, raft, or vessel be coiiliscated and the tindal and crew of such boat, canoe, rait, or vessel shall be liable to im- piisonment at hard labour for a period not exceeding three months. 7. Audit is further enacted that one half of all tines recovered, and one half of the produce of all contiscations made under this Ordinance shall go to Our Lady, the Queen, and , Jp,";^^ ^1""' *° *'" the other half to the perscjn iu couseixuence of whose ■ 4 *'~m iP^ \ 5fe- ; I li 1 ^m T I 464 FOREIGN STATUTK8. ■t' I g.vi; ProvlHO. iiitbnnation the ofii'iider is convictod. Provided, jilways, fliat in tlie event of the inability of any defendant to pay the lines above diverted, and sent«Mic(^ of inipiisannient beinj;' awarded in consecinenee thereof, the ayent of the province shall never- theless pay to such informer tim amount t*} which he would have been entitled if such tine had been i>aid. I'assed in Council the Twenty ninth day of Au<>iist, One thousand Eight hundred and Forty-two. Kenneth Ma«'kknzie, Acthuj Clerh to the CouncU. Published by order of His Excellency the (lovernor. r. Anstuuthek, Colonial ISecniary. ProambU). Pi'uiaty. No. 18.— 1.S43. AN ORDINANCE TO DECLARE ILLEdAL THE POSSESSION OF CERTAIN NETS AND INSTRUMENTS WITHIN CERTAIN LIMITS. C. Campbell. Whereas it is exjjedient to prohibit the possession within certain limits of certain nets and instrunu'uts which mijilit otherwise be used to the detriment of Her Majesty's pearl banks: 1. It is therefore hereby enacted by tlu' (Joveruor of Ceylon, with the rossoHsionoff.rtain iwlvice uud coi'scut of the Legislative Council thereof, nets, (hedges, and tluit froui uud uftcr the passiug of this Ordinance the other inHtriiiiients . i i x. i tJ^ >. ^i ,. j_ within certain limits possessiou Oil land ot any drifting net or other net not '"'*■'"'• b'>mg such as are used by men walking in the sea, or of any dredge or similar instrument, at any place within twelve miles of Tallaville or Talmanar, or at any place within twelve miles of any part of the shore at low water mark between Tallaville and Talmanar, shall be unlawful, and every such net, dredge, or instrument that shall at any time be found within such limits shall be forfeited, and every jierson who shall at any time have had any such net, dredge, or instrument in his possession, or shall have moved or concealed or assisted in or procured the movement or con<'ealinent of any such net, dredge, or instrument within such limits, shall be guilty of an ottence, and be liable on conviction thereof to a flne not exceed- ing ten pounds, or to imprisonment with or witlnmt hard labour for any period not exceeding six inonths. 2. And it is further enacted that it shall be lawful for every officer of the Customs and every peac^e officer to search any niaicrrerrl^rfor iletH, housc or premises within any such limits as aforesaid &c., and seize otieud- where he shall have good reason to believe any such net, dredge, or instrument as aforesaid to be kept or concealed, and to take the same into his charge, and to seize and take every person offending against this Ordinance before any competent court or Justice of the ])eace, to be dealt with according to law. Passed in Council the Thirtieth day of November, One Thousand Eight Hundred and Forty-three. Kenneth Mac;kenzie, Acthuj Clerk to the Council. Published by order of His Excellency the Covernor. P. Anstrutiier, Colonial Secretary. k^ 1; "n I'rCiiiiiUli'. CEYLON. 465 No. 18.— 1890. AN ORDINANCE RELATING TO CIIANKS. A. E. nAVELO(;K. Wlicn'sis it is expedient to aiiieiul the Laws relating to Cbaiiks and to prohibit tlu diving tor and eolleeting of Cliaidvs, Bi-che-de-mer, Coral, or Shells in the seas between Man- nar and Chilaw: 15e it therefore enacted by the Governor of Ceylon, by ami with the adviee and consent of the liCgislative Council thereof, as foHows: 1. This ordinance may be cited for all |>iirj)oses as "The Chanks Or- dinance, 1890," and it shall come into oi)eration at such ., ,., timeastue Governor in Executive CouncM s]iall,by proc- of (.iHiatiou. lamation in the (jorrrnnirnt (hizctfe, a])poiut. 2. The Ordinance Xo. 4 of 1842, intituled "An Ordinance for the pro- tection of Her jMajosty's rights in the digging for ,, , J)ead Chanks," and'the' Ordinance No. r» of 1842, inti- '"" tuled ''An Ordinance for the protection of Her Majecty's Chank Fish- ery,'' are hereby repealed, but such repeal shall not attect the past operation of either of the said enactments, or anything duly done or suttered, or any obligation, or liability, or penalty accrued or incurred under them or either of them. VVhere any uiirei)ealed Ordinance incorporates or refers to any pro- vision of any Ordinance hereby repealed, such unrepealed Ordinance shall be deemed to incorporate or refer to the corresponding provisions of this Ordinance. 3. In this Ordinance, uniess tlie context otherwise re- ucuflitions. quires — "Chanks" includes hoth live and dead chanks. " Person'' includes any company or association or body of per- sait from any i)ort men- tioned in the schedule A hereto, or fntin aiiv other iwrt „ , ... ,.,.,., . ,, i- /. •! ' • Vi I'orts lit entry. whichtneGoveriKUin l'.xecutive( ouncilmayappointby notilication in the (lorcntmciit duzvitc. 5. (1) The person entering outwards any chanks to be exported from anv P«»rt shall deliver to the collei-tor a bill of tl.e en- „.„ ,, . , ■ ' ,. • ii r J.I 1 ■ I i- i-i 15'" "' entry. try thereot, expressing the nameot the shij) andot the master, and of the place to which the chanks are to be exported, and of the person in whose name the chanks are to be entered, together with the number and value thereof, anything in the Ordinam^e No. 17 of I8(ll> to the contrary notwithstanding, and shall at the same time pay to the collector any sum which may be due as royalty upon the exportation of such <'hanks. (2) Such ])er8on shall also deliver at the same time one or more copies of such entry, and the i)arti('ulars to be con- tained in such entry shall be written and arranged in siu!h form and manner, ami tlu^ number of such copies shall be such as the collector shall require, and such entry being duly signed by the 59 ColU»ctor'H warrant. p 466 FOREIGN STATUTES. !!'" ' Injt contrary Urdinancu. tt> tho entry liable to be for- feito'd reunltier collector sball be tlij waiTaiit for exauiiiuitioii and sliii»inc'iit of such cbanks. 6. Every person who sball export cbanks from tbis rsbiiul, exct'i)t from any ])ort mentioned in Sebcdule A, or from any I'Miaity tor export- port ap])ointed by tbe Governor in Exi'cutive Council under section 4, or contrary to tlic rctiuircnientsof sec- tion 5, shall be guilty of an oHcnco punishable with simple or rigoroii& imprisonment for a period not exceeding six niontbs, Or with a fine not exceeding one liundred rupees, or with l)otb. 7. If any cbanks subject to the payment of any sums due as royalty in respect of exportation shall be laden or water-borne qiiaijksiiuion btiore to be hulfcu ou board any ship before due entry sball have '" ' ' ' " ' been made and warrant granted, or before such cbanks shall have been duly cleared for sliipnient, or if such cbanks shall not agree with the bill of entry, the same shall be liable to forfeiture together with the package in which they are contained. 8. It shall not be lawful for any i)erson to use any dredge or other ,. , , apparatus of a like imture for the purpose of lishing Tse ot dredge in „' ■■ n i.- 11 i 11 . o (•oii.ciiiigciiaukspro- for or collecting chauks, and every person using any •'''''"''I dredge or other ap])aratus of a like nature for sucli purpose shall be guilty of an ottence punisliable with simple or rigorous imprisonment for a period not exceeding six months, or with fine not exceeding one hundred rupees, or with both; and every dredge or apparatus of a like nature so used as afore- said shall be forfeited. 9. It shall not be lawful for any person to fish for, dive for, or collect cbanks, bOche-dt;-iner, coral, or shells in the seas within the limits defined in Schedule B hereto, and every [)er- sonwho shall fish for, dive tor, or collect, or who shall use or employ any boat, canoe, raft, ov vessel in the collection of chpiiks, beche de-mer, coral, or shells in the said seas, shall be guilty of an oft'enee punishable with simple or rigorous bni)risoumeut for a ]>eii(»d not ex<'eeding six months, or with fine not exceeding one 1 iidred rupees, or with both; and every boat, canoe, raft, ov vessel so employed as aforesaid, together with all cbanks, bechede-mer, coral, or shells un- lawfully collected, shall be forfeited. Provided, that nothing in this section contained sball prevent any person from collecting coral or shells fntm i-.ny jxtrtion of the said seas in which the water is of tlie dejtth of one fathom or less. Provided also t'.at it shall be lawful for the Governor in Executive Council from time to time or at any time, by notifica- tion in the Government (Utzcfte, to alter tlie limits de- fined in Schedule B hereto, or exempt any ]»ortion or portions of the seas within the '■jaid limits from the operation of this Ordinance. 10. (1) Any chauk, bechede-mer, coral, shell, boat, canoe, raft, vessel, dredge, or iipi>aiiitus liable to forfeiture under this Or- chnnka, &c., iiaido (ijujjm.g mjjy {je scized by any ofiicer of the customs ov Collection of clianks, l)6clie-de • iiier, coral , or shells in tlic sens between Slannrtr and Cliilaw prohibited. Penalties. Proviso. Proviso. tlie nearest house. custom- to forfeiture uiav be seized and detained at policc, or bv ally lieadiiinn, or bv anv person appointed for that purpose m writing by tlie government agent ot the i)rovince or the assistant government agent of the district within which such seizure is made, and when seized sball be conveyed to the custom-house nearest to tlie place of si>izure and there detained until the court having .iuiis(lit tlu' provisions of fho saiV // eiutvf^tl hjf fhr (Jiinn"n Mn.sf UnrUcnt Majrsti/, bif unil iritli the ad- rice and votiKvut nf fhr Fvdvral Coiiiivil of AnsUudasia] assrmhled at Ho- hart, in the eoltnii/ itf Tasmania, and Itif the authority of the name, as/ol- loics: 1. Tliis Act may l)eeited as^'Tlie Western Australian IVarl-shell and lU'clie (le-nier I'^islieries (ICxtra territorial) A(!t ollHSl)," and shall take elVeet on and from the date of Her Majesty's assent thereto beinji' |U'oeIaiined in Western Australia. L*. 'I'his Act applies only to British ships and boats attached to I5ritish ships. ;>. In this Act tln^ follow inj; terms shall, unless the context other- Avise indicates, have the meaiiin"s set ayainst them re- spet^tively; that is, to say : "Australasian Waters adjacent to Western Australia." All Austral- asian waters within the limits described in the schedule to this A(!t, exclusive of waters within the territorial jurisdiction of the colony of Western Austialia: * ****** Xori';. — Tin- sections of (liiHact wliiili arc omittcil contain further dclinitioiis of terms, and niinnt<' provisions as to licenses, the emitloynient and discliarge of seu- nicn, and the h^jjal process for tlie (inforctjnient of the act. Sliorl lilliiiiul com- IIICIK rllll'Ilt. Limitation of net. sciiK.inr.K. A iiarallelo Nintliwostcrn corner is in lonftitnde 112 ^52' East, •Tnd latitnde lir ■>()' Sontli, of wliicii the Xorthcistern corner is in h)njritn(le 12!)-^ ICast ami latitnde^ i;5 ;{|)' sonlii, of wiiidi tln^ Sonihwestern corner is in lon>;itndo 112 "(2 Kast, and hititude;>r» S 8onlh, and of wliicli the Southeastern corner is iu lonyitudo 121)^ East, and latitnde It") s South. % I '■ . i FRANCE. DECR]^ DU DIX MAI, 1862. Art. 2. Sur la demande des ])rnd' hommes des peclieurs, de leurs deleg'ues, et, a defaut, des syndics id," .. 1 I II 4 I tv i 1 ^ «.i 1 i !■ 1 1 Muiitlili, anil rum- nnd sliall takt^ elieet on and fnini the dato nl Her iiKiK.iu.ut. Majesty's assent thereto hein^i' pioehiiined in Western Australia. 2. This Act ajtplies only to IJritish ships and boats attached to [Iritish ships. ."». In this Act the follow in>;' terms shall, unless the context other- Aviso indicates, hav«' the meanings set against thom re- spcctively: that is, to say: "Australasian VVatersadJacentto Western iVustralia." All Austral- asian wateis within the limits desciihed in tlu' schedule to this Act, exclusive of waters within the territorial Jurisdiction of the i'olony (»f Western Australia: XoiK. — Till' sections of tliis act wliicli arc oinittiMl ctmtaiu fiirtlicr 2 Kast, and latitude:!."* 8 South, and of which the Rjoutlioastcru corner is iu longitntle 121)^ East, and latitnde I?") S Sonth. FRANCE. DECRET DU DIX MAI, 1862. Atit. 2. Sur la demande des i)riur honnnes des i»eclieurs, do lours delejji'ues, ot, a defaut, «les syndics des j^ens do iner, eortainos pechos l)euvent etro temi)orairemeut interditos sur une etenduo d«'inei'au dela tie trois millea du littoral, si cotte nu'suro est oonunaudeo par rinteret de la conservation dos touds on do la pecho do poissous do passage. DECREE OF HAY 10, 1862, BY THE GOVERNMENT OF FRANCE. ITriiiisliitinn.] Article II. TJi)on the roquost of the expert tishormen, of their roprosentativos, or, for the want of tluMU, of the syndicates (oryaiii/ations) of soa-farinff men, c»'rtain lishories maybe temporarily forl>iddon over an extent of soii. situated Iteyond tliree miles from tlu^ shore, if such measure is ro(|uired in the inten'st of the i)resorvati(m of tho bed of tho sea or of a fishery composed of miyratiuy tlshos. il >H' i \ ^m \mi 470 FORKKJX STATUTES. ITALY. STATUTES AND DECREES. fFvoin 'Todii'O ppv la Miuiiia IVreiraiitilc del Kejiiio d' Italia, i)ro- inuljiato coil l{. l)i'ci('t(t 2.~> ji'iiij'no ISii.!, n. L'.'JtiO. in base alia Lcf^jLic i)«'r r nnificazioiie jiiiidiziaria in data li ajtiik' 18G.">, ii. 2LM5. Milano * * * JS(M."1 # # * ;. # # * 1 t'J. La pcsca i\o\ <'oi'all(> nci inaii dcllo Stato sara sott'oposfa al pajiaiiuMito di nii'' annua soiiuna da slabiliisi con dccreto icah'. iiC iiavi cstero, Ic ([iiali iion sicuo ^icr tiattati anuncsse a pcsciir*' alle stcssc: <'ondi/ioni ro- posta del Ministro di a{;;ricoltura, imliistria e coinmercio. jjievio il pa- rere dei Coiisiuli jir .vinciali, delle Caiiiere di coinmercio e dei <'apitaiii di jxirto. nelle ciii c rcoscri/ioni Ic (lis|)osi/ioiii rej^(»lamciitari do\ raiiiio essere api)licate, e previc) il parere del Consio-ljo siiperiore dei liivori pubblici e del (Joiisijilio di Stato. Kssi determiiieraiiiio: 1. I liiiiiti entioi (|uali avranno vi^ore le noriiie ri<>aardanti la i)esca. marittima e (pielle rij-iiardanti la p«'sca llnviale e laciial'* iiei liio^lii ove le acipic dol'.i soiio in coinniiicazione con (|uelle salale; 2. I^e discipline c le proibi/.ioni necessarie per conservare le specie dei jiesci e dej;li animali ae(piatici e relative ai liio<;l:i, ai tempi ai modi, a};li stnimenti dclla pcsca. al loro coinmercio e a tpicllo dei prodotti della i»esca e al regime delle ac(pie; .'i. I liiiiiti di esc;i marittima, clie spe cialmente mirano a tutelaiu' la conserva/ione delle spcci»>; 4. Le (listanze e U^ altr<^ iiorme die i tt'iv.i del>baiio osser\arc nclP esereizio della jM'sca in .yenerc, o di certc pesca^iinni speciali. rispctto alle loci dei tiiiiiii. alle toiinar*'. allc miiy^inare, allc \alli saisc ed a,L:li stabilimenti di allevaiiieiito ilci pesci e deuli alti i \ iveiiti delle ac(pic: 5. Le prescri/ioni di polizia necessarie per garaiitire il manteiiimento Mfv HI ^1 Ij P4 I ','^V: I ■'^* Prepart-dL at the. Offic& of thje. U. S. Coast, arui G^jocLetic- Sur\'ey Superintanderut r DISCOVERE > 1880 SICILY Coral Fisheries lof Sicily. 14,21 & 32 Triiles from shore. Discovered 1875176 &'80. . 41 If* ■f>-m? aifl ITALY. 471 dell' ordinc. t- hi sicurcz/.ii deli*' poisouc i; d«;ll;i propriota iiell' esercizio (iclhi pcscii ; (i. Tuttc li' iiltre iiormc e suiizioiii ri.seiviito (vspres.saiiieute clie iiitciniiiiio intraprciidcic allrvaineiiti di pc'.s<;i edi altii aiiiiiiali aiMpiatici, ikhi cIm'. coltivazioni di ('(ualli c, spiij«ii«'. Tali coiiccssioiii saiaiiiio sul)Oi dell«' intraprcsc per ciii le ('(Hiccssioiii saranno state accordate. Akt. S. !•', abolita ic tassa special*' sidia pesea del ((tiallo, stabilita dalla prima parte esca del corallosarrano stabilite in ai»p<>>iti rej^olanienti. Akt, 10. Ii«> scojyritore di iin banco
  • er 1' eseciizioiie della i»resente legji'e po- tranno stabilire pene peeuniarie sino a lire ."iP, e. per <). Ak'T. v.). Se vi e stata recidiva entro V anno, le pene stabilite dagli artieoli preeedeiiti dovranno aiimentarsi senza perb die arrivino al do|)pio. La seconda reeidiva, eommessa non oltre un anno do])o la jMiina, sara punita eziandio colla sospcnsione dalT esereizio della |>esea per un tempo non minore di ipundici yiorni, ne maj;j;iore di un mese. * # # .* # * * Akt. LM. Alle infrazioni alia presente leji^e, riguardaiiti la pesca nisy rittima, sono applicabili le norme di comp«'tenza e di proeedura stabi- lite pei reati marittiud dal CVtdice della marina mercantile. # # * * * * * AUT. L'.'{. Salv*' le disposizioni contenut«> nella presente leji^ie, saranno applicabili alle infrazioni lo norme ,yencrali del Codicepeiiale, (pudle del (Jodice di proeedura pen eantile. de e I'art. \i\ «lel Codiee della marina mer- TiTOLO IV. .DiKpnxizliiiii transitorie. Art. 21. Le disposizioni lliioia vi,Iaiii(Miii per ';' oscciiziouc della W'gge modesiiua, e iioii jiifi tardi di due aiiiii dalla i)ubblica/i<)iie di essa. * * * * * • « Data a Koma addi 4 maizo 1877. VlTTOR \0 Em AN U K LK, MujotanaCalatahlana. REOOLAHENTO PER L' APPLICAZIONE DELLA LEOOE 4 MARZO 1877, N. 3706, SERIE 2", SULLA PESCA, NELLA PARTE RIdUARDANTE LA PESCA HARITTIMA, APfRO- VATO CON REALE DECRETO DEL 13 NOVEMBRE 1882, N. 1090. TiTOLO 1. ! 1 ! I gC ■If Dis2}oNizion i ffcneraU. Art. I. La ])esca inarittiina e disciplinata dalla legge 4 niarzo 1877, n". 37l>0, seiie 11% o dal present e re^olaiiieuto. « « * * « ' • « TiTOLO II. Disposizioni rclatii'c nUa pcsca e.sea eon reti ed altri api)are('elii a strascieo, tirati da galeyii;ianti, nelle acijue del iiiare shut a tre eliiloinetri da qinilsiasi punto della n»sta o dal lido. I'] del pari vietata, nelle stesso ])ei'iododi tempo, la detta pesea. oltre tale liinite, a piolbndita niinoro
  • . (^Miaiido noil sia provato a clii, iVa i diversi coiitciidcnti, debbasi la piciedcnza nella scopeita di iiii banco di corallo, si iei)iitera scopiitoie, nci lispctti aniiiiiiiistrativi, coliii die piiiiio ne avra fatto tlcnnnzia, salvo il ricoiso all" aiitoiita yiudiziaria, iiei sensi dell' aiti- colo ."»l.'. Jsel casodi siniiillanea dciinnzia,e salvo seiiipre il sopradetto ricoiso, si icpnteiii scopiitmc coliii die |»er prinio abbia fatto tale, i)i'evcutiva (►. Mon saranno coiisideiati come nuovi baiicbi (|uelli clie fos- sero diiamazione o parte di altii piece(l<'iitemente stVnttuti ed abban- doiiati, oppiin' in attiialita di slriittameiito. .VR'I'. .il. La recedenti, dovia «'onteiieie le indicazioni neccssaii*^ per i>iccisare la siliiazidne e 1' estensionc del banco s(()p»'rto. e le didiiaiazione della volonta di escrcitare il diritto concesso dalla lejij^'e. I/antoritii marittima prendera iiota della deniinzia nel rej;istro indi- cate* neir aiticolo L'7. e ne daiii atto sulla liceiiza di pesca. La deniinzia sara piibltlicata jx'r mezzo di avviso aH'iillicio di porto ed air ali)o i»ietorio del comiiiie piii prossimo al liioj^'o della scoperta, nonclie air alb(» della capitaneria di [lorto e dA comiine capoliiop) del <'om])artimento. N«'ir av\iso saranno diilidati coloro die possoiio avervi interesse a l»reseiitare eiitro iin inese le loro op|iosizioiii. AuT. 32. Decorso il termiiie rmlicato ndl' articolo preccdente, il ca- l»itano di pcnto trasmettera la deniinzia. i rdativi d(»cnmenti e le op- posizioni die Ibssero state preseiilate al Ministero di ayricoltiira, in- dnstria e coinmeicio. il (piale. riconoscinta la cpialita di s<'opritori, ne rilascera api>osito attestato, salvo alle parti il ricorso dell autorita giu- diziaria. Aim. .■)."». (^)iialora noii insoruano contestazioiii, lo scopiit* re, aiicho in'iina die sia rilasciato 1" attestato miiiisteriale. potra sl'rnttare esclii- sivanieiite il bamT» scoperto, piirdie ne abbia latto la deniinzia. Nel caso di contestazioue. T autorita marittima del liiojt'o impedira tale cseicizio tindie I' un(» o Taltro Ira i contendeiiti non abbia otteunto il ricuiiosciineiito della (pialita di sc»»pritore per parte del ministero. Akt. :U. Oji'ii (U'ssione del diritto escliisivo spettante alio scopritore dovra essere notilicata all' autorita marittima competeiite, coll' indica- zioiu' del iiome. coj^nome e domicilio del cessimiario, x\i{T. o5. Dnrante resercizio del diritto esdiisivo lo ■; ;,, ritore di uu banco di corallo dovra mantcm'ic a i»roprie spese, e p' • i)ilineiite nel centro della iM-riferia del banco medesimo, iin gallegf-iante validainente assicurato, sul (^uale sara fermata una )»iastra, rilasc'iata daH'auttnita marittima, indicant<^ il conii)artimento maiittimo, il nome dello scopri- tore. ed il gi(Miio della scandenza del diritto. Tale piastra sara rilasciata dair autorita marittima a spese dell' escrccntc. La rimozicme di tale gallc^iante, per caso indipendente dalla volonta dello scopritore, non piegindicbera il suo diritto, imrdie egli lo rista- bilisca al piii jaesto. 60 feft'i 11 If k k r -^ n {•: rr 474 roHKioN sTAirrics. 1 1 fi!:il -^1^; !l| Akt. .'?<'». II ;Jiril to «'scliisi\() si cscrrihi iicllii in'iilcii;!
  • 'Kiiiiit(>, tli ciii all' iiitirolo iMfccdcnli'. l'iiiti7. \a' sta^^ioiii ilt>lla prsca l coialln. iinliratc all' aiticolo 1(1 (It'lla U><;;;«>. Iiaiiiu) priiirlpio rol 1" iiiaiv.o <■ liiiisrniiiM-nl 10 ottolti't'. Ni'l tiMiipo intciiiiftliM, iVa una sta^ioiic o I' altra, iioii rcsta iiitcnotlo il tliritio «li t'srliisi\ in t'scicizio. Art. 3S. (^ualora 1* oscrcizio di mi baix-oMi forallo sia iiiipcdito il:i ])!iutVa<;i(), inccixiio. ;>'iu>n'a. hlocco ol alhi casi d' iiilortiiiijo <> ili for/a nia,u'j;i<»re per una parte ra.ii,iiiiai »>sercizi(» i)er una sta^iione si:cc»'.ssi\a oltre ii <|uelle (Mii aveva dirilto. Qualora I' InipetliMienti) perduri per tutto il peiiodo staliilito dallii lejij^c, (juesto potra esseie protiatto per diH' altrc stauioni .snecrssive. La relativa donianda dovra essere <'(>rr«>data da una rela/ione I'atta e <'ertitir;i:ta del Codieo di eoiuniereio. TlTCLO IV. Disponizioni deereto 10 lebbraio KSTS, u". 4l.'9-4, serie L'\ Akt. 40. In eiascun distretto sarantio Mss(>rvate le disposizioiii sjmv eiali eonteuut*' in (piesto titolo, nunostante ([Ualuinpu^ disposizione diversa o contraria dei titoli preeedenti. * * * « « « « Art. 84. ft jtroihita la pesea dri corallo fino a ■)00 inetii dale foniin- rrlle, e fino a uii eliilonietro dai luoi>lii in eui si jiesea il prsce spatla per tutto il tein|)o in <'ui , 4(;, 4s, r»2, 53, r»4, r>.j, .j(i, ."»:, r>s. .".i), (jo, r.i, (J2, (;3. o<», as, 71, 72, 73, 74, 78, 70, SO, SI, S2, S4, 8a, SS. S<> del presente re},'olaiuento saranno punite eon pena peenniaria estcnsibilc a lire einciuanta. Art. 01. La distruzione, le riniozioni e le inufazi(»ni ai sejiuali ^i'al- lejj'^iianti di eui nell' artieolo 35 latte da terzi, saranno punite eou niidta da lire .">1 a 300. Art. 02. Loscopritore dei nuovi banelii di eorallo,t'ln', eon lo si)osta- inento dei segnali }iallej«er es- tendere il sno cselusivo cscreizio oltrc i liniiti asst'<;nati nell' artieolo 80, sara i)unit«) eon ninlfa «la lire 51 a 200. Ogni altro eontravventore alle dis]»osizioni dell' artieolo 30 sara pn- nito con ntulta da lire 4(K) a 500, <'d il corallo pescato in eontravveu- jcione sara se(iuestrato e devoluto all" avente diritto. • #••••• ITALY. 475 REOIO DECRETO CON GUI E FATTA UN AOOIUNTA ALL' ARTICOLO 84 DEL REOOLA- MENTO SULLA PE8CA MARITTIMA. APPROVATO CON REOIO DECRETO 13 NOVEMBRE 1882, n. 1090 (SERIE 3'>), NELLA PARTE RIOUARDANTE LA PESCA DEL CORALLO. • *••••• Art. 1. All' iirticnlo 81 del n'^»tliiiii('iit() di pcscii tisiirittiiiiii, ai)i)i'o- \i\\o ((111 i(';;io (lecit'to l.'J iioveiiibre 1.SS2, n. lUSIO (seiie .'}»), soiio ji}{ •;iuiiti i s('<>'ii<'nti ('oiniiia: "La pcscii del '.oiiillo iiei iiiari di Sciacca «•, lejjolata dallo seguenti dis|Misi/i<)iii: ••K|»r<»il>ita, lino a tut to il IS!»1, sid haiu'o scopeito ncl 187.'); gli altri baiiclii saiaiiiio divisi in /one v il tnriio di cst'i'ci/io ilella prsca .sn ciascnna di csso saia lissato a cnia d«'i ininisteri della marina v dell' ajiiifoltma, indnstria c coininrrcio, st'condo ciu' sani riconosdiuto coii- V(>ni<>nto, in annoiiia allccondi/ioni (M)ralli<>'(>ne d«'i hauchi .stessi. Delia rizolnzionr sara data iioti/ia al i»ni)l>li('(> a mcz/o di notitica/Jone. dello (•apitanerie, di porto del Ucji'iio. "Ti'rminata col 1S!)1 la pioiliizont; di ]»esca sul banco scoperto ncl 1S7"», la pcs<'a stcssa saiM sn di csso cseicitata per turno conic e pre- scritto |)cr ^li altii hanchi." v>rdinianio cUc il pit'sciitc dci-rcfo, ninnifo del sigillo dello Stato, sia inserto nella raccolta utiiciale dolle lcji';,'i e dei decr«'ti del lie;;no d' Ita- lia, mandando a cliinnqne spetti di osscrvailo e di farlo o«servarc. Dato a Koma, addi l-'l apiile 1887. Umbeuto, REOIO DECRETO CHE MODIFICA IL 1 COMMA DELL' ARTICOLO 84 DEL REGOLA- MENTO SULLA PESCA MARITTIMA. [t!9 cliceiiibro 1888.] • •*#•«* Art. 1. Al I" comma dell'aiticoh) 84 del ie<;olamentodi i)csca nuirit- tima ai)pro\ato con rcjiio dccreto l.'i novembre 18S2, n. lO'JO (seiie 3»), e agj^^innto il sejincnte comma: La pescadcl corallo nel mare di Sciacca c pntibita teniporaneamonte. Art. 2. Le disposizioni del rejiiodecroto 21 aprile 1887, n. 4485 (serie 3"), snlla pesca del corallo nel mare di S«'iacca sone ahroj^ate. Ordiniamo che il presente decrc'to. ninnito del sij^illo (lello Stato, sia inserto nt'lla raccolta ntliciale delle lej;,iii e dei decreti del Eej;no d' Ita- lia, mandando a cliinn<(ne spotti di osservarlo e di tarlo osservare. Dato a Itonni, addi 20 dicendnt^ 1888. Umbehto. 'Snii ■' ''iff" 1 1« . ■^MTm r i ft s?;:/ ii-^1 \ ;! rJi REQIO DECRETO CHE REVOCA IL DIVIETO TEMPORANEO PER LA PESCA DEL CARALLO NEL MARE DI SCIACCA. [7 geniiaio 1802.] Art. 1. A decorrcrc dalla campajj;iia di posea del 1893 (> revo(^ato il divietotemi)oraneo per la pesca del corallo nel maredi Sciacca .stabilito coir articolo 1" del iiostro decreto 29 diccndirc 1888, n. 5888 (serie 3''), I 47r; FdK'KKiX SI ATI I'KS. i: lonno roatando (iiianto i rcsciivc F mticolit SI del rcj^olaiiKMifo di posca. marittima, appiovato col rojiiodct rcto lA novt'iiibic ISSL', n. lOJK) (scric OrdiniaiDit clii' il picst'iitc (Iccicto. niiiiiito ^\^>\ sijiillo drllo Stato, sia iiisi'ittt lu'lla ia('c<>lta iitlicialc dolU' l(',ir,iii *' <1«m d<'»'ieti del IJcj,mi(> d' Ita- lia, iiiaiidando a cliiuiKpio spctri di ((ssci'varlo «• di {'arlo osscrvan'. r^HF-UTo. CODE FOR TIIF, MF.1J<"1IANT MAKIXK OF THE KINGDOM OF ITALY. ll'iililislicd hy lioyiil Dimiic .it'Juiie "Jj, IgOJ, No. 23J0.] |TiMiish(liiii).] • *****• Sec. 1 12. TluM-oral lislinios in flic seas (d' the State sliall ho sn1)j«M't to tlir pavinnit of an annual siiia. tlic anionnt ol' wldcli .slial! be l)\<>d hy Jvoyal Dccioc, Koit'ijiii vessels whicli are aot entitled by treaties to lisli on the same 4'onditions as the national vessels .shall i>ay d(»id>le the amount eonleni plated by the preoedinj;; elanse. LAWS OF ITALY l{E(jri.AT!N(i THE ( ulfAl. 1 ISHEUIES IN Till; WATEUS OF THE I'lBLIC DOMAIN AND IN IlII'. TKKlliTOlllAL SEA. LKo. :i70(i (liil >,vi,^i M;irch II li, IS77.] |Tr;iii>l;iliiiij. | Section 1. General I'rorisions. Atjt. 1. Tlie i>rosent law rejiulali's tlie tisherios in the waters of the yublie domain, and in the territorial sea. ###♦#*• The iM'Ovisions contained in the Merchant Marine Code, and in other laws relatinji' to the water police and na\i<:ation, remain uny IJoyal l)e' on lisin'rivs in general, ov eeifain speeial fisheries, with rej;ar(l to the mouths of rivers, the tunny tisheries, the mullet lisiieries, an. .Vny otiuT rules and rej^ulations expressly reserved hy this law for the rej^ulation o\' its executitui. *»###♦* Akt. 7. 'I'ractsof coast, of the domain waters, and of the tei-ritovial sea may be .^ranted for a term not exccedinu' '•!> years, to any person who intends to en,u'a,i:<' in the raising of lisli and other acpiatic animaiN, except the cultivation of »*.ora's and sp(Hi:n«'s. Such lirants shall lu' subordinate to the condit ions wliicl: tlie ueneral interests reciuire. ami which are necessary for etl'eclini; t he constant exercise of the measures foi' which these j^rants haNc been made. .\KT. S. 'I'iie s|»ecial tax on the i\ e rij^ht may be extended. » # * * tt # # Section III. iL.';srii? Iiijhtctioiis «!/(»/ I'ciialties. AiJT. 18. The n'yuiations tor the execution of the present law may fix liiu's up to "id lire, as rt'.i;ards \iolalionsof the |uo\ isions lelatiujn' to tlie tunny lislu'ries and tiie coral lisiieries, and up to .'((MMire, subject to the spe<'ial penal re.uulat ions contemplated by other articles of the present section, Aur. 11>. li the \i(»lati(m (»ccurs a second time within a year, the lines lixed Ity the precediiij;- article may lu' increasetl, but shall not reach doubie timt amount. The sec(»iiii \i(dali(m which occurs within ro\ f(t by l;.>.\ m1 l).>nv.» of Xovcmlifr 13, 1S82. No. 1090.] Section I. Gciural I'rovifiions, m Jill' Art. 1. The sea fisheries ai'e reunlated by the law of March 4th, 1877, No. 37, 2u(l clause, of ITALY. 479 \'.\e prcsciii rofjiilations, iiiakc written (leclaration to that ofU'cot to the iiiaritimc authorities of the jihu-e wliere he intends to fish, and of tlio place where he hts out his hoats. Tlie antliovitics referred to sliall make a reeord on th<'ir books of said (h'claration, anl issu«' the liecnse preserilied by Artiele 144of tiu^ Mer- cliaiit Marine Code: When tile person wli(< lias made said dcchuation has discover«'d a (Miral bank he must annonnre tiie fact to the local nniritinie authorities. Ai{T. L'S. Any one u ho. witlioul lia\ inu' made thedeclaration referred to, discovers a coral bank shall enjoy the privilenji the various <'laini- ants, belongs the precedence in havinu' dis<'overed a eoral bank, the person who lirst made the ani.onncenn'nt shall, foi' administrative pur- ]ioses, be c<»nsidered the (iisc(»verei-, subject to recourse to the Judicial authorities in the sense of article ;!L'. In case of simultaneous announcement by several jtersons, lu' shall be considered tliedisc(t\erer who liist makes the declaration nuMitioned in para<4ra])hs 1 and L' of article I'T. AiiT. 3i). Hanks tbrminj; branches or partsof banks which have been formerly worked and have been abandoned are n(»t considered as new banks. Akt. ol. The aniuMincement referred to in the prece(lin«rarti«'les must contain the indications necessary to deliiu' the location and extent of the diseoveiefl ba»;l<, and a «leclaiati»ui that it is the intenticni of the discoverer to comply with all the provisions of the law. The maritime authoiities will eriter this announcement on the records referred to in Article L'7, and will issue the fishery license. The announci'ment shall be published by means of a notice ])osted at the port odice and at the town hall of tlu' township neaj'est to the place of discoveiy, as well as at the harbor master's (»llliceand at the town hall of the capital of the district. In this notice it shall Ix' stated that anyon<' who may have any ttbjectjons to offer shall offer the sanu' within one month. Aim. 3L*. After th«' jteiiod indicated in tlie precedin.i>' article has elapsed, the harbor nnister shall transnn* the aniniunceuM'ut, the doc- uments relatinu' thereto, and any obje iions which may have been offered to the Minister of A,uriculture. Indiistiy. and ( omnu'ree, who shall, after having examined into the character of the discoverer, approve the annonneenu'nt, leaving to parties \ iio amy object the recourse to the Judicial authorities. Akt. Xi. If no contests have arisen the discoverer, Mft<'r having re- <'eived the miin'sterial ap|n-o\al, has the exclusive right to work the bank which he has discovered, provided the pr<»per notice lias been given. In <'(mtested cases the local maritime authorities will stop tlie work- ing of the bank until one or tlie other of the contestants has been recogni/ed by the ^Minister as the discoverer. Art. .'M. The granting of an exclusive right to the discoverer must b<' notified to the proper maritime autlKuities, with the full nan ,e luul residence of the discoverer. AlJT. ;{r). During tlu' exercise of the exclusive right, the discoverer of a coral bank shall keeji. at his own exix-nse, and as far as possible in thee«'ntreof thecircnmfert'uceof said bank, a boat securely anchored disi)layitig a sign issiu'il by the nniritinie authorities, indicating the i^ ■); :;r!i£i' ; ' i ! ,1: j Wit I ,;.? 480 FOREIGN STATUTES. iniuitiiiH' (U'i);ivtiiuMit, the name of the discoverer, and the (hite when the rij»lit will terminate. This si}i;n will be issn«'(l by the maritime au- thorities at the expense of the i>ers(»n exercisiiij;- th«' rij^ht. The removal of this boat by anyactioa independent of the will of the discoverer will not [>reju thnuighout the entire period hxed by the law, the i)eiionged by two successive s<>asons. The ie(piest must be acconipar.icd by a n'port duly certified by the prop«'r authorities, in accordance with the provisions of Articles 'SM and 310 of the Commercial (Jode. Section IV. % > (. Ft'ovhions of a hoail Cliaractcr, Art. .'>9. The divisions established liy I'oyal l)e('rec(tf February f(Uh, 1S7S, No. t'JOt, Seiics L*. ;ire considered as lishing districts as regards the present rcgidation.s. \\IT. 10. In ciich distiict the special jnovisions contained in thisscf-- tion shall be obseiv«'d, even if s(»iiie of t hem conllict with those of the preceding sc«;tion. Art. y a fine not exceeding ."iO lire. Art. 91. Thedestrncti(m, removal, or damaging of the floating signs nu'ntiiUied in article ;>."» will be punisiu'd by a fine of from 51 lo 300 lire. AuT. 02. I'' isons who have discoxered new coral banks, and who I»hu'ethe floating signs mentioned in article 35 in such a manner as to ITAI.Y. 481 ^'^ !>-' nnliiwCnlly oxfcinl flic limits assij-ncd to tlioiii bynrticlo S(»\vill he imn- islicd l»y ii liiH' of iVoiii ."»! to L'(K» liie. Any iiitViictioii oi'tlu- |no\ isioiis of Aiticlc .Wi will be punished by a liiH' of 100 to .■»0(> jiio, iind the coral wliicii has been lislicd nnlawliilly will be seized and returned to the person havinj^' a right thereto. KOVAL DKCIfKK OK APKII, L'lST. 1SS7. MAKINd AN ADDITION To All- TKM.H SI OF ti;k im;< i t I, ations i'o|{ tiik ska iisiikimks, ap- I'UOVEDNOVEMUEK !oTH, ISSL', AS UHii ARDS THE COIJAL El.SllEKIES. |Xc.. 44S.'..) Airr. 1. The following- clause is added to Article St (»f the regulations for the sea tisherics: The coral lisheiies in the Sea of Sciac<'a are icjiulated by the fol- lowinjj;' provisions: (loral (ishiny is prohibite(l till the end of the year 1S!H on the bank discovered in 1S7"». The othei- banks will be divided into districts, each havinj^' its turn diirin.u' whit h (isliinj;- can be carried on. The (uder of these turns shall be tix«'d by the Minister of Marine in conjunction with the Ministci' of Agriculture, Jndustry. and Coni- nierce. as they shall deem convenient, in a«'Cordance with the coial- lU'oducing conditions of these banks. The public will be advised of these turns by a notice from the Chief Harbor OlIitH'r of the Kinjidom. When, at tlje end of the year IS!>1, the prohibititui to lish on the bank disco\ered in 187.1 ceases, tishing on this bank will be carri«'d on by turns, as on the other baidvs. (liven at Koine, April 21, 1SS7. Humbert. EOVAL DE(;REE Ol' DECKMRER 2J>TII, ISSS, MODIFYINO TIIK I'URST PARAtafAlMI OF AUTIC'LE 8-4 OF Till) RECU'LATIONS FOR THE SEA FISIIERIKS. [No. 5S88.] Art. 1. The following is added to I'aragraph 1 of Aiticle S4 of the Regulations tor the Sea Fisheries ajjproved Novemlter l.'Uh. ISSU: ''(!oral tishing in the sea of Sciacca is temporaiily prohibited.'' Art. 2. The provisions of tlu' Koyal Decree of April 21st, 1SS7, Xo. 4isr)(;h'd Series), relative to the coral fisheries in the sea of Sciacca, are abrogated. Given at liome December 2!), ISSS. Hl'MRERT. ■H 1 1*"'- ROVAL DE<'RKE OF .TAXirARY 7TII. 1S<»2, REVOTCIXa THE TKMPoR VRY FKOnilUTION OX THE t'OUAL FISIIEKY IN TIIK .SKA OF SCIACCA. Art. 1. The temjKuary pndiibifion placed iiptui the coral tishery in the sea of Sciacca by .Vrticle 1 of the Decree of December 2!>. isss, No. .".SSS (Series .■>),'is revoked, to date from the close of the tish- ing .season of l.'0;{; the provisions of Article St of the regulations re- specting the inariii" lishcries, approved by the Koyal Decree of Xoveiu- ber 1.}, 1SM2, No. lOJ.O (Serie^ .">), will remaiu in force. „j^ llUMliERT. ' ' ,s m n >•■; i'-; ll ,' A *, ^' 482 FORKKiX STATUTES. NORWAY. 19.Iu^M. No. L'. isso. [From ■Niii-sK l.i.vlidciiil.'. ISKd .■ |.;i;:r :ii:i.) liov anj-iiJUMide KiiMliiiiij> al' llviil v«m1 KiniiiaiUcns Kysf (*) ('). \'i Oscar. (». s. V. (IJi/irc \ it tcrlijiit: At Os v\- bl('v«'n r(>ri'la,ul il»uvortra' til S,(M»(» Kroner lor livn- llval, soiu Ja,i:('s ollor draOu's. Dm;: skal at'ot Skil>s llcsM'tnino- inj^cn aiidcii end F/rort'ii strallos. iiaar ( )\«'rtra'siis, Koiniiier ikko til Anvoiidolsr. (-') 8Fi(i. 1 Sa.yoi', dor rois*' siy at' Ovortiiodolso at iiaMva-rendo Lov. l>o- liandlos vod Foiitirct. Foi- IJi/idcr, livorino«l l'\/ror ollor Ifodrr Idivor anseot. hotter Skiix-t. Sec. 4. Na'r\a'roiido Lov skal ikko va-ro til Hinder lor. at nnin kan bonia'^ifi^ic si;;- llval. soni tin. Denno li<»v tra'dor i Kialt Isto .lannai' na-sto Aar o;ii' skal g;ia'ldo i >"» Aar." Thi have Vi anta,ii('t o;; hokra'I'tot, li;;osoin N'i horvod antayo o;; bokra'lte donne Ijoslutnin^i soni Lnv. 5 Jam AK issi. [Knmi Norsk I.ovl idi'riilr. 1881 ■' i^yr 7.] Plakat indoholdondo IJostenmielsi'r om I''redniii;i' at" llval vo.ji/ire vittorli^it : 1 Kraft at" Lov aii^iaaoncb' Frcdnin^' af llval veil Fimiiarki'iis Kyst af I'.hlo .Tiini isso. Sec. l,o;'' under llenvisnin;; til sainnic httvs, Sees. li, 3, 4 oy: ."> fastsa-ttos horvod: Faa llavstra'knin;;en vcd I'inniarkons Kyst i on Afstand af indtiloii ^■•oo^iratisk Mil fra Kyston.re;iiiet fra den ydorsto y) ellor llolino.soin ikke ovorskylles af Ilavot, skal dot indtil Vidoro va'ic forbiidt at dra-bo oiler ja^io llval i Tidsrmninot fra Isto .laniiartil IM^ianjiii'ii af Mai. l''or N'aranjioriiordons \'edkoininondo blivordia'tidson for den frode, 18S0, KKLA'I'ING TO TIIK PllOTErTION OF WHALES. 'rniiisliition.] Skc. 1. It sliall 1k' prohibited on that pait oftho sea on th('«'(tast of Fiiiiaarkon which tlic Kiii;^ will define to kill or ehase wliales duiini;' the period extending from the 1st (dManuary till the end of Ma\ : hat whales which h.ive l)een wonnded ontside «»f the limits of pi'otecticc. may he killed or he ntiliz<'d within these lindts. Skc L'. Any one violatinji the provisions of Section 1 or ln'cominii' party to such violation will be pnnished by a lin«' of from t. (»(»(► to S,(I0() kroner for ea<'h whale which is chascMl or killed. Of a ship's crew, however, none but the caj)tain shall be ])nnished, if the law has been \ io- lated either by his ordei' or with his knowlcdji'e and if he has not done eveiythinj; in his jxtwer to prevent snch violation. The provisions of the last «'lanse of section 40 of chapter LJ of the Criminal Law of .lunc .'}rd, ISTt, shall not apply.* Skc. •>. Cases arising;' fi(»m vi(tlations of the present law are treated before the ]>olice courts. For tines to which *^he captain or the owner of a \ essel has become liable the vessel is held as a ple' in the sea in a wonnded condition. Skc. r». This law shall ;;(Mnto operation on the 1st of .lanuary of next yeai' and shall remain in force for live years. IMv'ocl.AMA rioN CONIAIMNO I'lli: KMUMT-A TloNS IfKLATIVK To THE IMJOTI.CI l(»N (»F WIIALKS ON TIIK COAST oK KL' iVLVKMvEN', .lANU- AKV .■». ISSI. Ivcfcrrin^i' to the law of .lune l!>th, ISSO, lelative to the lU'otcction of whales on the coast of l"'inmarken, it is hcrcity ordered: In the sea »m the coast of Kiiimaiken, at a |iii iiuj lit ilic |iri»tc(tiiin of soals in tin- I'olar." ca tScf DfL'H'.s .)f Fcliru:M\ 22, \X12, iiihIOiIoIk r Iti, ISO'J. •tr , t-1 1 ■' ' ■:i w^' :f, - n (• t ! ;^'f 484 FOHKIfJN STATIITKS. COLOMBIA. [i'riiiii (!ar<'l:i dr I'liniiiiiii. I'Vliniary fitli. \>"Mi. \i». :t2l.] DECRETO NUMERO 6 DE 1890, I Pi' 'Jit (If iMicni.) soniJK nrsEKiA con MA(,>riNAs kn i:l dkpaijtamento. /•>7 (iohvrnndor del Ih'jxirttonnito. Kii nso (Ic sns iitril)U('i(»ii('s, y ronsidi'iiiiulo: 1". i)nii la luisrna «oii iiia(|iiiiias <1«' la citiMlia iinulre ])('rla sr ]»in. 1iil>i<'t en este Dcpartaiiu'iito. por roiisidciarsc itcijiiilicial al roiuciito rcada toiirlada d<> las coiiclias dc iiiadi'c pcrla cxtraulas con in:i<|uiiia: ."5". i}m' la n-caiidacioii d«- este inipursto. en la t'oiina rstabUM-ida, |nr- scnta iiic<»nv«'ni«'ntt's \mv no srr tacil avni^iuar con pn'cision el iinincro dc toncladas dc tal niolnsco que sc (>\tral;^an eon cada niixpiina; y 4". (^)uc csta (lobcrnacion osia olili;;ado a ascj;uiar los intercscs del Tesi.ro. dkcrkta: AKTf<'ri,(» 1". I'ei'Miftcsc la Imst'iia con ini'hininas en las <'osfas del DcpaitaMicnto.coinprcndidasdc las IMintas •» Mariato" a '• I>urica,"sicni- l»rc (pic i)rcvianH'nte s«' obtcnga la icspectiva pat<'ntc. Au'i'i'cuLd '_'•'. Las patontos, sc damn por cada nna nii'iqnina (jnc sc cniplcc en la hnscn'a, swam por nil ano: las cxpcdira el Adininistrador (lencral ^ie Hacienda, y las visara ol Sccrctaiio (leiieral de la (loher- na<':<»n del Dcpaitaiiiento. AwTicrLo ;»". 1^1 valor de cada pater.te sera de doscientos pj'sos, (pie sc consiynaran en la Acdici(»n. AiMUTLo 4". No sc dava ]>atente para Imscar «'on iiiiKpiinas en el (lollo de Panama, desdc las Tiuitas "Mala" liasta "(laracliinr'." Aki'MTLci ")". Los contraveiitoii's sulnran las jyeiias dc coiniso de las niaipiiiiascon sns acccsorios eiiiplcadas en la extra<'cion dclaconclia iiiadrc |)crla, y do una iiiulta i^Mial al i'uadriiplo de la caiitidad (pie coiiio di'reclio dehia pauaisc por la patcnte anual. ICn caso dc in; ol- vciM-ia del ninltado, la iiiiiUa sc coninutara p(»r arresto. a razoii dc iiii dia i)or <'ada dos jtcsos. AliTi'cri^o fi". lios Prefectos de las Provincias del Departaineiito, conninia la patcnte respccliva. Akticilo 7". HI ('omandantc de la Canonera tiiti/avn inspeccionara con Irecnencia las costas HI»»CTi.»»i ' 1,1" 1^11 .^k'iM «f ri ' !' 484 KOWKKiN STATirncs. COLOMBIA. [Fidin (liiril;) (Ir l'iiii;imii, l'.'l>iiiary f.lli, \<'M,. No. ;i21.] DECRETO NliMERO 6 DE 1890. I Itc 'J'.i ill' ciicni.l SOmiK in SKIIIA CON MA(MINAS I;N KI. nr.l'AKTAMKNTO. /v/ (iohcrnador thi Ihpnrtinmuio, Kn uso (Ic siis iitrihiicioiu's, y fonsidt'iaiHlo: 1". (i>iu' la Itiiscna r(Ui iiiii(|iiiiias de la coiulia iiiadie pcila sc ]>r(i. Iiiltio «-ii osto l>t'|>ai'taiiu'iit<>. por cMiisidciarsr pcijinlicial al l'oiii«-iilo tie csta iiidiistria del pais; L"'. (j)ii<' el SiipiTiiKi (JM])i«M'iH> I'aniU*) a csta (lolMTiiaci*'*!! para per- iiiitir la laiscria «'ii dctrnniiiados liijiarcs df las rostas drl tU'paita iiicntM, innliaiitc rl pa*^'(> drl iiiipnv poi' cada toiirlada dc las coiiclias dc iiiadi't' ptM'la cxtiaidas con iii:i(piiiia: ■ >". (iMic la iTcaudacion dc cstc iaipiicsto. t'li la forma j'stahlccida, prc- sciita in<;oiivcnicntcs por no scr t'a<-il a\*Ti.!:nar con {trccision cl nuiiKMo dc toiicladas dc tal inoliisco ipic sc cxtraiuan con cada ni:Mpiiiia: y t". (^)iu' csta (lobcrnacioii ostii ohiijiado ii as«'<4urar los intcn'scs «lcl 'I'csoro. dkcrkta: AwTicrr-o 1". I'ennit<'sc la Imscria con ini'Kpiinas en las costas del Dcpartaincnto.coniprcndidasdc las IMinlas •• Mariato" a '• I5uric.a."siciii- \)Vv ■)". Los coiitiavi'iitorcs siiiVir:in las jieiias dc comiso de las matpiinas con sns acccsorjos cm])leadas en la extraccion de la coiielia iiiadre p4'rla. y de una !nnlta i,u:iial al cu:idrnplo de la cantidad tpie como d«'icclio dchia pauarse poi' la patcntc aniial. V.u caso dc iic ol- veiicia del niiiltado, la ninlta sc conniiitani poi' anesto. a la/.on dc nn dia por caila dos pesos. AuTi'cri.o ()". Lets l»i<'lcctos de las l'r(»\incias del Dcpartamenio, i'oiimnicaran a los eniplcados de su depcndeiieia las ordencs ciai dnccntes a inipcdii- (pie sc Inist'c e((n niiiipiinas. sin tpn- sc t«'n,na la jKitcnte respect iva. Ahti'ci'Lo 7". VA Comamlantc de la ('afioncra llnjiiuo inspoecionaii'i eon Ireenencia las costas del 1 )<'partanicnto, para impcdii- (pie sc husic eon matpiinas en los In^ares prohibidos, y (pic en los pcrmitldos se liaji'a sin dar cuniplimiciito a las disposiciones del |»i('sentc hecrelo. <'omniii(pu>.S(> y pnbli(piese. Dado en cl Palacio de (iobierno de Pananiii, a -'.» de eiiero de 1S(K». El tSeeretario (Jencral, f. J. \', AVCARDI. S. M<;Kav THC Hmrms nrtn^co i-WOtO-l'TM"! l•lk^^'ll•C.T^^». 11 I i: ! V; M J: $i :■■ it I ' U I 1 DECREE OF THE DEPARTMENT OF PANAMA, Na 6 OF 1890. IKi'iiiii liiiri-lii ili< I'liiiiiiiiii, mil KcliniaiN. IH«l-'0(), which will b(^ paid in to the (ieiu'ral Administrator 4»f Finance prior to its despatch. AIM'. 4. No permits will l)e issued tor diving with machines within the(iulf of Panama from Points Mala to (iarachim''. AIM'. ."». The transgii'ssors will sutVer the penalty of conhscatioii of their (living machines and all accessories used in the diving for inotli('r-(»f pearl shells, and also a tine etpial to four times the amount which slnaild have been paid for tln' annual '' patent." In case the lined person lu' insolvent the tine will be commuted l)y arrest at the rate of one day's arrest for evei'y two . The I'refects of the Pr<>vinces of the Department will in- struct the employe's under their Jurisdictions, by rcMiiiisite orders, how to pn^vent diving i»y unlicensed machines. AuT. 7. The «'ai>taln of the gunl)oat liiti/dcii will inspect the coasts of the Department wlieiu'ver practicalde, and prevent diving with macdiines in piohiluted places, and in others;, where diving with machines is perinittcMl, will see that the diving is done in iiccordanco with the terms of this Decree. I>e it mad(^ public. Given in the Palace of tin' (roverniu' of Panama, this 20th of Janu- ary, ISJM). The Secretary Gi'iicral, J. v. AVCAliDl. S. iMcKAY. 48G FOK KIOX STA'rrTKS. f I ! ' I 'II I f MEXICO. [SiMTi'liirlM di' K-iliido y ilrl I>i^|Kirliii ili- lliiiinnhi \ < 'nililo Pi'ilillco, S.M'<-ion 1.] Ilaltit'iMlo |K'(li(l»> iiistniccioiics ii ('st;i sccrrriiriii el ji(lmiiii>tr;i(lMr dr \i\ :i(liiaiia «l»'l I'rojurt'so sobic 1;) maiii'ia cii (jiu- (It'lic proct'dfi' rcspccto iiarioiiaU'S podr.iii ociiparse dr tiasportar dirlios pio- diU'tos. lilnTs dc ilcrcclios, sin otra ((Hidicion. (kic dc ia d*' insrrihir el ]ioimIm'(> i\v la fiiiltai'cacioii y los <|f los tnpiilaiir<*s <-u la adiiaiia iiian- tiiiia mas iiiiii(*(liata. dc altiira u raltotajc, ruyo ailiiiiiiistrador (picda facultadti para cxiM-dir la patciitc ropcct iva. Hi. I )i»lio patt'iilc SI' rciioxara aiiualiiiciitc. \ Iiu'u(M|1i(' liit'ic cxpc- dida. sc dara coiuu-iiiMciito dc clla a la sccrctaria dc lia<-iciida. l\ . Los lnKpics cxtraiijcros solo pod ran oruparsc dc (>stc trntico. pre scntaiidosc pi'c\ iaincntc a la adnana niai'itini;i rcspcctlx a. dc alt nra o caltotajc. «'n la i\\U' pa^aran cl dcrcclio dc tonaiadas cstaldccid<» o (pu' sc cstaldc/ca sol»n' Itinpics cxtranjcros. (pic aliora cs a ra/on dc iin poo ]tor cada toiiclada. \ rcciliiiiiii nii pcrmiso temporal, (pic no cxccdcia dc scis iiicscs. \'. I'ara ohtcnci cstc iicrmiso scr;i indcspciisahic rcj^islrar cl n(»iiil»rc del l)ii(|iic. cl del capiiaii y dc los tripiilantcs. VI. VA iiunicro dc los tripiilantcs dc Innpics extran.jcros imnca ex- ccdcrft do vcinticiiico. \'ll. Las patcntcs y pcrmisos dc (pic liahla csic rc>;lamciito. lial>ili- taii A los (pic Ics obtcnjian, i>ara cstal)Icc<'r cii \u c(»sta lial>itacioiiHt* sic r \a c >r('>di 1 l»id\ isi(Mialcs. (pic sir\an |>ara rcsyiiardar los ]>r(>>diictos dc la pcsca y prcparai los convcnicntcmcntc. VMI. I'ara cslablcccr diclias liabitacioiics rccabaiMii prc\iamciite licciicia dc la antoridad municipal m:is inmcdiafa. (pi('daiid(» lc> tripii- lacioiics dc l<»s IdKpics snjctas a las Icycs del pai^. dcsdc cl iiiomcnfo (pic sc s(dicitc cl pcrmiso. I Hclia antoridad no podra con(;cdcr la liccii- cia. siiio en vista dc la patciitc 6 pcrmiso i\v la ;idnaiia maririina re spectiva. IX. La antoridad municipal liara el st^nalainiento material del hi;;ai en (pic piicdaii cslaldcccisc. por licinpo del pcriMis<». X. I ios res>:nardos maritimos pod ran visitar>'ii (pial(piier iiiomciilo lo^ 4 cstablcciniiciitos dc pcsca o biicco, y re^i'i.strar ioh Innpics dcstinados a. este tr;ilic(». a tin de impedir (pic a la soiiibra dc la (((iiccsioii sc \cri- li(pie cl ('(Hitrabando dc ct'ectos cxtranjcros en -oiitraN cik ion dc la ( >rdeiiaii/.a de adiianas. XI. Caso de dclito iiil'raiij:aiit i dc contrabaiido. scran dccoinisados los utiles «lc la cmpresa y las einbarcacioiio. proccdiendosc ai Jiii('i(» rcspcetivo y i'l la iinposicioii de peiias. c(nitoi'me a lo prevciiiiht en cl araiiecl dc adiianas mantimas. XII. Los administradorcs de las adiianas. dc acncrdo con iicritfjs y peisoiias pnicticas y c(»nocedoias. dcterniinai'an ei liciniio en (pic dclia cos* liaise la pci'la, no iicriniticndo (pic esta oi'icracioii se \crili(pic eiiaiido liaya pcli;ir<» dc destriiirse la ciia. Xill. Ii08 iiiisiiios administradores xciialarau lu exteii.sioii o cspaciti J r ^^ ,"■'-'■ "^ ■^pi'i \ jj^ii*' 1 m ■Si '. '- "^■^ E ^. / D R '.V. \ A o e a 2:. a I '9yf/^o^ ^ ^A*- po ^i^r^::^ B rhr ■< ' li J m 2 S 3 en C ^ I \^ V I ^ R \ I / / Nt \ ^"o nm ^^ In Ji \ \ ^^^ ^c. '^ ^A/fcoT ■'«*. K''*' Si' 'SL -: 4?*' [ v f'o. yi '• r i 1 < 1 'Mi *'' I' li^Mai'i MKXICO. 4S7 (|nr cadii roticosioiiiirio drha vciiliciir la |M'sca, Imrco (M'\|>Iota<-i()n, liiiiiliiii(l(tlo cMii alji'iiiias .scfialcs (|iu' no (li'-ii liiyai' ii iK'iJiiicio dc fci' rcro. Diclia ext«'iisioiMM'S|>iici(» (|iu'(laii'iii coiisij-iuMlos en la iiatciilt' rt'S|M'cti\ a. XIV. lios lm(|ii('a iia<'iuiial«'.s <> «^xtiaiiJ«'ros <|im' sc cmph'i'ii cii ol tiii- lico (Ic pt'sca o I)iic«'(». sin snjrtarsc ;i «'st« r<'<;latM<'nto y a las Icycs yc- ncialcs (Ic la licpnhlica. scran ninltados por cI a(liiiinistraitantes, salu'd: (^ne «'l ( "onyreso de la I'nion lia tenido :) bieii decretar lo si;;iiiente: I'll ('(Hiyreso de la Union de<*reta: Akt. I. La zona perlilera en el litoral de ISaja California sera divi- a y lOcheverria, dipntailo seeretaiio. S. Nieto, diputado secretario. I'or tanto inando se iinpiiina, pnblicpn', einMile y se le de debido eninplirniento. Dado en el I'alacio del (Joltierno l-'edcral d«' Mexico a veintinno de Abril de mil oehocientos setenta v cnado. (Knnlo.) kSKiJAsriN Lkkdo i)i; Tk.i adv. Al ('. i-'raneisco Mejfa, Secretario de Kstailo y del Despaclio de Ha- cienda y Credito I'ldilico. Y lo comnnico it \'d. paia sn inteliyencia. lndep(MMlencia y lii)ertad. Mexico, Abril lil df 1.S74. M)'..ifA. (Srciitiiri:! ill' Ksliiilii y ili'l Ui s|i;i' liii lie ll;K iiTiilii > Ciiililii Piililic" Siiriiili .;•. Mi'-a .'i'.) Reglamento para el Buceo de la Concha Porla conforme al Decreto de 21 de Abril de 1874. 1. — lUlcco. I. Kl bnceo de la conclia peila es libre en la costa de la b'epnblica Mexieana, tanto pani los liabitantes una pcrsoiia <|iiioi'<> cstablctM-r una armada. p«>dii':i p(>rMiiso al adniinistiador dc la aduana mas inmodiala, r\ cual no podr:i n<>^'ai'lo. III. Kl l)U(!eo dmaia drsdc el l.~) dc Mayo liasta v\ \'t do, No\ irmbic d<> cada afio, no pudi('ndos(> ampliar cstc pla/.o ]>t)r nin;>nn niotivo. IV^. Nini>iin arniadoi' pucdo impedii' ii prrsona al^nna tpic vaya a visilar los lu^iaivs v\\ que sc buroa, y aun a cornpiar ju'ilas, sicmpi*^ tpu'scan dc la propicdad de las quo vrnda, (pH>dan«lo en caso contrariM, tanfo v\ compratlor ooino el vondedor, sujctos a h) qu<' pievleneu las k'Vt's sobiv ei'ectos robados. p'. '1 1 X 1 II. — Zotnis. V, S«' divide el litoral ijeilil'erode la Ilaja-Calilbrnia. en euati'o zoiias, seyun lo previene el siii»renio deen'to de lil de Alnil . Tra«'r su lista de raneho eon todos los r«'(pusitos que previene el aiaiieel de aduanas. 0. I'afi'ai" l<>s dere<*lios estableeidos 6 que se estable/.(;an sobrt' l«>s viveres <[ue tiaii;an de ex«'eso. V. — VisitaH, 11 S 1 Xl\'. lios adnnnistradoies de las aduanas dispondian que se visiten las ainiadas |»or lo menos seis veees durante la tempoiada. X \'. Las visitas teiidran iior objeto inv<'sti;iar si se <'um|)h' eon le pic- venido en el supremo decreto antes jueneionailo, y en este rejilamento. XVI. Kl emph'adoiHiuien «'n('oniiende','stas visitas el administrador, rendira iidorme eii'eunstaneiado de todo lo «jue oeuna y sea ronve- niente tener en eonoeimiento. VI. — iHsjHctorcs tir nrmodn. X Vir. La aduana nombrara uno o dos inspeetoies |)ara eada ai'uiada. X\'III. Ivstos inspt'ctores distVutaian un sueldoiU' ."? los aiiiia(lMi'<>.s inaltiatoii ii los I)ii/ms o abiiscii dc sii trahajn. <». Avisar violriiiaiiu'iitr a la adiiana l <-iial tniiliiin la t'aciiltad (U> ociipar una ciiiltaicaiiuii |)ci|iirria y el iiuiimtu s iirccsarjo, toiio (>ii(li'aii Nis ailiiiiiiistradoirs una iwnlta )|ii(> no iiajc dc .*."» iii r.xrcda tit* ^LMK). rxcrpio en los casus dc coiitrahando »'ii (jiic sc (•iKscrvaiaii las |ni'\ ciicioncs del araiicci \ i^iciilc. XXI. I'^stas iiiiiltas iii<;'i'csaraii cii calidad dc dcposito, liasta ipic cl luiiiislcrid r»'siH*l\a si csiu\ i«'i«'n I»icii aplicadas, |»ara lo cual cl adiiii- iiistrador intoiiiiai'a en cada ipie sc aplii|nc allium. 'rraiisltoiio. Sc (lcro};aii los i-c;>'laiiicntos aniciiorcs. Mexico, Juuio 2i de 1674. Mejia. LAWS RELATING TO MEXICAN PEARL FISHERIES. BEOULATION OF MAKCH 16, 1872. I'lUiislaticiiiJ Tkkasiiiv Dkpaktmknt. &e., First Srction. Thv collector (d" customs a( I'ro^iveso Inivinjj: iiMpiested IV(tin this I)c- jtartnicnt iiistinctions as to the |)i'oper method ol' procednre rc<;ai'din;;' tishciiy interests alon;;' the coast of the itepnidic, the President has seen (it, in the exercise of the lacnlties upon him conferred under par. 1 of Alt. S.") of ilic con.'^titution, to dcternunc thai the fol|o\vin>; rejiu- lations, applicalde alonjii' the entire coast of the nation, shall i»e c(uu- iininicated to him: I. The privilcffe of lishinji- in tlu' waters of the K'epublie, as well as that of searchin;; for pearl, and the benelil of all maritime products, is two to all inhabitants of the IJepuldic, II. l''orei;;n vessels can en^ua^e in the Uansportation of such pro- duets, free of «lut.v,an(l without any other ccuidition tl tlic rejiistcr, at the ni'arest nmritime cust(»m house, of tlic nanu' of the vessel and the names of the crew, such cusl(»m house, whether a hinh sea poit or tradinii post. tlirouj;h its nninagers, shall issue Ilic I'espectivc permit. III. Such permit is reni'waldc annually, and upon issue thereof due advice shall be served upon the ticasury department. I\'. FcM-eijin vessels can only en;iajie in this trattic of transportation, rcportin}>: pr«'viously to the aforesaid maritinu' custom-house, whert'. they shall pay the huina^t' du«'s established, or which may be estab- lished, for foreign shipping, which is n(»w at the rale of one d«»llar ]tei' ton; and theyshall receivt'a tenqiorary pcrnnt j^dod only for six months. V. To obtain such peimit it shall l)e necessary to re<;isicr the name of the vessel, that of the captain, and those of the crew. ':, -n-i^ pp il.,:: m 400 KoKKir.N STAI riKH. ■<. iii I I VI. Tln' miinltor of tlio new dii I'oroi;;!! vessels sliall never exreed twenty li\e. \'l I. The Will rants and permits meiitionetl in these leunlatioiis aiithnr i/.(> their holtliTs to set up ahm;: the eeast pioN isional liiiihlin;;s tn >ti>i(> the prixliiets of tlie lishiii;: ami tor their preparation. Nlil. In order to set up said Iniildinys it shall he neeessar.v liisi to seeiiie lieeiise lioin the most a\ ailahle mniiieipal aiit hoiity, the erewsoj' the vessels Itein;; siihjeet to the laws of the land from the HHHiieiit siicji permission is leqiiested. The said miiiiieipal antliority can not ;;raiit the lieense save when the warrant or permit of the respeetixc maritiiiie hoiis(> is proiliiced. i\. The munieipal antlioiit,\ shall assi<;n the |)Iaee where siieh hiiild- inji' eaii he erected for the time eo\ ered In the permit. X. The maritiim' enstoms jiiianls are at liherty at any time whatso- ever lo visit the tisliiii<:()r diving estahlishmeiitsand to ins])eet the ves- sels assijiiied to that ser\ iee. to the end that under cover of the coiices sion there may he no smn^ylin;.; of torei^n <.;(iods as a;;ainst the pro\i- sioiis of the jieiieral customs ordinam-e. X i. incasi'of snm;i;il ill;; discovered delito iiifran^^a.nti.tlie l>e!on^inj;s of the <-ompany and the vessels shall lie eontiscated. while, in accord ance with tlie stipulations of the maritime customs ordinance, the ie<| iiisite. judicial proceedings shall he had and the imposition of the lines. XII. In accord with experts and practical intelligent peisons. the I'olleetors of customs shall determine the time when pearl lishin^ m;iy lie en;ia;ied in. such tishiii^ not tns or marks to the end that the inter ests of any thii'd party shall not lie injured. The extent »»f such terii- t<»ry shall he desij;nated in tin' permit issued. Xl\'. Mexican or foiei^iU vessels which ma> eiiuaue in lishinyor div- in<; tratlic in violation of this re;;iilation and the ;;eiieial laws ot' the lke|Mililie shall lie lined, such tiiu' lieiuji imposed liy tin* collectoidf ens toiiis at the |ioint nearest to the scene of arrest, the line to he in the sum stipidated under the law, the tdVendili^ vessel to he held in the pui I until such tine lie satisfied. XV. These iej:ulatioiis writti'ii in Spanish, l-'ieiich. Mnjilish, and (Jer- man shall lie posted up in a eonspienous place in each of the maritiine custom houses. Mexico, Mareli 10, l-STl'. EoMElJo. ■ 1 ■I ■ DECREE OF APRIL 21, 1874. I 'I'nillMlllllnll. { DKrAIJTMKNI OF TlIK TKKASflfV, K'l «'., Sr<'titm .;. Tiihlr 't. The President of tin- Kepulilie has been pleased to achlress me the following decree: Seliastian Lerdo l)e Tt'Jada. Constitutional I'residi-nt of the I'nited i\l«*xiean States, to the inliabitants thereof: Know Ve, That tlie Coii;:iess of th«' I'nion has seen lit to tleeree the followin^i': The Ton^iress of the Union decrees: AUT. 1. The iiearl lisheries aloiii; the coast of Lower California shall MKXK'O. 4!ll 1)1' limits wlicn'ol' sliiillhc ilcsi-jmitfil \t\ tin- IVNcrlltivc. Aim.-. 'I'Iic lisliiii;; lor slicll iiixl lor immiI rnw li*- imii icti on altcr- iiiitivt'ly tMcli t\v<» yiMis in aii\- one of the disiricis. Wiit iiiMlri' no ron- siili'i'iition sliiill tlir mot Imt slicll Ix* rcnioN nl. N'ioliitors nf tlic nilr are liaMi- to a line of IVom "(KKt to >(.''>ll(i. Airi'. .'5. In ronfoiniitv willi this law. the lArcutive shall modify llu' i'ishciy Law o\' March Hi, IMl'. Talacc ol' tin- licyislatisc Tower of the I nion, Ainil Jl, />;"/. Ji. (;. (it /MA.N, SfHttl.rf nf iliv lloiisf, A. K'lllA \ KcilKVr.HKIA, Chfl: It I' the House. Chrh- of the House. I tlierefore order flial flie same may lie printed, published, and eir- culated and •:i\eii due compliance. (iist'ii at the Palace of the l''edeial (lovenmieiil i»f .Mexic(», on the I'Ist of April, the year one thonsand ei;;ht hundicd and seventy-four. Si: HA ST I AN h Kit DO Ue Tejada. To C. KuANt'isro Meoia, Srcrrturi/ of thr TnasKi'i/, etc. And I <'omniunicate, et(\ Independence and liberty. Mexico, April -1, 1^71. Megia. ORDINANCE OF JUNE 24, 1874. I'l'iaiisljliiiii. I DKrAKTMKNT (»K I HE TlJKASl |{ V, tS:e., &0. Serf ion ,7. Tiilih ■">. KKCJILATIONS TO tJoVr.l.'.N I'KAI.M DIVINO INKKlf I'UOVISlOiNS OF THE DEt'KKK III AIMMI. Ul, ISTI. f . •(■r m »;r»lw,|j|j, ''---« m-'' I, — IHrliif/. rtr. 1. niviny for pearl is free alon;; the coast ivf the Mexican Republic, alike for the inhabitants tin'reofas well as tor forci^iners, provitled they always are tibedient to the laws of the land and to the re;:uliition stipu- lations. -. WheneNcr any person desires to open up tisliinj: ;;rounds he may apply for permission to the nearest customs collector, who can not deny him. .■>. The tisheries shall last tVom May !."» to \/.s/,/,/,v. ,« ." I J' ."». 'I'lir pciii! lislinics iiluiii; tin' niii>.( of l,u\\ rr ( 'iiliruniin sliall lie *li\iii:. — Tlir MTiioiis of the lii\> w liiili art- uinit Ictl nlMir In I lie iMtiiiuhii Ich uI IIh' liNllili;: iliHll jl Ih, llli' ri|lli|illirlit nrtlivi'l's. ami till' riijli r| lull nl ililil.s ililr li,\ invisi(»iis in cxci'ss. V. — InxiKvtions. I I. 'I'lif rnllcrtnis of ciistnins shall an aii;:(' that the Hcots nf tlu' tish- cniifii shall lir insprctnl at h-ast nii six ocriisioiis (liiiiii^ the lishiiin' srason. l.'t. The inspfttnrs shall invrstinatc w ln'tlMM' cnnipliaiirc is Iia(l l>y the nistonis cnlhTtni with tin' inspcctinn shall rciiilcr a ilrtailtMl irpmt nf all that may ncciii' and wliich it may lie cxpcdifiit In iciik'HiIu'I . V I . — Iiispcoloyn of Fhrfs. 17. The ciistninlioiisc shall appoint niit'oitwn insprrtoi's for cacli th'ct. is, Tlu'sc inspcctuis shall draw a salary of t\v«'iity dollars a month, which, with tiM'ir hnard, shall !•» paid by the irniscrs. 1!>. 'lilt' fnllowinn arc the diitii'. nf the iiispcetois in connection with the piiider sale j-iiard, to the <-oinpetent authorities. ii. To prevent smii;';;liny. iii. To prevt^nt lishinj^ outside of the ilistiict allowed. iv. 'i'o prexcnt the extraction of imttlier shell. \. T(» prevent i-riiiseis from illticatiii" the dixers nr taking' undue advantajie of their work. \ i. To ad\ ise instaiill.x the custom house rcjiaidin^ any set loiis eiiso which ma\ occur, to w hich end they may occupy a small vt's.sel. w ith the necessary crew , drawn from the Meet. HnVi:i{IN(! Ai'TS. \\\.— rniolll,s. 4"J3 LM». \iiy friiiisjin'sslon :i;4jiiii,st iIk-sc icjiiilatioiis roiiimitfcd hy tlic (•niis( > sliiill Im- |Mllii>lir mC not less tli:lll liV)' (Im||;hs iiul' »'\ccct|iii«;' two lillliill'fil (lolhiis, CNfi'iil jn t:isfN of simi;;nliii;i, in wliirli ciix- tlic ciistonis rcjuuliitioiis slnill lie t-n- Itil't-nl. L'l. 'I'lic^r lilies sinill lio (Ifpositfil, iiinl li«'l. I»;irtuiriit ('rrciisiiry l)»'|»iiitnn'iit ) shall deride upon tlirir l<';;iility, to wliicii end liie i'li.slonis eolleeior sjiali in eaeii ease snimiit a report. 'I'laiisifory. All I'orei^oin^' i'e;>nIations are annulled. Mexieo, June J I, ISVt. HOVKKINI! A<"rS. GREAT BRITAIN. (9 tiiii II (nil. :i.-i. A n. i7:m.| An !irl for ilicli'limir\ illf^ pclsKilH wIkiIiuni' Imch i;llill> ut' mO'cIIscs riLIiliMsl tin- l:i\vs iiiiiili I'lii SI Tin iii;i llic ri'M'iiiii's III I'listitiiiH :iii«l o.\ris<-, and lor riilorciii;; lliiim! \:i\\> liil I III' llltliru. '«!(- XX 11. Ami he if fiirtlirr nnictnl Inj tin- ntithofUfi afnftsa'n}, That from aiieloii;iin;i to and on !»oard such ship or vessel, not exeeediiij; two <;alloiis tor eaeh seanieni shall be rouiie«'n within tlio limits of any port, and not proceediiiu on hervoya;:e, wind and weather in-rmittiii;; ^unless in j-ase of iinaMudabh^ necessity, and disti«'ss of weather, of which necessity and distress the master, purser, or other perscm ha\iii;;' or taUiii;;' the char;;t'(M' conimand of such ship or vessel shall ;iiv«' no|i«'e to, and make pr»»of of before the collect(»r or otlier i-liief olhcer of the customs (d' such port as aforesaid immediately after tho arrival of such ship or vessel int<» the s;,id port) ail such tea, forei<,'ii brandy, arrack, rum, stroiijL; wati'is, and spirits, tojit'ther w iththeclu'sts, i»oxes, and casks, and other packajic whatsoever, coiitaininj;' the same jioods, or the valin* thereof, shall be forfeited and lost (whether bulk shall then have been broken or not) and the same yoods and packajio .-liall and may be seized and prosecuted, or tlu^ value thereof sued for by au> oHicers of the customs or excise in such manner and form as hereinafter is expressed; any law, statute, or custom to the ccmtrary nothwithstandin^'. X X 1 1 1. .\ii(»nds. wares, six. liy iiny sliip. I^wit. <»r vessel wiiijilsoe\('r. Ite tilUeii ill lit sc;i. (»r pill ullt uT ;iii\ xlilp or xessel wliiil sot-A cr. vvilliiii I lie ilistiiiiee nl loiii leagues Ikhii aii\ ol" llif euasls of I lui-* kiii;i(lnm . \N lietlier t lie saiiii' i)e w il hill or wil iiniil the limits of aii.\ •>!' r|ii> pnri> tlierent) wilhuiit p.iyiiieiil oT t he t-iistniiis :iimI >«t liei- duties iIih' aiitl pa\ al»|e for the same iiiMess in ease «»!' appareii iiei-e^sity oi "vmu- ntliei' iawl'iil reason, ol uliich llie master or other i»ei<«oii haxiiiL: i|iari:e ot siieli sliip. vessel, or !»oal so taUiii^' iti ihe >anie -^hall ui^ iimiiediale lioliee to ami liiaUe piool l»et'ore tlieehiel' olUeitr or ojlieei - nl tlieeiis- loiiis of the lii>.l port of this Uiiiiidom u lieie lie -iiall arrive , >iieli ;l:oo(Is, wares, and iiieichandi/es shall l>e lorleited and lost, and tlie master or other person iiaviiiji' eliar.u<' of siieli ship. vesHi*!. or lioat s« tukiimy in the same and all s 11 eh persons w ho shall l>e aidiii;:. assistiii. or ni»M'ehaiidi/es shall lorfeit treble the value tliereof; aiiii»l the skips, boats, or Vessels into whieli the said uood-^. wares and iMri-eliaiidi/.es shall he unshipped ami taken in shall also Ite t'oitt-ited aiini lost, any ship, lioat, or vessel. >" to he forfeiteil and lost Hot exeeeddiiiij: the Imup- then of one hiindri'il tuns; and the master, purser, oi other petsnii taK- iiii; rliar.ue of sinh ship or \cssel out ol which siieh -o skall i>e taken (unless ill ease of siieh apparent iieeessitx or other lawful retiiNoti. \vli«'i-e- ot' iio;ir«' shall he uixi'ii 1»\ liiiii. and proof he made as afoiiHsanli shall also I'nrfeit tiehle the \ aliie ol llie ^oods >.. nii^liipped ■,i> altuesaid: wliieii forfeitures shall l>e divided and le. m red in siieh niuiinrti- uih is lieieiiiafter nieiil ioued. UNITED STATES. Sr,!'. L'TliW. The olli'-fUf-of the I e\ (line iiil Icrs >liall |■e^'peeti^ ely l»e deemed oIlM-et- <> t lo- inii«*t.oMis. and shall in- ^iiUhtI to i ho rlii»M' ion of swell eolh-ei-Mfk- I'Ni the re^>— Wiiie. or other ol1iet-is f liMi"»-*i»t. .i> Irtmi I line to t inie >hall ii'e (i.^-ii;nai ■ that |»iirpose. The\ >1kiI1 i^n m hoafT of Iheeoa-t -iri»MfMf. if hoMMH^ loi the I iiited Staler, and se:iireh and • am ine till -..line, iiiil 4'\r"t- imtf I hereof, and sli;ili demand, reeeixe .ind eeitify I lif imn! ««*-t~ i-uun'd to lie on hoard eei lain \('>>els. shall illix ami put pi'opH; i ~i' 11 the liatehes iuttti «»tlier eomiiiiuilearious with the holni *«i iii)i\ aiil shall leiiiniii mii hoard siieli \ e-«els until they arnxfjir i ■• oi *«4nee ol t hen destinali(Hi. Sr.c. L'SJiT. If at1*'T Tl»* arrfvai-wf aii\ ve«*»iel hii»i««n with imieiiaNwtiiise am! hound to ti«*- (nii'fiil ^r:iii. within ^lie linntsot aii,\ eollei < on di^liiel e whiili'xer, helore smeit \essel ha-> rome to the piii.i|M i' pi;iii-e tor tin dischai lit- mI' her earu<». oi some ](ait llieit'fit. anil has Umm there diil>v aiithori/ed hy the pri»)«er olliier of the eii>loms lo iiiil.Hle tm* samv. til»«* master ol siieh \ essi'l and the mate, m other person ne\t iii eoinmaiid. shall respeet i\ cly he liahle to a piiall Ite forfeited. e\< ept in ease of some iin- avoidalde aeeideiil. neeessity. or distress of weather. Ill ea^e id' siK h iinavoidahle aeeideiil. iieeessitv ol' distress the master of siieh \cssel shall ;iive iiotiee to. and. to^ietlwi with I w o or more ol the ollieers or muriiiers on hoard siudi sessel. ol whom the male or other per.^on iiexli in»\ i:i,'i\(i ACTS. 4(ir) in I'OMtiiiiiiiil >liiill Im' uiit'. .s|i:i]| inakf priiol' ii|i<)ii uiitli Im-Iuic ilircul- Iccliti. ii<'(I. or lic- I'nlT llif «MilkTl(tl'. n\ Mllici- rliicf njlirci' of the ro|lt' MK'fchandisc. so nnladcii fr<»iii on hoaid any sncli v('ss«*l. simll In- |Mit oi' itcoIxcmI into any otln-f vessel, except in the case of snch accide.l. ntM-essity. or disi r<'ss. to he so not i lied and |iro\('d. the MMSlei' o| any sncn \tssel into which tin- merciiandise shall l»e so put and recei\ ed. and cvrry oiIum' jxTson aidin*;' and assist in;; therein, shall lie liable to a pemiltx of treble the \alne of the mercliaiMlise, and the vessel in which they shall l»e so put shall be forfeiled. ST. HELEN'. ^CT. |.'.n Cmiv I M. C;ip. LM. mil A|.mI IMd. .AN \("l' fur ri'iiiiliilinn tlic liiliirinnsr witli tin- l.-sl.iinl uC >7. //. Vessel, or Uoal. Ships or Vessels or Uoats. (except Ships and N'essels ol and belonuiiii; to or chartered by the said Inited < oinpany of Merchants, ami also dniv licensed bv the said ( 'omi»aiiy for that r II r; lose, as hereinbefore mentioned.) from repairiiii; to. tradini;. or tonchin;,^ at the said Island, or having aii,\ * oiiiiniinication with the same: and to liiiHler and |irevent any l'ers6 FOI.'KICN STATUTKS. nr ill I'll It. to ;iiiy I'cr.soii or I't-rsoiis tlir Siil»i«'ft or Siiliji'cts of »r owiti^ Alh'yiaiKT to liis Majesty, his Ih'irsaiul Siircj'ssors. sliali n'|»aii' to or trailc or touch at the saiil Islaiul of Siiiiil llihno. or shall he IoiuhI hovt'iiii;^ within llij^lit l.rajjfiu's of ilu' Coast tlo^rrof. and shall not »!»• ]>art from the said Island or tht- <'oast thorcnf wIkmi ami so soon as the Mast«'i' or other rcrsini ha\ iiiu the ( 'har^ie and t ommaiid thereof shall he ordeicd so to do 1»,\ the (io\ eiiior or Lieutenant (lover nor of the said Island for the time lieiny-. or liy the Commandei' of His MaJ<'sty's Naval 01 Military i-'oice stationed at (»refiiled m tlie same manner as liei -inliet'ore en aet«'d as to Ships. N'essels or lioats ol' or helonnin^ to any Siihjeet or Sultjeets of His Majesty. ^ i QUARANTINE ACT OF 1825, (n (;.(.. I v.c.TH.Sr.s. '.', n, i». jTiii-iiiii.' wr-.l A\ ACT to vi'pt'id till' s<'Vfr;iI l,a\vs ii-hit iii^ t.t ilic i'l'i't'oniiMiKr (>r(jn:irniitint', iniil to iiiukr oilier I'lox isImiis ill Hell ilicrfot. 1 1. And he it enacted. That Irom and alt«'r tlie First Day iseaseor Distem- |>er hijihly dan;i('i'oiis to the Health of His .Majt'sty's Suhjects may lie l>roii^]it. and all N'osselsand l>oats reeeivinju; any IVrson. (loods. Wares and Merchandi/e. Packets. I'acka;:es. llaj:;:a{j;e.\VearinL; A pparel. Hooks, l/ctt'is. ol' a!i\ other Article whatsoeNcr. from or ont of aii.\ N'esscI so connno from or havin*'' t^nudied at such infec^ted IMai-e as aforesaid, whether such Peisons, ( loods. Wares and Mei«liandi/«'. Packets. I'aek a;^es, r>a;:oa;L;e. Wearing ApjKirel. iJooks, Letters, or other Articles, shall have come o!" heeii hroiioht in such N'essels, or surh I'evsou shall have "oiic. or .'•.< 'icles have he«'n juit on hoard the same, either hefoic or after the .\iiival of such \'ess«'ls at any Port or Place in the I'nited Kiii;;doiii, or the Islands ot (himisrif. Jirsrif, Aldiiiu!/. .sV/»7.-. or Man, and whether such N'essels were or were not hound to any Port or Place in the I iiited Kin;:doiii or the iNlaiids aforesaid, ami all Peisons. (loods. Waicsaiid Mcrchandi/.e, Packets, !'acka;;es, P.a;;};ay;e. Weariii;; .\pparel, itooks. Let teis, or any other Aiticle wliatsoe\ er on hoardotauyX'cssels socomiiiL; from or ha\ in;; toiicheil at such infected Place as aforesaid, or on hoaid of any such l{eceivin;i' Vessels, or IJoats as aforesaid, shall he and he (•oiisidcrcd to he Ijahle to (^)uaraiit ine within the Meaninji of this Act. and td" any Order or Orders which shall lie made i»y His Majesty. His Heirs and Surcessors, l»y and with tlii' Ad\ ice of His or Their Pii\.\ ( 'oiineil. coiicerniiio- (Quarantine and the Prexention ot' Infection, from the 'i'iitie of the Departure of such N'essels from such infected Place as aforesaid, or IVom the time when such Persons, (loods, Wares. Mer- «'haiidi/.t'. I'ackets. Packa;;es, lhi;;';;a;,'e. Wearin;;' Apparel, liooks. Let t«'is. or other Articles shall have hctMi received oii hoard resi>eu- lively. • • • llnVKHlXG ACTS. VIII, And !)«' it liirllicr ciiiH t((l. Tliiit cvciv ('niniiiiiiulci', Miist 41)7 ri\ or let' (itlicr IN'isoii li;i\iiiu Ilic ( 'Imi j;«' ol' any N'cs.scl liable t(» tlic Pcirunnai )|(Jiiaiaiitiii('. ^llall Itc aiil a Si^Mal to denote lliat liis Ves- sel is lialile to tlie I'erlorir.aiiee of (^)iiaraiit inc. wliieli Sij^ral shall in tlie Day Time, if tlie said X'essel shall have a clean Hill of Health, a lar-^e Y«'i!ow l-'la^of Six r.r«'adtlisol' lliintin^ at (lie .Maintop Masthead: and it Nneii N'essel shall not liaxca Clean ISilioi Health, then a like Yellow Flajn' with a circular Mark or Uall entirely Ulack in Ihe Middle thereof, whose hianietei' shall he e»inal to Two lireadt lis ol riiiiiiim: ; and in the Niuht Time the Si.m al shall in Itoth Cases lie a hiv^v Signal Lanthorn with a l.iiiht therein (sncli as is conn only nscd on hoard His Majesty's Ships III \\ ai), al the sann- Ma^thead; and such Comma ndei'. Master, or other I'crson shall keep sncli Si^^nals respect i\<'ly. as the Case shall lie. Iioisleil diirin.u sinh Time as the said N'cssel shall continin' w it hiii Siiiht of such other \Cssel. or w it liin Tw i I.eaunes of the said Coasts or Ishnnls. and w hile so in Siylit, or within such I Msiance, nnt il sneli X'essel so liaiilc to (ihmrantine as aioicsaid shall lia\t arri\((l at the Port or I'lace w lier«' it is to perfe! m r>uarantire, and nntilit shall have iicen le^allsdis- chaiycd IVoni llie Perfnrman* «• thereof: on Failnie whereof sncli Com- mar der. Master, or ot her Person having ( harj^c of sncii Sliiji or N'cssel so liaMe to the Performance o|(j>naranl ine shall for lei! and pay lor every sm-h OlVense the Sum of One hnndicd Pounds. I\. .\nd lie it furl her enacted. That e\ cry Commander. Master, or other Person havinj; the Cliar;;e of an\ N'cssel on lioaid whereofthe P la. line or other infections Disease or Distemper highly danjicrons to the Icalth of lis M: ijesty's Snlijecls siiall actually he, sli 111! oe. ami IS hereity re(|nired at all Times when smli N'esscl shall meet willi any other S'essel at S<'a. oi shall lie within 'i'wo licajiiiesof the coast of the Ciiitcd Kingdom, or the Islands of (liiiriisiii. -hr.sri/. Ahlrniri/, Siirh. or Midi, to in list a Signal to denote t hat his N'esscl lias the plague or other infections Disease or i>istemper lii;L;hly dan.i;erons to the Health of ili> Majesty's Snlijecls aetuall\ oil hoard theK'of. which Sif>nal shall he in the Day Time a i'la;; of \ellow and IMack. Iiornc <^»naiterl\ . isi em per as a tore- said on hoard thereof shall ( tiniie witliin Si^lit of si;ch other \ fss«'|, or w it hill Two !.ea;;nesoltlic< 'oast or Islands aforesaid, while so in Si;: lit or within smh jJistaiice. until such \ essel so haviii;: the i'lauiie or sncli other iiifectioiis Disease . lloU. SF.CK'ETAIJV of TIIK TWHASIRV, Wdshiiif/ton. />. r. ; r« , '"^ ,' ,..--- cxiiiniiicd tlic idnkrrics ("iK'tuIlN i'rom tin' vt'sscl mikI lumi ilic slioic. To tlic l)cst (tf my hclict' tlin** wnc not oin'-foiutli jiart f !.^7r-iu...'.^K-r'' iiMiiiiiiv stMlstlM'n' liist v<':ii iiswlicn I liisl visilt-d tin- isliiiuls 111 lS(;!t «iul 1S7(». Ilml tlic liir si'iils liolli in Ucrin^ Scii :iih1 tin* I'iitilic Oioiiti iil'«' bt'coniin;;- less ('ii<'!i vciir tlinv ran !m' no doubt, ;iiiil unless tin- iii(lisciiiiiiii;itr slimjilitci' is stojtjK'd, tlH',\ will soon ln'foiiic extinct in the waters nanieil. 4U8 mm wm mmtai^ C. L. irooi'HI}, CAl'TAIN, 11. S. li. M. 49!) Slllllifllirr ill I'aritlu Ofrilll. Sciiliiii; (ilV Calil'dr- iiiii ciiusl. W'lisll' iil'lirr. Ill this ('niiiu'ctiini I wish to statoi tliiit in my .iii0. Victor II i. i-.ii>'ii I- 1 If l.ai'ui' I'iitrli ill I'll- .lacolisoii, master ot the iSritish scaliiij^' schooner Mnrif .mi,. /v7/rH, one of tlu' oldest sealers oat of X'ictoria, w ho "'"// /'"-/i. funiislied me with this t'stiim' <■, de«'Iar«'d it as his belief, based upon what he kiu'w about sealinj;, tliat (iie ."i(l.(M»(» seals taken represent a loss of over l(M>.(KH( seals on accoiiiit at' the killing;' of iiniiorn yoiin^, and the loss by sinkin.!^' and woiindin;; past recovery. 'I'lu^ .\mericaii sealers have proiialily been eipially de- structive, 'i'his destriictioii is increasinjn' yearly, not only in tin' ratio of the increase in the number of v»'ssels, but iiy riasoii of the increased experience and kmtwledj'c of the habits of the seal l»y the hunters, ami each vessel is aiilc to take more seals than formerly, not withstandin^i' the fact that seals are iiccomiiiji' less each year. The route of tlie fur seal after it tirst appears ollthe coast of ( 'alifornia in .lannary is wcli known; all their feeiiin;; places ari' know n and carefully watched; indeed, tlie entire ronte of travel is carefully watched and patrolled every da\ that tlie condition of wind and vvaves will permit, iionu practice has made tin' eyesij^ht of the linnler keen, ami his know ledye of the habits ..f the fur seal per- fect. If but one seal attempted to follow the route usually taken by tlu' seal herds, I doubt it it coiihl escape capture, so tlmroujjh is the watch that is kept for lliem. Intil recently liie old imils that iiilialiit the breeding' rookeries liave not iu'cii killed by the hunters, as the skin is of no value; now. howexer, a iisi- has been loiiml for the old iuill. its skin biin;^s the same juice as any other, ami it is beinj; hunted ami killed with the rest. They are found in larji'c iiiimlicrs otl' Vakiitat and the vicinity of Middletim Island. The Ameriean schooner Jlintji Ihinii.s, previniid\ repinted liy me as lakiii i^old male seals of Vakutat, arrived at this place a few days since with over l.doo skins, haviii-' taken al»out l. iiinsi be pvolecti-d in the TaciUc Ociau also, m the day of the fur seal is numbered. I'llll'l tlll!l III I'll- lilir Ol IMII llrciMWry :■*■■' yifn oOO ori'icr • I. K'r.i'oiM's. ft '! J . ' -1 'Plir scaliiiji' on 1 hv vty,\s\ of ( 'aliliiiniii ;iii(l ( )i('i;ttii is (Iniic l»y sclionncrs . , iiiiiniH'd hv wliitf men iiiitl Miniu'ilv lifted lor iriiiiiin iii;i iit st':i Ml :ill wcallicis. Miiiiy of tlicsc scIh»miici> }ll'«' J)iirt oltliv nt'liiii; Sc;i licet, 'I'liere iippeiMs to lie iin lixed liite n\ nini|M'iisjiti(m liti' tlie crews oftliesc vessels. e;itli owner ncikes liisown luirjiiiin. Tile Imnteis ure piiid l»y flie skin. The niiister. iis a rnle. is l»;iid by tlie month iit ^^I't or •"i'lon. ;ilthou,yh sonn- iceeive n shiire of tlie j'iiti'ii. Miiny of the liir.u'er xcssels carry two mates, wiio recei\«' "<(;(( and •"?!'» per month. respecliNcly. Tiie cook iecei\es >«.'">0 or •"!<(•(>. accord in;;' t<) tlie size of t he vessel ; the hunters receiviiiii from .*,■».."»(► to 'r' I l»er skin this year. The boats" crews, called boat pnllers and Itoal stccieis recei\e 'f'J't to <\{) per month. or L'."> cents perskin, and ^l.'t per niimtli. or (10 cents perskin witleiiit monthly pay. The vessel fnrnislies food, aiid.it is said, feed the e.eii fairly well. The hunters live in the ealiin with the master. Tlieii duty consists cut irely in shoot iiii; seals. They have nothinii tt the centei lM»aid. and xi-ry lew boats aie lilted that way. Il is claimed that tli** cciiterboard makes a noise, and in approacliini: a ^. ^ slccpiiiji- seal silence is of the lirst importance. A boat's crew consist soft luce nil '11. I he hunter wlio stands forward, the boat puller w ho sits amidships and pnlls. and the boat steerei who stands or sits neai the stern of the boat faciii;^' forward and pushes and steers the boat with the sculls at the same time, a^ ^ directed by the hunter by word or si;:ii. I''acli boat is furnished with two shotuuns. and many in addition carry a Winchester rille. Only the best breech loadiiii; shotguns are used. 'I'he lit i;au.u<' hainiiieiless Talker is a fa\orite. 'I'lic char^'c is 4 to ."» drams of powder and L'l No. 1* or L'S No. :\ buckshot in brass shells, paper shells beiim kept in the boat iibsorb moistiiiu', swell up, and will not enter the u'liii. In ^tttiiii; our sealing; out lit in San T'laiicisco 1 bteiii. which in moderate weather and when seals arc Ileal the vessel is used by the master. In weather ' '"^ suitable for sealin;;. all boats are lowered about (I a. iii.. to^i\e them an oppoilunily to separate and ;;et well away from the \esscl before the seals be;;in to sleep. If tlieii' is a bree/e, sail is made at once: if not, oars are used, the rowers bending to their oars w itii a will, u hile the II II liter stands erect in the bow of the liny craft, his uu" in hand, scanning the sea earefulh in eveiv direction, ^ |n.iis.,i.„i..:... kill ,,,.„j „|^,,,| (he destructi'Hi of any seal that' fate iniiiht throw in his way. whet hei old. yoiiim. male, or feimilc. it matters not to the hunter, he is [laid so many dollars for a seal skin, C. L. IIOOI'KK, CAITAIN, U. S. I{. M. AOl iinil nil cniiiit. II|MHi l(';i\iii;i' flic vessel the Itniits iilwiiys work to wiiid- \v;iioafs having I »een lost i-ntirely. Sealin;^' l»oats seldom leave the vessel witliont a snpply of food and water snilieieni for a day or two. They are also fitted with a compass. Travelin.i; oi- playin;; sea's are shot at and occasionally seen red, 1 tut a larjue nmjoiitv of seals taken are killed , , , , wliMe asleep. Seals sleep in file daythiie and in j^ood weather only. The time of day f hey jl;(» to sleep depends upon the state of the weather and comlit ion of the sea then and in the immediate |tast. If they lia\e l>een kept awake hy i)ad weather they <{(» to sleep earlier than they do in a loii^^' spell oi ;;ood weatiier. (ieiierally on a moderate day they :ire I'oiind sleepini; if found at all from !) to 1 1 o'clock in the forenoon, and until '» or (* o'clock in tlie afternoon, and some- times later. .M'ter tliey iire awake if the weather is particularly line, they remain rolling; and pla.vin^ on the water, and are not dilliciilt t<» kill if (t|»proaclied very caiitioiisly. Itiit llie_\ are exceedingly wary, citi' -r sleepiii:; ^)\■ wakiii*;', and ^reat skill and <-aiitioii is re(|iiired to secure them. Tlie seal lies upon his hack while sleepinj'. w itli his nose out of watei-. liis llippers folded or slightly raised, and ids head to leeward; his mus- cles are apparent l,\ ndaxed. and his head sw iiiiis Ikuii side to side with each undulation of the wa\es. NN'hether he keeps his head to Ici'ward of his liody from choice, or his head heiii.u tin* only part <'\posed he as- Slimes that position in oliedieiice to the actitm of the w iiid. I am nnalile to stale. I am assured 1»,\ all h miters that such is tlie fact, and tiiat w hen sleepiii;:' dniiii.L; li.iilit Itatlliiij;" airs the seal clian,L;cs his position with each change of the wind, no matter how slight, iind witliont showiii;;' anv signs of con^ions a<'tion. .Vs stated, the boat aj>- proaclns the ^.,1 from the leeward side, rowiii--- up to ,,,,^[;"""' "'' '"''"'- him assileiitl.N as possihle. With a liylit luee/e blow - \u to L'O yards and shoots the seal in the side tit' the head as it is moved from side to side In the acti(»!i of the sea. and easily kills it. Tiie boat bciiij;- so near the soal ainl head to, and the men all ready to " {jfive way," only a few seconds of time are r(M|uired to j^ct the seal into the boat, ami but few are lost. Hut t hi' t'onditions are not always so favoralde. Tin- seal is a \ cry liylit slee|H'.rat best andawakesat thoslijilitestsoiind, and dm iiiii a Ion*: coiilimied sjiell of line weallier. it bci-omcs exccedinjily wakeful, an.l it is with dilliiiilty that it is appmached near eiioii>:li to kill. As a liUMter is tryinji' to ^-et within shoot in-i distance, if the sleep- in;; sei.I sIkuvn si^nsof wakiii:.;. he does not hesitate to shoot because he ma.. possii>I.\ luiss it or Imi aiise the seal is so far awa\ that if killed it may sink beline the lioat can reach it: he jiives himself the benelit of tlie doultt. and shoots w liene\er in his mind there is a possibilit.\- of killiii<;. no matter how i-- mote the possiiiility may l»c. An accidental shot may kill tk<^ sea,! a*rd brinj; to the hunter * t. "A seal has no value mil il he is capi i red" is a coniiiion sayinj;' ainoug tlu' sealers. .V lui.ss eo.sis the huulei notliin;;'. T: |^%i •''.£- if|^^- ")02 ori'H'iAi. ur.i'iUM's. lit'' ■1 !■ « > ■ ' ■ Ill- ■ -if. N«'illM'r (l<» tlicy cimliiH' llu'inscKcs to slKKttiii;^" iit slo-piii;;' snils, liiit sliM(»t ill r\ ri\ lliiiiu tliiit rallies witliiii possiltlc riiiim'. \V; >i III' ;|Ih1 rt'liiiiili ill>ii\t' Wiilri' Ion;;- clioii;;!! for t lie liiiillcr to jict liis j;im to liis sliuiiltlcr. If tlir disliuirt' is too •;rc;it lor tin- slmt- ;iiiii llic lillr is siil>slitiil('(l. 'I'lic rliiiiUTs of missiii';- I'litin-I.v or only \\omHliii.u ii sciil iiirr«'iisc with tlic iiicrciiscd distiiiuM'. and if Killed tlir fliaiircs of t lie seal sinkiii<: hcforc it r:iii Itr r(>iirlM'd liy tlic l>o:it idy sinkiii;;' (»f seals shot while sh'i'pin;;' is eoin|>arati\e|y small, the lost hy sinkiii;; and wonntliii;;- past ri'eovery of seals slmt at ill the water under all eonditions is coiisideralile. The estimated per reiita;;<' of loss of seals in this wa\-, as shown l>y the av«'rajj;e of the atli- da\ its of sealers, both white and Indian, is alioiil ."JT/, per cent. The aetiial peiceiita.m' of loss liy us hy sinking; and woiiiidiii;: o|" seals siint was l<» per tent. The estimated loss as show ii liy the allidavits o| ihe sealers \aiy jii'eafly. staiie elaimin.u little or no |(»ss and ton sealing;' In'uiiis in March and iscar- ricd on in small schooners manned !>y Indians. Tliey hunt in canoes, each canoe confainiii'; two men. They are propelled l»y sail and paeriii]U' Sea. The schooner LoUn, of alioiit oO tons, owned and commanded liy an In- dian crew, hasheeii I hree se;i>oiis in lleriii;;" Sea ; >he carried six «aiioes, ami made a ^oi id catch each lime. Many of the Neah Hay Indians are in uodd ciicnmstaiiees, tlie result of siiceessfnl seal hnntiiiii. Two of the Indian hnnters taken on l»oard the Ctinviii at Neah Kay, Kla- liosli and his son Schuyler ('olfax. while at Sitka liar- ;;aiiied for the schooner Htlirl, sei/.t'd i»y this \ «'ssel in lieiiiii: Sea last year, now owned at Sitka and named the ('hint. She is In l»edeli\ered to them on l'n;;«'l Sound at the end of the present sealin.y season on the coast for the sum of >*~'»iK hater in the season the Indians at (^>iiillehnte and Neah I'.ay j:o out from Ihe land sealing in their canoes; also from the hailiors on the south ami west coast of Vancouver. The Nsinconver Indians ji<> Ethrl. rl.ini IikI I. Ill ^iMlIM^ out somewhat earlier than the others, for the ic;i-:oii that the seals come nearer the coast, and are not compelled to venture so tar from shore in llu' treacherons weather of early sprinj;'. Two men constiliile a crew for a \'aiicoii\ er Island or Cape l-'latlery canoe. They Bchloin remain out over uiylit. The<,|ncllehnlecanue.scarry thiiic nu'ii, C. I.. iiooi-Ki;, CAI'TAIX, ir. s. k. m. /)();$ illlil oil iU-C(»llllt or tln' tinicli ;;r»';ilrr (lisl;iiirr tlicy iirc coilllM-lliMl to <;o to Hiid sciil ill*' «)rt«'n \iv\tt out ovfi iii;;lit. Mmi.v ol" (ln' N'iiiicoiivrr Ishinil linliiins iiic tnkcn out ;is scnliii;; crew s on llu' N'irtoriii sriiliiij; scliuoiifi s, 'I'lie scliooiicr A'imwV 0/,st», lioiirdcd Itv lis Miiv l-». Iiiul ii crew foiisistiii;:' of \';iiici»iiv<'i' lil.liiMIS. Kiirll cillio." n-.rivrs Ml', |„,- ,.|mIi skin t;ilv.-M ''■'""'"' '""• by licr, or Al.."»(l per maii. iiml :i lionnty ol '*'S> :i «;iiinc lor the scnsoii. Tlic «'lii('r or licixl iiiilli rcci'ivrs AlL'O for oiiuiiiiiiii; the ciinocs. Owiiiii to tlif latrr ;iiTiviil of .s|Min«; and |ilr;isaiit svcatlM-r faitln'r iH)rtli.llu' sraliii^i season there In'^ins la lei'. At Sitka they made the liist sealin*;' trips in eaiioes altont .Ma.\ 1. On aeeoiint ot' the niieertainty of the woatlnT they dared not venture out «'ailier. We saw imineions seals oil' tlie I'lilraiiee to Sitka Soniid early in April, and so reported to the Indiiiiissit Sitka, imf even this was not enoM,:4li to tempt them out- side until the arrival of settled Weather. At llooniah altoiit the mid- dle of April we were t(dd that linnters were ^ l al'tei' hair seal and hsh for use on a seal and sea otter limit in<; trip u hieli they proposed toiin- dertiike some weeks later. On our arriviil iit <'apes (Miaeon ami Mil /on. on the north side of !)i\- 1 lllli;lll Hi ;lll Miiiijlii on's I'lntraiiev alioiit May II. we found lar:.:)- iiiiml)er: of Indian s<'al linnters from Narioiis parts of Alaska, and from British ('oliimliia and (^>iii-eii Charlotte Island eiieamped waitiii;:' lor moderate weather to heyin sealinji-. They arrived on tlu^ ;:roiiiid alxMit May I. and said they would return tit their home some- time in .lime, as the seal would then lie ^oiie. Miit three seals had Iteen taken at ('a|ie Chaeoii. and two at <'a]M- Mii/on. .\ (M'ew for a hunting' eanoe at ('ape ('liaeoii eoiisists of four men. The Cape Mn/uii r>ay musket, a sin<;le liarreled muzzle loader of lar^c l)ore. instead of thi^ line double barreled breechloader in use by the while linnters and the Neah ISay and other Indians. In re^^ard to the mi^^ration of the seal, from all I have learned I am of the opinion that the seals upon leaving the I'ribilof Islands, make their way to the coast of (California and Ore^dn in niiicli less time than is jiciierally supposed. The females and yoniiin leave first, commeiicinii' in October. The yoiinyfr males jnilow, and, I am ciHiviiiced. join and remain w itii the !'-iiiali's until tlie\ return to the islands, altlioii;;h it appears that tiiey do not haul out at the same time as the females. We loiiiid the females, yearliiius. and Iwoyear- olds ol both sexes together at all times. I lia\c been t(»ld l>\ seal hun- ters that it is no iinnsiial thin;; to lind a \(>iin.u' male kee|)iii^ watch near a s;eepinf>: female: that when iait two seals are seen toiicllier one is a yoiiii;;- male and one a female, and that, if either, it is the female that is asleep. It is well known that many seals, especially males, remain on the islands well into the winter. .\ccordiii,u- to the statement ot n hiinter who was(»ii b(»ard at the time. the IJritisli schooner llitrr- alls, Hansen, master, raided Southwest rookery on St. Paul Island on the niylit of No\emi»er L'7. 1S!I1. and to(»k ISO seals, which would indicate that at that time seals were still plentibil on the island. 1 visited the I'ribilof Islands about January L'.'J, ISSd, in «'oinmaiid of the revenue steamer Bmli, and was tohl that a'MUive" had been made 7(l*, I SMI. ..t i 504 OKFICIAIi UKI'ni.'TS. I.V y !1 i,tA Jib III- Sfiiliiii: III! iiiiisl. tln' diiy previous to our ill riv;il iiinl 1,000 simIs killrd. (^>iiitf ii liir^iv iiuinl)*'!' (if sciils wvvv oil the rookriii's iit tliiit tiiiii- — :ill iimlrs i Wiis told. \V«' siiilrd on tliiit niiisr .liiiiuiiry L* \ in riiy;»'i Soiintl iiliniii .liUiiiiiiy !>. |)uriii;; thr piissiij;*' iVoiii Piiurt SoimmI to liiiiiink l'iis>. al't«'r cIcaiiiijLi iIm' laiid wr saw fur srals lu-arlx t'Vi'iy tiay. 'I'licsc wcic ]irol)ably soiii«> of tlit* last to leave the islaiMls, and were on tlicir \\:\\ to the Aiiieriean eoast in stsirrli of food and a milder climate, 'riiosc whieli left earlier were already iipon tin- eoast. As shown l>y the alii da\itsof IIh' scalrrs, they l»r;iiii to take seals on tlif roast of ralifoinia in .lannary. The climate and fooil sii|)|ily iindonbtedly control the migration of the seals as they do other animals. The old males lieiii;; liardier and stron;:er can withstand tlie climate and secure food under conditions that would l>e niieiidiiralile for females and yoiinj^'. Male seals remain u|)on and around theislainis until the ice a|>pears. Tln' natixes say thecodlish also disappears with tluHirst appearance of ice. Many of these males. I ltelie\e. remain upon the lishiii;; Itaiiks in IJerinji Sea «liirin}; the rest of the winter Some of them u*) to the banks outside (tf the Aieiitiaii eliain, and others to the hanks farther east. (Mil hulls ar»' raiely seen soutlu)!" Cross Sou ml. while we found tlieiii l»leiitiful and apparently in piMcefiil possession of a liberal supply nl red rock lishal»ont 7."» miles olV Vakutat. .\s the cold weather approaches, the females and Ndiiii;; lea\e lleriiin' Sea, ami alioiit two months later ap|>ear oil' the Ameii can coast, where they lind a <;-eiiial climate and an abundance of food. Tiiey appeal' (Ui the i-oast of < 'alifoinia and Oih'uiim simultaneously with the smelt and herrin;;. As I previously leporled. we learnei'\ ations and liic testimony of the Imlians .sen Is are most plentiful, we found the bays tilleA(iic si:alin(;. Tnitku Statk.s Kevkm'k Sti;amkw ComviN, Sitka, Ala.sl:a, Mai/ I, ls!t:,\ Capt.C. L. IIooi'EU, r. S. 1{. M., Connnandinff : Siu: I herewith respectfully oti'er the following; notes relative to |)e la^ic st'alin;^- derived from (d»ser\atioii and personal experience. In <»be(liene«' to yiair orch-rs I accompanied tw<) Neah IJay Indians, Cliad and Wilton bv name, Mav 1st and 2d, otf Sitka iiMiiilns.'"''"'" "'"' «<>ond, \o hunt seal.' Thecaiioe we used is of the Neali Hay type, Indlowed out (»f white cedar, '21 fe«'t loiiti', ."JA feet beam, and 20 inches deep, braeed by thwarts .seemed to the sides Ex|Mriiiirc. «: ^ < fc.. IMAGE EVALUATION TEST TARGET (MT-S) 1.0 1^ 12^ 1^ 12.2 -|i4 I I.I 1^-^ IIIIM 1.8 1.25 1.4 1 A =^^= — ^^= ^ 6" ► V] .V 7 Photographic Sdencas Corporation 23 W»:$T MAIN STRUT WiBSTIR.N.Y. 14580 (yi6) 872-4S03 ^ HH '1 ■ ; IVEAH BAY SEALim CANOE. THWAKTi ^-^ IHtVAKT CONTAINING, HOLL FOR MAST. S* FCtT LONG. jr£ET6IN n/ioe. SPEAR. ,•'.;.,!/ ,1 ■" 1 i'f ',-..' K ;i' 1 ;;V.;| ■' HANDLE. Length of spear, 12 feet. " " handle, 6 inches. " " Lung prnnii, 2 feet 6 inches. " " Spear head, 6 inchee. " " Total, 15 feet 6 inches. " " Line, 12 fathoms. Diameter of spear, 2 inches. SECOND LIKUT. J. II. (ilUNAN, U. S. R. M. 505 by cotliir twiji's, tlu' stern lisinji iibniptly 10 iiiclics ami stt'in ]»roje<'t(Ml I'oiwiird and risinji' ji'iiuliially to U feet above tlu' j^'iuiwalc, the latter tcriiiinatiiijn' in i. fijitiiciu'ad, wliicli, with theloiiji' jirow, resembles s«niie t'iiiKJi'ul aiiiiiia', not nnlike a giratle. In this head is cut a notch, on wliicli the spear rests \vhe)i leady lor use. A lille, sjiotjiiin, spear and line, mast and sail, two paddh'S, a pair of oars, gall" pole, sliort <'liib, a ])risiiiati(' shaped wooden bailer, and a box of ammunition and br<'ad coiiipleted the oullit. Alter leaving' the ship, the Indians, one sitting in the stern with his paddle, and tlie other in the bow with his oars ])iilU'd to windward, this being invariably the rnh', as it is in this direc- tion the seal must hv approached. We had i)nlled several miles with- out seeing anything, when suddenly the steersman gave the canoe a sli;d yanls of it the after paddle alone was used, and the bdwinan stooily reaosition a seals sleeps soundly. When its head c«'ases to move, it is an indication that it is waking n|), and this is the time to shoot. The canoe this tinu' ai»])roached from a point neaily at right angles to tlie wind, so as to get a good shot. The most vulnerable placi' is in the neck just l>ack of the head. One of the three was instantly killed, another shot and kilh'd alter diving ami re api)eariiig, and the third escaped. The first one was allowed to tloat until the second was secured, <»ccnpying' a space of about twenty secomls. The tiim^ it re(|uires a seal to sink depends upon the character of the seal and the i)lace in which it is shot. Some sink in- „,, , , stantly, while others float for two or three minutes, and ])ossihly longer. (ii'avi! C-:J 506 OFFICIAL REl'ORTS. Wml- rn=h? ■i, . 1 m merely lie on the surface ami lazily roll over and over; lienee tlie term *' roller." After .securiiijj our third ^eal we set the sail, which consists of a sj)rit sailbent to a mast which can be «'asily stcjux'd ami unste])i)e yards of a sleeper. Sometimes the hunters can almost toucii tJH'in with the spear. Out of sixteen seals which we sa\v, twelve were asleep, and four playinji. We killed and captured three, all of which were cows, ^, . , wo 8ii(iti!iin used. ,, i^i-i-ii li. 1 ^ shotfiun was used ex«'lusively in all cases but one, when the ritle wasusedat lonj; range. The Indian hunter.Wilton, who did tlu^ ehootinsi, is consideicd a good shot, and this is about " '^ the ])ercentagc, he tells me, which he usually gets. The Indians are more expert with the spear and seldom miss with that weap(Ui. They use it, however, only on sh'ci»er8. They were very anxious to use tin' sjjear instiad of the gun, but 1 wtuild not allow them, in accordance with your instructions, since white hunters use the gnu exclusively, and it was desiicd to learn what percentage of those shot escaped and are lost by sinking. For the infoimation »>f those who (h> not know 1 will describe the sjH'ar and manner of using it. 1 refer you to the draw- shears"*'"^ '^**'' ^"*^* The spear is made of wood and consists of four parts, viz, (a) made of fir, 12 feet long, 1 inch in diame- ter, handle (b) and two prongs (c) ami (c") nnule of the branches of crab ai)ide, one 30 inches, and the otner 1.") inches in length. Over the ends of these prt)ng8 tit spearhcaperm<»st, so that in case it misses its prey the shorter will do its cruel work. As soon as a seal is striuk the spear detacln's itself from the line and spearhcalf out and is dragged to the caiio*' to be clubbed to death. If it be of a larger ^, .. growth, an ohl bull, for instance, and show light, it is necessary to shoot hnn before he <'an be captured. On one otu-asion an old bull, in his terrible fury, bit a small piece out of the side of the canoe. **:■ LEVI W. MYEIJS, TT. S. CONSUL AT VICTORIA, B. C. 507 Tlio IiMliiius do not liko to resort to thci }j,uii unl<'ss absolutely lu'ces- Siirvi as lirinjjf frif'litens otlior seal wliicih may liai)i)eu to be in the vicinity. I inclose lonn'Ii (lra\vinj;s showing eauoe, with mast and sail, paddle, thwarts, spear, and line. Very respecttiilly, Johnstone TT. Qijinan, Sntond Lieutenant, United States Kevennc Marine. Subscribed and sworn to on this .")tli day of May, liS!>2. A. W. Lavender, United States Treasury Agent. REPORT OF LEVI W. MYERS, UNITED STATES CONSUL AT VIC- TORIA, BRITISH COLUMBIA. CANADIAN 1'ELACtK! SEALING INDUSTRY. No. ITid.] Consulate of the Unitki) States, Vietoria, liritisli Cohnnlfia, April:*!), 1S92. lion. William F. Wharton, Assistant Serretari/ of State, WaxhitHjtmi, I). C: Sir: In obedien<'e to your instruction No. '»l, 1 have ])rei)ared a re- port showing tiu' extent of the (Jainulian industry engaged in pelagic scaling during the season of 1801. It includes the , .' i., t t, ■ i. 1 ,. ■ isiiiiimiiry of ri'iM)rt. names ot the vessels, their tonnage, number oi men in the crews, white and Indian, and the value of the vessels as nearly as couM be estimated by experts, two of whom (crtify to the fairness of the estimates, and whose ceitificates are attached and made a part of the report. These experts, I may say, are both past middle life and have been actively engaged in vessel building for more than a quarter of a century. Tliey are fair, impartial mechanics, wiio have uo special in- ter«'st either in under or over-valuation, and I regard their judgment as fair and reasonable. Mr. Stevens, espec" illy, is often employed by the Government in examining and iep(uting on vessels an«l is regarded an authoritv. One exi>crt consulted i)laced th«' value of the Hcet of ISIH at less than •"? 1 7(>,()(M>, saying several « Jiii'^Voet*'""''*''"" of the vessels were so old that tln'y were hardly worth anythingbeycMul what their tacideecmld be sold for, but I did not think best to (umfuse tlu' report with two valuations. In order to get theJudgnuMit of exi)erts, I consulted Samuel Turpel, tlu» proi)rietoi' of Turpel's Ways, but he at oiuic said he could imt cer- tify to any list of valuations, foi- the reas(m that he built ami repaired scliooners, and that any valuation within reason, that could be nuide, would be sui'c to give otVense to some one, and that he did not want to do tliat. He hastily glanced over the list I showed him and reported to tile seah'rs that I was phu'ing prices too low, saying I had valued the Mai/ llvUe at !{< 1,(K)(», while the price I give in the report is i$r),5()0. No otiier of my estimates ai'e known, nor is it known for what purpose I sought \alu«'sat all, yet I learn that today the sealers are getting up a protest against ujy estimates, although they do not know what tlicy are. and that it is to be sent to Ottawa. Wlicn Turpel gave his statenu-nt to the press yesterday, two report- ers came to my ollice, and caricatuie«l what was said in a short eonver- Ij- ».^ 508 OFFICIAL K'Kl'OKTS. sation, in the Daily News of this inoniiiiji', which 1 make Exhibit A* ol this dispatch. The exceeditij;- s^'iisitivencssof th»' sealinji' interest <'iiii hardly he appreciated by one who has not tonchcd it. W*' have been cautious and i)rudent in all (mr niovenu'uts an. ('..• In order to show the extent and value of the Paeitic Ocean and Ber- ing sea fur-scaliufi' industry, rei)resented at Victoria, and in the Prov ince of IJritish Colundna, I have prepared three tables of facts and statistii's. These tables have been i)repared with j«reat <*are, and wherever it was possible arc bast'd on oflicial information obtained at the custom-house in Victoria. They are as nt'arly accurate as they cpu be nuide. The first gives the names of the Uritish vessels that cleared from this ,. ,, i)ort, and fiMir others clearing from the i»ort of Vaui'ou- (oiitcnts lit tillilcH. * -ii ii • i 1 mi i i i i ver, with tlu'ir tonnage and ciews. The second table gives the name of each vessel and the "Coast," "Sand Point," " IJering Sea," and "total" catch of seals of each for the year ISIU. The third table gives the names of vessels, their age, where built, and their esti- nuited value. *NoTK. — It hiiH not iM't'H (lecmtMl iicccssiiry to print tho i'xliil)it above refcnod to, it Iti'ini; nu'iely a criticism iu tho Victoria Duily AVhk, of April 2'J, 18'J2, of tlio CuU8Ul. LKVI W. MYKIJS, IT. S. TONSI'L AT VICTORIA, 1$. C. 500 Tuhlv of rrnHflu, foiiiKujc, lii« Ocean r.cllt> Kathariii.' Annie <'. Miicire. . .. Moiinlain CliieC. . . . W. V. Sa.vwanl Saii|iliiie . nnie E. 1'.. Marvin TereNa Martha Ariel IMoneer Man ICllen Man 'I'avliir ViviV....' KiiNie Olse'i AVanilerer Kale Sliani selicicpin'i' 'I'liistle Sclioiplier l''i ill SI (tain SrIiiKii Waller I,. Hieli (/'. II. 'riiliper Osear anil llallie . . (Jarliitia (i. Ciix (ieneva I.etitia Unilirina Sierra Ma.v lielle WinnilVeil Labrailor Mamie S Linira lleiiriella Itnrealis Ainiikii Annie K. I'ainI Mailer A. Karle... (Mill selidciner Kli/.a KilwanI ler Vanioiiver I'elle . . . ('. I>. Kami lieatriee (Vaneiinvei Total iiinna;!e. IiiilianM. IH WlillcM. ToIhI. 4« 4 >»** .40 IK f) 2:1 7(1 2:1 2:1 117 '.'C> r. 2.'i !)H 2:1 lit 5 '';i Tm) 1!) till •JO 2". 41 L'O 4 24 7(1 'JO 2:1 20 !l!t 211 H\ 2:1 23 H-1 •JO r. 25 lt:i 2:1 2;i **:! h *» 14 til •>•) r. 27 IL'4 •2H (i ;i4 4(1 •JO 5 25 117 24 24 (i:i 2:. 25 \2 5 till •J4 K :!2 lit! 2;t 2;t «:! •J4 8 ;i2 4:1 IK 2;i IK '.rj •j:! :i!) ■JO 4 11) 'iS 'J4 5 •JO 147 27 27 H(l •J4 ;i(i 7(1 •I'l •22 •I'.l 24 24 H\ •J() t( :i2 7(i 20 'Si 'JO !)■-' 2:t •JH II 11 IIH 2:1 2:t *jj IJ *> 14 ."iS 21 21 i:t K 10 24 4 K U.'i 10 !I7 24 111 I'J It! :ii I'J 4 Hi :t7 IK 5 •j;i V> T2 G 2K X-2 20 22 20 '»•> m 6 7 1;! .•|7 7lt 14 2:1 14 •j:i 2:1 M 10 11) :i, :i.">:t 415 722 1.107 In tlie urcci'diii}'' year, 1S1)(>, the iimnluu' of vessels cleariii}'; from tliis port was LM>, cairvinj'' 07H men. The number of ves- sels iaearin}-- frcun this port in ISIM was 4U, with 4 ad- of vlwrin iKtir''"'' ditioiial vesst'ls from Vaiieouver, earryinj>' a total of l,l<»7 men. The tieet of 1es from the Ameriean to the liritish Ha;;', and by those built in British Columbia. m i^ m -:'«t m' ■•m'4 M i ,>,: 510 OFl'KIAL RKI'Oim ■':*':' mmi "fm\ I r "-P i; Tahle of voIcIkh. Nllllll'H of VCSSI'I^. SclllKIIII'l' Vciituri' . . Maxinl . . . AIn-Ki.' Mil J,iliv .... 'i'i'iiiiii|ili Sfii I, inn lioiiliicr (V'iitciiiii) Aurora I'l'mlopc Caniiolito On^an Ufllo Ka'lii Aiiiiif ('. Mooii'. Monntaiii Cliii-I. W. I'. Sajwanl. SaiijiliiiT !Miniiic' K. li. Marvin ... Tcrt'sa Alarlba* Ar ricl I'ioiu'i'V Mary Kllcn.. Marv Tavlor. Vivi' »a. KOMII- Ol.SCll. Waii.lrr.T . . Kalf Catrhol 1801. Cimnt. 7 137 17« ;t,-.4 r.9 51! 229 170 40 21 ITS :>o ;ios 270 Sam'. I'oiiit. ,548 flOfl r.H4 llHi :i4o 410 7r.i 508 101 442 HcriiiK Sea. G50 72 171 82 870 47 001 i,o:io 1, 170 1, 224 1, 588 Total. 70 OSS 7114 074 :i7;i 4ti2 ;i07 801 2, 4:15 085 102 21 51 40 712 (iOO 445 1,201 170 200 1,082 1,481 (u . 204 7:11 52 .130 ! 1, 100 i 1.01:1 1, irjii l.iiTl 4I» l,:i:iii 2, :i'.io 1.0118 1,41:. 2, oTli 21 l,7l;i ;i, .i::o 711:; 7:1s 1 , 2112 l,iW2 2. :C)5 OO.'i 70:1 1,002 208 5:17 1,1:12 BtoaiM .siliooiicr Tlii.stlf Si'hooncr l-'avorilo Wall.i; I,. Iticli (J. II. 'I'lntlHT 35 204 337 ."iOO 2;i5 400 517 224 84 2, 381 21 374 «5 1,510 207 :is7 2, T.-i:i 5:i(i 000 54 528 f?nvtnttii er .skin, net pri«'e, the total value of the catch was .'!<4HL>,1(;(>. At oaNh'T "*' '""'■'""" ^•"'•'^t' 'si^*''* ^'»^ valucM.f the "c.)ast «'atch" was );<;{.".,:.( 10, that of the "Sand Toint" .-^170,150, and that of the "Bering Sea" *27(l,4r)0. ^^Ihi LHVI W. MYllUS, U. S. ("ONSIJL AT VU^TOlMA, 15. C. Tahlv of rallies. 511 Scbooncr Vintiiit^ Mii.iciil Mii^jjic Mat- l.ill.V Triiiiiil>li Siii I.icpii nciilri(r(Vifl«iriii) Aunii'ii I'l'llfllipc' ("iniiinlili' OlTllll llclli' K;itliiiiiiii' Aiiiiii' ('. Mniiii' Ztliiiniliiiii Cliii'l' \V. P. Siivwiiiil Sll|i|illilr Aliiiiiir E. li. Miirviii Jliirllia Ari.'l I'ioiicrr Miiiy V.\\f\ Miir'v Tavliir Viva....' IJosii' Olscii WaiHlcrcr Kale Strain Nrlmoiii'i' Thistle SiliodiiiT I''av "iK 147 110 7i» !I9 SI 7(i !t'2 •-'8 iW •.',") 58 i:i •.r> !)7 I'.i ;ii :i7 7."i IW H7 i»7 7;i 52 4!» Apiiroxiiiii'toaxi). Where eonslriieteil. I'liiteil Stales Pii'ilish ( 'iiliiniliia iNiiva Si'dtia Ill I'liiliil Stales Nova S.iilia 4 years 14 years (i years Very "III 10 years •-'years ' Itrilish Coliiiiiliia •iyeiirs lajiali Ilyears Hnlisli ('nliiniliia !l years ila|ian (i years Nova Seiilia . . . ill) ilo Very iilil H yell IS ' \(iva Sri it i a Verv iilil i llritish Coliiniliia . 10 viars ! ill) .1 years. .. :i years. . . S \ I Ill's. . . !l Years Nova Seotia Ilril ish Ciiliiinl ia Maine, I'liileil Statics Caliriiriiia. riiileil Stales . .. Very iilil | Itrilisli ( 'iiliiniliia 1 'I years j Nova Seotia !l years
  • •Jli years j (.'aliroriiia, United Slates ... \'eiy old ! do t! years \ova Seotia K veais In I ' II i ted States ...'.do 11 vears iiritish Coliii'iliia li vears I do H vears do ..".do Maine 5 years Nova Seotia t> years In I nited Slates 1 year Iiritish Coluinliia li yi'ars i Nova Seotia Vi'iy old I Pn;;et Siiiind, United States 4 years . \'eiv oh! I vear . . Old ■J vears Nova Seotia Piijiet Sound, United Slates. Iiritish ( 'olunihia do , do :i \ ears ' Nova Sent ia 4 yearn I Calil'nrnia. I'nited States (1 vears l'ii"el SoMiid. I'liiteil Stat 8. 1 vear ... ...'.do .... 4 vears . . Old Ill years . '1 vears . . 1 vear . . ...'.do .... 'J vears . . Hrilish Coluinliia. •lapan (|iiiorly liiiilt) Nova Seotia Caliloriiia. I'liited Slates . . Nova Seotia Iiritish ('oliiiiillia do .<[o . .do .\lilirox- iiiiate valiiu. .ICi, 50(1 1!, noil li. iiiii: *J, .1- 5, 501 4. 501 ;i, 501 11. 5IH 5, 51 M li. 001 5, one li. 501: K. IHH l.OOC :i. 001 K, OIK :i. 5()( It, 5(h: ;i, 5011 !KM! li, .501 i 4,000 ;i. .501 li, .501 7, 000 :i, 001 li, oo( li, .50(1 14,00( 4,(10(] 4. 00(1 9, 001 (>. 001 7. 50(1 li. 00(1 1,001 7, 00( 1,00( 5. 500 80( 12, .50( 8,00(1 I.. 500 2, ,5n( li, .5(l( 4, 50(1 G, 001 4. 0(l( 4, ,50, li. Oil 7, 0(M, 5, oik: 4, 51 k: i;o;i. lioo . Jiiittr : lit'" : i^ \^:. 512 ori'iciAL Kr.rouTs. .n., r 1 • .*v ^?i ':^ ■ *!>•'• ■\-::ii vessels. Ill witness wInMcof, I liiiv«' hereunto set inylnind ;in. <'., tliis day and year next al»ov»' writ ten. and of the iinleiiendenee of tlie United States tiie one hundred and sixteenth. IL. s.l Lkvi W. MVEIJS, Levi \V. Mveus, CoiiNid of tlie I'tiitcil States. [\\. A. Sl(|ili(iis. sliip iiixl str:iin1>o,it Imildcr. Siirntt's Sliipyjiril. |Misit)! Alliioii Iron Works, lii'siiieiiic, ;>l .luliii .stitcl.J VlC'KtKiA, IJ. C, April 22, 1S'J2. L.W. MvKifS, Es/•// ?;, ts!>2. I, Levi W. Myers, consid of the Uniti'd States at Vict«uia, U. C, , do heiehv certifv that the sijiiiatiire of C. A. McDon- aid at the toot ot the writiuj;' hereunto attached, is his true and {i'enuine siynatuii'. and that the said ('. A. McDonald is ]»ers(iially known to me; and I . C, this day and year next above writ- ten, and of the independence of the United States the one huur tin' vo^mA is };iv- the vahn'. riapaii vessels are built of teak, a sii|M'rior kind of tind>er; lliitish Co- lumbia vessels of Donj-las lii-; New Knj^land, of oak, and Xova S«'otia, of sprnee. The latter is soft wood, and inferior, vessels made of it ;ioin}»' into the eight-year elass. I think Doujilas 111- vessels are also put into the eight year class. A Vessel is supposed to drop out of its elass when the end of its elassitlcatiou has b«'en reaclu'd. In other words, it has deteriorate*! 50 per cent. Thes«^ rules ^ive the measure or jM'r «'ent of yearly deterioration. Ilence the ago of a vessel beeonu's important in d<'ierniiinng its value. In the aeeom- panying table the age given is liitlu'r under than over the actual age. Wherever tlu'ie was a doubt the vessel has received the benefit of it. SthooiuT i)uildcis estimate tiiat a Nova Scotia schooner, fr«'sli from the ways and ecpiipped for sea, is worth >{'"»(► in'r ton register. A IJritish Cohnnbia sclioonei is worth nu>re, as labor and material are dearer. The estimate is that a schooner put up here and ready tor sea is w p»'r cent to its valiu'. It is in view of these luh's that the valiuitions in the table are madi', and 1 believe them to be liberal for vessel owners. The owners themselves would |)robably |iut a higher \n'uv on their own s, and when this valuation was presented to another prominent owner of schooneis he shruggctl his shouhh'rs and said it was not worth half that. This last owiH'r valued one of his thn'e schooners at .*, whih' a master builder thinks it high pric«'d at -^Oj^OO. S > it goes. Valuations are usually inflated ami largely above what ci>uld be realized by actual sale. Some of these st-hooners are very old, ami hav«' l>eeu repaired and rebuilt several tinu's. "They are held together l»y their paint and putty," said an experieiu-ed builder. A tew ai'c new and substantial vessels, while the majority are in ndddlelife, or have i>assed the period of their classitication. The valuations placed by ISIessis. Stephens and McDonald, whose 4'er- titicates are attaclu'd, are lil>eral tor the owners aiuI are evidently above ratlu'r than below the real valiu'. They are competent and pra<'ti<'al nu'U (»f Iarg«^ experien*'** and have no interests in or pn'.judices against the sealing inti'rest. Mr. Stephens, especially, is regarded an authority on such matters. If 4j lll>> 'W liir m^ i 4w iH ' "; y ' r: ■»t -d from the custom-house a list of juMsons who «)wned shares in these vessels in l)eceiid)er, 1801, and this is Ni,m<>s and ' ovtT tlu' list, iis t'lirnislxMl I)y tlio «'ust()m house, \\v linU the eiiinloymt'iits of shareholders as follows: }i0^ ;■'. t •■■t'pj •loliii Diiilil. scalar, niMriiior. Will. 1{. Krown, H;ro(i r. .laiiics K. Marl ill, casliicr, real I'stato. Cliailfs I'ai'siiiiM, jjriM'tT. Kolx It .1. Ki-r, tivasiiivi' U. V. Hitliut «& Co. \{. v. Killict iV Co., whoh'Miilu giiicers, .stfanisliip ay;riits. Ilt'iiry A. Mimii. driiji^iist. .Iiiliii I*. KH'oi'il, ciiiitrat'tor. Will. ,1. Siiiitli, roiitiaitor. .Iiiliii (i. ('i)\, .sliip rliaiKlliT. .lames Sliiclils, rariiicr. Will. .'^Iiii'lds. lalioitr. .las. \i. .MiKeiizitMinriaj^i'maimfactiiror. Aii.<;iistiis (irraw. iiiacliiiiist, (tidt'oii ('. (icraw. ^i'ciitlfiiiaii. I'laiik W. .\ilaiiis. (jt-rk at Mar \ in & Ct>. Will. II. I'aiiii'. soaler. ('has. L. ('aiiuM'oii, };rocor. (Ji'o. K. .Miiiirii, j^ntccr. Will. Potiifiitk, j>lasi«>rer. Klizahctli Laiijfley. I'ri'dt'i ick (iillu'it, mariner. Will. I't'dillf. asi>lialt«'r. (.'liarh's I'clcrsoii, brt-wer. FrtMlcrirk Canu'. hji-oi'it. Will. Mmisic, •irnccr. .laiiit's N.iwarsiiiii, liiiliaii soalcr. .Viiilri'W (iray, inm fomiili-r. Daniel I'ltok, sliip earpeiiter. , lames Ueiii]i.slei', cariieiiler. .\le\. K. Miiiiro. iiDii I'oiiiider. Michael Keet'e. seah'i'. eaptaiii. S. MeAiily Smith, shijiwiinlit. Orlandii Warner, ship carpenter. (Jeorfje Ih'imiley. Win. (i. (iinidie. Win. I>. Hyers, master mariner. Ddiialdti. Walker, .ship carpenter. R. Hall, iii.snrunce a<;eut. Win. ( ri.eary. 'I'htmias Harold. Thoiiia-s Heiiflry, match nianufactiircr. .Mfred Hissett, Healer and captain. Victor .laeoliNiMi, sealer and captain. Michael .Maiisim, trader. (Jeo, ('(dliiis, saloon-keeper. Win. ('o\, mariner. ('. .\. ('ox, sealer and captain. W. (J. Stephenson, saloon-keeper. Mary .lacksoii. Ciias. .Sprin;;, slii])ii\viier and capiti li.sl. .lames .Mcl.eod, sealer. I'eler MiireliiHon, sealer. Adolphns Wasliiiry;, sealer. 'I'lios. .\aruia, sealer. CI. Kelly, retired sea captain. .1. St.Clair lilackett. notary pnhlie, real estate. Alex. \. (irci'ii, hanker, ('has. Lain;;, shiplinihler and owner. Chas. Williams, tii^ captain. Ah(d l)on f' LEVI W. MYKHS, V. S. ( ONsri. AT VICTORIA, H. C. 515 UNITKD STATKS CoNSt'LATK, Ji. ('., Victoria, April -js, 1S9:J. I, Levi W. Myrrs, consul of the InitcU States at Victoria, B. (J., ,1<. l.cicby ccitiiy tlisit the siKiiatuiv of .1. ('. Ncu imiy, ,,.,,i,„,„. ..,,.., iit the foot ot the writing hei-4>uiito attaclied, is Ins true :iii(i ;>'eiiuiiie signature made and acknowh>d}>'ed in my ]>resenco, and Hint tlie said .1. <'. Newbiiiy is personally known to me; and I do liirther Ci'itify that he is 4'hi«'f clerk to the collectoi' of this port and icjiister of shippmj;-. in witness whereof, I have hereunto set my hand andattixed the seal of tiie consulati', at V'i«toria, H. ('., this day ani"S of the records re ownersliip of vessels registered at this port, as they ,vriiti.at,. ..r .i.rk stood in December, 181U, and very few char 'ves have of .ustnnm ..i \ i.k. taken place since. ■"'"• "'•i'i'*i't-v.i..niiM't. [L. «.] J. C Xewbitry, C. Clerk for Collector and lieg. of Shipping. Owners of Staling Vessels. Vessel. OwntTs. Slinres. 12 12 :{ a 17 5 2 2 AfjcnLs. Maggie Mac .rolin I)(m1i1 H. I'. Kitli«t & (,'0., Ltd. K. H. Marvin & Co. Win. K. Brown Uolit..!. K 10 10 tiidi'on ('. (iiTiiw Frank W. .Vtl.ims Kdward 15. Marvin William 11. I'liinc Waltor I,.Riili 04 4:1 21 Alfred lilsRctt Victor dacolisfn Annie F. Taint Miirv lOllfn 04 04 04 04 (i4 04 SIciUuiT'riiirttli* Michael MaiiMttn Minuiu !l*tf:»' 616 i •■ m: ti kf: OFFICIAL RKPOUTS. Owners o/xealhifj renHvln — Continued. V»'N»el. Owiiprs. Shai'os. 11 11 11 11 10 5 r> Agrnts. Triiiinpli •Foliii (i. Cox K.l». Marvin K.W. A. lams C. N.Cox... "W, (i. Sti'Vritsim •Tani(*8 MrLood Wiiiifii'il (14 21 22 Atlolplnm Waslmrs TbiiinaH llarulil Aurora 04 :»2 .12 0. H. TiipiM r 04 " 04 no Heiirii'tta .lolin St. < 'lair lilailittt Alex. .V. (ii'i'*"!! 04 W. P. Say ward :.2 :t2 Cliarlcs Williams Kiiura (U 04" 9 7 7 14 May Bille \ l»fl 1 toiiKlas.H Will, ri'tlifiick Kll/.alirtI' l.aii"li'V Knilk tiilliiit ..! William IViltlli- Krfil'k Cariic.ir 04 40 •J4 flaiiio.'* Nawassiim Miiiiiitain Chief 04 64 " ~ liT 10 11 10 5 Oaiiirl ( 'Mt< r Carlotta G. Cox 04 8 fl 7 7 5 K b 10 5 S. Mi'Ciillv Smith Orlaiithi Wariit'i' K(l Wiinl 1!. Marvin Kraiik II. .\damH ( irornc Iti'oiiih'v W illiaiii < i. < iomlic William l>. lUirM Woiialil <;. Walkir William Cox KUhiniall (ii'iii'va 04 54" 10 Will. ( ). I.cary Uornalis 04 22 21 21 'rhoimiM lli'iiilrv . " Ailul|iliiiH WuhIiiii'K 04 LEVI W. MY^RS, U. S. CONSUL AT VICTORIA, B. C. 517 Owners of Scaling J'lnaeh — Continued. VtftlHul. WiiltiT A.Knrlo.. Siipiiliirc Ariol Viva. I'ioiieer . WiiiKlerer OwiierH. Shares. TlioiiiiiH Kiirh' 04 • lollll Hi']>li (jiiailraH . 04 ;t2 •J2 Vi'iiiuio ' Piinalil rri|iiliart I Mm ri.s Moss 04 ;i2 a2 Kiivoiirilo Cliarle.s Spiin;; Usiar A Hal tie . Ocean Belle Rntliarine I'aeilic Sealiiifr Co., Iiiiiileil; head olHeeN, Vii^tiiriit, Iti'itisli ('oliniihia. Hall iV ton •lolin ( 'reeileii Miiseot IVnehi)ie Arehihahl li. ItahinKtoii Ileiiiv W. Moore 04 22 20 18 4 Dora Siewerd, wile of II. K. Siewerd. Morris Moss Donald l'ri|iiliarl 04 ;i2 ;t2 i.iiy Sierra , _ _ „ Kate Charles SJii'in}; i Oeortfo Hy rnes ( 'haiies Spriiis; 04 04 04 Agents. ,,,f' .1 r* If -1 1 1 Il ■ ■" i 1 miv... .,u illwlli M' mw 518 OFFICIAL RKPORTS. Slulcnunt of the ejrient of CanatHnii fwhujiv nealimj, invUuUnfi the total ninnher of rensrls, litniiaije, crewn, aiid total catch of nculnkiti»,for the yearn 1S81 to 1S90, iiiclimvc. Year. 1HK4. IHrio. IHSO. ISST. I8SK. ISS!). Iti'JO. Xiini- lit'i- lit' 'l\jn. Vl'MSt'Irt. iiiiKO. i 418 12 710 1 9 r.(K» 11 «47 \-> 78:i 1« 920 21 1.280 ^ ^ 1. (Ktl 1,448 29 2, 042 Total Tcitiil crews, oatcli. 289 4i:i ■2H-, I.IG 18U :nu 411 2i»ri 51:1 «78 *14,llnii 17. (Mill it, 111.-. 'Ki. .",111) 27.47(1 24.114 27. .-.4:1 22, 4 1.-. 27, IMid :i9, 547 * KHtiniattMl. The aotual catcli wa.s iirobably over thi'MO tisuves. cHiiecially in 1884. The fljjures in the above stateiiient have beeu earotully e<)ini)ile(l from ottieial and other authentie sources and are approximately correct. The Indian pcution of the crews of 1884, 1885, 188(i, an the schooner San f)ie{fo raided the "hauling ground" on Otter Island and was seized by the oflftcials at San Francisi'O, Cal., with about 1,(!(K) skins. 3. During 0(!t()ber, ISSl, the schooner Otter raided St. George Island rookeries and obtained 14.") skins. 1. The schooner Adelr, iu the autumn of 1S84, was captured by liieu- teiiant Leutza, of the Kevenue Marine, killing seals on one of the rook- eries. T). Ill .luiie, 1, the crew of an unknown vessel landed onVlie rook- eries iind killed over .">()() seals before being detected and driven oft". (I. July 20, lS,sr», evid»'nce.s of a raid were found under the elitts ou St. (Ieorge Island, but the vessel and number of skins obtained are un- known. It was estimated the number of seals killed were <>00 or 7(MI. 7. The schooner Sun l^ieyo, which was seized in Jidy, 188(», by Cap- tain Abbey, ha. Iu .Inly, 1887, the schocmer Anyel ItoUy raide-.iA'i ^^.^ 520 CLAIM OF NORTH AMKRK'AN COMMEKCIAL COMPANY. 10. A few (load pups were foiiinl on ii i();)k('ry, showtMl si mid took place on St. (leoif>e Island in Aujiust, KSIM). It is supposed the vessel was the Xcllic Martin. 11. Septend»er l."», 1890, six boat crews landed on Zapadnie rook ery, St. (Jcorfto Island, and killed about 180 seals, but were driveiioH'. leaviufi' the desul seals on shore. 12. Duiinji November, ISSS, the crew of an unknown vessel landed on /ai»iidnie rookery, St. (Jeorne Ishuul, but did little daniajie as «mly 12 or ir»s('al carcasses were found on shore. l.>. In the niontii of SepttMuber, lSSi>, the »'vid«'nces of a raid weie discoNcrcd on St. Georjue Island, and the Treasury ayeid in charj;e haviiiii set a watt'li, drove otf the marauders, who endeavored to laud at niyht. 14. In the latter part of November, l.SOO, tlu' schooner Allele madt' a raid on the rookeri»'s, taking about 400 seals, and subsequently was scizi'd by the (ollector of the Port of Victoria for failure to make lej;al entrance on return. jr». Noveml)er 17, ISOI, the schomer ChnUvngc raided a rookery on St. (Jeor<;e Island, ami obtained about ir»0 seals. U5. N«>vend)er 27, 1 SOI, tin* schooner ItorcaJis landed a crew on one of the St. Paul rookeries; the nund)er of seals killed was about 4(K). CLAIM OF THE NORTH AMERICAN COMMERCIAL COMPANY. CKRTIFICATK Ol' AUTIIKNTirATlON. Unitkd States of Amftmca, Treasvrn Jhiuirtmnit, Jtth/ ;J:], isn3. Pursuant to siu'tion SS2 of the Revised Statutes, I hereby c«'rtifv that the annexed paper is a true cop\ of a letter on tile in this Dcpail- ment. In witness whereof, F have liereunto seJ my hand and<'aiised the seal of tin' Treasury Department to be atlixed, on the day and year first above written. [L. S.J CiTAKLES Foster, tfecntary of Treasury. Washington, Aiml 13^ 1S!)3. lion. Chaules Foster, S'Tirtary of the Trnisiiri/: Sir: I am instrui ted by the Ntuth Aujerican Commercial (Company, the lessee of the ri^ht to take fur seals for their skins in Alaska, to pre sent for payment l)y the I'nited States its account for $ l,r>.'J2,!>47.44, due to said Company from the United States by reason of said Com- pany's havinj;' been prohibited by the United States, during the years IStJO and 1801, from taking the nund)er of fur seals on the islands of St. Paul and St. (Jeorge to which it was entitled umler the law and its <'ontract with the United States, dated March 12, 1800. It appears (rom the records (d' the Treasury Departnu'nt that said Company was authoriz«'d by the Se«'reiary of the Treasury t(» taki' a quota of 00,000 seals for their skins during- each of the years 1890 and CLAIM OF NORTH AMERICAN COMMERCIAL COMPANY. 521 181)1, luulor the subsistiiif; contract between the Unitetl States aiul the lessee, ami iii <'Oiit'ormity with the hiw regiihitiiig the .same. It fui'ther appears from the records of the Treasury Department that the United States prohibited said Company from taking its said ijuota of ii accomifof Im^imj^ prohibitt'd by tho ITnited Statos from t!ikin<; ;{!».0()r> fiii-siNil skins on the islands of St. Panl and .'^t. (ie(ii'<>«', Alaska, wliicli said Coni|)an.v was autliori/.tMl by law and bv its <;ontra0.7S p»!r skin $810, 523.90 Sept«nd)er 1, 1891— To losses on accoiiitt (»f UUn); prohibited by the United Statrs from takin<; I(),.~>I8 t'nr-seal skins on the islands of St. Panl and St. Georjje. .\laska, which said Company was anthori/.ed by law and by its eontraet with the I'nited States to take and sliij) from said islamls durin<> the year 1891, at sfl.').."):! per skin 722, 124..") t Total 1, .532, 947. It Hi certificate op axttiientication. United States of America, TnnHury Departtnent, Jiili/ :*3, isn2. Pursuant to .section 882 of the Uevised Statutes, I hereby certify that the anue.Kcd paper is a true copy of a letter addressed to lion. Noah li. .leftVies, attoriuw f,7U>.2.t, in piiyinrnt of rent iiiii- trat«us appointed by (Jreat Urituin iiiul the United States under the treaty of April IS. IStL'. liespeetfuUy, yours, Charles Foster, Secretary. certificate of aittiienticatton. United Statks or Amkrica, TviOHuni IhjHnftnrnt, 'hilif .:J7 , /W,?. Pursuant tf) sei4i(>n SS2 of the Kevised Statutes, I hereby certify that the annexed paper is a true copy of a letter on (ile in this I)ei)art- ment. In witness whereof, [ have hereunto set my hund. and caused tlu^i seal of the Treasury Department to be atlixed, on the day and year tlrst above written. [L. s.] Charles Foster, kS('ctrt<(ri/ o/ the Tr<((snry. Washington, D. V., JhUj :>3, J89i?. To the Hon. Charles Fostkr, iSrcrrtiiri/ of the Trcdniirif: Silt: On behalf of the Xorth American Connnercial ('ompa'iy, of San l-'runcisco, the lesse<' of the ri^iiit to take fur-seals for their skins on the islands of St. Paul and St. (Jeor;Lre in Alaska, I have the honor to pre- sent the claim of said company for damajjes sustained by the limitation of the quota of fur seals by the United States from ioo,(KM> to l/t(H) duriiifr the year bejfinning May 1, 18M2, involving a loss to said company of $l,.;(]r>,000, for which amount said eomi)any respectfully requests payment. The XoRTii American Commercial Company, By N. li. .lEFFRlKS, Jfs Attorncff. 'Thi'ie is an eiior in tlicHi- fi'^nrcsdiu' toa trnns])nH!tinn. Tlierat«» jmr skin should be $0.9311 and tlic amount $11,414. 13. The conoct total being $4l),4U7.33. CONTRACT FOR PELAGIC CATCH. This agreement, made the fourth day ol" Sei)teinl)er, A. T). ISOO, he- tweeii Maurice .1. Davis, merchant, of Victoria, J3. C, of the first i)art, and Captain William (Irant, owner of the sc^hooner Beatrice, of Victo- ria, B. v., of tiie second part, VVMtnesseth, that for ami in consideration of the i)remis(!s herein con- tained, the party of the first part binds himself in the sum of two thousand dollars (!!l- lars for each ami every skin (h'livered by the party of the s«'cond part, inclndiny all wigs and ftrey puj) seal skins, but provided that the ]M'o- l)ortion of grey pup-seal skins shall not exceed ten per i-ent of the en- tire cat<^h of said schoom'r, when in such «'ase the party of the first part agr«*«'s to purchase all grey pup seal skins in the excess of ten per cent of the entire catch, and pay cash for eacli and ev«'ry grey pup-seal skin in such excess at the rate of two dollars ($2.00) each ur(;hase the aforesaid seal skins from the party of the second i)art, then the said security in the sum of two thousand dollars shall bo absolutely forfeited to the party of the second part: and the i)arty of tiie first i>art covenants that in case of the nonfulHllment of this con- tract on ids i)art that he will not institute legal proceedings to recover the said sum of two thousand dollars thus forfeited. And lastly, it is imitually agreed that this agiecMnent shall be void on anu after the ;{lst day of l)ecend)er, ISOO. in witness whereof, the said ]>arties hereunto have hereto set their hands and seals the day and year first above written. M. J. Davis. [l. s. ^VlLLlAM (jRANT. [L. «. Signed, sealed, and delivered in i)resence of — F. W. Adams. DiSTRioT OF Columbia, (^ity of Woxhinfffon, ss: I hereby certify that I have comi)ared the above pai)er with the original agreenuuit, and that said paper is a true copy of the whole of said original agreement. [SEAL.J SEVELLON A. JiROWN. 623 ^C! i 'I ■ ^^^m\ TTr.'iT 'ft;' tin^ Mfii P ■ ■.*'^»k.«.t 1. 111 fm i':'"^' -*i!»,.i •^' **;*- - ifc-f^' - r'.xmwfi^ ■ ■--.>iiirif^i*4^ri'r-^„^BM'i*- .■>^>iiIS^tttMi^4ef^^f^^(3»«t4A :i^^ *' 'JSi m M i. i 1-' ' ( T^ ih'^" If- ■ *^. 1/1 !(. ' LOG ROOKS OF Sl'AlINT, VESSHLS. Jkpoftition of Cnpf. L. G. Sheportl^nffhe United Sfafen Rercnve Mnriue^ Ulcuttfiihuj the lo(j hooktt of the seized schotmers Ellen, Annie, AlJ'reU Adams, and Ada. District of Commhia, <'ity of Washington, ss: Vji\\}t. L. (1. SlM'iJiird, of tlio ITnitod States Revomu' -^^arille Service, liiiviiiji' been «liil.v sworn, Uoposes and says: That tlu' Iof»' books of tbiiniI h)*- book of said sclioonor, which lie saw at Sitka in the y«'ar I.SS7, and which Inid been removed from said schooner when s«>ize«l by ('apt. M. A. Ilealy, United States Itevenui' Marine, in viohition of the above mentioned statute. L. (i. SlIKI'ARl), Captain, United States h'eeenue Mio'ine. Sworn and subscribed to bcfoi-e, me, a notary public in and for thc^ Distriit of Columbia, this 28th day of Julj% 1S1>2. [.SEAL.| JAS. N. FITZI'ATRKMv, ^'otary Vublic. if»: I ilP 'IIHvi LOG OF SCHOONER ELLEN. 8eKr. Ellen of San Franeiseo Hound from S. F. on Hunting cruise June 8th, 18S7. T. 11. Wentn-orth, master. Ton June Sth sailed frcun wharf at 3.,'{(> p. m. and arrived atSausalito at 5..'{0 p. m. and anchored, sailing again at li.'M) and put to sea, w eather ha/y. June 9th Farndones bearing N. E. by N. dis 12 miles, course S. \V. wind W. N. W. June 10th cominencos with W. N. W. wind and light, course S. W. Lat im.rht, Lon 124.1. Sat June llth «'ominences with W. N. W. wiud at 8 p. m. ta<*ked ship, wind shifted to S. VV. 4, a. m. wind hauled to S. S. W. course W. by S. lat 37.00. Lou 124.57. 525 ,, ;». 1 I P" m 'ii ^■^!*;' 52fi LOG BOOKS OF SKALIXfJ VESSELS. Ml K^mit/jt '■' tM,; ■V '■ ' f' •r, • -I ' Sun Juno I'-'tli. This day commonces witii rain and s(|ualls .'{..lO wind N.W. at 't o'ilocdv tacked ship and stood to S.W. J) ()\',l(M'k ivcIIVmI nmiu sail, took in Jib and ivelud foresail. 10 p. ra. furled main sail at a. in. set reefes. 'Aii .">!> Lou in by I). K. 121M>2 Wed June 1."»th This dayeoinnienees with breeze from W. by S. ends same with occa- si(Mial fog. LatbyObs. .T. 2;{ Lon '' " 130 ;J6 Thu June l<»th This dav eonnnences with west wind and ends same. Lat in ;r> 42 Lon in L51 2;i. Fri June 17th This day begins with light W. by S. winds, at 1 p. )n. past a British barge name unknown, bound S. VV. at a. in. wind liauled to N. by K. and s(|ually. at 4 a. ni. reefed main sail and gib, and shook them out again at 11.45. ;{(> 08 Latl). K. :i.; 2:>^ Lon " " i;}2-41 Sat June 18th This day begins with strong breeze from X.N. K. with squalls; and ends sajiie. 11 a. m. saw a bargu(^ standing to the Northward, e(Miiso run west, Lat in .50-28 Lon in l.'{4-5;3. Sun .lune IDth This day begins with It N.N.K. wind middle part ealm, and thiek fog. latter part clear, wind same, distance made (J(> miles, N.W. by W. ^ W. ijat in .{0. 45 24 Lon in 13(J. iO » Monday June 20th This day begins with N.N.FC. v ind latter part N.E. Lat in by Obs ;!7 .")8 Lon " " " i:i7 r,() ' i;w 08 Distance run 95 miles. iKiuHoil ill ori^iuul. #, i LOG BOOKS OF SEALING VESSELS. 527 Ten .liino 2Lst This day begins with wind N.K. and !i«ht, latter part X. and fresh. Lat in ;J8 't'2 Lon in 140-24 Distani* run 77 miles. Wed June 22nd This day begins with ft\ di X. Wiinl, inidni^'ht wind hauled to X. X. E. with fo;; and siiuall. Latter part N. E. and fresh. Course iiade N. W. by W. Distance run 107 miles. Lat in 40-(»9 Lon '' by D. K. 142-49 Tim June 23rd This day bej>ins with fresh N. X. E wind, latter part wind hauled to 8. with fog. distance run 00 miles. L It in by 1). K. 40.59 L(m " " " " 144.45 Course made N. W. & \V. Fri June 24th This day be};ins with liyht E. S. K. wind, with fog and rain, middle part liauled to S. W. latter i)art to W. S. W. Lat in by Obs 42-20 Long'< " '' 145-30 Sat June 25th Tliis day begins with S. W. wind mid'lie part hauled to W. by X. with fog, and ends sanu\ Lat in 4.i-21 Lou " by 1). H. 140-07 Sun June 2<)th This day begins with light W. wind, middh' part breezed \i\) shore S.iS.W. witli fog, h»tter part hauk'd to VV. by N. and cleared up. Lat in by Obs 44-40 Lon in ' 147-07 Distance run t>7 miles. Mon June 27tli This day begins with VV. by S. wind, latter part hauled to S.S.W., course \V. by .N. jj Is', distaiu'e run 5'.> m. Lat by Obs. Hi-(H ' 40-04 Lon 147-41 Ten June2Sth This (lay bt'gins with Lt. S.S.VV. wind, middle part breezed up sti'ong with rain soualls, latter part sanu'. Distance run 125 utiles. Latin by D.K. 47-13 Lon " '' " " 150-10 We«l June 20tli This 20.50. at 12 reefed Jib and main sail, and furled for sail. Latter part same. Lat in by I). L\ 4S-05 Lou " " " '' 152-24 Distance run 85 miles, X. W. by W. ' Erasod iu originaL 4 .'I if P '''it* t 1 ■Si .tf i •*! ilk*: t m-m iW'' % ii^«f^' U'-i i I ; ,1 'i J, ' 1 '■ ■' 4'i'' !\ I h 1 > 4 528 LOG BOOKS OF SKATJNHJ VESSELS. TllU JmiO 3(H1». Tills tlay comuu'iicos with frcsli X.W. wiiul juul tViick. S p. m. wiml hiiuh'd to S.S.H. with light ijiiii. latter part hauled to iS.tS.W. ami cleared up. Lat in by ()l)s r.O.;U Lou in time ir)2.3i1 Distanee run 91 miles. V\i ,Iuly 1st This day <'onnnen<'es with fresh 8.S.W. wind, 8 |)ni moderated. jU niidnijiht hauled to W.N.W. at 8 am reeled mainsail, course made this 24 hours N.W.A W. 8;{ miles. Lat in bv J). 11. T)!-,'}! Lon •' " " ir>i-ll ffOUl} Sat July Und Th'.> day ctMnmenees with stron;;' breeze from W. by S. vessel under short sail, at 4 am wind haided to S.S.W. course made N. 51. distance made (m miles. Lat by ]). \i. ."iL'-lL* Lon •' " " irM-24 Sun .Tuly .{rd This day commences with li;iht breeze from S.S.W. and s am hove shij) to on staiboard tack, wind blowing verv heavv. This tlav no obs«'rvatiL»-.-iL' Lon " " '• distanee run N. W. .\ \V. 121 miles. Mon.Iulv4th lo7-48. This diiy connnem'cs with strong bre«'ze from X.W. vessel under fore sail, iit ;■),,"»(> made sail and stood to W.S.W. at S tacked ship and stood to North, at II am sighted the Chine Bura Lslands, bearing X.W. by N. dis 20 miles. So ends this dav. Ten.Iulv')th Lat by Obs 'il. 20 Lou in time 158. 30 This day commences with light S.W. wind. pm died out calm, anil ends same, with Sinn Noski Island bearing W.N.W. distanci' S miles. Wed duly «»th This day cominenccsci-.Im with It rain. 8 pm. wind bieezed from west and light, later part same, Nagia Island bearing N.W. dis 20 miles. so ends this day. ThudulyTtli This day coinmeiuies with X.S.W. wind. Nagi Island bearing X.W. dis 20 nides. middle part died out calm, latter part same. Lat in .■>4.44 Lon in 1iin.r,j^ 100.52 Fri .) (dy 8th This day «'omnu'nc(.'s <'alm, in 30 fathoms of water. «'at<'hing tish, at 4 pm. wind breezed S.W. middle part hauled to S.S.W. so ends this day, with Ilallibut Island N.W. by W; dis 15 miles. EruHeil ill origiiuil. Pi" S!W"*" r JbA LOG HOOKS OJ SKA 1,1 NG VKSSELS. 02!) Silt JiilylHh riiis (lay <'OiiiiiKMi('('s witli Ii, nnnle oiu'iiiny beaiinji' W. by S. 2 miles, distance, passed thron<;h the straits at 11 pm. and hov«' to in thick Ibj.^'. at am. bore up ami run in Ibi water, at IL* o clock anclKued iiuder the Island, and loaded \vater. ,Inly li'th This day commences with lij;ht toj;. lyin Thn .Inly 1 1th This day comnu'm'cs with It wind and fog. at 7 am wind breezed up stiong. no boats (»nt. at IL' noon hove to under fore sail. Lat in l)y 1). K. .H.-'iO L(m " "•' •• ^< 1()7.;}!» Fri .Inly 15th This day commences with str(nig gules from S.IC. at 12 midnight wind nn)derate(l. "» am nnide sail and stood to stnitli. at lb am wind hauled to W.N.W. blowing heavy. U(» boats out this day. Lat in by 1>. IL .'^.^S L(m " '^ " "' H;s.lM> Sat .Inly Kith This day c(nnnn'nces with stiong gales fr(un S.W. .iml rain. Ves- sel going under double reefed main sail, and ends same. Lat in by D. U. ol.ia L(m in " " '• 1(17. 2<; Sun .Inly 17th This day couMncnces with str(nig W.S.W. at I pm made llabou- cliinskay Island bearing S.IO. w(»re ship otf again. '.\ pm wind died out calm. 5.30 am put boats (uit this day and took <) seal. hat in .'>4.oi Lou. in 1(»7.05 M(m .Inly ISth This day c(Mnmences with It N.IO. wimls. both boats out. latter ])art wind S.K. and It. IJoger llof Island l)earing S.W. dis L'O miles, catch of seal 13. Lat in 54.00 Lon in 1(»7.I5 Ten .Inly 101 h This day e(nninences with it S.l). wind, at 4 i)m wind bree/.ed up str(Hig. Itoats canu' (Ui boaid. at to umler tore sail, latter pait umler Ouualaska Island, catch of seals 4. 07 ■f : i ik^ SI'" ■ Hi|i i Vji P fir' 1 iK' 1 l '■" I > 5'' ' 0." :. , 'i :■•*-,'■ i\ 530 LOG BOOKS OF SKALING VI'.SSKI.S. i ' i ♦ ■ ■ y 1 ; '■- '%■ '(Is 1 1 1 \Vio seals this day. Tim July 21st This day coninieMces with stron;;- ^jah's IVoni S. S. E. at, 2 pin wind lianh'd to S. W. vessel runninji olV sliore. at !> am put boats out, ami took 5 seal. IJoger Slots Island hearinj; !S. \N'. »S: bv S. dis l'.> ii:il«'s. Fri July L'L'iul This day ioininenees with lijjht W.N.VV wind, at 5 ])ni died out calm, latter part same. 2 boats out, eatch of seal 20. Lat bv Obs o4.15. Sat July 2;ird This (lay eonunences with calms. 2 boats out. middle part wind came fresh from S.S.W. boats eame on board, latter pari died out ealm, with Boj^er Slof bearing S.VV. by W. dis 30 miles, catch of seal 12. Sun July 24th This day commences with It S.S.K. wind, at 4 i)m wind bicezcd up. at midnight hauled to VV.N.W. blowing heavy, latter part same. boats out half day. catch of seal 14. J.at in r)4.2.S Lon in l()7.o2 Mon July 2.">th This day commences blowing stiff from W.N.W. lirst part, latter part calm. 2 boats out, catch of seal <»•). Lat in .■»1.33 Lon in 1 08.12 Teu July 20th This day commences with strong wind and ends same, no boats out this day. Lat in 54. 4S. Lon in 1(JS.22. Wed July 27th This day begins blowing strong from S.S.I seals, no lK)atsout and en^ out. but plenty ol* seal around, took 3 over the side. s<» ends the day with liogerslov bearing S.K. by E. dis 15 miles. Sun .Fuly 31st This day begins with strong W.S.VV. wind, at 7 am breeze moder uted, and boats got out for 7 hours, and took 25 seal and the breeze came up again. '.SJP If ;li#:! !!!^,ii; qf; lil il I. . .(i, it \f\ i'; '. I;* . i;J .1' I •fi' ^i: ^ ^ LOG I500KS OF SKAIJNG VKSSELS. 531 Aiij;- 1st This day i'oininoiM'os with stionu\ gol under way and stood otf shore, at t» am put boat out. at ten am wind luee/ed njt iVom E. 1 1..'{0 am one boat eaine on boai'd with ."» seal, so ends the day. Vv\ Aug "tth This day <'ommeuees with strong breeze tVom E with rain squalls, at 4 pni stood in for the land, at S pm anchored under tiie land, at 4 am sighted th«' l\< veniu' steamer steering East, at U am hove up anchor and stood oti shore, at 1(> am boats went out and took 12 seal, so ends this day. [No. I. July L'S, I8«L», Washington, D. O. L. (5. SlIllPARD, Ctqitiiin, U. S. livvenuv Marlne.\ Hi i- LOO OF SCHOONER ANNIE. From San I'raiu'iseo towards Hunting & tisbiug. Friday, 24 March, ISST. H. 1 ; Winds, X.W.; at 2 P. M. got schooner under way and proceere»'Z«' vS: lint' weather. Noon Point Strong I>reez«' »S: line weathr Pout K'avs liares 1'^ S 10 Dis nules Midnight pout Kayes JJare 8 E 12 mils' From San l"'ranciseo towards North liunting «S: Fisbing. 28 Day of March, 1887. Il.l; Winds, W S W ; this 24 hours first part Sti'ong l)reeze.S: tint' weathr Noon of INut Poval Midnight lllowing (Jale hove to under 2 Reefd F«ue Sail P. M'. II..S, Winds, N by W. II. 12, N(.on. Course, S. W. 29 Day of March. 18,s7. 11. 1; ^Vinds, N.W.; this 24 hours first part IJlowing (Jale from N W «S: heavey Sea Vessel hove to uu(U'r Eiisy ill-' . .^SS»: i»< M tfn> to ; f^j**tt'' ■' slftlli. 'm //V';... .■■tiiii : '■'! 'i it -r^- ¥ . ? Iffi/ ?5«: II I I a ■■'I r)32 LOC HOOKS OF sr.ALINd VF.SSKf.S. I Sail Noon Dir... Liitor Paif Dit;. II. IL' P.M.. Nmmii. ('omse, S NV; l)i8tl»lU'«', ."4; Dill, of I.iit.. .{S; J)»'|»i»itlir«', .IS; Lilt, by I). H., .".S . L'l; Lat by Ob., -'JS.-Jl Dill'. .»t I.oiij-.. 41>: Loii. in 1L*4.LM. .to Day of Mairli, ISST. ||. ! ; Comscs, NV S W; Winds, N VV; tliis 24 lionr.s tiist i>ait Stronji liii-rzcs vV; lioavy S«»a woatluT jiovc to uiuler L' UvvlW I'oioSail II. 7; Cunrsr.s, N N K: at <• a w Set Vow Stay Sail iS: 2 K«'('f Main Sail & stt .'{ Seal Midnij^lit Calm hove too II. 12: Noon. Lat. by 01). ;is.;i(); Lou. in 12Lr)(>. From San Francisco towards North Iluntiiig & Fishing. 1 Day of April, 1S87. II. 1 ;' Wind.s, S W ; this 24 hours light aiis & calms at (».3(> a m 3 P.oats started hunting Noon Boats com«' long Snlcs P(>st Moat one small seal after Noon foggy ».^- fresh lireezes no Poats out II. 12 A. ^L, Winds. West, at 8 hours P M ta« k ship to westward «S: hove two un- der 2 Ifeefed Fore Sail P.lowini. heavv. 1 1. 10, P. M., Winds, N N W. Lat. by Ob. ;iS.;r). Lou-, bv Ob. 12."r.(l(>. 2 Day of April, 1.SS7. II. l": Courses. W; Winds. N N W; this24hours Blowing Gale & ll«'a^■v sea lied Peadiing under 2 Peeld l-'on- Sail Midnight Dito II. 12,' P. M., Noon. Lat l»v D. If. .'iJLJO; Lat. bv Ob. ;{S.;{(»; Lou in 12r).(K): Lou. by Ob. 121. i:». 3 Day of A]ui]. 1SH7. 11. 1 : Winds, N N W; tliis24hriL 1887. II. I; K.(i, C«Mirses, NNW; Winds,S F; this24 lamrs lirst part fresh IJree/v «K: tbggv all sails .set. II. 2; K. 0. II. 3; K. ;K. (». II. 10; K. (i II. 11;K.<). 11.12; K.d. 11. 1;K. .-.. 11.2; K. 4 II. 3; K. L 11.4; K. 4; Mnlnight Strong Breezes iS: Cloudv all Sails set II. 5; K. 4. 11. <»; K. -i. II. 7; K. 0. 11.8; K.(». 11. o; K. 7. 11.10; K. 7. II. II; K. 7. 11.12; K. 7; Nocm. Lat. Ity Ob. 41.14, Lon. by 01>. 12r»o. i,-,. (5 Day of April, 1887. H. 1; K. 8; Winds, SF; this 24 hours Jirst part Strong Breezes tS: Bainv S<|ual|s at 4 a m took in Main Sail II. 2; K. 8. II.3; K. 8. H. 4;k. S. II. j; K. 8. II. (i; K. 8; U. 7; K. 8. IL8; K. 8; II. 0; K. 8; Winds, SW; at t> am hi'avv sipiall wind hauld to S W Baining haid II. 10; K. 7: 2 Peeft Fore Sail & jil* 10 a m Two Ueeft manesail X: set it. II. 11 : K. 0. II. 12: K. 0; Noon, unsetid weather U. 1; K. 0. II. 2; K. 5. 11.3; Iv. T). II. 4; K. .5. 'I LO(J HUUKS (Jl' SK.\LIN(i VESSKLS. 533 II. K. II. 0; K.:.. II.7; K.T). II.J>;K.."i. II.10:IC..-.. II. II K. >. II. lU; Nooii; .Mi(liii;;lit .Modiafr Ilirr/,)' > VV; Dislaiice. I."»M; Dill", of Lat. 140; Drpaitiirc, 75; Lat. by 1). 1{. 4;P..'r>; Diir. or Loh. IS; Lon. by Ol). IL^P.-W. Frv N: Winds, X W. II. 9; K.X 11.10: K..X 11 II; K.2. 11.12; K. 2. If. I; K. 2. 11.2; K. 2. ||.;{; K.2. IT. 4; K. 2; II. K. 2. II. (I ; K. 2. 11. K. 2. II. S; K. 2. II. 0: K. 2. II. 10; K. 2. II. II; K. 2. II. 12; Noon; Midni<>lit IVfsli Ibcczcs tS: lln(^ wcatlir all sails st. Lat. by Ob. 4.">^.28. Lon. by- Ob. I2(P..M. S, Day of Ajnil, l.S,S7. II. I; K. 2; Courses, X by W; Winds, East; tlii^ K.: :4 flours first part IVesli Breezes ^: line weatlir all sads set II. 2; II. K. 2. II. 4; K.2. II. K II. II. K. 2. II. S; K.3: Courses, North; Winds, X E. Oil. K. 4. H. 10; K. ,">. II. 11; K. .".. II. 12; K. .-); Courses N. N. W Xoon Dito. II. 1; K. .5. 11.2; K.."). 11. ;5; K. ".. II. 4; K. 0. 11..".; K. 0. II. (J; K. 0. Winds, N W. II. 7; K. 0. II. S; K. ."i; Courses, XXI'] II. 0; K. .•). II. 10; K. — . II. 12; Xoon; Midnijiht Mlowiny li«'a\ev tS: lu'avey sea Ship liead l{eaihin«-' 2 Ueeft I'ore Sail iS: jib. Lat by'Ob. 47.20; Lou. by Ob. 120.29. From San Fran<'isco towards Ncuth Fishinft- & nunting. 9 Day of Ai»ril, 18S7. II. I ; K.— ; Courses, North; Winds, WNW; tins 24 hours Strong dales tJt heavt'v sea. X'oon l"'lati. 10 Day of April, 1S.S7. this 24 lirst part Strong;- IJreeze 4 fine weathr \- Stronj;- Ureezes iV: tine weather Xoon lij^lit airs .Jc ealius at 4 l*ni anchored at IJarclay Sound ill'' il t: From Slid IJarekley towards Sound Monday llth 1 887 ."» a m hand on l»ea<'h & cleand on Side Tuesday 12, Ifaininj; coud not Paint Weiisday l.» fine wi'atlu'r I'aintd one Side Thursday 14th tim^ weathr Painted aiitlir sid over liaul wrnduT »S: ami li;;Iit Vcnibh' »S; <'iihiis liovr Tow at 7 sua jioot out lioats liuiitiii/t>s iS: I'loiuly I>oats not out atln Noon (Irroijiv Kij-vs I Seal Midnight (^j,lms 11. 12 (I". M.) N Lat. hy 1). K. hS . .;.">. I.on.in lL'7^ U. L'L' Day ot April, ISST. this L't hours lino woatluT ^: Htiou}; lirctvcs >;o lloat"sr(M'/(' tS: Cloudy at 7 am all lioats out t(> am took l!oats in iSlow- inj;- •!<: K'aincinji' hovo two Midnight winds hauld to W N'W iS: Chunly II. 10; Winds W N VV 11. 12; Noon. Lat. by D. II. VXir,. L(Mi. in lL'S.24. 24 Day of April, 1S87. 11. I; Wiiuls, W X W; this 24 luuirs first l)art Stiouji lire. /OS «S: Cloudy hovo two II. 12; Notm. Cjursc N r»4 K. Distanoo 2«;. Dill". Lat l.")^ Departure, 21. Lat. by 1). 1{. :>{).{»). DilV. of Ltm. 83. Lou. in I27^.."il. 2.'! Day of April, 1.S.S7. 11. 1; Courses, S S W; Winds, W N W; this 24 hours tirst part li^ht air iS: calms Noon blowiuj;' dales tc Ivaineiiij; hovo two 2 IJeeft K<»re Sail 11.2 (PM) ('oursos, South ; Winarture 2S; Lat. by D. K. 41L23; Dili", of Louj;. 4;3; Lon. in 12S^.;54. 2(» Day of April, ISS7. II. 1; Winds, S l>:; this 24 hours tnst jiart Stronii winds k\: Kain .S: lieavov sea Miclniuht Dito II. (I'.M.) Winds, l«: S E. II. 12; No(ni. Course. S OS E. i)istaneo24. Ditf. of Lat. !». Deitarture 22. Lat. by 1). K. 40.14. Dltl". of Lon. M). Lon. in 12.S.4L From San Kraneise«> towards Ncutli lluntini'' vS: Fishinj;. '.^ y i( mi ,1 *■•; 27 Day of Aiuil. 1S,S7. II. 1 ; Winds, S S K; this 24 hours first part niodiate Lroozos .S: L'aining. Noon Dito Midui>;lit Calms v\: Kains II. 0; Winds, W N W. II. 12; Noon. Course, N .JO E. Distanee 20. J)itr. of Lat. 22. Departure 18. Lat. bv D. If. 4.S..-.2. Ditf. of Lon. 21. Lon. in 127.40. 28 Day of Ajnil, 1SS7. il. 1 ; Winds, W N W; this 24 hours first part light airs iK: Calms Noon fresli IJice/estS: Cl<'are& fine weather after Noon ]>oot out IJoats to hunt No Seals I'i. '2; Noon. Lat. by Ob. 49.4t». Lon. by Ob. 127.28. 20 Day of Ajjril. 1887. this 24 hcturs frs^ part Strong llioezes vV: cloudy tS: threatining weatlir. No(»n, Dito. iMidnight, Dito. .'{() Day of Ajnil, 1887. this 24 hours tirst part Strong Ibee/.e «S: cloudy Noon Dito Run in to Kunukout Stumd at 4 I*. M. anchord lilow ing «!s: Ifaineing hard. 1 day of May 1887, lllowing & Haineing. Wind S E. 2 day of May, 1887, l»lowing iV: L'aineing wind SE. Kaineing winds S E. Clears & Calms ^: Southerly winds Clondv »!<: < 'alms got under way «& Proceed to Sea 3 (i a li Noon strong wostly winds midnight calms. LOO HKS OF SKALIXO VKHSKI.S. 535 Fioin Sun Fii^m-isw l«>wjirds North Hiuitiiig & Fishing. 7 Diiyot'Muy, 1S,S7. II. I; Winds, ]•: S K; (Ionises, Soiitli; this L»Miours first pint Strong Cjics tS: liiirtl IliiU' M|niills. :il ."» nin lllowing Furious (ialf poot s< liooncr nniin- l>iiliin(i> iU'ot't nuiin s:iil tl. U>; liar L'iKlO. II. IL'; I'.iii'. L'S.SO; Noon nioilnitinii s»'t .'» K'rrft siiijs hciiiird off slioic to iiiiikc st'il l{l{. I!».4(K Loii. in IliS.jO.i S Day of May, ISST. II. 1; rouisrs. S I]; Winds, S S F; tliis L'l li(»ars Strong lirrc/cs ^: Clcai*' \ sipially wiMtlici- II. L'; I5ar. -!).."»0. alt* a Ml wore Ship to l">ast\vai'tl 11.7; Conises, lOast. Noon Dito. Midnight ("ahn. I.at. by I). K. m.T). Lat. i»v Ob. [\):M. Lou, in llMP. \'2. Lon. by Ol). 12!>.1(>A. !> Day ot May, bSST. II. 1; Winds, ('alms; this I't hours llrst part biglit airs iV: calms, at <» a m poot out ISoats Noon Boats came on l»oard Starboai'd alter lloat - Seals Tlioiiias, liunfer. after noon frosh IJree/.es IJoatsout No seals. II. 1; Winds, Wt'st. Midnight Strong r.iee/.es. II. 12; Noon. Lat. by I). If. t'.>.:;7. hon. in iL'S.t. 10 Day of May, ISST. II. 1; Wiiuls. N W; this L'l hours lirst part Strong Ibt'ozes ^: s(pially. Noon Dito at <» W M. \v«'nt on board schooner. Midnight ("alms. Lat by D. 1{. '41>..>."». Lon. in l2 masti'd Schooner ill Co Thomas, ;»ne seal; (leorge, one seal. Il.*.>; Winds, south, H.l; (P.M.) Winds, S F. Lai. by D. If. 1'.>.;J7. Lim. in lL'7.."i(>. IL' Day of May, ISS7. H. 1; AVinds, llw^i; this L'l hours first part modrate llree/es ^: fine weafhei' IJoats out Hunting from Noon No Seals aft«'rnoon one seal II. .">; Wiinls, N. I-]. II. IL'; Noon; Mid- night fine weather. Lat. by D. K. ltU!>. Lat bv Ob. VXVX Urn. in lL's.;;(j. i;{ Day of May, 1SS7. II. 1; Winds, N H; this L'l hours Hist part modrate l>ree/,es vS: fine weath lioats out hunting Calm fonri> noon II. (i; Winds, Calms, afternoon modrate liree/es Tow lioats came, on board H. .i; Winds, NNE. II. 1; Winds. N N F. (J.-iO IVM one lioat L' seals Ca|>tains lioat out all night. Set Masthead light & linrnt torch every 10 «»r l."> minutes. Day light no lio'at in site Sent lioats out to hunt for missing lioat. Lat. by 01». oO^.lO. Lon. by Ob. iL'So.r*.-). 11 Day of May, 1SS7. II. 1; Winds. NNIO: thisJl hours first part modrate Iire«'zes tS: line weather. I''>at out ail knight II. o; Winds, N Vj. r».;iO a m lioats (ait hunting foi- iisi^sing lioat Noon lioats came on board No lioat in site Run tor lind tos«'e if lioat went that way 11. IL'; Noon; Midnight, Calm. Lat. by ()i». .V) ^OL'. Lon. by Ob. lL'8.;3U. From San Francisco towards North Hunting & Fishing. 15 Day of May, 1.SS7. H. 1 ; Winds, N. W. & Calms; first part calms & fine weather Noon, Dito. II. 0; Courses, N N F. II.. S; Courses, N N F. II. L» (F. M.) C(mrses, N N F. IL 1; Courses, N N K; at 1 P. M. Ilreeze Fun in to laml found lioat .S: men all wright at P. M. came on board stood off shore H. 7; Cmiises S W^. 11.0; Ct)ursu8, W S W. U. 12; Noon. Lat. by Ob. 50.28. Lon. by Ob. V2SMX :* U 11'. ] I r: 7f" i W^' ! W 4 ■M' 536 LOO MOOKS OF Si:.\l,lN(i \ KSHKLS. i'.\\-\ •'? 16 Day of May, 1SS7. II. 1; Cmrsos, \V S W; \Viii. Dcpurliiic, 8(1. hat. l»y I) |; .■>(».(>'.). DifV. of Loll. L'M4. r.on. ill i;5(>''.17. 17 Day of May, 1SS7. 11. 1; Coiiis.'s, W S W; Wiiiils, \ W; this L*4 lionis Hist part stroii>;' (iaU's vS: <'l<»ii(ly iu'adrciicliiiiiLi iiii. 14. Ditl" of l.oii. i;?F..U.' IS Day of .Slay. 1SS7. II. 1 : K. 2; (\)iiis('s, \V S W; Winds, N W ; Leeway .'{ points; tliis 1*1 liours liist part Stronji' (liiIcsiS; doiuly licml ivachinji' under L' Kceft Imuv Sail. II. L'; K. L'. II. ,?; K. i'. II. 4; K. i' IL o; K. 2; 11.(1; K. 1'. 11.7; K. 1*. 11.8; K. L'. II.UK.L'. II. Id- K. 2. 11. 11; K. 2. II. 12; K. 2. II. 1; K. 1. Midni-lit Dito. ('oiii.sc, 5 51) W. Distance, 48. Ditl. of Lai. 2(1. Depart uir, UK Lat. by D. IJ. 41P.48. Dirt. <»f Lon. 1^.(>;J. Lon. in 1323.37. From San Francisco t<)\vards North Iluntinji' «S: Fishing". lODay ofMay, 1887. 11. 1; Courses, VV S W; Winds, N VV; Leeway 3 Points; this 24 hours tirst jtart Strong Breeze «S; ('loiidy hove (m 2 K«'eft F(Me Sail Noon Dto Midiii-ht Dito 11.12; Noon. (!ouisf. SoOW. Distance, 48. DitV. of Liit. 2(1. Depaitiiri, 40. Lat. by I). I{. 49.22. Ditf. of Lon. 1^<^2. Lon. in i;?;5.;!!». 20 Day of May, 1887. 11. 1; Courses. W S W; Winds. N W; tiiis 24 Inuirs tirst part ni(»drate l>ree/es v\: cloudy at (i a in set all jjlaine sails & tack ship to Nortliard. II. 7; Courses. N W; Winds. W S W. Noon Dito. 11.12; W N W Courses; Wiiids,SW. :Midiiijiht Calm. Course, N 37 W. Distance .)2. Dilf. of Lat. lit. Dei»aitr,re 2(1. Lat. bv D. H. 41P.41. Ditl'. of Lon. 40. Loii. in I.'M.IU. '21 Day of May, 1887. 11.1; Courses. W; Winds. South ; this2l liours first part light airs ^: calms vS: fogey. Noon strong r>reezes »!<: cloud,\ 11. 1; Courses. W; Winds, South. Midnight Strong l»i 'O/cs »S: Itaiii Squalls. Cours«', N «;o \V. Distance 77. Dilf. of Lat. .'.O. Departure (iO. Lat. by I). |{. .■>0".20. Dill, of Lon. P. I.'.. Lon. in 13r.^.02. 22 Day of May, 1887. 11. 1; Courses, W; Winds. South ; this 24 hours first part Strong ISreezes ^: cloudy vK: Waiiie Sipialls. at (1 a t>i wind haiild to Ncnt'.iard tS; niodrale 11. 7; Courses SN\' l>y W: \'inds, N W; tack slup Southard. Noon. <'alms. Midnight Dito. II. 12; Noon. Course, N 08 VV. Distance I.V». Dilf. of Lat. ."iS. Departure 144. Lat. by D. If. r)P.38. Dill', of Lon. .">.!!>. Lon. in 13!».22. From vSan Francisco towards North Hunting tS: Fishing. IT. 1; (^lurses. West; Winds. Northrly. this 2 I liunrs tirst part calms 6 tine weather Noon Dito 11. 12; Courses. West; Winds, l). Mid- night fresh r.reezes »S: Cloinlw II. 12- Noo.< Course, N «i8 VV. Dis- tance 24. Dili', of Lat. 0. Departure 22. Lat. i»v D. IL .■)73.47. Lat. by Ob. 51..'.1. Ditr. of Lon. 28. Lon. in l.SIKoO. Lon. by Ob. 13!r.2l. '24 Day of May, 18,S7. II. 1; ('(.iirses. VNest; Winds, Hast; this 21 hours Strong llre<'zes iS: cloudy «S: L'aiiie Stpialls II.(»; Courses, VV l»y S; at (» a III l»lowing liard Ivcelt Maine i^ l''ore Sails. Noon lllowing Gale and high sea liar. 2!>.20 Midiiinlit modrate at. n. hepaitnic 104. Lat. l>y I). I{. ."i.J.OI. Lat. I»v Ob. :.;;.;!(>. Dili". <>r Lon. L' ".!!>. l/m. m lir».!(l. Lon. i»y Ob. 1 I.'P.OT". L'(» Day of May, ISST. II. 1; Conrses, W l»y N; Winds, Sontli; this L'4 hours first part Stroiij;' llree/es i\: ('loiidy at a in niodrate set all snils. II. S; Winds, SI'i. 11.10; Winds, Kast. Noon, Stronn IJree/.es iS: Cleare Weather. Midiiijiht l»lo\viii}i' Stron>;'. Il.lli; Noon, roiirso N r.T W. Distance 1."),;. Ditt. of hat. s;;. Departure l^L'-S. Lat. by 1), K. .Tio..-)!. Lat. by Ob. .m \00. Dill, of Lon. ;jo.o8. I.ou. in 148.4o. Lon. by Obs. 1 IT.."*?. From San Francisco towards North Iliiuting & Fishing. 27 Day of IMay, ISST. this 21 horns lirst part Strong Breezes & line weathr. at a in lllowing dale took in mainsail and Two K eel t Fore Sail at S a m made land Island of Kadiack Noou light Drifted twords Trintty Island at 8 I'.M. anchord ('alms. 2S Day of May, 1SS7. this 24 hours lirst part Oalui at 4 a m Got niidcr way Noon ('alms Midnight Dito 2!) Day of May, 1SS7. this 21 bonis lirst part t!alms ^\: light naflling winds Noon Dito at S a m anchord iV Kiyayack Day »S: hid water .{0 Day of May, ISST. II. 1 ; \Ninds, S W;"th'is 24 hoiirs lirst part calm •.^ line weathr at a ni got under way tS: proceeded to sea II. 10; Winds, S E. at ;{ P.M. cleare of Land Midnight Calms & line weathr. From San I^'rancisci; towards Noith Huntini'' »S: Fishiny;. |i 'M-^r lU Day of ;\lay, 18S7. 11. 1; W^inds, East, this 24 hours lirst part modrate l>re<'zi' tS: line weathr at 7 a m Itoats out hunting a n fresli BreezestS; fog Boats comeon l)oai^(.(nce .T*. Dill, of Lat. 10. Departure ;;2. Lat. by D. If. r)7o.lo. DilV. of Lon. .".!>. Lon. in l.')20.17. 2 Day of -lune. issT. 11. 1: Winds. N I-]; this 24 hours lirst part Strong Breezes tS: (.Jloudy t!v: iieaxey sea Noon Dit Midnight Dit Course South. Distan-e ;>(f. Dili', of Lat. Mi. Lat. by 1). 1{. .■)(;.37. Lon. in ir»2o.l7. ■5 Day of May (.Nine). 1SS7. 11. 1; >Vinds, N F; this 21 hours lirst pari strong liicezes iS: cloudy iS: high sea Noon Dito Midnight Mini- rate II. 12; Noon. < 'oiir>e', N 4:» VV. Distance 22. Dili', of Lat. 1."). Departure l.'>. Lat. by D. It. .■i()^..,2. Lai. by Ob. .'lO .l.i. Ditl". of Lon. 2S. Lon. in i."»2.45. Mi From San Francisco towards North Hunting iS: Fishing. 4 Day of .Iiine. 1SS7. M. 1; Winds, S lO; this 21 hours lirst part Uainey «S: fresh Breezes Noon Dit. Midnigiil Dito Lat. by 1). It, Mi^Aii. Lon. in lo.J .(»0. 5 Day of June, 18S7. II. I; Wind.s, S F; this 21 hours first part 118 ' J r)3s Ln(i HOOKS or SKAMNC VKSSKLS. I ... it 4|: , :> ■ I • '-■. ir>;;,(K>. ('} Ihxy of .hinc, 1SS7. II. 1; Winds, SW: tliis I'l lnnns first jmit niodr.atc Ilroczf «S: line wcatlicr Hoats ont Iluntinji' Captains Itoat Two Seals Midnight Modiatc. Kat. by l'^..V.. 7 Day of rhino, ISST. II. 1; Winds. S W; tliis L'J horns first i»art modrato P.rci'/os ^: finr wrather lloats ont !» a ni Sfrrtnji' r.rtMv.rs »& sharp sea toolc in IJoats Li*t. by Ob. .■)(!..'!(». Lon. l)y Ob. lijL'.o7. From San Francisco towards Xorth Ilnntiny; & Fishing. S Day of .Inne, 1SS7. II. 1; Winds, S W; this L'l honrs first part, tine weather tS: sino(tth sea. Noon Dito ISoats ont llnnting NO Seals Midniglit fojigcy I^ut. by Ob. ."id .(>•.». Lon. by Ob. l.""*;'. .;!7. t) Day of ,Inne, 1SS7. II. I; NVinds, S W; this I'l honrs tiist part fogey Xoon Dito after noon cleard Boats unt fog set in Boats came, in Midiught fog Lat. by 1). i{. .m.-IO. Lon. in ir»;r'.l(>. 10 Dav of .Ini'O, 1SS7. 11. 1; Winds S W: tiiis L'l honrs first part Clondy '& fo:,ey Noon Dit II. .{ (P.M.) Winds S(.nth. Miibiight cleare & tire weather passed Senied Ishinds at 11 T. 31. Lat. l»y Ob. 5.V»(). Lon. ir»t '..!(►. 11 Dayof.lnne. 1SS7. II. 1; Winds, Sonth: tin's L'4 hovirs first part light airs «!v: fine weatlir lioatli ontlinnting II. 11; Winds, lOast. Mid- night St r<»ng IJri'c/.es & liaineing 11. iL'; Noon. Lat. by Ob. 55 '..)(». Lon. by Ob. 15«»^. 55. From San Francisco towards North limiting & Fishing. 12 Day of Jnne, 1SS7. II. 1: Winds, N K: tins L'l lionrs first \r.\v\ Strong Ilrec/es ^S: Raineiiig at <» a in Made Slu'iiinagin Islands at 7 a in anchori'il in IJeiid »»f ;igia tliick vS: Ifaiiieing vK: Blowing (iaie Midnigiit weather Dit(». l.{ Day of .luiie, 18S7. II. 1: Winds, East: tliis 1*4 hours first part Strong IJree/es vS: tbgey Xooii Cleard got under way iS: proceeded foi' onger wiml light >iidiiight Dito 14 Day of .iniie, ISST. H. l; Winds, N W; this L'4 liuiirs first jtart light airs «S: ealins II. S; Winds. Ninth, at 1 W M. (Captain went onshore at onger .'! V M Started Ibi Coal harbor on N W Side of Island Midnight Calms 15 Day of .Inne, 18S7. II. 1 : Winds, Ncnth; this L'4 honrs Calms & light N VV winds at 3 1'. M. anchord in Coals iiaibi- toed; in coals. '. Day ree/.es tlv: fine weather Noon Dito Mic'.iiiiiht Dito hat. by Ol). T)! '.;;;5. Lon. by Ob. ]{H\^.M). 2.~» Day of .lime, 1SS7. II. 1 ; Winds, North: this 24 hours first i>art Stroiiii r.reezes iK: Cloiidv Noon Dito IMidiiijiht Modrate & fi>gey II.;; (P.M.) Winds, N N W. Lat. by D. I{. .TLK;! Lon. in 1(J7.0!>. "rom San Franeiseo towards North Hunting' & Fishing. 2(» Day of .lune, lo,S7. 1 1. 1 : Winils, N N W ; this 21 h-airs first part inodrate Broo/es »X: fogey Noon Dito hove two Mislnijiht Calms Lat. bv D. R. 54.00. Lon. in 107.20. Lon. by Ob. 1(»7^20. 27 Day of .Inne, 18S7. II. 1; Winds, Northerly ^S: Calms; this 24 hours first i)ait Calms iS: fouev Noon Dito .Midnight Dito Lat. by I). If. r.O.(>s. Lon. in I07..'{0. 25 Day <)f.Iiine, ISS7. this 21 hours first i)art liiiht airs tS: calms Noon Dito lloglsoy Hares W Dis S Miles at I I' M eano iS: 2 Indians Caiiie on board lost schooner Anna IJeck Mi.20. 2 Day of .Inly, ISS7. II. 1; Winds, West; this 24 lionrs first i»art Calm vS: <-loinIy Imliaiis left and went onbord W. I*. Say wood of Vic- toria Midnight fresh bree/es »S: clou.' W; this L»l lioiiis Stimio Urce/.o «S: <'londv »S: lijilit I'ains Nt»oii Dito Midiiiylit Dito liiit. by ]). \t. ."a.i:.. i/on. in \(mn^. 5 Day of .Inly, 1SS7. II. 1: Winds. Wost; this 24 hours Inst i)iiit Stronji' (laics tS: Haiiu'in.u' lu'avy sea inakiiij;' Noon Dito Midiiijilit ino4lrating Lat. by Ob. ."•I'^.ori. Lou. in 1(!S'.4.'>. From San Francisco towards N. Loii.in 1('»7"'.4(>. 9 Day July. 1SS7. H. 1; Winds. S S I'^; this 24 hours lir.^t part Strong (ialos iV: hcavcv sc » \: Kaincmg & fogey Noon Do Midniulit J)o H. 2 (V. M.) Winds, : : !• Lat. by Ob.'r.LOd. Lou. in 1(17 '.20. 10 Day of July. 18S7. li iiids. South; this 24 Inaiis lirst ]>arl Strong BrcM'/cs »S: fogs Nooii ><» Midnight Do Lat. bv Ob. ."»4.(l(». Lon. in KJS.oo. 11 Day of July, 1S.S7. II. 1 ; Winds. S S W; this 24 hours tlrst i)art Strong hroexesiV fogs Noon Do Midnight Do Lat. by D.ll. 54^.2<,>. Lon. in 1(17,40. From San Francisco towards North Hunting. I (. (. 12 Day of July. 1S,S7. II. 1 : Winds, West; this 24 hours first part light airs & fogey Noon Do .Midnight Do Lat. by D. H. 51.01. Lon. in l(iS.O(i. i;{ Day of July, 1SS7. II. 1 ; Winds, S W; this 24 hours first part Strong Bree/e \- log N.)oi: Do Midnight Do Lat. by I). H. 04.20. Lon. in l(i8'^.l.">. 14 Day of July, 1887. IT. 1 ; Winds, S S W; this 24 honrs first part Strong (iaies \- high Sea Noon Dito Midnight Dito Lat. byD. K. o4.24. Lon.in 1(»8.10. l.") Day of July. 1S87. H. 1 ; Winds, South; this 24 hours first part Strong Oales vV: heavev Sea Noon Dito Midnight Do Lat. byl). IJ. 54'J.08. Lon. KW^.'JO. ' ' z 1 T •; ! From San Francisco towards North Hunting. 10 Day of July, 1887. U, 1 ; Winds, South; this 24 hours first part heavey dales ^S: Raineing vS: fog at 6 a m IJun in too Morovosk(>y l»ay to fill water aiichord at 2 .'$(► p in Midnight dale I>lowiiig Still. 17 Day of July. 1887. II. 1; Winds, N W; this 24 hours first part <'leard »S: Calms at ."» a m (Jot under wav. 18 Day of July, 1887. this 24 Inairs first part Calms v^ fog Noon Do. 19 day of July, 1887. II. 1; Winds, S E; this 24 honrs first part HB LOr. HOOKS OF SKA UNO VKSSELS. T)41 Stronfj (Inlos «S: lusivoy Sen. Noon Difco Midnight Do L.tt. by I). U. .71.07. Lon. in H»n..">(>. liOdiiy of -Inly, 1SS7. TI. 1; Winds, S. E; this 24 hours tir.st part Stionj; lircezos & h«'iiv<'v Sea ^: fogov Noon Dito H. 10; Winds, Soutli. Midniglit, Do. Lat. bv D. 14. ."i^.OS. Lon. in liidniglit Do. Lat. by D. R. 'A'^.U). Lon. in 1<)G.40. 2.'> Dav (►f.lulv. ISST. this 24 liouis first pait calms »S: fog Noon Do. .Midiiiglit Do. Lat. l»y I). K. .■i4^22. Lon. in 100.0 Day of July, 1SS7. II. 1; Winds, SW; this 24 hours first part Strong Ib'ee/es «.^ log ^: liaine at a m hove tow seals in site Noon Do. Midniglit Do. Lat. bv D. H. 5P.10. Lon. in 107O.20. ;50 Day of July, 1SS7. 11. 1; Wimls, SW; this 24 hours first part Modrate l»r«'ezes «S: fog ^: lieavev Sea Noon l)o Midnight Do Wore siiip Everv Tow lioures Lat. bv D. U. 54o.L>. Lon. in 107°. 10. ;{1 Day" of July, 1887. II. 1;' Winds, SW; this 24 hours first part niodrate IJreezes »S: fogs Noon Do Moats out Hunting. From San Francisco towards North Hunting. 1 Day of August, 1887. 11. 1; Winds, S E; this 24 hours fresh lireezi's iS: tbg^S: Hains Noon Do Midnight Do. Lat. by D. R. 54.27. bon. in 10(».2O. 2 Day of August, 1887. H. I; Winds, South; this 24 hours first part Strong Breezes »S: fog & Hains H. 4; Winds, S W. 11. 7; Winds, West. NiMMi Do. Midnight Do. Lat by D. 11. .■)4o.28. L<;o..-)(>. ^ •; wnuis, J5. yy. No. 2.— Washington, D. C. July 28, 1H92. L. G. SlIEPARD, Captain Ee venue Marine. Captain's B„.il ■ .Tun e»Uli, 1887. 3 Seala Post Boat AJ, Kig<-M . Marrli :{l.st, April 1, Ai.ril 21, May 11, Juue 0, 6, 1887, 3 " 1 " " J « « X " 1 " 2 " 1 " May flth, 1887, 11, " ^7 2 Seals. 1 •» Bauiu Sea, 1ml iaii.s, June 28, July 1, 10 '« 2 " Slot e Lht , Schooiiei' Anna. March l^Oth, ( >pen(l one Barrel Beef «& Pork April 3id, 2 8 n'k Flour, «, 1 .* u ' 13, 1 U (< '^l, 1 ti J ? 1 i y.« i 1 i 1 t ~* ? nr^ as»««.-.ai. .g«(^'-.=-S ^??M ;t I n 544 Hours. K. F. L0(} IKM>KS OF SKAMNG VK.SSi:r,S. Tiuxduy UMi Civil Tim.' Nniilical Wi'dm^sday 15th Jiiiui /HI Coiufti'i. Winds. LfoW Uuiiiurks. 'IS 1 1 iif t 1, I } r 1 1 o 3 4 5 6 7 8 9 10 11 12 1 2 3 4 (i (i 7 8 9 10 11 12 Lat 1 r M Clfiiifd St Miin H.nliiiiir 2 " stood ill III Nt'iili Kay to laii>; Doc to Ki'l His clotlias Hilt I'aili-d to rrtiini in < utim l)i>rn <"iiiii>i A man laiiio ou Lioard iu the Straits TalooBt Lt 2 2 2 lying too 2 2 NNE W by S Long Calm Calm E S K thick rain Mdnt Cape Flattery S. (S. E. 5 A M Cliii.C Chailry went to Nitnatt to got aiiotlicr man ♦) A M liLiht air tood into Nitnatt to jiitk lip Canoos l(t A M Came alongside Sf|iiarfd away lor Cajic itealf Moon to day tliirk Ivain and nasty sea. Nautical — Thursday KUli .Iiine /87. Hours. K. F. Courses. Winds LW Hemar ks. 1 1 4 \\ l.T N Kstcrl ie Nasty Sea tliiik 2 i W l.v N a K'ain iinshippi'd 3 i West u Davits A (iot Moat 4 >\- by S Calm on ISoai'd ('anie to 5 anclioi in L'O Itlim with 6 Scarsely steering Kedge Sea Heaving in 7 8 9 shore 4 9 I'M a Miee/e iVoin west 10 3 SSW West Hove lip and made sail 11 3 Vide Nastv Sea 12 3 didn't Cape Ileal 1 3 SW ])y S West N l.v W IL' Miles 2 3 1)1)1.' K'.Mdd Musi 3 3 fresh clear 4 3 Vble 4 I'M Do 5 3 SSW (> 2 4 7 2 4 8 3 8 AM Do Weather 9 2 4 NNW Hove ship to N W 10 2 4 10-30 AM Made sail 11 4 12 4 Lat L Dng Course dist N. R. E W Cape IJeal 4« W 125' 13i' S5 W S4 W North 12 6-9 10-0 •Mi 41 23 13 16-3 1 o r\ 16-3 49 -21 ~ ~r25 -54 l.i-u ^~ 36-0 "26^ H. 1 I'l :; ti 1 1) 1 7 1 1 1 10 ;{ 11 :i 12 :! 1 :i •> :? ti 7 8 10 11 12 s u w N 1 K N -1 W ti L<)(J HOOKS OF SKAI.INMi Vi'.SSKLS. Krida.v I7lli .Jihh- /H". 545 CoiirsoH. N N wav N N W ss wnv N l.v W Calm. N W. N N W N s L't)-:5 Winds. West I.w.v Kt'iiiiii'kH lor Vv>A\ Wiiitl iiixltt Nasty Si'ii 1 I'.M I'assf)! in tliioii^h tin- Stailiylit l?tcl« tV Ittat ii|i to i.ooUniif iHlanil ^4tl) to :'>-:») A: Tackt-tl in S I'M DI.U' nM't'i'.l .MiiNJ A stowcil ,lili piinips rliokin;{ Sliip niakinit watn \'l in in tlit V sea liovt' aroiinil I A.M I'nadr all sail ti .\M Calm li;;lit air ^< AM livilit air from S K !» AM .S-t .MnsI Noon \\)i.\\\ airs (rom West West Standing; in towards Clavcout W l.M-7 "2Mr~2t)-3 3-1 21-0 ir.-7 .'-.-3 :j-i l.at IS - ,M 41 4'J -36 l.onK ll'o— 31 i jpjf u .1-*.. t i ■, ( 4v;3i!^- . , i-t fljt Is I '■ ■'•• 513 II. K. s 11) 11 lli 1 • > u i-:i() ■">-u 5 5-2.-. »)- 1 K-;!(t s 10 11 V2 S 5 W :{ W.St Niinv •)') >:j\v 15 t.) 1 r.M Now 20 LOU BOOKS or i«*i;alin(; vksskls. SjiJiiniay l!^th Juir' /87. F. L'oiirsfS. WiiitU. Leowv Rt'inaiks for Mdnt tliick Dri/.ilv rain s W l.v s N s \y Wis W liy \ N W - 1-7 (;-i - «-;i - U-7 1-7 1-7 i:i-o 11-1 I'.ast SE i: s - u'-r> - I- - L'l-l - i2-:> - i(t-i lG-6 '2 PM s I'M came to andior in t I'tl r Nilliaift; Island Went on shorts to .ilorc ltron,i;;lit oil s|or<'s (•ot)k tVc 1 AM •iiii nii(l(M- way &, went to st'a t-;>.t clcari'il the llarl)our Stood out to Sea ")-(! AM tt S-i'O I'm! Iojj; ovor u]> to Noon 1.") miles Mone Isd Claycot l.at l!i-7 Lonjj lL'r»-r),"J IX l!l-L'0 itS-l'T i!t-i:! •KMM) 1(1-17 1!I-L'0 11 4'j-ai 1- 1 !.'(;-."> 120-57 I'B 11'7 23 •T!a«?5?T^5Ca»Obii«««fr:.r«»t# ir. LOU BOOKS ()1<^ SKAMNG VKSSHLS. SiitHlay l!»tli/«7 547 K. ('mirs4's. \V by N VViinls. liWv R.iiiiirks&o Siiiilh Vblc 1 KViiii with \l.l.- \V('!illier A. Nils) V s 4 5 4 3 »" ;i H 3 t ;i :{ 4 10 4 11 ! Mil V2 4 \\ ith 1 5 •) 5 W i> 1 *; 4 4 7 :« 4 1 4 10 2 4 11 2 4 12 VJ 4 ('(iiirsc •list. N 4 W :ii J /' N 5 W 4 N 6 \V 12 21) 1 Seal IJ) Juno \V l.y S iilid oH' and allowed fair wind W 1 N W l)v N W by S •t-SO P^f 3« inilos on th.' log 1 (aix' Co.ilx M.ariny; VVNW 1 \'\ leeway altlion lot! sliowcs r>{) sint'i! Noon 4 AM Ion tit; M Nltlc wiml rain Hi<;li Sea t! AM Shut A Spcaifd a seal i-»; ;i(t-s Hi-l is-r> lowt'iTil a canoi' to |nck S(|naliv N:iNt\ Sfa rniiin;;- H AM i'»o W.atliir Noon slidwerv willi \'1>!.' winds liiiii lip ti2 - :io .o- KAl I, on W 24 11-1 vcstilv Lat lit -20' 12t> -.'7' n lit Ui-H 4-4 21-1 soon ti2 - ;{(» 10 :.(i -i(t 2.H- fi2 - 40 SM) - (H) 27 - 20 2;{ - 2(! no - 40 2(> 19 -r>l 127 -2S 41 12f< - 7 ff. 'Ei'usud in uii^jinul. f^ffl 1 < - .( I '»!' 548 M;-4'". I T i'! .1' i t'i : 4 i ' ^1 i.oi; nooKi^ OF sr,Ar,iX(i vkssels. M.mdav L'Olli /S7. 11 K F ('inirsrs Wiii.ls Lw Ri'Miiiiks (Sn: I :< ■I w hyS Soi nil I'M a nasty sea showery •) ;{ 1 Vble PL It '{ :} 4 I 3 t (t 1 1 4 4 GPM Triaiifrl.- Isil NNH 7 r» 4 Molt! inodtTato sea goinjr dowii 8 t) 7 4 8 I'M :r> ]) L slioweiy witli nasty llaad sea ;join>j ISows 10 7 in ( Utcasioually 11 7 V2 7 Md'.i; tliielx rain PI. (.3 1 7 West a nasty sea sliij) making ■) 8 water :1 8 1 8 4 AM I)l>li' reefed Mnsl 5 7 4 I'L i! 1 in 7 ti 8 AM lifsli wind Riitl !i toping s li Sea s iiiiii'Vii; Dcoasional •t 7 WutiT i LL'O 10 7 11 7 30 Noftn 11 \y I'L -,{) III 1-' 7 \V:it( ii l.-> ni slow eleared otV Put cloiiily Lat ol.s.-.l -3.'. \ conectil " .")! -31 Long 132 M2' " 132 -15 Tuesday 2l8t /87 H K ]' ( "onrses i 5 W.St 'J ."> 3 ,") 1 4 li 4 D 15 (i ti 7 li 8 li «,t ."» W l.v \ 10 .") 11 4 12 4 1 8 •» 8 West 3 S W In N 4 8 t; 8 8 7 7 8 7 () 7 111 :«» 7 W \ W II 7 N\V l,v \ 12 (i Lat 53 -23 Winds Lw I'eiiiaiks I'M .lark .londy Sea going down 4 PM Do 2 I'M tliick nasfv sea 7 I'M 111. If j.etd Mnsl 8 I'M Hi inihsi'lear Mdnt li:; M West 11 III' 4 AM Cleril l'l,i>7 ue 8 AM PL 10 AM Wind v.. iin- to SW PL II 10 :tii Ml! N'linii ilnndy |iii)ii|is N'liiin l'>'> attended til litiiiii: new jib peiinuni L.ihg I3.>-3'J ft •' is 11 ic 1 i •> 1 I 1 LOG UOO K ('(llll'StH N N W KS Ol' SKALINCi VESSELS. Wtdncsdiiy -'-' , ><7 )40 Winds liWy RtHiiiirks 1 1 s :« I I NW 10 t 11 I I 7 ;> I ;i (> 10 t! 11 t> 12 l> H K 10 II 12 NW by N N W Lat 5.") -38 5- -:i7 West I' M l -!«' NV Var 2 k Hiistly Thursday 2 ?rd /M7 y Courses NW Winds I.wy wsw K'miarUs PM lino woathor and smon th soa sot tlio main sail 4 PM lino (i I'M 1>.. PM lid vooriuj;- wostly PI. •I I t WNW 10 I I 11 I 12 1 I M W l.v NAN 1 W N W :( 1 W by N Lut olis Ti" 2(1 \ ; -21 Li„t PL 70 sliowory willi a littlo extra ^^ ind at tino ~ 2 AM 7H 1>" weatlu r 4 AM S(|uall.\ w illi laiu 8 AM Pli !'7 li,iilil winds rain 10 AM loweiod eaiKte lit sleeper Seal I'L Ittit Calm liiiiit rain l.oii'i i:t7 -.".Oa/o \M -2;t Cliar Var 2i lastly. Wi r^it Jt^f ;t!i , M < i« ' i. ->» i-E'f!?? l> M ,i • i il : i " 1 c'lii f ) / ooO 11 K F Courses 1 W S \V 2 «J 4 5 B 7 8 S» 10 11 12 1 2 3 4 It ssw 7 1 X it 1 SWiS 1(1 11 1 1-' 4 I.at 57 -21 N \o oils LOG HOOKS OF SKAI-INO VKSSKL!?. Fridiiy 24tli /S7 Winds l^y KeiMiirks I'M li^lit Kasfciiy jiirs Calm 4-10 I'ut out r Loff 8 I'M toitk main sail in Calm Nastv Sea Midiit Calm jtlonty of wakeful soal aiouiul 1 AM a li^rht air set mnsl West s AM a li>;ht Rice/o with rain Vble 10 AM all ranoes wont out rt'tnriifd Xoiin li^lit winds ihw LdUK i:W -(J W Vur I'i Kstly Jack 2 Seals Ketsatne A OiMtor .J(isi'|»li 1 iV 2 jiiips Jark 1 Seal Nifnat ) Dotkawa A DalbmatU JellllV 1 |>U|l .(enny 'I'linniiisdii ;{ Seals Old Som li Seals 1 iiuii Saturday 2r.tli .Tmii.' /s7. H K F Courses Winds 1 ;{ S\V )),v S W.WV •J :{ :{ ;{ 1 ;{ ."( •> Norlh Calm.s t; •} S\V In S 14 ii 7 1 • ( X 1 SSW (( It II) II I r- 12 1 Mdnt 1 ."> S by W •) i} 1 r» t; 1 1 7 1 ;» 1 1 Ki 1 11 1 12 1 Lat r>G - 40 hwy Kemarks Ail canoes out retiiined at ."> I'M lijilil winds West to Talked to ]dik n]) a eanoo ri. II M ^^ind It dont re;;ister Calms ]'I2() line li^r|,t jiirs iV C.'iiiii 4 AM I'L Id Do W.iitlier M AM Do not any seal altoiit Noun ( 'iilm o\ ereast «.V dull Siwaslies rr|i;iiriuf» A 'elitl ii:y; eainies I'l:.2 Lonj; pf<» i;i!t - II) No Oils Var 2 J 13 ■^■^•^-"•'* '■^"" LOU BOOKS OF Si:.\LI\(J VESSKLS. 551 Siindav L'litli /H7 1(» 11 1 1 Coiirsi'H S by W South J NNV l.v W I W N \V \V S W Winds W.>t Vl)k S W la!o KeiiiarkH PM \\w. li^'lit air of wind all possiltlr sail set WlialfS alioiit aixl a solitarv seal (Mcasioiially ((MTcaHt cldiKly 8 I'M I'LL'.". !t I'M Tackcil l<» N\V Wiud Vfiy \h\v (I'M-'X) Mdnt Cloudy f i! it ■ l(t 11 12 S K S\V by WAW 4 I'M 50 an inr» W Ko Observation Var 2 A I'ts Kastly .fU- H Monday L'Ttli .Jnnf /ST. C'onrsi's Winds SW by WiW SE SW J'wy I arks I'M a soa risinji with Ircsh wind atlindcd with rain 4 I'M I'l. 30 Wind ligiitor |r '« (, 10 11 Mdnt .'alms PI., 50 4 AM l>o Wtatlior 8 AM Calm PL HI 11 12 Noon Calm lii>ht air Vhir, ri-t>>! Variation L'i pts Easty. Lat 55 I'JN Lonji IIJ - o3 \\ ■1; J' : i^ h*-!, '• N». ill 1 n r 552 II !.()(; IJOOKS OK sr.ALINC VESSKLS. H K F ( 'nurses 1 2 W fi w *> '> ^ ;{ ;{ Wfst 4 :: i) ;{ (I ;{ 7 ;{ 4 « •.i <) (i W l.y S 10 t; 11 t< IL' ti 1 •< 4 S U' ') •) ;i •) 4 2 SW by A\ j> •> (i •> < 2 « 2 !) 9 10 2 11 •) 12 2 Winds I,y NV.'st I'M thirk liiiii Vl.li> Ki'iiiiirk!! 3 •) 4 • > it • > (i V) 1 S 2 •> 10 •> 11 •} 12 •J 1 ;{ *> ;{ ii :{ 4 3 r. 3 • > 7 3 s (1 3 10 .1 4 11 5 12 G 4 I'M I'L !»,< tlii.kiain X I'M tliick rain liijlit wind I'J. L'3 M.lnt I'L 40 4 AM I'L 4!t (Jliar Noon PL fil (hie winrls lijilit \l>Ic sfcn no srjil.s AViinl very vaiialilc Variation !'.< I'ts Kastly Lat 56"- 11 Lon-i 11.-) -:.l W W.dncsday !'!» .Innc /87 CoMiscs. 1<\V West s w W S W Winds Lwy h'tinaiks ^ ^'^ I'M tini- wind Ii},'lit A- ^'ldt■ Mn Mooni ro)>inj^ lilt gave awav aJKo JDWered and reeld Miinsail A I'oie.sail t* I'M I'L 15 Miliit I'L L'5 31 Showery I'L 10 tine « I'M I hick rain 8 I'M I'L 54 Itanip eloar Nonn I'L 75 Dull ovenaHt Lat ol.s5»! - t; N LonL'i',, 147-58 iJc 5(J -17 W K , . o Vn I'i l't« Kstly •^« * LOG HOOKS OF SKAMNG VKSSKLS. Thiirsdiiy 30tli /Kl 553 II K CttlllKCS WiiuU 1 5 SW l.y W NK 1<» 5 North 3 5 4 5 5 "i W S W 6 r> 7 8 9 3 SW by W 1(» 3 II 3 •J 1- I 3 2 3 3 ■1 3 3 .> 2 4 fi 1 4 7 1 4 s 1 4 it 2 4 1(1 2 4 II 2 4 12 2 4 Lwy hV'iiiiirks I'M tine overcast soa smooth no st-al.H about 4 I'M V\. 21 lestowiiig pi'ovisious 8 PM 45 I'L C'h)mly 4 AM PI. 70 « AM PL 77 Overcast wind lit almost calm Noon Overcast I'l 88 Friday July 1st /87. 11 Iv F Courses 1 3 SW 2 3 3 3 1 3 ;") 4 (> J 1 • < It 1 1 1 w s w ID I It I 12 3 1 T) 4 2 5 3 5 1 ;■) 5 () SW bv W () *> SW 7 t; X (> I) r> S SW 10 5 S by W A \V 11 5 12 3 NW 4 N Winds liWy h'cmtirks I'M tiiii' Clear llorisou Skv cloiidv wind light Pi 14 M 8 I'M PI 28 Mdnt |d 43 4 AM 65 8 AM PI !M) 11 AM PI 105 tacked (oN W Nooii tine cold dear with a nasty shmt Wstly Soa 0' i ro F'i' Hi i ,'l ; I '. \l f V > 'if ^ b:A II K 1 I I r> (i 7 8 !• 10 II 11' 1 •» ;{ I I.(Hi I'.OOKS OF SKAM.NG VESSKI.S. Silt unlay IM /H~ i> (i 7 <( 10 11 12 \ 1 w s -J 1 : N 7 \V hat Xouii 7-ir. AM Kock 2 in 10 .v.- 1 J r ! li ft I M (i LO(i HOOKS OK SF,AIJX(} VKSSKLS. i)i >i) H K t 4 ■2 l 3 :io I Siiiiil!i\ .Inly :!(1/S7 swi.vwav S \V SW by S hct'W.V |{fiiiiirk.s I'M 11 iiiil VITIIlii S w.ikf sciils triivelin;; •I I'M Hi iinc wind vccriny to S I] (Mass stiiinling to 21»-:{(> (itlMTllllv tlily 8 AM i'L:{r> 10 11 12 10 11 12 it 59 c; ?•;; ^ 9 ■■53 x> 10 I'M IH)lr iv.-fd niusl Mont no niilt's PL 2 AM Siiw tin- l.nina