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Tous les autres exemplaires originaux sont filmAs en commengant par la premiere page qui comporte une empreinte d'impression ou d'illustration et en terminant par la dernidre page qui comporte une telle empreinte. Un des symboles suivants apparaitra sur la dernidre image de cheque microfiche, selon le cas: le symbole — ^ signifie "A SUIVRE ', le symbole V signifie "FIN". Les cartes, planches, tableaux, etc., peuvent dtre filmAs A des taux de reduction diffArents. Lorsque le document est trop grand pour dtre reproduit en un seul clichA, il est filmA A partir de Tangle supArieur gauche, de gauche A droite, et de haut en bas, en prenant le nombre d'images nAcessaire. Les diagrammes suivants illustrent la mAthode. 1 2 3 4 S 6 BEM [In continuati contaii f^ Pres, m C.t3S jcrr UNITED STATES. No. 3 (1892). FURTHER CORRESPONDENCE KISPECl'IMO THE BEHRING SEA SEAL FISHERIES. I [In continuation of "United States No. 2 (1891):" C.6368; and including the Papers contained in " United States Nos. 1 and 2 (1892) :" C. 6633 and 6634..] Presented to both Houses of Parliament by Command of Her Majesty. April 1892. LkiS LONDON: PRINTED KOK IIKU MAJESTY'S STATIONERY OFnCE BY HARRISON AND SONS. ST. MARTIN'S LANK, mlHTIH IH MDIHAMT TO ■■» If AJ»TT. And to be parchiaod, either directly or thronuli «ir BoolueUer. from JCTRI AND SPUTTISWOODe. Eait Hahdino Ktrht, PitiT Stbht, E.C, and 32, AiiNGDux Stseit, Wkitminith, S.W. ; u> JOHN MENZIES St Cn., 12, HAKovia Sraiir, EoiNiuaaB, amo SO, V'liT NiLK Stbiit, OLAiaowt oa HODGES, FIGCIS, k Co., 104, OiiArroii Stmrt, Uvilim. I. !,■ I i 5 ' h ilii ' I TABLE OF CONTENTS. ?'{ No. 3 3 4 S n 7 8 9 10 11 Name. 13 14 13 IG 17 18 19 20 91 22 33 24 25 2G 37 28 29 80 Sir J, I'auncefote Mr. C. Hawkina ., Colonial Office '.. If »» •• To Sir R. Morier To Sir J. I'iiiincefote.. Sir J. Pamicefote To Sir J. I'auncefole. . To M. de Staal Sir J. I'auncefote To Sir E. Malet bate. 12 Sir K. .Morier Sir J. Pauncefote To Sir U. Morier To Sir J. Pauncefote Sir J. Pauncefote 1 Apr. 15, 1891 29, May 27, 29, Telegraphic .lune 2, Telegraphic- Telegraphic Telegraphic z. 2. 2, 2, Telegraphic 3, 3, Telegraphic 4, Telegraphic 4, Telegraphic 5, Telegraphic 3, Telegraphic 6, Colonial Office Sir R. .Morier To Sir J. I'aunieCoic Sir J. I'auncefote , ,1 If • To Sir H. Morie.- . To Sir J. Pauncefote. Sir J. I'nuucefotc Sir K. Morier To Sir H. Morier . To Colonial OHice , IVIeRvaphic I'elegraphic 31 To Sir J. Pauncefote. May 28, June 8, 8, 8, Telegraphic Telegraphic Telegraphic IVIegraphic I Telegraphic ! Telegraphic Telegraphic Telegraphic j Tclegrapliie Telegraphic | 8, 8, 9. :o, 10, 10, 10, 10, 10, II. SiBJECT. Note from Mr. Blaine of the I4lh .April, wiiji alternative suggestions for Arbitration Con- vention Information as to killing nf seals, and risk of extermination of the species Advises joint inquiry into whole question of scaling at sea and on laud Canadian (iovernment agree to modus viremli on cerlnin rondiiions . . To ask liussian Government if they would ynn ill proposed moihi.i vieendi Proposes terms of mndu.i rtvendi Possi'ule ohjcclions to cliiu«p 1 of above proposal Answer to No. 1. .Accepts first five points pro- 1 ]ioseil. Alternative for sixtii point and j suggested compensation clause ..i Asks consent of Russia to temporary suspen- sion of sealing Answer to Nos. 6 and S Coinmiiuication niado to United States' Government Is German Government sufficiently interesliii to be invited to concur in suspension of sealing ? , . Answer to No. 5. Russian Government h.-ive not heard from United States' Government on the siiliject of modui livendi . . Answer to No. G. Alternative proposals of United States' Government for terms of modus Vivendi Refers to No. !2. Would be glad to know views of M. de Giers .. Answer to No. 13. Observations on United States' proposals Answer to above. Terms of modus vivendi as finally proposed by United Stales' Govern- ment Note from United States' Government asking for early reply to their communication of 4th .May proposing modus vvendi, and reply thereto Protest against vicdus vivendi from British Columbian Board of Trade, and proposed reply Views nf M. lie (liers on modus vivendi Answer to No. IG. Her Majesty's (iovcni- ment will assent to modus vivendi in teiiiis of follo.ving No. Terms of modus vivendi . , Draft of niorfi/y vivendi delivered to Unitpil .States' Government ,, ,, .. Reply of United .Slates' (rovernment to above. Further alterations desired Grounds < n which Russia is asked to forbid seitling this year ,, Answer to No. 23. Assents to alteration of Articles 2 and 3. ArrangenuM'.t as to Joint Commission cannot be left in doubt Refers to No. 23. Recommends acceptance of first four Articles with alterations luggesteil Insertion made by United States' Governnu'iit in Article 2 . . Refers to No. 24. Could Russia stop British sealers ? Answer to above in affirmative Answer to No. 1 8. Concurs in proposed reply to British Columbian Board of Trade To obtain written assurance as to Joint Com- mission before signing modus vivendi 10 10 10 Colonial Of 11 50 To Sir R. A 12 ol 3:' To Colonial 5i ^ir J. Paunc 13 Vi i4 To Sir J. Pa II a, Sir J. Paunc u 56 •» t 14 57 Sir E. iMalet IJ 59 To Sir J. Pai Admiralty . . }:\} TABLE OF CONTENTS. m Xo, 32 3J 34 35 3G 38 Sir J. Pauncef 39 11 >i 40 » t) 41 Sir II. Moricr 4-' Sir E. Malet Sir J. Pauncefote To Sir J. Pauncefote Colonial Office . To Sir J. Pauncefote Sir J. Pauncefote To Sir J. Pauncefote., I Date. 43 Sir J. !':uiiifcfotf. 44 Admiralty . . 4.1 To Sir R. Morier 4C Sir .1. Pauncefote 4.^ It 1' Colonial Office To Sir K. Moricr )i i» « • To Colon iul Office .. Sir J, Pauncefote I'o Sir .1. Pauncefote,. Sir J. Pauncefote Felc^inphic i'l Sir E. Malet To Sir J. I'auncefote Admiralty .. Council Office Sir K. Morier I'o Sir G. Baden - Powellaud Dr. Daw- son Sir .1. Pauncifolc .. Telegraphic I June II, IS9I 12, 13, Telegraphic 13, I I'clegraphic 1,' Telegraphic 14, Telegraphic { 14, :5. 10, 12, I.i, 16, 17, 9. 9. 17, 18. 18, 19, 19, 20, 20, 21. 12. 18, Telegraphic | Telegraphic I'elegraphic Telegraphic 28. 22, 24, 24, 24, 16, 16, SUQJECT. r572] Page Answer to above. United States' Government will sign Agreement for .Joint Commission sinmltaneously with Arbitration Agreement.. 16 Answer to No. 17. Approvet reply to United Stales' Government , .. .17 Telegram to Car.nda askini; views as to selection of liehring's Sea Commissioners . ..17 May sinn modus vivendi Agreement on under- st.andin..' that there is no delay in appointment of Joint Commission ..18 Answer to No. 31. Reply ot United States' Government as to Joint Commission. Pro- poses to sign modut vivendi Agreement .. 18 Answer to above. Authority to sign modus vivindi .. ,, ,. ..18 il/o(/u« vte«n(/i signed .. .. ., 18 Memoranda delivered to United States' Go- vernment respecting modus vivendi and Arbitration Atrrceinents .. .. 19 Note from United States' Government of the 4th June respecting >no(i{uj vi'i'enc^i .. 20 CommunlcutionN with .M. de Giers respecting modus vivendi .. .. ,, 21 Answer to No. 11. German Government not sufficiently intercr.teil to lake steps for obtaining .issent of Reichstag to modxts vivendi Agreement . . . . 23 Prorlaniatiun of President e'mbodying modus vivendi . . . . . 23 Telegrams sent to t'ommauder • in - chief in China and Senior Naval Officer at F.squi- malt ,. .. ..23 Conversation with Russian Ambassador as to suspension of sealin;: .,25 Memoraimuin delivered to United States' Go- vernniem respec'iiuir morfu.* MCfnrfi' .. 25 Note of th> (iili June from U.iited States' Government re'pectini; morfw.? t'irenrfi' .. 26 Protests a;,'ain.st modus vivendi from Board of Trade ami premier of British Columbia, and from owiiers of sealers. Proposed reply .. 28 Refers to No. 34. Hiply from Canada as to British Commissioners. Concur in selection of .Sir 0. Baden-Powell and Dr. Dawson .. 29 Sends copies of text of modus vivendi. Copy as signed will be sent for communication to Russian Government .. .. ..30 Approves proceedinjjs as reportoil in No. 41 . 30 Answer lo No. 48. {'oncurs in proposed reply to protests from British Columbia ..• 30 President returns to Washington on 23rd June, when f.egoliations will be ri'sunn-il .. 30 Approves Memoramlum to United States' (jo- vernment inclosed in No. 46 .. ..31 Summary of instructions to United States' cruizers under morfM.v i'iBen(/i . ..31 Correspondence with United States' Govern, ment respecting TOorfu* uit'endt .. ., 31 Refers lo No. 42. Modus vivendi will be pub- lished in official Gazette with injunction to German subjects to observe Re^iulations . 3.5 Summ.iry of instructions to British cruizers . . 35 Coi)y of instructions to Senior Naval Officer at Esquimau . . . . . .. 3C Copy of Behring's Sea Order in Council Asks if Contracting Parties to modus vivendi .Ti can seize vessels or persons other than British or American .. ..37 .•Appointment us Commissioners, and general instructions .. .. .. ..37 Notes to United States' Government as to condition on which mcdus vivendi will be signed .. .. ..38 jfludus vivendi Agreement aa signed . . 39 a 2 i 1 li>';lrj 'i I ■■■il TABLE OF OONTEKTS. Mo. I N«mc. I 65 66 Sir J. Paiincefote . , 67 To Sir R. .Morier . , I 68 I To Sir J. Pauncefote. C9 I Sir J. Pauncefote 70 71 To Sir J. Paiincefote., 73 : Sir J. I'annrefote 74 I To Sir G. Barten- I Powell an J Dr. Daw- son 75 Sir R. Morier I 7'> I Sir J. Pauncefote I " I „ relegraphic Telegrapliic ' I rele^raphie : Telegraphic I Telegraphic ' Telegrapliic 78 79 80 I It 11 I tt If To Sir J. Pauncefote. . 81 Sir J. Pauncefote S2 Date. Telejiraphic June 16, 1^91 2-', 2.5. 26. 26. . 26, 26. 26. 27. 27, IS. 21, 1 23, Julv 4, 83 84 Sir G. Baden-Powell To Sir J. Pauncefote Telegraphic \ 5, June 'J6, 26, Telegrapliic j July 6, Telegraphic i 6, Telegraphic 83 I .Sir J. Pauncefote 80 I To Sir G. BuHen- I rowell.md Dr. D:iw- I , fOll 87 , Cooiii.ll Office S8 I To Sir K. Morier .. Teligrapliic 89 Sir .1. I'niiiicel'ote ,, ao 9-' 93 lo bir J. raiiiiccfote. . Telegrapliic 5 To Sir H. Morier Co'iinial Ollice •> June 27. Julv !), 3. y. Subject. Proclamation of President giving effect to moduli vivmdi Substance of note from United Stales' oovern- mcnt of 2')th June respecting Arbitration Agreement (see No. 82) Answer* to No Gl. Powers of seizure under niuilii.i Vivendi Agreement confined to siii'- jects or citizens of tw? Contractins Powers To obtain leave for British Commissioneri lo visit IVibyloif Islands . Leave to visit Pribyloff Island* will lie sent to-day Letter received giving leave to British Com- missioners to visit PribylofT Islands Itefers to No. 56. Approves notes lo United States' Government Copy of telegraphic instructions to Urii's.h cruizers (see No. 44) . . Suggests compensation clause, and proposes to sound United States' Government respecting it .. Informs of permission to visit Pribyloff Islands . , . , Question of Russia joining in m-^dua vivmdi still under consideration Copv of instructions to United States' uav.il utKcers Correspondence in " \\'aBhinpton Post " ami " New York Times," containiii!,' protest of North American Commercial Company against limitation of seal catch . . Memorandum of instructions to British criiizf rs delivered to United States' Government United Sintes' Government are about to anpoint two Commissioners to visit BehrinL''> Sea. hugncsts that they should make observations jointly with British Com- missioners . , . . . ■ . . .Answer to above. Ship already engaged to convey British Commissioners. They wiK be instructed lo co-operate f ith United States' Conmiissioners Interview with .Mr. Wharton, and pnslponeneiii of nes!otiatluns till return of President to Warhington ., .. .. .. Note from United States' Gover:imenl i,f lie ■Juth June, with proposals for clauses as lo close season and compensation, and form it Joiiit Commission .Agreement Asks for permit lo vi§it iiua^ian islands Approves compensation Article suggested iii No. 73, and accepts 6th Article as proposiil bv United Slates' Government Ash's if Joint Commission Agreement i^ accepted by Her Majesty's (lovernmeni Copies of No». 79 and 80. I o co-operate a> much as possible with United States' Com- missioners .. Sends supplement to Annual Report of Cinadian Department of Fisheries calling attention t.i passaijes respecting seal fisheries . .Asks permission for Uritish Commissioners lu visit Kussian islands Itefers to No. 58. .Memorandum of in-iiin'- tions lo British naval officers acknowle'l};iii by United States' Gnvernnient .\nswer 10 No. 85. Joint Commission Atn. - ment accepted by Her Majesty's Ooiern- ment •• •• •• •• Sends copy of modus iiVenrfj Agreement Telegram fioni Governor-General as to miivi"- mtnts of British Commissioners . Telegram sent to Governor-Genera! in reply lo above ., .. i'ace 40 ■)■-> 42 .'0 55 1 r4 I To Sir . 'JO ' .Sir J. P 1 Sir R. .^ 1 » .t 41 1 1 99 To Sir J 41 1 lOO Colonial 42 101 T,. Sir l{ 10.' 1 Color •12 103 Sir (;, 1! '0 :o4 Sir It. .M 1 41 ;o,5 To Sir It 44 !0C ISehring's mission 4i; 107 ti 4S 10- Colonial ( lO li< tiling's 4!( missioni 110 Sir J. Pau 11.1 To Mr. Fr 114 !^ir R. .Mo Hi To Sir J. f 116 .Mr. Howa .^0 52 1.7 To .Mr. H( V3 lis Sir J. Paul ■-■1 l!9 Mr. Howai I'.O Colonial Of 12! Brhring's n'i«8ioDei jj ;22 To Sir J. P '■•!3« Sir G. Bade l-'4 Sir J. I'aun ,,,,-..JSi: TABLE or CONTENTS. Rig. \Q 42 -0 41 U ■IC .No. Name. r4 I To Sir ,1. Pauncefolc. . 55 ' .Sir J. Faunnefote 9C ■ Oilcinial Offici" ;)7 Sir R. Morier Telegraphic Telegraphic ;i8 99 To Sir J. Paiincefotv, . Telegraphic 100 Colonial Office Ifll To Sir II. Morier .. i I0> To Ciilonia! Office ..' .. I 103 Sir (i. liadeu-Powell. . I ,, :04 Sir It. .Morier .. Telegraphic 10,i To Sir H. Morier !06 Iiehriiig's Sea Com- missioners 107 Ml- Colonial Office 1(3 IMirinp's Sea Com- missioners no Sir J. Pauncefolc ill Date. July 10. !R91 10, 10, 7, 11.1 To Mr. Fraser 114 Sir K. Morier ., 1 1 ") To Sir J. Pauiieefote . . WO Mr. Howard Telegraphic Telegraphic Telegraphic sled 1" b'i 1.7 To .Mr. Howard ropost'il hi lis Sir J. Pauncefole ii'ni H LMIt y: l!9 Mr. Howard craie as ; s' Com- , I'.O Colonial Office .. '.ina'ii:iii 12: Uehring'a Sea Com- llllOM M J3 122 nii'iionera To Sir J. Pauncelote,. Telegraphic oniTs m jj 1 iii-tiiii-- nwleil^'i''! :c 123 ». 11 •• Telegraphic 1 \.;n'.- Tovern- nt 35 I14 Sir G. Baden-l'onell.. Sir J. Pauncefolc Telegraphic Telfgraphic lo IIIOVP- Jf replv III oi 1 13. 14, IS, 15, 5, 1". 17, 7, 7, 21, 9, 14. 23, 24, 22, 27, £9, 31, 24, 29, Aug. I, July 16, Aug. J 2, 22, 23, Si)B.rKCT. i-ll Page Informs of above leli'srnirs .. .. Oijcussion as to compensalion clause. Inquiry of ihe Pie«ident, 3ud proposed reply •. .Assent of Her Majesty's (ioverunient to Hii>siau proposals cnmlliinnal on the aarce- ment of the United States ,, .. .M. de Gicrs' reply to notes trausmitlcd in No. 41 .. ■ .. .. Copy of note to .M. de Gicrs in the sen«c of No. 88 .. .Approves No. 95 .. .. Copy of despatch from (lOvernnr-General of Canada, inclosing letter from British Columbia Sealers' Association, setting forth objections to the passing of the Behring's Sea Seal Fishery Act. Proposed reply to Governor-(i eneral Approves action reported in No. 98.. CoTicurs in reply to Governor-General as pro- posed in No. 100 Paraphrase of telegram requesting permit to visit Itiissi.in islands .. .. Int.. ructions will doubtless be sent to Governor of Vladivostock to grant facilities to our Commissioners , , . . Acknowledges No. 97. Her Majesty's Govern- ment do not think that such an arrangement as that proposed by M. de Giers would be desirable ., ., .. ,. Acknowledges No. 62 ,. ,. ., .Acknowledges No. 74. Copy of letter from Treasury Department, Washington, giving permission to visit the PribylofT Islands Copy of despatch from (iovernoi-Qeneral of Canada reporting the nublic.ition of the Agreement for a TOorfiij iiirsnrft .. Information required from Japanese Govern - menl .. .. Copy of noie to Mr. Wharton in sense of No. 99 Refers to No. 110. Summary of note from United States' Government (Inclosure in No. 117, in/» a.) Asks for information requested in No. 109 Copy of note lo M. de Giers in sense of No. 105 Approves No. 110 Uef'ers to No. 104. Itussian Government have given necessary permisjicn for British Com- missioners to visit the Russian seal tisheries , Acknowledges No. 115. To thank Uussi.in Government .. .. ,. Copy of reply from United Slates' Government to note of IJ-'tti July (sent in No. 110) Refers to No. 115. Copy of note from M. de Gicrs Copy of desp.itcb from Governor-General of Canada on .Mr. Hawkins' letter (No. 2) Report of proceedings . . Refers 10 No. 1". B. Her Majesty's Cinvern- nient launot accept ilorlrine im|.lird in niodi- ficatiou of the Vllth Article as proposed by Mr. Wharton I To recapuulate (i rounds on which Her Majesty's Government cannot agree to modification of Article V'll as expLiined in above, and make new proposal . . Take of teals is in excess of 7,500.. Is writing unofficially to Acting Secretary of Stale in sense of No. ti3 .. 57 57 58 59 60 60 64 C4 64 64 65 66 6.5 66 68 69 69 70 70 71 71 71 74 74 76 ;c 77 ■,7 S! * I' 1 I I VI No. 194 126 127 12S I2y 1 30 131 132 133 134 13> 13G 137 138 139 140 141 1-12 143 144 14a 146 147 US 14D no 151 152 183 154 155 136 137 iSS TABLE OF OONIKNTS. Nnii Da If To Sir J. Pauncefote., ITelegrapliic Aii(f. 26, iS91 Sir J. Pauncefote Beliiing's Sea Com- missioners Sir J. Pauncefote . . iTclcgrapliic Colonial OfRce To Behring's Sea Com- missioners Sir J. Pauncefote Si.- G, Bi'.dcn-Powcll Sir .1 PaiiiR'efoie relfgraiiliic niegiaphic To Sir ,1. Paiiuoi'fnti' . j Telegraphic Colonial Office ,. j 1 Bohritii;'- Sea Com- niis.i'o. 142. Second clause suggested by United Slates' (iovernment accepted Asks if Joint Commission .Article ina signed .Answers above. .May sijn Joint Commission Article , . ' Reply of Unileii Stales' (iovemmenl respecting excessive number of seals taken, .ind obser- vations thereon . . . . .. Letter from .Mr. Wharton pressing for replv to United Stites' Goverimient's note of tlie •23rd July (see No. 137) Interchange of notes recording adoption of seven Articles of .Arbitration .Agreement , . To thank Russian Government for reception of British Commissioners on Russian islands Memorial from British Columbian Sealers' Association . . . . . , Ollicial reply sent to United States' Govern- ment in reply to their note of 23rd July . . Return of Behring's Sea Commissioners to Ottawa . . . . , . Copy of reply of United States' Govcrnmenl respecting excessivo iMimber of seals taken (see No. 147). Asks for observations Acknowledges Memorandum on limitation of seal catch (see No. 143) with thanks Proposals by .VI r. Blaine for constitution of Tribunal of Arbitration Report of proceedings. Investigations com- pleled Observations on excessive numlier of seals killed on islands 77 I I 78 79 SO SO 82 S3 88 88 89 89 90 91 92 may be No. m I GO 161 162 163 164 165 166 167 168 169 1/0 in 172 173 174 175 Behring's iiiissinn Sir J. Pai To Colon! ■Po Sir J. To Beh Commis .Ailmiriiltv Sir J. I'i To Adniiri Sir J. I'aii To Sir J. 1 Sir J. Paul To Sir J. P Sir J. Pann 93 176 Behring's missioner 93 97 177 178 To Sir J. Sir J. Paun 97 97 179 180 Tn Sir J. P 97 181 Sir ,1. Paunc 101 1S2 „ 102 102 183 184 185 To Sir J. Pa Sir J. Paunc To Sir J. Pa 102 IS6 Sir J. Puunc 105 187 " » 106 188 " I, 106 107 189 ISO 107 191 \ • ' ,, 107 :os TABLK OF CONTENTS. VII So. 159 IGO 161 IG'2 163 164 I6S 167 168 169 170 i;i 172 173 174 175 17G 1" 178 17!) 180 181 1S2 1S3 184 185 1S6 187 189 ISO 181 Name. Hi'lirin|f'!i So.i Coiii- iiii'sioniTs Sir J. I'amicrfoli^ To Colonial Onici- , To Sir J. Pauncefole. To Belirinu's Sec Comniiiisioiicrs • I t» AilniiruUy .. Sir J. Paiinccfoli- To Ailniirally Sir J. rauiicefoip . To Sir J. Paunccfote. Sir J. Pauncefotc , To Sir J. Paunccfule., Sir J. Pauncefole Behrins's Sea Com- inissioners To Sir J. Paunccfote Sir J. Paunccfote . . To Sir J. PauDceCote . Sir ,1. Pauncefole To Sir J, Pauncifole., Sir J. Paunccfote ,, To Sir J. Paunccfote,. Sir J. Puuncefote I'l'll'^l.Tpllic ri'legrn|iliic Telegmphic I'elegraphic Telegraphic Telegraphic Telegraphic Telegraphic Telegraphic Telegraphic Telegraphic Telegraphic Telegraphic Telegraphic Telegraphic Oiilp. Oct. il. ISUl Nov. 0, 6, 6, iO, If. 19, 21, 22, 13, 24, 27, 29, 23, Dec. 3, Nov. 25, Dec. 5, Nov. 27, Dec 27, 7, I, 10, II, 14, 16, 17, IS. 10, 10, 11. 22, SuilJIXT. Scnil' .Mcmoiial from V.inrouvcr Sealers' Asiiiciatioii, .mil reply ,, 'Si niK nr.U" rcioidiDg nilii|itiiiii iif seven Articles of .^rliil ration NgreiMiu'Ot Copy of No. 1 jti. Asl(8 views as to consiitii- liun of .Arbitration Tiilxinal .. ,. Approves note respectinj; seven Articli« of Arbitration Agreiinent (see No. 1(10) Approves reply to Vancouver Sealers' Associa- tion (see No. 139) Acknowledges No. IJ7. .Approves pro- ceeilings Ciipy c.f lieport fr mi Coininaniler-in-''i '■■f on I'lieifio Stniion. Proposes tn approve pro- ceedings of Coninianders of '• Nyniplie," " I'orpoise." and '• Pheasant " . . Mr. I!l,iii:(^'s views as to choice of .\rliitralors anil place of sittintf {'oiicnrs in proposal conveyed in No. IG.O Date iipnointed for signature of tlie Ai'.iitration .Ai^rei nieiit ami .loint Commission .Article. Suogesled headings for these Articles .\ntliorily t) sian, milking at the tune two reservutioni" in regard to Clause 6 Copies of a narrative by ft correspondent of the " New York Herald " of his voyage to Hehring's Sea. . .. . , Mr. lilaine's objections to reservations in No. 169, and inquiry as to the cessation of sealing after 1st May, pending the adhesion of the other Powers Mr. Blaine's repiv to reservations in No. 169 (Inclosure in No. 179, in/ra) .. ., Iteters to No. 172. The first reservation may be waived. Suggests a provision to be substituted for the second reservation Copv of note to Mr. Blaine in sense of No. ] 69 Substance of Mr. Blaine's reply to proposal in No. 173 Observations on correspondence transmitted in No. 154 respecting the number of seals killed on the PribylofT Islands during season of ISy. in excess of 7,500 .Approves terms of No. 174 Further details of interview reported in No. 171 Mr. Blaine's reply to note in No. 174 Kefers to No. 175. Her Majesty's liovern- ment agree to drop the second reservation nl this stage, retaining the nglit to raise the point before the .Arbitrators Copy ot note to Mr. Blaine in sense ol No. I/O . . .. ,, Substance of Mr. Blaine's reply to No. 180. Shall he sign Agreement subject to reserva- tion inentioned in No. l.SO? .Authority to sign as suggested in No. 1S2 .Mr. lihilne's note objectiu)^ to any rtservation . Did not make any reservation, .Authority to sign the Agreement Is addressing a note to Mr. Blaine an instructed in No. 1 S5 . . Reports signature of Arbitration Agreement and Joint Commission Article . , . . Text of notes exchanged with Mr. Blaine on the stiliject of the proposed reservations to Article VI ., Extract from President's .Message to Congress. . Note to Mr. Blaine in sense of Nos. 18U and 183.. .Mr. Blaine's snjrgcstion as to the number ol Arbitrators . . 108 109 112 113 UU 112 113 116 117 117 117 117 120 120 121 121 122 122 124 124 125 126 126 127 128 128 128 129 129 139 131 132 '■ t. 1 .'f*'' t:r ? -; TABLE or CONTENTS. No. IBS 193 194 195 196 197 198 199 300 aoi 202 203 304 205 tiOG 207 Nnme. Sir J. I'aiincpCotc • • • • ^^ Date. SUBJKCT. Dec. ..I To Sir ,T. Pminccfolo. , TelcRraphic Sir J. Paiinoefole , , Telegraphic 30. Telegraphic Jan. a, 1892 .. Dec-. 23, 1891 Telegrapliic .Ian. 4, 1892 Telegraphic 13, Felegraphic K, To Sir Ci. Baden. Powell i To Ueh ring's .Sea Com- 1 ,, miasionprii Sir G. Baden-Powell ,. ! Telegraphic Sir J. Pauncerote ,. Telegraphic .. Telegraphic 208 Hehrins'!! Sea Com- ITelegraphic inissioner* < 2C9 210 211 212 213 314 (/olonial Office Behring's Sea Com- missioners .» »' Sir J. Pauncefote ..I To .Sir .1. Pauncefote.. Telegraphic 215 Sir J. Pauncefote .. 216 To Sir J. Paunrefote.. 217 218 219 220 Behring's Sea Com- missioneri Lord Stanley of Pres- ton to Lord Knuts- ford Sir J. Pauncefote Telegraphic Telegraphic Telegraphic I'l'legraphic I'elegraphic 15, 1^ IS, 2^, IHOI Feb. .Ian. Feb. 14, 13, I, I. 29, .Ian. Fell 9, 10, 29, J, 4, 5, Ifi, 1?, 18, 20, 1?. •-'3, 25, Text of Mr. Blaine's note of 14lh Oeceniber, and of Sir J. Pauneefotc's reply . • Te«t of note to .Mr. (Maine of I8tli Dectinlier , Ut'ports nignature of Arbitration igrcc nient and .loinl Conimis8 »i »» ■no 'I'd Sir J. Paiincefote. 230 „ .. . .31 : Sir J. I'aimcefote ;32 .'33 •.134 Sir G. Hadon- Powell.. Sir J. Paiincefote 'i-o To Sir J. Paiincefote. 236 Sir J. Paiincefote "7 238 i Sir (i. Baden-Powell. ! 239 I Sir J. Pauncefote ! 241) ! To Sir J. Pauncefote. J 242 I.onl Knuisford to Lord Stanley ot Preston 243 Sir.). Pauncefote .. 244 2<5 i To Sir J. Pauncefote . 246 reliyrajiliic Telegraphic Telegraphic elegrapliic Telegraphic Telegrapli Tolegiaphic Tell, , pliic Tclegraphiu Telegraphic relcgra|>hie • • rciegrapliic Telegraphic Telegraphic Telegraphic IVIegraphio Telegraphic Telegraphic I'Vli. 26, 26, 27, 26, 27, 18, 18, S9, Mar. 1, Ket). Ja Mar. 4, I'eb. 26, .Mar. 8, 9. 9, 1. 9. 4. 15. 18, 18, 10, 23, 26, 26, IM9-.> Si'iii''! retlniliiii |i;irngra{ili from .Mr. Mhiiiic's noti' ri'li rrt'i) to in alxuf Opininii I'f I'riiish Coniiiii»e siLMied cm Monday Noti^ exrliunged with Mr. lllaiiie as to the mei tiii^ (if the Joint Commission . Coirespoiideiice with Mr. lllaiiie and the Hritish Coinmissionirs as lo power of .Joint Coinmis- sioii to ili>.ciiii9 I lie ipie^tioii of 11 modu.' virrntii for next season . . . Arh traiion Convention sigmd. Shall exchange ol ratifications take place in Washington or London ? Exchange of rnlilieulioiis can he catried 01' more i|iiickly in London. To ti legr " when Coiiveiilion is approved hy Senate Approves ))i(>eeeilin(js reported in liis \h spatch of lf*lli February President has issued lli' Behring's Sea Pro- clamation in the same terms as heretofore .. Have signeil Joint Report to-ilay Text of notes summarized in No. 220 .. Ueply of United States Oovernineni lo pro- posal in No. 223. I'rges necessity for mntlus livi'ndi in order to preserve value of properly peniliiig arbitration To repeat above to (iovernor-General of Canada Convention sent to Senate yesterday and referred lo Conimi'tee on Foreign Affairs .. Text of note to Mr. Blaine In sense of No. 223 ['Expresses opinion Vivendi, though henelicinl Text of Behring's Sea Arbitration Convention as pinned . . . . ,. To repeat to Governor-(icneral of Canada telegram from Sir G. Baden-l'owell of yth .March ,. .. Answers No. 234. Renewal of modus viveniU, .May give ground of complaint by British sealers if Arbitrators decide in their favour. Suggests that sealing sliuiild be permitted to vessels giving security for any damages awarded hy Arbitrators . To direct port authorities 011 Pacific to warn owners of vessels who have cleared, or are clearing, for Behring's Sea, that they do so at :heir own risk Note from .Mr. Wharton of Stii .^larch re- speeliiii,' mudiu Vivendi. Subslame tele- graphed (sec No. 234) . . ('omniiiiiii'ation made to Uuiti- . -States' (io- veriiineiit in sense of .No. 241. Reply received stating that renewal of vidi/uh Vivendi is the least that can be accepted, and that United States' Government must main- tain their rights . . . . Two olteniative proposals by Iler iMajesty's (iovernnieut as to the conditions 011 which sealing nii^iht be prohibited this senson Proposed form of reference to Arbitrators of (piestion of damages ,. .. ,. that renewal of modus not necessary, would be Page 144 144 I4» US 146 146 111 151 162 isa 153 153 l.i4 154 154 134 155 156 159 159 IGO ICO IG3 1 65 165 [57t?] ^ ' ! I I ■ -:| ±.,^..^-^^^'ai^'j.^^..^:f. i :) . ■ ;Ji " Mm Hi m :£'ii iir i 51 I ■ I i TABLE or CONTENTS AI'I'ENDIX. Name. Date Subject. Pa^e Colonial Office Mar. 2, 1892 De«patc'h from Canada, witli Order in Council, iind affidavits from British Columliiu ic- . spectinp^ pelagic Bi'alinjf .. \ \SS m: Further Correspondence respecting the Behring Sea Seal Fisheries. [In continuation of " United States No. 2 (1891) :" C. 6368.] No. 1. Sit J. Pauncefote to the Marquis of Salisbury. — (Received April 27.) Jly Lord, Washington, April 15, 1891. I HAVE the honour to transmit herewith a copy of a note which I received yostei'day from Mr. Blaino in reply to your Lordship's despatch of the 21st February last,* ol' wliicli I left a copy in his hands on the 3rd March. In tills note '^\l•. Blaine states that the modifications suggested by your Lordship I in the questions for arl)itration do not wholly meet tie views of the President, and he sets out the questions in the form in which they are now proposed by him. For convenience of reference, I inclose a paper showing, in opposite columns, the I orij^inal six questions suggested by Mr. Blaine in his note of the 17th December last, and the questions, as altered and now proposed by him, on behalf of the United States' Govomment. In his note transmitted herewith Mr. Blaine reverts to several points which have been long under discussion, and adduces further arguments in support of ! contentions. I have, &c. (Signed) JULIAN PAUNCEFOTE. Inclosure 1 in No. 1. Mr. Blaine to Sir J. Pauncefote. I Sir, Department of Statv, Washington, April 14, 1891. THE modifications which Lord Salisbury suggests in tlie questions for arbitration Ho not wholly meet the views of the President, but \iio President changes the text I of the third and fifth in such manner, it is hoped, as will r>!sult in an agreement I between the two Govenmients. While Lord Salisbury suggests a dilfercnt mode of Iproccdure from that embodied in the sixth question, the President does not uiider- Istanil him actually to object to the question, and ho therefore assumes that it is lagrcod to. The six questions as now proposed by the President are as follows : — 1. What exclusive jurisdiction in the sea now known as the Behring's Sea, and pbat ! xelusive rights in the seal fisheries therein, did Ilussia assert and exercise prior |aid up to the time of the cession of Alaska to the United States ? ^. llow far were these claims of jurisdiction as to the seal fisheries recognized |»iid conceded by Great Britain ? 3. Was the body of water now known as the Behring's Sea included in the phrase fPacific Ocean," as used in the Treaty of 1825 between Great Britain and Ilussia, ind wiiat rights, if any, in the Behring's Sea were held and exclusively exercised by Russia after said Treatj' ? • " United S(»(es No, I (1891)", p. 67< d 1, v 4, Did not all the rigbts o£ Russia as to jurisdictiou and as to the seal fislicrics in tlio Belmng's Sea east of tlic water boundary iu llu! Treaty between tbo United States and Ilusbia of tlio 30th March, 18G7, pass unimpaired to tiie United States uudov that Treaty ? 5. Has the United States any rii»ht, and, if so, what right, of protection or propfitj- in the fur-seals frequenting tlie islands of the United States in Ikdu'ing's Scu wlicq suoh seals are found outside the ordinary 3-mile limit ? G. If the determination of the foregoing questions shall leave tlie subject in such position that the concurrence of Great Britain is necessary in prescribing Itegulations for the killing of the fm'-soal in any part of the waters of Behring's Sea, then it shall he further determined (1) how far, if at all, outside the ordinary territorial limits it is necessary that the United States should exercise an exclusive jurisdiction in order to protect the seal for the time living upon the islauds of ihe United States, and feedin? therefrom ? (2^ whether a close season (during which the killing of seals in the waters of Behring s Sea outside tlio ordinary territorial limits shall be prohibited. is necessary to save the scal-lishing industry, so valuable and important to niauki nut, from deterioration or destruction ; and. if so, (3) what months or parts of mouths should be included iu such season, and over what waters it should extend r The President does not object to the additional qxxcstiou respecting alleged damages to English ships proposed by Lord Snlisl)ury, if one condition can be added, namely, that after the issues of the arbitration are johied, if the United States siial! prevail, all the seals taken by Car,"dian A^cssels during the period shall bo paid for at the ordinary i)riee for whieh skins are sold. Tiiis seems to the President to be the complement of Lord Salisbury's proposition, and he doubts not that it will secure his Lordship's assent. In the first paragraph of Lord Salisbury's despatch of the 21st February he makes the following declaration ; — •' It is now quite clear that the advisers of the President do not claim Behring's Sea as mare clausum, and, indeed, that they repudiate that contention in express terms." Lord Salisbury's expression is put in such form as to imply (whether ho so intended I know not) that the United States had hitherto been resting its contention upon the fact that the Behring's Sea was murp clausum. If that was his intention, it would liave been well for Ids Lordshij) to specify wherein the United States ever made | the assertion. The emphatic denial in my despatch of the 17th December la;>t was int rested its arguments solely on tli(> Lrroundi mentioned, and this Government regrets that Lord Salisbury should have so inisappreJ bended the American position as to limit its basis of right in the Behring's Sea to thffl Ilkase of 1821. The United States has, among other grounds, insisted, withoul recurring to any of its inherited and superior rights in Alaska, that this Govevnraenlj lias as full nuthority for going beyond the 3-mile line in case of proved ncccs.^ity Great Britain possesses. " !':■•■•- ^ ^ d wm 3 ' Two or tlii'pe instances of the poMer wliich Great Britain exe oises beyond the 3-niilo line liav(> alroady i)e('ii quotiMl, i)ut liav(! failed tbu8 far to secure comment or explanation from Lord 8aiis))ury. Another case eaii hi- added \vliivery spear, harpoon, or iire-arni attornpted to be used in contravention of any such Bye-law may bo seized and destroyed, or other- [wise disposed of, as said Fur Seal Board may direct." It must not escape observation that the area of water outside the 3-mile line on I the coast of Scotland, whose control is assumed by Great Biulain, is as large as would be found inside a line drawn from Cape Cod to Portland Harbour, on the ^icw England I coast. Ijord Salisbury reasserts his contention that the words " Pacilic Ocean " at the Ithuc of the Treaty between Russia and Great Britain did include Behring's Sea. I I'ndfiuhtodly the Pacific t )eean includes Behring's Sea in the same sense that the .Vtlautic Ocean includes the Gulf of Mexico, and yet it wouhl be regarded as a very linacourate statement to say that the Mississippi River flows into the Atlantic Ocean. I I ihiiik Lord Salisbury fails to recognize the common distinction between the r'Atliuitic Ocean " and " the waters of the Atlantic." While the Mexican Gulf is not 1 3 part of the Atlantic Ocean, it would, I am sure, comport with general usage to say Itliat il belonged to the waters of the Atlantic, and, while Behring's Sea is not Itfciinii'ally a part of tin; Paeille Ocean, it uiuloubtcdly belongs to the waters of the jPacirK'. T'u! Fnglisli Channel would not ordinarily be understood as included in the I'crm '■ Atlantic ()cean." One would not say that Dover or Calais is on tiie coast of Ik' Alhmtie Ocean, and yet clearly the ilnulish Chanmd belongs to the wat(U's of the lAtlaiiiii'. fn point of fact, therefore, according to the usage of the world, tliere is no Ifcpuii of any conse(juenee between tlie two Governments on the geographical point lindei' ci insideration. The historical point is the one at issue. The cxplanatcny note from IKussiii lilcd in the State Department nf this country, sv- ially referred to in ^^r. John luincy Adams' diary and (pioted in my note of the 17t;. .jccmber, 1890, plainly draws •distinction between the Pacilic Ocean on the one hand, and the " Sea of Okhotsk, the ivamschatka, and the Icy Sea " un the other; and so luug a;i Russia drew that [572} B 2 11 \i it III, ^ distinction it must apply to and must absolutely decide all the contentions between tlie two countries as far as the waters of the Beliring's Sea are concerned. To discuss tliis point further would, in the opinion of the President, contribute nothing of value to the general contention. In the opinion of the President Lord Salisbury is wholly and strangely in error in making the following statement : " Nor do they [the advisers of the President] rely as a justification for the seizure of British ships in the open sea upon the contention that tiie interests of the seal fisheries give to the United States' Government any right for that purpose which, according to international law, it would not otherwise possess." The Government of the United States has steadily held just the reverse of the; position 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 regularly resorting thither and rearing there 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 islands, give to the United States a property interest therein; that this property interest was claimed and exercised by Russia during the whole period of its sovereignty over the land and waters of Alaska ; that England recognized this property interest 80 far as recognition is implied by abstaining from all interference with it during the whole period of Russia's ownership 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 1886 and subsequent years has changed the law and equity of the case theretolore prevailing. I have, &c. (Signed) J. G. BLAINE. Inclosure 2 in No. 1. Sketch of North-Eastem Section of Scotlarid, Inclosure 3 in No. 1. Original Six Questions suggested by Mr. Blaine in his Note of December 17, 1890. Questions as altered and now proposed Mr, Blaine. 1. "What exclusive jurisdiction in the sea now known as the Behring's Sea, and what exclusive rights in the seal fisheries therein, did Russia assert and exercise prior and up to the time of the cession of Alaska to the United States ? 2. How far were these claims of juris- diction as to the seal fisheries recognized and conceded by Great Britain ? 3. Was the body of water now known as the Behring's Sea included in the phrase " Pacific Ocean," as used in the Treaty of 1825 between Great Britain and Russia ; and what rights (if any) in the Behring's Sea were given or conceded to Great Britain by the said Treaty P 4. Did not all the rights of Russia as to jurisdiction, and as to the seal fisheries in Behring's Sea cast of the water boundary, in the Treaty between the United States and Russia of the 30th March, 1867, pass unimpaired to the United States under that Treaty? 6. What are now the rights of the United States as to the fur>8eal fisheries 1. The same. 2. The same. 3. Was the body of water now known asl the Behring's Sea 'included in the plirasfj " Pacific Ocean," as used in the Treaty ofl 1825 between Great Britain and Russiaf and what rights (if any) in the Boliring'sj Sea were held and exclusively exercised i.i| Russia after said Treaty ? 4. The same. 5. Has the United States any rigid, (d\ if so, what right, of protection or property** >s ! ! ■I!. ', f ■A 1 ' ! i } ,;l 'I NORTH EASTERN SECTION OF SCOTLAND. TO FACE " * Extract from OHAPTEIl 23. All Act to lum'iul tbo Herring FiHlit-iy (Scotliiiiil) Acts ; and for other purposcB rolating Mioveto. [H\i\\ .Inly. 1«H11.| 7_ — (1.) The l-'isli(>ry Hoanl iiiav. b; tvclaw or bycliiwH tluuct that tho iiicthiKls i)f lishiiig- kmmii :« \>vaw iniwliii-^ iiiKi olti'i- trawliiif; nha\l not be UMed witliiii » liiio drawn fvoui Uiiiicniinliy llfiui, in Cuithiios, to l!atti:iy IViiiit, in AlKMikt'iisliiro, in any an-a or amu< to lie di'liiicil in Huch hvokiw, and may frnni tinio to time make, altrr, and revoke l;yelaws for the purposew of this Hcction, lull no siuli byo- law shall be of any validity until it has been conlinnod by tlie S«^ret«ry for Scotland. (2.) Any person -.vho nws any Kucli nielhod of (isliiirff in eonlraveiilioii of uiiy wich byilaw shall be liiil>le, on conviction under the Snnini.iry Jurisdietioii (Scotland) Acts, to a fine not exceeding live ponnda for the first offei.ee. and not exceedin)^ twenty pound.s for the hecond or any Mubsefpient offnKC ; ami every net set, or attenifite^ to be set, in contravention of any such byeliw nn\y lie seized and destroyed or otherwise disiiosed of as in tlic sixth section of this Act mentioned. \ .-Mrvt^^ )»n»«V3miir<'-J>-.-» - -, Original Six Quextions, Sc in tlic waters of the Ik'liriuij's Sea outside of the ordinary t(Tritorial limits, M-lietlier su<-li riijhts i^row out of the cession by Russia of any special riii^hts or jurisdietiou belli l)y lun- in such fisheries or in the waters of Behrin^'s Sea, or out of the owncrsiiip of the hrecdinir islands and the haltitsof the seals in resortintr tliither and reariiii; their younij; thereon and anuvj: out from the islands for food, or oiii ol any otiier fact or incident coniu-eted with tiie relation of those seal fisheries to the terri- torial possessions of the United States? t). If the determination of the i'oretioint; qiii'stioiis shall leave the suhjei-t in sui-h a posiiiou that the eoncun-enee of (ireal Britain is necessary in prescril)ini; H<'u:u- lations for the killiui,' of the fur-seal in any part of the waters of Eehrint;'s Sea, th(>n it shall be further detennined: (1) flow far, if at all, outside the ordinary terri- torial limits, it is necessary that the United States should exercise an exclusive juris- diction in order to i)rotect the seal for the time living upon the islands of the Fuited States and feeding therefrom ? (2) Whether a closed season (during whil ,1 ! a (^ 1 feel sure that this which 1 imvc written wmilil he rorroljorntod hy the principals of the tbiiowinj,' firms, if ;ii)|)lieil to, or ;iiiv othor^, uilii sullieioiit iiiteHifrenoe. who lia've to deal with llie siiinH in the salted stale: — .Mo>srs. ('. ,M. Lainpson and Co., (.hu-cn Street City; Messrs. C. \V. Martin and Sons, 4, Lanil)etli Hill, City; Mr. ti.' Kice. (;uiit I'reBCott 8tree(, Wliiteehapel. I heji, &e. (8ij,'ned) C. ll.AWKI.NS. luclosure in No. 2. Extract from the " Dtiihj Clirnnicle" of April 21), iSDl. The CKniuKo's Sr.\ I'isitkriks. (From our Correspondent.) New York, Ti>"silii,i. NOW tliat tiie "Sayward" rase is jio^^tpnied till Octol)fr, iiiueli iiii'.'resl altai'lic< In the (piestion as to the ste])s that uill iu- taken witii re^'nrd to the comiiiic scaliii^j ■•easDii, The "Herald"' say.s thai tVoin present imlieatioiis, the seaiiitt' a mmiif^ Vivendi lor tlie season, hut they have not yet arrived at any conclusion. I'rotesgor Kliiott, the (Jovcrnnicnt exjiert, wishes for a suspension of ma ine .sealing far one or tuo year-, as suiru'ested hy Lord Salishnry, hut the Treasury has not !:,'i\en its assent to llii> proposal. The Treasury otlieials state that the tJt veniment lo>t ;jt^.">,000 dollar.? in the revenue from the islands last year, hy redueinjj the cateh from l()l),nOO to (iO,nO() seals hy way of j)recaution. There was, in addition, a loss nf .'^T'"),'"''' dollars thioiiLrh the timidity of the rrea>ury Agent at tlie islands in >ti>ppin^- tlic kiliiii:;- of Mials wiaii only 21.<10U skins had been taken. The lessees of tlie island- lial expected to recoup themselves this year for last year's losses, and they are alarmed at the jtrospec! of suspension this year. Accordinj;- to the present outlook, the total catch for the year will he little short of •'UiO,00(> seals. The '• !')o4on Herald " says that the llonourahle S. B. Elkins. who was Mr. UlaiiieV Manager in the Convention of 1SS8. and the nominator of President Hnrrison, has, • lirou;:li his inlluenee, stojiped the Bi'hrinir's Sea neirntiations. which were ahoiit to terminate successfully. Mr. I'Jkins is largely interv-ted in the Sealiiif;' Comiiany, ami when he heard that Great Rriiaiii had virhallv iiromised to join the United State- to put a stop to the killing of seals for one year, he proceeded to Washington and iiidiiceil .\[r. Blaine to jiostpone the AgreemeiiL to the autumn, so that his Company could secure the (lo.Odrt st.;ds allowed iiy the Contiael. Sir Julian Paniieefote h;is discovered tiie underhand move, and, while addressing a reinon^traiiee to Mr. Blaine, ho hus alai' hastened to put a proposal to him in writing, so that it cannot he ignored. No. 3. Colonial Oj/icc la Foicltjn Office. — [Rrrcived Mai/ 27.) Sir, Dotvninij Strert, May -7. Is'-M. I AM directed by T^ord Knutsford to acknowledge the receipt of your letter of the J2nd instant,* forwarding copy of a despatch from Her Majesty's Minister at Wasliiimdin inclosing copy ot a letter addressed l)y I'rotessur Klliot to the I'nited .States' Secrelaiy in the Trea.sury, on the condition ot seaJ life on tiie Pribyloff Islands during the >u:iiiiier of 1890. I am to observe, in reply, that this letter of Mr. Elliot's hears out iu a reniarkaiile manner the contention of the Dominion (lovernment that the principal danger to tiie seal species arises not from pelagic sealing, which would appear to be comparaiivei} harjnless, hut from ill-regulated killing on land. ^ ; . • "United Btatos No. a (1891)," Appendix, p. SJ. -\, • - 1 In tlu'sc circumstanceH, it in for (•(.iisideration wliotlior llcr Miijesty's Goveriiiucnt shoid.l not in^isl tl.at lli,. .iuesti„ii of (1„. fMiniv n-ulation of ^niVmg on'knd. us well as at st'ii shouhl lie Miliunlli'il to tiic |iroiioscil Aihllnilion Ti-ihtmal. In anv caM' l.onl Knulstonl is ol oi,i.ii„n tliat an oxlmn^tivu joint in(|iiiry should be iMiid- iiitu tl.c Nvliolo (im.siion, liic iv.sulls of^iiicli slioiiM i.e laid' Ijcfoi'o tlio Arbitrators to cnnble tlicm to arrive at a souiiil (Ifcisinn. [ am, Sic. (Sinned) JOH^ liUAMSTUN. No. 4. Colonial Officfi to Fonhjn Ojlir,>,—(Uprriicf/ }fii,i 29.) S"'- ^ ^^ _ Dnwiiln-j Sfrrrt, Mit\i 20, 1.^01. WITH rt'lVrencc to previous <'(irrosi)oiiilonc'f>, 1 am directed bv Lord Knutsl'urd to tr.iiisinit to you. to be laid lut'on' \\w Marciuis of Salisbury, itarapiirase of u tcli'<,'ram tVoMi llii« (}ovi'rnor-(ienoral of t'niiada. siatini;' tliat llio Canadian (iovonnncnt acciuk'.scc ill 'ln' proiiosed ondus vivrin/i in iVdiiin^'s Sea suliicct (o ciTlaiM tunuitions. I am, &c'. iSi-n..,!) EDWAI.'D WIX(;Fii:M3. t ' ! - 1' ;) < :..!' !■ Inclosure in No. 4. Lor(J !^hinli-ii iif Pirsloii to Lord Knvlxfii-d. (Tclcnrapliic.) Ollawii, Mnij 27, 1.^91. WITH reference to my teiei^ram fd' (he IStli ^May, I forward tlie Minute of the Privy Council : — With reference to ynnr t('!ei,'rains of tlie ITtli and :.''!rd instant, the (iovernment i)i tlie Dominion accede to the iiroiiositieu of Her .Majesty's (.iovermnent, i)rovided that coin{)ensation lie ^nveii to the jiealers who may be prevented from prosecutin;,^ tiieir avocation, and that tlie authorities of the L'nited States accept at once the terms Mijii^csted by Her .Mnjesty's (ioverniiieni. and concurred in by the Dominion Oovern- iiicnt in Aiiirust last, as nn essential pari of liie same Agreement. As, however, the Canadian (Jovernment doe.s not possess (lie means of iiivinijf (lie projiDscd warning, and as the (ime for doii 2: .so appears inadequate, the Dominion Mini>(er.s cannot undertake (o be answerabie in Ww. event of such warning proving incllective. There would be ampli' time to ijive due n.itice to all concerned if an alternative sii!i';jestion to (he proposals referrod to were made tVn- a close season next year. Js'o. 0. Tlir Marqui!^ of Snli^bury to >Sir R. Moner. (Telegraphic) Foreii/n Office. June 2, 1801. ASK the iiussian (iovenmient whether they wcmid be disposed to join in an Airreenienl which has been jiropo-^ed by the l'nited States' Govcrnmei'.!, and accejited by Her Majesty's (iovernmeni for a suspension until May lb'.)2 of seal liimting- in the islands and waters of Behring's Sen. It is believed that an eni;'.i::eiiu'nt will be entered into by both I'nv.-ers to do (heir best to prevent their re.'-peeiive -ubjects and citizens from talvin;;' part in seal buntiiii,', «iili the exception of a e:itch of 7,">00 seals destined for (he sii[)p()rt of the Aleuts in the serv ice of the Xordi American ( 'ommercial Company. The Aj^reement cannot, of course, be signed unless IJussia is prepared to adhere to it. i*:' < No. 6. The yfarquif of SaliMhurji to Sir J. Pnunrefotr. CT(Ioirini)liic.) I'nreiijn Office, June '2. l^m. I MAVK to instruct you to mnko tlio followin:; inoposiils to tho United Stntos' flnvermntMit with rci;nr(l to n mor/M.v vivmili in Hcliriim's Sea : — 1. Thi' two Oovcrnniont* to prohihit, up to May IS'.iL', (Jip killinj; of ^c.ils j,, lU;hrinL''s Si-aor any of the islands thereof, and to insure, to tiu' host of their iihiluv, ihat tliis pruliihition shall not be infringed by their suhjeets, or by vessels ilvinfj their re>|nM'tiv.' llil'^S. 2. Durinjj the time named the United States sliall have the right to kill 7,5tifi »eals. ?>, An exe(|uatur will be frrantcd by the United States' (tovernment to nnv ('unsul who may at any time be appointed by Her Majesty's (Joveriuiicnt to the islamis in Rehring's Sea. t. The above Convculion shall not come into operation unless the assent of Russia - given to it. No. 7. Sir J. Pauncefote to the ^f^rquis of Salisbury. — (Received June 2.) (Telcgrnphie.") Wanhinfiton, June 2. !>91. I HAVE received your telegram of to-day. [ will luso no time in acting on your Lordship's instructions. With reference to clause 1, I beg to observe that the proliilii. tion extends to the wliole of Behring's Sea, and I apprehend objection on the irroiiinl that the United Slate:*' Government is not emi)owcred by Act of Congress to pruhiliit sealing heyoiul that jiart of it which, they conteiui. is, by virtue of their Treaty »iili Russia, •• within the dominion of the United States." '^n if No. 8. The Marquis of Salisbury to Sir J. Pauncefote. (Telegraphic.) Foreif/n Office, June 2, ISO!. WITH reference to your despatch of the 15th April last, I have to request you to inform the (Jovernment of the United States that Her Mojesty's GovernnuMit are prepared to assent to the first live points which Mr. IMaine proposes should be su!)niittcil to arbitration in his note of the 14th April. Her .Majesty's Government are unable to assent to the si.xth point. They projjose as an alternative the appointment of a Commission consisting of tour experts, of wliicii two should be nominated by Great liritain, and two by the I'liitcd States, and of a Chairman nominated by the Arl'iters. This Commission to examine and report on the following <|uestion : — What international arrangements, if any, between Great Britain, the United States, and Kussia, or any other Power, are necessary for the purpose of preserving the lur-se^l race in Behring's Sea from extermination 'r Witii regard to the (piestion of compensation, Her Majesty's Government propose the following Article : — " If it shall be shown to the Arbitrators that seal-hunters, subjects of either I'oner, have been damnified in the pursuit of tiiat industry by the action of the other l'o\\^'^, it shall be competent for the Arbitrators to award such compensation to the c-vid subjects as in their judgment shall seem equitable." No. 9. The Marquis of Salisbury to M, de Staal. M. I'Ambassadeur, Foreign Office, June 2, ISiU. I HAVE the honour to inform your E.xcellency that Her Majesty's Government Jjftve ftgreed to a proposal jnaii^ Jo ^be'jw bv the Goveniuient of tUe United States that -,n! 'imlin;: vlioiiM t.i- siis|it'nilcil in llic islainU lunl null i- c«t' Hcluiiiu's S.'U niilil Mii.v -I'J \\\- ItilioM' lliat an i-iii^a-.Miu'nt will lio oiitiTi'd ihio liy l);,ili INiwits to iId tlicir iicsi l>) jiri'vciit tlii'ir MilijcctH ami i-itii'.i.Mis iVum takiiii;- [mrt i:i tliosoal liiiiitiiia, i-xcoplinn Hilly lii'in;; iiiaiii- tor a catcli iif T,'"'"" (U'-tiiu'il tor tl'f >iili>.i>ttin'i> (if tlie faiivc^ in ilu' M'ru.o of tlic Alaska ('oinpaiiy. A jnoposal lias Ik-tm niailo to t!:i> l'niti'(l Stati's' (iiivrinni(.M)t to tliat t'llcct. Tills Ar'.aii;;iiiH'iil cannot ln' |)nt in force without tlir aillirroiu'i! of the Kii-^ian (Imt rnn\i'nt. and llif Ai^rocinont will not Ik* ^i^■lu•ll until this 1i;h Iu'imi olitainnl. IKt Maii^ly's Ainhas^ailor at St. I'ctrrslnn';;!! has liciMi iiistrncteil by ti'k'uraph to make a ('()iiiiiuniicali<'n in llio ahovo sonso to M. do (Jii'r-, and to cNpn'ss oar canicsi hniH- that till' l!iis>ian (invcrnincnl will conx-iit to a ini'asuri' vvhicli appear^ to la.- nL'ii's>ary in onh r to jircviiit the early oxtcrniinatiou of the I'ur-.-eal. I have, &e. (Sic-ned) SAI.lSlUlv'Y. So. 111. Sir ./. Pnunccfotc In tin' .Uiuv/h/.v of Sulisbitrii, — [lifrcived Juiw S.) iTeIt'i;raphie.^ il'iishinijloii, Jinu- i^. I>!il. 1 ilAVK to-day conininnieated to lIu- Aclini;- SLcnlary of Slutc, in the form of Momoranda, the >nhstaiu'c of your iiOrd>hip's telcjirains of yesterdny'>' dale, relative to liolirinj^'s Sea, which I received last ni:;ht. No, II. Thr Miiniuis of Stilisi.urii to Sir E. Mah't. Forriijii nflivr, Jiiiir ,1. ISiH. lll'ilv Majesty's (Jovernnieiit I ve agreed to a proposal nnido hy tiie l.'nited State>' j Goveriinu'iit for the suspension for one year of s-cal huutiuir in the i>lands and vvaters ot Bi'lirinij's Sea; and have expressed tlieir readine>s to enter into an Ai;reenient wlierehy the two (.iovernnieiUs shall prohiliil. tiie killiui; of .-imK up to May l>tL', and >liall uiulei- lake to u.se their hest endeavours t>) i)revent the infrin,i;enu'nt of the prohihitiun liy their respective subjects a.ui citizens or by vessels tlyinu- their respective Ha^s, with the .■ii'eplioi; of a catch of 7. ".On seals destined for the support of tl\e Aleutian islanders in tiie .-erviee of the North Ainerii'an Ciiniiiiereial Cnniiiany. The Ivussian lioveriinieiil lune been invited to juin in the Arrangement. it has been sujrsosted that it would be desirable lo obtain the eoneurreiiee of the ' fJornian Covernment in the snspen>ion vi' >eal-takii>..:,' on the ^-rouml that the 'lerman l!.iu iias aitpeared on li>hinsels in the Helirinii's Sea. Accordinj;' to the liepoit ot (•Canadian .Minister of Marine lor ISS'.t, it appears thai one such ves-cl was on-:i,;:eil in li>iiini;- din-iui;- thai year. I should wish you to a>rer'ain whether the interest taken by the (ierniau (Jover'i- I nient in the seal li>bery is such as to make it advisable to invite their concurrence in the I suspension. 1 am, i;c. (Sio'ued) SALIsnUHY. No. 12. Sir R. Morier to the Mnrquis of Snlii-burii. — [iu-n'rcd Jtinv 4.) I (lV.l,,,,ii,bie.) '^(- P'^ter.hunjh, Junr -1. ISSil. I llAVK this (lav counnunieated to .M. de Giers a note m the sense ol your I-oni-liip's telegram of'the 'Jnd instant. I am intormed tiiat his iv\cellency has not \et I'U'ii'.d from the United States' (lovernnient on the sub.ieet. [572J C ^ W^ i1^-';.-;i»i.=v 10 No. 13. «S/r ./. Pdiiiicefotc to tin' Mdrqiti^ of ^iili.>iburii. — {Rcceircd June i.) (Te'Kvu'nplno.) WiishiiUjloH, Jmir I. ISiU, Wrril rotoivncc to ymir fjonlsliip's telo^mm of (iio L'lul iiislanl, (•iiiitainiin' the draft of a vindiis livnnli in Ik-brinj^'.i Sea, I have the Iiouoiir to iiifonn \\i\i that I liave to-ilay received a ve|)ly to y()iir Lordship's proposal fioiii t lie Acting Soi'ietaivn:' State, which is to the iollowiug clfect : — [Sec text of Mr, Wharton's note of the Itli .Iniie in Sir Julian Paimcefote's despatch ol the oth .Inne, ISDl : inclosure in Xo. 40, tnfra.] No. 11. The Ma)quis of Salisburi/ to >'Sir R, Mor wr. ForcKjii Olficc, Jici i^:i:. ('I'ele^raphii'.) 1 !I.V\'K received yonr telej^ram of yesterday. AVe shcinld lie i;lad if M. de Giers would inform us of his views with rc^jaid (o l in- proposed Aiiieeinent i'or the preservation of tlie seals in Hehrini^-'s Sea wiliumt waitin: to receive a eomnunuctttiou from the Government of the United States on the subject. No. 15. The ilaniuis of Salisbury to Sir J. Paunccfote. (Tcle::rapiiic.) Furriijn Office, Jiin<' ■', l>!tl, ill-^it Alajesfy's Government have had under their consideration tii" counter- proposals of the I're-iident of the United States for a ,)iO'/«,v rivcndi in li;:tuiiiii,'s Soa, r,^ rejiorted in your telegram of the 4th instii'u. They auroe to acee])t the proposal, that olticers of either Governme^it inuy sei/.eaiiJ hand ovir to their national jurisdiction olfendiu:;' vessels under either \h\'j;. We thus ^jive ])()wer to cruizcrs l)elon:i:in^' to the United States to sup/rviso tin conduct of Kn^lishmen in Kecpin:; the ;/to(/.';,s' (•m'(';((/(' at sea. On tiie oIIut liand. wo oii^i'lit to receive cnre-iionding power from the United States of supervisin;,' liu' ]ii'o- ceeiliuLis ofAmeiicans on the islands resorted to hy the seals. Tlie equaliiy of tlic proposed Ai^icement is depenilent on the lideliiy with which the Americ.iii:^ olisewe tiic condition, tiiat not more than 7,oOO seals shall l)e killed. Fn the opinion of Her Maji'-tv''* ,v;,;,„;/o„,j„„, 0,1891. I ins niorniii- I tlclivorcd to il.o Actins Secrciary ol' State a .Memoraiyilum com- mm :catiii,ir the contonts of your Lordsliiij's telo-ram of yesterday, and [ linve just riciivod 11 reply to till! fo]lo•,^ill;J;■ effect : — [8o.^ text of Mr. Wharton's rote of tlir^ r.tli ..iino in Sir Julian Pannccfoto's despatch of the Otl> June, 1801 : Inelosure in No, 47. hifra.] No. 17. -Sir J. Pauncefole to the Mdrqvis of Salisburi/.— {Received Juie 8.) My Lord, ^ ^ ITashiiKjion, ^fmj 2?, iPni, I HAVE the honour to inclose copy of a note wliicii T have recfiv(;d from Mr. Adee, Actini;' ^ecreti-.ry of Stale, e\pie.-sin- the earnest desire of the I'resident for an oarlv response to the proposal contained in Mr. Mlaine's note of the 4th instant for a nwdas xlvduli during Die coming sealinu' sea.son in Behring's Sea. !\h-.^ i\dce, as your Lordshi]) will perceive, informs me of the departure of the IJiited States' revenue-steamer " Rush " for the sealing islands and of the approaching sailing ol the '• Corwin " for the same destination. 1 have also tlie honour to inclose copy of the reply which I have rcturne I U.) ■Mr. Adce's communication. I have, &C. (Signed) JULIAN PAUNCEFOTP. Inclosure 1 in No. 17. Mr. Adee (o F^ir J. Pnuncefofe, ^ir. Dopartment nf Stole, Ulis/iinijtnn. Moij 2G, 1801. !X my personal note of tlie "JOlh iM>tant, anil on several other occasions in oral fnmnnniication. I have had tiu> honour to expro.ss th(! desire of the President to be informed, at the earliest pos>ihle moment, of the response of Her Majesty's Governinent to the pro])o-al. wliieii formed the suhject of Mr. Blaine's note 1o you of the 1th iii>lant, tliiU seal-takiny on the inlands and in the waters of I'n'hrinv's Sea bo limited, as in said note expressed, les to citi/'.vns of tlie I'nited States and siihjects of (Jreal l^riiaiii, pending certain ijiiestioii-; in controversy hetween t!i(! two Ciovernnients. oftiie President for llic arl)itriition hi several intorviews with yoti since tl:e 2l)lli instant, tlie ilesir< .111 early response to the note oftiie Ith .May has heen realliniad. The situation evidi'iitly calls for prompt action Kach day's delay increnses the ahilily of the respective (iovernments to make the proposed exist imr dill'erence in the limitation of seal-taking eriective. it is reported that a large fleet of Canadian sealers liiis heen f;ir snme weeks or monih-i on the seas. They are dailv going furtlier out of reach. The reveiiue-cruizer- have awaited delinite orders. Th.-ir presen<'e is urgently ii'eded in the Pehring's Sea. Any further delay tends to defeat the very juirpose for «iiich tlie Agreement is sought, it is (piito incompatible with fairness and justice to iiiir citizens that this shoultl he permitted to continue. Ample opportunity has heen atrorded to Her Majesty's Government to bring this eniulitina to a close by an ellective Agree.iient; but the result i< still uncertain, ami to all appearances remote. The President would be glad to know that it is near at iiand and certain ; but he can no longer hold back, in furthernnce of a vague hope, to the iletriment of the legitimate interests of the Government and citizens of the United Slates. I am, therefore, directed by the President to inform you that orders have been siven to the revenue-steamer " i'usli " to jiroceed to the sealing islands. Another revenue-steamer, the " Corwin," is nt San Francisco, nearly ready to sail, ui 1 will very shortly put to sea. Should an Agreement be reached before her departure, appropriate orders may still bo sent by her to the islands. I mention this, in order that [672] ^ ^ I ^> K K, 12 you may comprehend how fully this Government desires to effect an arrancromcnt for liiis season, and that you nia\ realize how each day's delay lessens the abilitv of Her Majosty's (Jovornnieiit to ellectivoly co-operate witli rea;ard to British suhjects, and tends to destroy tlie practical utility of an Ajj^reement to limit the seal catch. I have. &c. (Signed) ALVEY A. ADEK, ActiiKj Sici-t'tnrii. Inclosure 2 in No. 17. Sir ./. Pdiiiirrfotr to }.Ir. Atlvv. Sir. WdshuKjfon, Mmi 27. ISDl. 1 ll.VN'^l'' the honour ♦(» acktiowlcdiic tlic receipt of your note of yostenlny's date. and to inforn; you tliat 1 have commmiicatod the suhstance of its conti'iil> tn t'lio Marquis of Sa!i--l)ury hy telegram. I 'icA assured that his Lordsiiip will grcntly roijroi any inconvoiiience w'..'.ch may he caused to your Government by the impracticiljilitvnf returning an immediate reply to the proposal contained in Mr. Blaine's note to nic of the 4tl) in-tant. Lord Salisbury, as I had the honour to state to you verbally, is using the utmost expedition, but the lateness of the propo-^al an-l the conditions attached to it have "livcn rise to grave difliculties, as to whicli his IiOri(iiur tor Caii.i l:i. forwardinu^ copy of a telciiiani from the Briti>ii ('()himl)ian Board of 'I'raile, prott>tin<: against tlu' projiosed i)niliibitiou of sealing in Heluing's Sea. tliis season. Lord Knutsford proposes, with l^ord Salisbury's concurrence, to infonn tlie Actinz Hiu'h Commissioner, in reply, tliat, .is the total cessation of sealing in Beining's Sea "ill greatlv enhance the jirice of the produce of the coast fishery, Her Majesty's (Jovcinment do not antieipate that British seller * will suffer to any great extent by exclusion from lieliriuLi's Sea ; liut that they will be prejiartMl to consider any case in which it In cioarlv csl,ibli>lied that lo s has been sutfered by a British subject througii the enforcement nt the prohibition. I am, &c. (Signed) K. H. 'S\V.\\)V.. Inclosure in No I's. }(•-. Colinrr In Colonial O/iirc 1'irloriii Cliditili'Ts; 17, Virlnrin Slrrrt, [.' Sir, .lnnr-\ I^IU. 1 AM directed by the High Commissioner to (piote, for the information Majesty's ("Jovernment. the following telegram wliich has been received from Mr. Ward, the Pri'sideut of the British Cohnnbia Board of Trade : — "British Columbia Board of Trade respectfully asks you protest strongest manner a'^ain-t propo-ed legi-lation prihibiting Britisli s'nlers iV'lirim;'s Sea tiii- Sealing licet equipped and cleared mont' • since at heavy outlay. I.'esult per prohiiiiiion sorious injustice ami rain to v iv en'j;auiil in inilustry liere." I am, itc. (SiL;ned) J. O. COi, I III' nil. nf lior lioliort possible si'nson. cni|itorv Mi:u 13 Ifo. 10. Sir B. Moricr to the Marquis of Salisbimj.—(Recfiivp(J Junr 8.) (Tclo-raphic.) ,S7. Pdcrsbimih, Juno. 8, 1S91. I HAI> (I lonn- convoisiition yesterday with '\\. de Giers at "his countrv place in I'lnland, rchttivc to tho propo-^ed Ai-reement between tlie Governments of Great Britain and the United Slates for tlie protection of senl-liuntins; in the islands Hnd waters of the Rehrin;r"s Sea. His i^xcellency's views witii rej^'ard to the jiroposal arc entirely in accord with those of Her Majesty's Government, l)iit"it appears that the (jiiostion is not treafct"ard of tin' line of demarcation described in Article I of the Treaty of IStlT lielueen the Tnited States ami h'ussia. and will jjromptly use best etlorts to insure ohservnnce of proliiiiilion by Uritish subjects and vessels. '■ '_'. If the United States' (Jovcrnment will proliibii seal-killing for the same period in the same part of Behnng's Sea, and on the shores and islands thereof the property ot the United States (in excess of T,.')0(i to be taken on the i'larwls as food skins, and not I'lir tax and shipment), and uill jironiptly r.s'- best elforts to insure observance of ])rohibi. lioM by United States' eitizi'us and ves-ois. ""^. Hverv ofl'endini,' ve-s(-l or ])erson nuiy he sei/.ed and detained l»y the naval or other duly eoinmissioned otlicers of either of the High Contracting Parlies, but tiiey .shall be handed over as soon as praclicablo to ttie authorities of the nati.m to which they rcsiiectively belong, who shall alone have jurisdiction tn try the ofl'euce and impose the penalties for the same. The witnessrs and the proof's necessary to establish the offence shall also be sent «ith them. ^ "4. In order to facililite such proper in(iniries as Her Majesty s Goyernment may desire to make, with the view to tiie presentation of tlie ( '.'ise of that Government before Arbitrators, and in expectation that an airrceuient for arbitration may be arrived at. it is a^'reed liiat suitable person.s, de«iunated by Great Hritam, wdl be iiernutted at any tim,'. upon application, to vi-it, or to remain upon, the seal i.slands durmg the present !;i'aling seaHOQ for that purpose. ?1 '■ H ' 14 " n. A Commission of four experts, two nominated by caoli riovernmcni, and a Clinirmnii noniinafod ]>\ tlio Arliitrators if aiipointod, and if not liy the aforesaid ("onl!lli^. sionors, sliall oxaniinc and roi)ort (m the foilowini: (inestion ; — " Wliat international arranirements. if any, between Great Britain. Uniti-d StaiiK, and 'Hiis-ia, or any other Power, are nece-Jsary for tlie purpose of preservinj^ the t■|lI■.^^||l race in the Nortliern Paeifie from extermination? "(). Tlie (iovernmenl of tlie United States will join with that of Hrr Majistv in reqneslins' Russia to f(irl)id lier sulijects from si-aling to the east of the line iiidiiMti"! in Article 1 oi'tlic ])resent Agreement until the 1st May. 1S'.)2." No. 22. 8ir J, Pnuncrfote to thr ^farquif of Saliiilmrji. — (Received June 8.) (Tcleffr.iphio.') U'nslnn()ton, June S, Ififll. 1 liA^'K to-day delivered a note to the Aetinc: Secretary ot State eomnimiii'ntiiK' to him, with tlie recpiest that lie will -uhmit it to his (.'overtmu'nt for their consiilrration. ll:e draft Aiircement for a wof/HA- c/rrHf// eimtainod in your l^ordsiiip's telegram of lo-ilav, No. 2:3. i| ' ''I . -i ; i 't „! 8U- J. Pnuncefote to the ^farquis of SalishuTii. — (necefved June 9.) (Tele£irai)iiie.) Washington, June 0, 1801. VWV. draft of a note in answer to the propo^^als for a modus rirf-ndi eontaineJ in yom- liOnl>liip's teleLirnm of yesterday, whicli will he addressed to me to-morrow, has just been shown to me. Tiie words in Article 2 "as food skins, and not for tax and shipment," arc objected to by the {Resident on the grounds tliat such a jjrovision would preclude the export and sale of tlie skins for the i)urpos(' described in .\lr. Bhiine"s note of the 4tii May, /.'■., to cover the cost of clothing, food, and fuel for tlic native inhabitants of the islands. The President insists on the limitation of the power of seizure provided for in Article 3 to the waters "outside the ordinary territorial limits." On this point I be:; to refer your Tiordship to my telegram of tin; titli instant. lie olijects to the jirovision in Article a I'or the ajipointuient of a Joint Commission a?, hii\ing no jiroper jiiace in the modu.-: rireinli, but lie wdl givi; the suggestion " a t'liil con-^ideratioii in connection witii the negotiation for arbitration.'' Article (>, as to a joint note to Pus^^ia. is olijected to on the grotmd tiiat, wotward of tlb' line of demarcation, tiic United States" (lovernineiit lias no powei to a::rce to reciprocal action if Russia should make it a condition of adhesion. 'I'he note concludes by stating that the President is pie])ared to siirn at omo the first four .Articles proposed by yi>nr Lord.-hip, with the omis-ion in Article 2 and tiie atidilional clause in Article •) specified al)ove, if the Agrecineiit can be immcdiaieiv put into loree. 1 fear that lack of time will jirevent ns carrying the negotiation further, hut I will use my best efforts to induce the United States' (Jovernment to agree positively, as one of the terms of arbitrati(Ui, to a provision for a .Icint ( ■oinmi'^sion. No. 24. The Marquin of Salisbury to Sir R. Morier, (Telegraphic) Forpirjn Office, June 0, P^ni. IN consetiuence of the existing statutory limitations to the powers of the I'liitcd States' Executive, Her Majesty's Government propose that there shall be a close tiino in Behring's Sea for this .season on land and sea only, to the east of the line of IPO". They are only asking, therefore, tiiat Jtussian subjects shall be forbidden durinp thi.s year from sealing to the east of that line by sea, as Russia has no land to tiie east of it ; and that we shall be allowed to stop vessels sailing imder the Russian flag ^vllich are so employed. But "i the United States* Government maintain that they have a right to exclude all si.ips ..t whatever nation from that part of lichring's Sea, they can hardly join in lliis ro<{uest without stultifyinii- themselves. o > j j ' A close li.no to the eiist of the Hue in the rJsidt will alsr. recruit the seal fishery to the west ot It, and Russia, thcretore, will Imd lier interest in accediu- to our request No. 2j. The Marquin of Salisbury to Sir J. Pauncefote. (Telcu'raphic.) i?EHRlNG'H SEA mndn, vin Foreign Office, June 10, 1891. rendi. I have received your telej;ram of yesterday. \Ve assent to the insertion in Article 3 of the words, "outside ordinary territorial limits, and also, though reluctantly, to the omission from Article 2 of the words "as food skins, and not for tax and shipment." ' We cannot, however, conseia to leave the Joint Commission iu doiiht. It may be recorded in the form of a separate note ; but if the United States will not airree in inincii)le that iuiiiiiry shall be made by a Joint Commission as to what permanent measures, if any, are necessary for the preservation of the seal species, it is useless for us lo involve our people in the incoiivoaionce and cost which a close time for this year uimiil entail. 'Hie iiwilus Vivendi is rendered much less valuable by the reply of the President with rL'::aru to iJussia. ^'o. 2tj. '/)• .7. Pauncefote to the Marquix of Salishury,'-{Received June 10.) s;:,- Creloariiijhic.) fVashincjton, June 10, 1801. Wi'i'll reference to my telegram of last nip;ht, relative to Uehriiig's Sea. I have the honour to inform your r.onNliip that 1 called this morning' ou Mr. Wharton, the Aetinn' Secretary of Stale, i exjilained tliat tlio words, "food skins, and not and slii|);i:ent," had been inserted in .\rlicle .it lt of tiie ]>(i7 lini;, we are prepared to allow Russia, under similar circumstances, to stop nur own ships. No. 29. The Marquis of Salisburi/ to l^ir R. Morier. (Telegraphic.) Foreign Office. June 10, ISUl. THE answer is " Yes " to tbe question asked in your telegram of to-day. No. 30. Foreign Office to Colonial Office. Sir, Foreign Office, June 10, 18!ll. I HAVE laid before the Marcpiis of Salisl)ury your letter of the (*tli instant. iiu-iiMnir a protest from the Board of Trade c*' British Columbia against the i)roi)osod prohibition of sealing in Behring's Sea during the i)resent season. I am to state, in reply, that Lord l>alisl)ury concurs in the answer which Lord Knutsford proposes to return to this commutiication. I am. &c. (Signed) P. CUIJRIE. No. 31. The Marquis of iialisliurij to Sir J. Paunccfote, (Telegraphic"! Foreii/n Of/ice, June 11, IS'.H. BEHRING'S SEA znor/i/.v nVe/irfi. Before you can be authorized to sign tlie Airrcement, as suggested in your ti'lotjraiu of yesltrday, you must obtain a written a>surance in some form from the I iiited States' Government that they will agree to the proposed reference to a Joint Coniuiis.-ion of Experts. ; i >■ No. 32". Sir J. Pauncefole to the Marquis of Salisbury. — {Received June 11.) (Telegrir ) Washington, .!une U. l^i)l. 1 1/ ;' no time in addressing a note to the Acting Secretary of State in the sonsc your Lorn .., s telegram of to-day relative to Behring's Sea. 'Ibis atiiinoon 1 received a reply in the following terms : — "The United States' Ciovernmeiit, recognizing the fact that full and aiki|iKilc measures for the protection of .seal life should embrace the whole Bichnngs feca and portions ot' the North I'acific Ocean, will have no hesitancy in agreeing, in comuiiion with Her Majesty's (lovernment, to tlie appointment of a Joint t'onimission to asciilain what permanent measures are nece.ssary for the preservation of the seal species in llif waters referred to ; such an Agreement to be signed simultaneously with the Coiivciimm for Arbitration, and to be without prejudice to the questions to be submitted Ui iliu Arbitrators. 1 i I lit lor "in 10, lyil, J that, if we c 1^()7 line, 10, ISiJl. " 1(1, 18111. ant, inclosing d proliibilion wliich Lord CUKRIE. 11, l>'.tl. iMir ti.'leL;r;iin the United Conimis^ion 17 " A lull reply to jour note of the 3rtl June relating to the terms of arbitration will ,()t be Ion?: dolayod," (The note of the yrd June quoted above conveyed the sense of your Lordship's loli^'MU' of tlie '.'nd June.) On receipt of this ro|)ly, wliich «as lianded to me liy Mr. Wharton, I expressed my reirrct and disappointment at tlie stipulation contained in it that the Agreement for a Joint {'oininission sliould be siuiied sinudtaiicously «ilh the Convention for Arbitration, lis till' romniission's appointment niigiit Ijc tiiercl)y indefinitely delayed, "ith the result tliiit ^^t' should lose tlrs year's season. Ho replied tliat the ol)joct of the stipulation was iiininke it clear to the public that the Joint ("ommis-ion had not been acceiited by the I'liilcii States' Government until it had been definitely agreed that the settlement of the loL'.il riLihts in dispute between the two nation^ sliould be referred to arbitrati'jii. He nfsuied me that tlie President \\as most anxious that tlie ai)pointment of the Commission slmiiid i)e early enough to })ermit it to commence its work durini;- the season. In order tosci'urc this result lie would do everything' in Ins power to expedite the signature of the Convention for Arbitration. 1 await your Lordship's further instructions as to the steps I should now take. Xo. ;33, Tlw Marijuis of ^•iaUslniry to ^'(^■ ./. Pauncefote. v;;,- Foreign Office, Juii' 12, 1891. 1 HAVE received your des])atcli of the i?Sth tdtimo, inclosing copies of corre- sjiiiiideiu'e with the Acting Secretary of State respecting the proposed modus vivendi in Beiiriiiii's Sea. Your note to Mr. Adee of the 2Ttli May is ajiprovcd by Her ^Lljesty■s Government. I am, &c. (Signedj SALISBURY. No. 34. Colonial Office to Forriijn ()rficr.—{I!fcelved June 13.) ^„. Downing Street, June 13, ISfM. ' 1 \M directed bv Lord Knutsford to transmit to you, for the information of Iho Maniuis of Salisbufv, a copv of a telegram which has been sent to the Governor- luiieral of Canada, rJspecting the selection of two British experts on the Joint i'n;ii;;;isM„n of iu(piirv into the seal fishery in Behrnig's Sea. I am, &c. (Signed) JOHN BRAMSTOX. 'ii •) 11, is'ji. in the sense nd a(lei|iiato jr's Sea and :\ connertioii to ascTtaia pecies in llif Conv<'ii!ion litted to llif lnclo.sure in No. ^51. Lord Knut.ford to Lord Stanh'ij of Preston. r, Ir.nnhic ) Downing Street, June V2, 1^01. SII.IlL be glad to know views of your Ministers as to selection ot two Imt.sh '-n. lUhriiig's Sea Arbitration. , , . •■ , ,;, . „„., t;,->n \\> think Baden-Powell, Mend.er ot Parliament who has >tuuied ^''^ 1 '^f^ "; «ouuM,e valuable, and conclude he would be acceptable to Canada. ne "ti cr si.ould h:ne -pecial s.-ientif.e or practical knowledge ot seals and their liabU.^. lau ^ou. Muii>ieis propose well-(iualilied person .' [572] D h 18 No. .'^5. Tlir Afarqiiis of Sdlinlinnj to Sir J, Pauncofotp. (Ti'loirraiiliic.) Foreign Office, Junr IH, l«Ol. MODUS rTVEXDIm Bohrinjr's Son, You nri' iiiitliorizcil to si^ii tln" Aurri'onionl. rcrnrdini!: that you do so on tlio clear undorstiindiii;:; tliat thoro will l)e no jdcda^' in the aiJjiointiiH'iit of the Con\itii-Nioii of Experts. ^\ (' will send instru('tioii>4 to our oruizors as soon iis wo liear that you liavo siirniMJ. No. .%, J?tr J. Pauncefoie to the ^farqnis of Sallslntry. — {Received June IM.) (Toloo;ra))hir,) Washington. June l-"., IS^OI. I.MMKI >IATF,LY on tlio roroipt of your Lordsliip's telofrmm of tho l.'Uh instant on the subjcci of tin." inodus vivmiH in iU'iniiin's Son, 1 addressed a nott' to ti'.i .\ctin',' Soerelary of State, informinij him tliat I liad received your Lordship's authoriz.it ion tn ."iiijn the mndu^- rivnidi, on tlie elear underst.'indinu tliat there would he nt; delay in ajipointinij tlie .loint Coniniission. The fojlowini;- are the terms of the note which I liave received, in reply. frr;;ii Mr. Wharton: — assent The President directs nie to say, in response io your note of this d.ate, that his to tile ))roposition for a Joint f'onunission, ns expres^oil in my note of the !Uh .lune, was fjiven in the expectation that l)oth tiovernments would use every proper eifort to adjust tlie reniainin;; jjoints of ditl'erenee in the ;j;eneral eorrespoudence relating to arbitration, and to ap:rec uiion the definite terms of a suhmission. and of the aiipnint- mcnt of a .fnint Commission without unnecessary delay. " lie is n;lad that an a'jrreement has linally heen reached for the peiidinn- sca>oii.' The note iiroceeds with an invitation to call on Monday next, at li> o'cliuk, at the State r)ei)artment, in order to s\ Forrli/n Office, Jinir 1 1. l^'.M P.KI li: INT.'S SRA «io,/«.. r/mir/;. In reply to your tcleirram of to-day, T have to inform you that you are aiitlmri .nl sign the Airrccment. No. 3S. sir .7. Pminrefote to the Marquis of Sali.ibury. — {Received June 14.1 (Tclesrraphic.) Washinijton, Jmu' 1 1, 1 -'.'!• Till'] Aetiiiff Secretary of State and I have I'list sifjncd the Aj^reement lor a Miim j virvmli in J5chrini,''s Sea. [ am now awaiting an apjiointment to continue the di.scussiou of the iLnusotl arbitration. The above has l)een repeated to Lord Stanley. 19 No. 39. Sir J. Puuncefote to the Marquis of Snlixbury.— (Received June 15.) My Lord. U'nsliiixilon, Jmw 5, 1891. WITH rof'oronce 1() my teli'Krnin of (lu> ;'.nl instant, I have tlu! honour to inclose cdijics oC the McmoriHida l)ascd on yunr liordsliip's tclenranis of the L'nd instant, on llic suhjcct of the inoilus rivenili in Hchrin^'',s Sea, and of the terin;- of arhitration rcsiiei'tively, which I left yehtor(hiy nioruinjj wilii tlio Un(hn--Secretary of State. 1 have, &c. (Siyned) JULIAN PAUNCEFOTE. luclosure 1 in No, ;il). Mciiioriindum. Projiosul uf Ilrr Mdjesty'^ Government for n nioduH vivendi in the Behrimfn Sea dnriwj the present l').sheni iSec-son. 'fllE Governments of drcat Britain and of the United States shall prohibit, until Mav 1^1)2, the killiiij,^ of seals in ik'lirinn's Sea or any islands tliereof, and will, to the best of tlieir power and ahilily, insure that the subjects ami citizens of the two tuitions re^llcctively, and the vessels fiyiuf;' their respective Hans, shall observe that prohibition. 2. Purinn; the period above specified the United States' Government shall have the ri|:lit to kill 7,500 seals. 3. Consuls nuiy, at any time, be api)ointed to the islands in the Behring's Sea, and the Uuiteil States' Governnu'iiL will i;rant an exeijualur to any such Consul. 4. Unless tlie assent of Russia be obtained lo this Convention it shall not come into uneration. (Signed) JULIAN PAUNCEFOTE. Washinijton, June 3, 1891. Inclosure 2 in No. 'M. Meniorniiilum. THli) Undersigned has been instructed by the Maniuis of Salisbury to inform the United States' Governiuent that, llor .Majesty's Goveriiuieut are prepared to assent to the lirst live ciucstions proposed lo lie submitted to arbitration in the note of the Honourable .lames Vr. Blaine to the Undersigned, dated the 14th Ai«ril last. Her ^Majesty's Governnienl cannot give their assent to the sixth (luestion lormulatcd in that note. In lieu thereof they propose the appointment of a Commission to consist ot four e.\i)erts, of whom two shall be iKUiiinated by each Government, and a Chairman, who shall be nominated by the Arbitrators. The Commission shall e\ainine and report on tlie (piestion which follnws :— " I'or the purpose of pveserviui;- the fur-seal race in Behring's Sea irom cxtermiiuition, what international arrangements, if any, are necessary between Great Jh'itam and the United States and Russia or any oilier I'ower ?" As regards the question of compensation Her Majesty's Clovernment propose the following Article : — . . •• It shall be comiietent to the Arbitrators to award such compensation as in their iud-ment shall be equitable to the subjects and citizens of either Power who shall be siiuwn to have been damnilied in the pursuit of the industry ot sealmg by the action ot the other Power." „,, ^ , ,^, ,, , i,^-^,,,-,^rF,i (Signed) JULIAN PAU^SCLIOTL, Washington, June 3, 1891. [57U] D 2 Mi I 10 No. 40. f^ir J. Puunrefoto to tlif yfnrqiiis of t^nlishiirii* — (lirrrirrd June 1 ;'>. ) Mv Loridi, "WITH roforcnco to niv tfli'unini of tlu> Itli iiisiant. I jmvo tlic iKiiiDiir |„ inclose a copy of a iidtc whicii 1 roci'ivcd ycstcnljiy iVoiii tlit< ironoumlilc Willivn Wltnrttm. tlio .Actiiiy,- f^cfrctary ot' Stiitc, in reply lo tlic coiiiiti'i'-proposnN nf [1,.^ Mnji'sty's (ioviTHiiu'iit for a modus rireiidl in lit'liriiii;"s Soii, commuiiicati'il liv inr In tlic Vniti'il .^^tatos' OoviTiinu'nt in apcordancc "itli tlio instructions contained in veiir Linl. sliip's toloLirani of tiic 'Jnd iii-.tanl. 1 have. ivc. (Siirncd) .U'LIAN' iwrNrKroTi Inclosure in Xo. H>. ■J . Mr, Wharton to Sir J. Pnuncpfotr. Sir. Department of State, IVa.shiiKjton, Jtnie 1, 1*01. I AM directed by the President to say, in rc])ly to your note of the ."ml ii:>!;int, convevinjj to the CJovenimcnt of the I'nited Slates the response nf Her Maji.stv'. Government to tiie ](ro])isal of Mr. I?laini> for a modus rirnidi, rehitiiii; to the •>c:i; fisheries in Rehrinij's ."^ea during- the ])rescnt season : — First. In place ot the first and second suh-divisions of the Airrocinent as suliiuitioi! hy you, tlie President suuijests the following-; — 1. The (loverninent of (ircat Britain shall jirohihit until May \^d'J the killii!.' iif seals in all that part of ]'.eliriny;*s Sea lyiui;- east, eastwardly or soulh-eastwardly nf the line described in Article I of the Convention between the United States and llii^sia ut date the MOth .March. ]S('»7, and will jironiptly take such ste])s as are best calciihitoi! etfectively to insure the observance of this ])iohibition by the subjects and ciii^cns ut Great Pritaiti and all vessels flyiui^ its fla^■. 2. The Government of the I'liited Mates shall pndiibit, until May 18'.i2. the killin:: of seals in that part oat uritain has luvn iinut..;i to that imrt ot' ivhrm;,';^;;' ^lif,,;;;}'^ ;i;;^'i;;j';;J doin;ukaUon dvsvnhrd ra .,ur t onvontion «ith llussia. to nhhdi reference lias already Innii made, and that Kiissia ha^ never asserted any ri-hts in these waters atFeetin- the siiliierl-niattci- ot tins eontenlion, and eannnt. therefore, he a necessiry jmrtv to Uiese ne-otiatnms. it they are not now impmperlv expanded. I'nder tlie' Statutes of the I niled States, the I'resident is authorized to prohihit sealing in the l',ehrin-s Sea within t!ie hmits deseriiied m our Couveniion uith Russia, and to restriet the killin'i- of seals on tiie ishuids ot tiie Tnited States; hut no authority is conferred upon hiiu to prohibit or make i)enal the takinj,' of seals in tlie waters of I5ehrin llie law provides, should be incor[)orated here, the more ollectually to carry (Uit the stipulations of the respective (lovernments to prohibit their ('iii/ens and vessels from takini;' seals in the specified waters of Belirina''s Sea. Having-, with a view to an exiueucy which he has several times caused to be explained to y.ui. proinjitly resjiondeil to liie ^ii^uestious of your note of yesterday, the President directs nic to sav that he will lie ph'ased to have from Liu-d Salisi)ury a prompt response to these sncfircslions. 1 am further directed by the President to say that your note of the same date rctcrrin^- to the conditions of the proposed arbitration, and statini;' the objecti.m of Lord ,<;iii-bnry to some points in the proposal of Mr. IHaiiie, will have the early attention of the President. I have, .'^cc. (Si-ued) \VlLLlA>r F. WHARTON, Acting Secretary. Hi Xo. 41. S'/r R. Morin to the Muniuis of Salisburii.—iRcreired June 15.) y]y j^„r,] St. Pi'tershurcih, Juni- 10, 1891. ■ \V 1 i'eN vonr Lordship's tele-rMm of the 2nd in>tant, respectin- the seal (piestion in ih,' P.elirinc's' Sen. reached St. Petersbur-h on Wednesday nlon^n^^ I chanced to be in Finland, whither I had -one for an indispensable chan-e ot air AL dc Giers also intended to proceed thither at t!ie eiui of the week. The places where we were respec- tivelv fitavim; were a consi.lerable distance apart, and .'is I was not sure which day M. de Giers was leaving St. Petersburgh, I did not know whether to go to the capital or to Ills couiitrv lioii.sL'. 1 iu'conliiiKly trk'ffriiplu'il lo Mr. Ilowanl to iil oiico luldioM a noto to thir Koreij,'!! Ollicc in tho hciihi! of your lionlsliip's toK'^rriim. iiml arriiii;'i'il to meet M. ik- (licrs at Iii-; comilry lioiist' on Sun. liuj tcliM:i'!i|ilicil till' coiiti-nls of Mr. liowanl's noir (i> M, ilc CiiTs, «lio, wIr-ii I roacliml liim on Sunday, liail had tin.- papiTs ronne'cU-d witii '.!io sulijcct Mcnl iip to liini, and Viis in j, jiosilion to i:ivo a |irovi»ioniil rv\>]y. Ili.i llxrcllcncy'.-. statmirnt was to iih'ral)lo tiinc, and nuiny jiroposais had hccn snl)mitti'd to him hy the I'nilcd St;iti>' I)c|iarinit'nt. to nono of wliich, ln)wi!vcr, iiad In- hoi-n ahh' to yivo his ussciit. So far as he could sec, yoin- liordshiji's ])ro|)o>al was very reasonable, and its jirinciiilL'— namely, to j;ive the seal fisheries ji year's rest, in lu-der to eome to a delinite arraii^. iiU'Lt as to llu! l)est means lor iireventinii' the doslrnclion of the.se vahiahle animals— -was one with which lie had the fullest sympathy. It was iin|io>sil)le, liowever. to :;;ive nic an aTiswi'r oll-liaiid, liecanse tlu' mailer lay not with the Minister for l'"orei;;ii .Vllair-^, lnit with that (if thi' Domains, Now it so ha|ipcucd thai ipiite lately the former t'ontrai-t ot the (lovermnenl willi the .Alaska Company had leriuinated, and a new t'ontracL wiiK a Kussian Company had l)een suhstitnted for it. Whether M. Oslrow.ski, the Mini-,!, r uf the Domains, would he in a po>iliiin to ])nl this Conlracl in aheyance for the next luclvc months, and wlictiier, if he could, he woidd he aide to do so without hrin^iini; ihc nniuer ajjain hefore the ('ommittei> ot Ministers, which would re(iuire some linu.', his l-iXccilcinv could not tell me till he received a ri'ply from his cidleayue. lie had written to him to nr;re expedition in the matter, and hoped to he ahle to li'ivc me a delinite answer hy tiie middle of the wcik. On my return to St. i'etershui^h I called upon M. Ve-^hniakolf, the dllrr niit nt'the Minister of Donniins, and urneil on him the desirahility of expedition. I found hiai well disposed towanis the proposal, aiul I may tlierct'ore hope that a favouiahle answer will he giNen. On the receipt of your ljord-.hip's t(lei;rani <>f the '.ith instant this morning, 1 addressed to .M. de (iiers a iu)te emhodyin^- its contents, and called in the afteiiuinii on M. Shishkine to urije that it siiould he immediately sent to the Ministry of Domain-, Hi was not in a position to discuss the luerit^ of this new deiiarlure. I have (he honour to transmit lierewith copies of Mr. Howard's note of the ■ instant and of mine of to-day'a date. 1 liave, &c. (Signed) li. B, D. MOIMER tth Indosure 1 in No. 41. Sir li. Murivr to M, ilv Gicr.s. M. le :\linistre, SI. Pcivrsht^njh, V't -■ 2.'} {June 4), 1-^!H. 1 UAVK been instructed by Her Majesty's l'rinei|)al Sec'-einiy of State for KurciLiii Afhiirs to inform your Hxcelleiipy that Her .Majesty's (Jovernment have a^;reLMi lo u propi^snl of the I'liiled State>' noveniiiient to sus|ieii(l seal-huntin;^' in the water- Mini islands of the rxhrin^^'s Sea until the month of May next year. The two Powers eii:;;i;''-' to prevent, to the best of their Jihility, seal-hunting' of every kind on the part of their subjects, with the excei)lioii. however, of allowini;- 1JM) >ea!s.to be taken for the .-u|iii'ii! ol the Aleuts I'lnployed by the Alaska Company. Lord Salisbury adds that, of ceiirse, there can be no (juestion of this .Vgreemenl bein;;- sii;ned unless itn.ssia is williiiir to become a party to the same, and I am accoidingly instructed to inquire of your ll\i.cl- leney whether the Imjjerial Government would be dis|)o.sed to co-operate with the other two Powers concerned in eli'ectiug the proposed .suspeiusion. I avail, c!v:e. (For Sir li. Morier), (Signed) HENRY HOWARD. 2n fnrlomiro 2 in No, U. !^lr n. Mor'ipr In M. (h- flhr.i, ■'• ''u-l-rii*'"'''.- i ■"'• P'-l'r^^'or'jK ^H i'O (./»». 10), ISQl. Willi nl.To.K'.. fo my nofo of tlio '_'r^,,| M„y f ith .l,mc). 1 Imvv n, a tl„. honour to .nl.Hin you llml I li:ivv nM-nvc,! in>tniclions tVoiu tlio Maniui. of S,ilisWv to point out to vonr Kvcclioncy lliat. owin- to tlio Co.Htil.itional liniiU placl uj.ou tl,.. nowurs ,.UTCis<.(l by tlio IvKirulivc ( Jnyonim.-nl, of tlio I'nitcl Slatiw, (:„• jMoimsiil of llor Mnicsty'rt (Jovorimiciil is !in,iti.,l to tli.> oiifoiivnu'iit of ii do^,. si-asoii on land mid >ioa ,.,•:! ot tlio hno lixnl l.ytho Treaty of IS.;;. Tlicy nro nm.nli.i-lv onlv anxious tliiit I!i:>sia s|„iul jiortion of the I'.eiirin;<"s Seii. It will eii'arly he to llussia's interest to nrant this re(|uest, as a ehise season lo the cnst of the 1^07 line will naturally lienelli the lishinL,^ on its uv^tern side. I avail, I'v-e. (Signed) K'. I'.. [). MORIER. No. 12. f>'ir E. Millet In /If .Urt/v/t/w i]l'Siilishiiry,—{RfC''irfdJiiiif 15.) My Lord. nerlin, .liuw li?, 1.«01. W rrn reference to your liord-hiii's despatch of the "rd instant. insfrnetiiiL,^ me to ascertain wluther the intcnsl tak<'U liy tlie (Icrnian (JovernmenI in th(> lleiirina's St a seal li-lierr' was such as to make it advi^ahle to a-^k their eoneurrcnee in tiie su<])en- -ilay heini issued hy the President, of wliieh 1 siiaU «end the text hy mail to-morrow, endiouyins the terms of the Ai;reement for tlio modug ■ y'urndi in lU-iirinn's Sea. No. 14. Admirnlii/ It Foreiijn OJ/ic — {Received Jitnc 17.) «;j,. AilmiivlUi. Jinu; 10, ISOl. WITTf reference to previous eorrcsp(mdenco respeciinA' the r.eiirin£;'.s Sea seal ii-hery, t am commanded l)y mv Lords Cmnmi.ssioners oi the Admiralty lo liiui.-.mit herewith for t!ie iiUormation ot' the Secretary of State for Forei-n All'airs, copies ..f tele-rams wlii.di have thi> dav heen sent to the Commander-in-elnet m China and the Senior Otlleer at Ks,piimait. direetin- Her Majesty's ships '• 1 orpoise, •'\ymphe,-' and " Pheasant" to proceed to Hehrin-'s Sea tor fishery^ duly, and o carrv mit the provisions of "The Seal I'ishery (Hehrinn's Sea) Act, l.-5.)l. i am, v'i.-c. (Si'mod) E> AN MACGllEtiOil. 24 Li Iiiclosuro in No. If, [Telegraim irnl to Cominumh'r-in-chief in China m'i1 : — Article 1, clause 1. llor ^Majesty the Queen may, liy Order in Couneil, proliiliii tl,,. caichinuf of seals hy Britissli sliijjs in J5elHini;'s Sea, or such part tliereol as is (k'!iiic(i iiv the s-aid Order during liie jtcriod litniled hy the Order. Clause -. While an Order in ('enneil un in iorce, a person lii'l(in;,'inrr to a British ship shall not kill or take or luii.t, or altenipt, to kiil or take, any seal uuliin Behring's Sea during the period limited hy tlie Order, and a Hrilish ship slail nut, nor shall any of the e(|uiptnent or erew thereof, lu' umiI or employed in such kiliinir, takinc, hunting, or attempt. Clause 3. If tliere is any eontravonticm of this Act, any person conunitliii:;;, procuring, aitling, or abetting such contravention shall he guiity of a niisdenuMiiour within meaning of "The Merchant Shipping Act, 1S.')4," and the ship and her eijuiiniicnt, and everything on hoard thereof, shall ho forfeited to Fler Majesty as if an otlcnce had been committed under section U);3 of the said Act, and tin' provisions of sectiinm lo;^ and 104 and Part 10 of the said Act shall apply a^' if tliey \vere herein re-enacteiJ, and in terms made applicable lo an oti'ence and iorfeiture under this Act, Clause 4. Any commissioned otiicer on full i)ay in tlie naval service of IKr Mnjesty shall have power, during the ])eriod limited hy the Or duty, to he iriili,T est! ves-cis to clamalioii in clear to yin. rocecds in :i ,1 ;w to ii;u>-i hi' huutli-i'ii>' Tn Commandpr-in-chief, China. Order « Porpoise •' to proceed to rendezvous at Tliuliuk Ilaihour, Oiinalaska, Uchrin-r's Sea. lor service on fishery duties; will receive orders from " Xvmplie." Order ajccssary chart.-, Hian ve- -jIs were not in tiic liahit of hunting seals to the east of the Kiissian-American line, .and were certainly never encouraged to do so. He said that he would transmit to M. tie Ciers a pressing reijuest. I am, kc. (Signed) SALISBURY. No. -ItJ. Sir J. I'duuce/ote /g t/ie Maniuis of Salisliunj, — {liecrirrd June iS.) M Lord, IVashinrjIon. June '.I, 1S91. 1 HAVE the honour to inclose copy of ihe note which, on receipt of your Lordship's toK jrarn of the .jth instant, I addressed to the Acting Secntary of State inclosing a .Memorandum, copy of >'.)1. IMMI'^r lATFiliY on tlif roccipl of jour unto of the tth insiiiut, relative to the proposed modus rivondi in Beliring's 8eii, I conimiinicaled its ooutcnls to tlic .Mar(iui< of Siilisliury by tclcirrapli. I Iwve now the lioir^ur to iniorni you that late la>t iii^hl 1 recoiveil a ti'lei^raphic reply 1'rom liis Lordship, of 'vhich tlie substance is coiitaiucd in tlie inelosed .Momo. randuin, I have, &c. (Signed) JULIAN PAUNCEFOl'i;. T- -V-- '.ro 2 in No. Hi, I Mflwovandiim. HER Majesty's Government accept the proposal of the President tliiit tlio modus vir )idi, it'ai^i't'ed upon, slinuld inoviile that tlie naval or other duly commissioned olTicer> of eitlnr party may ari'est any oU'endin::- \ossel and tm'ii il over at the ocai'est ])ort of the ration nhose llay; it carries, for -ni'li indicial in'oeeediiiiis as the law provides. I'y ae-cptinu' tins ]iropos:il, Her .'\laje>ty"s ('overnment L^ive to tlit^ crni/.t.;rs of ti:o Un''e(; Slates the power of sujiervisinii' the coiidiuH of British subjects in obser\ins the ])ropo-ed ai;", eenieut at sou. 'I'lds is a concession whieh. in Lord Sali--bin'y's opinion, I'ntit'.es Her Majesty's (Jovernment to ask i'rcm the United States the correseoiKhui: power of supervisiufj the ))roccedin^'s of rnited Slates' citizens on the Seal 1-lands. It is on the fulelity with which the condition of not killiuir more than T.'jOO seals is observed tliat the e(|uality of the ])r()posed aijrcemont depend.i. Her Majesty's (Jovernmcnt, therefore, rcu'ard it as indis])ensab'ie that they slinuld liave tiie rijil'.t of satisfvinu' themselves that this cmidilion is fidly :«re that l;ord Salishury will not (|ues(ion (lie ahsohite good faith of this Government in observing its sdpuladon to limit the catch to 7,oOO. This Government could not, of course, consent to any arrangenient that implied such a douht, or involved any foreign supervision on (he islands. If the iirompt and e'leetnal reeail of the fleet of Canadian sealers now at sea was as fully within tiie control of (Jreat Uritaiii, the President would not have suggested the provision for the arre.-t hy either parly of vessels violating the prohihition, but would r .issuianee given hy Her Maii'sty's Government. ■■ tliiit (he evidence which (lie respective Governments will : hat happy solution of (lie pending ilifficiilties shall he uuring the jiresent season, and as the definitive Agreement concluded eontemporane nisly with (his Agreement, the President directs me (o say (ha( he is (piite willing to auree thai Her ^Injcsty's Govern- ment may send to the Seal Islands with a view (o collecting the fr.ct;; 'Jiat may be involved in an arhi(ra(ion, and especially fac(s relating to seal life and to the iC«".ltd of the mediods which have been iiursued in the killing of seals, a suitable person or persons to make the necessary observations. The |)resent and (he comparative coiiditior.s of the rookeries may heeoine nn important •"on-^ideration before Arbitrators in a certain event, and (he I're^ident would not a>k that (lie evidence' upon this subject should he wholly from one side. He is desirous that the prohihilion of (he killing of seals for this season shall be as wide and absolute as po-sible, and will no( onii( (he exercise of any power conlided to him by law (o ])roni()(e tlia( end. He direc(s me (o assure Lord >"ali^i)ury tliat he is extremely desirous to bring to a speedy coneliisioii the pending negoliatiev-' for the submission to impartial Arbitrators of tlu' points of dilierence between th'.- . .vo Governments, and regrets that, for reasons ivhieli have bei-ii explained to you -.•• '.ni iiediate answer caniiol be returned to his Lordship's note mion that subject ■ tl: >ul instant. He feels sure, however, that the prompt announcement of an agr mi. • . •■iiall have no e(lee( (o liniif or prejudice the rights or claims of either Power except as iheri'in expressly stipnla'i'd and !.u' the (ime (herein limi(eil : — ■.. The Goveriimeiii i'V-n.-.i Britain will prohibit iinlil May 1>*02 tb.e killing of -"•Ills in all that part of , Beli • '"'• Ses lying east, eastwardly. or soiith-eastwardly of the line deserihed in .vr.iiiO I oT .,.• i'.mv. .tion lietween (he I'nited Sta(cs and Kussia, <>\' the Miitb March. 1^(17. juid uv tlio citizens of tlie United States, ami the vessels llyin;; its ting. 3. All vessels or persons violating- the laws of their respective Governments i i this regard outside the ordinary territorial limits )nay be seized and detained by the naval or other duly commissioned officers of either of the }liji;h Contracting^ Parties, biil thcv shall be handed over as soon as j)ractieable to the authorities of the nation to which theV respectively belong for trial and for the imposition of the penalties and forfeiluros provided by law. 4. In order to facilitate such ])ropcr inquiries as Her Majesty's Government niav desire to nuike with a view to the presentation of the case of that Government betor'o Arbitrators, and in the expectation that an ajjreement for arbitration may ultimately bi reached, it is agreed that a suitable person or persons to be designated by Great Britain will be permitted at any time, upon application, to visit or to remain upon the seal islands during the present sealing season, for that purpos'\ 1 have, &c. (Signed) W. F. WHARTON. No. 48. u I'ii VI Colonial Office to Foreign Office, — (Re '<, 'd June 18.) Sir, Do\ treet,Junc 17, lSi)l. AVITH reference to your letter of the 10th instant, i;.m directed by Ijord Knutsford to transmit to you a copy of the reply which he caused to be retuinod to the letter from the High Commissioner for Canada, forwarditig a jjrotest from the British Columbia Board of Trade against the prohibition of sealing in Behring's Sea this season. I am, at the same time, to transmit to you, to be laid before the Marquis of Salisbury, a copy of a despatch from the Governor-General of Canada, forwarding cojdi's of telegraphic protests against the prohibition from the Premier of British Columbia, and from the British Columbian sealers. Lord Knutsford jirojjoses, it Lord Salisbury concurs, to refer the Governor-General to the despatch which iias bec'i sent to him containin;;: the correspondence with tin; High Commissioner, and to desire him to reply to these telegrams in similar terms to the reply addressed to the High Commissioner on the i;3th instant." I am, &c. (Signed) JOHN BRAMSTOX. Incloaurc 1 in No. 48. Lord Stanley of Preston to Lord Knutsford. My Lord, Government House, Ottawa, June I], 1801. WITH reference to my telegram of to-day. I have the honour to inclose herewith copies i)f telegrams from the Premier of British t.'olumbia, and from the British Columbia sealers, protesting against the Bill prohibiting sealing in the Behring's Sea. I have, &c. (Signed) STANLEY OF PKESTON. Inclosure 2 in No. iS. Mr. Robson to Mr. Dewdnei/. (Telogrnphic.') June 2, 1891. BRITISH Columbia sealers strongly protest against close season this year as it would ruin them, all their preparations and contracts having been made. Please wire me when it is intended closed season shall eommeuce. • See No. 18, ami liulosure 4 in No 48, infra. ftMiifipfflM- (Tcloi:T;ipliic.) HKMTlSir Co Behriiig's Sea 29 [nclosiirc 3 in No. 18. Mr. Cox to Mr. Tapper, .linii- 1, 1S!I1. liinibiii scalers ask you to protest against Bill pr()liil)itii)^r SL•a!i!l^• Very unjust to us. Heavy capital iiucsiod ; would ruin many liere. Inclosurc 4 in No. 18. Colonial Olfcc to Kir C. Tapper. Mr. Jkiwniiuj Street, June 13, 1891. I AM directed by Lord Kmitst'unl tn aeknowledgc the receipt ot your letter of the lip] instant, forwarding copy of a telegram from the President of the Board of Trade of Iiritish Columbia, protestiug against the proposed prohibition of scaling in Behring's Sea this .season. 1 am to point out to you, in reply, that as the total cessation of sealing in Behring's Sea will greatly enh.ance tlic value of the produce of the coast fishery, Her Maje.sty's Government do not anticipate that British sealers will suffer to any great extent by exclusion from Bchrnig's Sea. Tliey will be prepared, however, to consider any case in wl ich it is clearly I established that direct loss has been suffered by a British subject through the enforce- ment of the prohibition against sealing in Behring's Sea. I am, &c. (Signed) JOHN BRAMSTON. No. 49. Colonial Office to Foreign Office. — {Received June 18.) Mr, Downing Street, .Tune 18, 1891. 1 AM directed by Lord Knutsford to transmit to you, for the information of the M;ir(iuis of Salisbury, a paraiihvasc of a telegram which was sent to the Governor-Gcncra( 111 CuTiada respecting tlie nomination vf ihc British members of the Commission ot E\pcrl>. togetlior with a paraphrase of the reply which has been received. Lord Knutsl'ord presumes that Lord Salisbury will submit the names of Sir G. Biuicii-Powell and Mr. Dawson for Her Majesty's approval. I am, &c. (Signed) JOHN BRAMSTON. Inclosurc 1 in No. 19. Lord KnutKt'ord to Lord Stanley of Preston. Telegraphic.) Dotvning Street, June IG, 1891. I'LEASE inform uio In tci('gra])h as soon as you can of the name of Cauadiari .sport to he a.ssociated with Sir George* Badcn-i'owell. The names have to be -uhmittcd to Her ^lajesty. It is ])rop()sed that Sir G. Badcn-rowell should proceed Aortlv to Ottawa to consult with vour Government. Inclosurc 2 in No. 49. Lord Stanleii of Preston to Lord Knutsford, Mv Lord, Government House, Ottawa, June 17, 1891. 1 HAD the honour to send to your Lordship to-day a telegraphic message in cypher, ■>i "liicli the following is tiic substance : — Witii reference to your message of yesterday's date, Dawson, of the Geological purvey of Canada, is recommended l)y the Dominion Government. Vou could not, I think, have a better representative. Buden-PoweU's appointment is concurred in by the Canadian Government. 1 have, &c. (Signed) STANLEY OF PRESTON. Ill 30 No. 50. The ^f(lr(luis of Snlisburi/ to Sir R. Morier. Sir, Fnrri(i>i Ofliro. June 1,'5, 1<;91. WITH lol'oroiiec to your despatch ol' tlic 10th instant, I tiansmit lieie»vith, for your l']xcol!oncv's information, two roi)ies of the text of an Agreement iietwofn this country and tlic riiiti-d States which Sir J. Paunccfolc luis boon authorized to sl^n tor a modus rin ndi in liclirin^'s Sea initil .May lSil2. Sir J. I'auncefote has reported, hy telegraph, tlial tlu.s i\i;roenieut was ^i^nied at "Wasliiniiton on the lotli instant. As soon as the Ajrreenient is received as signed, a copy will he forwarded to ym for communication to the Russian Government. 1 am, &c. (Signed) SALISBrUV. ;^:| No. .-.I. The .\f(irquis of 'ialit^bitri/ In Sir l\. Morier. Sir, Forritjn ()//icc,Jinif W), ]SU]. I HAVE received your Excellency's despatch of the 10th instant, reportiiia; a conversation with il. de friers respecting the proposal, that Russia should joiu in the Agreement for a modus vireiidi in Heliring's Sea which was in negotiation, and ha> >iiicc been concluded hetweeu this eountrj and the I'nited States. Your Excellency's proceedings with reg.ird to this matter are approved hy Her Majesty's Governmeni. I am, &c. (Signed) SALIS]5UltY. . 1 w ■ i li i Xo. 52. Foreign Ojfice lo Colonial Office. Sir, Foreign Office, June V.>, ISIM. I A^I directed hy the ^^ar(plis of Salisbury to ackno^N ledge the receipt of your letter " c" 17th instant, inclosing a cojiy of a despalcli I'nnn Lord Stanley of l're4o!i, witli copies of telegrams from the I'remier of l!riti:-.li Columbia and the i>rili-ii Columbian sealers protesting against the prohibition of sealing in liehring's Sea tor this season. 1 am to rei|ue>l that you will >tate to the Secretary of State for the Colonics that his Lordsliip concurs in the reply which it is proposed to return to the (iovernor-Generals despatch. I am. Ikv. (Signed) T. II. SANDEHSON. No. 0',). Sir .J. Paunrefole to the ^f(ln/llis of Salisliiini. — {I'ecei'ed .liiiie 20.) (Tclegra))hic.) Washintjton, June 20, 181.ll. WITH reference to Behring's Sea tiegolialions, the retm'ii of the I'rcsldcnl toj Washington from the seaside is exiiecled on Tni'sday, the Q-^rd, and at the Slntc l)c|):iil-j ment [ am assured that he will then jiroceed at once with the subjects that reninin i"rj negotiation. All jireparatioiis for this purpose have been made, and I [iressod urginnyj thai dm-ing his absence negotiations might still go on ; but the President's assent cuniil not be obtained. •^-""irw^m^mw ;n No, 51. Tlie Marquh of Salishurii in tSir J. Paunrc/otn. Nr, Forrinv f],T((r, J(,„: 20, lf^i)l. I llAVF rccrived your dospntpli of tlic Dtli instant, ini'losin:^' CDiiii-i oi ;i iinlc and Mcmonindiini addrc-si-d l)v you U> tin- United Slatis' Afti.ii; SL-civtary ol' Slate, on tlie w^ priip osi'd iiiDilus rlrciidi in li('lirini;'s ^ea. 'i'lio tonus of your coniniunication an; approved by Jler Majesty's (iovcrnnient. 1 am, &c. (Si-ned) SALISBUIIY. No. 5:). Sir J. Pauiicffo'.c to the Marquis of tialislnirij. — (lifceivd June 21.) Tdeirrapliic.) U'dyliinrjtnn, June 2], 1S9I. THi:^ United States' Govonmient have fnrnislicd mc with a copy of the instructions ijiucd to their criiizers, under the ;?rd .\rticle ot'tlio iiiodus rircndi. I nm sendiufj a copy of the; note inclosing tiieiu to your Uordsiiip hy next mail. Tlic foliowin';' is a suniniary of tiiein : — Tiie " .Moiiican," tiie "Thetis," and tiie "Alert," and ])Ossii)ly other ornizers, will be cniitloycd in Iieiirin;j^'s Sea. The "Tlietis" is to proceed i'.nmediately to Sand Point, (he renilezvoiis of the Canadian sealers, hel'ore they entt'r lk'hrini;"s Sea, and distribute coi)ies of the l're>ident's I'l'oc'iunation, i,Mvinn' notice to all sealinii'-vessels, and takiniij a list of all vessels warned. Sill.' uill proceed to < )unalaska as soon as the Canadian catch has been transl'.ijtped at Siiiiil Toint, about Jidy 1. Tlie "iMohican" and "Alert" will proceed at onee to the seal islands and cruize ;no weeks in l?eh'in^'s Sea. distrilMitinj;' the President's Proclamation, and warn all vessels found engaged in sealing to leave the prohil)itcd waters immediately, recording, by an entry in the vessel's log, that she lias heen warned. l?oth will then rendezvous with the ••Tlu'tis" at Ounalaska, whither all persons and vessels seized are to be sent. A .bartered steamer will be ready at tiiis port with a marine nuard to assist in handing ever tiu» persons and vessels seized to their respective authorities. The United States' Government would be glad to have a copy of the instructions which have been issued to llcr Majesty's ships detailed for service in Behring's Sea. No. 5G. Sir J. Paunctfote to the Marquis of Siilisburif. — (Received June 22.) My L.ird, IVushinr/Inn, June 12, 1S'.)1. W ITil reference to my telegrams of the 0th, 10th, and Uth .hme, I have the iioniiur to iiiclosi' herewith copies of the correspondence referred to therein, relative to a mills vivendi in Jiehriug's Sea. I Inive, ice. (Signcdj JULIAN PAUNCEFOTE, Sir, ■nil ;m1 .tlo Inclosure 1 in No. 50. Sir J. Pauncefole to Mr. IVIinrton. Washint/tnn, June ^, 1891. I 1TAA''E the honour to acknowledge the receipt of your note of the Gtli instant, aining the terms of a proposed Agreement for a moduft rirendi during the present fishery season in BcMiring's Sea, wliicli I communicated at onee by telegraph II- .Manjuis of Salisbury. 1 have this day received a reply from his Lordship, in which he transmits a draft of )roposcd Agreement, with certain modifications and additions. I l)eg to inclose a copy of it, and to reijuest that you will be good enough to submit your Government for their consideration. I have, &c. (Signed) JULIAN PAUNCEFOTE. \ -1 'd 32 Inclosurc 2 in N^n. r>C,. Mr. Wharton to Sir J. I'ininr,i'ntr. Fir, ncparhiinil nf !-al siifrirested in the llrst Article suliuiittod U yo',1. for lie assumes tliat tlie terms used, wjii'e not as stronir perhaps as those suirgested by this (iovernment. do fully conmiit tiie (love iiiment of (Jreat Pritain to prompt and energetic measures in the repression of the killinjj: of seals by the subjects and vessels of that nation. The proposals submitted by you on the .'^rd June contain this clause : — "Durinu the period above sjiecified the I'nited States' (Jovernment sliall have the ri'jht to kill 7,;"00 seals." Now his f-ordship adds a most extraordinary and iiDt altouether clear condition (I quote): "to be taken on the shores and inlands as fooil skins, and not for tax or shipment." This new condition is entirely inadmissilde, and, in the o])inion of the President, inconsistent with the assi-nt already fjiven by Her Majesty's (iovernment to the preposi- tion of the United States in that behalf. It hail bven particularly e.xplaimd in the correspondence that the lessees of tlio privileire of taking- >eals upon the i.slantls a.ssumed ol)li;:;ati(ms to supply to the natives the food and other thing's necessary for their sul)sistence and comfort, and that the takiiii; of the liniited numher of seals was not only to .supply tlesh to the natives, hut, in s(mie part, to recompense the Company for furnishiiifr other necessary articles of food, clothimr, and fuel. Tiie President is surprised that it should now be su^j^esteil that none of these skins should he removed from the islands, and he cannot understaud how British interests can he promoted by allowinu' them to ^d to waste. The previous communications of Her Majesty's Government had, in the opinion of President, concluded this matter. As to the third clause of your proposition, 1 am directed to say tliat the contention between the I'nited States and Great I^ritain has relation solely to the respective riLdits of the two (lovernmenfs in the waters of Hehriuij's Sea outside of the ordinary territniial limits, and the stipulations for the co-operation of the two Governments durin;;' this season have, of course, the same natural limitation. This ip recocjnized in Articles 1 and 2 of your i)roposal, for you will observe that the obliiration assumed liy Her Majesty's (iovernment is to prohibit seal-killintj in a certain part of ]5elirin;i's Sea, wliereas the ol)liu:ati(m assumed in the second Article iiy the Governtneiit of the United States is to prohibit seal-killing i» the .same part of Beliriiii;'s Sea, and the shores and islands thereof the prop(>rty of the United States. The killinij, therefore, of seals on the islands, or within the territorial w.aters of the U'nited States, falls only within the ])rohibition of this (iovernment. His Lordship will also see that it is altogether beyond the power of the President to stipulate that an offence committed in the undisputed territory of the United States a2:ainst its lav.s >,|iall be triable only in the Courts of aiiolher nation. The extension of this clause to the territory and territorial waters of the i'nited States, therefore, involves an insupeiahle lei^al dii'd'.'ulty on our part, and a conce.--:on which no independent (iovernment could lie expected to make. The mutual police which is to be stipulated for could not in the nature of things apply to the territorial waters within the undisputed and exclusive juri>diction of ehher. To the fourth clause, which is in substance the same as the proposition made by this Government, no objection is interposed. As to the filth clause, 1 am directed to say that the President reijards the proposi- tion to appoint a Joint Commission to investigate and report as to what Reiiidations or International Agreements arc necessary to preserve the seal fisheries to he one of the incidents of the Agreement for Arbitration, and to have no proper place here. This distinction seems to have been recognized by his Lordship, and his proposal of such a Commission was made part of the separate note discussing the terms of arbitration presented by you on the 3rd June, and has never until now appeared in the cone- pP!TVT^ n ss spiiiidrnco relating,' to ii iiiodin: vivrmli. The I'rcsidciil tliinks ilio I'miitli cliiusf, which lias l)ecii accpptcd. nmkes ample present provision, hut will fjive n full consiiJenition to the siiirf^'estion of a.Ioiut Comiui'ision in conni'ctiDii witli the n(';,n)tiiitiou for arhilnition. To the sixth and hist clause, the President directs nie \i) >n\ tliat so fur as lie is aware no vessel hearing: the |{ussian llair has at any lime intrmled into the waters (ioscrihed in the proposed AjU'rcement. lie is entirely in sjniiiathy with the expressed desire of Lord Salishury to seeure such limitations as to the hunting,' of seals in the whole of Helirintf's Sea as will preservi' to mankind this valiiahle industry, hut lie does not think that an a<^rcrment to unite in imy joint note to Russia should he interj)Osed here and at this time. Moreover, iiord Salishury will perceive that, in the present state cd" the American law, if K'ussia should ask lor reciprocal action hy this (loverMinent west of the Treaty line, the President would he confronted with the same ditliculty that prevented hin, trom extendinir the AijTcement with Her Majesty's (Joveriiment to the whole of heliiiufi's Sea. .\s the President innlcrstands. the adhesion of tlie two (Jovcrnmcnts has heen given in this eorrespondeni'e to the followinir jiropositions : — " For the purpose of avoidinj; irritating- dilfercnccs, and with a view to promote fricmlly settlement of the (juestions pending iietween the two (Joverntnents touchinp their respective riglits in HelH-iiig's Sea, ami tor the preservation of the seal sjiecies, the following Agreement is made without prejudice to the rights or claims of either jiarty : " Article 1. Iler Majesty's (iovernment will jjrohihit until May next seal-killing in that part of Behring's Sea lying eastward of the line of demarcation descrihed in .\rticle f of the Treaty of |S('i7 l)etween the I'liiled States and Russia, and will promptly use its hest ellbrts to insure the ohservanee of this juohihition hy Hritish subjects and vessels. " Art. 2. '{"lie United States' Clovernment will ])rohi!)lt scnl-killing for the same period in the same part of Hehring's Sea, aiul on the shores and islainls thereof the property ot' the T'nited Stales (in excess of 7.o"il to l)e taken on the islands for tlie suhsistenee and care of the natives), and will promptly use its hest eliorts to insure the observation lit' this prohibition by United States' citizens and vessels. "Art. ''>. I'lvery vessel or jierscm otlending against this prohibition in the said waters ot' lichring's Sea, outside of the ordinary leiritoriai limits of the Inited States, may he seized and detained hy the naval or other duly commissioned ollicers of either of the Iliuli Contracting I'artie.?; hut they shall he. handed over as soon as practicable to the authorities of the niition to which they res])eclively belong, who shall alone have iurisdiction to try the olfi'iice and iiniiose tlu' peniilties for the same. The witncs.scs and iirnnt's necessary to estahlisli the oU'ence shall also he sent with them. ".Art. 4. In order to facilitate such proper inquiries as Her Majesty's fiovernment uiay desire to make with a view to the presentation of the Case of that Government liet'ore Aibilrators, and in expectation that an agreement for arbitration may he arrived nt.it is agreed that suitable jiersons designated by (ireal Britain will be pi'rmitted at any time, upon ai)plication, to visit or to remain upon the seal islands during the present sealing season for that puri)ose." The President directs ine to inform you that the (lovernmont of the United States is ready to conclude this Agreement if it can be put into force immediately, 'i'he value of such an .Vgreement to tiie United States is daily lessening, and the President tiierrfore feels that he must ask tiial the negoliatioiis be brought to a speedy deterini- iialiou. I have, &c. (Signed) W. F. WllAliTthN. Tnclosure ?> in No. .jO, air J. Pauncefolc to Mr. ll'hartun. ^ir, ]Vashinrjion, Junr 10, 1891. I HAVE the honour to acknowledge the rcccij)t of your note of the '.)th dune, li- iivered this day, in reply to my note of the 8th, in which 1 transmitted, for the t'ln^ideration of your Government, the draft of the proposed Agreement for a mndus riinjili during the present fur-seal fishery season in Behring's Sea, with certain tnoilitiea- tiinis and additions snirgested therein by the ^rar([uis of Salisbury. I have telegraphed the sui).stance of your note under reply to his Lordship, and I hope to he able to communicate to yoti his observations thereon in the course ot [5721 I' ,» i. T ! i i!* •n 'Uh [84 to-iii()iT()\v (ir tlio toUdwiiiu; liny. In the- mcamvliilo, with ri'tori'iici' to tin- coinplaiiit that now comlitioiis should liavo boon siii^iri-stoil at this stai^o hy Lorii Salishiiry, I wouM ln'cr leave to point out that all hi-* Ijordstiip's suu-^^estions arc ohviously ilielated liy a iii'>iro to lender the nioiliis virriidi nioro eliet'livc. ar.d to do all that is po^sihk' in tlie coniiaou interest tor the protection and preservation of the seal spei'ies ilurinij tlie present siM-on. .1 my huinlile opinion, tlierel'ore, it is to l)e regretted tliat those suLfijestioiis slmiild not .iave eonmiended themselves to the t'avoural)ie eoiisidi'ration ot' the i'resideni. 'riuis, the (ihjeel of the proposi'd insertion in Article 'J ol' the words, '• food skins, and not I'nr tax and shipment," which you quality as evtraordiuary, was not to prevent the .Aimrt and sale of the 7,500 food skins, of winch the proceeds were intended to cover the cust of food, clotliinir. fuel, and other necessaries for the natives, lis solo olyect was to >t(ip the injurious practice of liriviuir and rcdrivinjr the lierds to the iNillini,' ^q-ound- Inr scK'ction, which is resorted to in the case of si>als killed for •• tax and shipment," a;iil !> staleil by experts to be the main cause of the de[detii)n of male seal life on the islaiuis. I would refer you on this point to the Report of Special Treasury A^ent ("h. .1, (loir, laid before Congress (Kx. Doc. 4i>). i)p. l! ami '2d. Also to the Report of Assistiii! Treasury Anent .l(ise])h Murray, at ]). s, and that of Assistant Treasury Aj;ent A. \V. Lavender, at ]>. (> of the same Conirressional l'a)ier. As regards Lord Salisbury's proposal of the .loiut Commission, it is by no nieain ;, new one. It has long- l)een called for by public opmii;n in bc.*l) countries. [t wa^ inserted amoiii; Lord Salisbury's last proposals for the Ariiitrati'jn Ai:;reemeiit. in tlio expectation that the latter document would lie signed eontoiuporaiieously with tht- Aureement for a modus vivendi ; but, as your Government is not prepared to brinu' the arbitrntion neuotiation to a conclu ion without further consideration, and as it is ot the h!L:be-l importance that tbe .loint Comndssion should be appointed at once, in order to enter upon its functions during,' the jiresent tlsliery season, Lord Salisbury has liiul no alternative but to ur<;e the insertion of tbe Article jirovidinu^ for a .loint Commission in the Affrcenicnt for the modus ilvrndl. of wbich it should, in the oinnion of Her Miije-tv's Government, be a comjwnent part. The objection of ttie President to that Article in the nioiiiis vivendi appears to me to create tbe greatest dilliculty which has yet presentoil itself in the course c,f this neuotiation, and I earnestly hope that if i>ord Salisbury sliDiild be disposed to waive tiie other conditions to which exception is taken in your note, the President will on his part accede to his Lordship's wishes in respect of the .loiiit Commission. I have, &e. (Si£rned) JULLYN PAU^X'EFOTI•. Inclosure 4 in No. 50. 'Sir J. Pauncffole In Mr. U'/mrton. S Wiislihifiton, June 11, I'^Ul. WITH reference to my note of yestenlay. and especially to the concludiri:: part of it, I have the honour to inform you tliat I have this d.ny received by teleuTaph from the Manpus of Salisbury a reply to the proposal for a modus vivendi Juriii- the iiresent fur-seal lislicry season in Behring's Sea contained iu your note of the Dth .Inne. 1 1 is Lord>lui) states tliat the President's refusal to adopt his suijirestion with respect to Kus-ia renders the proposed modus viwndi much less valuable, and that be is reluctant to abaiiilon tlK- words which he hail propo.icd for insertion in Article '2 in relation to the reservation of the 7, 501 1 seals to be killed ou the islands. Nevertheless, in view of tbe ur:,'ency of the case, his T.,onislii|i is di~po,-ed 1 1 aulhorixA- me to sign the Agreement in the jirecise terms formulated in your note of the i)tb .luiie, provided the (piestion of a Joint Commission be not left in doubt, and that \o\;\ (iovernnunt will give an assurance in some form that they will concur in a reference U< a Joint Commission to ascertain what permanent measures ari' necessary for the preservation of the fur-seal species in the Northern Paciiic Ocean. 1 have the honour, therefore, to inrpiire whether the President is prcjiared to icive that assurance, and, if so, I shall, on rcceii)t of it, lose no time in communicating it bv teleura])li to Lord Salisbury, and in applying to his Lordship for authority to sign tiie propo c'J Agreement. I have, &c. vSigncd) JULL\N PAUNUEKO'I .■.v,-..?4'^'**'^^''--^^--- T^HPI»»"»l^"P»^HP»"W^l|^|P»*''»''«T^F"i"Wi^ ifJ,!'^|i'iwH' I 80 Iiitlnsurc 5 in No. 50. Ml. Whuiion U) Sir .1. Pnunccjote. ?ir, Di'juirlment (if State, Wnshhujicni, .hinv 11, 1^!)]. 1 II.W'l'. till' lionoiir (o ,')cknow!e(li;e llic rocoiiit of your nott- of to-day's ilalc. and, in n'ply, 1 am dirfclcd hy tlu' ri-csidciit losaylliiit tin- CioviTiinicnl of the Vniti'd StatcH, ro('i';:iiizini;' tlio faiv tliat full and adoquatc iiicasiiivs for tin- (jrotcetioii of seal life sliould oiiiiinn'o the wliolo of Riliriii^'s Sea and jiortions of tlio North I'acific Ocean, will have :ii) lic>itanfy in aurotinL;', in conni'ction with Her Maji'sly's ({ovtiunu'nt, to tlif ajipoint- nii'iit of a .loint ("oniinission to asuTiaiii what periniincnt inoasuros arc necessary I'or the ]ircscrvalioii of tlie seal species in the waters referred to; such an .Xjrreenient to be siuiied siinnitaneously with tiie (Convention for arbitration, and to he without prejudice to the ipiistions to ho suhniitteii to the .Arbitrators. A full reply to your note of the .'(rd June, relating to the terms of arbitration, will not lie long delated. I have, &c. (Signed) WILLIAM F. WHARTON. No. 57. Sir E. yidlcl to the Marquis of Salishur!/, — {Received June 22.) My L(.rd, _ Berlin, June 18, 1891, Wrril reference to your Lordship's despatch of the f^rd instant, and to mine of liic 12tli instant, 1 have the honour to inform your Lordship that Baron von Maischall told me to-day tliat he intends to piddish in ;Iic otlicial CJazette a translation of the Agreement between I'.ngland and the I'liited States in regard to the Hehriiig's Sea seal fishery, and to accompany it with an injunction to Gernum su])jccls to observe it.i regulations. I have, &c. (Signed) E. B. MALET. No. 58. Tlir ^fiiniiiis of Salisbury to Sir J. Puunccfoti . iTflegrai)hic.) Vorciijn Of/irr, Juno '22, li^Ol. I HA\'li received your telegram of yesterday, containing a sinninary of the in-lnictions issued liy the Uniled Stales' (Jovernment to their eniizers for eanying into I'lFi'ct the iiiodus rirrndi Agreement in Meliring's Sea. The following are the instructions issued to the Senior Naval Ollicer of Iler .Mijesty's ships at l']~(jniinalt : — He is to proceed with Jler ^Vrajesty's shij) "Xymphe" and Her Majesty's sliip "Pheasant " to Behring's Sea, to cruize to the eastward of the line of demarcation as he may fmd necessary, and to warn all lirilisli ships which he may find acting contrary to the Agreement lietween th(> two (lovernmcnts, and in ignorance of its provisions. s'liinld he find a ship deliberately oflending, her scaling eipiipment is to be contisoated, II. 'i the names of the ship and master are to be recorikul ior the purpose of pro.'-ecutiou subsequently. Should he find an American ship deliberately oli'emliiig, he is to arrest !kt, the names of the captain and ves.sel and proof of offence are to be recorded, and the American authorities are to he informed. He has orders to co-operate with the American crui/.ers. Her Majesty's ship "Porpoise" will be also under his command, and has t'or tliiu purpose been ordered to join liiin from the Cliina Station. [572] F 2 j ■ 1 ^ ^ ■ 1 '," ^ Liii ti '■*> I 86 \o. r.y. Admirnllij to l'''ii-rii/n Ojfirr. — (Ufvciir ! June 'J'.\.) Sir, .■Idminilli/, Juur '.'"J, Isft], MY lionls Coinniissionors of I lie Adiiiirulty liiivini; iv('civt.'(l ii cDpy ol' Sir J. i'aiinrc foto's telofjrapliic ili's]iiit('li of tlu; L'lst .luiio, Ih'.H, ;;iviii;,' liio siilpstuncc of tlic in.sfriiPtion> is>iio(l by the noverniiient of llie I'liileci States to oruizers' alioiit to i)r(i.'ic'il to lU'liriiiii's Sea, ami recinestin;; tliat a eoiiv of ilie l?iitisli iiistnietioiis may lie snii. I am eomiiiaiuleil l)y tlieif Lonisliips to Irauiniit liere\villi a eoiiy ot' the tulei^iwiiliic iiistruciions Hcnt to tlie SiMiior Naval < tllieer at l]s(niimall on tiie liitli June.* From tiiis it will be seen tiini the five eluiiscs of Artiele 1 nnd four claii^i s of Arliele " of " 'I'he Seal Fi>hery (!5elirin,:,''s Sea) Aet, ISi)]," have heeii lele;,'rai)luMl ii, full, together with jiie detiiiilioii of the I{uN>ian-Aiiierieaii line of deiiiarealion, with additional instriietions, as murlicd in red ink, in the Miari,'in of the iiielosurc to this letter. FIcr Mnjosty's ships " Nyiii|tlie " and " i'heasant " will, under these orders, ifavn F,s(iuinialf on or alioiit the 'Jtllh iii-tant. and will he joined hy I[er .Majesty's ship " rornoi.se," from China, about the 21st duly. 1 am, &c. (Signed) KVAN iMACtiKKGOR. r^\t No. 00. Council Office to Foreiyn Office. — {Received June •J4.) »ir, Council Office, WhilehalL June 21, lb!)l. I AM directed hy the Lord President of the Council to transmit to you the accompanying: (^rder of Her Majesty in Couneil of the 'J.'ird instant, entitled, " 'I'he '^oiil Fi>hery (fk'liriiifi's Sea) Order in Council, ls<)|." directions iiave been ^'iveii for the publication of this Order to-d'iy in a Suppleriinii to yesterday's '" London Gazette," .and 1 am to request that you will lay the same luturo the Secretary of Slate for Foreii:ii .Vllairs. I am, kc. (Si.iriied) C. L. PEKI-. m nil Inclosurc in No. 60. At the Court at Windsor, the 23rd day of June, 1891. Present : TiiK QuKiiN's .Most Excki.lk.vt Majkstv. Lord President. Marquis of Salisbury. Earl-of Limerick, Lord Arthur Hill. WHEREAS liy " Tiie Soal I'"ishery (liehrin^'s Sea) Aet, is'.M ," it is enacted that llei Majesty the Queen may by ( (nhr in Council prohiliit thi' eatehin;.: of seals by Hrilish ships in ])elirin::'s Sea, or such pari iheieof as is detined by the Miid Order, during' tlie period limited by the Order; And whereas the e.\))ression " ]5clirin;L;;'s Sea" in the said Act niean" the seas known as I'elirinn's Se;) within the liniit> described in .•in ()nler under the saiil Ai.'t : Now, thcrel'ore. Her Ma,ii'sty, in virtue of the powers vested in her by the >;iiJ recited Act, by and witli tiie advice of her Privy Council, is hereby pleased to order, aini it is hereby ordered, as follows : — 1. This Order miiv be cited as the Seal Fishery (Behrins's Sea) Order in Couiu.ii. l^'Jl. 2. From and ii'ter tiie 21th day of .June, 1S'.)1, until tlie 1st day of May, lri!)2. tlie catching of seals by Urili-h .ships in Hohring's Sea as hereinafter defined is heiehy prohibited. • See Incloture in No 44. 8T •.\. For tlie purposes ot il.o siiiil reciti-d Aft luul of tliis Order the exprcHsion " ltiliriiiu''>^ Sen" iiiffiiis so imicli of that purl m' tin- racilic Ocean known us Ilehrin^j'a Si;i lis lies lietvvecn the parallel of •'>.') ;'.!)' north latitude and the clmiii of the Aleiilin.ti Willi"]-, and eastwiird of the following line of demarcation, that is to say, a lino com- nciiiinu: ftt a point in Hehrinu's Straits on the said paralhd of (i')" :$()' nortii latitnde, at its i!ii( ^^e(•tion liy the meridian uliieli piwses miduay hetucen the Islands of Kriisenstern iir Iriii.iioiik and the Island of IJatii.aiinll' nv Nnonarhonk ; and proceedinij thence in a ivnir-c marly sonlh-west tiironuh !<• luiiiL;'- Siraits and the seas known as r.eliriii;;'H St',1, so as to pass niitlway h'.'twei II the iiorth-wesl point of tiie Islnml of St. liawrencu an'l liie south-e.ist point if Cape ('holl^^l^ki to the meridian of 172 west lonnitmle; tlu'iic' lioin the inlerstclion of thai mcridi.in in a south-westerly direction, so as to pass niiijuay hetween the Island ol Attou and llie Copper Island of the Koniiandor.ski couplet oruroMp in the North I'acilie Ocean, to the meridian of l!):> west hjuyitude. (Si-ned) C, L. rKKI.. • No. (il. Sir R, Moiier to the Miirqui.s of Snlisbury. — {Received June li4.) (Tclcirraphie.) *7. Prtmshunjli, June 21, 181)1. I IIAVK the honour to impiire of your Ijordship whether, iiy the t5rd section of tiu' Airreement to ])roliil)it the killing of seals in certain parts of the Hehrin;,''s Sea, the twii Coritraetin:; Parties are em|>owered to seize and detain vessels otiii'r than Ikitish or AiMcrican, as also persons other tiian American citi^sens or Uritish suhjocts. No. liJ. The Mariiuls of Sutinhurii to !Sir (!. liitden-Powell and Dr. Diiwson. Gentlcmo- Forelijn Office, June 21, 1891. Till'] 1 liavin^- hcen irracionsly ])leascd to ,a|)point you to ht; her Commissioners tortile j)iirpu-e of imjuirinn' into tiie condilious of seal lilc in Uehrini^'s Sea and other parts of the North I'acilie Ocean, I tiaiisiinl to you herewith Her Majesty's Commission uiiilor the Sij^n Manual to that ellecl. The main ohject of y(Uir impiiiy will he to ascertain, '• What international arranjije- ments, if any, are necessju-y hetween Oreat Ihitaiii and the I'nited States, and Russia or imy otlu'r I'ower, for the purpose of lu■eser^in^• the fur-seal race in Heliring's Sea fruiu extermination ■" Her Majesty's Govermnt'ut have jiroposeil to the I'nited States that the investigation should he conducted hy a Commission to consist of four experts, of whom two shall be nominated by each (Jovcrnment, and a Chairman, who shall he nomimitcd by irhitiators. If the Government of the Cnited States agree to this proposal, you will be the Dekirates who will represent (J real Britain in the Commission. Hut in the meanwhile it is dcsiial)le that you should at once commence your L'Xiiniination of the (picstion, and that for that purpose you should ])roceed as soon as you conveniently can to Vancouver, from whence the Lonls Commissioners of the Adiniialty have l)een recpiestcd to provide for your conveyance to the various sealing grounds and other jilaces whicii it may hi" expedient tor yon to visit. Application has hcen made to the L'liiied States' (io\ernment for permission for you vi-it the seal islands under their jurisdiction, and a similar request will he addressed tiie Russian fJovcrnment in the event of your finding it necessary to visit the I'omniaiider Islands and other Russian sealing iiroui ds. ^'inir attention shouhl he particularly devoted to a-certaining — 1. 'I'he acliuil tacts as regards the alleged serious diminution of seal life on the Prihvlolf Islands, the date at which such diminution began, the rate of its progress, and anv previous instance of a similar occurrence. -. The causes of such diminution; nhether, and to what extent, it is attributable — i«.) To a migraticul of the seals to otlier rookeries. (,//.) To the method of killi'.ig pursued on the islands themselves. (c.) To the increase of sealing upon the high seas, and the mannei in which it is puTiiued. iik m r ■ii 38 I need scarcely remind you that your invcstiijation should be carried) on will, ^trjot impartialily. tliat you sliould noglict no sources of inforuiaiion wliicli nuiy 'oe liki'ly to assist you in arriving at a sound conclusion, and that f,ncat rare sliould be taken u, sift the evidence that is broueht before you. It is e(|ually to the interest of all tlie Governments coiicrnied in the seaiiu;; iiiilustiv that it should he prdteeted iroin all >eri()us risk ul extinction in conseijuence ol the ii-r i)t' ttastel'id and injudicious meiliods. You will 1)0 [irovided with all the ilociniu-ntary evidence in tlio jiosscssion of i), , Ocpartinent which is likely to he of assistance to you in the prosecution of yoin- iniiuin, y\v. A. i'roiule has hoen appointed to he yoiu Secretary, and will .ncconipanv \,iu"|, your tour. Separate dosjiatches will he addressed to you witii regard to the e.\penves d! vour mission, and the form in -.iliich your correspondence with this Otlice should be conductoij. I am, i!cc. (Sii^nod) SALISBUIIY. No. uliinitted to the Arl)it;at(irs. 1 informed his Lonlshi)), at the same tinio, tli'it in lianding me the note undo ■ reply yon Jiad assured nie that the J'n-iilint «as an\ion-~ that the Comini>.sion slionhl lie appointed in time to commenci; its work this season, and that your (iovernment ^^dnlll, on thai account, jise their utmost Oiorlito exjiedite the Hignature of the Arbitration Convention. I now have tlie honour to inform you that 1 have this day received a telegrnpliic reply from his Lordship, in ^^hich, while convening to i:ie autln)rity to sign the' pidposid .Agreement for a niddus vircndl contaimnl in ytuir note oi the 'Jth June, Lord Salishiin desires me to jdace on record that it is signed by me on the clear understanding that ti;i Joint Commission will be appointed without dehi) . On that imderstnnding, iherefove. I shall be p'epared to attend at the State Dejiartment, for the i)urpose of signing tiie Agreement, at such time aa you may ho gocttl enough to appoint. I have, &c. (Signed) JULIAN PAUNCEFOTK. ■B^.-i|ISt»i»i'.«i>V'l»*)ii*««llf" •Wf^ ' \] " '"J ' \ 99 IncloHiire 2 in No. 63. Mr. Wlunion to H'lr J. Patnici'tote. sir. Dojyifimcnt of Slate, Wiishiurjtfin, Jniin 1>"), ISlJl, TlfE I'roHidcnt direcl^ mc (o siiy, in .•(■s|)()ii.sc to your nolo of this date, that liis a«sent to tiio inopositioii for a fj(»int Coiumi^sioii, as cxpri-ssoJ in my note of the Otli Juiu', was ^ivL'u in flic oxpcctation that Ijotii tjovornniLTits \vould use every ])ro|)er ellml to adjust the reinaininn;' po-nts of (Hiiercnce in the i;-entTal correspondence relati.ig ' ...rliilration, and to ajj;rce upon tlie dellnitc t«rnis of a Kiil)nii>si()n, and of tlic appointment Ota .h>i 't Coniinission, witiiout unnecessary delay. lie is plad that an aj;r<'enieiit has finally heen reached for tlie pendinn; season,, and I I;c^- to sav that, if you uill call at the DcpartmeiiL at H' o'clock on Mond ly next, I ffill he irlad to iiut into writing; auditive fornuil attestation to the 7;io(/u« (•(rt'n(// which iiib I'ceu agreed upon. i liuve, &c. (Signed) W. F. WHAirrON. ' 1^ i.i No. (J4. •S'iV ./. Pauncpfotc lu the Mnrijuig of Sulisbury. — {ReceivcdJuna 25.) My Lord. WashiiKjton, June ](i. 1S91.. I ilAVFi the honour (o transmit liercvith copy of tlie Agreement for the inodun /■./i(// in Uehring's Sea. which I signed yesterday in accordance with the instructi(m.s contanied in your F.ordship's teleuram of the Mth instant. I \sill forward the original Agreement by next mail. J hase, is;c. (Signed) JULIAN PAUNCEFOTE. Indosure in Xo. (!l. Aiircrment between the liovernment of Her Hritannic. Mnjesni and the Government of the I'niied Htutes for a Modus Vivendi (';) relation to the l-'ur-seal Fisheries in Behrinrf's Sra. ; V()\i the purpose of avoidin;; irritating dili'erence.s, .inu "itJi a view to ;)roniote tiie frioiidly settlement of the (|uestir claims of either party: — I. Her Mr, sty"s (Jovernment will jiroliihit, tiiitil .Mav next, -eal-killing in that part ! I'l.'hring's Sea lying eastward of the line of ilrmarcation descrihcd in Article ] ot the Tn il\ of iSiiY hetween llu' United States and Hussia, .md will promptly use it.s best :; '(» insure the observance of tiiis pn>bii)iiion i)y IJritisli subjects and vessels. .:. The I'liiied St-.ti-s' (ioverntni'Ut ^Nill prohibit seal-killing for the same period in tiiL siiiie part of Hriu-ing's Sea, and on the shores and i.-lands thereol the ])roperty of tl.' i nited States (i ; excess of 7,o(iO to be taken on the islands for tho subsistence aid fill of tlio natives), md will jjromptly us(> its be>t etlorts to insure (he observance of lliiB ;■' iiliilion l)y I'nited States' citi/ens and vessels. :•. i'jvery ve.-sel or jierson oH'endiUg against, this prohibition in the said waters of itihring's Sea out,->ide of the ordinary territorial limits of the United States may be •'■'.■■>,' ,ind detained by tin- naval or other duly commissioned olHcers of cither of the li .:. ( 'ontractiiin Parties, but tlicy shall be liMuded ov(>r as soon as practicable to the uuihi.rities of tiie nation to which they respectively belong, who shall alone have jurisdic- ti'Mi to try the ollcnce and impose the penalties for the same. The witnesses and proofs M -ary to establish the oil'ence shall also be sent with them. I. in order to facilitate such proper i:i(p:iries as Her Majesty's (iovernment may ii'-f' to make, with a view to flu' jirc^i.ntation of the (.'ase of that (lovernment before ArMirators, and in expectation that an Au'reement for arbitration may be arrived at, it is slti 111 that suitable persons designated by (ireat Hritain will be permitted at aty time, ^v>u ajiplication, to visit or to remain upon the seal islands during the present sealing Haioa for that purpose. 40 Signed and scaled in dnplicatc at Washington, fliis l.'tli day of Juno, lyt], nn bolialf of their respective Oovernmcnts, ])v Sir Julian I'aiuicefote, O.C.M.G., K.Cll, Hor Britannic Majesty's I'nvoy Extraordinary and Minister Plenipotentiary, and William V. Wharton, Acting Secretary of Stale of the I'liittd Sliues. (Signe:') .JrF.IAX IMUNCHFOTi:. WILLIAM F. WHAirroX. : I 'I No. ()'(. Sir J. Pauticefote to thr Mniuiuis of Sallshvrji. —{Rrceivrd June 25.) My Lord, WashiiKjton, June 1(5, I'^'M. Wri'H reference to my telegram of yesterday's date, I have the hoiKnir to transmit herewith to your I^ordsliip copy of the I'roclaniation which has l)een issued by tlie President giving effect to tlie Agreement for a modus riifudi in P.ehring's Sea tor tlic present season. 1 have, iS:c, (Signed) JULIAN* PAUNCP-F^vrE. hiclosure in No. t!;". Modus Vivendi respecting the Far-ami Fisheries in nriirinr/.s S!en. Bt the Presidf.nt of hie United St.vtes of AMi;nrc.\. A Prnrlamatinn, WHLIJEAS an Agreement for a mmhis rlrrm/i lietween tlie (Government ot tlie United States and the (4(-.v<'rnmeiit of Mcr ihitaiinii' IMajcsty, in relation to the fur-seal fisheries in I'ehring's Sea, was coiiehuled on the loth day of June, in the year ot our Lord 1891, word for word as follows : — "Agreement hciween tiie Goveinment of Ihe United .s'/iv/r.,' nnd the Governwnt af llrr Britannic Mnjeniij for a Modus Vivendi in relation to the Fur-seal Fishrric; in Behring's i^ea. " For the jiurjiosc of av(.i(ling irritating ditTeivnccs, and witii ii view to promote the friendly settlement of tiie ([uestions pnidiiig lietwocn tlie twi) (Jovernnients Kui.'liiii!,' their resjiective riiihts in Hrhring's Sea, ami lor the preservalinii of the seal s|K'ci'<, tin' following Agreement is made witiiout prejudice to the riirhts or claims of either pMrty. " 1. Her .Majesty's (iovernment will prohibit, until .May next, seal-killing in that part of Peliring's Sea lying eastward of the line "f (Icniarcatior, ilescril)(>d in .Vrlicle I of the 'i'reaty of iSiiT hetween the Iniled States and Russia, ai)i! will promptly use its hcst efl'orts to insure the observance of this jirohihition liy Britisli suhjecls and vessels. "2. The United States' (iovernment will jirohihit s.al-killing for tlie same perioil in the same jiart of Hehring's Sea. and ".il, and of tiio Indepondonce of the United States the lloth. (Seal) (Signed) llENJ. HAllKISON. \W the President: (Signed) William F. WuAiiioN, Acting SecreUiri/ of Slate. Xo. (JG. Sir J. I'ltuiicffoli' to the yjarqais of Salisbury. — {Received June 26.) (^Telegrfiphic.) Washington, June 2;5, 1891. S'OUTJ Ldrdsliip's telegram of the Snd instant : Hehring's Sea arbitration. I have this evening received the followinu; note from the Acting Secretary of Stale :- [See Inclosure in Sir J. Pauncefotc's despatch of the 2Gth June : Inclosure in ;'No. 82, infra.] No. G7. The Atarquis of Salinltury to Sir R. Morier. (Telegraphic.) Foreign Office, .Tune 25, 1891. IN reply to yom- tele!;nim of yesterday, I hare to inform you that the Agree Hunt for a modus virmdl in lieliring's Sea is only applieal)le to (he suhjects or citizens if (he two Cimtraeting Powers. General jurisdiction over tiie whole region specified in the Agreement has been claimed hy the United States, hut this claim has been disputed hy Iler Majesty's (lovernmenf. Xo. G8. The Marquis of Salisburg to Sir J. Pauncefote, (Telegraphic.) Foreign Oj/icr, June 2G, 1 89 1. Sllv (;i':()R(;l'] P..M)HX.P()Wi;i,li is waiting to start on his mission to inquire into the conditions o<'seal life in Ikdn-iug's Sea, and the season is nmning out. You sliindd urge the United States' (Jovernment to give the necessary permission lo the Hritisli Commissioners to visit the Pribvloti' Islands without delay. No. GO. Sir J. Pauncefote to the Marquis of Salishunj. — (Received June 2G.) (Telegraphic.) Washington, .Fune 2C>, 1891. TllK Stale Department have informed nic, in reply to the inquiry which 1 iiavc made, in coidbrnuty with the instructions contained in your IjordBhip's telegram of [572] W i i J/ '.K< 42 to-day'.s dale, that the tormal jjcrmission to Jler Majesty's Commissioners to laiul on the Prihyloil' Ishmds ■•vill 1)o sent to nie to-alishury. — (Received June 26.) rrelesraphic.) niislilnijfon, Jimr ?G, l-^itl. AVlTll reference to my telegram of to-day, F have just rceeived the i'orniai permission for the Conmiissioners to visit the seal islands. It consists of i, letter trom the ^\ctiii!j; Secretary of the Treasury to Mr. Williams, the Special Aiifent in eharue of the seal lisherics, inNtructiiii,' him to allord Sir (!. Pouell and Professor Dawson Wk- facilities desired to enable them to m'conii>li>h the object of their mission as delincil in Article 4 of th motltis vivcndi of the loth instant. \ in certain specihed jiortions o*' Hchring's Sea,* I am, &c. (Signed) SAL1SJU;KV. So. 7;v t^iir ./. Pauncefotc to the Maniuls of Suli.shurii. — (Recein'il June 27.) (Tek'gra]duc.) Wdshiuijlon, Juin- 27, 1>'-'1> \\ ITU reference to my telegram of thf 2olli instant, relative to the IScliring'^ Sea arbitration, I venture to suln. It, for your l.ordihip"f> cmisideration, the tollonini; clmisi^^ dealing with tin- (jue.-tiijn (»f compensation, instead of that proposed b\ the A.iihl; Secretary of State in his note of the 2."illi : - ".\rlicle 7. Kither (io\trnment may submit td the Arbitrators any elniia lor i'oini)i'nsatiiiii wbi(di it may dcMre to ])refe; again>l Ihr other ( Jovcrnmenl, in rc-pei't ot any l(».^es or injuries, in relatitm ti> the '.ur-scal fishery in Jk'liring's Sea, for which -la'li other (iovernmeiit may be legally liable. "'{"he Arbitrators ^hall deciile on tl,j legality of every such claim, and it' il shnil he eHtahli>lK(i, they may award -iich coiMpriisiition as in their judgment .-^liall sum equitable.'' If the a1)0ve meets with your jLordship'r, ap])roval. may I sound the rnitcd SialL.- Government as lo wiiethei' they are })repared to accept it 'r • luclusuti' in i\i). 44. ' "'iWr!"' WflHPS^ TTT^WI 43 No. 74. The Martjuis of Safishtcry to Sir G. Baden-Powell and Dr. Dawson. ncntlfinon, ^ Foreign Office, .fune 27, 1891. i 1IA\ H to inform you Ihiit ii toU'uram has been rccoivud tin's morning from Her .Miiji'sfy's Miiiistor at Wasliin^-ioii staling- that he has received tiie fornal iiermissioii of llic Oovenimeiil of liie United States for your visiting liie seal islands ii' liehring's Sea, ninler Article I of the modus vireiull Ajrreomonl signed at Washington on the lolli instant. It eonsists of a letter to (he Ooverument Agent in cluugi. of the islands, direciing hiiu to all'ord you every iacility in the ateonii)lishment of your mission. Sir.lulian I'auncefole proposes to lorward this letter to the care of Her Majesty's CiHisul-tJcneral at New York, for delivery to the British Commissioner, who is expected to arrive tlicre per steam-ship " Ktruria " about the Itb July, I am, &e. (Signed) SALISBURY. No. 7;^. Sir R. Morier tn the Marquis of Satisl>Hr>i. — {Received .June 29.) My Lord, ,S7. Petershaujh, Junr 19, 1891. M. I)H GfERS having, when I was at his country place Sunday wek, promised to k>t me hav(! an answtrr on the subject of the Behring's Sea seal fisheries in the course of last week, and Saturday having come without my receiving a reply, I wrote an urgent letter to his F*]xcellenry Saturday night, reminding him of his promise. On Monday I learnt liis Excellency was coming up to town, and on Wednesday I called at tin- I'^ireign Oltice to inquire wheliier any decision had been come to. I piiinted out to his Excellency that your fiordship's last proposal comnumicated to him in lay note of the -'9th .May (lOth .Tune) seemed to me to have much sin'.])lilled matters, ;iml chat I regretted that there seemed so little prospect of a decision being come to by the Imperial (iovenunent. His M\ce!lency said that he regretted more titan he could say that he had not as yet succeeded in obtaining an answer from the Minister of Domains ; he iiad in a large measure come up from Finland to see what could be done by personal iliscussion with M. Ostrovsky and the Representative of the Ministry of Marine — that DepartnuMit ha\ing started diilieidtie-; as to the ships that would be retpiireil to enforce the ariangemenl, and he had arranged a meeting for this purpose that evening. 1 did not see M. do e, if the Kussian (Jovenuneiit did not join with us and herself enforce a ilose season, tiie sealing lioats driven out from the waters to the east of the line of !^i'i7 wouhl all swarm westwards ami make war on Russian seals. The present diiiiculty -(■lined (o be that the Ministry of Marine refused to provide the coals necessary for the iinal , and act as a central point from uhich to direct the 'jieralions of the latter, but this woidd reipiire her to be continuously under steam for M.'veral months, and thi.- was an expense which at preseac they were not prepared to meet, but lie had every hope that the matter wovdd nevertheless be settled in a satia- fai'tory nuinner. F have, &c. (Fdgncd) K. B. D. MORIER. P.S. Junr 21. — I have not yet heard from M. Shishkine, and h-'.ving called at (lie Ministry to-day, which is the ordinary day uf reception, I dit' not find hia I'Acellency in. II. B. D. M. [872j G 9 44 X (). (0, .Sir ./. Pauncffote to the Marquis of Salishnry.* — (Jitcriicil July 2.) My I-ord, Witshiuijton, Juiir 21. ]>'J\. WITH reference to my telefjrnni of this day's date. i;ivinjj: a smninary of tin- instruetioiis issued l>y the I'nited States' Navy l)e])artiiient in ])ur' iianee o! ihc ^p-eenieiit betwoeu Her ^lajcsty'-s (Jdveniment and (he I'liitcd States' f!overnni"nt for a modus liicidi in Bclirinij's Sea, I liave now the lionour to transmit to your LonKliip ji co])y of tlie note whieh I reeeived from the Aeting Secretary of State, communicating' the nhove-meiitioned instructions. T have, &c. (Signed) JUrjAX I'AUXCKFO I'l:. ' i 3 Inelosure 1 in No. 70. Mr. Wharton to Sir J. Pauncpfotc. Sir, Department of Slate, Washiiujton, June 20, 1801. I HAVE the honour (o transmit to you herewith copies of the instructions tliat Imve 1)ccn issued hy tlic Secretary of the Xavy in ])ursuance of tlie iVoclamatiou of iho rresident, ot the l.Tth.hine, 1 SI) 1, relative to tiie modus rireudi respecting tiie tur-i:il fislieries in Behring's Sea. Tliis (Jovernment would be pleased to receive, in exchange, copies ot such iiistruclidiis as may he issued liy Her Britannic Majesty's Government on the same sui)ject. I have, &c. (Signed) W. F. WHAIMON'. •| ! '' 1 Inelosure 2 in \o. 76. Mr. Tracy to Mr. Wharton. Sir, Nary Department, Wnshinrftoii, .hnv 111, I'^'.H. I HAVE the honour to tran.smit herewith a copy of the instructions which have hceii issued hy the Navy Department in iiursuance of the Proclamation oi the T'resideiit of the l.Oth June, 1S91, containing the modus rirvndi, with a view to their exchani^e, shoulil it he deemed desiralile, for a coiiy of such instructions as may he i.ssued by the British Government on the same subject. Very respectfully, (Signed) B. F. TRACY, Secretary of thr Snry. i* Inelosure 3 in No. 70. Mr. Tracy to Commandinn Officer of I'nited States' Steamer " Thetis," San Fruncisro, California. (Telcirrnjihic.) Wasltinqton, June I;"', li^'.H. I'ROCIiAMA'riON' (if President chisinii; Behrinji's Sea has been telegraphed U\ Collector of Port of San Francisco. Make inmiediate ajipiication for copies a.-- soon as received; proceed with "Thetis" to Sand Point. Popoff Island, distribute the Piiiclaiiiii- tion among the sealing vessels. Warn master of each vt'ssel tti «li(ini you may di'liver Proclamation that name of vessel has Iieen taken, and that vessel will lie liable to capliin' if found to have been or to 1,'; s^alini,' in Behrini;'s Sea east of th'' line of deniarealidii: after notice, furnish all United .'tales' and British vessels df war and revenue-cutter^ with lists of vessels warned. Bemain in neighbourhood of Sand Point until receipt of further instructionH, which will be sent by " .Marion." Beceive on hoard ami transixirt to SamI Point C. 11. Bullard, JX-puty CoUector of Cu.stoius, hut do not delay sailing on liii account. • Siibitancc telegraphed. Iiunicatiri'' iistriictiinis 15 Inclosiirc 4. in No. 7''. .!/■•. 7V(/n/ to Comiiinnilinij Oj/iccr of United Slates' Uteaiiier " Mohican," San Francisco, California . ^'r,'!i'i:i;i|iliic.) JVashin'/lon, Jiuic I.7, 1S!)1. itHTAIN if.iinoiliaU'ly I'ldiii Colloctur of Ciistoins. Sim I'^iiuicisco. prinlcd ('(.-piL's of PriMiii'iit's l'inclnni;iti(in in ivi'cn'iico lo ijcliiinir':! Sea. On receipt of such copies preceeil witli Jill (Hspatcl) to ilic vieiiiitv of Hie I'riliyloli' Islands, Si. I'aul and St. (leorjje. N'otilv all ,'initM-ican and r>ritish persons and vessels you meet of the Proelaniation, ami rrivo tlieni coi)ios of the fame. Warn all jiersoiis and vessels of either nationality t'nLM;:t'iI in sealin;,' in I'eliring's Sea oast of the line of deninreation. as shown on HydKiu'apliic Ollicc f'liart Xo. (l!^, to leave those waters forthwith. ]\rako entry of irarnint; on regi'^ter or log of scaler. Seize any American or I'ritish per ons and vessels found to ii.^ or to have been en^'aired in scalini::, after notice, within the prohibited waters, ami hrinii' or send tlieni in charfrc of a suliieient force to insure delivery to nearest convcMicnt port ler of the seized \ess"l, her mate or boatswain, all lier carf;o. and such of her crew as you deem safe, in the seized vessel. At time of seizure, draw up declaration in writing, showing- condition of seized vessel, place and ilate ot seizure, a;ivin^' latitude and louiiitudc, and c'iroiun>tances showini; i;uilt. Siirn d''claration, and seiul \\ith shiji's jiapirs and seizi'd vc'.-.-el to oflicer 1 i' (.'ourt. I'eliver to master of seized vessel sin'neil and certified li>t of papers found on hoard. Ollicer in charge of seized vessel ^\iil, at timi' of deliveiin^- vessel's jjapers lo Court, siirn a certilicati; stating- any chauLies tiiat may have talicn place in re>|icct lo vessel, crew, or cari;'o, since seizuri'. Keep a list of all vesscds to wliicli notice of I'roclamation luis been ^jjiven, and fundsh all L'liiled States' and Uritish \var or revenui! vessels with copies of list. Before sailini^ i;et onlcr from Alaska Commercial Company. San I'rancisco, to coal at 1 iialiiska. .\iter two weeks' eruizin;,^ in neii^hbourliood of Prihylolf Islaiuls, rendezvous at Sand I'oint, I'opotV Islands, one of the Shnmagin j^roiip, with " Thetis '' and " Alert," and await tliore further instructions by " Marion.'' Furnish copy of this order to Comuiandini;- Otiicer of "Alert." and direct l.iiu to comply with it. ( Mr. Tran/ to Coniinundr; Jnciosure o in No. 70. Cotton, comiiianiliiKj United t^"ates' Steamer San Uraneisco, California. Mohican, lT('li'u;raphic.) IVasliiiu/tnn, .June IG, IS91. UNTIfj further inslrucied, you are |)laced in command of all United States' vessels of war eruiziuLC in the m iuhboiirhooil of liehrimr's Sea, and you will distribute the force in Mich manner as in your judn,nient will be>t enable you to comply with the order,s of the fV'partment, and the requirements of the i'resident's Proclamation. Instruct vessels under your command to .send all seized persons and ves.sels to Ounalaska. to which point ilunlcred steamer will be sent frcuii San Francisco with marine; ^uaid. Steamer will be at your disposal. Instructions have been sent to revenue-cutters to turn over persons ami ves.scls seized by them to \ou at Ouual.ska. I'tilize the chartered steamer to the bi'>t advantage to assist in cscciting the I'ro lamation, and to hand over a.s soon as [iracticahle all seized persons and vessels to authorities of nation to which tl'.ey respec- tnrjv liidong. Orders direcliiig "Thetis," "Alert," and "' .Mohicai\ " to rendezvous at Sulci I'oint revoked, "Thetis" will proceed to Sand Point as directed to distribute Pnclnuiation and give notice, and will proceed theiu.'c to Ounalaska innnediately after ilci.arlure of liritis' ...lamer, wbicii visits Saiul Point about 1st July to bring home coast iiU( h of seal. " Mohican " and " Alert," after cruizing two week-s as previously directed, ill i'uhring's Sea, will rendezvous with "Thetis" at (Junalaska i>\,tead of Siind Point. " Maritiu " will sail later, and join your command at Ounalask.i at about same tiii.e. lias •'Tlictis" already sailed? If so, you must communicate with her at Sand Point, where licr orders of yesferday directed "her to await your arrival. On receipt of this order, proceed imiiiediately to Dehring'.' Sea with ••Thetis," ••.Mohican," and " Alerl." Telegraph departure. v .:!'! 46 No. 77. Sir J. Prnincefote to thi> yiiiniiun of ''' ilishuri/, — (Received Jiihj 2.) Mv Lord. IViisliitiijInii, June 22, IHt)!. I HAVi'j the lioiiour to inclose, with ivl'orciicc to iirovious corrosponili nic (lu the siiliiect of tlio Hindus rivndl ill Kolirinu^'s Sfii, copy of a protest, as piiMisluil m the '• \VasliiiiL;t()U I'ost " of tlic 2Uth instant, wliicli lias liccn lilcil Uy the North Amriiinn CoinnuTcial (.'oin]iany with the 'I'lvasury Deparlnioiit against the {'resident's I'ruila- niation limitini; ilie catch of the Company for the current year to 7,oOt) seals, and for uhieli iiuK'nniily is claimed. Tiiis protest also contains a claim hy tlie ('onipiny lur an indemnity against the United States on account of losses incurred din'ini;- Inst- vrar's lishery season hy reason of their operations on the islands having- heen i)ron^'ht to ;i rluso on tiie 'Jntli .Inly i)efore the expiration of the sealinj^ season, liy order of Mr. tj'oif. die United States' Aircnt. I likewise have the honour to inclose a cutting; from the "New York 'fimes," commentinj; on this protest of the Company. I have, &c. (Signed) JULIAN J'AUNCEFOfl'. :i N *•« M Inclosurc I in No. 77. Extract from the. " Wnshimjton Post" of June 'JO, 1891. 'J'lTI'i Nortli American Commercial Company, tlirou<,di its attorney, .Tnd^e N. L. Jettiies, tiled the following protest with Actinii; Secretary S])auldinii', of the 'rieasury Department, yesterday : — " Sir, "The North Amci-'can Commercial Company, of San Francisco, Californin. the lessee of the riiiht .o take fur-seals for their skins on the Isliinds of St. I'aul ami St. (ieorirc in Alaska, for a period of twenty years from the Ut May, 1S80, rcspectl'ully rej)resents : "1. That it has at all times since the cxecntiim of saiil lease, in every p;irticiilar, faithfully performed the stipulations and convenants of the same, and has .sliiclly ohservt'd the law in regard thereto, and ohcyed the reuulations, orders, and directions uf the Secretary t)f the Treasury relating to the same; thai it is doing so now, and uill continue to do so in the future. "Said Company further rejiresents that previous to and at the time of the Icttiii;,' of .^aid Contract the Secretary of the Treasury, hy )iuhlic advertisement, assured sui Com])any that it woulil he permitted to take under said Contract on said islands a ([luita of (lO.OOi) seal-skin.s during the year lS!)t), and said Company, relying upon Unit assurance, hulimittetl its hid for said privilege and made its estimates upon that ha-i-^, and agreed to pay to the United States a sum three times greater than ])aid hy the former lessee for said privilege, which proposal was accepted hy the United States, and ii lease was ilierenp,000 doll.irs, and clmrtered a steamer at ;^reat ttpense to transport said su;)[ilies to tlie seal islands for the maintenance of the Dative inhabitants, and to briii{.j to San Francisco the (J0,000 seal-skins which it bad been auilnni/ed to take durin>; tiie present season. "And now, said Company having- been notilied by the Secretary of tlic Treasury iDiit it will not be permitted to take its said ([unfa of C.O.OOO seals during this year as it j-aulhorized to do by its said Contract, and by tbe express direction of the Secretary ainrcsaid, and it resiieclfully enters its protest against such action by the United States, ami i;ives notice to tbe Ihmourablc the Secretary of tbe Treasury that it will claim to he niiiiluirsed by tbe United States to the full amount oi tbe loss it may sustain by reason : it- beiiii;- ])robiliited bv the United States from taking its lull ([uota of (JO.tjOO scal- .-ain- during the year J 691. "3. Said Coin]mny further rci)resents that in providing for the maintenance and aiucation of the inhabitants of tbe Islands of St. Paul and St. Ceorge aforesaid, it has c\[Kii(led a large amount of money, to wit, the sum of l.jOjtJOO dollars, for which it has Eot been reimbursed in any part, and said Company has been a.ssured by the Secretary lit tlie Treasury that the United States will licpiidate tiie account so expended by said Cumpany, iiicliidiiig as well t lie price of supplies and cost of schools, medicines, and medical attiiidance during tbe years 1S',)(» and 1^)1. Said Company will be obliged to boieafter Jiiii.ind of the United States the full anicMint so expended. "Said Company res])eclfully invites the attention of the Secretary of tbe Treasury totlie fact that the Islands of St. Paul and St. (leorgo in Alaska behmg to and are in liii- uiuiis]nited possession of the United States; tbat the right of this (Jovernmcnt to iL-p'i.-e of fur-seals born on said islamls has never been tpiestioned. This being so, said I iimpany assumes that the right of the United States or its lessee to take fur-seals on Mil! islands within our uncpicstioned jurisdiction is beyond dispute, and not subject to i.ai.-iion or interference by Kngland or any other foreign State. "The right of this Coveriiment to take fur-seals on its own territory is not one of luv (jiie.stions to be submitteo o arbitration, and has no relation to tbe contention I'otHrcn the two countries. In tbat dispute Great Britain allirms and tbe United States '.'.nil's the riglit of English and Canadian ijoachers to slaughter I'ur-seals in 'our an' of HebVing's Sea, and this Cimipany respectfuiiy insists tbat the Agrectneiit '"-t«een tbe two (iovcrnments set forth in the President's Proclamation, in so far as it pruliiiiits said Company from taking its lawful quota of .seal-skius, is in contravention of iiic vested rights of this Company, and subjects it to great loss. •'If it nuiy be assumed, as England has asserted, and this Government has denied, iii.ii the eastern portion of Bebring's Sea is not the marine territory of the United >:aii s, but is the ' high seas,' tiie Company respectfully sulmiits that it is not coin])eteni. :"r «;reat Hritain and the United States alone or for any other two (Joveniments to ictiriiiinc who shall be permitted to navigate these waters, or to prohibit lishing or •;ikiii- seals on the high seas : and tbe (Jompany respectfully points viut to the Honourable !ni' .^'cretary of the 'i'reasury that its rights "have been overlooked by said Agreement ■ HMeuthe two Covernments, in that it deprives the lessee from taking seals which it is autiiorized to take by law and its Contract with the United States, thereoy indicting a •ivere loss upon said Company, in order to obtain the consent of lOngland to arbitraui the question as to the right of Canadian poachers to destroy the soul industry by pelagic ■J. r 'i ' I V '-^ sculii: '!i- Inclnsmc L' in N(\ 77. Ealnict from the " Xrw York TImrs" nf .Ju:,e 20, 1891. 1^1 I I Tin: (.'oMMriH'iAT, ('oMi'ANV iMioTi'si's. — Tlic Xortli Anuniraii Cimuiu'iciiil (Uniimnv lias I'litiTod its jirotost niiiiiiisl llio ussoiit of tlio I'liitod Stiitcs' (Jovcnuncnl tn Ihe closed sonson for soiilinjj in IV'liriii.i;''s Son, and tins !;ivi>n iiotici' tluit it clniiii-; lo lif iiuloiniiifiod by tlio (JovoiniiU'iit for its losses not only for tliis year, lint Inst ytar, in liavin;;' tiio nmnhiT of seals that it was ixM'uiitti'd to take under its Conlracl cut ilnwn. It is evident tiial tlie Coinjiany wliic'' took the least' of tiie sealing inivilencs of ihu Islands of St, (Jeorf,fc ami St. I'aiil for a term of twenty years from the 1st May. ISlKi. has a rather hard har'iain. It is lumnd to incur a considerahle expeiM- in iiiainliiiiiinL' the natives, without relerenee to the nninher of sliins taken; and il iiwested ijuili' a l;ir:,'e amount in the "plant" aiul proiterfy iiurchnsed from its predecess.ir. The preiiarati'iii of eaeji season's work is, of course, an expensive malliT. 'i'hc terms of tlie lease fi;ive tlic Secretary of the Treasury discretion in deteruiinin;' tli(> numlier of seals that may he taken each season. I.asr year tlio nuinher was IIxim] nt , sulticient merely lo cover the <'ost of niainlaiiiini; llit' native-. \ow the (.'ompany claims tiiat the (loveinment liad no rii^lil to ivihice the numher after it had heen once lixed for the year uudiT the ccntracl of lease, and u wi'l claim to he indemnified for its losses. It says that tlie loss last year was lOO.OOU dollar-, and, of course, it will lie much larirer this year. I'e.-ides tiiis, the ('om|(any asserls that it has expeiuled l.'(i,(iO() dollars in the mainteiianee and ediicalion of ihe native-, whidi should he reinil)ursed. It seems likely, tlierefore, to ii.ive a nice little claim iipmi tlie Government for l,(M)ii,O0() dollars or more. The Company, tlirouuli its counsel, lias some remarks to make ahout the inter- natifiiial and jmisdictional aspects of the case, which are sheer imperlinenee. As to its lei:;al claims, not l)ein;:^ Jamiliar with the exact terms rii-| ment itself had ]irepared the way for this claim for a iarjre indemnity in case .'inl Agreement for a clo.-ed season should be made? Is not this protest another st"p in tiiol process of laying the basis for a claim ujion the (government e(iuivalenl to the pidiit- of a full scaling; season laine, by his dela\s and his intlueiice, siicc'eedc'il in doiii^j; his friends of the North American Commercial Coinpaihy a very substantial service after all. No. 7s. Sir J. Paunrefole lo thff Mnrqxu^ nf Sal i shit 1 1/. — (Rcreired July 2.) (Extract.") Washinijtm, Jiinr '2-', H'H. WITH reference to your IjordHliip's telej^'ram of yesterdays diitc, conlainnn;; thd instructions issued to the British crnizers in Hehrimj's Sea, I have the honour to 'm-hA co])y of a Memornndum which I this day personally delivered to the Acting Secieiarj of State. T 49 Inclosuro in No. 78. Afciiwranduiii, Tlll'i I'ollowin^' iiislruetiims liinc huen issued to the liiitisli Srnior Naviil Officer at I]si|iiiirnlt : — Il>' is to proceed lo Ueliriiii;'s Sen «ilii Ik-r .Miijestv's steiun-.^liipH " Xvmplio '' nnd " I'.icjMiiit," ami cnii/.e to tlic eastviard of tiie line of deumieiitioii iiienlioiied in .\t|i les I and 2 of the modus vliriid!, uarniiij^ nil IJrilisli vessels four.d netinjj in ij;Muiiineo of the prohihition. lie is to eontiseate the sealin;; eciuipinent of any British vessel found deliherately oliV'iiiling, rceordinf,' her name and the name of lier master, for proseeiition afterwftrds. lie is to arrest any American vessel found deliherately ofl'endinj,^ and record her iiiuiie nnd the name of her captain, to;,'ether with the proof of the oirenco for wliich 8be is ill rested, informing,' the United States' cruizer>. Her Majesty's ship " Porpoise " >viil be ordered from China to join the otlicr ships uiiiifr his command. Her Majesty's (!()\ernment are of opinion that there should he ati understanding liciueen the two (lovernnients for mutual imlemuilies. A crnizer of one nation arn'stin;,^ a ves.-ij of tiie other can only he justitied in doing so lis the ayent of such other nation, nnd should tiierefore act in that character. llcr .Majesty's (iovernment therefore suggest that the two Governments should aj;ree to indemnify each other in respect of any acts committed in pursuance of such agency by the cruizers of one nation against the vessels of the other in e.veeution of the mothi.i fivendi. !! No. 79. Sir J. Paunccfote to the Mitnjuis of Salisbury. — {Received Jiilti 4.) (Tclogrnpliic.) iVoshiiuiloi), Juhj 4, 1891. 1 HAVK the honour to inform your Lordship that ]\Ir. Wiinrton, the Acting Secretary of State, has addressed to me a note stnting that tlie President is about to liesinnate two persons to visit the ndiriug's Sou toi the purpose of examining all qiii stions connected nith seal life in ihat sea and tiie adjacent waters. .Mr. Wharton, thoiefore, proposes that nrrangemeiifs should be made to have the A;:enls of the ri'spcctive (jovcrnments go togetiier, so that tliey may make their observations conjointly, lie awaits such communications as Her Majesty's tJovernmcnt may desire to make on the subject. Mr. Wharton informs mo by word of mouth that the Agents whom the President i.s about to npi)oint nill bi- nominated as members of the Joint Commission, nnd as he pre-umcs that the same course will be followed by Her Majesty's (Jovcrnment with regard to 8ir G. Haden-Powell and .Mr. Daw.son, tiie object of the pro|io<*al is thnt all the memhurs of the Joint Commission should have tiie advantage of making the necessnry investigations nnd in(piiries in the course of the present seal fishery season. I awnit instructions from your Lordship as to the reply I should address to the United Stntes' Government. No. 80. The Marquis of Salisbunj to Sir J. Pauncefote. iTcli'grapbic.) Forcic/n OlJivc, Juhj 5, 1891. I HAVl'j received your telegram of yesterday, forwarding the proposal of the Tiiited States' Government that the inipiiries respecting seal lil'e in Helning's Sen should lit' I oiuluctod conjoiTitly by the Biitish and United States' Commissioners. Her Majesty's (Jovcrnment have already chartered a ship to convey the British i-onnuissioners nnd they could not now cancel the engagement. Instructions will, however, be sent to the British ("ommissioneis to co-operate as much as possible on their arrn al at thr. seal islands with the American Commissiouers in their incjuiries into the matters to be investigated. [5,2J m ,} i w Mv I -Old, 50 No. 81. ^'/r J. Pinnircfdlt' lo llif Maniuis of {^alisbunj, — {Received July 0.) Wmthintjtnn, June 20, Is; IN mv ti'K':,nnin of tlio lAtii inslaiil I liinl tlio lioixmr to report the xiijiiatiin' )t' tlie Ajjrot'imMit liotweoii IK-r Mnji'stv'.H (Jovi rnmi'iit iind tliat ot' llic rniii'd Stul i-'-i tiir mo dus rirendi (liirii)i; the present I'lir-senl (isliery sonsoii in Melirin^'H Si'H, iind I luiili ,1 that I \va>; n\Miitiiij; an iiiipointtuent to iiroceed with the discusxioii of tlie t enn- ut nil'itralion. Inniiediali'Iy after the siijiiatiire of tiie innilus livemli, I had renuoHled tiic Act iSeeretary of Slate (the lloiiourahlt William Wharton) to niijioint an en riy 1112 dav lor resuming the above negotiations, and lie promised to use all expedition for that purjMKe. The next day (the ICth) Mr. Wharton invited me t(» eall at the Slate Departnunt, and to my surprise nformed me that the President was conipclied to devote the next few days to other urgent matters of State, and had made arraiii;ements to leave WashitiL'lun immediately afterwirds for hi^ sea-side resiilenee at ('ajie May, lait tliat he woidd return on tiie ZUrd, and would he prepared to proceed "illi the remaining siihjects if negotiation. I expre.ssed my conoern at this tinexpopted d«'lay, whieh I feared miglit prevent tiic appointment of the ('oniniimised to report my oh.scrvation.-. to the President, and I called iigaiii at the department of Slate on the li^th in the hope of ohtaining n favouruhle reply to my jiropoMil, hut I was informed that my representations had heen of no avail, and that the I'resident would not consent to the negotiations being resumed until his return from ('ai)e .May. The President returned to Washington on the -'.'frd, and on the follouing day I called on Mr. Wharton to urge the immediate resumption \\\ instant in conformity with the instructions contained in yi'iir Lord.-^hip*s telegram of the '_'nd instant, on the subject of the ikdiring's fcea Ari/i- trution. I have, &c. (Signed) JULLVN PAUNCEFOTi:. ■^^fw 51 IncloHiirc in No. S2, Mr. lyiidilnii to Sir J. Pitunrefotr, Sii. IVd-ilniiiilnii, JiniH 2r}, IROl. TlIK corroMpondciu'o lutwccii (liis Oovcinmoiit iiml tlint ot Her iMajcHty lifts linppily rt-iilti'(i in nn A';n't''in'iit npon the (iist (ivo propositions wliicli arc to constitute tlio basis ot 1 proposed Arliilration rdiilini; to tlio cimtrovoisy wliidi has nriscn ns to tlic respective liulits of the two (Jiiveriinieiils in l?i'hriiit:'s Sea. In tlie note of lioni Suhshiiiy of the Jlst {'ehrnnry last he states his ohj(Mvliich deals with the issues that will arise in ease the fii)ntrO" viMsy hIiomIiI he deiided in favour of ( Jreat ihitain, would ])erhaps more fitly form the f;iiii--laiu'o of a separate lel'crcnee. Her .Majesty's (Jovernment have hw ohjeetion to !( icrrin/^ the f;;eneral ijueslion < f a eloscil time to arhitration, or to ascertain hy that nMitns how far the enactment of such a provision is necessary for the preservation of tlie si'iii species, hut such reference ouu^ht not to contain words appearingjto attribute special niiil ahnornial riij;lil in tin- iruilter to the rnited States." 1 am now directed hy the I'resident to submit the following, which he thinks avoid.s tlir objection uif^ed by Fiord Salisbury: — " No. (5, If tlic determination of the forcfjoinnf questions as to the exclusive juris- diilion of tlie United -fates shall leave the subjec^t in such position that the concurrence ot (Jreat IJrilain is neers^ary to the establishment of llesi'ibitions lor the proper protection mil] preservation id' the fur-seal in, or habitually resortin*; to, tiio lU'brinif's Sea. the Arbitrators shall tlien determine wiint concurrent U";,nilalions otitside the jurisdictional jiinils of the respective (Jovernmeuts arc necessary, and over wiiat waters such l{ei:ula- timis sliotdd extenil, and (o aid llictn iti that delerminatiou the Report of a Joint f'oinmission to b.j appcdnlcd by tiie rt-speetive Goveiiiments shall be laid before; them, wiili siicii other evide' ee as citht.'r (iovernment may submit. " 'i'ho ( 'ontraclinj;- Towers furthermore aa;rec to eo-mierato in seetirinij thi; adhesion (ifdther Powers to sncli Ke^ulations." In your note of tbe :'.rd instant you propo.sed, on belialt of Her .Majesty's Govern- 111' nt, the following Vduitional Article : — "It shall be couii;i. Ii.t to tlic Arbitrators to award such compensation as, in their jiiilLitnent sliall seem cfpiitable, to the subjects and citizens of eitlier I'ower wiio shall be .slimvn to have been damnified in ptn'suit of the intlustry of sealing by the action ol the otiier Power." The President eannol give his assent to tliis form of submitting the (juestion of compensation. It entirely oinits notice of the itnportaut fact, that the Government of till- United States, as tlie owner of the, seal ti^herics on the Pribylojl' Islands, lias interests wliieh have been injuiioiisly atleeled by the pilagii' sealing of wliiidi complaint has been made in this correspondence. This Government lias derived a very large annual income from this [iroperty, and tills income has, in ttic ojiinion of the President, boen very scriotisly impaired and iiiilierilled by tlie destruction of the seal in the sea while iiassiiig to and from tlie breeding gr;,! H k i- H r. of the question what ilanin£;os nio duo to the persons who have been injured in r;iM' jt Khali lie deterniined by liini tliat tiio action vi' the United States in Heiziiijj Uriiisli vessels lias liocn without warrant in international law. ' 1 am dir^ctt'd hy the President to iiiopose the following 7th and final clause in the basis of arbitration : — "7. It shall ite eonipetent to the Arbitrators to award sneh compensation u- in their judgment shall seem eipiitable to the suiijects or citizens of (Jreat Ibitain \\]\i)^e, vosels may lia\e been seized hy the Uniteii Stales in the Ib'hring's Sea, if su(;li Sfi/.nres shall be lound by the Arbitrators to have been nnwairanted, and it shall ai-i he com))etent to the Arbitrators to award to the United States sueli comi)ensati(in ;im in tlieir judgment shall seem C(iuitable for any injuries resulting to the l^nitcd State- .Ji to the lessees from the (Joverninent of the luivilege of takitig seals on the I'ril.vloil Islands, by reason of killing seals in the luliriiig's Sea hy persons acting under the protection of the liritish (lag out-ide of the ordinary territorial limits »r.d .iince tlie l-i day of January, 188(>, if such killing shall be found to have been an mfraction o'" tiie rights of ihe Uiiited States." It being understood that an arrangement for a Joint (.'ommission is to '-c niniU' contemponineously with the conclusion ol the terms of arbitration, I am direcied by tin I'resident to propose the following seiu rate agreement: — "Each rJoveriiment shall appoint two Connnissioners to invcstigiit" eonjointU .\iih tlie Commissioners of the other (JovcrimuMit all the facts baling relation to seal lite in Bcbring's Sea, ami tlie measures ne<'essary for its proper protection and preservation. "The four Conimissioners shall, so far as they may he able to agree, make a joint KcjOit to each of the two (iovernmenls, and they shall also report, cither jointly or severally, to each (Jovornment on any jiointi upon which they may l»e unable to ag;ee. "'ihe Ke|)orts shall not be made i)ublic until they shall be submitted to the Arbitrators, or it shall appear that the contingency of their being used by the Arbitvators cannot arise." I have. Sec. (Signed) WIMilAM F. WII.AU'no.V No. 83. Sir G. Biuhn-Puwell to the Marqnis of Salisliurii. — (lieceivrd July (i.) (Telegraphic.) Juh/ G, Ift^l. IN my opinion it is essential that in order to avoid delay I should take with nie to the North I'acitic ( tcean a permission from the Russian (loveinment, to visil their ii^iands should it seem necessary to do so. I should be glad if it could be sent to me. if possible, by post on tiie 7th nistniit li No. 84. Tiie Marquis of Sdlislmn/ to Sir J. Paunrefote. (Telegraphic.) Vnrnijn Office, Jiiiii C, r-".tL 1IK1\ .Majesty's (lovernment approve the wording of the 7th Article rewieciiin: compensatinn in tlie proposed Arbitmiion Agreement suggested in voiir lelerram nt tin 27tli idtimo. They have been ouaiting Ihe assent of the (.'anadian CJovernment, wlurU baa now been given. Her Majesty's riovcrnment accept the tjtii Article as ])roposed by tlie United-State- (lOvernment, ami communicated in vonr Udegram of the :.'"ith ultimo. No. 8o. Sir J. Paunrefnte to tlie Mnniuis of Salisbury. — {Receutrd July 0.) ( Tclegraidiic.) Wmhmfjton, Juha 0, IWI. WITH reference to telegram from tlie Foreign Offico of the Uth iiiHtant, are tli.' terms of agreement as to the .Joint (ommission referred to m my telegram ol mm 25th ultimo accepted by Her Majesty's (lovernnient ? T"im!fl C3 No. 80. The Maiiinis of Salisbury to Sir 0. jinrlhi-Pdirrll and Dr. Dnwson, ' n lemon, Vnrciijn OJ/irc, Jtih/ 7, l^^iU. 1 'I'lLANSMIT licrewi'Ji, for your intonnation, paraphrases of telegrams which have !-.■(! hi'twocn Her Majo.ely's Minisler at Washiimton and lliis Depart ineni,* it'lativ(! to a r ' ">al inadc by tlic f'ovcninioiit of (1h' United iStnles tli it (lie ('iiinir,i>sii)m'is ap|)ointc(l V lier Majesty's (Ijvernnient and liy tliat of the United h'tates to visit liehriiii;'s Sea ■ : the purpose el oxainininf^ into the conditions of seal life siM)uhl (h) so together, so aa make tlieir tjh-iervations conjointly. You '.iiil already have been informed of the contents of thesf> telegrams by the I, \er;ior-(Teneral of Canada, to whom they have been repeated \,y t"legrapli. In r.^L'ordance with the assurance given to tiie United States' Government, I have to roqiiest that on your arrival at the seal islands you will as much as possible co-operate •vit'! tlie Commissioners appointed by the Government of the United States to inquire into this subject. I am, &c. (Signed) SALISBURY. 1^ No. 87. Colonial Offirr to Foreign Office. — (Rerelred .Inlii 8.) Si:. Doirniiirj Slrcel, Juli 7, 1891. I A.M directed i)y Lord Fvnutsford to transmit to you, for the information of the Mar([uis of Salisbury, the inclosed "Supplement No. 1 to the Annual Report of the Doiiartment of Fisheries," which has been received tVom the (iovernor-Goneval of I a!iada. I am to request that you will call his Lordship's attention to the passages relating • ' ilio seal fisheries contained at pp. 182-4 of this volume. I am, he. (Signed) JOHN BRAMSTON. Id * , Inclosure in No. 87. Extract from Supplement No. 1 to (he Annwil Report of the Department of I'inherics. FiSHEniEs Statkmknts AM) Inspectors' Reports for tui; Year 1800. [Printed b;r order of the Canadian Parliament.] Marine Furs. The value of the marine fur products i.>- olO.l 1 1 dollars, being an inctcase of l."i7.UGl liars over the pa.st year, due to the following causes: — An advaiice of 1 dollar per -kill 111 the price of fur .seals, an incicnse ot 11, IM skins in the catch, and an incicise of •-'"• in the catch of iiair-sea s. 1 append a Hchedule, showing the detailed catch of tiie sealing llei't for tlie season of • No<. 71) nii.l HO. mm ij> F^ f- ■-'3 u - - c t.3 S r3 o tf w f en *--coc'»'-r»ooocct^'rr^u>MOfciccc»coc»ofO^--c-icit CO -^^ X 00 C»^ OJ ;r ^ O 'T -^ 5^ ■^^^ CO O^ I'- OC 3D »o C> O ^C 1^ « o to ■?" 1 h;^ 2 o" cT tc co" cT o" *o V « af ^^ «? »r> co V oo" ^ ci o ao*" ji' ^ cf t-" o" -h' ci io"r- c* _' « •^ C% ^ C* — < ^ — CI C< C-l ^ --^ CI ^ (N — r-( -N .^ ^ ^ CI ^ o - ' ^ ii t-«(^^«^ococo^•'J•^''.•^^3c;^fc^co<^^»e^ooew^(^^c•^^ooo O O *l 1 tc <— c-i o ■^ CT- CI '-^ «c cr> ro '-s c-i cv f I-* »c 1^ U5 1- 00 to 1" « ^' ■-T ;?: — <- •- rt o W . — i< »- to I"' ;j I'- f "M r' CO cr o f o o c "^ CO CI o o to -^ •-• r. k-O m .- o .-:> t- o r? r> ^ C-: oc ^ OL '-s f i- •• i^ to -r i.o f to I'* c: o — 1- ■-: tr o -. ti Ci — -r T I'* T »- t^ *r c~. 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I ' ' i ■ ' ' * £ . •:•■•§ : ; ; '■ ? i' .H »; O ~j ■= § e e^S,e teg ti^-s.o 5 . -a ^ ►- ;i p,=:J:o It 1 ll=l sip ^-:^.'^ S- = ~^S^2 ! : : : • E : : : • . • 1 a a. • •■■•• •••••• ,-i r/: r » 25 :l. w, *-• 1 ,0 . . . . . |:€„ .-g *5 .-aii rt y. 1l IfH-t 00 Return showing Fur-Seals caught l)y Forci;^n Ve«scls aiul lUspoBcd of in Victoria, Jkitisl) Columbia. Nome of Vc.-fd. 1 Number of NaiiK' of Oiviicr. Sand I'oiut Calch. Niim' ci- of Bell! in;; Sea CaU'li. Total Nuiiibir. Mattif T. Dyrc .. San 11ii'(?o flc(i. 11. White .. Hairy Iluvia Vfiuurc Aaao Ameiitan Ditto .. Hitto . . I'ilto.. Ditto . . ficrman 71 2-20 670 400 1,600 601 431 71 579 ■too 1 ,500 5G4 651 Tdlal .. 291 3,-ir,.i 3,7fS It will be noticeil that tiio names of vessels and owners are iriven, together with the tonnage, as in ijvevions reports, while the nuint.ier of boats anil canoes is ko])t separate ;inil the total \alues given. The value of vessels comprises tlie fit-out with tirearnis, amnninition, &e., when prepared /'or a lantin^: voyage. The catch ot seals liaa been dividiii into three classes, viz. :— Spring catch, Sand Point catch, and Hehring's Sea catch. The S[)iing cntch coi.iprises the seals copttired alter the vessels have lelt Victoria, say the 1st Fehru.iry, hunting as fur soutli 1 ':* Colonial Office to Foreign Office. — {lieceived July 10.) Sir, Doirning Street, July 9, 1.^91. I .\.M directed hy Lord Knulsford to transmit to you, to be laid before the Ahin|ui.s of Salisbury, a jjaraphrasc of a telegram from the Governor-Gonoral of Canada resi»eciii!,? the suggestion that the members of the Joint Commission : iiould proceed to the isLtmls together. 1 am, &c. (Signed) KOBEllT G. W. HERBERT. Inclosurc in No. 92. Lord Stanley of Preston to Lcrd Knutsford. 0'elegrni)l.ic.) (Received July 8, 1891, 4-20 r.si. i THIO following message vvos .sent to-day to Sir J. Pauncefote: — "The Prime .Miiii>ter of Canada suggests that tiie Uiiited States' CovenuiKnt shduKl be inloinicd that the Hrilisii Commissioners are ready to start, and hope to leave Ottawa ( n the liuh instant. " Will Cniti d Slates' Commissioners accompany them?" So. (U. 61 No. on. Colonial Office to Foreign Office— {Received July 10.) Sir. , , ^ , Downing Street, Jul;/ 9, 1891. WITH rofViciuc to tlio letter from this Pepnrtincnt of tlic 'Jtli iiistnnt, T am diii'Ctcd hy Lord Kiiutsforil lo trniismit to jou, for the infornuilidn of tlie Marquis of Salisbury, a copy of a tclejrrain whieli he lias sent to tiie (iovernor-General of Canada rc-iK'ctin-; the Mijrgcstion that the Hritisli and United States' nicnibcrs of the Joint Cunmiission of Experts should proceed to Behring's Sea together. I am, &c. (Signed) EDWAUD WINGFIELD. i I Inclosurc in No. 08. Lord Knutsford to Lord Stanley of Preston. (Telegraphic.) Downing Street, July 9, 1891. WE have no ohjection to Commissicmers of United States' Government accom- panying British Commissioners, who should proceed in vessel chartered for them vithout avoidable delay. t V Xo. 9i. The Marquis of Salisbury to Sir J. Pauncefote. (Telegraphic.) Foreign Office, July 10, 1801. THI'] Secretary of State for the Colonies communicated to me the telegram sent ir^ mi hy the Governor-General of Canada on the Htli instant, suggesting that the United >ftate9' Commissioners should accompany tlie Britisli Commissioners to J5eliring's Seu. Her Majesty's Government have no ohjection to the proposal, hut the British Commissioners must go in the ship which has been chartered for them, and should not postpone their departure. !1 No. 95. Sir J. Pauncefote to the .l/nrfyiiis of Salisbury. — (Received July 10.) (Tt'legrapliic.) Washington, July 10, 1801. WITH reference to your Lordshi])'s telegram of the (ith instant on the suliject of I'K'iiring's Sea arbitration, i have sounded the United States' (Jovernnienl unoHicially on the subject of the new clause No. 7 resjiccting damages, which I submitted to your hordship in my telegram of the liTth ultimo. Before arriving at any decision on this subject, the President wishes to be oHlcially informed of the precise groiinds on "Inch IKr Majesty's (iovernment object to clause 7 a^ proposed by him. W ith your Lordship's approval, 1 jiropose to inlorni him that Her Majesty's Government are of opinion that in a case like the present, it is unusual and iK'xpedient to make use of terms jiroviding that compensation hIiuII be awarded on an iniiotheticnl state of facts, and thus prejudging the ([uestion of liability ; that, further. tliey consider that the (juestion whether any legal lialtility arises out of any particular stale of facts is a matter wbich should lie adjuilged upon by the Arbitrators after discussion before them. Her .Majesty's Government would therefore [iropose that, in iiriler to place both Governments in this respect on the same footing, a new clause in tl'.' form submitted in my telegram of the ■_'7lh .Jime simuld be substituted for clause 7 as |TO])Osed by the President. 1 have the bonnnr to request that I may be informed a.i soon as possible as to wiiether the above reply receives your Lordship's approval. [572] !'».i r.R No. 96. Colonial Office to Foreiijn U(/ice. — {Received July 11.) Sir, DoiniiiKj :Slrerl, Juh/ 10. ]S',)1. I AM ilirocted l)y Lord Kmitsford to noknowlcdiie tlic rocoijit of your letter of tlie Stli instant, inoiosiiiij u piirapiirase of a telt\our Lordsliip herewith the inclosed copy of a note, dated the 1 Hh (2(5110 -lime, in which M. de Ciers replies to my two notes of the 'JOrd May (Itii .luiie) and L'itth May (U'th June), transmitted in my of the ]Oth ultimo. Owiiii^ to some accident in transmissicn, which is not yet explained, this note only reached my liaiids yesterday. In it M. to the east of the maritime line of 1807 if Her Majesty's Government, in a spirit of just reciprocity, would equally prtdiibit British subjects from fi.-hing to the tvest of that line. The cruizers of both countries could, in that case, lie authorized to stoj) on the high seas English and Russian ^ubje('ts alike found coutraveniuir tiiis nrrangemcnt in the waters of the Mchring's Sea and the Okliotsk. The note closes by the significant hint that, under any circumstances, the Governor- General of the Amoor had been instructed to lak<' all necessary measures for piotecting the Uus^ian hunting grounds against any dangers that might threaten them on the i^irt of foreign hunters. When I saw M. de Giers on Saturday lie did not advert to the question, being probably uiider liie impression, as be must have supposed that I had received his note, that [ would be, ihe first to introduce it. I have therefore not had the opportunity of obtaining from his Excelleiicy any elucidation of the note. Inclosure in No. 97. M. de Giers to Sir R. Morier. M. I'Ambassadeur, Saint-Peter sbourfj, le 14 ("JG) Juin, 1S91 .I'AI en I'honncur de recevoir les deux notes de votrc Excellence en date du 2;^ Mai (4 Juin) et du 21» Mai (10 Juin) relativenient a la chasse des otaries. Piir la premiere de ees notes vous voulez bien m'lnlormer que le Gouvcrncmeiit tie Sa Ma(es(e Britanni(jue e-t toinlie d'accord avec le Gouvernement des I'jtats-Unis lic rAnuriipie du Xord qimnl a la prohibition de la chas>c des otaries jus(jn'au mois de .Mai cotto rofrion si lo Cinuvorncuiout do Sa Majoslo 15riliiiini(iuo, iliniH un os[irit do juste rooiprooito, intcrdisait o{;aU'inciit a sos sujots^ la (diasso sn.smon- tiiiiinc'o a Touest de la nioiiie W'^nc. Los croiscurs dos donx pays jjoiirraiont, on cc cas, i''tri' antorisos a arrrtor los contrcvonants on ploino ni(>r. Anglais ou Russcs, sans lii'^iinction, dans los oaux do Roliriny ot d'Okliotsk, ol do los livror aux autoritOs imlionaios conipotentcs. En ])ortant oo (jui precede il la connaissancc do voire I'^xcellenco jc ni'einpresse d'.ijoutei' cpie ie Gouvorneur-(J(.'in<'ral de la Province de I'Aniour rocevra dans tons los cas I'ordro (ie prendre los niosures neco. aires pour la protection dcs cbasses Russos d'olaries contre les dangers qui pourraicnt les nienacer de la part des chasseurs etrangers. Vcuillcz, &c. (Signe) GIERS. (Translation.) M. I'Ainbassadour, St. Pelvrdnuijli, June W (2G), 18i)l. 1 HAVE bad the bonour to receive your Ivxcollency's two notes, dated the 23rd May (Itb June) and the 2!)tb .May JOtb Juno), relating to tlio bunting of seals. In tlio lirst of tliese notes you are good enougli to accpiaint mo liiat tlio Government of Ilor Britannic .Majesty bave come to an Agreeniont \Nitii tlio Government of the I'nitoil States of North .\niorica with regard to tlio proiiibition of scal-iuinting until tiie nioiilli of May of next year, and tliat they invito the Imperial Cabinet to join in that nuMsuro. Lord Salisbin-y was good enough to adil that without the assent of Russia tliore coulil bo no (piostion of ])utting tiiis ;u';at:;,eniont into practice, in the second of the two notes above mentioned, your I'Acolloncy modifies the proposal of your (iovoiii- mont in the sense that the probil)ition of seal-bunting \Nould only liohl good ti> the east of the maritime line of the 'i'roaty of ISO" concluded between Russia and tlio United Stati's. 'Pile (Government of Her P>riiaiiiiic Majesty consoiiuently a^ks us to prohibit iiiissian subjects on our >ide from the seal-bimting which is forhidden to the east of tliat liiii', and to authorize English cruizers to seize such vessels as may imrsuo tiii'.t industry under our Hag. While tiianking your ivxcolloncy for these coiiinumicadons, I think it riglit lo rcuKirl^ lliat it uonld be iHliicult ior us lo agree to proposals of whicli the Dllicial loxt is iiimV known lo u> tbrougii tiie newspapers, and wliicli, nioreover. iiavo only hccn niado to Us liy 1)110 ot the two Gontracting Parties. With logaid lo ihe inariii.e iiiio of the Ticaly of 18(17, the Imperial Govenmunt would prohahly see no ditliculty iii [in liibilinii- ii'U'sian subjects from hunting seals to llio case of ibat region if the tiovernnu'iit of !lir Ihiiannic .Majesty would, in a spiiii of just rociproiity, e(iiially pr(diii)il llioir subjocls Iro'ii Imnting lo liio west of liio same lino. Tiie cruizers of ihe tuo conntrios oi.uhl in tliat case be authorized to aricst the olil nders in the ojion si. a. l^ngli-b cr Ru.ssian, "ilhout distinction, in the wato:s ol Indiring's Sea and the Si-a of Okboisk, and lo haiul tlii'in over to the com|ioloiit nati'/iial anllioritios. In making the above coiniuunication to your I'jxcelloncy, 1 ^asfou to add that iho 'Verniir-Geiioral of the I'rovinco of tlio Amoor will in any case receive orders to take the necessary measures for the i)rotoctioii of the Russian seal-luinting grounds against the dangers by wliicii tliey may lie threat onod on the part of foreign hunters. 1 have, ttc. (Signed) GIERS. No. 98. Sir R. Moricr to the Marijuin of Salisbury. — {Ucreircd Jiilij 1.'}.) Mv Eord, St. Petprshur(/h,July\},'lH91i. I RI'^CEIVED your Lordship's telegram of the 8tli instant early this morning, and at once addressed a note, of which I have the honour to transmit a copy herewith, to M. do Giers. [672] „ 12 f * I 1 f i r ! :'} ■!,■ is I 1 ■' m Not iu'ini,' al)lo to spaio tlio time, owin^' to (lie dispatch of my mcsscnjror, f roi|iK'>ti'(l .Mr. Howard to tako it liiiiisclf to M. Oliiolikiiio and to ur;;e on his Hxcelli'iicj- that tlio mattor iiii:,'ht he at once taken in liand. so that a tcicijram of consent nii'.'lit l)e (lis|)atclH'(l to N'anconvcr's Is]anth June last, in comiection with the question of seal-huntin;; in the l?ehrini;'s Sea, it was stipulated that suitable jiersons designated by Great Jkitain should ijc permitted upon ajiplication to visit or remain upon the American seal islands diirinjj the jiresent sealinij; season for the purjiosc of making such inquiries as might assist. Her Majesty's (Jovernment in presenling their case to the Arbitrators, should an ai,freement for arbitration be arrived at, and with the idtimate view of arriving at such data with regard to seal life as might facilitate a general agreement for the preservation of the species. 1 have now been in.structed by ller Majesty's Government to inform your Excellencv tliat Sir (uMirire Madcn-Powell and Professor Dawson, men pre-eminently fitted for the l)iin)0-e, lia\c been selected by ller Majesty's Government to go out to the Beiiring's Sea and Noith racilic for the purpose of investigating the conditions of ucal life in tliosc seas; and they are very desirous that, in addition to the .\niorican islands, tiieso gentlemen slioulii be permitted to complete their inquiry by a visit to the Kussiai\ seal islands, aii important reason for this t)eing that it will be necessary to asciMtain how far the alleged diminution of seals is due merely to migration to other rookeries. Her Majesty's Government, in instructing me to make this apjilication to the Imperial (Government, express their strong wish that the permission might he granted as (juickly as possible, in order that they may he in a position to telegraph it to the Commissioners before they leave Vancouver's Island. I avail, &c. (Signed) R. B. D. MOKIKR. No. 99. The Marquis of Salisbury to Sir J. Pauncefote. ('i'elegraiibic.) h'oii'iijn Office, Jultj 13, 1S91. 1 H.WK received your telegram of the 10th instant relating to the Agreement for arbitration in the Behring's Sea (luestion, and I api)rove the reply you propose to make to the United States' Government as to the oljjections entertained by ller Majesty's Government to the proposed wording of clause 7 of the Agreement. Ko. lOU. Colonial Officf to Foreiijn Office. — (Received Julij 14.) Sir, Donninij Street, July 14, ISi'l. AVITH reference to your letter of the 19th June, I am directed by Lord Knutslord to transmit to you, to be laid before the Mar(|uis of Salisbury, a copy of a despatch from the Governor-Cieneral of Canada, forwarding a copy of a letter addressed to the Minister of Marine and Fisheries on behalf of the British Columbia Sealers' Association, .selting forth their objections to the passing of the Behring's Sea Seal Fishery Act. ^m 61 I am also to inclose the draft of a reply which his Lordship proposes, with Lord Salisburti's concurrence, to return to this desitatch. f am," itc. (Sit,'ncd) JIOIIEKT (i. W. HERBERT. luclosure 1 in No. H)i). Lord istanley of Prenion to Lord Knutxford. M iiOrd, Goreinment ]louti(; Otiiiiid, Jini" -li, i'^'.n. I HAVE the honour to transmit heiowith a copy of an npprovcd Minute of the Privy Council, suhmitting: copy of a letter addressed to tlic Minister of Marine and Fisheries on hehalf of tlic i?ritish Cohimhia Sealers' Association, setting forth the objections of that hudy to the passing of the liill of tiie Imperial Parliament to prohibit sealing in the Bchring'n Sea. I have, &c. (Signed) STANLEV OF P1{EST().N\ fnelosurc - in No. lUi>. I'l'jnrt nf a Coinmiftrc of tli;- lloiiniintlilc the Priri/ ('(luncil. npproi'i'd lijj his hJicrllcncji the Govrriwr-dfiiernl in Council, on the 'I'lnd June, I8!)l. ()\ a Report, dated tiio 17th .lunc, ISOl, from tbc Minister of .Marine and Fisiieries, staling that he has received from Messrs. E. R. Marvin and Co., of Victoria, Rritish Coiuiuljia. a letter on liehalf of the i?ritish Cohunbia Sfalers' Association, detailing tile iil>jeetions to tiic Viiii tiien before tiu! imperial I'ariiament to prohibit sealing in iicluing's Sea, whicii a meeting of tlie owners of seaiing-vessels and other interested jartii's discussed. The Minister oh.serves that the Association anticipate the ellect of the Rill passing in its present form will i)e ruinous to Rritisii snl)jects hitherto ])artiei[iating in tiie iiulustry. They arc much opjjo.'-ed to the stipidation allowing tiie Ics.sces to take 7,oOO seals for food for the catives, and assert tliat llie natives enqibned by the lessees are taken from Oonalaska to tlie seal islands, and alter tin: expiry of tiio Iviliing-season are taken buck to Oonalaska, a limited lunnlxT only lieing kft, on tlie islamls during the winter. If allowed to take 7,oOO, it is feared tliis permission would be used as a cloak to unlimited killing. They consider any close season adopted should he general, without any exception. The Minister further observes that in the last paragraph of the communication appended, the Association ask to he allowed to send two competent men to represent their case hefore the Arbitrators. T'he Minister appends a copy of the letter in question, together with a copy of his reply thereto. The Committee, on the rccommeniiation of the Minister of Marine and Fisheries, luhise that your Excellency be moved to transmit, a coiiy of this Minute to the Right Honourable the Secretary of State for the Colonies for the informaliou of Her Majesty's tiovernmont. All which ia respectfully submitted for vour lOxcellency's approval. (Signed) JOHN J. McGEE, Clerk of the Privy Council. Inclo.sure 3 in No. loO. Me^nr.s, Marriu and Co. to Mr. Tuppcr. i'rar Sir, Victoria, British Columbia, .June 5, 1891. .\ MEETINd of owners of seaiing-vessels and others interested was held last timing to take into ('(nisideration the present Rill, now i)efore the Imperial Parliament, ami tlie hardships that would arise from the Rill passing in the present form, and if carried into effect will be ruinous to those British subjects engaged in the Iiusinoss. < !«^"l I II There me some matters in connection \vith tlic passlnfj of the Bill, and iiKo the demand made by tiie American Government for the j)iiviie;;e of takinj; 7,>'J00 seals tor the natives' food, ^^hiciMve strongly oliject to. We therefore lay onr views hel'oic \-(m with tlie obji'ct of future inforniatiuM and ;;ui(hiiice of tlii' Arliilralors in the setllciiieiit of tins (luestion, matters tliat are of \ital im[)ortance to all those engaged in the sialinp business. in takinjr nj) the diMiiands made by the American fJovernnient for T.oOO senls for food, lor your inlorniation «e bci;- to slali' llial the natives eni|)i()yi'(l by the lessees of the I'ribyh'ir Islands are taken from Ounalaska to tlH> Islands of St. I'aul and St. (leorse about the 1st .Fune, and remain liiere during the killing season, which conlinue> until about the 1st September, when they are removed back to Ooiuilaska. About six nu-n are left on each island during tlu' winter, to prevent any raid being nuide aiUr the Company have lakm iheir seals. The natives living at Oonalaska live as wi'H as any white man can live. Those on the islands are also provided with food for llu' sfusoii. The i)lea set up by the American (ioverimient, that they want ".'iCO .seals to feed the natives, is a blind, and oidy to gain that advimlage over the Imperial (iovernmeiit. Tiiat privdege being alltn\ed them, what is to pri'vent them from taking 70,(»(iO? There will be no check to prevent them doing so. The princijjal lessees of the islands, Leibes and Co., have a large cannery at Kodiak, also a fast steamer running between there and the seal islands. They can cany away any cpiantity of seals when they waul them. The facts are not generally known, only to those engaged in the Imsiness. In the settlement of this (piestion, should any such advantage be allowed the American (iovernmeiit, it will be all they would ask, for, as tliey w«iuld be in a position to kill all the seals they reijuire regardless of preserving life ; if it is decided to havi' a close season, let it be general. («ive no advantagi' to any one, under no plea, es[ieeially that set u[i by the American (iovernmenl, viz., Unnl for natives. The Hritish Columbian scalers have exactly the sanie grounds to work on that the American Covernment claim in regard to feeding our natives. \\C have in all l,(li)(i natives enijiloytd on ou;- vessels that live principally on the s(>al during the sealing season, and earn through their own industry lioui ."idO ilolhus lo "."JO dollars wliile i'ii;ploye(lsevi.u to eight months in the year. They lorincrly were hostile to all Whitemen. Life wa- not safe among them, but since the sealing industry has become a legitimate busiursv and profitable, the Indians have become civilized and industrious, anil lo(dv forward to the sealing season the same as our I'.astern (ishermen look forward to theirs. The change in their habits and mode of living is most remarkable when compan-d with the s;ivage state they lived in befuro the sealing business commenced. They have now conifoitabk' clotldng. good homes, and plenty to eat, all earned by their own industry. If our own Iiubans can earn their own living and make money in this business, the natives ol Behring's Sea, employed by the Sealing Company, can do tlu' same, and do so, alllmugli not .so well paid as our Indians. The plea set up by the American (lovernment," food tur the natives," we strongly j)rotest ai;ainst, as a dodge on the pari of the Government to pet the small I'nd of the wedge in. Another (piestion in reganl to the matter. Suj)posing there shouUI be a close season r We have fifty vessels engaged in this busini ~, emi)loyiug about L', 000 men. half of them bidng natives, and bringing in a revenue to those employed sullicienl to make them condortiible, and supjiort their families w«;ll: also llie supplies re(pnred for the vessels adds largely to the revenue of the Dominion, and lieli)< to make u]) the large amount of duty collected at \'icloria. What will i)ecoine oi the natives if this industry is closed. It may cost the Dominion millions to provide for them and keep them in order; now they are happy and contented, having comforts the .same as Whitemen. if deprived of their living by the dosing of sealing, a man's life would not be safe among them; also, what emplo\menl are we going to give our Wiiiteuuii, a majority of them young men, thai have taken i\\) this business for their future living, nearly all belonging to the Kaslern jirovinees. It is too serious a matter to settle in haste, especially for the future pro.sperity of British Columbia and the Dcnniniou generally. It not only gives employment to men on vessels, but has been the result of some ten new vessels being built here last year, and a further increase provided no interference is allowed to closing the sea. It the Americans are allowed their 7,oOO seals, they will gain the main point thev have been seeking, while our vessels will be laid up to rot, and starvation to those employed in the business. The seal is a migratory animal and does not belong to any one nation. This outcry by the American (lovernmenl of preserving seal-lile is well understood by us as meaning funds for Uncle Sam. l.et the Dominion of Canada lave a share. They have as much right as the other nations. If Canada will only proteel "=J(-j-" lf«''iP^' M 03 her subjoctH in miitU'i's of tliis kind, and not allow Uiiclo Sam to take all the loaves and tisiii'^. who will 1)0 a prosperous eountry. lliivinfj laid the matter before you in rather a rouuli manner, wo kindly ask your earliest eonsidoration in this matter, and would eall voMi attention to the facts stated, not prejudicially, hut in a calm and deiiherate manner, i'lillv reali/infr our position to lie l)ankru|)tcy and niin to all ciiu::i^'ed, if carried oul. We therefore iiumhly ask, on hcliaif of the scalers, Ihat you will kindly use your iiillinuce to iiave the Arliilratioii ("ommiltco allow the Sealers' Association to send two competent men, selected hy them, as repre,>ientativos on our behalf. We have, &c. (On behalf of the Sealers' Association), (Signed) K. B. iMAl!ViN and Co. IncloMiie 4 in ' >. 100, Mr. Tapper to Messrs. Marvin and Co. (Icntlemen, Oftnwn, June \?>. 1891. I WVA^ to aeknowledrre the roreipt of your letter of the ')th instant. I observe ivhat you .say touehin;; the pn)])osal that the les.sees ol' the United States' (jovernment miiy, pciulinj? a dose season, take 7,.')0() seals for food for the natives on the I'ribylofl Ishiiids, and your suu;es miirhl, follow lht> c(meession of such a privilej^e, anil the expression of your desire that, if a close sea'^on Ite adopted, it siiould be general wit hunt any exception. I have considered the arranfjements which you advance in support of tliis contention. I also note your views toucliinir the jiroposcd eompensation ot' British citizens, who may sutler from the enforcement of a. close season, and have to inform you that I have inclosed a copy of your communication to hi-^ lixeellency the (lovcrnor-'ioneral, and have re(piested his J'^xcellency to cause your views to bo communicated to the Imperial iiiitlioriti"s as soon as pos-;iblc. Yours, &c. (Signed) CPTAT^LKS IT. TUPPER. Inclosure 5 in No. 100. Draft of Drspalch to Lord Stanley of Preston.* My Lord. Dnvnlnr/ Street, .Tiihj , lf»9I, 1 ILWl'^i the honour In acknowledge the receipt of your despatch of the 24th idtimo, tnuisuiilting cojiy of an ir.| roved .Minute of the I'rivy Council, inelo>ing cojiy of a letter addrc.s.sed to the Minister >f Marine and Fisheries by the British Columliian Sealers' .Association, in which their objections to the Imperial Behring's Sea Seal Fishery Act aru set forih. With regard to the anticipations of the Association as to the loss likely to be suilered by British subjects tiirough the operation of tiie Act, I h.ave alrrady informed your Lordship of the decision of Her .Majesty's Government with regard to the payment of compensation in such cases, and need only refer you to the communications which have already passed on the subject. The oidy other ([uestion raised in the letter from the Association wliieh appears to oall for notice is their wish to he heard before the Arbitration Commission. As you are aware, a .loint Commission of Ivxperts has been appointed to examine all qiKstions connected with seal life and the fur-seal industry for submission to the -Arhiirators, and 1 retjuest that you will cause the Ass()eiali(ui to be informed tiiat they should lay any statements they may wish to make before this Commission of I'^xpcrts in tile first instance, and that, in the event of its being fnund neces-ary to call evidence brfure the Arbitrators in addition to that which will be presented iiy the Commission of Exjierts, Her .Majesty's Government will not fail to bear their wishes in mind. I have, &c. *i This doipiilch was sent on .luly Iti, 1891. if ffl^ i'r •t ! I 64 No. 101. The Martinis of Sulixburtj to Sir R. Morier. Sir, ^ Fnr''!(jii Oflicr, Juh/ ]:}, ]^\\], I IIAVK to .irkn(»wlc«lpe tlic n'ooipt of your KxciUcnos's (los|"iat('ii of the 9tli instant, inclositiir a copv of u note wiiicli you li.ul addn-sst'tl to tlio Hussian (Jovcrn. niiMit on tlui lU'liiinn's Sou (nu'siion. and to stjito tliat jour iK'tion, ns rc'iiorted in t|i;)| dospatcli, if* approved hy Her Majesty's Goveniiuenl. 1 am, iSic. (Signed) SALISIU i;V. No. 102. ForeiijH Office to Colonial Office. Sir, Foreign Office, July IT., l.a<)i. I AM directed by tlie Marquis of Saiislmry to acknowledge the rccciiJi of your letter of tiu' 14th instant, with its inclosures relating to the ol)jeetions entcrdiinuil by the British Cohimhian Sealers' Association to the passing of "The Seal I''i>.lu'rv (Behring's Sea) Act. I-^IM.'' I am to slate, for Lord Knutsford's information, that FiOni Salisbury concurs in the reply which it is proposed to return to Jjurd Staidey of Pre.ston'.s despatch on this subject. r am, kc. (Signed) T. II. SANDEUSOX. Ill !♦ No. 103. Sir G. BadeU'Pouell to the Muri/uis of Sulisbunj. — (Received July 16.) My Lord, Xeir Ynrii, July o. IsiU. I IIA\ K the honour to inform your Lordship that I have this day ivansniiltiHl to you a feleirriiphic despatdi, of «hich the fol!(n\ing is a paraphrase : — '■ I have tlie honour to infurm your fiordshij) liuil I am of opinion that it is ncfos- sary that I should take with me in Behring's Sea, so as to avoid delay, the permit of tlic Kussian Government to visit tlieir i.slands should occasion arise. " I sliould l)c glad if this permit were forwarded to me — care of the Admiral, Esquimau — if possildc, l)y the mail leaving JMigland on the 7th July." I may aild, in explanation of the above telegram, that as the Russian i.slands are as much as 2,(i00 miles from civilized ports, 1 deemed it advisal)lc to carry with me the necessary permit in case I found it cxjiedient to make inrpiiries on those islands in accordance with clause (i of your Lordsliip's letter of instructions. I have, &c. (Signed) GEORGE BADEN-POWELI;, No. lOL Sir R. Mnrier to Ihr ^ffli■r|uis of SaUfihury. — {Received July \7.) (Telegiapbic.l St. Petcrsburyh. July 17, 13P1. 1 HAVE been informed by tlie Under-Secretary of State for Foreign Alhiirs thai he felt certain that, as .soon as a decision lia'i been come to by the three Ministries interested in (lie (juestion of the visit of our Commi.ssioners to the Russian seal ishiiids in tlie I'.cliiing's Sea, t('legi-.iphic instructions would be sent to the Govenmr ■•! Viailivoslok to see tliat all facilities for the investigations required .shall be acco'ileil to them. I'f 'H 65 No. 105. The Marquis nf Snlislmry lo Sir li. Moricr. Pi ir. lun-riijn Offirr. Jnhi 17, ISOl. I HAVE rccoivod your RxccUcncy's dcspati-h of tlic 7tli in-tant, inclosinp ft note from the Uiis.siiin ( Jt)VL'riiinL'iit on llic sulijoct of I lie A;;recinciit wliicli has rei't'iitly Id-en eoncliuied Iielweeii this country niul tlic IJiiitcd States for iircvcntinj; tlio killing? of seals diirin"^ the present season in a ceitain specilled jmrlion of Ik'hrini^'s SC!1. In tlie course of this note .M. tie (Jirrs aiinde^ to the fa'l that tlic text of tiie Agreement is not known to him otherwise than thiouifh tlie puldic press. Copies of the Aiirecnicnt in the form in whieh it \(as siirneil \>«mo forwarded to you in my despatcii of the Klh instant. 1 have to recpiest ^our lOxeelieiiey to com- miiiiieate n copy to .\I. de (Jiers, and to state that, in order to f,Miard nicainst 'iiiy possible inaicuraeies, Her Majesty's (Jovernment weie auailin^^ tiie receipt of the .si;,'iied oriKimil t'rdin Her Majesty's Minister dt Wasiiini^ton hefore instructing you to phice its text in the liiiiuls of the Russian (jovernmcnt, AVith ref!;ard to tiie conditions on whidi .M. do CSiers states that Russia wouhl be willinj: lo l)ecomc a jiarty to tiie Afrreement. you are aiitliorized to state tliat, altliough Ihr Majesty's fJovcrnmenl wouhl l)e very williiifj; to enter into an arranj^ement with llii-^in and the United States to proliihit sealini; diirii'fj tiiis season to tlie west as well lis to the east of the line of demarcation mentioned in the A;;reeiiu'nt. they understand lliiil the United States' (iovernmeiit are unahle to do so without froh lii;ishitioii, which is not possible at tliis moment, as Congress is not in session. Any agreement of this nature for the present season could therefore only he made by lltissia and JMigland alone, and it would have the etl'ect of leaving the western jiortion of Meliring's Sea open to United States' citizens, while dosing it to British and Russian subjects. For this reason Her Majesty's (Jovernment do not think that such an arrangement as M. 'Je Gicrs proposes would be desirable, and they believe that his Excellency, on consideration, will concur in tiieir view. I am, &c. (Signed) SALISBURY. No. lOG. The Behrinifs Sea Commissionprs to the Mnniiiis of Salisbunj. — [Received July 20.) My Lord, Ottawa, J uhj ~,\m\. WE have the honour to acknowledge the receipt of your Lordshiii's dcspatcli of the 24th June, informing us that the Queen has been graciously pleased to appoint lis to he her Commissioners for the purpose of inquirinii' info the conditions of seal life in Beliring's b'ea and other parts of the North I'acilic Ocean, and inclosing He Majesty's Coiiiinission under the sign manud to that eilect. We have carefnily noted the several in-tructi(Uis coiilaincil in your Lordship's despatch umler reply, ar.d trust that, acting under these iiisiruclions. we shall successfully bring to a conclusion the matters intrusted to our charge. Wo mav add, that Mr. Ashley Fronde commenced his duties as Secretary to the Commission on the '.'oth June. We have, Ac. (Signed) tJKORGH I'.AbEN-POWELL. (JEORGE M. DAWSON. No. 107. The Hehring'i Sea Commissioners to the Marquis of Salisbury. —(Received Juiij 20.) .M Lord, Ottawa, Juhj 7, 1>^9L AS your Lordship has been already infornied by a telegram from Queenstown, dated tin 28th June, your Lordship's despatch of the ::7th June, stating that formal permission to visit the Pribylort' Islands will be handed to us by the United States' authorities, has been duly received. t j do AVo have niso to report that Air. Consul I'Vascr liaiuled lo us at New York, on tin; 6(h instant, n letter Irom the Treasury Deiiartnieni at Washiniiton. nt' wliich a r(i|.v j^ irelosod, lor your Lordshiji's iut'orination, etiipowerini;- us to visit the I'rihylolf Jsliiml i.ir the purposes of our mission. We have, &e. (Si-;neii) (iKoiaii: HADKN-IM 'WrELl. (!i:Oi{(;E AI. [)AU8t»iN. IncloHure in No. 107. Mr, ^pduliliiui to Mr. IVillidnis. Sir, Treasuni Dtpartmrni, \\ (ishiiujinn, Juno "lij. 1^1)1. THE -Itli .seetioii oi' the luoilus circiui' respeetitii;- the tur-^eal li.siieries m IJeiir: i:> Sen, conehuled on the l.'itli in^lant, proviiU's as follows: — "In order to faeilitate sucli pre^.er iiujiiiries as llcr Majesls .. (iowranu-iii m.iy desire to make with a ^il•^v to the i resentation ot' the ease of that (i<»vemnn'nl heiore Arhitrators. ami in exp'.c'aMoii ihi'.t an aureeinent for juhitration may !■«,• iirnved ai, it is uj^reed that suitahle perMii^ de>!ii;iattHl iiy IJren' iiritain wi'i lie permitted .it anx liiin', upon a]iplieation, to visit or io rem.. in iipcn liic -eal islands uurin:; ilie preMMit >cMlinir Bcason for that purpose." As it appears ifom a ronimunicaiion iated the L'.Srd instiuit, from the lloiiouialdp tlio Secretary of State, tlin! Sir (leorne !'>aiieii-l'owelI, M.l'.. ami l'rott's>or (irll^■^: Mercer Dawson have heei! ijiMii'ited (.'oinmissiiMier • on i)ehalf o! Her liiitaiu'.ic Maicstv to prf)eceil to tlie J'ril)-. Ii>'^ Islands for the pnrpo-e ot examining into tlic fiir-soal fisheries in L'ehrinK"s Si>a, and that the Ihiii .1 Miiiisln-at this erpital iias Djuuesl-d that the neoussary jioroMssion nay '10 granted to the ahove -named f^i.-ntlem-'n to vislt and lomain on tin; isln?!':s d.irin';. 'he eiUTenl lislun*;' aivscm, you '.n- diiected to aford Sir Cieorf^e leaden Powel'. M.l'. and I'rofessor ii<'u:_ MetTor Dawsoit every faeihty to enable them to .leeompl'^h t!.. aliji^.-' vi tl ir Bii^nnn. ittin, Sec. i"e>: -^diii »•' L HrAl.'EDl.Ni;. ArtuKi Src-ft'tn . Ji«. im. Cf!''>ni'il O/pCf tit' FoPBtffu tyfiite J iix-rirfii .lull: S.1.) Sir, DituiiiHj SInrl. Julit lia, i-m. I AM dir(.i't((l hy the Seerelarv oC^^tAtu- t'. r.jiU6-« <«neni'ir- Geiioral of (.'anada. tejorlin:^ the puiiiieaiiim 01 vio' .• it between Her Muiestv's CJoveinment a: d the (iovernment ol the Uiimii ^tntW" fwr* modus vivemli in EeLuioii to the lur-seal ti^^heries i-i IJehnii^'s Sea I uJlU CiV, (Si-ni.ni UOMERT (!, W. UKRI'.F.nT Ir.ii.jUif 1 ji No. 1'"" . L.irfi' .S/i'/i/' >' of I'n'stori lo L<,r,l ,V'ii. -"ril. (iiiriTvmiiit Hoifv, I I'r'uii. .hiiir '2*'<. ."!M JMy Lord, (inrfrniiivnt Hotsv, I I'r'un, .Iviir '2^''. ."!M I Il.\^'l■'. lie honour to ineiose lureuith a I'opy 0,' •■.; apprnvi-ii Miiiut>' v,f liie i'i:> Conneil, jiiithoriyiii;": the issue of a i'roelamafiun j;ivin;i: piihiiei.y to the A^rei it hct\\e(n Her Majesty's (lo.eiiimeiii and that ■>f the ' nited State'-, ot the IStii iiistiint lorn modui- civtndiui relation to the fur-seal fisheries in Hehring's Sea. I have, Kc. (Signed) STANLEY OF PKEBTON. n;is CO trrin- . tricnd tlii'ir n follow i party: m lie till In I'.'ir ■ of till • 1"" l!r| irin ■ii'i/ ed : ih- h ( aut lori ,|U11 ■<(li< pro )fs w\^ «7 Inclosuro 2 in No. lOS. Uiiiort of II Cnmrniftri- nf the Hnnoiini'uir llie-lhlnj Council for Cnnadd, apprnvod hi/ his Exrrllc.ncij the (Inirnior-Ci n'-riil in Ciiiinril, on the \\)lh June, 1891. 'I'HH Committee of tlic I'rivy Couiioil for Canada, on tlio rooomnieiidation of the Minister of Marino antl iMslicrics, advi-^o that .your I'^xci'llcncy do cauHC a Proclamation ii. jsmic ,i,MvinL,' imhlicity to the Ai;riH'mtMit lieiwecn tiie Impt-rial (lovcrnnient and iliat ot llu- rnid'd stal.'^ of tlic l.'.i'ii June instant for a moilus viiendi in n iation to the fur- si'ii (islierieN in ruliiinn's Sea. (Signed) JOHN J. McGEE, Chrk of the Privy Council. Inclosnre 3 in No. 108. Extract /row thf " Cnnnrhi Gnzelte" of June 20, 1S91. (L.S.) Proclamation. StAN'LKY of I'ltKSTON. iftorin, by (he Grace of (!od. of (lie Cnitcd Kingdom of Great Britain and Ireland Queen, [)efender of ilio Faitii. &e. To all to whom these jire^ents shall come, or wiioni the same m;iv in anv wise Mceiii, yreetin;;. .1 PrnchuHOtion. .IN"(i. S. 1). 'rilOMl'SDN. .innrnrii-drneriil. ( 'iniin/n. (Siirned) W III'; K I', AS an ALrret'inei't for a »k)(^/.v rirrnrii between oiir ' Joveriimeiil and (he (iii\eininent of the I'nited Stales in relation to the; tur-seal ti-lieries in Mohrinij's Sea «;;- I'ont'huled on (lie ir>t'i day of Jnn.-. in the year nf our LiU'l l-^'Jl, on the follow iu<^ 'I'lni^. that i^ to say : — 'n'l'rmint helirren the Cnvrrnninit of llfr Ihilftniiii' Miijfslii anil the Gonrninent of flir I'nited .'ituten for a Modus Vivendi in ril'lion In th" Fnr-senl Fisheries in llrhriiKi's Sea. '• For the ])uriiose of avoidini; irritatinu' dideren.'cs, and with a view to promote the Iriiiidly settlenjcnt of the i|ue-ilion.s jiendini; hetv.ven the two (Jovernment.s toueidng tlnir resjieetive riiriils in Uehrinic's Sia, and fcr the )in sorvation id' the seal sjieeies, the I'ollowin}! .Afireeniiiit i-< inadf «ilhoui iweiudiee to the rights ov claims of citiier parly : — "1. Her Majesty's Governmiul wid piohibii. untd May next, seai-kiliinu: in iliat ].ait of IJehrinjx''* ■^•^''i lyin;;' eastward (d' tiie line ot demarcation described in .Vrticle I 'f the Treaty of IStiT between the I'liiled S{a{os and iiiissia. and will proniptly use its licM etIort-> to insuri' 'he ob-ervance of this |iroliibi'iiin by linti^h Milijects and vessels. "I*. 'I"he liiileil States' Govermnent "ill [irohibit >eal-Killiu!;- tor the same period in the .same part of Hehring's Sen, and on the shores and islands thereof the property of tic rnitcd States (in excels of 7. •"'<"• (o i»c taken on the islamls for the stdisistence and '•arc of (he natives), antl will promptly use its he•^t ell'orts to iusuic the observance of till- prohibitum by I'nited States' citizens and \es>(d<. ' ."!. Every vessel or per.son oil'endim;- ai;ainst this prohibition in the said uatens of lU'hring's Sea, outnide of tlie (u'dinary territ(uial limits of the I'nited States, may lie s('i,:cd and deiaini'd by th naval or other duly comnnssioned officers of either of the lli_;li Contraciinii Parties, but they shall be handed over as soon as practicable to the authorities of the :.ation to which tbi-y respectively bclon;;', who shall alone have )uii-(lietion to try the otfence and ini[)o>e the penalties for the same. The witnesses and jirnofs ncceswuy to esiablisii the otl'enee shall also he sent with them. [572] K 2 08 1 f *' 4. In order to facilitate such proper in(|uiries as Her Majesty's Government hmv desire to make, "itli a view to tlie presentation ot" tlie Case >'+' tiiat Government liutore Arbitrators, and in expectation that an aj;reenient for arbitration may be arrived at, it is af.';ree(i tiiat suitable persons de-ijiiiated by (ireat Hiitain will lie permitted at any time upon aitplication, to visit or to remain upon the seal islands duriuij; tlie jircsent sealiii;: season for that purpo-e. " Sij:;ne(i ami sealed in (lui)Ii('ate at \\ .i>lii!iiiton, this ITitli day of Jiini>, IHiM. on behalf of tlu>ir respective Governments, by Sir .lulian Pauneefote, G.C'.M.G., K.( .1',., Her Britunnic Maje.'y's I'.nvoy I'Atraordinary and Minister I'lenipoteiitiary, ;ui(l William V. Wharton, Aetin^^ Secretary of State of the Inited States. (Signed) "Julian PAi,r;ciiFt)Ti;. (Seal.) " William F. WuAiixoy.'' (Seal.) Now knov. ye, that we iinvc by tills our Royal Proclamation caused the said Af^rcement to !h made public, to the etui that the .same and every part tlicreof may lie observed jind fulfilled with L;ood faith liy all ur h'vini; subjiu'ts and all otliers whom lliese preseiits may eoiiceiri are hereby rcipiirec to take notice, and t(> ;,'overn themselves accordin;;ly. In testimony wii^jreof ^\<• have caused these r F>otters to be made Patent, and the ("irent Sciil of Canada to be lierennto atfixed. Witness, our ri;;lit trusty and \\ell-l)L'i(iviMi the Kiiilit llMndiiialile Sir Fr.'derick Arthur Stanley, li.iron Stanley of Pi\>ion, in the I'ouiily of f/,inc;istiM. in tiie Peeia;:e of tlic rnitfd Kinfidom, Kniixht (iiand ('vn>y, of our .Most Honourable < )rdi-r of the Bath. (Jovevnor-CJenerai of Canada. .\t our (it.vermnent Houtjt', in our city ot Ottawa, this lytli day of June, in the year of our Lord ISii), and in tlu' fifty-fourth year of our rei^rn. Bv eouimand, (Signed) J. A. CHAPLHAU, Srrrrtani uf ieal-skms ai<' taken. .T. Whether taken at sea or on shore 4. Details of any known breedinji places. "). Whether, and if so what. Hi trulations arc in force on breeding grounds. C. I.,ist of vis-els fi'ted out in Japan for fur-seal fishery in tlds and pa.*. Any other infonuntion cowrt-ming Japanese .seal fmherie-s, especially documentary evidence. AVe would vcnturf lo .-ugge.-t to \our Lordship that tiie Japanese Goveriiimnt should lie rt(jwsted to .-end Midi information on '.he aiiovo points as they may be able to jiroi'ure din ct to us, care of the J'o^tmastcr, \'icioria. British Columbia. Wi- ha>«, &c. (Signed) «:K0H(JK BADK.N I'OWKM,. GKUKGE M. DAWSON. P.S.— I havi' vcntmeil to send a copy of tliis despatch, privately, to Mr, de lJuii>cu i Legation, Jiiuaiij to-day, in cidLr lo save vuiiiable time. G. B.P. ■WiTWV* J ■iwii».i«nwsnnf nijiyiiVilli "C 11 No, 110. air J, Pauncefntv lu the Marriuis of !^aliti!iunj. — (Received Julii 'J3.) My Lord, ^ ^ ^ ^ mi.shington, July 14, 18!Jl. IMMEDIATELY on tlie receipt of }Our Lonlsliip's telejrriun of tlio 13tli instant, rr~jK'Cting llie projiosod eonipensation cl'':;se in tiie Melirini,f's Sea Arbitration Ai,nce- iiu'iit, I addressed a note on the suLiject to tlie Acting Secretary of Stale, of which I have tlif hononr to inclose a copy. I have, &c. (Signed) JULIAxN PAUNCKFOTE. Incloaure m No. 110. Sir J. Pauncejote to Mr. Wharton. Sir, Washington, July 18, 1891. SINCE the receipt of your note of the 25tli ultimo, of which I transmitted a copy to llie Marijuis of Salisbury, 1 liave been in telegraphic communication with his Lordship rospcctinj;: tiie two clauses (i> and 7) whicli, by liucction of tiie President, you have projiosed for adoption in t!ie Helirinjj'H Sea Arljitration Convontion, and also respectini,' the form of agreement fur cirryim;- out the arrangement for tlie jijiin'inlment ol' a .loint Conimission to iiupiire into the cinditions (jf >ea! iite in Behring's Sea. I desire at present to confine myseif to tlie clau-e proposed in your note wiiich deals uith the (juestion of coiupensation, namely, clause 7. It is the oidy one \'liirli appears ;o me to raise ai\y serious tii!i;cnlty, and I trust tliat. after coiiNitlering the loll(,\siiig observations, and with a view to ex| editing the ceiu'lusion of this negotiation, the President will not object to the su])istently witii the recognized I)iinci])les of intennitional la.w. iiuL they arc of o])iiuon that it is inexpedient, in a case involving such important issues and presenting snch novel features, to jirejudiie, as it were, the (jne-tion of liability by declaring that comiiensation shall be awarded on a hyptdhetical state of facts, ller Majesty's (iovernnient consider that any legal liability arising out of the facts as proved and established at the arbitration should lie i.s much a i|iiestion for argument and deei-ion as the facts theiusidves ; and, in order that this should be made quite clear, and that both tJovermnents should be placed, in that respect, on the i-anie footing, I am authorized by l,ord Salisl)ury to submit the I'ollowing clause in "ulistitution for (he 7th (dause pioiios^d by the President : — "7. Either Oovcrnmenl may submit to the Arbitrators any claim for compensati(m wlii(di it may desiri to prefer against the other (iovernnient in respect of any losses iir injuries in relation to the fur-seal lisheiy in Behring's Sea, for which such otlier Government may be legally liable. "The Arbitratois shall decide on tiie legality of every such claim, and, if it shall be istnblislicd, they may award such compensation as in their judgment shall seem i.'i|iiitable." 1 have, SiC. (Signed) JILIAN PAUNCEFOTl No. 111. Sir J. Pauncpfoir to the Miinjitis of Siilishiiyy. — {liecviird .luh, 'Jo.) I ielcgraphic.) Wiishiinjliin. .Inlu -o. \ WITH reference to my despatch of the llth instant, on the subject id' the Be Sea comi)ensation elau.se, i have the honour to stale tliat after long discussions, onirse of which I liave insi.sted on the principle contended for in my above-mei dcspatcli, I have to-day received a note from the I'liited States' (Jovernmeut w 1" the following effect; — [Sec Inclosurc in Sir J. Pauncefole's despatch of the L'4th July, 18U1 : Inclosnre in No. I If', infrn.] St) I . h ring's in the itioned lich is Mif 70 No. 11:!. The Afarijititt of iSnIishnnj to Mr. I'rasrr. ^'IVleu'rajjlui*.) Furciijii Oj/ir,', July 24, l^Ul. Tlll'i t'ollowinj;' is uru;oiit : — Tlio Uritisli t'omiiiissiouers in Boliiiiin"s .'^c>a aro unxioiis to locoivc iiit'onniilidii on Ihu lollov. Ii':;' jioints : — fj>i>c ilcspatcli from Bolirinij's Si>a Coininissioncrs oi' tlu; !tlli July, 1891 ; No. in'.». I Von >li(iiil(l t'ov\\.ii(l any inlonnition you can oijtnin to ilic i?i'liiinil to th(> i'ai\' of tho Postmaster, Victoria, l»i-itisli Columbia, with «■< little delay as iiossihlc. >u-, to I he No. 114. Sir R. Morier to the Marquis of Salisbunj. — (Received July 27.) .My Lord, St. I'etersbunjh, July 22, ISyi. I 11. Wl^ (his d.\v received your Lordship's despatch of the 17th instant, in rofeieaoo to the l'ur--eal (|Uesiion and the IVlirinir's Sea, and have addressed to it i!e (iiers the •mte of uhieli I liave the hor.our to inelose a copy herewith. I have, iScc. (Si-ncd) R. n. I). MOKIKli. ^ir, Inelosure in No. 1 11. .^ir R. MdrSi'i' to M. dc Gicrs. M. ie .Ministre, St. Pi-ti'mhuryh, July 10 (22), 1891. I ILWH not failed to tiansmit to ITor ifajesty's Princi]nil Secretary of State for Foreiuii Allaire tlu' note wliieii your Ivvcelleney did mo the honour to a^ldress to me on the Mill (2t)th June last, with reference to tlie I5ehrin,u;'s Sea Ai^^reement coneiu led hetweeii Her Maji^sty's (lo\ ernment and that of tiie I'nited States. With refeii'uce to tlie eondilinns on which your ivxccUency states that IJussia would he wiiliuL'' to hecome a party to tiiis Agreement, 1 am instructed to inform yow that, iiithonirh Her Maje-ty'- (io\ern;nent would he very wiliin:; to enter into an arranireineiit with lvn~-ia and the Uinted State- lo proliihit sealing-, i deniarcaiion mentioned in the Agreement, they understand that the Uniteil Sfite^' li ivernment are unahle to do so without IVlsIi lej^islation, which is not pos-ihlo at thi< moment, as ('on;;;ress is not in session. .\ny .\!,n'eeinent of I'is Mature for t!ie present season could, then'fore, only lie maijr i>_\ Itu^^ia and l",nLiland alone, and it would have tin' elfinM of Icivini; the western |)orli)nof r''liri'it','s Set open to United .'^^tates' eitizeus w Idle closini;' it to iiritisli and Russian >uhjotts. For this -ea^ini Her .Majesty'- (Jovernment do not think that sucii an ariani^i'mei.t would he di'-ir.ihle, ami they helieve that your l'].\cellency, on consideration, will eomiir in then- view. I avail, Ike. (Sifrned) R. H. I). MORILH. Mv Lor 11 l.nnM II. veri ;uitliori liivilS- thr pri tia dec T Stiitt i;>li,'ry ti'Mial pri H'lit lur tiM ininrv li.'. ,;,' llli', v.| 1 a MreN 71 No. 115. Thr MiiKjui,^ of Sdtinburi/ to Sir J, I'lnmcefolc. Sir. Forr!,j,i OJjirc, Julii 27, 1891. I IIAVI'^ r(M"oivo(l yciiir (Icspnlcli oi' tlic Mill instant, inclo.sini!; copy of your note to the United Suites' (ioviMinniMit respect in;;' tiie compensation clause to bo insertoil in tiic i)roi)().-eil Agreement I'or ailiitration on tiie 15elirin.t;;'s Sea (luestion. The terms of your note arc approved by Her Majesty's Government. I am, &c. (Signed) SALISBURY. iNo. no Mr. Hovurd to the M(ir(iins of Sulislniri/. — {Rrci-ived July 29.) (Telcjrrapbic ) St. l^rlcrslwnjh. Juhj i.'0. 1801. WITH relerence to Sir Roijort .Morier's telci^ram ot the ITtii instant respecting the visit of the British Commission to the Unssian seMJ-fislieries, \ liave the lionour to state tliat I have received a note iVom the Russian Ooveriuuent f. ivinn- tliem tlie necessary permission am) stating that in-tructinus iiail i)eeu sent to the tlovcrnor- (ienenil of the Ainoor Province lo facilitate the object of their mission. No. 1 17. The Marquis of Salisbury to Mr, Howaid. Sir, Foreiyn l)J/icr, July ',]], 1S()1. I IIAA'E received your telegram of llie 20th instant, reporting that the Rii.isian Government have authorized the British ("omniissiouers in IJehring's Sea to visit the Russian seal fisheries, and tliat the (lovernor-deneral at .Amoor has been refpiested to iilford them every facility. I have to re(|uest you to convey to tlie iUissian (jlovernment the llianks of Her .Majesty's Government for tlieir action in this matter. I am, &c. (Signed) SALISnURY. No. 118. Sir J. PauiH'ffote Id the Mnrijuis oj .SVi/fW-i/n/. — {Received Augus' 3.) My Lord, Washiiujton, Juhi 21, l^^Ol. IN my dcspatcii of the 14th instant I iiad the honour to transmit to your hord^hip a copy of the note of tiie l;5tii wliich I addressed to the Cnited States' (iivernmont, sidmiitting tlie new clause ir. the Arbitration .\greement winch I hud been luitiiori/'.ed by your Lordshi|) to propose on the subiect of damages. I have had several (iiM'iis>ions at the State Department, in the course ..i which I iiave strongly eontendetl tor the principle that the validity hing their ciaim to an exclusive right af tiOnry on tiie lii-ii seas, except under a new rule of internati«)n;tl law "U excep- li'inal circumstances, and which tlie ArbilratMirs may lay d.»»vTii as iij ■■ t<> the |)r. -ent case. If so, it would s«!ero ji*-.jM4tai»iie liaiat Great Hriiuin slioiild \m^ lianuiges lor the infraction of an ix ;h»v* furH r-ul- ^f kw. Moreover a claim of .■•s tor iniury caused to the property tM' tli^ »'•*■-"■■! States in the sea. islands aUr . Ii.n-e beiii caused by pflagic sealiins: m;iA : ■ objection on the -rcniiui ot itij i!.;iaoL. ifhn aiiit i.f till.' impraetiealiility of li.Mtooj; .».,, . nect nieusure of compensation. 1 Imvo felt mueii anxiety lest «*»• j'reHitiMa should persist in the emkavour to oUni>' n previous admission ol liability i>f> the part of Her Majesty's Government m a eas^ I I' involvin;; (as I stated in my nofi- to tlu- I'nitod States' Government) such impoitiirit issul■^ aiied hy the i'resident will he acceptahle to Ilcr Majesty's Govern- ment, and will jiractically hrinij this long negotiation to a satisfactory termination. I have, Ike. (Signed) .lULlAN PAUNCBFOTK. Inciosure in No. 118. .\fr. Wltnrlon to Sir J. Pniincpfot». Sir, fVashingfon, July 2^, 1801 Till] IVcsident directs me to say, in response to your note of the 13th instant, that he noticed with pleasure the good projrress towards a full agreement upon the terms of arhitralioii indicated hy your statement that oidy the 7th clause, as proposed liy this (low ton 'Ut, ap])ears to you "tip rai-e any serious ditheulty." 'Ihat I'i-,' wn- thus stated in my note of the L*.">th .lime: — • it shall he competent to the Arhitrators to award su^h compensation as, in tlicir judgment, shall seem eipiitahle. to the subjects or citrzens i»f fireat Mritain whose vessels may ha ' been seized by the United States in the liehring's Sea, if such seizures shall he found by the Arbitrator- to have been iinwarranlcil ; and it shall also be coni])eteiit to the Arbitrators to award to the I'nited States such compensation as, in their jud;;- menl, -ball seem etpiitiible I'or any injuries resuitinir to the United States, or to ihc lessres from that Cuvermnent of the privilege of taking seals on the Frihylolf l-laiuis, hy rrason nl the killing o|' seals in the H<>hrini;'s Sea by persons actiiiir under liic protection »\' the British flag, (Uit-ide of the ordiiuiry territorial liniit.s, and since tlw Iht day of .laniiary. 1880, if such killing shall be found to have been an infracti'Hi "t the riL^hts (d the United States." The objection you make to this daii-e is thus stated by you : — " lli'r Maje-ty's (iovernment have no desire to exclude from the consiiieration ot the Arbitrators ;ny cl;iim of compensation in relation to the Beliring's Sea tishcrn s which tlie United States' (iovernment inay consider themselves entitled to prelcr consistently with the reco^^nized principles of internatinnal law; hut they arc of opini'in that it is inexpedient, in a ea-e involving such important issues, ai. , pre^^nting sti'li novel features, to prejudge, as it were, the (juestion of liability hy declaring that cnmpen^alioii shall he avMiided on a hypothetical stale of facts. Her Majesty's (Joveni- meiit con.-ider that any h gal liability arising out of the facts as proved and establisluii at the arhitralii'ii should be as much a (pieslion for argument and decision as the la'!- them-elves, :iiid in order Ihat this should be made (piile clear, and that both (ioveii- nn n'- ~1,o)iid be placed in that respci-t on the same footing," Sec. Tiie I'resident was not prepared to anticipate this objection, in view of the li't thai Lord Sali-hur\. in his not" of tl)e 'Jlsl Fibruary last, had asked a s])ecific suhmi-- siuii til ihe .Arbiir.itois of the British claim for seizi res made in the Ik-hring's Sea. Hi^ Innguage, which was quoted in my not • of the 'Joth June, wa.s as follow.s : — , Kip,||i|,V!iiu,..i »«)i«)ii^iii.i„» fTTW 73 "There is one omission in these (luestions which I have no douht the Government. of the PrcHidcnt will ho very j^lad U> repair, aiul that is the reference to the Arhitrator of the question, What (lnniaj,'es arc due to the jR-rsons who have hecn injured, in case it pliail he determined hy him that the acti.on of the United States in seizing British vessels has heen without wariam in international law?" This could only he umlrrslood as a siif;LCcrilish vessels were found to have visited that sea, and to have killed seals thcreiii in violation of the rio^hls of the United States and to the injurv of its properly interest, the Arliitrators wcie authorized to i;ive compensation. One is not more suhject to the oljjection that it presents a hypothetical state of facts than the otlicr, and hoth suhniit the question of the lawfulnes>; or iinlaw fulness of tin; acts complained of. The President l)elievcs that Her Majesty's Government may justly he held rcsponsihle under the attendant circumstances for injuries done to the jurisdictional or property rights ^)i' the United States hy the sealing-vessels Hying the British Hag, at least since the date when the right of these vessels to invade the Behring's Sea antl to pursue therein the husiness of pelagic sealing was made the suhject of diplomatic intervention hy Lord Salislmry. In his opinion, justice requires that Iler .Majesty's (lovernnient should respond for the injuries done hy those vessels, if their acts are found to have heen wrongtid, as fully as if each had home a commission from that Government to do the ads complained of. The presence of the master, or even of a third person, under circumstances calculated and intended to give encouragement, creates a liahility for tresjias.s at the common law, and much more if liis jjresence is accompanied with declarations of right, protests against the defence which the owner is endeavouring to make, and a declared purpose to aid the tresj)ussers if they are resisted. The justice of this rule is so apparent that it is not seen how in the less technical Tribunal of an uiternational arhitration it could he held to he ina])plicahle. The United States might well insist that Her .Majesty's Government should admit rc>ponsihility for the acts of the Canadian sealers which it has so ilirectly encouraged .iiui promoted, precisely as in the proposal tiie United States admits responsibility for the acts of ita reveime vessels. But w ith a view to remove what seems t > he the last point of dilference in a discus.-ion wiiich has heen very much protracted, the President is willing to modify his proposal, and directs me to offer the following: — " The Government of (ireat Britain having presented the claims of its subjects for compensation for the seizure of their vessels hy the United States in Behring's Sea, and the Govcrnnicnt of the Uniteil States having jucseuted on its own behalf, as well as of tiie lessees of the privilege of taking seals on the Bribylotf Islands, claims for oiMiipensation hy reason of the killing of seals in the Behring's Sea by persons acting under the protection of the liritish flag, the Arbitrators shall consider and decide apon .-uch claims in accordance with justice and e(|uity and the respective rights of the High Contracting i'arties, and it shall be competent for the Arbitrators to award such compensation as in their juilgment shall seem etputable." The President tliinlis that a particular statement of the claims of the respective Governments is more likely to lead to a satisfactory result than the general reference proposed liy you. It i> believed that the form oi reference now proposed hy him removes llie olijeciions urged by you to his former proiiosal. I have, &c. (Signed] W. F. WHARTON, Acting Secretary. [672] ^ ^ U t 74 No. 119. Mr. Howard to the Marquis of Salisbttry. — (Received August 3.) My 1-01(1. St. Petnshunjh, Juhj 2!), 1^01. MTPH rclVronce to my toloirram o!" tliis dny's dnti'. \ linvc tiii> honour to tninsitii; hcrc"it!i to vour lionlshi]t a copy ot' a note of llio Ititii 'L'Slli* instant t'roni M. dc (iicrs to 8ir h'ohort Morior. ai-(]iiaintin.ir Her Mnjosty's Anil)a>sa(lor that Sir (Ii-or^c Uadcn- Powcli and Professor Dawson arc authorized to visit the Wnssiaii fisheries in fiie Hehriii Sea. and siatiiiLr that Haron i\orir. (tovenior-(!eneral of tiie Anioor Province, has been informed ot tlii> laet, and lias i)een reciuested to facilitate, as mucii as possiljlo, the oi)jt.'Ct of the niLssion of the above-named Commissioners. I liave. &c. (Signed) HENRY HOWARD. }'{ I iir- iic Inclosi'.re in Xo. 110. M, de Giers to Sir R. Morier. M. rAmiiassadeur, Siiint-Pr'lcrsbnunj, Ir jti fJS) Juillet. IM'Jl ICN reiumse it la note de v, ' I'lxeellence en date du 27 -Inin (!• .luilleti, m'empresse de rinfornier qtie Sir (JeorLTC I'owell e( le Profosseiir Hawsen sont autori ii visiter iios ))e( lieiie-^ d'utaries dans la Mer de Helirins:. Je n'ai ])as ni!>n(|n;' de porter cefte autoiisation h la coniiaissaiice du (Jouverne General de la Province dc I'.Vmour. Baron Korli. en reiigageant ;'i facilitcr, antaut ( possible. ;uix snvants susmentionne-, raccomplisscment de leur taehe. Veniilez, &c. (Signe) UIERS. (Translation.) M. FAmbassadenr. St. Petershnrgh. Jnhi IG (28), W^\. IX reply to your l''xcellency's note of the 27th .hino f!*th Julv). I liasien to inform yon that Sir (J. Powell and Professor I'awson have been authorized to visit our seal ij.-hcrics in Behrinc's Sea. I have not failed to inform Baron KorfF. the riovernor-fieneral of the Province of the -\nioor, of this authoiization. and to recpie-t 'd!;; to assist the above-mentioned gentlemen as far as possible in the accomplishment of their task. I avail, &r. (Signed) (JIKHS. No. 120. Colonic} OJHcc tn Forrion Office. — (Rrceivcd August .'?.) Sir, Downing S'rrrt, Aiighst 1, l^i)l. \Vmi refeienec to your letter of the fltli ]\Tay last, forwarding copies of a com- muiiicafion iKmi Mr. C. Hawkins respecting the seal fishery in the Xortii Pacific. I am directed hy Lord Kmitsford to transmit to you, for the information of the Mari|uis of Sali.-biiry. copy of a dispatch f'n^ni the trovi'riior-fJeneral of ('ai\ada. inclosing copy of >i iMimile of the Privy Council on tiie suhjeet if .Mr. Hawkins' statements. 1 am, &c. (Signed) JOHN BUA.MSTON. Inclosure 1 in iSo. 120. Lord Slanleii of Preslun to Lord Knutsford. My Lord, Cmcnpedia River, New Richr:.r,nd, P.Q., Julu o, lt591. WITH reference to your Lordship's despatch of the 20th May last, transmitting a copy of a letter from Mr. Hawkins on the subject of the seal fishery in Beliring's Sea, I have the honour lo forward herewith a copy of an approved Minute of the Privy 7[> Council, embodying a lieport of tlie Miuistcr of Marine and Fishuiics dealing with lljc iiuestion. , 1 have, &c. (6i}.ned) STANLEY 01-' PJlli.STONf. Inclosiiro 2 in No. 120. Ixeport of a Committee nf the llnnonrablr the Prini Cminril, approved by liis Excellency the (lOvrrnni-Grnern/ in Council on the 'llth June, ISiM. THl'^ rnniniittoo of {\\o Privv Council imve had under oonsidcration certain papers from the Cnjonial Otlii'.' cm tiic sulijcct of tlie seal ti-s", we luive received in tiiis country fl''ni,'-land) hiri^e niimhcrs of seal-skins, known in the trade as tiie nortli-west coast skins, the same having been taken in the o])en sea, ami. from a])|irnrances tiial are nnniis- t.nkahle to tin- initiated, are e\chi-iv(>!y the skins of femali' seals preunanf ; these are all shot, and 1 have heen informed that tor every skin recovered five or six are lust throu^^h sinkin;^ when struck hy Hie shot '' The Minister further ol)serves. in vie.v of the mniierons rcjiorts in which oviiienee of ])ractieal hunters and of other well-(iualitlei! Mntiiorities was .-ul)mitted, refutiiii;' state- ments similar to the assertion made in the letter nnd; r review touching- the pereentai;e of seals struck and secured hy the sealers, it would seem that no necessity exists for a reiteration of tlie evidence emhodied in the Minute of Council approved hy your Excellency on the 4th November, 1889. The .Minister, re/^ardin-^- the statement contained in Mr, Hawkins" comniunication as to what he terms the " norlli-we-t eoa-t skins." wmild ad\ert to the contention of the Canadian Government to the efi'eet that real daniyer to seal life is to he found in the oi)erations njion tlu< hanliie.; ur'^niids and rookeries incrc.-ased by the catch of seals when .slowly movinj;' aloiiu or sojournini,^ on the uortii-west coast of America, the females hein;;; then muiuestiiinably in jnip, before the ultimate swift and direct journey to the rookeries hr.s heunii. The.-e seals are tiie first taken by the sealin,:; licet on their way to the Jk'hring's Sea, and are distinguished by the sealers as the "coast catch," and hy Mr. Hawkins as the " north-west coast .-kins." The Minister >ubiiiits that the testimony jiniduced by .Mr. Hawkins in thi.s con. nection is (piite in accord with the information hitherto obtained, and is most valuable in support of the contention of Canada. It has been previously pointed out that although great stress had been jdaced by the United States" Government on the alleged nccessily for prohibiting pehmic sealing in the Rehriuu's Sea. \v\ no attempt had ever Iieen made hy that (iovernment i'or an arrangement to curtail similar operations along the coast previous to the entry of seals into that sea. In an attempt to vindicate the methods of the lessees of the seal islands, Mr. Hawkins jirocecds : "We. on the other hand, durinu; my experience have had annually large numbers oi' seal-skins from Alaska, and also frfmr il.e Copper i.-lands, which are killed by being clubbed on land, and are selected with judgment, being the the skins of young male seals: the older fighting or iireeding males are spared." This is another presentation ol' the ca.-c of the I'niled States' Coven. menl for the nrohibjiing of every other character of sealing but that aiiopteU by tiie lessees, so ircfjuently combated by your Ivvcellency's advisers. \Vhile ihe .Minister o! Marine and I'inneries does not deem it neces.sary to liwell at any length upon the point, lie WDuld, in passing, invite attention to the I'aet that notwithstanding this statement, the United States' Trea-uiy a:;eiits now a-sert the contrary, and the Covornn.enl of the United ;tales appear to be acting on the Reports of their A^enis. 'i'iie Minister further (ibserve- that a Minute of (.'ouneil daied the ith June, 1801, dealt at considerable length with this Mibject, and it included the Annual Keport ^1800) of Special Agent C. .). Uotf, in which an alarming stale of atlairs at the rookeries wag revealed, due. it was stated, to the indisciiminate slaughter of seals and im]u"ovident operations of the le.s.secs. In the oiiiiiion of the Agent and his assistants it had become neces.sary to enforce a total prohibition of the killing of scds for an indefinite period. The Minister submits that whaLcver s gnilicance .Mr. Hawkins' statement may have upon the abstract (jiieslion ot the ))roteetiou of seal life in the raeilic waters, it can have iMit iiltle. if iiijy, on tlie controversy between Great Britain and the United State«, aa [572] L -1 76 the evil complnincd of, even if as prcat as alloijod, occurs outside the disputed area, ,ir ho iiiiusoit" iiiiplios ill liis ri'tort'iice to llic " iiinlli-wi'st coast skins." Till' ("oiiiiiiitloe, on llio rcconiinondiilion of the MinisliT of Murine* and Fisheries, advise lliat vonr Kxcollency l)o luovrd to forward a cojiy of tiiis Miiuito to i\\v Ui^'lit Honounihli- liu- rrimipal Secretary of State for the Colonies, for tiie information of Her Majesty's (iovernment. All uliich is respectfully suhmittcd for your Kxccllenev's approval. (Signed "JOHN .1. McC.KE, Clerk, Privu Counril. No. 121. I i ■ 1 The Beliriiuj'.t Sea Coinmin.'^ifiners to the Marijuin of Sitliitbuiii. — {Receited Auyust 3.) Sieam-ship " Danube,'' at Vicloiiti, British Coluiuhid. My Lord. Jiili/ 10, IsUl. WFi have the honouv to report that we met at Ottawn on the (ith instant, and on llie same eveninir consulted with tiie Premier of Cnnaila. Mr. .\hhott, and the Minister of Marine. Mr. Tupi er, on the suhject of our mission. The (iovernor-(!ir.e!al was ahsent I'rom Ottawa, but kiiully placed Government Hou>c at our disposal. We sjient the Tlh, ?th, and Oth July in Ottawa in consultatDn with Ministers ami in collectinji; information and evidence. On the eveniuir of the iUh in>tant we left Ottawa hy train direct for Vancouver, where we arrived on the loth in>taut, and found the chartered steam-ship " Danube " awaitin,:; us at the wharf according.; to our instructions. Admiral llotham, C.B., had crossed from l>(piimalt to meet us, and informed ua as to the very comph te arrangements he had made for Her Majesty's ships in IJehrinij's Sea to assist us in every way. Shortly after our arrival a deputatii ii, h(>aded by Mr. 0])penheimcr, Mayor of \'ancouver, waited upon us on behalf of llic .sealinir-vessel owners in the city, with whom we had a most satisfactory conference. AVe left Vancouver at (5 r.Nr..aiid ai rived at Victoria this day at 1 a.m. At 10 .\..m. wc received, as by previnns arranuemcnl, an important deputation ol' the I'.oard of Trade and Sealer.s" Association, who ijavc us mi st valuahh; information, aiul wiUinuly promisc'i to jirocure more on certain points pending; our return. We liave also oonsulled other authoiitie-i in Victoria, and completid the C(piij)nient of the " Danube." We leave the port this evening liouud for the I'ribylotf Islands. We have, iS;c. (Signed) CEOROK BADEN-POWELL. GEOIUJE M. DAWSON. No. 122. The ^farquis of Salisburij to Sir J. Pauncefole. (Tcleirraphic.) Forei(jn Office, August 12, 1891. I HAVE received your despatch of the 2tth ultimo. The niodilication of the Ttli Article of the Arbitration A;,'rccment proposed by the President of the United States, and communirntcd in Mr. Wharton's note to you of the 23rd ultimo, contains the followinir words: — "The Oovernment of the rniied St.iles liavinu; presented on its own behalf, as well .IS of the lessees of the jirivilciie of taking' seals on the I'ribylolF Islands, claims for compensation by reason of the killing of seals in Behring's Sea hy persons acting under the i)rotection of the British flag, the Arbitrators shall consider and decide upon such claims " These words involve the doctrine that Her Majesty's Government arc liable to make good lo'ses resulting trom the wrongful action of persons sailing outside their jurisdiction under the British Hag. It would he impossible for Her Majesty's {government to accept such a doctrine even at the hands of an Arbitrator. Nor can they admit that, by having asserted rnrn^ 77 (iiplomnfipnlly ilic rifrlit of any persons to do tlml which nn Arhifrator auhscquontlv Jei'i(l("< sucli ]>(T, 1^91. HA VH ascertained that this year's take of seals is already considerably in e.xcess of I.uOO. On the assunqition that the limitation of catch bci^nns only from the date of the siliiiitiire of tlie modus virmdi, the United Slates' Agent continues to kill the seals. I am posting despatch on this subject. No. 124. Sir J. Pauncefote to the Marquis of Salisbury. — {Received August 23.) Telegraphic.) Newport, August 23, 1891. WITH reference to your Lordship's telegram of yesterday respecting the clause in the Dehring's Sea Agreement on the question of damages, I have the honour to inform your Lordsliip that I am writing an unotlicial letter, marked Private, to the Acting Secretary of State, based on the telegram above mentioned. No. 125. The Marquis of Salisbury to Sir J. Pauncefote, (Teloirrajihic.) Foreign Ojlice, August 20, 1891. 1 IIAVK to recpiest you to communicate to the United States' (Jovernment Sir G i;. i'owelTs telegram of t.ic iitii instant, repeated in my preceding telegram, stating lliat the United States' Agent at Seal Island continues to kill seals, although the number already killed this year is materially in excess of the limitation agreed upon by the mdus lirtnili of the l.'jth dune last. You should state that Her Majesty's Government are convinced that the President «;ii Hot permit any departure from the line spirit of the Agreement, and will take such BieaMiires to insure its strict observance as may seem to him to be requisite. 1 X. .%. IMAGE EVALUATION TEST TARGET (MT-3) /. s- .^ y. :/. 1.0 I.I 2.5 6" 1.8 l!JI IIIIIJA !!lll.6 V] <^ /2 "c-l c^^l O ^l ^*? O / /(^ Photographic Sciences Corporation ,\ K^^- :i? \\ 23 WE«T MA'N STRf«T WEBSTER, Nt. .4580 (716) 872-4503 % V <> \ "^^ ri; 4^ K >>' m?. .inl)oilyiiiir tin- sitljstancc of instructions issued to tlic British cruizcrs in J5i'hrinu;'s Sea iu ])ursuanei> of tlie modus rlii'iKli, and suiri;(>stiiiL;' that an At,'n'('MU'nt sliould be eonie to lietween tli" (iovernnient>i of iireal Mritain ami the United States for mutual indomuitics in respect of acts committed by tiie enii/iT.s of one nation asjainst tlie vessels of tlu other in execution of tliat motlus rircnili. As r inlonneil your Lonlsliip in my despateli of tlie '27tli .liinc. 1 itcimvimI a com- mnnieation iVoia ilie Aetiiu; .Secretary of .State in reply, actpiaintinL,' me that the ahovc; Mcmoraiuluni had hcv'n immediately tninsinitled to the United Slates' Navy Depart- ment, for their information. No ans\v(!r, Iio\vev(M', heini,' received to the proi)osal conlained in the latter portion of the r^lemorandum, I addressed a note on the ^th iii-'iaiit l.» Mr. Wh.arlon. copy of wiiieh I have the honour to inclose, reqnestini.; to be iniornied. at liis earliest con- veniem.'e, of the views of the United States" (iovcrnment \vi;h n'sjiect to th<' siinirostcd Airreemcnt, and I have now received a uole from him, in leply, of which I have also the honour to inclose a coi)y. J h;i\t\ v\;e. (Signed i .11 LI A N rAUNCEFOTE . Tnclosure 1 in No. 120. •S/r ,/. Pdunrrfole tn Mr. Whartun. Sir, Sfwport, August ^, 1S!)1. ON the 2.'?rd .Tune last I had the honour to place iu your bauds a AromoruKliim, embodyiu'jr the sulistaiie(> of the instructions issued to Ikitisli cruizers in HehriiiLr's Sea in ])ui'suance of the n.udus rivmdi sii^ned o:i the L'ltli of that montli. The .M(>morand'nn also contained a jiiitposal lor an .\!::reement bet wt!en the (iovcni- meiits cf (ireat I itain and of the Unit.vl States for mutual indemnities in respect of acts committed by the cruizers of one nation aii:ainst the vessels of the other in exeeulion of the hkkIik rirnuli. To that niMoosal I hav(> not as yet b(>eii favoured with a replv, and 1 should be extn'inelv obiii^-ed it' vuii would be <;ooil enoiiii-h to iiiforiu inr, at your earliest convenience, of the vie\\.> of yonr tj()\enuneiit with I'cspeet to tin' su;ji,'estcd .Vi^reenient . i have, Sec. (^SJL'uedj .n.LlAX I'AUNCEFOTl.. Inclosure 2 in No. 12(5. Mr. Wiuirton to Sir .1. I'lmncefote. 180L iii-iant. Sir, Driiiirliiirnt of Slut':, (r./.v/f/wi^/on, AikjusI 17. I ITAVE the honour to aekuowledLre tiie receipt of your note of (he 'inl in which you refi'r ti :i Meiuorandinn of the 2;!rd .Iiinc. left with me the 2Hii .hiiio, in whieii you submitted a proposal for an ALrn-emeuv iietvvccui the ( iovernnn'nt'^ of (ire.'it I'lritain and the United Stales for mutual indemnitie-; [n ii's|)('ct of act •• coin- initleil by the cruizers of one natijii ai^aiiis! the ve.vscls of the other in exKCiition of the iiiodu.i vivfiidi. The i're>i(h'ut desires me to say, iti reply, thai ii seen-, to him to lie onilc unnatural that tin; two (Jovernmeiits, haviiiij; come to a friendly uud"i'standin;; a-- i i a modus rivmdi, and the method of its enforcement, should anticipate or attcnip; '' 1)rovide .'.'.^'ainst possible breach"- oi- viol;itions of duly l>y the vessels of eitlu'r e oun.v. I will be time enout^h, in tin President's opinion, Avlirii • ithin" (loverumiaii loa- s against the other a complaint iu this n'i,'ard, to eonsidcr ;he (]Ucstion of indemnity. The I'resiuenr desires me to state that h(( hopes that no such (juestiou may arise, l)iit that he will be prepared to meet it in a frieudl.x spirit, if, unfortunately, ditierein'os should develop. I have, t&c. rs'nicd) w. "wii.MrroN. 79 No. 127. Sir J. Pauncefote to the Marquis of S'disbury. — {Received Septeviber 7.) My Lord.^ Xewpnrt, August 23, 1891. WITH reference to your Lonlsliip"-; telearam of tlie 2'2ii(l instant, I have tlie honour to iiu'lose eo|)v of tlie ])!iv;itf jiiid uiiuilciiil Irtttr uhicli I liave a(hlrc'ss('(l to tlie Actin" Seciftiiry of iState. relating to the compensation clause in the Behring's Sea Arbitration Agreement. 1 have. &c. (Signed) JULIAN PAUNCEFOTE. Inclosure in No. 127. Sir J. Pauncefote to Mr. Wharton. (Private and Unofficial.) Dear Mr. Whi.rton. Newport, August 26, 1891. IN my reply to your official note of I In- 22nd instant I stated that I lioped to be able to send an answer to your note of the 2;ird ultimo in a few days. Hefore doing so, however, I am anxious to explain to you privately and unofficially, as 1 would do verbally were I in Washington, the objection which my tinvernment entertain to the latest I'orin of clause rrlatitig to compensation, which has been proposed by tlie President for adoption as Article 7 in the ikdiring's Sea Arbitration Agreement. Siirli a i)rivate and nnollicial exchange of \ic\\.s at tliis point of the negotiations m.ay abridge the oilicial currcspondence, and fac'lit ite a solution of the present dillicuUy, on the hasis of a sii-xgest'in «liicli you made when we di-cussed the (juestion informally at Washington, ^ly (Jovernment are unable to acce[)t the form of clause proposed by the President, because it appears to them, taken in connection with your note of the 2'ird ultimo, to imply an admission on their jjart of a doctrine res|)ecting the liability of fiovernments for the acts of their nat onals or other [lersons sailing under their ilag on the high seas, which is not warranted by international la^v. and to which they cannot subscribe. 1 need hardly say that the discussion of such a point (which after all may never arise) must jjrolimg the negotiation itiileliiiiteiy. .Moreover, it seems premature to enter into such a discussion before the other (|ue>ti(>ns to be submitted to the Arbitrators have been determined, and all the facts on whicli anv lial)ility can arise have been ascertained. Your suggestion, to which I have referred, was to leave out altogetlier the (juestion of ilamages from the Arbitration Agreement, and ycni may remember that, at the time, I (liii not encourage the idea, not a[»;>ri'l:endiiig that the clause would give rise to such protracted discHission, and bi.'ing. moreover, anxious that the settlement to be arrived at pIkuiIiI embrace and finally dis))ose of every point it. 'jontroversy. There is a middle course, however, which ajipears to me to commend itself, from every ])oint of view, as a practical and loiric.il solution of the present diliiculty. It is to omit the 7th clause as to compeusati(Hi. and to insert, in its place, a clause referring to the Arbitrntori any (piestion of fact which either (Jovernment may put to them with reference to the claims tor compensaiion it believes itself to possess. The application of the facts to international law might be a nuitter ten- negotiation after they are determined, and, if the two (Jovern!n(>nts airree, minht bo referred, in whole or in part, to the Arbitrators. The clause miuiit he worded as follows : — "Clause 7. IMthcrof the two Oovernments may submit to the Arbitrators any question of fact which it may wi>h to put liefl;uuls he was advised l)y telejirapli to inferiiret his instiucliops in aecordancc vijili the United States' I'loclaniaUon. He arrived at tiie Pril)yh)ff Islands on tlie i(itii June, but the said Proclamation did not read; the islands until the L'nd July. In the meautinie. we find tliat «hen the quota of 7,.")00 seals had been killed (by the idtli .luiRM, all killing: for tiie Company was stopped. Tlie Treasury Ajrent explained to us that he had much difhculty in interpreting tlie Pr ii'lamation "hen it arrived, as In- received no supplementary instructions with it. Aticr lull consideration lie decided to permiL killinjjj " for food " to continue apparently (111 the assuiniition that the limit of catch to 7,500 was to commence from the date of si;.Miiii;j' the iiiotliis livrndi, that is on the 15th June. We have i)een informed that already 1,400 seals have been killed in excess of the aliine number as '"food seals," and that on the same assumption it is contemplated that pcriiaps L'.OOU more will bo killed this season. The as:;ent has jrivcn orders that no killinj;: shall take place durinn; the comin.00(), the 7.5U0 contemplated miller the viodii.i riieiuli. We i; ay nlwerve that tlic market value of 7,500 skins would probalily ronch a total nt' ."ii'.O' 0/. Tlie Lessee Co:n]):iny are liound to provide dweliiu'j-s. cliurcii. school ace'o:iiii!odatio!\, and 10 ' tons of co:il for the natives, ami to supjiort the wiiiows and iirpliiins and the aged and indrm, but tl'.ey are imder no legal obligation to fiu'iiish food i'lir liie inhabitants gencrallv. We learned, however, that they have made every ])iepara- tiuii to iinividi' the necessary food, and that the whole expenditure on all counts until ii'.'xt spring woidd not exceed 5,000/. We examined the stores on the two islands and found ample supplies for all demands of the coming winter. Whether the ultimate charge of feeding the natives will tall on ilie (loverimicnt of the I'nited States or on the Lessee Company, it is equally certain that in addition to the tUsh of 7,r)()0 seals, the value of their skins will far more than repay any expenditure incurred in default of the wages earned when the full quota of seals is killed. We feel it to be our duty, in view of the submi.ssion of the whole question to arbitration, to take the speediest means of drawing your Lordsuip's attention to the manner in which we have found that clause 2 of the modus vivendi is being dealt witii on the l'rib\lofl' Islands, in order that, if necessary, the promptest steps may be taken to draw the attention of the authorities at Washington to the matter. We may add that as our means nf cnminunication are very uncertain, we have inclosed a copy of the telegram, as (juoled above, in a despatch to the tjovern(n'-GeiieraI of Canada, with a recpiest that be will be good enough to inquire by telegraph whether it lias duly reached your Lordsliip, and in the event of its not having done so. that he will transmit it in cypher through the Secretary of State for the Colonies. We have, &c. ^Signed) (JI^ORGE B.\DEX-P()WKLL. GEORGK M. DAWSON. hi' n Inclosuie in No. 129. Behritig's Sea CommisKionfrs to Major Williams. I'car Sir. Steamship " Danube," nt St. Paul Jvhj .30, ISO). WITH reference to our conversation of the 2Sth instant, relative to the limitation "t the nmnber of seals to be killed under the agreement come to by the Governments of till' United Slates and Great i'-ritain. we think you maybe glad to receive this expression of our opinion, based upon the infornnvtion in our possession, that the intention of the t«o (Jovernments as conveyed iiy Article 2 ci' the mndii^ virendi vas, that on the jiart of tlie United States the stijtulation would be strictly observed to limit the catch this suisoH to 7,500 seals, and to sto|) the killing when that number had been taken. As vou were good enough to invite our opinion on the above subject, we venture to 1*; i 5 r '''i '■ !■'♦ ' m I iJ ah 82 place it in your hanils, although the cjucstioii is apart from the immediate scope of our iiKjuirv. Wc remain, Sic. (Signed^ (iKOUr.i: P.AnF.N-Pn\Vi:i,I, GEORGE M. DAWSON. No. 130. Behring's Sea Commissioners to the Marquis of Salisbury. — {Received September 8.) Steam-ship "Danube," at St. Paul Island, Alaska, My Lord, Auijust G, 1S91. IN continuation of our despatch of the IGth July, wo liave the honour to report that after a passage of seven and a-lialf days from Victoria wo r..acheii Kiuliuk Harbour, Oonalaska Island, on the 24th ultimo, 'riierc we jjathored information liora various rcsidi'nts, and arrnnixcd future plans with the Senior Naval OlfiCer in Bclirinjr's Sea, Captain Turner. K.N.. of Her -Majesty's ship " Nymplie." As we were Icavinix for the Pribylotf Islands, the United States' surveying-vessel "Albatross" arrived at Oonalaslca, liavin;^ on b uard Professor Mendenhall and Dr. Merriani ; we therefore delayed our departiu'e for a few hours in order to make their ae(]iiaiiitMn('e. We then proceeded direct to the Pril)ylo(l' Islands, beiiii; accom- panied by .Mr. 'i'lnjle. Sni)erintendent of tiie North American Commereial Conipuij, whom "c met at Oonahiska, and to whom we offercii a pa.ssaije to St. Paul Ishmd. Wc i'ivestiy;ated all tlio seal rookeries and liaulina;-trrounds on the island, and obtained a laru:e mass of evidence from the otlicers of tlie L'nited States' Goverimiont and of the Company, as well as from the natives, on the sul)iect of seal life. The ■' Albatross " arrived at St. Paul on the evening of the -'8th July, and in a conference with Professor Mendenhall and Dr. Merriam, we explained to them the terms ot our commission ; tliey, however, informed us that, having as yet received no formal commission from their Government, they were unable to enter into any iorniil discussion with us on the subject of our inquiry, but that they hoped at some future date to meet us for this purpose at Washington or elsewhere, their object in the meantime bcini,' to acquire for themselves such local knowledge as would enable tiiem belter to understand the iar.ire quantity of documentary evidence respecting seal life in the possession of the United States' Government. On the .'Hst July we left for St. George Island, taking with us Dr. Merriam. We examined all the breedinheries on the .sul)jeet of certain Ueports and papers relating to the conditions of seal lite in the Pribylotf Islands. I am, &c. (Signed) R. H. MEADE. Inclosure 1 in No. 132. Lord Stiintcii of Preston to Lord Knutsford. My Lord, Stanlrii House, New Richmond, P.Q., Aiujus'. 18, 1S91. I CAUSED to be referred, for tlie consideration of my Governuiint, a copy of a (icspalch from Her Majesty's Minister at "\Vasliinnt(m. coverinir co])ies of Reports of the I'nitod States' ilovernmeiit Agents .stationed on tlie rribylolf Islands, which were laid k'tore Congress in February hist ; also an extract from the '• Cleveland News and Heralii ■' of the 4th ^lay, 1891. containing the introduction to Professor Elliot's vohiminous Report on the condition of seal life in tlie I'rihyiotr Inlands during the siiMimer of 1890, which did not accomiiany those presented to Congress; and I have now the honour to transinit to your Leals thereon, and of the St. George island, too, iiesan to declare, and have declared, to my astoni.^l'.ed senses the t'act, that their utter rdin auvi extermination is only a (piesti .n of a few short years t'rom date, unless pro:ii;it .iml thorough measures of relief and protection are at once ordered on sea and on land hyihj 'J^roasury Department and enforced by it." He enters into a lengthy exjdanation of the reasons for the discrepancy lutweeii iii> present statement and the views expressed by him with regard to the inexiiau.itiide supply of seal-; 'ipon the rookerie-. during the term of 1S72-7'1, when he was "firmly satisiimi that, as matters were then conducted," there was no reason to fear injury to the re^'U!ar annual supply of male life necessary to the perpetuation of the rookeries. He gives as reasons for his complete change of opinion, and for now finding " nnlv a scant tenth of the number of young male seals which 1 [hel saw there in 18'^lf," the following: — "1. Prom over-driving without heeding. its warning first begun in 1879, dropped then until 188l', then suddenly reneaed again with increased energy from year to year until the end is abruptly reached, this se;ison of ]8!)0. " 2. From the shooting of fur-seals (ehietly females') ,in the open waters of the North I'acific Ocean and Behring's Sea, began a business in 1880, and continued to date." It will be observed that this second reason is given for the decrease principally ot young males, while furfher on in the same Report, and throughout the whole controversy, pelagic sealing is and has been held to be particularly destructive to fem.ales. Unlike all previous Reports of United States' Treasury Agcnt.s, this takes the inuia- tive in ascribing the alleged enormous d'^crease of stnl life on the rookeries primarily to the lessees of the breeding-islands; but, like all others, it reiterates the off. retuied statement that the shooting of fur->-eals (ehietly females) in the open waters of iieiunii:'^ Sea and the North Pacific Ocean is responsible, though secondarily, for the alleged diminution of seals on the breeding-grounds. 80 It is worthy of notice thai tlii^ appeiir-^ to ht- ttic first occasion upon whicli United States' Special Ai^eiits iiavc adrilmtrd tiu> t'allinn-oll' to the operations of sealers in the Noitli IVifH' Ocean outsitlc Uclnini:'s Sea ; and to tliis, no (loubt, is duo the extension ot'tiie fifronnd recently propoe 1 by Mr. Mlaine to li.- covered hy llie arbitration. It will not be f()ri,^otten that tlie IJndersijjjned, v.lien refiitin>,' the statements as to the killin;,' of feniuies in iJelninn's Sen ;the only waters under dispute), bas ficfinently shown that it niinht be trne that the pursuit of seals alon^: the const and outside r.clirin2['s Sea was destructive by reason of the killing of females with pup, during their slow movements before they enter that sea, but that, after entering, the females made a swift passage to the rookeries in a bee-line, and the ilanger no longer existed. Tiie (piestion in dispulc is not as to the de.lrui'tion of seal life outside Behring's Sea, hut the right of tlu- Tnited Slih', lo inon i;M)li;;c the seals in iJebring's Sea to the extent of excluding other nations iVoiii theii' pursuit in those waters. The authorized Agents of tliat (jlovernment have, in the past, either failed in their duty, or were unable to appreciate the signilicanee of the gradual and certain decline of the seals dwelt upon hy Mr. Elliot; for be now reports that not until I8.S1) has there been the sliglitest intimation in the ai"Mial declarations of the oflieers of the Government of the least diminution or decreae of seal life on these islands since his work of 1874 was given to the world. He discredits tiie statements of tlicse Agents as irreconcilable with the evidence of the decrease in the sup|)ly of xonng male seals. The rndersigned calls attention to tlie striking fact that the serious decrease now allcgcil has occurred, it is stated, principally in the case of young males, while the United States' Agents still persist in blaming pelagic sealing for its alleged disastrous results to females. Tills po;iition woidd :ipi;ear to be as dillicuU of reconciliation as the statements of the other Agents are thougbt by Mr. Klliot to be. A glance at his (igures, which he states are so caret'ully and accurately compiled, (li-ch)ses the fact that the percentage of the decrease in females is G2^, while that in yuimg seal pups is over To. Mr. Elliot proceeds : " Naturally enough, being so long away from the field, on reiuiing Mr. Charles ,1. tJoff's Keport for the season's work of 1889, I at once jmnped to the conclusion that the jielagie scaling, the poaching, of ) 880-88 was the sole cause of the shrinkage which he declared manifest on those rookeries and hauling-grouiuis of the Pribylofl Islands " .And he goe> on to say that even then, after calculating the miinberof skins jilaced on the market i)y pelagic sealers, he could not satisfactorily charge the whole decrease lo them, lie states that the cla.ss from which 85 per cent. (if the pelagic catch is drawn are "females and young-born and unborn;" and while he cx])ected this to work damage to the rookeries, he was wholly unprepared for an estab- lishment of the correctr.ess of Mr. Golf's l\'e])ort. " After an entire new and lopograpliical survey and triangulation of the landed area of the seven rookeries of St. Paul Islind and those of St. George Island," My. Elliot is impressed with the bad eti'ect of •' diiving' the seals for years, which practice, in his opiiuon, renders them unlit for sirvice on the breeding-rookcrie.s, " being utterly ilenioralized in spirit and body," and this is now admittedly the principal cause of the reported decrease in seal life. According to Mr. ICIIiot, jielagic sealing, or "poaching," as he terms it, commenced in 188(}. It continued under the harassing and embarrassing interference of the United States' authorities down to aiul including tiie year 1889— just four years. Ho describes the rookeries to have been " in sjieiidid condition," .... when " they passed into the liaiuls of the United States." iSlow, after twenty-two years of killing operations on the islands, he sudde-ily discovers reasons to fear extermination of the seal species, and attributes the falling-olf in a great degree to four years of pelagic sealing, beginning in l>8ti ; in the face of this statement, in the same IJeport, that " that day in 1879 when it hecamc necessary to send a sealing gang from St. Paul village over to Zapodnie to ri'uularly drive from that hitherto untonclied reserve, was the day that danger first appeared in tangible form since 1870— since 1857 for that matter." That is to say, seven years before much-abused pelagic sealing, according to Mr. Elliot, had begim. Tlius, in the opinion of the Undersigned, in the light of this and similar Reports, are liis repeatedly expressed views vindicated, as also is the fact established that the protec- tion to seal life on the islands, provided by the United States' Government, is and has heen wholly inadequate. The Reports, however, reveal anotiier tact entirely opposed to the contentions of the United States' authorities .^nd Agents, and of Professor Elliot himself. This fact is, that f •! ,■^1^ mm^ 86 the whole Bjstem of comhictinp t instinct of all animal iKiture — that of self-preservation- and is admirably adapted to dri\iiig the seals from the breeding, rookeries to seek other haunts. While the rndt'rsii^md does nut consider it necessary in this connection to refer to the (luestioii of right raided by the term "poacher," as applied by Mr. i'dliot to pelagic scalers, this (piestion being one ali'e<'ting an tntirely distinct feature in the controversy in no way connectetl with tlie (|ne>lion of the preservation of seal life, he desires in passing to briefly state the following: — it has been clearly otaldislicd that no atteniiil has ever been made by any of tlie Canadian sealing fleet to operate witbin the territorial waUrs of the United States. The unwarranti'd interference by raited Siate>' re\enue-ciitteis has in every case been out in the open waters of the sea. free to them and to tiie subjects and citizens of all other notions. In his Ueport Mr. Klliot dwolls at con-idcralile leii;:th upon tlu' history of tlie sealing imlustry of the I'ribyloll' Islands under tin- liU^Maii rule jirevidiis to the acipiisi. tion of these islaniK by the tiovenimeiit of the I'liiied States. He argues that to the fact that in th(>sc earlier days the skins were air-dried niol salted as now ) is due the fact that the seals were not years ago e.\terniinaled, the work of sealing being then far slower and mm'h more ditlicult than now. In his opinion the inability to rapidly cure the skins for shipment alone imved the Pribyloff rookeries from utter extermination, as at least thirteen trading organizatimis were engaged on these islands continuously for seventeen years in taking the fur-seal skins; and he believes, had they jmsscssed the knowledge of salt curing now in vogue, they would have killed every fur-seal wbicb showed itself. Yet further on he (|iiutes from J5i>hoj) \'eniamiiiov, tiiat, in ISO.I, ^^(Mj,(lOt> seal >kins had accumulated, of which 700.000, linving spoiled, had to be cut ov thrown into the sea 'i'hus on one occasion enougli skins weri' destroyed to I'over seven years of the total take of the former Aiiieriean lessees, or nearly twelve years' take ot' the present ('omp.iny, under the terms of their lease, adopting the basis of (iO,U()() skins per anuuin. The system, or even want of system, which permitted such drains as this upon the seal life of these islands by so many ("onipanies must have been less hurtful to seal life than the organized methods pursued under the supervision of the United States' Govern- ment ; for though the earlier sealers ilid not know how to ])reserve the skins when they got them, the present lessees, it is alleged, cannot get them to preserve, though only one oi'ganizatii):i has been engaged for twenty-two years, as against thirteen organizatioiis indisciiininati'ly workiii,' lor seventeen years; and the one organization began operations with the rookeries admittedly in '"splendid condition," and considered by Mr. Elliot to _ practically inexhaustible. This opinion of Mr. Elliot might have been correct in the main, but it is evident some other ami more provident metiiod of rea])ing the seal harvest on the islands must be devised if the stock is to be perpetuated. 'i he Undersigned sees no reason to reverse iii> opinion as to the relative effect iiixm the rookeries of hunting seals in the open waters of I'lchring's Sea, nor can lie conceive it possible that such method (d' sealing eould materially a-sist in bringing al out the disastrous results now alleged. In bis opinion it could have no more efiect ui>ou the permanency of the sealing industry than would the legitimate pursuit of any other bu.siness in like manner. Mr. Elliot concludes by stating that, after a careful review of his investigations, he is warranted in urging — " 1. That no driving and killing of fiir-seul> for ta.v and shipnient on the seal islands of Alaska be permitted bv the Government for a period of at least seven vears from date (18'JOj ; and "2. That the co-operation of Great Britain and Russia be secured in iicrfeetiug our international close time, by which all killing of fur-seals in the open waters of Hehring's Sea will be prohibited during the breeding season ofthe.se animals, and in order that tlie Representatives of Great Britain and Russia may see the truth of my statement as to what threatens to exterminate these animals if pelagic sealing as well as terrestrial sealing is not at once stopped, that a Commission of British, Uussian, and Amcricau ..'.. If lirf iJiiii.'.^ -,:. S7 experts be invited to visit the seal islunds next sinniner, ami report tairly upon the Bubjcet." The fir^t of these propoHJtions, which does not afToct tlio Canadian scalers, the Undorsif^ned eoiisidcrs calls Icir no further reference heyond tiie remark (even in the liirlit of Mr. Klliot's iieport) that it is somewhat remnrkaide that (mly at this late dale, after over twenty vears of annual operations unrlcr (lovcrnnuMit sujiervision, that the I'nited States' (Jovcrnment is possessed oi' informal inn upon whicli it jjascs tiic necessity for such a drastic measure. On the second proposMtion the Undersijfiied remarks that the recent ncfjotiations, re^ultinjr in the present inodux virnndl, ami the depsirture of the British and Canadian cxiierts for llie si al islands to report ujioti the conditions of seal life, dispose for the time bein^ of the main fentmc cimtained therein. Before leavinjj the sultjeet, however, tlie l.'ndersi^^ned desires to invite the attention of your Exeelleney to the words, '• in perfvctimj our inieniat tonal cto.sr lime, by winch all killinji^ of fur-seals in the open waters of Behrii ''s Sea will be prohibited during the breeding: season of tiiese animiiN." contained in the second proposition. The words italicized by the l'iulcrsiij;ned appear to imply the existence of an inter- national close time for seals in the open waters of Behiing's Sea, which it is proposed to perfi^et. This is misleadinj^, as no such close lime exists, and tin; oidy Rej^ulalions pertaininfj to tbe seal fishery of I'lehrint,''-; Sea are jirovided by enactment of the United States' Confjress. and applicable to tlie citizens of th:it nation alone. Willi rej^ard to the remainder of the (juotiitio i, the 'Jndersii;iied observes that this question is included in the suiiject of the imjuiry n"^*' i)roeeedini;'. The Undersi!,'ned, however, would au;ain revert to the proposal forwarded by Sir Julian Pauncefote to Mr. Secretary I51aine, l:',th April, T^'.d), winch provide 1 for just and erpiitable close times for seals in Behrini,''s Sea, covering- the mi,i;rations to and from the breeding-grounds; and which was rejected by the 'i'nited States' (Jovernmenl. .\ close season based upon the wording of tbe present proposition, " during the breeding season," might, by a strained or technical interpretation of what length of time the breeding season covered, he made practically exclusive by fixing the dates to cover the whole term, beginning with the first entrance into Behring's Sea, and ending with the departure of the seals from I hat sea. This would be simply an assertion of the doctrine of mare clausum in another form. Tbe Undersigned therefore desires to impress upon your E.xcellency this aspect of the matter, with a view to avoiding, in any idose season which might ultimately be agreod upon, a practical or actual surrender of i)articipation in the sealing industry by iler Majesty's subjects; and estahlito to the diiited Stiitos' Anient at St. V\m\ l-laiid I'lspcitini^ till' limitation of the iimnlu-r of souls to i)i' killed under the airroi'iiicnt e 1! (• lo hv til.' (lovernmeiit-; of (Jre.it Hiilaiii and tlie I'niled States. Voiir liatlier |'roccediuf;.s, rci)orted in the ahovc-mentioncu despatch, are alio jipproveil. I am, &c. (Signed) SALISBL'UY. V \ \l 1 liP • m \\\ i ' No 134. Sir J. Paunce/ote to the Marquis of t^aUsbury. — (Received September 14.) yU- Lord. ^'cirporl, September I, ls!l]. I HAVE the honour to inform your Lordsliip that I addres.sjd a note ou tiie 2flth ultimo til tlie United States' (iovcrnment in the ;u use of your Lordships telegram of the 2lands, and cxpre.-sin^- tlie conviction if Her Maiesty's (lovernment that tiio President will not countenance any ov.ision of the true spirit of ilic Agreeaient, and will ta'ie the ncciss;ir.v measures to insure its strict ohserva.ice. 1 ha\e now received a note tVoni the Actinq Secretary of State, in reply, in wliirh lie informs me that my >taiement will receive the iiamediate attention of his Government. 1 have, &c. (Signed) JULIAN PAUNCKFOTE. No. 135. Sir J. Paunce/ote to the ^[arquis of Salisbury. — {Received September 21.) My Lord. Newport, September 10, 1^1)1. Wrril reference to my despatch of the 28th ultimo, transmitting copy of the private and unotFieial letter which I aiidres-ed to the Acting ."Secretary of State on the snh.ieit of the comperisatioii clause of the Beliriiiir's Sea Arhitration Agreement, I have now the honour to inclose a copy of the reply which 1 received from Mr. Wh.irton to tlint communication, and the suh.staiicc of which I reported to your Lordship in uiy telegram uf the Sth instant. I have, &c. (Signed) JULIAN PAUNCEFOTK. Inclo.sure in No. 135. Mr. Wharton to Sir J. Paunce/ote. (Private and Unofficial.) My dear Sir Julian, Drparlment of State. Washington. September 7, 1691. YOUR private and unoflicial note of the 2Gth August was duly received, and I doire now to reply to it in the same private and unofficial manner. The I'resideiil is unable to see how the damage clause last propo>cd hy him can he held to imjily an admission on the part of Great Ikitain " of a doctrine respecting the lial)ility of (Jo\ern- nicnts for the acts of their nationals or other persons sailing under their flag on the hii'li seas, which is not warranted hy internatioiial law." 'Ilie projtosition was e.\]ire>sly framed so as to submit to the Arbitrator the question of the liability of Great jhiiain for the acts of vessels sailing under its flag. It did not assume a liability, hut wiij framed e-xpressly to avoid this objection, which had been urged against the previous proposal. I quote from my note of the 23rd July : — • See No. 125. 89 aro Iliad "The United States niijjlit well insist that TTor Majesty '.s Government should ndmit responsibility lor tlic nets ot tin- ("iiniulian scalers ^liji'li it 1ms s o dirtctly cnrournired flnii promoted, precisely as in the i»roposal tiie I'liitcd States admits respdnsiltility for the nets of tlie revenue-vessids. |{ut, "itli a view to renidvi- what seems to ho the last point of dillerence in ii discnssion which has hecn very much \)r()tnicted, the I'rcsident is willinsr to modify his proposal, and directs nic to ollcr the foHowiiiij " The elftim of the Unitcil States wns stated in my note of the iJ'ird July aecom- panying the i)roposal, and the I'residcnt does not sco how the claims of the respective Governments eoidd he more fairly or fully su!»mitted. This fJovcrnmcnt jiroposes to diihmit to the Arbitrators the (ineslion wheiher (Jreat Mritain is liable for the injury done to the seal lishcrics, the property of the United States, by the Canadian vessels that have, under the stimulation and support of the British CJovcrnment, been for several Tears cnpi compluined f, but it may well insist, if this nrbitratiim is to result in any etfectual settlement < i the dillerenccs between the two l-,'V ■rnments, that the question of Great JJritai'i's liability shall go to the Arbitrators for decision. If you have any siifjtrcstions to make in support of the olijection that the pr'^posal made by the President a-sumes a liability on the part of Great Britain, the President will be very plad to receive them and, if necessary, to rec(msider the phruscnloffy ; but upon a careful and critical examination of the proposition he is unable to sec that the objection now made has any support in the terms of the proposal. I ha\e, &c. (Signed) WILLIAM F. WHARTON. No. 136. Sir G. Baden-Powell to the Marquis of Salisbury. — {Received October 9.) (Telegraphic.) Victoria, October 8, 1891. COMMJ'^SION to-day returned Esquimalt. Await instructions in Victoria. No. 137. Sir J. Pauncefole to the Marquis of Salisbury, — (Received October 12.) ( Teleo-raphic.) Washington, October 12, 1891. fllK United States' Government urgently press for a reply to their note ot 23rd July. Shall 1 send ollicial reply iu the sense of my private letter of 2Gth August to Mr. Wharton? r. i The middle course therein proposed, hich I presume is acceptable to Oanada, might yet be accepted by the President, in order to arrive at a settlement. No. 138. The Marquis of Salisbury to Sir J. Pauncefote. (Telegraphic) Foreign Office, October lb, 1891, IN accordance with the suggestion in your telegram of the 12th instant, you arc authorized to repeat ofKcially to the United States' Government the proposal made [5723 N w no in your private letter of tlio 2Gth August to Mr. Wharton respecting the Bcbring'g Sea arbitration. No. 139. i1 Colonial Office to Foreign Office. — {Received October 17.) Sir. Downing Sirerl, October 10, 1891. AVrriT rci'crcnco to your letter of tlic IStii .Inly, respoctiiii; tlio olijoctions of tho Britisli Cohimliia Sealers' Association to liio passinu; of tiie " Seal Fishery (ilelirinir'g Sea) Act, 181)1," I am directeil by Lord Kmitst'ord to transmit to you, for the informa- tion of tlie Marquis of Saiisbnry. a copy of a despateli and its inclosares from tlie Governor-General of Canada on the subject. 1 am, &c. (Signed) EDWAKD WlifGFlELD. Inclosure \ in No. 139. m Lord Stanley of Preston to Lord Knntuford. y\y Lord, Government Unuse, Ottawa, October 1, 1891. "WrriT reference to your Lordship's despatoii of the UUh July last relative to tho objections entertained by the liritisii Columbia Scalers' Associati(m to the legislation priiposcd by Her Majesty's Government with tlio object of establishinij a cIohc Kcason for seal in Belirinu's Sea, [ have tho honour to forward to your Lordship herewith (;opy of an a])])roved Minute of the; Privy Council, to which is appended copy of a letter addressed to the .'sealers' Association by the .Minister of Marine and Fisheries in the sense of yonr Lordship's despatch above referred to. I have, &c. (Signed) STANLEY OF PRESTON. Inclosure 2 in No. 139. i )! Eeport of a Commitleo of the IJonoiirnble the Privy Council, approved by his Excellency the Governor-Genrral in Council on the 2\st September, 1891. THE Committee of the Privy Council have had before them a despatch dated the Kith .Tuly. Is'.t], from the liii;lit Honourable the Secretary of State for the Colonies aeknowlcdLiing the receipt of a Minute of the Canadian Privy Council inclosing copy of a letter from the Hritish Columliia Sealers' Association. '"he Minister of .Marine and Fisheries to whom the matter was referred, now st.itcs tliat a ri])ly lias been forwarded liy hiui to tin; Association in the bcnse indicated (a copy thereof is aiiiiemled hereto). The Coniiniitee, on the recommendation of the Minister of Marine and Fisheries, advise that your Excellency bo moved to forward a copy hereof to tho Principal Secre- tary of State I'lir the Colonies for the information of Her Majesty's Government. All of which is respectfully submitled. (Signed) .TOIIN J. McGRE, Clrrk of the Privy Council, Inclosure 3 in No. 139. Mr. Tiippcr to Sealers' Association, Gentlemen, Ottawa, September 10, 1S91. 1!K^■ERTING to my letter you of the 13(h .luno on tho subject of your commu- nication of the nth of that montlC on behalf of the Sealers' Association of Victoria, remonstrntinL-- again'-t tho proposed .nodns vircndi in Bchring's Sea, I have now tho honour to inform you that Jler Majesty's Government is of opinion that the total cessation of sealing in Beliring's Sea will greatly enhance the yalue of the pjtjduce of 91 tho coast fishery, and does not anticipate that British! sealers 'will suffer 'to any great extent by exclusion from Beliriiig's Son. Her Majesty's Government, however, will jjo prepared to consider any case in which it is clearly established thai direct loss lias lit'cii suffered by a Hritish subject through the cnforcenient of the prohibition against scaling in IJoiaing's Sea. _ With reference to the wish of the Association tiiat it should be heard before the Arbitration Commission, the Secretary of State for the Colonies intimates that, as the Joint Commission of Ivxperts has been apixiinled to exauiine all (|uestions connected with seal life, and the fur-seal industry, lor submission to the Arbitrators, you should lay any statements you desire io make before the (^ommi^sion of I'Xperts in the first instance, and that, in the event of its being found necessary to call evidence before the Arbitrators, in addition to that wliicli may be presented to the Commission of Experts, Iler Majesty's tlovernmenl will not fail to bear the wishes of the Association in mind. 1 have, &c. (Signed) CHAIJLES II. TUPPER. No. UO. The Behring's Sea Commissioners to the Mar.juis of iSalishurii. — {Receifcd October 19.) My Lord, "Danube," at Ounalaska, September 17, 1891. FOR the purpose of our inquiry into the conditions ot seal life in Behring's Sea and other parts of the North Pacitic ()cean, we deemed it advisable lo visit the Russian seal islands, and we were pleased to receive at Ounala-ka on the 21 st August a telegram from your Lordship informing us of tlie receipt of a note Irom tlic lius.sian (JovcrniiX'nt iuilhoriz-ing us lo \isit theii' seal lislieric--. and stating that the Qovcrnor-Geneial at Auioor had been reciuested to alibrd us every facility. 2. We accordingly visited the Comnuinder islands, arriving off Behring's Island on the 1st September. 3. Tlie Adnunistrator, M. Grcbnitzky, had not heard of us from the Amoor, but on learning of our mi>sion, showed us every courtesj" and hospitality, and from his own ample experience and observations gave us most valualile information as to the conditions ot' seal life in Russian waters. On Coppor Island, the Govcinincnt Superintendent, M. Tillmann, actin;;- on instructions from M. (jrebnitzky, gave us full information, and accompanied us to the rookeries, extending to us the most friendly courtesy. 4. We then proceeded lo Petropaulowski, and there from the Commandant, M. llomyakol!', and Captain Hrandt, e!' thi; Russian Imperial steam-ship " Aleut," we again received Tuuch couilesv and assistance in our ini|uiries. 5. We venture to liope that the Russian Government will iibe .informed of the extremely .satisfactory cham tor of our visit to the Russian ' soaling-grounds, and we would take this occasion of expressing: our opinion of the great value to the elucidation of the conditions of seal life, of the information and opportuinties for observation which we were afforded by the Russian authorities on the Commander Islands and in Kamschatka. 6. We inclose herewith, for your Lordship's information, : copies of the letters which wc addressed to tlie Administrator of the Commander Islands and the tN)m. raandant at PetroiMiulowski, expressing our sense of the valuable facilities they have afforded us. We have, &c. (Signed) GI'ORGE BADEN-POWELL. GEORGE M. DAWSON. Inclosure 1 in No. 140. The Behring's Sea Commissioners to the Administrator of the Commander Islands. Sir, " Dantdw," at Ikhriiujs Island, September 2, 189L HAVING been appointed Her Britannic Majesty's Commissioner to hold an inquiry info the conditions of seal life in Riliriiii^'s Sea and other parts of the North Pacific Ocean, with a view to liie arbitration )k nding on the subject between the (Jovernnients of the United States and « ireat Britain, we considered it to be of much importance to the success of our mis.sion that we should obtain full iuforuu;tiou concerning the facts of seal life and the methods of killing adopted on the Commander Islands. [672] N 2 lilf;^^ 92 - u mi I (I 44 I ' 'i t "Wc received a confirmatory telasrara from the Secretary of State for Foreijajn AfTnirs in Eneland, statinu: that the Russian Government had been in those directions, and acquiring trustwortiiy information as to the northern limn of the i'ur--eal. .*?. We visited the native and other settlements on Nunivnk Island, Cape Vancouver, St. Matthew Island, St. Lawrence Island, and Plover Bay. On our voyage northwards, and on our return journey to the Pribyloff Islands from a north-westerly direction, wc carefully recorded all seals seen at sea. On this cruize we received valuable assistance from Lieutenant-Commander Hadley in Her Majesty's .ship " Phea.sant." 4. On reaching St. Paul Island on tlie 19th Augast we .igain examined some nf the rookeries to note the difference in their appearance after a fortnight's interval, ami then, jiroeeedingto Piimlink iiarbour, Ounalaska, to consult with the commanding otficeis of the Enslish and I 'nited States' war-shijjs as to future movements, we left that pmt on tlie LMlli .August for the westward, calling at the Islands of Atkaand Attoo, on wliiih are the only remaining native settlements of the western part of the Aleutian chain. 5. Our ultimate object being to visit the Russian seal islands, Her Majesty's shiii " Porpoi.se " was detailed to accompany us, she being on her way back to the China Station. 6. The " Porpoise," under tlie command of Captain J. Leslie Burr, from whom we rm 93 received every assistance and attention, keeping: a more northerly course to look for boals and schooner.s, joined us at Attoo on the 29th August. 7. AVc proceeded to the CommanUci' Islands and to PctropaulowsUi, and on this portion of our cruize wc arc addressing a separate despatch to your Lordship. 8. licaving Pctropaulowski on the lOtii ^.optcmber, we shaped our course for the rril)ylofr Islands, so as to strike thcni from a westerly direction, keeping an accurate record of all seals observed. y. Paying our final visit to the rookeries on St. Paul Island after a further interval of twenty-six days, wc found that Mr. Stanley Brown, having completed his full observa- tions of seal life on behalf of the American Commissioners, had just left the island. 10. We thus secured tlie opportunity of making the latest observations of several important points in relation to our inquiry. We now propose to continue our investigations by the collection, on our return journey to Victoria, of evidence from those engaged iu sealing on the coast of British Columbia. We have, &c. (Signed) GEORGE BADEN-POWELL. GEORGE M. DAWSON. No. 142, Sir J. Pauncefote to the Marquis of Salisbury. — {Received October 19.) (Telegraphic. ) Wnshinglon, October 19, 1891. WITH reference to your Lordship's telegram of the liJth instant, I addressed a note to the Acting Secretary of State on the 17th instant, in the sense of my private letter to liim, and olficially repeated the proposal made by your Lordship. I called by request at the State Department to-day, and Mr. Wharton asked me informally to sul)mit two alternative clauses to your Lordship. A disclaimer is contained in the iirst clause of any admission of the liability of Great Britain being implied from the teims of the President's clause 7. The second is a clause to be substituted for the President's clause, and is in the sense of your Lordship's proposal. The text of the two clauses follows : — [See Inclosure 1 in Sir J. Pauncefote's despatch of October "23, 1891 : Inclosure 1 in No. IGO, infra.'] Will your Lordship authorize me to inform the United States' Government that you accept thi second clause, in which case they will at once propose it in answer to ray note ot the 17th instant? It will be left to further negotiation to settle the choice of Arbitrators and place of sitting. No. 143. Memorandum by Sir Cl. Jiadrn-Powcll on the Limitation of the Number of Fur-seals to be taken or: the Pribylof hlcnds in 1891. — {Received at the Foreign Office, October 20.) Limitation exceeded. BY Agreement between the United States and Great Britain not more than 7,500 seals were to be taken on the Pribyioff Islands in 1891. 2. On visiting tiic PribylofT Islands in .luly and August 1891, the British Commis- sioners found that since the opening of the season and up to the Ith August about 9,100 seals had been takt'ii, and that it was in contenqjlation to kill about 2,900 more before tlie close of the season, making a total for the year of 12,000. .1. The exjilanation of this excessive killing is to be foimd in the interpretation I'Ui'ed by the authorities in the seal islands on the terms of the modus vivendi of June l^'.U. 4. The clause (No. 2) < 'to modus vivendi runs thus : "The United States' Govern- ment will prohibit seal-killing lor the same period " (until May 1892) "in the same part i (I iKwi * imi ' i W7. u of Behrinsr's Son, and on the slioros and islands thereof the property of the United States (in excess of 7,500 to be taken on the islands lor the subsistence and care of the natives). . . ." i ' ' I i :«:) 41._' k ; Intention of United States' Government in imposing Limit. '), The intention of the President of the United States in insisting upon this proviso as to 7,500 is evident in the various statements ollicially made on behalf of the United StPtcs. (5. On llio •J5lh April, 1891, the President instructed Mr. Blaine, the Secretary of State, lo inform Sir Julian Paunoel'ote: " . . . . Some seals must be killed l)y the natives for food ; . . . . the lessees are bound under their lease .... to feed and care for ilic natives and for this service, a very cxponsivc one the lessons .should find tlieir e'viioeasation in takinjjj a moderate number of seals." T. -Mr. ISlaine, in lii-- letter to Sir Julian I'auiieefoU' of tiie 4lli .May, IS'Jl, correctlj explains ihat under tlieir lease the Company is bound to furnish to the natives — (1.) Dried salmon. (2.) Salt and Ijarrels for preserving meat. (;j.) ^0 tons of coal. (1.) Dwellings in good repair. (5.) Schools and teachers. (G.) Chnrcli. (7.) Physicians and medical stores. (8.) Necessaries of life tor widows and orphans, aged and infirm, who are unable to provide for themselves. S. Mr. Blaine adds: " Tiie eonifort, possibly the safety, of all these liuman bein^'; is (iopendont on the Company. ... If the C'(nni)any shall .... be deprived of all privi!e.:e . f taking seals, they certainly could noi ho compelled to minister to the wants of these I'liiu inhabitants for an entire J'ear. If these islands arc to be left to charitv, the ■S'orth American Company is under no Lirealer obligation to extend it to them than any other citizens of the United States. It evidently re(piires a considerable sum of money to fmnish the supplies muned in the lease. ... If the lessees are not to be allowed jiaynient in any I'orm for the amount necessary to support these ;{00 people on the islands, they will naturally decline to expeiul it. . . • Ho appropriation of money has been made by Congress I'or the purpose." '.). Mr. Blaine continues, in conclusion : " In this exigency the President (proposes to) C()nce# !>•: .I- i 06 19. The Company will thus have for sale this year not less than 15,000 skins, of a probable vmIuc, at 20 dollars the skin, of lUiO.ODO dollars (00,000/.), about one-halt of which would accrue to the Government for taxes. The expen-ses on (he islands, on behalf of the natives, would not exceed 5,000 dollars (1,000/.). Tlie addilidnal expenses of providini; food for the nai'wes, which the Govornnient of the United Stutcs have undertaken, arc estimated not to exceed a total of 20,000 dollars (4,000/.). 20. The (Jovernmcnt of the United States .are presumably entitled to insist tluit the quota for this year had been fixed at 7,500, with the special objects of defrayiii;,' certain expenses, and of preventinif any killini? for purely commercial purposes, and that therefore any skins accruinoj to tiie Company in excess of this 7,r)00 must K' stored to the account of next year's quota. Even if this ri;;id view were taken, tiie Company would secure a trade revenue of 15,000/. to cover an expenditure of l.ooo/,, while the Government would receive a tax revenue of 15.000/. to ''over an expenditure of 4,000/. liut if this reservation be not insisted on, the respective revenues would yield net protits to the Comjjany of 29,000/., and to the Goverumcnt of 20,000/., a result certainly not contemplated by the I'rosident, Action of Trensury Agent on Islands. 21. In rejrard to the action of the local United States' authorities, I found (lint ^[ajor Williams, the Treasury Agent for tlie Pribylolf Islands, before leavin^ij S.in Francisco for the islands, that is before the 2Tth May, 1891, had been instructed to keep the Company's quota of skins under 7,500 until further orders. Subsequently hu was in.structed, by telegraph, to "modify his instructions in accordance witli tlie Prochmiation." On tlie 20th June he recorded in tlie otlicial log (hat the Company '.s quo(a of 7,500 had been reached. He permitted, however, two killings to take place for " food skins " on the 25th and the 2!)th June, yielding 009 skins, before he received the Proclamation on the 2nd July. Tiie Treasury Agent did not seem to be aware that all accepted food skins are placed to the account of the Company's quota. On receipt of the Proclamation, Major William.^, having no other instruc(ions, stopped all killing, and, as he told us, thought the ma((er over for three days, consuUing with Captain Cotton, the United States' Senior Naval Otlicer in Behring's Sea, and others. lie came to the conclusion tliat the limit of catch was to be within the period between the signing of the modus vivendi and May 1892. Hetween the 15th June and (he 6(b July about 3,000 skins had been (aken, and Major Williams decided that 3,900 more skins were to be taken before next May. Up to the beginning of August, when the skins became "stagey " and unmarketable, about 1,000 more skins had been (akon, leaving a total of 2,900 skins to be taken in the autumn, after the "stagey" season ends in November. 22. On discu'^sing the matter with Professor Mendenhall and Dr. Merriam, the Bebring's Sea Commiss' oers (designate) of the United States, we found they had talked over matters with the local ofiicials, but bad no previous knowledge of the suhjcit or of the correspondence in which the President's intention was exjtressed. On the 5th August, 1>91, Dr. Merriam again opened the subject to me, saying that Colonel ^lurray had explained that only 0,000 had as yet heen killed, adding, " Of course it only means after the date of signing the itiodits rirctidi." Professor Mendenhall, chanciii::' to come up at the same time, concurred in Dr, Merriam's view. In reply to my in(|uiry they did not know that Major Williams had been instructed on the 27th May, on ids way to the islands, to .stop killing at 7,500 ; nor that in the official log was the enny on the 20th June, "This tilled the quota of 7,500." 2'3. It would iherefore apjiear that the United States' authorities on the island.-- had not been in any way specially instructed beyond (be clear order given on the 2i'(h .Mav, 1891, long antecedent to (he 15th June, to stop killing when 7,50u had been taken— an order obviously in keeping with the agreement come to preliminary to the signing of the modus livendi, that on the President's suLigestion (he Company should be permitted (bis year to take 7,500 skins and no more, and these only for a specific purpose. Summary, 24. Mr. Blaine wrote on the 4tii May, 1891: " The President cannot leave; these wortliy and innocent peojile to the hazard of starvation, even to secure any form of agreement with l^ord Salisbury touching seal life." The President therefore suggcst^s and Lord Salisbury accepts, the jiroviso that the Comjiany should bo allowed, in the \\ou\, of the President, " to take a sufficient number of seals, and no more than sufficient, to 97 recompense the Company for their outlay in likinjj care of tlie natives." Major Williams, the i)articularly able Treasury Agent on the islands, was jjiaced in a position of much complexity and dilficulty, and derided to tiu; best of his judgment. Indeed, every one concerned lins acted in perfectly j!;ood faitli. It was cnfTrely due lo the incafrreness and misunderstanding of instructions that tlie remarkable results above ilctailed have been Itrought about. In a word, the Company receives skins of a maikct value of 30,000/. to defray oxpcnses not exceeding 1,000/. The (iovernuient secures a tux revenue of 30,000/. to meet expenses not exceeding 4,000/. 25. It is a matter for much satisfaction that there are tiius .secured funds more tlinn ample to ))rovide for " tlu- subf^istenco and care of the natives." It is a matter tor regret that when, witli a view to tlu: i)reservation of seal life, an agreouu-nt had heen come to to prohibit for this year, so far as possible, the killing of fur-seals, tliere should have oeen sanctioned on the I'libylotf Islands tlie killing of i,500 .seals iu excess of the very liberal limit permitted under the Agreement. The dispo.sal of the excess of skins thus obtained is a matter for the immediate consideration of the Governnieiits concerned. ^Signed) GEORGE BADEX-POWELL. August 10, 1891. f) No. 144. . The Mai(]uis o/ Salisbury to Sir J. Pauncefole. (Telegraphic.') Foreign Office, Ortoher 20, 1891. I HAVE received your telegram of the 19th instant, containing the text of two alternative clau.ses suggested by the United States' Government with regard to the submission to arbitration of claims for couipensation arising out of the killing of seals in Behring's Sea. You are authorized to accept the second of the two clauses proposed. No. 145. Sir J. Pnunccfotc to the Mar(piis of Salishunj. — {Received October 20.) (Telegraphic.) Washington, October 20, 1891. l{l']KEI{iUN(J to your Lcu'dship's telegram of to-day, I presume that there is no objection to the Joint Commission .\rtiele being also signed by me. No. 140. T%f ^fartluis of Sulishunj to Sir J. Pauncefote. (Telegraphic.) Foreign Office, October 21, 1891. "iOlI are o)ithorized to sign the Article providing fur a Joint Commission to investigate the facts relating to seal life in Behring's Sen, as suggested in your telegram of the 20th instant. No. 147, Sir J. Pauncefote to the Maryuis of Snlisbunj. — {Received October 22.) .My Lord, iVashington, October 12, 1S9I. IN my despatch of the Ith September last I had the honour to report tliat, in accordance with your liordships instructions, 1 addressed a note to the United States' Government call; g their attention to the violation of Article 2 of the Behring's Sea Agreement for a modus riiendi, signed on the 15th JuiiO last (which limited the killing of seals on the islands until .May 1S92 to 7,ii00), and exprcssiing the conviction of Her Majesty's Government that the President would not countenance any evasion of the true spirit of the Agreement, and would take the necessary measures to insure its fltriet obserrancc. [672] O k . k C '€:■ I 'wjw^m a!ii|!!J!,Wl!",U II m I' -', 98 I have now the honour to inclose copies of that note, and of the reply of the United States' Government, which I received on the 10th instant. In transmitting^ tliesc documents I venture to suhmit to your Lordship the following observations. No question can reasonably arise as to tlie meaning of the Agreement as understooil by (he two Governments. Your Lordship will remember that Avheii Mr. Blaine liist proposed a reservation of the right to kill a limited number of seals on the islands tor the oaro and subsistence of the natives, I objected to the suggestion as dotractinir fioni the principle of equality which wiis a feature of the original proposal. Mr. Blaine, in his note to me of the 4th May, 1801 (of which a copy was inclosed in my desi);ii( h of the oth of that month),* dwelt at great length on the various grounds, princi- pally humanitarian, upon which the proposal was based, and concluded as follows : — •' In this exigency the President instructs me to propose to Lord Salisbury that lie concede to the North American Company the right to take a sufficient number of scaU, and no more than sufficient, to recompense them for their outlay in taking care of the natives, and that, in the phrase of the i*resident, all ' commercial killing of seals 1h" prohibited pending the result of arbitration.' " The Secretary of the Treasury has a right 'o fix the number necessary to the cml desired. After full consideration, he has limited the number to 7,')0() to be killed liv the Company to repay them for the outlay demanded for the support of the 300 peojiK' on the Piibylofl Islands." Ilor .NIajesty's Government consented to the reservation, on the terms and for tlic purpdses above mentioned, and, in the course of the further negotiations, tliey pointiMJ out tliat " it was on the fidelity with which the condition of not killing more than 7.-"''l'» seals was observed that the eeiuality of the proposed Agreement depended,' Tliev therefore asked for facilities for the supervision by British agents of the proceedini,'s of the Conijjany on the seal islands. To this the Acting Secretary of State, in his note to me of the 0th June, 181)1 (of which a copy was inclosed in my despatch of the !)th .luni », replied as follows : — " He" (the President) "directs mc to ask you to remind Lord Salisbury that tlic limitation of tlie killing of seals upon the islands is absolutely within the control of the United States as a daily count is made by sworn officers, and to inform him tli;it already, in order to insure such control pending these negotiations, the agents of the Treasury Department who have been dispatched to the seal islands have been insfructcil to stop the killing when 7.500 have been taken, and to await the arrival of furthor orders: though, ordinarily, the taking of seals on the islands does not begin until about the 1st duly. The enforcement of an agreed limitation being so fully in the control of the United States, the President is sure that Lord Salisbury will not question tho absolute good faith of this Government in observing its stipulation to limit the catch to 7.500. •' The two Governments therefore agreed that, up to May 1P02, only 7,500 se.iU should l)e killed for the support of the JiO" peo])le on the Pribylolf Islands, and thai ;il! "commercial killing'' (to use the language of Mr. Blaine) should be stopped. It is important to note that the agents of the United States' Treasury Department, who liml been ilispatched to the seal islands long before the signature of the Agreement, li;iil been instructed as far back as the 27th May "to stop the killing when 7,500 had lucn taken." The following are the Articles of the Agreement relating to the restriction on tlic killing of seals : — " 1. Her Majesty's (tovernment will prohiliit, until May next, seal-killing in that part of Beliring's Sea lying eastward of the line of demarcation described in Article 1 of the Treaty of 1SG7 between the United States and Russia, and will promi)tly use its best efforts to insure the observance of this jirohibition by British subjects ancl vessels. "2. The United States' (Jovernment will prohibit seal-killing for the same pcrioil in the same part of Beliring's Sea. and on the shores and islands thereof the jiroperty of the Cnited States (in excess of 7,500 to be taken on the islands for the subsistence and care of the natives), and will promptly use its best efforts to insure the observance of this nndiibition by United States' citizens and vessels." It is diflicult to understand by what process of reasoning the United Stato>' Treasury Agent at the seal islands can have come to the conclusion that he "as authorized under the above Agreement to permit the killing of 12,071 seaiH. Sir George Baden-Powell and Dr. Dawson, the British Commissioners sent to Beliring's Sea, in a telegram from the PribylofI Islands dated the 5tb August, reported • See " United Stalet No. 2 (1891)," p. 8. . . . ; I' 99 to your Lordahip that this year's catch of seals had already considerably exceeded the number of 7,600, the limit fixed in the Agreement ; and, in a despatch of the same date, • hey stated that at St. Paul they had been informed that the Treasury Agent had been instructed, as far back as the 27th May, to keep the quota of seals taken by the ( 'ompany under 7,500, and that en route to the islands he was advised by telegram to interpret his instructions in accordance with the United States' Proclamation, which inl)odied the Agreement of the 15th June verbatim. Tills accords entirely witli what is stated in the Acting Secretary of State's note to me of the Cth June, which I have ([iioted above. 'I'he Hritish Behring's Sea Commissioners, in their despatcii above referred to, state that the Treasury Agent, Major Williams, arrived at the Pribyloff Islands on the lOtii .lune, and that, on tlie tiOth June, the quota of 7,500 seals having been killed, he hioppid all furtiier killing for the Company. Up to the 20th June, therefore, the 'IVcasury Agent entertained no doubt as to the limit of seals to be killed, and as to his instructions and his duties under the Agreement, It was only when a copy of the President's Proclamation arrived at the islands on the 'Jnil July tliat he entertained doubts as to whether he ought not to allow 7,500 seals 10 be killed from and after the IStli June, the date of the signature of the Agreement, iiiuoring all the killing of seals which had taken jilaco prior and up to that date. On the L'.'jth July he imparted bis doubts to the British Commissioners, who replied, on the ■•-Oth, in writing, that, in their opinion, the intention of the two Governments, as eonveyed by Article 2 of the modus vivendi, was that, on the part of the United States' (iovernment, the stipulation would be strictly observed to limit the catch this season to 7,500 seals, and to stop the killing when that number had been taken. A copy of that letter is inclosed in the despatch of the British Commissioners. Nevertheless, Major Williams read the Agreement otherwise, although it in no way louflicted with his previous instructions, but, on the contrary, entirely confirmed them. The consequence of this proceeding on his part is given in detail in the reply of the United States' (rovernment to the complaint of Her Majesty's Government. The numbers of seals killed arc as follows : — From 1st May to 10th June . . From 1 Ith to 15th June .. From IStli June to Und July •• From 2nii July to lOth August IVrmissioQ given to kill in uddilioa Total 1,051 2,920 4,471 1,796 1,233 12,071 The United States' Government do not in terms deny that there has been a violation of the Agreement. They content themselves with transmitting the explanations of the Treasury Agent, and expressing the hope that they will convince Her Majesty's Govern- ment that there has been no disposition on his part to violate the stipulations of the Agreement. I hare, &c. (Signed) JULIAN PAUNCEFOTE. Inclosure 1 in No. H7. Sir J. Pauncefote to Mr. Blaine. Sir. Newport, R.I., August 26, 1891. IN accordance with instructions which I have received from the Marquis of Salisbury, I have the honour to inform you that the British Behring's Sea Commis- sKiners have reported, in a communication dated from the seal islands on the 5th August, that they find that this year's catch of seals already materially exceeds 7,500, am? that the United States' Ageiit permits the killing of seals to continue, as.,uming that the limitation agreed upon commences from the date of the signature of the modua ilvendt. ... In bringing this information (o your notice, I am at the same time mstnictcd to express the "conviction of Her .Majesty's (lovernment that the President will not rountenanee any evasion of the true spirit of the Agreement, and that he will take uhatever measures appear to him to be necessary to insure its strict observance, I have, &c. . - . (Signed) JULIAN PAUNCEFOTE. [572] i ',' >'. • ,ivr — t.j* :, h ■ I :'■ - i:|l» IS S! iMt 100 Inclosurc 2 in No. 147. • ' Mr. Wharton to Sir J. Pauncefote, Sir, Department of State, IVashinglon, October 10, 1P91. IT is a source of rofjrct that iiii aiiswor lias Ix'cii so lonj? delnyod to your note of the 2Gtli Au;,'ust last, relatin;;: to tlic eoniiMunieatiou of the liritish Hehrint^'s Soa Commissioners as to the allejjed killin<;' of seals on the seal islamls in cxecss of tli(> nunilier fixed hy the A;,'roenicnt of the I Ath June last. This delay has heen occasioned hy tlie necessary of receiving from the United States' Agent in charge of the islands a full Report on the suhjijct. The Agent reports that he reached the islands on the lOtli day of June last; that from the isf .lanuarv to the 1st May, 1S!)1, no seals were killed on the islands; uiid that from the 1st .May to the lOth June, the date of the Agent's arrival, there were killed hy the natives for food 1,651 seals. On the morning of the 1 1tli June the Agent gave permission to the lessees to commence killing under the Contract with the (Joverii. ment of ths United Slates, and he states that, from the 1 itli to the l.'ith June, 2,9j0 seals were killeil ; and that, from the 16th Juno to the did July, the date of the arrival of the steamer ''Corwin," hringing the Proclamation of the President of the United States, containing the notice and text of the moilun virendi, there were killed 4,471 seals. From the 2nd July to the 10th August there were killed, for the use of the natives a-i food, 1,7',)G seals; and, on leaving the islands, the Agent gave instructions to limit the numhcr to be killed by the natives for food up to the 1st May, 1892, to 1,23.'}. The instructions of the Secretary of the Treasury to the Agent, received hy the steamer " Corwin," were that, i*" in any way his previous instruetions were inconsistent with the President's Proclamation and the Agreement embraced in it, he should bo governed hy the latter. The Agent reports that, after careful consideration of (he text of tie Agreement, he decided that the .seals killeistence of the natives. As stated, there only remained 3,029 .seals to be taken for their subsistence from the 2nd July, 1801, to the 1st May, 1892. The Agent cites the fact that, from the close of the commercial killing season of 18!)0 on the 20th .liily. there were killed by the natives for food up to the .'Ust December, IS'.li', 6,218 seals, including r!,4(i8 pup seals, the further killing of the latter being nnw prohibited. It wns jilain to the Agent that, under the construction which he had placed upon the modus virendi, the supply of meat for the natives during the coming winter would be entirely inadequate, and' before his departure from the islands he called upon 101 the lessees to brinj,' in a siifTieieiit supply of suit I)ocl" to carry (he natives through the winter and up to the Ist May, IS!)2. The Ayent lind no means of (ietetniiiiin^ the scope and nienninj? of tlie phrase of the Ihitish {'omniissioners as u^ed in your note. " tiiis year's catch." or " the catch of lliis season," as used in their coinmunication to iiiin dated tlic 30th July, except hy the interpretation to he y;iveii to the text of tiie modus rivrndi, as contained in i)araj^raphs 1 :uid '2. 'I'lie " same perioil," found in para.ifrapli 2, he uuilerstood to refer to the period uithin which the British (Government undertoctk to prohiljit soal-kiilinijc '" Helirini,''s Sea. I'Ih' Urilish Commissioners informed tlie Aucnt that, as to the British (iovcrnment, this period did not Iicgin until a rea;5()nahle time after the lotii June (the date of >i!jning), siiliicicnt lor the naval vessels to reacii the si-a. The ^\!;ent interpreted the paranraphs cited as mutually himlinir, and he could not assume that it would he claimed that their I'rovisioMs were to take ctfecl on otic date in the interest of the British scalers, and on ^mother in tiie interest of the I'nited States. I have thus taken pains to communicate to you in some detail the action of the Airent of the Tnited States on the stihject compliiined of hy the ISritish ('ommi.-sioners, ;ind ! hi)))c what has heen set forth will convince your (Joveriiment that there has heen no dis])osition m the p.'irt of the A^eiit to evade or violate the stipulations of the Agreement of the loth .hiuc last, 1 have, &e. (Si-ncd) WILLIAM F. WHARTON, AclitKj Si'crdiin/, No. 148. Str J. Pauncefote to the Marquis of tSalisburi/. — {Receiveil October 22.) My Lord, Wasliiiujton, Oclolwr I'd, IS'.H. WITH refercnco to my tclestram of yesterday, I have the honour to inclose copy of a semi-oHicial note which I have received from the Acting Secretary of State pre^sins; for a reply to his note of the 'J-'3rd -Inly last, which contained the form of clause pro|)osed hy the Tuited States' Government for the settlement of claims for (lamnjies to he inserted in the Htdiriug's Sea .Vrhitration Agreement, together with u copy of the scmiolhcial note which I have sent him in reply. I liave, &c. (Signed) JULIAN PAUNCF.FOTE. Inclosure 1 in No. 14S. Mr. H'liarton to Sir .1. Pauricpfote. My dear Sir .Julian. Dvpartmi'iit of Stale, WashiiKjton, October 1:7, 1891. ON the 2;ird July last I wrote you a note ])resenting a pro])osal for the >ettlemcnt iif claims for damages, which was to form pait of theproposed Agreement of Arbitration !if certain matters affecting the stsal lisheries in Behring's Sea. Ou the 2i'nd August I wrote recpicsting you to he kind enough to inform nie when .111 answer to my i\ote might he expected. On the 21th August you wrote me ackiu)w- Vilging the receipt of mine of the 22ud August, and expressing the hope that you would ill' in a position to rei)ly to my note of the 2!3rd .luly in the course of the next tow days. More than ten weeks have elapsed since sending you my note of the 23rd .July, and no answer to it has yet heen received. The President is very desirous to have a conclusion reached in the negotiations f'oncerning the Behring's Sea matters, and has requested me to draw your attention ;iL;ain to the importance of an early reply to his latest proposal. The period fixed hy the .\grecment for a moihis viveiidi expires on the 2nd ISIay I'i xt. The time within which it is hoped to ohtain a final settlement of the (piestions in liisputc hetweon the two (Jovernments is fast going hy, and the President feels that if liny efl'ective .action is to he had in the matter hcforc the next fishing season opens, all tlic terms of the Agreement of Arbitration should be disposed of inunediately. Verv truly yours, (Signed) WILLIAM V. WHARTON. 1(1 'ill 103 Inclosurc 2 in No. 148. Sir J. Paumrfutt to Mr. fVharton. My Hoar Mr. Wlinrton. IVuKhington, October l',\, I8f)l, ON ri'ciM])t of voiir lottor of vostorduy a.skin^j for u reply to your note of the 'JUrd .hily lust, coutniiiinij a form of clauai- propcsetl liy your (Jovernineiit to he inserted in tiio lU'lirini^'s Soa Arliitratiou Ay;ri'i!mont, to settle tlie lon^-debated (ine-ition of daniai;es, I tele>;raplieil to l.ortl Salisl)ury for further instr'jctions, informing hint nf the substance of your eoininunieation. 1 understand th;it his Lordship is expected in London thia week from the soutli of Europe, and I shall probably, therefore, receive an answer to my telegram before iniiny days. Although, as you observe, more than ten weeks liave elapsed since the date of Muir ollieial note aliove referred to, I neeil hardly remind you that the intervening time Ims been taken up with informal discussions between us with a view to lindinj; a solution (it the (litfieulty without unduly lengtiicnini; the otiicial correspoiulcnee. This informal intercbaiijre of views, which, no doubt, had the approval of the President, has not lioen without advantai,a' in tiirowing liuht on the troublesome (pu'stion which Htill impedes (he eonchibion of tiie Agreement, and 1 now hope I may soon be in a position to resume the oQicial correspondence. I am, &c. (Signed) JULIAN PAUNCEI'OTK w No. 149. Sir J. Pauncefote to the Marquis of Salisbury. — {Received Or ,er 23.) (Telegraphic.) Wanhinyton, tober 23, 1891. WITH reference to your Lordship's telegram of the 20th instant, formal notes have been exchanged between Mr. Wharton and myself recording the adoption of the seven Articles of the Ik'bring's Sea Arbitration Agreenient as formally settled by both Governments. Coi)ies are sent by post. ^^1 No. 1/50. The Marquis of Salisbury to Mr. Howard. Sir, Foreign Office, October 2'S, IS!) I. WITH reference to your despatcli of the 29th .Inly last, I transmit herewith a copy of a despatch from the Behring'.s Sea Commissioners recording their high appreciation of the manner in which they were received l)y the Kussian authorities at the Commander Islands and Petropaulowski.* I have to request you to convey to the Russian Government the thanks of Her Majesty's Government for the courteous reception accorded to the British Commissioners by the Kussian officials. I am, &c. (Signed) SALISBURY. 11 Ml ■i?| I i: si'f !r No. 151. Colonial Office to Forciyn Office,— ^{Received October 27.) Sir, Dovnintj Street, October 20, 1^91. WITH reference to previous correspondence, I am directed by the Secretary of State for the Colonies to transmit to you, to be laid bef()re the Marcpiis of Salisbury, a copy of a despatch from the (ji)vcrnor-(ietieral of Canada, inclosing a Memorial to Lord Salis'uurv from liic liritish Columbian Sealers' .Association. I am, &c. (Signed) ROBERT G. W. HERBERT. No. 140. 10.3 Incloaure 1 in No. 151. Lord Slrnlnj of Pre»ton to Lord Knuts/nrd. ^'^' ^,^'*I'..,., , , ('f»'''rnmrnl llnus,; Ottaua, October a, imi. 1 IIAVK the honour to tninsnnt to your Lordship heri-with a copy of nn approved Minute of the Privy Council of Ciuiacla.suhmittin:,' a Mi-tnorin! address,.,! to Her Majesty's lViri,-ipal Secretary of State for Koreifin Affairs i.v the Si-aUr,' Association of Victoria with reference to the loss occasiontxl to Canadian vessels hv reason ,.f the eiiforeetnont of tli,> modus rwrnd,, together with copy of the reply of the Minister of Marine and risiicrius to the representations of the Association. I huvc, &c. (Sipncd) STANLEY OF PRKSTON. Inciosure '2 in No. 151. Rfport of a Committee nf llir Ifnnonrahle the Prir\i Cnuticil, approved In/ liis- Excellency the Governor-deneral in Council on the 'JOtli iiepteinlirr, lai)!. ON a Report, dated the lOtli September, 1891, from tiie Minister of Marine and i'isiieries, statin}? that he lias received the appended letter from Mr. lliclianl Hall, Secretary of Victoria Sealers' Ass,)ciation, coverni;,' a Memorial signed hv tiic owners, manafiing owners, and agents of the Canadian MydVins, fleet, rJdressed "to the lliijlit Honourable He;- Majesty's Principal Secretary of State for Foreit,'n Affairs. This Memorial represents the position of the Cana,iian sealin;; fleet as afiectcd by the modus vivendi in Hehr.'')L,''s Sea ,lurin}{ the present season. 'Ihc Minister also submits a copy of his answer to the Secretary of the Association tliereto. The Committee, on the recommendation of the Minis'cr of jMarine and Fisheries, advise that your Excellency be moved to f,)r\var,l copies hereof, together with the Memorial in que lon, to the Right Honourable the Principal Secretary of State fur the Colonics, for the intijrnmtion of Her Majesty's Government. All which is respectfullv submitted for your Excellency's approval. (Signed) .JOHN J. McGEE, Cleric of the Priri/ Council. Appendix (A). (lj/ifehrii)t;'s Soa, and eonse- iliiriiily without any eateh at all, anil other.-- very .shortly after enterini^, when their eateli was .small — -I'lue are now returniii',' " ith full averaj;i' eatehes, whose claim will ciinsiMjuenlly lie nil, and it is to be I're-iumed tiiat many olhiTs may follow, e(|ually fortunate, so that in all pmlialiility the amount r-iuired to meet our claims, allhou^;h to us i>f very material impertance, will to the lUitish (iovcrn- iiM'iii he comparatively insi^niliiant. 3. We cannot, of cdurse, i,'ivc> a comiilete li.si of our e.\act claim.s tnitil all our yi'ssd.s have Tfturtied, but will then forward ihcni pnimptly. 4. I'ermit me to remind you ihat in I.SS5. when the Canadian f'loyernmeiit excluded the 1,'nited J^tiUcs' fishermen from partici[iati.in in Canada tisheriiw, six months' notice was ijiveii, whereas no such I'uurie.sy was extended to us, Ti, I am further directed tol)le tlio Marijuis of Salisbury, K.(5., Her Majesty's Principal Secretary of State for J-'urei^n Affiiirs, I'loniier. The liuiiible Menioiiul (if the uudersiguetl British Columbia Ship-owners interesttJ in Fur-seal hunting, Most respeptf\illy slieweth : That your iiicmnrialists desire to approach your Lorilship with a-ssuraiices of their loyalty to tlie British ("rown, their nttaehiueiit to the institutions of their cnuntry, and their personal resju'i-t for your Lonlsliip. Tliat. rhiMisliiii;^' sucli sontiiiii'iits. your inniiKiri.iiists liave viewed with suqirisc and pain tliu recent action of the IniiKTial (!i>verniiieiit in ilealiiiL; with their interests. That an Ait ]irohilpitim,' fur-seal Iniutiu;,' in I'lehrini^'s Sea has been passed thriiu;,'h rarliaiiii'iit, and has reeeived the Iliyal Assent with unusual haste, whose eflVet has Iwen to protect a larj;o politico- commercial nmnopoly, belonging to a foreign State, at the expense and to the serious detriiueiit of British interests. That ymir memorialists regret that you can have no confidence in the sincerity of the United States' (bivernment in desiring the protection of fur-seals, inasnuieh as they have never mailc nnv effort to jirescrve animal life from tlie licence of their own citizens. That at the jirescnt time they are conniving at tlu! extermination of the whale and the sea-otter, Canadian tishernien having' no part or share in those industries, and that your memorialists confidriitlv believe tiiat, had not Canadians siiared in the fur-seal fishery, no complaint oi extermination wculd ever have Iteen heard of by tin' ]iublic. That such (ioverninciit, judged by its actions, has established little claim to any generosity or forbearance on the jiart of the British, but more es]ieciall> of the Canadian people. That the alle;,Mtion publicly made by a ]ironiinent statesman that the Victoria, British Columbia, fur-seal iu'lu'^try is lar;,'ely conducted liy American capital and enterpri.se, is, .so far as your memorialists are con<'erned, absolutely erroneous and "vilhout foundation. That your nn'moriali-^ts have seen, with Ininiiliatiou and sorrow, the flag of thei' country, to \slu(h thev have ever been accustonu'il to loiik for ])rotection, ]tervertcd on the behest of a foreif^n I'owit from its legitimate functions into an instrument of ()]ipressi(in, and your niemoriali.sts have lieen driven from their lawt'ul avocations on the hiirh seas with the loss of the entire season. That in the year 188() vessels, the property of your memorialists, were seized by the American crnizers on tlie high .seas, upwards of Gd miles distant from land, their jirojierfy confiscated and iWir crews imprisoned, the hardships and cruelties (unworthy of a civilized nation) siilfered by them resulting; in the death, during his custody, <^f the captain of one of the vessels, and that to this day the losses and indit'iiities endured by your ii.'einorialists remain unredressed. That the alleged diminution in the number of ,si>als is, if true falthough every evidence proves the contrary), far more likely to have re-suited from the operations of the lessees of the PriliylofT Islands in slau_'litcriM;i them liy hundreds of thousands at their breeding-idaces, than from the comparatively insigniticant opi'ratimis of your memorialists, scattered over a vast area of the I'acilic Ocean. That under .'ill the cireunistani'es of the case, your memorialists having l*en deprived of the profits of their whole season's business, for wiiiidi they were permitted to cliMr at liritish Custom-houses, most earnestly ajipeal to your Lordshiji's sense of right and justice to grant them com])eii.satii.n for their losses. That it is till- custom of the trade to jiay hunters engaged in it at a rate of so much per skin for all skins taken, and sailors at so much per month, the voyage generally lasting until alwui tlie end of September. That many of your memorialists' vessels have been in port for weeks, tlieir voyage enrr .'U>, IMH. NVl'I'll reference to v(u;r drs-p-^tcii of the .')th Aiisp,itch Ironi Her .\!t,«iesty'.s .Minister at Washin'.:ton,* incioMns; correspondence with the United Stall s (Jovernincnt, respectimc the numher of seals kiliod dm in-.: the recKMit fishing season in Hehrimr's Sea. I siiall be glad to receive any observHlions you may have to make on this de«|»atx;h. I am, &o. (Signed) SALISBURV, • No. W, 107 No. 155. Foreign Office to fiir G. Iiaden'Powell. Sir. Foreign OJfire, October 30, 18U1. I AM directed l)y the Marquis of Siilisbury to arknowlcdu'e tlie receipt of your Mcmoriuidiini, dated tiu' li ot' Ibitish Columbia viz.: I'oit Simpson, Mctlakatla, Port Kssingtoii. r\lasset i,tiiecn Charlotte Mand- i, Inlla Hella, Nawilhi, I'la;, iijuot Soimu, and Darclay Souud, A here, by personal imiuiries. we amiditied the written ^tateaicnts wiiieh. in eompliaoce 'Mth our previous request, hud been foiwarded to Us by thi' various Indian agents on lie coast. 4. We have thus been enabled to acquire a direct knowledge of I lie lur-sealing iiuiiistry, both past and present, as it alU'cts the Indi.iiis of Sonth-rast .\laska anil British Cilumbia. .^1. We also visited the Indian Settlement at Neab Day, on the American shore ot the Straits of Fuca, wjiere we obtained valuable iiiformation. t'.. Ueaehini,' i^squimalt on the .Stl. October, wv reported our arrival to the I I inauder-in-cliief on the I'acilie Station. 7. While at Victoria and Vancouver deputations from the Sealers' Associations luct e, and from ticm and liom otheis wc made final iiupiirics in order to obtain authoritatively iIk view.s of all person- connected villi the tur-seal fishery on the iaels of seal life, and on 'ia. protective measure- lo wiiieh thi'V would agree. [572j F8 Ill I'J il- 108 8. We also paid a special visit to the American port of Seattle, the chief centre of the American pelagic scalini; industry in I'lit^et Sound. 9. Such is the record of our local incjuiries in the North Pacific Ocean, in wliicli we availed ourselves of every known source of information likely to assist us in arriving at sound conclusions. 10. We now proceed direct to Ottawa, completing our Report to Her Majesty, and awaiting further instructions. We liave, &c. (Signed) GEORGE BADEN-POWELL. GEORGE M. DAWSON. No. 158. The Behring's Sea Cnmmissioners to the Marquis of Salisbury. — {Received November 2.) My Lord, Port William, Ontario, October 10, 18ltl. WITH reference !o your Lordship's despatcii of tlie 12tli Septeinhcr last, rcspectiii;: the lindtation of the number of seals to be killed on the Pribyloff Lslands this year, \vc iiave the honour to iniorm your Lordship that on the ISth instant we received a jiiivate letter from Sir Julian Paunecfotc informing us that "The United States' (jovcrii- nient have replied to our'' (Her Maiesty's (kivernnienl's) "coni|)laint of the violation oi the modus vircndi. They admit that Major Williams allowed no less than 12,071 seals to be killed. They do not say that they approve his ciction, but they merely give his explanations, and hope Her Majesty's Government will be satisfied that he had no disposi- tion to violate the Agreement." Major Williams informed us on the islands epr'y in August that nearly 9,000 seals had been killed by that date, and that the killing would be stopped until the "stagey " season was over, but resumed in October. Wo therefore assume that ;},000 of the 12,071 are to be killed this autumn, and have this day addressed to your Lordship a cypher telegram ol which the foUowinL' is a paraphrase: — "October 19, 180i. " Sir Julian Pauncefote informs us that the L'nited States' Government admit that permission has been given to kill 12,000 seals on the seal islands this year. \\c understand that about .'3,000 of these remain to be killed this autunui ; wherefore we hope that the United Slates' (iovernment have agreed to send instructions to the islands to stop killing at once until May 1392. — Pal)i;n-Po\vi;ll." We noticed in the newspapers a report that the United States' rcvenuc-cruizcr "Rush," on arrival at San Francisco, was unexpectedly ordered to return to the Pribyioli' Islands in the early part of October. The United States' Government thus had an opportunity, of which they (jossibly avaihul themselves, of sending to the seal islands the necessary orders to sto|) all further killini; this year. We can hardly suppose that they would neglect so good an occasion, at all events to mitigate the effects of the misunder- standing of clause 2 of the modus livendi, but we had ourselves no inlormation as to anv sue!) aetiv)u having bei n taken by the United States' (iovernment. and as Sir .Julian Pauncefote did not mention the point wc lelt it our duty to at once communicate onr views by te!eu'ia|di to your Lordship. We have, &c. (Signed) CKORGK PADEN-POWKLI-. Gi:()RGE M. DAWSOX. No. 150. The Bvhrinfj's Sea Commissioners to the Marquiji of Salisbury.— (Received November 2.) My Lord, Ottawa, October 21, 1891. WE have the honour to transmit, for your I-ordship's consideration, a copy of a Memorial which was handed to us on the 14th instant by the Sealers' Association ot Vancouver, stating their special claims for compensation on account of the Proclamutiun issued lor this year against the taking of fur-seal in Behring's Sea. Wf 109 We informed the Association that the suhjcct was one outside the precise scope of our Commission, but that we would iiave pleasure in laying the Memorial before your Lorc'sliip. We have also, in compliance with the request of the Sealers' Association, transmitted a copy of the Memorial to the Governor-GcncrnI of Canada. We have, &c. (Signed) Gl'ORGK BADEN-POWELL. GEORGE M. DAWSON. Inclosure in No. 159. The Vancouver Sealers' Association to the Behring^s Sea Commissioners. Gentlemen, \_No date.l WE, the undersiiincd owners of the scalin;^ fleet of the city of Vancouver, have the honour to make the li;lio\ving rcpresontaticns : — That while all owners of se.ilinsi-vessels in the province must have suffered from the operation of the modus limdi, we, tlie owners of the scaling fleet belonging to the city of Viiiicoiiver, have prohably felt tlie hardship the most severely from the reason that the industry is entirely a new one, the whole fleet of vessels having been built within the last tew months, and c(iuippcd by us for the sole purpose of proceeding to Behring's Sea in the past season. That at the commencc-ment and durinc: the construction of these vessels we had no reason to su[iposo that any restriction would be placed upon their movements. Tliat having completed them, we in good faith went to the great expense of fitting them out for the tisheries, and in fact bad no intention [? intinsalion] of the ett'ects of tlie modus I'ivendi until after tiieir arrival in Behring's Sea. That the industry being a new one witii us, and not having the profitable results of previous years as an ofl'set, we, as before stated, are the greatest sufferers by the action of liie Government in this respect. We would also call your attention to the fact that the hunters employed in the above- named vessels were engaged for the voyage, ami received no other recompense than an amount per skin saved, as agreed upon, and consequently they have made a claim upon the owners for compensation based upon earnings of former years. We have not tbouglit it necessary to burden you with further details of our rase, as you must be already fully cognizant of it, but shall he glad at any time to supply any information in our power. We have, &c. (Signed) D. OPPENIIEIMER, President. (And others.) JSo. HiO. Sir J. Pauncrfote to the ^[arl|^tis nf Sulisbunj. — {Received November 2.) My Lord, irashinr/ton. Ortohrr 2^, IS'Jl. WITH reference to my telegram of the linh instant, 1 have the honour to inclose copies of notes \\hich I have exchanged with the .Acting Secretnry of State, recording the adoption by both (Jovernments of the seven Articles of the Behring's Sea Arbitration .Agreement as finally settled. Mr. Wharton informed mo yotevday that the President is of opinion that no formal in.strument should be signed until all the other ])rovisions relating to the number und choice of Arbitrators ami the time and place of their sitting, ^Vc, have been .settled, -0 that the whole nuiy ho embodied in a Convention to hi> lai President. I have, &o. (Signed) JULIAN PATTNC'iFOTE. '■ f^A I'-IIW.,." J .1,11., .4-^JU_,JB!5 - ^-i-VJ,^? 110 Inclosure I in No, IGO. 3/r. Wharton to Sir J, Pauncefote. ■* 1 ! m 1 1 'i f h !: Hi ' A ili; Sir. Di'imrlmrnt of Stair, IVashiurjton, Ortohfr 22. Ififll. ( HAVE laid before tlio President your note of the IVth instir.it, iind he direct.s me to ex])ross liin rofrrct that your Covornment has 'lot .-^oen tit to accept tiie niodilicd lonn of the 7th chuise whidi was ])ro])osed in my not of the --''rd .hily last. 'i'liis inodilicaiion of the claUM' in ([uestion was inatio with a view to ol)viate tlie olijection iiv^;cii in your nute of the I'Uli July, and ihc I'rcsident is unable to see how il can be lield to imply an admi.ssion on the part of (Sreat Ihitain "of a doctrine re.speetintr the liability of ut it is the more imporiant and dillicult queation of liability respectini; which the two Govornments tind it necessary to invoke tiie interposition of impartial arbitration. It was not the intention of this (lovernment to rcijuiro of (Jreat Britain any ;uhnission of liability foi' the acts complained of, but it has felt that if the arbiuation was to result in a full settlement of the dili'erences bet'vieii t!ie two Clovernments. the que.-tiim of respective liability for these acts bhould go to the Arbitrators for decision. In the ii *'ormal Confereuci-s which have taken place between us since the date of my note of the "J^inl .inly, yon uili rememl>er that I have solicited from you any suirircs- tions in support of the objection tiial the nioditied clau.->e as-unu's a liability on the imrt of your ( lovornment, havin^i^ in view on my ])art an amendment id' the i)hraseoloe, as proposed in my note of the i!.'ons actin:;- uudc! the protection of the lirilisli flai.'' .shall not lie <'onsidereil as imp'yinn' any admission on the part of the (Jovernment of tireat Britain of its liability for the acts of it^ nati(uials or other persons sailinir under its lla;^." We i)a\e how bri'ii inl'oinied by'.ou that your (Jovernment is unwilling' to ac^ipt the dau-e even with ibis addition by way ot auiondment. Wbeii in your note ol" the 21sl l'V'l)riiary la^t you connnunicated the desire of h"i\\ Salisbury .'or a •• rel'ereuce to the Arbitrator of the (piestion of damajjos due to pen-ou'' uiio have liet'U injuri.'d, v.\ case it should be delermined by him that tiu' action of tlje rnitfd States in se'zinn' liritisli vosels iiad been without warrant in international law," the rreiidenl clieerluliy acceiiti d the sua;;x'stioii, and, coupling- with it the claim of damages prel'erred by the I'nited States, ])roj)osed to suiinit both (piesiions. as |iresentt'(( by the re.-pective (iitvernments, to arldtration, thus makiii;^' a complete and llunl settlement of a'l liitreriiices between the two (Jovernmenis connected with the siiil tishericM. To withdraw this coin|irelu'n>ive'subnd.s>ion of speciiunl claims, and substiiutc for it a mere reference to the Arbitratm- of (piestions oi' facts touching the same claims, I'lhicii are m)t to be held bimlinii' upon either ( !overnmi>nt, as yon projiose, is. in the opinion oi the I'roident, an imperfect, ami, be tears, may prove, an inetl'eciual di.-poM- tion of the ipiotion of claims, JUit havinn' tailed in his cttbrls liy nmditieatioii :iMil amendment to secure the accei»tanc(> by your (lOvernment of the clause for a full adjiisi- ment uhmii fo ihc Arhilrators anv (iiu-stiou of t'acM involved in said (• aims and ask (or a linilin;;' llioroon, tlu' (|in-!ion oi' t'jio liahility ol' either Govcrijuicnt upon llie iiU'ts I'ound lo be llie suhjcet oi furl her nej^otiation." I have, &c. (Signed) W. P. WHARTON. Inclosuvc 2 In No. iGO. Sir J. Piiuncvfoir lo Mr. Whnrton. Pir, Wnsliiiujlmi. Oclnlwr 2^, 1S91. I li.Wl'v the honour (o neknowloiliio the rooeipt oi" vour note of vestorday's date in reply to mine of the ITlii iii>)aiit. in v.lneh 1 slated tne arounds on uhirii Her .Maje^tv's (lovemmtMil I'ound tlunnselves unahle to acofpt the form of clause relalin^; to dama;i'es, proposed in your note of the i'-"'i'd .ruly last for insertion in the nehrin^''.s Sea Arbitration A ^icemen t. In that note. I informed you that 1 hail iieen authorized by the Marquis ot' Salisbury, with a viev.- to a i)i(inipl settlement of the diliicully, to make tlio foUowin;: su!j;;j:estion. namely, that "the six Articles of tin' Arbitratimi Ac;rocnient. already accepted by both (lovernnients whould be siaiied now, and also an Article providing- for the reference to the Arbitrators of any (juestion of fact which either Goverument may desire to submit to them refiurdini;' the claims for compensation to whicl'. it considers itself to be entitled. The application of international law to those facts would be left as a matter for future nej^otiation after they shall have been ascertained, and miij:lit be subsequently referred to the Arbitrators iti whole or in part if the two (Jovermnents should airree to do so." In your imtc under acknowlediiuient, in wliicli yon reply to the above sug'gestion. ^^ou advert to the iliscussions ami informal eonl'erences, which have taken place on the subject, of the clause dealiu'x with the question of domai;'es. and you >tate that the President is Muablc to see how the seventh clau terms in which I stated g'enerally the objection of Her Majesty's (iovernment to the form of clause in question. ]5ut I am relieved from ex])lainini!: their objection in ijreater detail by the pro]toe. which substantially carries out Lord Salisbury's suggestion. You state that ti'C President ha- thouaht it best lo terminate the discussion by pro- posinir to me the follouinn' to const itnti' the text ot' clause 7 ; — "The re-pecti\e (iovernments. havini;- found liicmselvos unable to aijree n])on a reference which shall include the (pie^tion of the liability olicilous that this ^.ld)ordinate question should not interrupt or longer delay the submissimi and determination of the main que-tions, do agree that either may stdiinit to the Arbitriittu's any (pie-tion of fact involved in said ilaims, and ask for a finding thereon, the question of the liability of either (Jovernment apon the facts found to be the subject of further negotiation." I am glad to be able to announce to you that L have received hy telegraph the authority of Lord Salisbury to accept the above clause on behalf of ller Majesty's (iovernment, and, in doing so, I beg to express my gratification at this satisfactory solution of the diflieulty which has delayed the conelu.-ion of the Arbitration Agreement. r have, &c. (Signed) .TULIAN" PAUNCEFOTB. mimim 112 No. 161. Foreign Office to Colonial Office, Sir, Foreign Office, November 2, 1801. I AM directed by tlie Marquis of Salisl)iiry to transmit, to bo laid before Secretary Lord Kiuitsford. a paraphrase of a telegram from Her Majesty's Minister at Waahington,* reportini; an interview uitli Mr. IMaine res|)oetinc: tiie Hehrinii's Sea arbitration. I lis Lordsiii)) will be ulad to t)(' tavoiired with Lord Knutsford's opinion on .Mr. Blaine's sucgestion tiiat Uritisli and United States' jurists of repute, two on eacli side, should bf appointed as Arbitrators, and tiiat an Umpire sliould be selected by one of the foreiuii I'owers named. Lord Salisbury is of opinion that tlio proposal to appoint jurists as Arbitrators might be accepted by Her Majesty's Governtnent. and be is disposed to think that the choice of the foreign Power with whom tlie selection of the Umpire is to rest should be decide i by lot. I am, &c. (Signed) P. CURRIE. If No. 1G2. The Marquis of Salisbury to Sir J. Pauncefotn. Sir, Foreign Office, November 0, 1«9L I HAVE received your despatch of the 2.3rd ultimo, inclosing copies of the notes which you have exchanged with the Acting Secretary of State, recording the adoption by the liritish and American Governments of the seven Articles of the Behring's Sea Arbitration Agreement as finally settled. In reply, I have to state that Her Majesty's Government approve the terms of your note, as well as the suggestion made by you to Mr. Wharton respecting the signature of the Articles as reported in the last paragraph of your despatch, I am, &c. (Signed) SALISBURY *'■ 1 i No. 163. The Marquis of Salisbury to the Behring's Sea Commi^^sioners. Gentlemen, Foreign Office, November G, 1801. I HAVE received your despatch of the 21st ultimo, forwarding a copy of ;i Memorial from the Sealers' Association of N'ancouver, in which the latter state their special claims for compensation on account of the Proclauiation issued against the taking of fur- seal in Behring's Sea. The answer which you returned to the Association, as reported in the same despatch, is approved by Her Majesty's Government. I am, &c. (Signed) SALISBURY. I. ii No. 1G4. The Marquis of Salisbury to the Behring's Sea Commissioners. Gentlemen, Foreign Office, November G, 1801. I HAVE received your despatch of the Nth ultimo reporting your movements, in the prosecution of the in(]uiry with which you have been charged, between the 18th September and the Hth October. i have to state that your proceeding- arc ajiproved by Her Majesty's Government. 1 am, &c. (Signed) SALISBURY. • No. 156. 113 No. Ki-j. Admiralli/ to Forebjn Office. — {liircireU Xovcmher 12.) ^"'' Adiiiirnlhi, Novembrr'iO. ism. I AM coniuiandoil \>y (la- Lords ("onimissioiiers of tlie A(ltninilty to transmit, for tlie information of Hr. St-cretiirv of StiiU- for Foreifrn Afliiirs, copy of the remiiriis of the Commnndcr-in-ciiiof on tlie racilic Station, datod tho lo to charter steam-sluj) '• Danube " for the use of Sir George l]adcn-Powell, K.C.^LG., am! Dr. Dawson, Her Majesty's Commissioners. On the 27th June I proceeded to Iliuliuk Harbour, <^unalaska, after leaving onicrs for Her .^L•ljesty's sliij) " Pheasant " and steam-ship " Costa Rica " to leave for the same port as soon as they were ready for sea, and on my arrival 1 found in harbour the British schooner " IC. 1^ .M.irvin.'' which li.ad been seized l)y tiie revenue-steamer ■'Rush" for scaling in the Beliring's Sea after being \\ained. Tiie United States' force in the Beliring's Sea was United States' ships ••Mohican," "Alert," '-Thetis." and the revenue-steamers " Corwin '' and "Rush." United States' ship " Marion " did not arrive imtil the 17th August; steam-ship '• Alki" was also chartered to bring uji a detachment of marines, and they used her as a receiving-ship for the crews of captured scalers and as an escort for taking schooners, which had been seized, to Sitka. I took from the " E. B. Marvin " all tiicir guns, ammunition, and seal-skins, and bcnt her down to Victoria with orders to report herself on arrival to the Collector of Customs. [572] Q ■I ^%Im iii il I J r.l i i ' < ■M i i i f- i 114 Stouni-sliii) "Costn Kica " airivcd at Ounnla.skii on tin- l>th, Her Majesty's ^liiji "Plieasaiit " on the ll.'tli,aiul Her Majesty's hMj) " Porpoise " from tlie Cliina Station mi the 'JTtli .luly. Before leaving; Onnnlaslift I left orders for Her Majesty's sliijis "Porpoise" mihI " PlieasanI " to coa inunedialely oii arrival, and cruizr on tiie stations a;;recd iipnn (Her Majesty's sliiji '• Nyniphe " and United States' ship "Alert" on llie eastern, and Her Majesty's sliip "Pheasant" and Tinted States' ship ' .Molncan " on tliu western si(h> of tlie I'riljyloll' Fslainis"!, and seize all vessels wliieli had heen previmislv warned, lettinjx j;o with a warning: those which had not hecn hoarded before. ^^'itll tny orders, I sent to t'aeh ship a l(>tter of wandnLj, to he ;rivon to ih(< masters of scliooiuMs Ixiarded, a form of certitieate to he written in the loj^ or re^istci- ot eaeh vessel warned, and instructions for the hoarding oHicer, cojjics of all of which arc inclosed herewith. On the ll'th .Inly, after reccivinu; from I'ldted States' ship ''Mohican" a \\<\ of all vcsse'ls which had iieen warned, and <'opics of whidi I Ict't for Her ^hljl•sly's sliijs " Porjioiso !•' ;in(i " Pheasant," I sailed for the Prihyloll l-lands, and cruized lo tlir nnrtii, east of them, according' to arrani;('ment with Commandei' Cotton, Senior .Vnievii'un Naval Oilier. On the ]sih .inly I anchored olf Si. I'aul's village, and t'liitcd Slate>' -.liiiis •' Mohican" iind "'I'lietis" arrived the sann' day, rniti-d State-' ship "Alert" and Her .Majesty's -hip " Pheasant " arrivin;;- on the I'.lth. I'nited Stati's' ship "Moliicin ' reported ;"> v(>ssels warned hy herself, i' l)y United States' ship "Thetis," (1 hy Inited States' rcvenne-steamer "Corwin,"' and ;i hy Unit<'d States' revenue-steamer •■ Kii-h," while 1 warned 1 vessel and Her .Majesty's shij) " Phea ant " '<. The Captains ot" all the men-of-war in ])ort called on the (io\ernment ami Seal Company's ai,^ents at St. Paul'.s, and visited the rookeries in company with them, it was especially ]iointcd out that the seals wore decreasing, as on the largest roiik,ry a great tract of land, which a few years ago had been covered with seals. ;ind tlif boulders and rocks on ^vhicll had heen worn smoolh hy them, was now totally deserted, ami no increase of seals had heen observi'd on other rookeries to comjjensate for iiii> deficiency. On arriving at Ounalaska on the 25tli July I found there steam-ship " DaMuhc " with Her .Majesty's ( 'ommis-ionei s on hoard, and Her ^lajesty's ship " Pheasant." Steam-siiip "Danuhe" s.-iiled for the i'rihylotr 1-lands on the -•Ilh .Inly, ami (Ui the 2'Jth .luly I sent Her Majesty's ship " i'heasant " to meet her tiii're, so that she nii:;hi place i)roper boats. iS;c.. at the disposal of Sir (ieorue Paden-I'owell. United States' sliiji •• .Vlhatross " with the United States' Commissioners, I^ore--or .Mendenhall and i'rofessor Dall. arrived at Ounalaska on the -J'tih ,hily, and a ieu (!a\> afterwards jiroceeded to tlu' Prihylott Islands. On the 1st August I ordered steam-ship " Costa Itica " to proceed to Sitka, ami from there fetch mails and stores which steam-shi[) " (,Jueen " was hriii^jing iin I'r.r Her Majesty's ships in the Hehring's Sea. On the 1st August, after leaving -ailing orders tor Her Majesty's shij) " Porpoise " to ])roceed to sea on the 7th, cruize around the Prihyloll' Islands, and return on tlie I'.'ih [ left Ounalaska and anchored at St. Paul's on the 8th Augu.st, having warned lu.. >linL;-scliooiiers during;- the cruize. I ])roceede(l from St. Paul's on the 10th .August and cruized till the P'^th, loucliini; at the Islands of St. Matthew and St. Uawrence, and at the former place I met steam- ship " Danube " in com])any with Her Majesty's shij) " Pheasant." Her Majesty's -hi]) '• Porjioise " arrived at ( )imalaska from her cruize on tin- pith, and steam-ship "Costa Pica" with mails from Sitka, and Her .Maje-ty's -hin •' Plieasant " on the iMitli August. Steaiu-ship "Danube'' arrived on the 21st August, ami sailed again lor tlie Island of Att(ni on the 21th. I ordered Her Majesty's ship "Porpoise" to proeeeil !'■ the same destination, so that she might render the same help to Her .Majesty's Coin- mis-ioners as Her Maje-ty's ship " Pliea-ant " had on their last cruize. J also ordeici Her Maje-ty's ship " Porpoise " to proeeeil to the China Station as soon as steam-hip "Danube" started to return to Ounalaska. On the 2Stli Aiiunst 1 siiiled from Ounalaska and proceeded to the we-twanl, anehoiing a^ain at Ouinilaska on the tith September. During this cruize.a record of.dl seals seen wjis kept for the information of Her .Majesty's Commissioners. I ordered Her Majesty's ship "i'heasant'' to proceed towards St. (iei>ti,'e'-. Pribylotr Islands, on the 1st September, to cruize from there lo Capo Kewenliani, and return on a zigzag course to Ounalaska. |i ■; * 116 On tlu! 1st Soptcinlicr tlie United Stutes' aliip "Mohican" towed into port the Uritisli Kcliooncr "Otto," in nccordiince with my letter to fomniiuuler C. S.Cotton, I iiitcil States' Niiv^-, dated tlie Ufjtli August, 18'.)1, a ropy of wliicli is liercwitli inclosed. litT .Mnjesty's ship " I'liensant " uus in iiarlioiir at the lime, and alter taking ciiarge of liiT papers >ent iier down to N'ictoria. On arrivin;? at Ounalaska on Ihe Oth Septend)er, I found in jjort rnitcd States' >liips " Moliican," "Marion," '"Alert," and '• Tlielis," and as liiiti'd States' slnp •Alert" iiail received tciei^rapliie orders for ("iMna,and could not olitain eitluT coal or ( il at <)unalaska, I sold licr the amount of each slie required. rnitcd States" slop " Marion " sailed on the 7th, and the I'nited States' ship ■ Alert ■■ on the lOtli Aujjust. for China, and later Cnited States' ritannic .Majesty's ' Jovi-rnment. a copv of which is herewith handed you, and in comiiliauce with the orders of the British Admiraltv. yon are herehv warned not to enuage in the killing or takiii<; of seals in that ii.irt of Behrin^'s Si'a Ivingeast of the houiulary-line hetween United States anil Russian n.itcrs, referred to iu the Proclamation, and the position of which, traced upon a Chart. • dl he shown you hy the otlicer wiio lUdivcrs this. The name of your vessel will he furnislu'd to all vessels of war (British and United Slates") and revenue-vessels in this sea, and you will be suhject to seizure if you fail to liccd this warning, and are found to he, or 'to have heen, engaged in sealing in the iiiohihited waters since its delivery to you. 1 have. K'c. (Signed) CHAS. T. TURNM-U. Inclosnrc 4 m No. 165. Form of Certifkatt to be copied in Re(jister or Loj by lioardirKj Ojficcr. n.M.s Dale 1 C'KRTIFV that I have this day delivered the rroclamation of Her Britannic Majesty ami letter of warning of to leave these waters tnrthwith to this vessel, and that there are now skins on board. [672] Q -^ ! ■; ;i mi 116 Data. Dale. Plnoc or position (when hoiirdcd), name of vessel, name of owner, name of mastor, nationality, port of rcjjistor, tonnage, numlicr of skins taluu, number of skins ou board. Roinarks. Inclosnro r» in No. 10.'). Instructions for Boardiiuj OJficrr. " Xt/mphe," at Oiinnhisha, Jaltj 12, I'^'.U. 'rill'j bo.irdin^j odicer will deliver tlie Proclamation of ller IJritaniiie .MaJL'sly and the letter of wariiinn; to masters of vessels, read tlie letter to them, and make entry on register or log (pn^ferably (he register) of all vessels engaged in, or e(|uippod for, sealing, certifyinir to the delivery. lie will ascertain, if possible, the number of skins taken, and the number on i)oanl, if the ve>!sel be a sealer or equipped as one. If the master states there are none, he will take his statement as eorreet, but if he states that a certain number are ou liniinl. he will .satisfy himself that the number is not less than that stated, [f the nuister declares any intention as to liis future movements, the boarding ollicer will make -a note of it. A tracing showing the lino of demarcation between the Uniteil States' and Ikussian waters is to be furnislied for hia information, and that of masters of vessels boarded. (Signed) ("HAS. T. TURNKR, The Commanding Oflicors, Commander and Senior Ojfiifr. Her Majesty's ships "Porpoise" and " Pheasant." Inclosurc in No. lO.j. i, a •l r 1 i ' '! iA Commander Turner to Commander Cotton, U.S.X. Sir, " Ni/mphe," at Ounalasha, Avnust 2(), 1^1)1. I HAVH the honour to inform you that since I told you by woril of moutii only that I con.-^idered schooner "Otto " to be a just and lawful capture for any vessel of war of either nation, as she had ,sailed for the Hehving's Sea for .sealing jturito.ses after 1 liad told the Collector of Customs, Mr. Milne, of the Proclamation, I now put this in writini: for vouv "uidance. I have, kc. (Signed) CHAS. T. TURNi:i;. N ). 100. Sir J. Pauncefote to the Maniu's of Salisbury. — {lieccircd Xovmher 16.) (Telegraphic.) Washington, Xowmher 10, ls'.)l. MR. 15LAINE inrdrmcd mn to-day that lie was ready to Jigreo to the follow iii-r arrangements : — The Arbitrators, who must all bo jurists of repute, and iinderst.-ind iMiglisii, are U< be seven in number. Two British subjects (one may be a Canadian) shall be apjioiiitid by Her Majesty's Government. Two Americans shall be app(Mnted by the I'liiti'd States' (ioveniment. TIk; other three shall be appointed by foreign ({overnmcnts. He has no objection to selcctifm by Franco, Holland, Sweden, Switzerland, ^Mexicd. or Brazil. He thought Paris would not be objected to as place of sitting, but he could imi pledge himself, as he had omitted to consult the President. Co])ies of the Articles of the Arbitration Agreement and tiie Joint Commission Article, as agreed on in correspondence, arc being prepared for signature. 117 No. 107. Foreign Office to Admiralty. ^"■' t »»f .• .11 , ». I'oiri'in Offirf, iXovcmlwr VJ.Wn. I AM directed by tin- Manpiis ol Sulisl.mv to ackiiowlodne the ro.-oipt of your letter ol" the lOtli instant, itu-l.>sin<>; a jjencinl Report of tlie prooedin-'s of'ller Ma,iest>'s Kliips in tlie l?elirinff'H Sen, wliieli iin.H boon sent liomc by the Coniinander-in. cliiet' on the rai-ific Station. I am to state tliat Lord Salishnry eoncins in tlie proposal <>f tlie Lords ConiniissionerH of llie Admiralty to approve tlie proeeediiiKs of Commanders Turner and Marr and [,ieutenant lladley, of Her Majesty's ships •' Nyinphe." ' I'orpoise," and " I'iieasant." i am, Sic. (Signed) T. IL HANDKRSON. No. 1()M. Sir J. Pnuncet'olc to tlif Marquis of Sulisburi/. — {RrrcirrU .Xorvmtier lil.) (Teleirraphie.) IViishimjtnn, Novemhrr 21, IHOl. WITH roforeneo to the last piira!,'raph of my tele^jrani of the Kith instant, Monday next, has been appointed by Mr. Mlainr for si<,'natiire. The followint,' headings have been agreed u|)on : — "Tlio following is tho text of Articl(>s for insertion in the lieliring's Sea \rbitration Agree aont, as settled iii the diplomatie eorrespoiidencc between (the two (I'overnnients respectively)." J'or tlie .Joint Commission Artieh; the same heading, iniitdlis mutandis. Are they approved by your Lordshij)? No. 169. The ^farl]uis of Salixburi/ to Hir J. Puuncefote. (Telei;:raphie.) Forcirjn Office, November 22, 1S!)1. vol J are authorized to sign tho Arbitration Agreement and the Joint Commission Article with the headings suu'gested in your telegram of yesterday ; but you should hand in a note containing the following reservations at (he time of doing so : — l'"irstly, that it is understood by Article (i that the question of tho necessity of any lU'gulations for the proper protection and tli(> preservation of fur-seals in, or lial)itually resorting to, the Uehring's Sea is hift to the decision of tho Arbitrators, as well as the nature of those Regulations, if the necessity, in their judgment, is proved to exist. Secondly, that the observance of the Regulations will not become obligatory on the United States and (ireat Britain until the other Maritime Powers also shall iiavc accepted them. (Ircat Rritain and tho United States would otherwise simply hand over to the nationals of other countries the right of exterminatinij the .seals. No. 170. Sir ./. Pauncefote In the Marquis of Salisbury. — {Received November 23.) (Kxtract.) IVushiiiijton, November l',i, 1891. r ilAVE tlie honour to transmit herewith copies of a narrative by ii con'cspi.-.ivlont iif the "New York Herald" (published in that journal on the 8tli instant) of his v((y;i;,'e to Hehring's Sea during the last seal fishery season, undertaken for the purpose nf 'iiupiiring into the facts connected with that industry. A part of the narrative which is of special interest is that which appears at tho close under the heading, " How to save the Seal." I mm» irw^^'f I «^ I J Ul«W ■ .' I I p^piuiF *T 118 • Indosure in No. 170. Exlrtirls from the "New York Herald" <>/ Xorember 8, 1891. i \\ Tl.T.lClT SKAT.TXr,. — Its KisK AM) InCUKASK IN THE LaST 'VkS YkAUS IN BEiliMNci's Ska. — 'I'Ihti- arc two systems of scril liuiitiiiLj; : one with Indian IiiiiitiTs, wlio ixo* jiaid from '2 dollars to !• dollars foi- every skin a eanoR brinijs in, and tlie other "with AVhite luinters. mIio are ])aid a little less. The Indians hunt in (•anf>t>s, two in eaeh, and use the spear almost i>xeliisively ; the While iiunter has a steerer and a hoat iiuiler, and uses the trun, loaded with five dr;uns of irunpowder and ahout *weiilv huckshnt. It is th<' latter method that is so compl.ained of hy thos(> who wi^li tn prevent tlie extermination of I he seal, as ihoy say with truth a very largo percent mijc are shot and either killed or niortallv wounded, \\ithout helm,' reeovered. On the "Jnd .lulv we left \ietoria, inlendiiiL,' to ni.ake our lirst call at a Settl(Mn( lit of Indians ealleil Clayo(|uot. it seeun-d strani,'e that, althoUi^h the (Queen's I'roelama- tion forhiddini,' tin; killiuLr of seals hv Mritish suhjects had already heen annouiieed, litlieulty was made hy the ;iuthorities in u'iviui; the captain of tli no ( elea ranee th.' Hehr iw' s >ea. Otto"' his Neither \\;is he ofliei.alh iid'ormed ot" the I'roelainri- tioii, nut witiistandini; the laet that Her .Majesty's steam-ships " Pheasa-.t "' ami " Nymphe " had .already sailed from i'^siiuimait to the sea to carry out the nrdei-s of the Queen's (ioveriunent. Uefore i;oin cruise of the "<)tt. a short account of the rise and development t)f th(> seal-poachinij industry will he neeivssary. Althou." with the lu'cseut ca])tain of th ])ioiieered the way for the Canadian sealers. In 1^^ I- there were only six s(d hoard, KHJiiers from San i'rancisco and N'ietoria ( dtulll tied that entered the sea. ear l)v year the seals have heen driven further north, and eacdi successive vear lias seen an increase in the numher of poatdiers. J^ast y(>ar (ISitO) twenty-three schooners sailed 1 Vict.(n'ia, and this year the numher reported had increased out of all proportion. mm i very j)or t oil the I'acif ic coast from San r'rancisco to \'ictori;i, a])pe;ii'ed to i lave sent out its (piota, and on the' day the " Otto '' left the latter ])lace it was stated tli;it fifty-three selioon Ts -were already on their way to the famous sealing grounds from that port. The " \ 'Ctorian Coli:nist '' i;-aye the tianics and owikm's of that nuinher. althouiih 1 allerwards found out there weri' over eiuhtv-nine sealers in the sea this vear. it hard to exjdaiii this lari;<- increase, in the face of hoth the America Mritish ' iovei'nnicn1> proclaiiniiii; a (dose sr.asoii. One reason Lri\en w.is that 11 Mild neitlirr the Americans nor liritivh cruizers intended and seiuliii": of men id'-war to the sea were o inti'rl'rre, :md that the rroclaiiiatioii nlv doiK" to satisfy the American nuhlie Anolhi'i' re.ison is ;i nmst unaecountahle one. Somtdiow the rumour '.raiie-d curreiie} that a hounty or comiieii^atioii will he jiaid to the (jwiii'r of every stdiooncr liiai i^ stop (1 fro I u sealiiu The iiHl''"iis, with their spears, djrl not los(> more than 1 per cent, id" what they liil. as the fact of losiii'' their '_'anu' i ueaiit losiiii; their harjiooii and line as well. Onlli^ other haiul, the Imlians complained that the White hunters with tlicir aims had sctired the seals from the coast id' the islands, and that they lo.se at the very least 20 per cent, of what tley shoot and kill ur wound, to eventually die. "A few years ai:o," said the I'ather, " Ihe Chuckelset liidir'nis eautrht over 1, ("<()'» seals olT the eoa^l of the island in their e.'iiioes, hut they cannot do tli.it now. 'I'he guns id' the White hunters have scared them all aw.ay. "The seal," said Father Ur.ahant, " is a most intelliLreiit animal; they even wake the .-Irepers when they nco danger rippi'o.ai'liinir, and there is no douht tlieyha\e hft our coast the ltuii W the Indians themsidves used to lia\e a law against the use of gnus. Another thing that I cannot sr'c the equity of," .sjiid the Father, "is that the American Company have heen allowed "."jOO skins this year for the siijiport of their Indians. if the Vhuits are to he sujiported, why should the Vancouver Indians he deharred from their e .Meats, as a I'aet, do not re(piire the Company to look after them. If they were lefi 1,1: wv 110 alone on their own islands, instead of bcirig moved about as they arc, they could hunt for tliems-.elves." Fatlicr linibant said he hardly knew how the future extermination of the seals was to be prevented, unless the two (iovernnieiits were to take soalini,' imder their ■-iipervision ; that is, ])rovided the Melirini^'s Sea was not a closed sea. They could license sealers, restrict Ihcni as to the imniher of seals caui^ht, and make a close season during; the breedini; time, as there was no doubt that large nurnbei's of females iirariu'T vonng were killed. ■ • • » • • • "Wednesday, the liHth August, was a good sealing day, and I was for some hours (lUt in the Indian canoe. The result of th(> day's Avork gives a fair t!.vam])le of the frightful ))ercentage of seals that are killed and never i-ecovered. The two Itoats and the canoe started out early in the forenoon and returned at six. The (■M|itain had oiu* scat and had lost six others, either killed f)r wounded, i'liillip, who was doini: tlw shouting in the other boat, ^aid that tlie\ had Lrot uj) on to no less tlian seven seals and shot them, but they had al! sunk. The men said the water was covered with blood, but they could not get the animals. The two Tn(li;;iis, who us(>d iiothinL: but the spear, retiii'iied with ten. They had missed lift(H'n oi' t\M>nty. Iiut, as one of them pliiloso[ihieally remarked to the captain, " It does not matt(>r. they are TU)t hiu't like A\ith the ^un, or killed, and they will do for another day or year." "We manai,'ed to take sights this day, and found we were 7.") miles west by north o! the volcanoes on the peninsula. On the 27th and •jMh .\ugust v(>ry little was done, .as the weather was too I'oiiu'li for the boats to u'l) out. Three seals were captured in the forenoon ol the L'Tth l)et'ore it cani(> on to hlow, when uc wrc once again under storm trysail and ;louble reefed foresail. On th<> followiiii; da\ . the ^^^tli, the boats w(>re out all day and returned without catchinir anythinu', tiie captain thinking we were too f.ar to the northward and raslward. lie .said he wanted the wind to net to the west. On the next day the lioats were out the greater |)art of the day, and our catch for the day Mas seventeen seals. T'he captain brouirht i^ three, having lost four, killed or wounded. Tlie other i>oat broudit in three, havini; killed live, and tiie li\(lians t(Mi. niakiuL;- a to^tal ■if seventeen. Diirinu' the skinniim' of the se.als on deck, which is always done at iiiuld aft(M' the hoat^ return, the schooner's decks wer(> cover(>(l on this occasion, as on many pre\ ions ones, not only with blood, Iml with liru'c ((u:intilies of milk, showing that many seals that iiail been uilled were nourishing their ymniu' at tiie time, the result beiim- [hat the I'.iips on the island would starve for want of nursing, as no seal will feed any young (lies except h( r own. How TO swK Tin: Si'.vi, : A Th\s to 1'Ui;vk\t its F.xtermtn \tiox tn tiif, ni:.\k IrTiiM:. At present the (|U(>stion of whether Helirim;''s Sea is open waters or not is '/I atdtti (jiin. In the event, liowever. of its biMin,' dechireil a ])arl (jf the hiuii seas hy the arbitration vet t extermination of the seal, which there is litth- (hnibt y,ould happen within a few ve;irs. unless some very strenuous measures are taken for its protection. The close season idea would hardly he practicable, as ii is during; the season of hreedin'.; that the lessees of the i.la";iN kill their seals, who are then found on the lookcries, and it is only durini,' this -eason that th(> .seals to any larire extent are found ili(>re. Of course, on "the islaiuls they kill nothing but tlie younu' l>nlls. To 111,1 ke a ■ •lose scasmi for the open sea. and .allow tlie se;ils to he killed on their Invedin- places, would I'l- almost ,aii impossihility. ■jlc' followini;- plan, uiiieli I Milmiitteil to iiiany of the iar-esi fiir-tr;iders in lioth Victoria and San Francisco, the nienihers of tlicAlask.a Commercial ('omi>;iny— the bte lessees of Ww island— as well as many of those who were abs.dutcly employed in :he h.intinu:, seems to he the most feasilile method of protect iiiic the very necessary iiiimals, wliich, perhaps, thou-rh they arc a luxury, are still to a .vrtain extent a leeessitv The North American ConinieriMai ('(mipa'iv. who now le.isc the seal- larediiii i-lanils known as the I'rihvlolV -roup, pay tiie 1 nited States KMMKHI d<.llars n,T \ear. and '.) (hd. Cd i'. per skin for evervthimr they take from the island. 'Wlicn there was no limit to tlic numlier of se.ils that they wen ailowod to kill, l.-'h.re the present wndiis rlvnuli was ai:recd ii])on hetwi>en the liiited States and (.rc.at |',rit'iin their pavincnts lirouu'ht into the American (ioveriiment a ivvcnue of ahoiit ;;o() ()()() dollars per vcar. This is a very small item in the revenue of such a great ; ■ '( I i! J ii'a n II i .'ir! m m i 'i 120 nation, and it has boon siiuji^ostod that tl.o Govornniont of tlio United States sliall refrain from leasiiii; tlie I'rihvlolV Islands to any Company whatever ; that no seals sliall be killed on th(> rookeries, which shall be retained to allow the fur-bearinj^ seal a safe breediiii; ])laee. On eoiisideration of the I'nited Stales refraiiiinLj from leasint; tho islands, the rifi;Iit of doing wliieli they wonld, of course, still legally retain, an international airree- ment eould be entered into between Hie dilTereut nations, niakinii; il a criminal ollencr ! |! foi" any poacher t) he loiind sailiiiL; \>itliiii a |)rescribed distance of (he island -sav, !""om t>0 to 80 miles around them — which would give female seals lots of space to feed in. Tiiose to whom I sut;iiested tl.is solution, even ulthough interested in sea sehofiuers, said they wonld be perfectly Milling to accept such a law, and tlial tliev could catcli outside of the ^0-niile limit sullicieni seals to make si^al-huntinu; as good -i paying business as it was bei'ctofore. in addition lo this, it has been suggested thai all soaling-schooners should he licensed, and any vessel found hunting the seal in Eehrintr's Sea or outside of it without a licenc(< should be seized, ami no sbootini: shouh' ''■" nll;)V:""d. The cost of maintaininij; crui/ers to sec that this ^vas done would be very small, as there would be a v<'i'y n'slrieted area of the Hebriiigs Sea to patrol. The above, of course, wouUl only be feasible in the cNcnt of the sea being declared open, for if the Arbitration Commiltce rule that it is a closed sea, and belongs to the United States, of cours(> all poachers \\()uld be liable to stM/.ure. No. ] 7 1 . Sir J. Pnunrefotc to the Maninis of Salishun/. — {Received November 2>").) (Telegrajdiie.) Washiiujlon, Xovvmhrr 21, ISDl. I A DDl! I'JSSllI) a note to Mr. iJlaine, as instructed by your Lordshiji's tele;,'ratii of ibe L'Jnd instant, and this morning had a long interview with liiui. 1I(> lia> postpoiu'd the sii^niuij until he has refiTred the tnattcr to the Pn'sident and Cabinet, who sit to-day. Hoth reservations live ribjccted to by him, especially the sccotul, whieli he said imposed a new condition never before suggested during the negotiations, lie said be would advise the I'resident not to accept it. 1 stated that your Uordsbip only desired to obviate doubts or difference's at a later stai,'e. and was most anxious for the arbitration. I rei)eated you" Lordship's reasons for the reservation, and pointi>d out that it was only in the event of the Arbitrators, by their decision, pnvdaimint, to the worhl that jjclagie fishery was free to all Hags that the (|uestion would arise. In tiiat case we could not stultify ourselves by submitting to nei^ulations not obligatory on all. Mr. HIaine then .asked me what ll(;r Majesty's Covernnient would consent to do after the Jst -May. ])ending the adhesion of the other Towers. AVould a ces.sation of sealuig be agreed to by them;-' \ informed him, in reply, that I eould not say what tl<'ii . 'ion would be. but that probably the Hegulations recommench'd by the .loint > ' . '\\i:->.<~ ui or the Arbitrators, pending the result of the invitation to the Powers. MouM 1 voluntarily conformed to. .""r Jilaine then took my note with him to the o;'' ., anil promised to send me a reply. ■ Ri i No. \l-2. Sir J. Piiiincofote to the Mtirijiiis of S(ilisl}iirii.--{lier<'ireif Xorember 28.) ^ (Teleirraidiie.i W'lishiiujtoii, Sovembtr 27. 1^^1)1. Willi referenee l(» my telegram of the 2Mh instant, Mr. JJIa'ue's reply has just been received. Copy transmitted by ))ost. It is to the following ellect: — [See Inclosure in Sir J. I'auncefote's (h'spateh of tlie 27th November: luclosure in No. ]7!t, infra.] 121 No. 173. The Marquis of Salisbury to Sir J. Pauncefote. rrdesrapliic.) " Vo'eicjn Office, November 29, 1891. I TTAVI'] r(V(MV(Ml your tolci^ram of tl > 27tli instant. Mr. lUaine's stattnnoiit, in his note of \\lii(!li you report tlie receipt, fliat my first reservation is uuneeessary answers tlie end wliieh tiiat reservation was inteniied to answer, and it may, therefore, be waivt'd. I did not by my second reservation intend to propose that the ])raeti(!al execution of tiu! RcLjulations should he delayed, but that the two Governments slioiihl protect tliemselves from beini,' placed at the inerey cf some third I'ower, which, if not pledt^etl to observe the Regulations, luiijht step in and secure the iisliery ut the times and places where the United States and Eni?hind wouhl bind themselves 1)y their Asjreement to abstain from it. It is ncees.sary that some precaution should l)c taken in this direction, otherwise the vessels, both Ikitish and American, at ])resent (>n;;a!.'ed in .scaling, might all, by simply procuring a Russian register, recover their entire fr(>eilom. i should, therefore, wish you to ascertain whether tlie United States' TJovcn-nment wouhl be prepared to agree to som(> provision of the following nature ; — Tf, after tlu; exj)iration of one year from the date of any decision of the Arbitrators as to the ueecssity of concurrent Regulations, it should appear to ''jtlier of tiie two Powers tliat such R<'gulations are being violated under the flag of a third Power, to the serious injury of the (ishery, the complaining Rower shall have the right tr srive notice that the Regubitions will be suspended during the ensuing year, until ^••ingements are made by which the evil can \w remedied. If, however, tiiere should 1' : y difTercnce of opinion between the United States and Great Britain as to the !' -I t that serious injury is being done to the fishery, or as to any other fact involved, >'ich dilTerence may be "ecided by rcf(>rring the matter to the arbitration of two Admirals, one of the Rritisii and the oi^'cr of the United States' navv, who mav choose an Umpire in case they are unable to agree. No. 174. Sir J. Pauncefote to the Marquis of Salisbury. — {Received December 3.) ^Iv Lord, Washington, Noi-ember 2.3, 1891. WITH reference to your Lordship's telegram of yesterday, I have the honour to inclose liercwith copy of a mite which 1 have this day addressed to Mr. Blaine, stating tlie two reset. ati'jns'wliich your Lordsiiip desires to make in regard to clause of the Hehring's Se;. Arbitration Agreement. I have, &c. (Signed) JULIAN PAUNCEFOTE. Tnclosurc in Xo. 17i. /5>i;- J. Pauncefote lo Mr. Blaine. Sjp^ Washinijton, November 23, 1891. I INEOHMKl) the Marquis of Salisbury of our propo.sal to sign the io\t of the Mven Artich-s to be inserted in the Bchring's Sea Arbitration Agreement and of the ■1. int Commission Article, as settled in the diplomatic correspoedenee, in order to ncord the progress made up to the present time in tTie negotiation. Lo)d Salisbury entirely approves of tiiat proposal, but he has instructed me, before 'iiip-\ o address' a note to you for the purpose of ohviiiting any deter.Mination of the fore^'oing (piestions as to the exclusive jurisdiction nl' the IJ.ufd States shall leave the subject in such position that the concurrence ()f ivat Britain is necessary t<> tiie establishment of Regulations for the proper protection 1 the nreservationof the fur-se;il in, or habitually resorting to, the Bchring's Sea, the iitrators shall then determine what concurrent Hegulations outride tiic jurisilictional aits of tlu> respective (Jovernments arc necessary, and over what waters such Milations should extend; and to aid them in tliat determinaticm the Report of the liit Commission to be appointed by the respective (iovernmeat? shall be laid before R ■4 m m Ml I I ^; 122 thoin, with such other ovidoncc as citlicr Government may suhmit. The Contni'-ii '.,' Powers I'lirthermore ar Mariiimc Powers, otherwise, as his Lordship observes, the two (iOve;nments would be siiiiplv handing over to otheiN the right of exterminating the seals. I have no doubt that you will have no difiieulty in concurring in the i\])n\\> reservations, and, subject thereto. I shall be prepared to sign the Articles as propoMvl, I have, ifce. (Signed) JULLVN PAUNC'KFOTI.. No. 175. Sir J. Paunce/ote to : . - Marquis of Salisburij. — {Received December 4.) (Tclesra^diie.") Washington, December ',\, ]^'.)l. I RECLfVED last night a i- to my note of the 1st instant to Mr. Rlaiiir. eontaiiiiiig the substance of your Lordship's telegram of the 29th ultimo, eojiy n\ whieli was forwarded in my despatch of the same date. It is to the followin? etfect : — The President of the United St.atcs is unable to sec danger of a third Pouir engaging in fishery regardless of Regulations. The dispute h.as been in prognss more than five year". During all that time no Euro|)e.'ui nation has eag.i^^.l in sealing while Great Britain was maintaininij that Beliring's Sea Avas open [•< all commerce. A German vessel once a[)pearcd, but never returner, pr'^.^.'.mably tlndiii.- sealiim there unsuccessful on account of great distance. Russi.t will not dis a])prehensi()ns not well irrouuded, but he believes that whatever may be the i<^ii'' of the arbitration, " it will be wise for the two Governments to unite in a note \'ii Commissioners to the Marquis of Salishunj. — {lieceived December ,' i My Lord, Government House, Ottawa, November 2"i, 1H!)I. WE have the honour to acknowledge tin; receipt of your Lordship's despa! ili of the :?Oth ultimo, inclosing a copy of a despatch from Her .Majesty's ]\lini-li^r at Wasliini^ton, transmitting cfjrrespondence with the United States' (iovcrnrn m ri'g;irding the niunber of seals killed on the Pribylotf Islands during the sei in of ls<)l in excess of 7,500, and inviting from us any further observations we imy desire to olVer on the subject. '2. We notice that in the said despatcli, Sir Julian Pauncefotc has given a eomplt" «»u8wer to majiy of the points in Mr. Wharton's letter of the 10th October. We "? 123 would venture, howovcr, to add some ohscrvjitions, the outcome of our special inquiry, ii. case tlio question is pursued further. ;5. Wo would point out that the i'reqxicnt rofcronccs in 'Mv. Wiiartou's letter to ' killiiiu: for food" are altoi,'other hcsido the question. All skins of such seals, if of |inipor size and conditiou, are aece|)tod hy the lessees, and im\ always included in their ;;iiiiuul quota, while niueli of the flesh is taken for tlie sustcnaiu-t* oV the natives, Jhit i1m' 7,500 limit was lixedasasuHieient nuniherof skins (o cover the cost of the cave and s\istenance of the natives, as indeed Avas aeknowledLrcd hy the Treasury Apjent, wlio, as r,']iorted hy ^[r. "Wharton, called upon tlie lessees to hrini; in a sun'ieient supply of bi'cf to carry the natives throuLrh th(! winter, althouu;li it inii,'iil have hecn added that ihi^heef would he purchased hy the Govcriunent, and hy them distributed to the iiiitives. •I. We ohsorve that !^[^. "Wharton points out that the Treasury Accent had reported that u]) to the 2nd .Tulj% J),012 seals had heeu killed, lie does not explain that hy the •JOih ilnne, killini; had hecn stopjied on the expressed plea that tlie 7,")iiO limit had lii'cn reached. 5. Jlr. Wharton points out that ^lajor Williams eonsulted several American gentlemen, indudina: tii(> two United States' Commissioners and tlie Senior Naval Ollieer, as to the correctness of his decision as to when the 7,000 limit was to he ;ip|)lied. We were informed that nos'e of these gentlemen had seen the ])revious (Nirrespoiulenee on the subject, so that their advic(! was merely on the facts as iiresented til them on the spot. (5. We could do no more than explain to the Agent that the Proclamation, correct ;!■- it might he in itself, did not contain the mIioIo ease. Neitlier ^Nfajor AVilliams nor ,1' y of the American gentlenuMi he consulted had any information or instructions 1 iiablii'g them to nnderstand the conditions to which the I'nited States had previously .luieed, and which were eventually embodied in the wnditfi vivrridl of th(> ijth tlune. 7. Hoth I'rofessor ^^endenhall and Dr. Merriani at the lirst expressed to us their (Ireided agreement with us in tlm opinion that the 7,500 limit miist not be exceeded, li was only at a second chance interview that they explained that after looking into the (piestion, they saw that tlie ])eri()(l could only hei^in on the 15th June. 8. I'^'oni this view we cntindy dissented, as reeonhnl in our letter to ^lajor ■\\ illiams of th.e Wth July, a copy of which was inclosed in our despatch of the ."ilii August last. 0. In regard to the phrase "the catch this season" in our letter to ^lajor A\ illiams above mentioned, this was intended to inehuh' the same period as that r >vered in Mr. IMaine's letter of the 1th May, ISOl, to Sir Jnlian rauneefote, in which Ml'. iUaiiH' says : " If the Company shall .... he deprived of all iirivilege of taking - :iK, they ei^rtainly could not he eomi)elled to minister to tli(> wants of tliese 300 li iiabitants for an entire year In this exigency the President ])roposes to iiiiieede to tlie North American Company the right to take a sutlieient number of M' lis, and no more than sullleient, to recom))ense tliem for their outlay in taking care of i!ii' natives The Secretary of the Treasury after full consideration lias limited ;! !■ number to 7,500, to repay them for the outlay (leinaniled lor the supjiort of the 1 I" jieoph' on the PribyloiV Islands," 10. We do not understand that the I'nited States' Government in any way indorse ;1m' action of the Treasury Agent, who, as we have already pointed out, acted in jierfeet J (I I'aitli, hut was without the necessary insfriictions. 11. We i)resume that all the skins taken this year in excess of 7,500 will he held ' \ r for next year's (|uota, inasmuch as if sold for the account of the Company this } ;ir they would jjrovidi; funds very much "more than sulUcient to recompense them ' i their outlay in taking care of the natives" for this entire year, which would he : .lirect contravention of the expressed intentions and wishes of the President of the I lilted States. We have, ojc. .. ,,,-..,-..- (Signed) GKOUGE HADKX-POWELL. GEORGE M. DAWSON. ].: ■'T-'H [67a] 11 2 in 121 No. 177. The ^fnrqtlis of Sniishury to Sir J. Pnuncrfole. Sir. Foreign Office, December 5, 18!) 1. I IIAVI'" rorcivod your dcspafch of tlio 2.Tr(l ultimo, inclosinij copy of no(i> uliicli, in «'()iMi)li;inc(' willi ii\s(nictii)iis coiitiiincd in my tclciimin of t '22iiil iiltiiiio. you li;ivp addn'sscd to ]Sfr. IMiiino, scftini,' fortl\ the two roservatiotis mi by lliT -Majesty's (lovcrnmont with ivi'ard to clause (j of the IJehring's Sea Arbitral i AijreeiiKMit. I have to state, in reply, that the note addressed by you to Mr. Blaine is approv by Ilor Majesty's Ciovornmcnt. I ara, &e. (Si-ncd) SALTSHUin. a (I No. 178. S/r ./. Pnuncefole to the Marquis of Salishun/. — {lieceived December 7.) My Lord, fVar-hington, November 27, '[x'.)]. AVI I'll reference to my teleu;ram of the 2Ith instant, I have thi> honiiir MOW to report in gi'Cfitor d(>tail what took place at the interview which I had will: Mr. iilaino on that day respeetin? the two reservations which your Lordship iiistnuti' ! me to make before sii^nin? the clauses for insertion in the Uehrim^'s Sea Ai^reetn"iit. y\r. Blaine, who hod before him the note which 1 had addressed to him on the subicpf, and of which I transmiv'edacopy to your Lordship in my despatch of the 23r(i instuit. took exception to both reservations, which he said he could not advise the Pr(>sieliiii>;l the invitation of Mr. Hay;n-d to join in an international arrangement for the ])rot(>clion of tlu> fur-seal llsherics r Tt had never been su^rgi'sted before in the course of tin' negotiatiniis that the llegulations to be I'ramed should not be obligatory on tlic tun Governments until th(>y had received tiic adhesion of the other Powers. A\ h at were Her Majesty's (Jovcrnment j)repared to do p(Miding such .adhesion 'r A\'iiiili| they consent to a cessation of jx'lairic sealing? To these (juestiotis I replied that if, after a careful invest iiration and study by the Joint (,'ommission, it should be esi-ili- lislied by tlie ("onunis>ion, or, in ease of disagnvment, by the; arbitration, that ceriiin R(';,'uIations are necessary for the preservation of the seal species, it woulil 1'" unvcasonabie to doubt that the (Ircat I'owers would ;icr[uiesce at onco in tlioM' Ueu'iilations. or that the minor Powers would hesitate to follow their example. I pointed out that no International Ucgnlati(nis would ])o mad(> unli!ss the awiirl of the Arbitrators should have previously proclaimed lo the world that- tlu.' fur-sr.il lishcry in Mehring's Sea is free to all flags. In that case, if the other Powers were, :i- .Mr. Hl'iiiie apprehended, I') refuse tiicir adhesion to the llegulations, the result wmilil be, in the words of your l,ordship, that the two fJovernmcnts most interested liad simply handed over to othci's the riu'ht of exterminating the seals. Her Majeslv's Govermnent could hardly be expected to place themselves in such a iKisition. Tiny <;ould not stultit'y themselves by submittinu: permanently or for any length of tiiui' to Rei^ulations which were not cciuallv oblitratorv on other Governments. What tinv would do, pen. thre(> years at least, to m't the assent of all thes(> I'owcrs, Mr. Uayard, on the l'.)tli Auunst, 1SS7, addressed (ireat Hritain, (lermany, Franci', llussia, Sweden and Norway, and .Japan, with a view to seenrini; some l{(>LCiilatiMiis in re;,'anl to the seals in l?ehrinp:'s Sea. I''rant'<', .lapan, and llussia replied with laiii;uiil indilVereneo. Circat Britain never replied in writiiii.'. (iermany did not rej)ly al all. Sweden and Norway said that the matt(>r was of no interest to them. Thus it will be attain. Sncii a proposiliou will postpone the matter indelinitely. The President regards Lord Salishury's second reservation, therefore, as a material chan;,'e in the terms of the arhitration ai,'reed upoti hy this (iovernment. and lir instructs me to say that ho docs not feel williui,' to take it into considtM'ation. lie adheres to eveiT point of a'^reement which has heen made hctwecn the two I'owci^, acconliiiir to the text which you furnished, JI(> will rci^ret if Lord Salisl)Ufy shall insist on a suhstantially new ;ii,'reoment. lie sees no olijeetion to sul)mittini» tlie aijrcement to the ])rincii)al Maritime Powers for their assent, hut he cannot at^ri'o that (ireat Britain and the rnited States shall make their adjustment dependent on tlir action of third ])arties wiio have no direct interest in the seal fisheries, or Ihattliv settlement shall he postponed until those third parties see lit to act. I have, &c. (Signed) JAMFS CI. PLAIN H. !f No. 180. The Mdiquii nf Sallshurji to Sir ./. Pnuncefote. (Telei;nii)hic.) Forr'ujn OJfice, December 7, \Sd\. 1 HAVE received your teleijram of the 1th instant. The President of the United States does not, I think, riifhtly understand the exact nature of the damper asrainst which I think it necessary to make provision. Her Majesty's (iovernment do not fear that llet;;ulations which have heen made by the Arhitratm-s will he rejected by any of the Maritime Powers; but they thiid< there is nuieh i:round for apprehension that those Powers may refuse to aceepi Treaties framed for the i)ur|)ose of cnahlint; our cruizcrs to arrest ships which arc violatint: the Ilctrnlations ^^hile sailinu; under their tlai;. It must he ex|)ecti'(l that, under these circumstances, scaling will he ])ursued under their llacjs diu'ing the cIom' times. In siunintr the ])roposed Aiireement, it certainly is not the intention of the (\mi Powers to ar^i^e at such a result. IJiit shouhl you liiid, after makintr a representatiim in the abo\i' s(>nse. that the I'resjdeiit continues to holil the opinion that the danger 1 have indicated is too remote to justify oiu' incuriin;.; (hday by guarding aijainst it now, Iler ^lajesty's (Iovernment are willing to yield to his appeal, and will not at this stage pr(>^s for further discus>iion of the ))oint. In that ease, you are authorized l" sign the Agreement as already settled. Her Majesty's (iovernment will, of coiu'se, retain their riy:ht of raising the puiiit before the .Vrbitrators when th(> tinu^ arrives fur d^^termining tlie question of tlic Regulations; and it is luulcrstood that full di'^crction will be vested i!i the Arbitrator- to attach to any l{e same end as the proposed reservation, which therefore becomes uniu-ccssary, and may be put aside. AVith respect to the .second reservation, "his Lordship states that it was not the intention ()f ller Majesty's (ioveriuncnt to defer putting into ext-cntion any I'egnla- tions which the Arbitrators may prescribe. Its object is to prevent th'e fur-.seal fishery in Hidu'ing's Sea from beiiii; placed at the mercy of some third Power. There is nothing to jjrevcnt such third Power (Russia, for instance, as the most neighbouring nation), if uni)ledgcd, from stepping in and securing the llshery at the very seas(ms :in(l in the very |)laees which may be closed to IIk; sealers of ("ireat Hritaiii and the United States by the llegulations. (ireat circumspection is called for in this direction, as Pritish and American sealers might recover their freedom, and evade all llegula- tions by simply hoisting tiie Hag of a non-adhering i'ower. How is this difllculty to In; met ? Lord Salisbury suggests that, if after the lapse (if one year from the date of the decree of Itcgulations it shall appear to either (iovermnent tliat serious injury is occasioned to the lishcry from the causes above nuMitioned, the (iovi'rnnient complaining may give notice of the sns|)ension of tlu^ Regulations during th(> (uisuing year, and in such case the llegulations shall be suspended until arrangeincius are made to r(>niedy the complaint. Lord Salisbury rurtht>r pro[)oscs that, in case oi' any (lisputi? arisiiiLC bctw(>en the two GovtM-nments as to the gravity of the injury caused to the tishery, or as to any (itiu'r fact, the (|ncstion in controversy shall be referred for decision to a Pritish and an Anu'rieau Admiral, who, if they should be unable to agree, may select an l'm])ire. Lord Salisbury desires me to ascertain wluither some provision of tlu; above nature would not meet the views of vour Government. I have, &c. (Signed) JULIAN PAUNCEFOTE. ! I No. 182. Sir J. Pnunrefote to tlie Marquis of SaliKbunj. — (Received December II.) (Telegraphic.) IVashiiKjIon, Dcrember 10, 1891. IMMEDIATELY on receipt of your Lordship's telegram of the 7th instant relative to Hehring's Sea 1 addressed a note to Mr. Plaine, as instructed, in the sense of the tirst part of the telegram aliove mentioned, conehiding with tiie words " at such a result." I referred to a previous conversation which I had held with him on the same subject, and added that I did not uiulerstand liiin to deny niy contention that if tiic arrangement arrived at between the two (.lovcriunents were, as your Lordship apprehended, violated by ships under foreign flags, to the serious injury of the seal-fishery, the Agieeinent must in that case collapse, as the two Govenuiieiiis could not be expected to enforce the h'egula- tions on their nationals while such violations were (akiiig p'ace. For these reasons I expressed the hope that, on further eoiisideiatiou, the President would recognize the 128 importance of nrriviriff at some umlerstan lin.; of tlic niitiirc Hun;?C3tc(l hy yoir Lonlshij). I have to-ilay received a reply from Mr. Blaine to the fallowing effect (see incloHiiri- in Sir .1. I'anncofoto's ilcspateh of ttio loth DoccmhorV Shall I now reply to Mr. Blaine in the sense of the secoml part of your Lorilshi|i ; teleprani above mentionctl, ami otfi'r to sign the Agreement, subject to the reservalinn and nnderslandiiig si t (orlh in the Inst paragraph ? 1 awi'.it your Lordship's instructions. No. 183. The Marquis of Salisbury to Sir J. Pauncefott. (Tclefrrnphic.) Forrian Office, Doremhrr 11, 1H;)I. IN reply to the in(|uiry in the last i)aragraph of your telegi-aMi of the 10th iu'itant, I linve to inform yon that you are iinthorized to sign the Articles ])r()viding for the Behriiig's Sea Arbitration and Joint Commission, as already settled, subject to tlu' understanding cxi)laine(I in my telegram of the 7th instant. ISo. 184. Sir J. Paiincefolf to the Marquis of Salisbury. — {Received December \^.) (Teleirraphic.) Washington, December 14, IROl, I ADDRESSRD a note to Mr. Blaine on receipt of your Lordsliip's telegiain of the 1 1th instant, as proposed in the last paragraph of my telegram of the 10th instant. Following reply has just been received : — [Sec Inclosurc 1 in Sir J. Paunccfote's despatch of December 15: Inclosurc 1 in No. 1J)2, infra.] I will of course let Mr. Blaine know that, pending further in.structions, I cannot sign. m No. 185. The Marquis of Salisbury to Sir J. Pauncefote. (Telegraphic.) Foreign Office, December IG, 1891. I HAVH received your telegram of yesterday. Owing to the ditliculties of carrying on negotiations by telegraphic commuuication, I nm afraid that the President of the United States has imperfectly understood my meaning. At his ro{|Uc.st I have consented to defer any fnrflier discussion for the present as to the course to be ])ursued in the event of the Regulations determined on by the Arbitrators for ftie preservation ot the seal species being evaded by means of a change of flag. It was necosi-ary in so doing that I should guard myself against the supposition of having narrowed by that consent the rights which accrue to the litigants or the Arbitrators under the Arbitration Agreement. But I did not, as the President appears to think, make a reservation in my last communication, or use that word. That a reservation mr.y be operative in respect to an Agreement, it must have theas.sent of both parlies to that Agreement, and 1 have not asked for any such assent in the present instance of tlie United States' Government. 1 am in entire accord with the President in objecting to the submission of any points to the Ari)itrators which the Agreement does not embrace. ^Vhcncver Mr. Blaiuc is willing to do so you arc authorized to sign the Agreement. I*, is 129 No. 180. Sir J. Paunce/ole to the Marquis of Salinbunj. — {Received December 17.) I Telegraphic.) IVashim/lon, December 11, \89l. YOITR Lordship's tclcii^ratn of yesterday received lust ni^lit. I am addressing a note to Mr. IMuine iu that nense, ami expressing njy willingness No. 187. Sir J. Paunce/ole to the Marquis of Salisbury.— {Received December 18.) (Telegraphic.) IVashington, December 18, 1891. I HAVI'] the honour to rc))ort, with reference to my telegram of yesterday, that Mr. Blaine and I signed this morning the text of the seven" Articles to be inserted in the Hehring's Sea Arbitration Convention, and also the text of the Joint Commission Article. No. 188. Sir J. Pauncefote to the Marquis of Salisbury, — {Received December 19.) My Lord, Washington, December "iO, IS91. ON receipt of your Lordship's telegram of the 4th instant I sought an inter- view with Mr. Blaine. Owing to the pressure of business connected with the opening of Congress, I was unable to see him until the morning of the 8th, when 1 had a long discussion with him at the State Department on the subject of his note of the 2nd instant respecting the Gth Article of the proposed Hehring's Sea Arbitration Agreement. I pointed out to him that the danger which your Lordship appreiiended was not so much from the non-acceptimce by other CJovcrnments of the Fishery Regulations as from the practical difficulty of enforcing them without the po^ver being given to British and American cruizcrs of arresting vessels under foreign Hags found to be violating the Regulations. That was a jiowcr which foreign Governr'cnts would be unlikely to grant in view of the jealousy which exists respecting the right of search on the high seas. If your Lordship's apprehensions should be realized to such an extent as to cause serious injury to the iishery, the .Agreement must necessarily collapse, as it could not he expected that cither (Government should continue to enforce on its nationals Regulations wliicii were being violated with impunity under foreign flags. .Mr. Blaine readily admitted that in such case there would be an end of the -Agreement, and said that every one would then be free to go in and make havoc of the seal fishery ; but he persisted in treating it as a most remote contingency. He deprecated making arrangements to meet the evil before it arose, and thought the mere suggestion of such interference by other Powers would lie niischievoL" The point had not been raised before, and he could not understand why it should 1 ■ n^ -oduccd at this late hour when we were on the point of signing the Agreement. I replied that the ditliculty of protecting the seal tishery otherwise than on the basis of an internaticmal agreement among all the Powers had been repeatedly pointed out in the press of both countries, and by every writer on the subject. It was, indeed, admitted by the last paragraph of the Gth Article itself, whereby the two Governments agreed to invite the adhesion of the other Powers to the Regulations. I']ven if the contingency in view were so remote, as Mr. J51aine contended, I could not sec what harm it could do to have fiuch understanding as that suggested by your Loidship, and proposed in my note of the 1st instant, ^^llich would provide for the case of any dili'ercnce of opinion arising as to the jjravity of the injury caused to tlic Iishery by the violation of the Regulations under foreign flags. Mr. IMaiiie said that he could not consent to add a new term to the Gth Article as already agreed to after so much correspondence and discus-ion. I replied that there could be no agree.ncnt if the two Governments were not alide.n as to its meaning. The arrangement i)roposcd by your Lordship was in no way inconsistent with the Gth Article. Tt was merely intended to make it cL-urer, and to regulate [672] » ■; ! I 'i ■ ! iiil 130 the action of the tw ) (Jovornineiits in certiiiii ovonts which miijlit caiiso (lill'iciiltiM horoiit'liT. Mr. Mliiino, howcvor, insisted tlial it wonlii he time iMicni};h to (K'nl with tluw (iitlii'uhios it" ftntl whon thoy slioiiltl niiso. I then hrnuu'ht tiio intorviow to a I'loso, and on the sanio liay I nddrcH^i'd a note to Mr. niaiiic, oi" wliii'h a cniiy is tiansmittod luTi'witli, I ri'fcivi'd tliis day a reply theretn, of wlijrli I liavc ilie lionmir to iiicloso n coiiy. Tliis corre^iiiMulenee does n^t I'arry tlie matter any t'urliier, ixit il places on record tlic t'a'l thai wliile the United Stiifo.s' (lovrrnnient admit tliat tlie proposed lie;rulittion> may Ik rendered nn^iatory hy lluir >iiiIalioii under the flai;s of ntlier I'owers, they decliin' tiie reas.iiial)ii' pmposal n\' Her Maie>t\'s (iDvcrnnu'iit to settle hei'oreliand the conditions under whieli the l{ej;nlations shall l)e deemed to have lapsed nr to lu' HUspended. The conclusion would soein to be tlmt each Government will bo free to form its own jndi,'nieiit nf the situation, and to take such action as it shall thiiik tit under the circuUiHtunccs. I have, Ike. (Signed) .IIJLIAN PAUNCKKOTK. Inclosure 1 in No. 188. Mr. lUiiiw to .*»/'»• ./. Pdiinrffoto. M m \ '■ Sir, Drpin Imi'iit lit Stiilf, IVd.sliiiKjtnii, Dvceniher 2, '\^\)}. I llAVI^ attentivtdy read your note of the 1st instant, ami suhniitted it to l!ie Presidenl. The I'rcsident is unahle to sec the dauiiiT which Lord Salishury apprehends, of a third nation enunirinL;' in tiikin;^ seals re;;ar(llt's-, of the .\iii'fi'Uicnt lictwcen (Jreal Hril " V iiin and the I'mtcd Stati. Tiir dispute hetween the t*vo nations has uo^n heen in for more tl.an live years, Durin;; ail thai lime, while Tireat liritain w laii l/iiniuLi that the Behrinii's Sea was open to all I'omers. at any t another ICuvopean nation has enj;ajjed in sealii\g. one, as o not A (u'lman \e-sel onei- m.ule its appearance in Hehrii .•a. hut did not return. ti^lied, I suppose, that at the ^reat distance they hu>e to >ail. the (ie rnnins could heinu;- sa not Micco-ifidly en:;aLje in sealini;. Russia, mIiosc interference ll Brit; )urv IS not \\el ;roumled. He helieves that, however the arhitration lietween (Jreal iin and tin- I'nited State- mav terminati-. it will he wise for the t\'e nations to unit in a note t(s as In th" v\rr\^[ of fcnrcli on the hii^li sca^ ; nnd the conseciuenee nuist inevitahlv he tliat, durin-- lhe~eloHe season, soalinjj will n;o on under other tlnus. It eannot he the intention of (he two (■io\ernineiits in siuiiiiii;' the jiroposed Ai;re'.'ment, to nriivc at sueh n result. I do not understatid you (("disiMHi. that, should such a stale of things arise, (lie Aureement must e()Ha]i«.e, as I'he tuo Covirnmciils could not he exiiectcd to enforce on their respective nationals |{e;;iilalions which are violated under lorciun lla-js to the serious injury of the tishery. I hope, thereftuv, that, on further consideration, (he President will recognize the imiiortauee of arriving,' at some understandiu},' of the kind siii,'-,a\'ited in my note of the I>t instant. I have, &e. (Signed) JUIJAN PAUNCKFOTi:. Inclosure .3 in No. 188. Air. Blaine to isir J. Puuncefnte. Sir, DcfHatmenl • ''Stair, Wdshiiifjton, Drrnnhrr ](), 1?!)1 IN reply to your note of the Stli instant, I have the followiu!; ohscrvatiens to make :-- 1. FiVer since the Pehrinc's Sea question li'is licen in (iispiiic midw ncarlv six years), not one shiji from I'Vance or (Jerniany has rvcr iniiancd in sealiii;;. 'riii.> nflbrd.s a btron;,' i)resun.iition that none will cni;ai:e in it in tlie t'uturc. 2. A .still stronger ground against their taking part is that tliev cannot aif'ord it. From France or (Jerinany to 15ehring"s Sea hy the sailinir Hues is neaiiy 'JO.Ooo miles, and they would have to nuikc the voyage with a larger >lnp than can lie profitably employed in sealing, They wotdd have to start from home the winter prceeiling the sealing .-i. ^on and risk an unusually hazardnus voyage. When they rcacli the fishing grouniis they have no territory to which they could re-ort for any i)urpo-e. '\. If we wait until we get I'lance to agree that her sliips -ha'l h? searched bv American or Rritisli crui/.ers we will wait until t!:e last seal is taken in Hehring's Sea. Thus much for France and (iermaiiy. Other lun'opean counliie- I, w tli same disabilities. Ihissia, cited hy liord Sali>bary a-- likeiy to eni')arra-s t!ie I'liiieil Sfjiies and Fngland by interference. 1 slmnM r( gard as an aily, and not an enemy. NDi' is it pr()li;ibl(> that any Anu-riean coinitry will loan its llai; to vi>s-el-- em;age(l in vioialint; the lie! inn: ■^ea l>ei:u hit Ions 'i'o stop the arbitration a wh(di> month on a (piestion of liiis claiaclei- pioaiises ill for its success. Some other less important i|nestion even than this, if it can be found. ny probably he started. The effect can only be to exhaust the lime alloiU'd i possihle or bitrat ih ion. W mii^ I act mutually on what is jirobable, not on wb:it is remofelv The IVcsident suggests again tlial the proper mode of proeocding is for Regulations to be agreed upon between the Fnited States and fJreat I5rit;iin, and then submitted to the principal Maritime Powers. T at is an intelligent ami iiitcdligiMe process. To St. now to e. insider tin- IJ.'gnlati.>ns for .)ntsi.le nations is t.) ind.'linitely po>(|)one the whole .piestion. 'ihe President, therefore, adheres to his ground firs; announced, that wt m ust have the arbi'iation ns already agreed. IFc suggests to I.or.l Salisbury that any other process might make Ihe arbitration iinitracticable wifliin the time specili.'d. 1 have, I'vi: (Signed) ■fAMFS G, BFvAINE. No. 180. Sir J. Pauncefotc to tlif Mdrquis of Salishiirii.- -(Rrceii'ffl Drceinber \9.) (Extract.) }\'(isliiii(/loH, Dvrcnibcr 10, 1891. 1 HAA'F the honour to inform your Lordship that, in alluding to the Hehring's Sea question, the President's Message stales that he is glad to he able to animunee that [5721 S 2 ^^ wpWIWIiHWJIfiiPW'JHW^^ iiji terms of arliitration satisfactory to tlie United States' Government have been arrived at, and that an acreomont as to the Arl)i!rators is ,iil that is necessary to the completion ot the Convention Jle also adds tliat, " in vieiv nf the atlvanced jiosition wliicii thi. (Jovernment has taken npon tlie snhject of internalidiiiil arbitration, tins rcneweii expression of our adherence to this nieliiod lor the settletneiit of disputes such a- have arisen in tlie ('onirrcss." iiehrin"r's Sea will, [ doubt not. meet witli the concurrence of Ko. 190. i 'i Sir J. Pauncefote to the Marquis of Sali^ibury. — {Received December 19.) My Lord, Washington, December 11, 1891. WITH reference to your Lord.ship's teleirraiu of to-day, I have the honour to inchise copy of a note ^^llich I have addres-^cd to Mr. I'daine in the sense of the second part of your Lordship's teleijram of the 7th instani, otfcrin"^ to sijrn the Behrinijs Sea Arbitration Agreement and Joint (^)inmission Article on the understandini: mentioned in that telegraiu. 1 have, &c. (Si'nied) JULIAN PAD.NCEFOTE. Inclosure in No. 190. Sir J. Pauncefote 'o Mr, Blaine. •n Sir, Washington, Dece7nl)er 11, 1891. 1 II.WE the honour to inform you that I telcirrapheil to the Marquis of Salisbury tlie substance of your nute of yesterdav rospectin;;; tiie Gtli Article of the proposed Deiirinii's Sea .Arbitration Agreement, and fiiai I have received a reply from his Lordship to the fo!k)«ing ollect : — In view of the .'•tiong opinion of the President, reiterated in your note of yesterdav, tliat tiie danger appvchcniied i)y Lord Salisbury, and exjdained in my note of the Slh instant, is too remote to justify the delay which might be incmred by guarditii: against it now, las Lordsiiip will yield to the I'risident's appeal, and not press for further discussion at this siage. Her Majesty's Government of comse retain the right of raising the point when the question of fiamiiig the Kcj^nlations comes iiefore the Arbitrators, and it is understood that the latter will liave full discretion in the matter, and may attach such conditions to the Regulations as they may u ;,riori judge to be neces.sary and just to the two Powers, in view of the ditliculty pointed out. With the above observation Lord Salisbury has authorized me to sign the text of the seven .Articles and of the Joint Connnis'lnn .Articles referred lo in my note of tlu' 23rd ultimo, and it will give me much pleasure to wait upon you at tlie State Lepartmem for that purpose at any time that you may apiioint. 1 have, &c (Signed) JULIAN PAUNCEFOTE. No. 191. Sir J. Pauncefote to the Marquis of Salitsbury. — {Reccivril December '2''.) (Telegraphic.) Waxhin(]toii. Deremher 22, lt'91. TlilC qi-ostion of the mimlier of Arbitrators was reopened to-day by Mr. Blaine. He staled that lie was oi (qiinion, as was also the President, that seven was ti>i) large a nuniher, and tliat it would sulhce, as three an- to be appointed by foreign Governmcnt.s, if the United States and Great Hriiain Hliould each appoint one. He was anxious that ttio above consideration should be urged on your Lordship, and ln' expressed the hope tiiat etibrts might be made to expedite aa much as possible tin- remaining arrangements. 133 No, 192. .Sir J. Pauncejole to the Marquis of S-disbimj. — {deceived Dnccmhr 28.) My Lord, fVa.sliiiirfion, Dncembcr 15, 1991. WITH reference to my toleffram of yesterday, i have the lioiioiir to iiicio«e copy of a note wliich 1 li.u.- received from Mr. IJhiiiie, in wiiicii he states diat the President objects to your {.ordsliip miikin^r uny reiervalioa at all in regard to the Ho^iirinfr's Sea Arbitration Ai;rcement ; togetiier with a copy of the reply wiiich I liave returned thereto. 1 have, &c. (Signed) JULIAN PAUNCEFOTE. Inclosure 1 in No. 192. .\/r. Blaine to Sir J. Pauncfoie. Sir, Departmrnt of State, Wnxhinijton, Dnccmhci 14, 1891. I HAVE the honour to advise you that I Miliniitted yniir note of tlie^Ilth instant ;o (he rrosideut. Alter mature lieliher'Uion, he lias instructed nic to say tliat he objects lo Lord Salisbury makim;' any reservation at all, and tltat lie cannot yield to him the tiuht to appeal to the Arbitrators to decide any point not embraced in the Arlicics of Arbitratirrced upon by the two (iovcrnnients. i-'oi' Lord Salis!M;ry to cliiiin the riglit to submit this new point to the Arbitrators is to entirely change the arbitration. The President n.ight, in like manner, submit several i|nestioiis to the AriiitiatorN. and thus enlarge the subject to such an extent that it would not be the same arhitraijon to \\hich we have agreed. The l're>idcnt claims the riii'lit to have the seven points arbitrated, and respectfully insists that Lord Salisbury .-hull iiiit cliange their nieanirL: in any particular. The inatfcrs to be arbitrali'd must l)e distinclly uiideistoi)d bel'ore the Arliitrators are chosen. And, after an arbitration is agreed to, neither of the parties can I'ularge or contract its scope. I am pre])ared now, as I liavc been heretofore, lo sign the Articles of Agreement without &\\\ reservation whatever, ami ibr that ])urpo.se 1 shall be glad to liave you call at tl'.e Slate Department on Wcdnooday, the IGth instant, at 11 o'clock a.m. I have, &c. (Signed) .JAMES (i. BLAINE. Inclosure 2 in No. 1S)2. .S/V J. Pauncvfoie to Mr. Bluinc. Sir Wa.-tant. respecting the s'gnaturr r.f the seven Articles of the i)r(iposed Behring's Sea Arbitration Agreement theiein ,el ned lo. I will transmit a copy of that reply to the Marquis of Mlisbury by to-day's mail, but 1 beg to state tliat, pending his Lordship's further instructions, it is not in my power to proceed to the signature of the Articles in cpiestion, as proposed at the close of your note. I have, iic. (Signed) JULIAN PAUNCEFuTE. w "vwmmmm ^m H' ■ 131 No. 193. Sir ./. Pauncefote to the Marquis of Snlisburrj. — {Recpivcd Decpmbcr 28.) My Lord, Wnsh'nujlon, Derr;nlirr IS, 1S91. IMMEDIATELY on receipt of your Lnrdsliip's telegram of the KUli in^Lint I aililrosscil ix note to Mr. Blaine, of wliieh I have the honour co incloKO a copy, au.l I delivereil it to him in person yesterday. After rcadiiiiC it. he at onee made an .-ippointment for this moinin;; at 1 1 to sign tlu' text of the seven Article-^ of the Be) .ing's Sea .Arbitration Agree, nent and of the .foim Commission .Agreement, as settled i;. the diplomatie correspondence. Accordingly, I proceeded to tli'.- State I)ei)artment at the appointed time. and. attrr the usual vcrilication. the document nas siirncd in duplic.ite hy .Sir. Blaine and uiv-ell, 1 shall have the lionour to transmit a copy of it to your Lordship by this mail in u separate desi)atch. I baTC, &c. (Signed) JULIAN PAUNCEFOTE. ■ ' *■' m ; i "'" ! 1 •ii wa ii A . Inclosure in No. 1&3. Sir J. Pauncefote to Mr, Blaine. Sir, Washington, Decembrr 17, ISfH, I HAVE the honour to inform you that I conveyed to the Marquis of Salisl)ury, hy tclegrnni. the substance of your note of the 1 1th instant res])ecting the t>th Article nt the proposed BeliringV Sea Arbitration .Agreement, and that I have received a rejjly fmni his Lordship in the lolloping sense. Lord Salisbury is afraid that, owing to the difficulties incident to tclcgrapliic corrosptmdencc, he has been imperfectly understood by the Bresident. He consented, at the Pre-'i'ient's n quest, to defer for the pre-i'iit all further di-^cussion as to what courx.' the t'.\o {i'.ivernnients sliould follow in the i!vent of the Rvgalatinns ])re-ciibed liy the Arbitrators beinir evaded by a cliangt' of tla;r- It was necessary that, in doing >o, ho should guard himself against the supposition, that by stich consent he had narrowed the rights of the contending parlies o.- ot the Arbitrators tmder the Agreement. But in the communication \vhich was ( nil)odied in my note of the !lth in-taut, his Lord-iiiji made no reservation, as the IVesidcnt seems to think, nor was any such word used. A reservation would not be valid unless assented to liy the other side, and no such ivsseiit was asked for. Lord Salisbury entiridy agrees with th'' I'roident in his Mi)jeetion lo any point being 5ul)mitted to the Arbitrators which is not embraced in the A:;reenunt, and, in conclusion, his Lordship autlioiix.es ine to sign the Articles of the Aiiiitration Agreement, as proposei! at the clo^e of your note under reply, whenever you mu} be willing to do so. I have, &c. (Signed) JlfLIAX PAUxVCEEOTK, I '] No. 194. i^ir ./. Piiurnc/ole ut thr Mnrqiiin of Saliaburij. — {N''rfirrhould extend, and, to aid them in that deterniination, the Re])oit of a Joint t'nmmission. to be appointed by the respeetive Governments, shall be laid iioforj them, *,lii siu'h otluT evidence as either (■overnment may submit. The Coiiliactin; I'oueis furtberiuore agree to co-oiierate in securing the adhesion i.f other Powers to such Regulation>. VII. The re-iK'ctive (Jovernments having found themselves unable to agree upon a r.'terence wliieli shall include the rpiestion of the liability of each for the injuries alleged to have been sustained by t!ie otlier, or i)y its citizens, in connection with the claims ( re.sented and urged by it ; and, being solicitous that this subordinate question should 'lot interrupt or longer delay the submission and determination of the main (piestions. ill agree that either may submit to the Arbitrators any question of fact involved in said .j which may be permittcij by tiif other pul)!ic duties of the American Commissioners. Wh.'it that date will he lie hopes to be in a po>.iti(>ii to inform mt on the tth instant. ■1 -I .\o. l!»s. iS'iV ./. Piiuncit\.e to the Marquis of Salisbury, — (Ueceived January 4, 1^92.) "Mn K"rd, tVashimilon, December 23, 1H\)\. 1 IIAVK tb" honour to imlose herewith Census Bulletin No. 12;3 relatiM to the lishing iiuluslry of the I'mted Stales eoiiiieeted will) nuuiiie mammalia.* 'I'lie business ouisued by ibe Aliiska Commercial C():n|);> !\ is not gi\en in tl ' He|;(iil. Kxcbisive of ti^e opcralioiis oi this Compaiiv, it a[i|)cars that the eainlii invcsled in the fur-seal and sen-otter lishery in 18^}) was 1 .')•-', 7. ') 7 dollars; the vabi' (d the luoducls liinddl in the same industry was 124,0f*3 dollars; the numb' i • Not printed 137 of persons eiiojip;,.,!, 12?. Of ihn f'nr-scal and otter fleet, 11 vessels hailed from San Kraiicisco, 7 from Port TownsDiid, Washington; 1 from Santa Barbara, California ; and 1 from Salem, Massachusetts. Of the employes, 28") were natives of the United States, 5 of Canada, 18 of Great Britain, 29 of Japan, and .'ii of Ncruav and Sweden. The number of the fur-seal skins tal en was 228. I have, (te. (Signed) JULIAN PAUNCEFOTE. No. 199. Sir J. Pauncefote to the Marquis of Salisbury. — [Received January 4.) (Tclegrapliic.) Washington,' January 4, 1892. \V1TII referenee to my telegram of the 2n(i instant, I have the honour to state that I was informed to-day by Mr. Blaine that the President cannoticonsent to the meeting of the Joint Commission until a definite settlement has beenjarrived at as to the remaining details of the Arbitration Agreement, which formed the subject of my telegram of the 2nd instant. No. 200. >■//■ ./. Pauncefote to the Manjuis of .Sa//,viuri/. — (Received Jnnucri/ 13.) ('rflci^raphic.') \\ ashinijiniu Jiiniuni/ 1.'5, 1S02. I IIA\'I"1 the lioiioiir to iiifoi-m your Lordship that ^Ir. Blaine is now most anxi( us for the ininuMliate nueting of the Joint Commij^sion, and begs that instructions may be sent to the two British Commissioners to proceed with as little delay as |nissil)le to Washington, which, in his opinion, taking ail the circumstances into consideration, is the most convenient place of meeting. I should be gUui to be iniornied whether Sir (jeorge Baden-Powell has left ior America. No. 201. Sir J. Pauncefote to the Marquis of Salisbury. — (Received January 14.) (Telecraphie.) BKIIH!\(;'S SK.\ Joint Commission. I think it of the greatest importance that Sir (1. Baden-Powell and Dr. Dawson shouhl be authorized to proceed to Washington at once. [ will telegraph to Lord Stanley, begging him to reijuest the latter gentleman to hold him- self in readiness to start. Washington, January 14, 1892. that Sir (1. Baden-Powell No. 202. Foreign Office to Sir G. Baden'Powell. Sir, Foreign Office, January 14, 1892. I AM directed i)y Jic >»ar(iuis of Salisbury toiidorm you thatSir J. Pauncefote has reported, l)v telegraph, tli;>t the United States' l!overnment are now anxious that the Joint Commis-sion shouh! commerce its sittings at once. It is therelore dcsTable that you shouid proceed to Washington as soon as you conveniently can. I am, &e. (Signed) T. V. LISTER. ■! , :^! ' [6731 • X ,l 111 ^ff Vr/ Coinmisfiiniierx. GcntltMtlcil. Fir'iiin O/firr, .hiiiiKini l.'i, 1^!)L'. I llAVK to inlorm you lliat iior .M;i)ost\'s .Miiiislrr at W'asliinsioii lias scim home tiip text of seven Articles. si<;-neil I)y himsell and Mr. IJIainc on ihc 18tli ultimo, wliich are to he emhoditnl in a foi'mai A^reeinent between lli'i' .Ma)"st\'s Government and that of the I'niled St.ates i'oi- i-elernn;;- to Arhiiialors certain questions at issue between the two (lovcrnincnls in ri'i^ard to tiie jurisdiction elnime(i liy the latter over the waters of ilrliiinii;'s .Sea in connection with the fur-seal fisheries therein. Sir .h Paunccl'ote has also forwarded the (e\f of an A^rccpient >ii;iie(l on the same day for the appointment of two Commissioners by Her Majcslv's (ioveinnii'iit and that of the I'nited Stat(-s respectively, to invest'gate, conjointiv wii > tlic Commissioners of the otiier (iovernment. ;i!i the lads relating- to seal life ii, Belli inii's Sea, and ilie iiecessarv measures for its pro|)cr protection and i^reservaiion, A co|iv of Sir .1. Pauncefote's dcsp.itch, inclosiiir^ Imth these documents, i^) forwarded hciewith for your information.* I now transmit the Queen's Commission under the Si^i' Manual a|)pointin<;- \on to be Her .Majesty's Commissioners in accordance with the provisions of tiic .loiiit Commission .\;:reeincni. and 1 leciucst tiiat \o!i will juocccd to W'ashii.^ion ,i<; soon as you can conveniently do so, in order to draw up the lic|)orl iiidicatcil in tin- second par.ii;raph of tiie A;;i"ecment. 'I'lie iiilormation wLich has been obtained b\ \our American colleai;tK's and vrolcclion of tlie fur-liearing seals outride the terrilori: I jnrislictioii of the two countries. In the event of .an\ points arisin::; on whicli the Commissioners arc unable to arrive at an understaiidine-, they should re|)ort jointK or sever.alU to each (iovern- ment i>n siicli p' ints. In conclusion, f lia\e to state that ller Ma)est\'s ( ioMMiiiiient pl.ice every reliance nii \our tact and discretion in the comliKt n| xonr invest iiratioiis with your Ameiieaii colleagues, who will, no doubt, be e(|U.dh desirous with \oursel\i's ot' arriving at a cnmnioii agreenient on the (pie^tioiej lo bi' discussed. 1 ;uii, iV:<'. (.Signed) SAl.isitritV. 111! * .Vo. 11)4. S^ 189 No. 2(tr). *'/■;• ./. Pdunrr/otr to ihr Miir(iuis of iiiilishiii-j. — { Received February 1.) llVl.'-rrapliic.) Wnshinijlon, miunnj I, IbDli. I II. \^ !•; the linnoiii- to iiifonn \(itir i.()nlshi[. that Sir (n'or^o iJadcn-l'dsvcll and Dr. Dausou iiavc arrived iwrc. I railed wiiii iIkmh to-dav'on Mr. lilaino, who promised that (he place and tune oi meeting of the Joint Commission should bo arranircul at oiiee. No. 200. Sir J. Puuncrfotr to the Mnrquis of Salishurn. — {Received Fehrunni 7.) My Lord. IVashivgton, January 29, 1892. 1 II.W'I", the honour to inelose iiorcwith eopv of a note which I addn-^.sed to .Mr. I5!ain(\ inlormiiiii' Imn ol t!io aeco|)tanc(> by Ihr Majesty's Ciovernment of his proposal that ihe IJehrin^'s Sea foreiivn Ari)itrat()rs rtliali 'be cliosen l)v France, Italy, and Suction. I have, tVe. rSi,:;ned) .lULIAN PAUNCEFOTE. Inclosurc in No. -'MG. ^<'/r ./. Pnuncrfole in Mr. lilaine. Sir, l\'ii\hit>f}ton, Janunrii 21. JS92. 1 II. V\ 10 the honour to inform you that immediatelv after mv interview with you on the I. 5th instant in rej^ard to the question of the countries who are to name the .Arbitrators in the I{ehrint;"s Sea eontroversv, I (eleg-raphed to tiio Marquis of Salisbury that yon did not insist on the knowledp^e of Eni;lish bv the Arbitrators as a condition, but merely as a desirable qualificaiion. 1 have now received a telegram front his Lordship, stating that li'jr Majesty's (ioveriiment accept your prt)'H)sal that the Arbitrators .shall be chosei. l)y France, Italy, and Sweden. I have, etc. (Signed) JULIAN PAUNCFFOTE. No. 207. Sir J, Puuncefoie to the Marquis of Sali^bunj. — {Received February 8.) (Telegraphic.) Washington, Fcliruurij 8, 1S92. I FOR \V.\I{|)|''n. bv bag. on the ;"th instant, for your Lordsiiip's ajiproval, a draft Hehring's Se, Aii)iiration Coincntiou which has been [iroposeil by .Mr. HIaine. The Joint Commissi. pressed for bv .Mr. iJlaine, and he hopes that Her .MajestCs (ioverninent will l)e prepared to put into force anv Uegidations whicli may be recommended by the Joint '•immission Cor immediate appli'.Mtiaii. No. 2()S lieiiriiuj's Sea Commissioners to the Marquis of Salisburij, — {Received February 10.) i eleLrraphic.) Washington, February '.), 1892. WK beg to report, tor your Lordship's information, that we have commenced III hold meetings of an informal nature with the .\ii.erican Commissioners, clearing III" ground where possible, but until tlie .Arbitration Convention is signev'i we have L572J ' T 2 s?;^ r; .' ■i'i Hi- m ml 140 decided tliat it is not expedient to comnience I'ormal work, or exliibit any of the con- elusions at which we have arrived. No. 20n. Cohiiinl Office to Voreiijn Office. — {Reciircil Fehruari/ 10.) (Extract.) Dmrninij Slrret, Vcbrmnj 10, 1S92. ] A^i directed h\ Lord Knntstbrd to .ncknowledfro tiie receipt of your letter (if tin 9th instant, inclosing paraphrase of n teleiiram from Her Majesty's Minister at WKsliinpton respecting the Bchring's Sea negotiations. Lord Kinitsford ile>ires me to state tliMt lie thinks it desirable, if tlic ^[arquis of Salishury sees no objection, to consult the Canadian Government as to the ])ro]io.sais for a renewal of the modus rircndi, and the enforcement of such Regulations ns the .loint Commission may recommend for immediate application. No. 210. Thf BehrirKj'fi Sea Commissionem to the Marquis of Salisbury. — (Received Fehrunri/ 11.' My LfM'd, Otliiua, Januanj J'.», 1892. W'K have tiie honour to acknowledge the receipt of yonr Lordship's despatch of the l.")th instant, inclosing tlie Queen's Commission under the Si^n ,^I;tMu,ll appointing us to he IIim' .Majesty's Commissioners in accordance with the pni\ isions ol the Joint Commission -Agreement of the Isth December, 1S<)1, between llcr Majesty's (Jovcrnment and that of tiie United States. We are not aware whether the United Stat(>s' Commissioners iiave as yet been appointed, but we were inlormed on the "jsth insiant by Sir .lulian Pauncefole that l\lr. Hlaine agrees to the meeting of the Joint Commission on the Tst February. \\'c are therefore proceeding at once to Washington, where we will endeavour to the best of our ability to carry out the instructions embodied in your Lordship's despatch under acknowledgment. ■V\*o have, &c. (Signed) CKOHriE BADEN-rOWRLL. (lEOlUJE M. DAWSON. I I ;| t '*.(>H '■ i )^ n Jl Pi 1 No. 211. The Behrinifs Sea Commissioners to the ^far(luis of Salisbury. — {Received February 1 l.i My Lord, Washington, February 1, IS!):!. \VK have the honour to report that we arrived iiere on the evening of Sunday, the .'Mst Jaiuiiiry. We called on Sir Julian Pauncei'oto the same evening, and he courteously arranged for an interview wiih the Secretary of State on .Monday, the 1st rebriiary. This iriorning Sir J. Pauncefote fi)rmaily introduced us to .Mr. Blaine, who told us that he would at once make the necessary arrangements for us to meet our fellow Commissioners, but he did not anticipate that a meeting could take place before Wednesday, the '^rd instant. We took the opportunity of cxplaiidng that we were fully prepared tocoramencc work to-day. We Lave, &c. (Signed) GEORGE BADEN-POWELL. GEOUGE M. DAWSON. 141 No. 212. Sir J. Pamicpfnic to the Maniids of Snlistiurij. — (Rpcrivtd February ]!).) (Kxtraot.) Washitnjton, Fihriinry \, 1 BO- AS I had llic lionoiir to ropnit in my drsiiatch of llie 'JOtli ultimo, I informed Mr. niaiiic, in a note dated tiio 21st ultimo, that Her Majostv's (lovernment had icooptcd his proposal, that the tliroo lort'li^ii momiuMs of (he ndiriiiq^'s Sea Arbitration Trii)tiiud shoidd ho chosen l.v I- I'anci', llalv. and Swodc On (ho ;^Oth ton, ai the Articles already sij^iied, and also the Joint Commission .X^reemont id incorporates It arraii"cordship's consideration.* The reason assi;;iie if 1 were instructed, by tcle!;ranh, to oii;n the Convention (with such modilications as your la)rdship mav desire) nunc pro tunc, and without awaiting;- the arrival of my lull powers, which can be communicated later on. Inclosurc in No. 21-2. Sir J. Pimnc.efole to Mr. Blaine. gir Wdsliinrjton, Janvari/ 30, 1802. ALL the details of the nehrin<>'s Sea Arbitration having now l)ecn iinally setded bv the unders(andini;- arrived at as to (he (iovernmeiUs who shall be invited to sclec( (he three foreign Arl)itrators, 1 have the honour to recpiest you to be s>()(kI enou"-li to inform mo whether you are prepared to proceed at once (o the jirepara- tion and si<'iia(ure of (he formal .\rbiti,ilion Convention ;ind of the .joint tJommission A"reemcntrin accordance witli the te\i of the Articles (o be inserted (herein, which was signed bv us on the b'^di December ias(. I have, kc. (Si-ned) JULLVN I'ArXCI^rOTE. No. 213. Sir J. Pauncp/ote to the Marquis of Salisbury.— {Received February 15.) Mv Lord Washington, February 5, 1S02. AT the in(erview which I hail wilii Mr. Blaine on the subject of the draft Arbitration Convention transmi((ed in my previous despatch of this date, he strongly pressed upon me the importance of being prepared to put in force during the ne.\t • For Convention at ligned, see No. 246 . m:;,„ II II •i\'2 fishery season in Relirins;'s Sea such Ret:nlaiii)ns as niij;lit he recoinniendod hy the Joint Commission which is al)()iit In coinniciicc its siltin^s in W .■ishini;li)n. Mc oljsrrved that it was nnw (luitc ccilain ihat the ail)iliali(>M wonid not l)c concluded lor nianv months, .iiid no lime, tlicit'lore. sliouhl Ijc h)sl in devising anothci' //(oi/i/.v lireiuli, to lal\c cllcct irom llic cxjiiration iit the i^rcsciil one. In answer to his inquiry as to the poucr ol' Ilcr MajeslN's Ciovei nnvnl lo put in force any Uej;uhitions wiiicii ini^hl t('m|ioraril\ he a^rci-d upon. 1 •'/;• ./. Pututrcfnle. (Tcleu'rapliic.) FnrfKjn ()//in; l-'^linuriy K!. 1S1)2. 'I'lll'l draft Convention, inclosed in vonr (h'spatch of liic .')tii instant, for referrins;- to arhitration tile cpiesliohs at isMie iiciwecri Her Majesix 's (lovernnient and tliar of the rnitcd St.-ites in eoniiection with the si .-li il.Jieries in liehrinti's Sea, has lieeii reierred to the Law Ollieers of the Crown, who have heen asked (o lnrni>h a Reiiort on its terms at their earliest convrMiiencc. a Report on its terms at their earliest convenience. Her Majesty's (ioverninent caiuiot express an opinion upon Mr. Hl.-iiiie's proposal tor a fresh motlus rimuli durin<^' tlie present \e;ir until (hev are further informed as to what the provisions of the miKlus vivrudi are to lie. It does not seem to he at all necessary for the preservation of the fur-seal sjjecies that sealing should he entirelv orohihited. he entirely prohihited. No. -Jl.".. ■S'iV J. Pauncefote to the Marquis of !:>(iltsbuii). — tliecfivi-d i'cbruarii l"?.) (Telcirraphic.") Wash imttiu, Fthrunnj 17, 180'J. W ITll ret'ercnce to your I.ordsliip's telcLrram ol' the iGth instiint. Mr Khiinc jiresscs Jhat the (jUiitioQ cf the moilus livriidi j-hoiild he considiicd iuui riptutiil on hv the .loint C(jnnnission. I have inlorined him that, in my ojiinion, it hi.s iiu power to do so undei- its present mandate. Will your Lordshij) niforin mc whether \(iU arc williii!; that the ntctss^ary authority shall he i:ivi'U to the Coiiunission, provided that no ohligjitions will be imposed upon cither Govcrmnenl hy its report ■ No, Jlf,. The Mnrqum of Sdlislniri/ I" Sir ,/. Piiiincrtotr. ('releLM'aiihie.) Fnrii(/ii Of/irr. l-'ilini(n ii \^, ^'^'.Y2. IWAi M.-iJesly's (jovernmenl have haii under their consideration Mr. I'llaine's pro|)()sal, reported in your telegram ol yesterday, that the Joint Commission should cNainine and report on the fpiestimi of ari'angii.g a fresh vitnlii.s rirrndi during the next seal-llshim; seascui in I'elinng's Sea. 'I'licN h;i\i' no olijeclioii to its l)eiiig con--idered \>\ llie Commission uhether. in case the dt'cision ot'tiie Arhitrators is not ohtained heloic .hine on the points lo he suhmitted to them, an\ niodu.i rirrndi will l,e necessary, and, in tli.U case, what should he its provisions. ller Majesty's CovernnKiit must, liowever, reserve ahsohitely their light of action in respect to any recommendations that may he made hy the Comi'.ds- sioners. In the present state of Parliamentary business, it seems unlikely that it would be possible to obtain any fresh powers from Parliament. IJ 143 "The Seal Fislicry ( |}i'liriiij;-'s Seaj Act, ls',)l," is slill in (oifc, but it only gives power to |)ii)liil)il sfaliii!;- in Hi'linng's Sra l)\ Onlcr in ( ouncil within liinitH anil for a pcriinl to ho specilied in tlic Order ilsell. Voii slionlil coniniiinieate to the Canadian ( iovcrnr.icnt the siii)stanee of your tcley;rnMi ot the 17th instaiil, and nl' mv rcpis'. No. :il7. The Murijuiii of Siili.flinrn in !^lr .[, Pnunccfolc. (l'clo;»rni)liie.) I'orr'ujn Ojh'rr, Frhruury 20. 1S()2. IIIIR Maje->t\'s (iovcTiunent have had nnder their eonsideralion the draft, of a Convention, lorwarded «ith your despateh ol' the ^th ii:slant, tor arliitration on the (jiiestion of the seal lisluMacs in Mehrinz's Sea. 'I'licy are pi'epared to aecept it, sulijeet to eertuin atnendnicilts which I have telegraphed to \ on. No. 218. 77//' lii'Liiiitj s Si'it C'i the .W>/r/yi//.s' of Siilixbiinj. — {Received February lij.) My l.onl. Arlinijinn Ilolrl, Washinginn, Fehrnarii IP, 1892. IN contimiiition of our iK.<[):iteli of the l>t instant, wc have the iiononr to report that after int'oiinini; the Sccrttary of State ot our readiness t() eoainR'iice work on the .Joint ( 'oinnii^sion on the l.st l'ei)rMary \\v received no fmther intiinalion as to our conference> until So- .Iniian Pauncefote coniinunicatcd to us the inlbrnialion tliat in letters iliitcd tlic (111 and (ith I'Vhruarv ^Ir. lilaine iiad p /intcd out to hini that wc eould not |)r(i- eeed oflicially to the (ii-cliaiL:e of our duties ur loranilatt our llcports until the Arhitratioa Convention was siu;neii, l)ut that he woidd interpose no ohjection to our hoklinj,' preliminary and informal conferences. 2. On the 8th I'cliruary we accordingly held our tirst preliniinary conference, and nuich pre|iaratory work was got through. It was then arranged to hold :i second con- ference on the I Ith instant. M. riie decision on Mr. IMaine's suggestion that, pending the signature of the Arbi- tration C'otivcntion, the meetings of the .Joint Commission were to be informal, we com- nninieat((l to your Lord-lap on the itib insta'' in a telegram of which a paraplnu'^c is inclosed hi rewilli. I. On the loth I'chiuary, however, Sir .1. Pauneefotc received and communicated to iw a fmlher letter tVoni tiie Secretary of State, ilaled the previous day, in \\i\ieli .Mr. Blaine lauxpeetedl) took up ipiite a new po>itiiin. stating that the Uiiited Slates' Commissioners iiad now hecti instrneted to make known to us their rea liness formally to ari'ange for a ioint eonferenee, ar.d proceed witliout further delavto the disciiarge ot'the duties assigned 10 them. ,'). W'c veiitnied to suni^est to Sir .Julian I'.iuneelote that in view of the stronu' opinion expre>^id hy Mr. Blaine in his lettcrsoi the ith an i dtii February i: iniuhl be well it notes were lAehangiil between the two (ioxernnu'iit-;, ileekuinu' that all work and contt'renees of the .Joint Commission unilerlaken before the signing of the Arbitration Couvi mion would be regarded by them a.? formal and efiicient in character. t). On 'riiurMlay, the 1 lib in>tant, after eoii>ultatii)ii with Sir .J. raunccfote, we held the second cimlirenec, at wbii.li wc eommunieated our respective powers, and deeiiled to legard that and future meetings as formal pending the signing of the Arbitration Con- vention, and on the understanding that the respective (Jovernments have so determined. 7. W (' have now decided to meet ///■ (/(/• in didn, and there seems to be every prospect iif our progressini; well with our work. S. The (Jnited States' (Mncriiment have very courtcouslv ja'cvidtd aceoinmodation for lau" conferenecs in looms at the Slate Department. AV^o have, &c'. (Signed) (iKOnOH BADEX-POWELL. CiEORCE M. DAWSON. •'. 144 No. lM!). I. Old Shiiihi/ t,t I'ri'fl' II lo 1. 1. 1(1 Kiiitsl'ii (I.* i Hrrrind Fihniari/ 24.) ('r«'lci:rapliic.') Oltmni, luhiiiniij 2',\, 1M»2. \\'ITII rdrvciicc tuvmir tflcu'r.iiii of tin- Kitli iii^l.'int n'^|n'clini,' llic ukuIiis riri'tuli ill I'rliriiii,'^ Ni'.n, my .Ministers di> not pusM'ss iiny iiiriiiin;il ioii In sliuw iIimI h moilu.^ rlrniili is iicccs-'iry. nv tliiit it cmii Ik- I'CMsdiifililv ilcinnndi'd. 1 1', Imwcvci'. sucii inicirmalinii has icaclicil llcr Maji'slv's (loxcniiiii'iil, tin- (JovrrimH'nl oi' llic Doiiiininii wniild lint u|i|io-(' siifli a Hindus rlniiiil |iriai(li'il thai it were cmilliii'd to a zone ul iiioiiciatr limits, say, i.'i iiiih's. aioinid tlir seal islands, and jirovidiMl tiiat it is acriimiiaiiird hy strinu'ciit I'csti'ictidiis au'aiiist tlic killiiii; ul' seals (Hi laiul, with hetter su|ier\ isioM than diirini: 'ln' hkkIiik riicndi ul' last year. Any arnmi^emcnt of a UKire extended chaiactef wi'uld invnhe CMmiiensal inn to the sealiiiLr-vcssels, and lnr this, n. N( iiiO. iS//- ./, Piiinirrjvtc lo tin' Mnrijiiis of !^th in-tant. xNo. 1"J1. .>'('/• J. Pduncrfote lo tin' Manihis of Siilisbiiry. — (Received Fehruanj li(>.) (Telegrnpliie. I U'dshltujton. Februari/ 2G, 1892. MY telegram ot yesterday. Mr. Hlaiiie specially desires mo to telegraph to your Lordship rerhitlini tlie followiiif,' I ;.riii;ia|li coulaiiRd in his rote ot the 'JIth instant re-pecting the modus liiendi: — •'lliddiiig an aihitratimi in i^uard to the rightful mode of taking seals, while their destruction goes forwaid, wiuild ht as if while an arbitration to the title to timber-land were in proi-'riss, (jiie jiarty were to cut remove all the trees." lie attaches much importance to this illustration. iSo. 222. 8lr ./. Paunrefole to tlir Miir(]uis of Salisbury. — {Rervived February 27.) ( relcgrapliic.) Washington, February 26, 189'_'. WITH reference to your Loiu.ship's telegram of the •J.^ith instant, the opinion of tlie British Ik'hring's Sea Commissioners as to a modus vivendi may he convenient to your liordsbip at this juncture. They report as lollows: — • Hepeated to Sir J. PaunwfQte. iir> " \ve (In not ii|)|iri'li('ii(l any (liui;,'LT of serious Ciirllii-r dcjilcfioii of tliu fur-seal resort- ini; to liic I'liliylott Islands, as the result of hiinfin,!,' tliis year, unlcsn excessive killiiii,' be ptTiiiitted on llu; hieedini; is|,ind». As a jiidicious leinpoiary nnusiire of preeaution, liow- ever, (or this season, and lookin^' to |)erMiancnt. ri^'iilalions f/ir the lishery as a wliole lieing eslahlislied in time for tiie seiison of lS as a maximum of the" seals killed lor any pur|iosc on the islands." I believe that the necessity for the total cessation of pcla!,'ie sealini; will be insisted on by tiie Aineriean CommisHoners, it the (|neslioii he relerred to the Joint, Coinmission; [)at 1 submit that it is not nicessury lor us to jjo beyond the opinion of our oun exiicrts, pending urbitrutiun. No. -J^.J. The Marquis of Salisburij h l^ir J. Vauncffolc. (Teleirrapiiic.) Vorriijn Office, Februnry '27, 1892. lllCll Majesty's (Jovcrnmcnt have iiad under their consideration your tcleuTams of the L'Jth and 'Jlith instant, deaiiii'.: with the (piestion ot the modus viveiuli proposed by Mr. Hiaine for the approacbiiii; se.d-luintini; season. 'Ihey cannot admit in any decree the correelness of .Mr. lilaine's statement that there have been greater delays on the part of this country in tlu; negotiaticns for settling the 15ehiinu:'s Sea ditlieulty than there have been on tb.it of the United .States. The consent of Her Majesty's (lovernmenl was uiven last year to a modus lirendi solely on the i:iunn(l that tiie |)reser\afi()ii of the seal species in those waters was supposed to be ci)daii;:eied unless some interval W':re udveii durini^ which there would be a cessation of liuntini; both on land and sea. No inlormation has reached Her ^[ajcsty'!; (iovernnicnt to lead them to suppose that so drastic a measure is ie<|uib!te lor two successive seasons. Indeed, they are informed by the British members of the Joint Commission now sitting at Washin^'ton that there is no danjier, so lar as the sea fishery is concerned, of any serious diminution of the numbers of the lur-seal species as a consetpience of hunting them (lurinu; the a|)|)roachint; season. ^'ou aie, however, authorized to offer to the Government of the United States the com|)i'onii>e su^'irested by the Hritisii Commissioners, and reported in your telegram of the 'Jdtii insiuiit, viz., that ilurini; the present year the killiui; of seals at sea should be ])roliihit«Ml within a L'iveii radius not exeeedinf; . nautical miles round the Prihylot! Islands on condition th;,t the iimnber ot seals to lie killed lor any puijiose on the islands shall be restricted to a delinite amount, imt exceeding -'30,000 at the utmost. A speedy decision is necessary, as wc are inlbrmed that the sealing vessels are already leaving port. -Mr. Blaine's comparison of the |)resent situation to a (|uesti( ii of ownershii) o( timber land does not appear to me to lie apiiiicahle. The case ri'sembles ratlier an ariiitration on the title to a meadow. \\ lole the arbitration is pending the party in actual possession cuts tiie grass, and rightly so. inasmuch as next year the grass will be reproduced. This will equally be the case with the seals. No. 22-1. Sir J. Fauncefotc to tlir Murquis of Salisbury. — {Received February 28.) (Telegraphic.) Washington, Fibruary 26, 1892. I .^M recjnested bv Mr. Blaine to iiiloini your Lordship that be has received the following Report from the United States' Consul at Victoria: — " Forty-six sealing vessels cleared to date, .ax or seven more to go. .\t the same date last year only tliirly-one cleared." [572] U lVI>J)n»pWW-Kpn')*.L''.(''WH*lluiPP!i ''ii^ii*;^ 'li^UUUUFI . 14G No. 22.'). .S/> J. Pauncefote to the Marquis of Salisburit. — {Received February 28.) (Telriirnpliio.) 'IlilC Convonrinn will bo si-jncd (ui Mondav, at 11 A.M. Wmrhinifton, February 27, 1892 i 5! ;: Ui t •= ; 1 No. 22(i. Sir J. Piiunrrfotr to the Marquis of SaUsbury. — 'Received March 1.) Wnshinrjlon, Fehrunry IH. 1^02. oorrcsponiioncc vliicli has .My L<«nl. I Il.WR tlic hdnour to inclosp Iiorcwitli coiiios of a tnkcii ])liice helwcen Mr. Hlaiiu- aiul iiiyself on the subject of tlii; Hfiinnir's Sea .loint Commission. ^ our I^orcKhip will roniomber tlir.t the Hritish ','ommissione's were summonel to Wasliin^rton at the ro(iiiesl of Mr. Blai lo, wlio. afier h.uin'^ iiorsisicntly refiise-.l to ;i^ri'>' to llie Mioetinii ol' the .foiiit ('omini.-sioii until after the sijxnr.ture of the Arbitration Coiivcnti'in, informcil me on tlu- \W\ ^••inuary (as I bad tlie 'lonour to report to vour Lordsliip by tolejjraph on tbe same d.iy i thai be was now ai'xious that tli" (."ommission should sit at once, and lie ])r()|)ose(I Wasliin^ton as liie nu<>\ eonvenieiit ])]aee of nieetmir. Acfordmuly Sir Ceoriro Uaden-Powell, who was tbi'ii in luiirlnnd, started by the lir-i opjx^rtuniiy for New York, and. after vi-itin;r Ottawa, arrived in Wasliincrton with his f'an;ulian coreaijue, Dv. Haw-on. on ilie .Tl-t ultimo. Hn the lollowini: day (.Monday, the 1st iiustant) I presente.i them Ibimally to Mr. IMaine at tiie State Departuient as liie Biitisli Commissioners, and I understood from him tiiat thcywould be i)liieed immediately in communicittion «itii their Americiin colleamies with a view to proeeedinir at once witd the business of tiie .loint Com"iis-ion. It was not, liowever. until tlie evening: of Fiiday. the ;"ith. that I reeeiveti a note from Mr. HI. line inlbrniinj:^ me of tlie foiinal api'ointiuent of the American Commissioners, and statinir that as soon as lie should liave heen " oilicially advised " by mc of the appointment of Commissioner^ on the part of the Hiitisli (iovernmeiu. the I'liited States' C'linnu—ioners would be ready to confer with them " intoi-mally," but that until the Arbitration Convention shouhi liave been siij^ned. the Commissioners would not he expci'led to aiiree upon or Ibrmiilite anv Report. This communication, wiucn I received with surprise under the circumstances above mentioned, led fo the corre.'«ooiicienee wiiich I have the honour to inclose, Irom which your liordship will perceive ttiat Mr. Blaine ultimately ajireed that the Comndssion should proceed formally to busiiie^a. Hut the first meetinj; of the Commission did not t.ake ])lace until the \M\ instant, and a whole ' fortnight was lost by delays, for «hich it ai)])ears to me that the United State- Government are ahme responsible. I \\-'X to draw your liordslii])'s ])articnlar attention to Mr. Blaine's remarks in his letter of the (ilh February on liie selection of Commissioners niaile liy Her .Maje^ry'- Government, and 1 trust that the answer which I returned to tliat letter will meet with your Lord-hip's approval. I have . &c. (Signed) .nTLIAN PAUNCKFOTE. liiclosure 1 in .No. 22G. 3/r. Uliiine to Sir ./. Pnuncetote. Sir, Department of State. W'd.thiniitnn. February t, 1K92. 1 II.WI''. the honour to inform you that the ['resident lias this day appointed ami co'imii-sioned Thomas Corwin M( lulenhall and Clintivi Hart .Merriam to act as Coni- nii- oners on the jiart of the (Joveniment of the Cnited States in accordance with the A;:reeinent «hich I signed with you on the ISth Dt'cemher. IS'.jl, to investisate and report, conjointly with Commissioners to be appointed t>y the British (iovernment. upon the facts iiavin;; relation fo the pre-ervation of seal life in Jiehrinaf's Sea, and the niea-iires necessary for its jirotectiiii and iireservaliim, with a view to tiie suinnis-ioii of their conclusions to the Hoard of Arbitmtors, wliohc eousiitutiou ban already been agreed upon by us. Until the C'(/nvention for Arbitration ciiall have been signed the < 'ommi.ssioncrs will not be expected to ajrree upon or formulate any ileporls. but after I shall be oHiciaily advised by you of the appointment of Commissioners on the jiart of tae liritisli (iovern- 147 mont, the rommissioiiers on tlie part of the United Slates will hold thcmseives ready to oonfer infornrJiy «itii tlieir ]?iilisli colleajriH'J^ iit sueli time as may suit tiieir c«m- vcniuiico. I have, &e. (Signed) JAMES G. BLAINE. Inclosure 2 in No. 220. /Sir J. Pdunrrfotc to ^[|■. Blaine. Sir. IVnsliiiirjtnn, Frhrunrv (i. ]S!)2. I Il.VVr. the honour to .-icknowledi^c the receipt of your note diiled tlie 4th Fehniiiry (h-tt only delivered yo.sterilny overJuL;*. in wliieli 'jou inform me that the President lias a])i)oiute(i .Mr. Mendenliali and .Mr. .Merriam Commissioners, on the part of thi> CJovernnient of tlu I'nited States, on the .loinl Commission tiierein reierred to. Sir (Jeorijo I'laden-i'oweil atid Professor Dawson whom I iiad tin- In.i'our 'o present to you on tiie Isl instant, iiave Ix'en dtily appointei ommissioners on tin. ]/arL of Her Majesty's (fovernment. and, as I have already stated to you veriially, they are turiushed with tiieir credentials in due form. On the 1"th ultimo, at your request, 1 eommiinieated to the Marquis of Salislmry, liy tele::raph, your desire tliMt the Britisli Commi-siimiMs siiould proceed at oneo to Washinirton. Aeeordiiii:ly. Sir d. Haden-l'oweil left 10n;jland for that purpose hy the first .steamer, and arrived licre with Dr. Dawson on the 1st of the montli. They liave heen awaitinii' ever since to he placed in communication with the I'niti'd Statr-,' Com- missioners, and 1 trust that arrann'cments will he mad(> for the inectinir of the Commission on .Monday ne\t for the jjurpuse indicated in the last ])ara;;:rapli nf your note under reply, although the British (.'ommissioners came prepared, not for an informal conference, hut to jiroceed otlicially to husiness. I have, &p. (Signed I JULIAN PAUNCKFOTE. laclosure 3 in No. 220. Mr. Blaine to Sir J. Painirrfote. Sir. Dfpnrtmfnt of Stntr, W'ashitiri'on, Frhrunrv (5. 1S!)2. 1 AM in receipt of your note of this d.ite, in which you j^ive ine the othcial notifica- tion lit' the appiiiutmcnt otSirCi. IS.ideii- Powell and Prrd'essor Dawson as Commissioner.s nil tlie part of the Britisli (ioveriiment on the ,loint Commissicui created in view of the proposed fur-seal Arhitratiiui. In .•ieknowl(d^:lnj!; your note, T deem it important to direct yonr attention to the tact thai the ai V to await the ai'proval of the draft of that iiistruiueiit, wliieii you have forwarded to LoiuImii. 1 iiave interposed no olijeetimi to iircliminary conferences of the Coniiids- sioners, aiitieipaliiij; the siirnature of the Convention wilhiii a very hrief period. 1 liave, &c. (Si-ned) JAMES (J. BLAINE. Inclosure 4 in No. 22U. St ./. Patinccfolc to Mr. Bliiine. im '•! Sir, IVashington, Fehrunrii S, 18!)2. I M.VVE tlie honour to acknowlcd^jc the receipt of your note of the Otli instant, in "hiili you oliscrvc upon the selection made hy our re-pective Oovernmcnts of the nionihers of the Joint Commission which is ahout to sii at Wahhiniitoii for the purpose ot investi^'atinij and reportiiiir upon the facts havinij relation to sea) life in IJeiiring'.s Sea with a view to the proposed Arhitration. The second ])an»itie tiie services of two such distinguis ed j^euthinen as rrofessur Mendenliall and Dr. Merri.im. 1 must express my surprise and regret that you should have thought fit to reter in terms of (!ispara'.rement to the dioice made hy Her Majesty's (iovern- nient. The I'liii^h ( 'ominissioners, Sir (i. nadeii-Powell and Dr. Da»soii, are gentlemen wlio-e scioi'tilie alt;iiiiineiits and >peeial (jualificaliuns tor the iluties intrusted to them are too well known to rec|uire any vindication on my part. But you complain of the f.,el tlat Dr. Dawson in IS'.IO wiote a jiajjcr on the jtroteclion of the fur-seal in the North I'aeitic, in uhicli he c(nnmitteil hiui-elf to certain views. Ttii,-, shows that lie lias made the ^uhject hi> special stinly, and it appears to me that he is all the more (lualilied on that account to take part in tiie iahours of the doint (.'oinini.ssion, which, 1 heg leave to point out, is not a Bi ard of Arhitration, hut one of Invesiigation. Dr. Dawson's note on the fur-seal, to which you refer, v\as merely haseil u|)on such puhli-hed material as was at the time availahle, and 1 have his authority for stating that he does not feel hiuiself in any way hound to the o]iinions expres>ed from the study of that mateiial, in the light of suhseiiuiiit jiersonal investigation on the ground. You likewise complain that Sir (leorge Baden-i'owell liad, previou>ly to his selection as Cominis-,ioner, made puhlie hi-, views on the suhjeet. and also that lie is report«'d to have stated in an aildrc>.- to his raiiiameiitaiy constituents that the lesiill of the invcstiiratiou ot the J(dnl Commissicm and of the propitsed Arhitration would he in favour (if his (iovernmeiil. Sir (i. Baden-Powell is ])articularly i ground, therefore, for charging him with partiality. ^Vs regards the language imputed to him on the occasion of an ail(lre>s which he riceiitly ilelivered to his C( iihtiluents in England on the lahotir (juestion, it appears that some introductory remarks, in which he referred to the Bchring's Sea fjucstioii, were inaccurately reported. Wiiat lie did state was that, thanks to the arrangement arrived at between the two m acManaaaaae wry 1-19 Governments, the Helirinffs Sea difficulty would now be settled in the true interests of all conciThC'd, and not of any one side or the other. I mi\y ni(Miti(in ttiat the .)))inions of Professor Mendonliall and Dr. Merriani on the fur-seal (lueslion were inihlished in several journals in this country shortly alter their return from Uehrin^'s Sea, and were slated (I know not with what accuracy) to be o])i)Oscd to the views which have l)een urf,a'd on the side of Her .^[ajesty's Govern, nicnt. I'ut I ilo not su^'^^ost that the United States' Commissioners on that account are dis(iualifieil IVom lakini;- nart in tiie labours of the Joint (Jonunission ; I claim that all the ComniisMoners, British and .\jncrican, arc equally entitled to the conlidence of both (rovernirents as men of science, honour, and impartiality. The ciunsc which has been adopted for ascertainiuir what measures may be nccessar,- for the protection of the fur seal species is sui)stantKilly the same as' that which I had the honour to propose to you, on belialf of Her Majesty's Government, nearly two years aijo in the form of a tlraft Convention, inclosed in my note of the :i9th April, H'.tO. I rfjoicc that the proposal I then made is now to be carried out, and I cordially unite in the hope, expressed in your note under reply, that the result of the labours of the Joint Commission will promote an equitable and mutually satisfactory adjustment oi the questions at issue. I have, &c. (Signed) JULIAN PAUNCEFOTE. luclosure o ia No. 22(). Mr. Blaine tc Sir J. Pnuncpfote. Sir, Department of State, IVashinijton, February 9, 1892. I HAVE been informed by the American Seal Commis-ioners that, in an informal meeting with tlieir British colleagues yesterday, the hitter expressed an unwillingness to enter upon conferences of any other than an ollicial cliaractcr, and they therefore proposed that their joint conferences be postponed until after the Arbitration Convention KJiall have been signed. I bcir to stale to you that the (xDvernntent of the United States is very anxious to expedite as inucii as pussihie the consiiieration of the important questions submitted to the Commissioners; and in view of tiie fact that it regards the Arbitration Convention as substantially agreed upoii, the American Commissioners have been instructed to make known to the British Commissi mers their readiness to formally arrange the joint conference and (iroceed without further delay to the discharge of the duties assigned to them. I have, &c. (Signed) JAMES G. BLAINE. Inclosure G in No. 22(!. S/r J. Pauiivpfnte to Mr. Hhiine. Sir, WdshiiKjlon, Frbniarij 11, 1802. I HAft the honour to receive yesterday your note ol' the lUh instant, in which you state that you have been informed by the Amcriciit Seal ('ommissioners that, in an inforuial meeting with their Briti-^ii colleagues on the Sth instant, tiio latter expressed an unwillingness to enter upon conferences of any oth.T than an otiicial character, and they therefore proposed that their joint conferences he postponed until after the Arbitra- tion Convention has been signeil. The British Commihsioners, to whom f comnumicated yom' note, have informed mc thai, at the iu-elin\i;iary conference 'f the Commissioners on tiie Sth instant, they discu-sed with their colleagues "hat wiirk of a pieparat(uy character could be got throuLch at once. I'he meting was intormal, according to the conditions lanl down in the la.st jmrairraph of your note (o me on l!'" tth instant ; and it was arrange I by the Commissioners to hold a second preliminary contcreuce this day at the State Depart- ment, at 3 o'clock, at which they could discuss certain matters which tlioy had undertaken to cousider ia the interval, and to do other preparatory work. p 150 In consequence of your r.oie of llie !)th instant, the British Commissioners hope, nt llio conrcroncc to-iiay, to lurange with tiieir colleagues tliat tiio joint coiit'erenco Hliali proceed to business t'ormally. I have, &c. (Signcii) JULIAN PAUXCKFOTE. No. 227. S/r J. Pnuncffotr In the Marquis of ''^nlisburij. — (l\preiied Marcli I.) ^fy r.ord. IVdsliiiKjtnn, Frbninni IS, 1^!)".J. W iril reference to my prccedinir liespatch of to-ihiy. rehitinf;^ to tiie Behriii<:f's Sen Joint Tonimission. 1 iiavc the lionour to inclose copies of an informal note ^^lli(■h 1 received from Air. Rlainc on the 12th instant respecting the refusal of the Ikitish ('on!tnis>ionerf to deal with tlie (juestion of a moiliis virnuli, and of the replv whii'li 1 returned thereto. Also a eo])y of a letter addressed to me on the I'Uh iiolant hy t!ie Briti.sh Commissioners, inr,uirini5 wlie'lier the ("ommission is authorized to consider and rejiort on niea>ureh of se.il preservation within the territorial juri.sdiction of either Power. 1 took the opportuity of a visit to the State Department on Monday, the luth instant, to show the last-mentioned leUer to Mr. IJlaine, nho, after readinij it, expresi^ed his ^urprise that, lookin;jc at tlie wide terms of the Joint Commission A;;ieemen», tl!e Commissioners should entertain any doabt as to tlic scope of tlieir powc.s ; uul ' ommissioners snouui enienain any ooaoi as lo me scope oi lueir powc.s ; uul He uiruested tliat they sliould all he invited to meet him and me at the Stat,' I)ei)artmcnt the foUowinj;; morninjx to explain their dillicult). The meeting; ac'.Mr(linf;;ly took place, hut all di.scussion was rendered unnecessary hy the nnnouiKJement that the .American Commissioners had, since the date of the letter, arrived at the conclusion that they wen' free to eiui^ider all measures, even though they might relate to matters witiiin national jurisdiction. I have, &c. (Signed) JULIAN PAUNCEFOTE. Inclosure 1 in No. 227. Mr. Blaine to Sir J. Pauncefote. My dear Sir .lulian, 17, Madison Plncp, Washintjlon, Frhninrti 12, 1M)2. TIIH motive you liave always urged upon me for assL-ml)ling the C'ouimissioner-* nn Seal I'isheries at tin earlvdate was that they could provide a modus virrmli that wouM be sullicieiit, wliile the .\rl)ilrati(m sliould go on with plenty of time to consider the various ])oints. 1 was surprised to hear that your Commissioners yesterday declined to discuss the vindii.t liffnili. on llie allegalio!i that tl' :t «as a suhjeet reserved for you and me. 'i"hi> jiuts an entirely new phase upon the wuxk of tiie Commission, and largely diminislies its value. Will yon have the goodness to advise me of the precise .scope of the work which you have as-jirned to your Couimissioners ? Very truly, &c. (Signed) JAMES G. BLAINE. Inclosure 2 in No. 227. Sir J. Panncpfote to Mr. Blaine. Dear Mr. Blaine, Washington, February 13, 1892. IN reply to your letter of yesterday, I heg to state tliat, in my opinion tlie British Commissioners ate right in holding tlial they have no jiower uii.ier their present m'indnt( to discuss the (piestion of a modus vivndi for the next (ishery season. Their nuthority is limited hy the terms of the Joint ( ommission Au:recment, the text of which we signed on the lyih December last. That aullioritj' is coniined to reporting their views oi. 1 151 what Fishery llof^ulations of a permanent character nmy ho necessary with a view to nrbilratioii. Tlie question of a modus vivemJi jtendinij the rosuit of the Arhitralion is one for the two Governments to discuss. I have certainly ur-ed, as an additional reason for the early meet in": of (he Joint Commission, that its Reports would furnish our Governments with valuable materials for such discussion ; hut it can hnrdly he contended that the Commissioners can properly deal witli such a question without spVcial authority from their resi)ective Governments. I comuHuiicated to Lord Salisbury the proposal you made to mc at our interview of the 2nd instiint, tliat our two Govern.nents should a!j;ree to a modus ilvcndl, and I am awaiting his Lordship's reply. Very truly, &c. (Signed) JULIAN PAUNCEFOTE. Inclosuro 3 in No. 227. The Behring's Sra Commissiihirrs to Sir J. Pauncefote. Sii", Arlinglnn Hold, Washington, February ll^, 18!)2. WE have the honour to inform you that our cidleairuos on the i5ehring's Sea Joint Commission have to-day explained to us that tiieir original letter of instructions lias now lajjsed, and that they have no further instructions than those contained in the text of their Commission. We are now holding daily conferences, and arc anxious not to waste time by discussing matters outside (he scope of our mutual instructions, which should, we presume, be identical. We agreed with our colleagues to ask whether you would (d)tain from the Secretary of State iiit'ormation as to wlielher the United States' Comuiissioners are, like ourselves, authorized to consider, and, if they .^ce fit. to report in favoui of. measures of seal preser- vation in general, or whether they are restricted to measures outside the territorial jurisdiction of ei(her Power. We have, &c. (Signed) GI^ORGE BADEN-POAVELL. GEORGE M. DAWSON. ! No. 22S. Sir J. Pauncefote to the Marquis of Salisbury. — (Received March 1.) (Telegraphic.) Washington, February 2", 1 '^Hl'. Hl'.l IRlNCi'S SEA. The Arbitration Convention was signed by Mr. Blaine and myself this morning. Is it desired l)y your Lordship that the cxelianije of ratifications siould fake place in Washington or in London ? I No. 229. The Marquis of Salisbury to Sir J. Pauncefote. (Telegraphic.) Foreign Office, March i, 1S!)2. LN reply to your telegram of the 2!lth ultimo, the e\chanL:e ot ratificatums of' the Hehring's Sea ('onvention could be carried out more expeditiously H m.if tlic IStli ultiiiio, inclosing oo))ies ol cMr^- siiondeiice witli Mr. Hlaiiie in rejjard to the nieeliiii; of tlie .luint Comitiissioiiers appjinted under the Aijrcement ot the i8th Deceinhei' i;i-t to report on the facts having n hi l;(i: i the preservation of seal lite in Rehrinii's Sen. Your ])roeeciliii!j;s, as reported in tliat (les])atch, ami the terms of your iioie tn Mr. Blaine of tlie 8th February, are approved by Her .Majesty's Government. I am, c*tv. (Signed) SALlSiiURV. v. ) i msii M No. 1>3]. Sir J. Pauncefote to the Marquis of Saiisburi/. — (Received March 5.) My Lord, Washington, Fehruarij 2.'!, 1S',»2. 1 HAVE tlic h')nnur to report that on tlie l.'Jth instant tiie IVe.sident issued \W. usual Ik'hring's Sea I'rociamation in the same terms as heretofore. 1 have, &c. (Signed) JULIAN PAUNCEFfJTK. Inclosure in No. 231. By the President of tiie United St.vtes op America. 11 ¥ i i A Proclamation. THK followini; provisions of the Laws of the United .States arc hercl)y i)jl)iish 'd for the inh)rmatio;\ ot all eoneenied : — Scetiiin litaC, Hevised Statutes, Chapter 3, Title 23, enacts tint: " No person ^liali kill any otter, mink, marten, saide, or fur-^eai, or otlier fur-heariuij animal withni the linnts of v\!,iska Territory, or in the waters thereof; and every person ;:uilty thereof siiall, lor each oirence, he lined I'.ot less than 200 nor more than 1,000 dollars, or imprisoni'd not n\oiT tha.i si\ months, or holh ; and all ves^^els, their tackle, ap|)arel, furniture, and eari:o, found anpaijerl \r. violaiion of this section shall l)e foifeited; but the Secretary of the Treasury shall liave power to authorize the Killini; of any such mink, marten, sable, or other I'ur- bcariiiLr animal, except I'ur-scals, under such rcfjulations as he may pres:,-ribc; and it shall be tiie (hity of the Si'cretary to pre\liebury contemplates a modus, for it is obvious that it is impossible to conclude the Arbitration witiiin the time originally set. Indeed, we shall hardly bo able to enter upon it. The delays have been much greater on the part of Great Britain than on the part of the L'nited States. In reply to your inquiry, the President suggests that the modus should be much the same as lust year in terms, but that it should be better executed. It was very ineffective [572] X I ■iV. It i- m 154 last year, for there was a larger number of seals in Behrina;'8 Sea taken then than ever before. The vessels had already set out licfore the modus was nirrced to, and it was impos- sible to {rive tlieni notieein time to avoid their takinu: seals. Her Majesty's Clovernnient did not take such efficient measures as an earlier date this year will render practieaMc. It' Her Majesty's Government would make tin ir etlbrts most ellletive, the seaiini; in the North racific Oeean slioulil lie f'orlmlden. tor tlure the slaughter of the mothers heavv with youiii^ is the u'reatcst. '1 his would reiiiiiro a notice to the iarije number of sealers which are lurparin;^ to 1:0 forth I'roni British Columbia. 'I'lu' numb 'r is said to be greater than ( ver before, and without any law to regulate the killing of sciis the destruction will be iuuiiense. All this suL'WSts the great need of an ell'eetive mndtiy. Holding: an Arbitra- tion III regard to the rightlul mode ot taking s-eals while tluir destruetion goes forward would be as if, while an Arbitration to the title to timber-land were in progress, one partv should remove all the trees. 1 s!;all have to a!.k you to transmit the contents of this note to Lord Salisbury bv tclegrapli. Every day that is lost now entails great trouble upon both Governments. 1 have, iic. (Signed) JAMES G. BLAINE. No. 234. Sir J. Pauncefote to the Marquis of Salinbury. — {Received March 9, 11 '15 a.m.) (TeleL'raphic.) Washington, March S, 1892. THE AcllnL; Scmtc lary ol Slatr b.is to-day dtli\('n>(l to nicoi: bi'liaH' of Mr. I5laiiir (whn i> unwi'llia imlc nn the subji el id' the reiic'.val ol the m<:'s KFOTt. Inclosure in No. '2:17. air J, Vumcofolc to Mr. Blaine. •■^ir. ^ WitshuKjtnn, <'ebru(irij 21), 1S!)2. IMMEDIATELY upon the receipt ol' your iioto of the 24tli instant, rospectins; a renewal of the modus livcndi in Bohriiig's Son, iin.l in aooordanoe with the wish therein expressed, 1 toloirraphod its ccmtonts to tho .Mar(|iiis of Salisburv. in that nolo, aflor observinij that it is iin|>ossil)le to <:()nc;lu(]o llio Arbitration within the time originally .sol, and that the dolays have boon niueh greater on the part of (ireat Uritain tiian on the part of tiie United 8tato>, you proceed to inform me tliat in the view of the Pre^idont the n''w modus vivmdi Am\\V\ be much tlio same as that of last year in terms; that owing to the oailior date this year it could be more ctleotively executed; but that " if Her Majesty's (Jovernment would make tlieir ctlorts most efrcctive, the sealing in the North I'aeilic Ocean siiould be forbidden." After pointing out " the groat need of an effective modus," you state that " holding an Arbitration in regard to the rightful mode o( taking seals while their deslruotion goes forward, would be as il", while an Aibitration to the title io timber-land were in progress, one party should remove all tlie trees." 1 have the honour to inform you thai 1 have received a reply fron Lord Salisbury to th.o Ibllowing effect : — In the fir,-t place, his LonUliiji states that he cam\ot in any degree adniii, that the dolays have been greater on tlie part of (Jreat Uritain than on the [lart of the United States. As regards tlie necessity lor another modus licendi, Her Majesty's Government con- sented to that measure last year solely on the miuiiid that it was sup|)i)Sod that there would be danger to the |>reservatioii of liie seal species in l)oliriiig's Sea unless some interval in the slaui'litcr ot seals were proscribed both al sea and ou laud. Hut llor Majesty's Covern- ment have received no inloniiation to show that so drastic a remedy is necessary for two cotisoeutivo seasons. On the eontiary, the l}iiti?h Commissioners on the Hebring's Sea Joint Commission have intornied lier Majesty's (Idvornmonl that, so far as pelagic sealing is concerned, there is no danger ul any serious diminution ol tlk.' I'ur-seal species as a con- se(iueiice ol thi> year's hunting. Nevertheless, Lord Salisburv would not obieet, as a temporary mea^^un: of (jrecaution for this season, to the probiliilion of all killing at sea within a /one extending to not more than 30 iiautioal iniks around the Piyliiloll Islands, such prohibition being conditional on the restrieti(Hi ol the nuinlior of seals to be killed for any purpose on the islands to a maximum of .'SO, 000. Lord Salisburv, reterring to the passage in your not(^ in which you compare the case tc an Arbitration about tinibii-land liom which tlic trees are being removed liy one of the parties, observes that he hardly thinks the simile (juite apposite. His Lordsliij) suggests that the case is more like one of Arbitration respecting the title to a meadow. While the Arbitration is in progress, he adds, we cut the grass, and (juito rightly, for the grass will be reproduced ne.\t year, and so will the seals. I have, &c. (Signed) JULIAN I'AUNCEFOTE. No. 238. tSir U. Baden-Powell to the Marquis of Halisbunj. — {Received Marc/i 10.) Crelegrapbie.) Washintjton, March H. l^i!)2. WITH reference to the modus lirrmli, I am of opinion lliat the taking of one season's limited crop cannot injure the seal herd, but that, although not necessary, the reue\\al of la>t year's prohibition and the 7,500 limit would be uenefieial. As the Arbitration Convention eoiuiitions ocean rights, I hope that the Canadian (iovernnieiit has wanu'd the Briti->h Columbian -ealer^ that the ultimate o\vnersliip of the seals taken this year in l?eliring's Sea depends uiiou the verdict of the Arbitrators, The alternatives for the "sealers appear to be either to incur the expense of the i.'atch subject to this risk, or to forego, without compensation, one season's catch of, say, 20,000 ^in IJehring's Sea), on condition that T.'tOO instead of ;MJ,000 are taken on the islands, increased nmnbers ol seaK in future seasons, and enhanced prices for this spring, lieing also insured by such restrictions. 1 571' i X 2 h 150 No. 239. ^'i'/- J. Pauncefotv to the Marijuis of iSulinbury. — [Jtccrin-d Mtirrli 1 I.) My I/mi. l\'(i.sliinijloii, Morvh \, IXWl. I llAN'll tlic IiuiKiur to iticlcwc hcrcwiili llio IJcliriiii^'s Sea Arbitratiim Conven- tion, wliicli wa-i si^iii'd liy .Mr. lUaini' and niyscll' on llic "JDIIi I'oltrnary. 1 liavi', k^f. ^Si^'^c(l) JULIAN rAUiNCEl-OTi:. :l ll ; \ I- f p Inc'losnr\ liic I'nitcd Kingdom of (Ji'cmI Mritair. ;ind Indaml and tilt' rnitrd .states oi' America, lieinu' (lesiroii> lo prov ide I'oraii aniii'.alile scitlcnieni ol the (pU'stions wliieli liave .arisen lictween their ns|)cetive (loxcrnnients eoncernini, tiie jurisilietional riirlits of ilie t nitrd States in tiie waters of l?(>lirinLr's Sea, ;ni(l eoncernini,' also the |ire>er\atinn of the I'ur-seal in or li.'ihitnally resortini,' to tlie ^.aid sea, and the riu'lits of the ('iti/cns and suhjeetsof eitiiiT country as reuai'ds tlie takinijof fnr-seal in or li.-ihilu.iliy rcsortini,' to the said waters, have n.'solved to sul)niit to arhitration tlie (jnestions involved, and to thi- end of eoncludinn' a Convention for thai ])urpose liave a])])ointed as their respective Plenipotentiaries: Her .Majesty the (^ineen of tlie I'nited KiiiLcdoni of (ire.al Rritain and Ireland. Sir .lidian I'aunecl'ote, ( i.C.M.J;,. K.C.H., Her ^laje^ty's ICnvoy llxtraon'.inary and Minister J'lenijiotentiary to the United States; and the President of tin- I'nited States of America, .lames (i. JUiiine. Secretary of St;ite of the United States ; ^\"ho. .liter havinu: communicated to each (jther their re.-pective Fell I'owcis, which were found to 1"' in due and proper form, have auii'eed to and coiu'Uuled the followini;' Articles : — aktkm; I. The (pu'stif)ns uhich havi' arisen helween the Coverrtnit'iit of IFer Britaniu'c ^lajesty and the (ioMi'ument of the United States coneeruin!; the jurisdictional rii^ht- of the United States in the waters of JJehrin^-'s Sea, and concernint;' also the j)re»crvatiiin ol the fur-seal in or hahitnally rcMirtiiii,' to the said sea, and the rii^ht.- tl le ei tizens and suhiccts of either <'ountr\ as reu'ards the takini,' of I'ur-seal in or liahituallv icsortinu; to the said w :uers, s hall lie Hihmilted to a Trihun.al ol Arhitnitii to he eoinpovi'd of sevt manner, that is to ^av : two shall 'u Arhitralors, uho shall lie ap|iointed in the t ollowui named hy Jlor Britannic ^laji'sty ; two slial lie nanieil hy the President of the United States; his Exeellency the President of the French I'epuldic >h;dl he jointly requested l)y the lliij;h Contraetinj,' I'arties to n.ame one; His .Majoty the Kin'j; ol Italy shall he so re(iue>ted to name one; and Ili^ M a test V tl Kin •r ol ."Sweden am I Noi'w.ay shall he so re(|nested to name oii<'. 'J'h seven Arhitrators to he so named .shall he jurists of distinguished reputation in their respective countries. In case (if tlie death. ahstMiee, or inca])aeity to sia've of any or cilher of the said Arhiliators, or in the event of any or eiihend' the said Arhitr.ators omittini; ordetdininu' or ce;isii|._f to act as such, Her ]5ritannie Mfijesty^or the rri'sideiit of the I'nited States. appointment shall 1" made or the vacancy shall he iihod. in such manner as the High Contracting Fartie shall a 'Tee. H i' • Hl'^r^«^1^;ViBKiiii«Bp»^uijiii||y 151 AIlTICLi; II. The Arbitrators slinll lucct nt J'.nn's within twciily ilnys nt'tcr tin- delivery of tlio counter-cases ini ntinned in Article IV, ;nul slmll lunel'cd "ini|i;utirili\ and cjnvrnlly to eMnnine and decide (lie (|nesli(ms tliat liave luen or sliall he laid Lel'dre tlieni as liercin l)r(jvided on tlie iiart oT the (ioveruinents of Her Uritannie .Majesty and tlio United IStates respect iveiy. All <|uestions considen d hy the 'J'rihunal, including tho final diH'isioM, shall he determined hy a majority of all the Arhiirators. l^aeh of the lliirh ('iintractini; i'.ulies siiall also name one person to attend the Trihnnal as its Ai,'t'iU to represent it t;onoriill,\ in all matters connected with the arbitration. AKTICLi; [II. 'I'lie printed cave of r.ieh of 'lie two parlies, aeeenipanied hy tlie doenmenls. (lie (dfieial eoires],iiiideiice, and othci • \idenee on wliiidi each relies, shall be deli\cred in dnplicale to each of the Arhitralois and io (he Aycnt d the other jiarly as (-oon as may be afttr the appointment of the mi nihers of the Tribiuml, hut Avitliin a period not cxccediiii,' three months from th" dale nf tlie exchanjj'c of the rutilications of this Tiealy. AllTlCLi; IV. AVithin three momhs :ifitr the delivery on both sides of (lie jirinleil ease, either ])arly may. in like manner, deliver in »hiplu-ite to each of the >-'iid .Arbitraiois. and to the ^\L;ent ul the other parly, a < oimter-case. aad additional doeiinients, eoiresipondeiiee, and evid( nee. in n ply to the ca.se, ii--i (|iieiiee nl the (ii--t:inee ».;' the ]ilaee from ■\vhieli tlie eviih'iice til he presented is to be ])riarty with ;> r"|\ thereof; and either p.nrty may call ujion the other, thronyb the .\ibi(ra(ors, (o |)rortnce the ori::iiials Mr certiiied copies of any papers adduced as evidence, LMviii^- in cmcIi instance notice 'hereof within thirty days after deli\eiy oi'the ease; aid the ■ lifrlnal or cop\ so rcijnisied shall he deli\ercd as soon as may be, ami within a peiind imt exceeding tmty dayN aftei receipt of notice. AKTiri-r, V. It shall be (he duly oP the Aixent of each jiarty, within .ine month .after the expiration of the time limited for Ihe delivery of the countei-case on both sides, to deliver in diiplicati' to eaeli ol" the said Aibitratnrs and to the Ajj:ent of the other party a printed argument showinir (lie points and lefiM-ring to (he evidence upon which his tioveriimenl relics, .nnd either party may also suiiport the same before the Arbitrators by oral aii;imient of counsel; .and the Arbifralors may, if they desire t'urdier cliieidatioti with regard (n any jioini, re(|uire a written or ])iinted sta(cnien( or artjiiment, or oral ariJfumcnt by eouiisid, upon it ; but in such caso lh(> other party shall be entitled to reply either "orally nv in writing-, as the case may be. i W AKTit'LE VI. in decidiiu;' (he matters siilnnitted to the Aibitia(ors. it is agreed that the followinu' live iioints shall he submitted to (hem, in order that their award shall embrace a distinct decision iiiioii each of said live points, to wit :— 1. What exclusive iurisdietion in t he sea now known ;is the J5eh ring's Sea, ami what exclusive ri-hts in the seal lisheries therein, did Itussia assert and exercise prior and up to the time of the cession of Al.isku to the United States? hMH ■ 15H 2. FTow r.'ir wovo llioso claiiiis of jurisdiclioii as lo tlif seal IisIkmmin ri'coijiiizod and coiict'dfil liy Oroat llrilaiii ': M, Was till' body ol' water now kiidwii a* ilic Hclirini;'s Hvii iMcludcd in (lie ]>liia-c •• I'ai ilic Occim." as used in tiir 'rrcaty nl' 1^2.' I)ct\\,i>n (in-at hritaiii and Kussia ; and ulial liylits. if any, in tin' Hidirini^'s Si-a, wcii- lidd and fxciiisivi'ly oxt'r<'i>.(Ml liy Kussia alter said 'I'leaty r 1, |)id not all tlie riijhls of lluxsia as to jnrisdietion and as to tlie seal (Islieries ii: Melirinix's Sea east of llie water lionndary, in lln- TrrMty lietwccn the I'nited Slates anil llnsxia of the .'tnth Mareli, l^(i7. j'ass m\iin|taire(l to the United Stat<'s under that Treaty : r>. lias the I'nited States any ri^'hl. and, il" so. what riirht, of iiruteetion or |iro]terty in the I'ur-seals fre(|uentini: the i-JMuds ot" the Iniled Stales in Melirini,' Sea when sueh heals are I'ound outside the ordinary o-iuile limit ': AirncLi: vii. If the determination of the tore|,'(n'ny; (|uestions as tfi the exclusive jurisdicticdi of the L'nited States siiall leave the snlijeet in sucdi position that the concurrence of Clival IWitain is i;ecessary to the estahlishnn'nt of Reu'iilat ions for the i)ro|)er pro- tection and preser\ation of ilie lur-seal in, or hahitually re^urtim,' to, the liehrini,' Sea, the Ai'liiii'alois sli.illthen detirmine what eon Arhitnitors .any (piestion of fact involved in said claims and ask for a lindinLT thci'eon, thr (piestion of the lianiiity of either liovcrninent upon the facts found to he the suhject of further negotiation. AinULKlX. 'I'he Jliu'h Conlractini,' Parties having agreed to appoint two Commissioners on the part ol each (ioveriiment to make the joint inv(>stigation and Jleport eoiitcmplated in the jirecedinL' Ai1i(de \' II, and to in(du(l(! the terms of the said A^recnu'nt in the present Convention, lo the end tli.al the joint and several Keports and recommenda- tioDs of said Commissioners may he ir. due form submitted to the Arbitrators, shoidd tliO eoiitini'cncv therefor arise, the said Ai^rcement is accordin!,dv her(^in inidudod as follows : — llach (jovernment shall appoint two Comnnssioners to investigate, conjointly with the Commissioners of the otlier (lovernmcnt, all the facts having relation to scuil life in IJcbring's Sea, and the measures necessary for its proper i»rotecti()n and presei'vati(m. 'I'he four Comraissiorei's shall, so far as tlley may he al)li' to agnje, make a joint Keport to each of the two (joverninents, and tiiey shall alsi/ report, either jointly or severally, to each Ciovernment on any ])oiiils upon which they may he unable to agree. 'I'hcsc P.eports shall nof be made public until they shall he submitted to the Arbitrators, or it shall appear that the eontiugcnuy of their beiuy used by the Arbitrat'jrs cannot arise. ARTICLE X. Each Government shall pay the e.xjicnses of its members of the Joint Commission in tlie investigation referred to in the preceding Articl'. Tiy mmmm- IfiO Aitrici.i: XI. Till' decision c.f ilio Trihutifil slirill, if possible, he mndc witiiin thrco months from tlio cinsc of tlu' arifumciit on hotli sides. ll simll l)e iMnde in writiiii.' ;uid dated, niid slinll Ite si_u;iied liy llie Arhitmtora who may nssenl to it. Tile deeisip an aerurato record of their proccedinj:»s, and may appoint and employ the necessary ollicers to assist them, Airi'TCLE XIV. 'I'he Iliuli Ciintr.ni'tinu' i'arties enifase to eoiisidei" the resnlt of flie proceedings of tlie Tiiliunal of Arliitr.aiion, as a full, iierfcet, and final settlement of all tho questions referred io the Arhitrators. ARTICLE XV. The pres(>ni Treaty shall lie dniy ratified by Her Hritannie Majesty and hy tho I'rcsident uf the l.'nited States of Amerii'a, i)y and with the advice and consent of the Senate thereof; and the ratifications shall he exchanged cither at Washington or at London within six months IVoni the dat(> hereof, or earlier if possihic. In faith whereof, we. the respective l.'lenipntentiaries, have signed this Treaty, and have luncunto ailixed our seals. Done in duplicate, at Washington, thi> 20th day of Fehruary, 1892. (L.S.) .irLIAN PAUNCEFOTE. (L.S.) .lAMES G. BLAINE. No. !tO. The Marquis of tsalisburtj to Sir J. Pauncefotc. (Telegraphic.) Washington, March 15, 1892. I SIlOL'LI) wish you to repeat to the (li)vernor-(ieneial tho telegram I have received from Sir ti. I?aden-Powell. (lat(!d the Sth March. No. 24L The Marquis of Salishunj to Sir J. Pauncefote. (Tclecrraphic.'l Foreign Office, March 18, 1892. 1\IA[ :Majesty's Government liave had under their consideration, and have consulted tlie tJovernor-General of Canada in regard to, tho arg.iinents in favour of a renewal of the modus lirrndi if last year, contained in Mr. Wharton's note of the 8tli instant, tlic suhstance of whi(di is given in your telegram of that day. The necessity of reference to Ottawa has caused a delav in returning an answer. The information which has readied tier Majesty's (iovermnent does not lead them to hclievc tliat, in order to prevent an undue diminution of the number of fur-seals, any necessity exists fen* the suspension of sealinir for anotlnu' year. Beyond* this question, however, I understand that the Government of the United States consider that, should free sealing he permitted fhis year, and the United States' claim to jurisdiction in Behring's Sea he ujiheld by the Arbitrators, they have a right to be protected from the loss that thev will have sulTered by the scaUug operations. }\rr >r;iji's(\ 's (loverninont do iint ilisjmtr that Tbcrc will be some f.mncijttirin fur till-, cuiiti'iii iim wlii'ii till' Arliitnil ii'M Ai^rci'iiimi !i;is li«'>ii nililii'd. r>ul ili('rci> tills (li'fci't ill \\\v I'Tuliiliiliim nf all -*'aliuir ;is a i-imii'(|\, tiiat if the Hriti>l; cDnlciilioii sliall lie iiplirld li_\ ilir Arliilrar"f«rs, llii-rc may i>c ^rroimd (or I'oinpinint on the ])arl ol' the Hi'iti>li mmIits who will liavc hi'cii cxfluilcd I'roiii IJrhrin^'s Sea. Flirt lii-r, no scfiiriiy exists that iIk- Arhitralurs will iiavo irrr ■■; iht-ir decision bi'fori' till" scaling season of 1^',).") arrives. As you are aware, there lias heeii .-in arliilr.-iiion lUMidini: for I'lir years between (bis couiitry, the Iniled Statt-s, and J'ortuual. wITu-h is not yei a)iproaehini; cnncliisioi:. Serious damaLre would be eaiised to the sealiui; industry hy ;i sus|iensioii of hunting tor a ])rolon^ed jUTiod. As a more 0(iuitab]e arranu'ement. niiu'bt ii not be aijreed that sealiii'.'-vessels shall be at liberty \>i liiinl in Hi'liriiiLr's .Sea on eondiiion that seeuritv is I'iveii hv the owner of eaeh vessel for salisl'yinL: the award of damages, a any, wliich the .Vj'bitrators may eventually pronounee ': ^■o. 21:i. Lord Knutsford to Lord Stnnlru of Prvstoti. (Tdeirrapliio.) Bnirnimj Street, March 1^, 1892. I'LEASE direet the proper port authority at ail harbours im the I'aeilic coast to inform owners who are eleariui,' or havi> cleared this year for l^idirins's Sea that iler Majesty's (lovernment and the I'nited States' (lovertiment have ni;reed, subject to the ratilieiiion of the Senate, to submit to arbitration t lie (jueNtion w ln'tlier si-ah-rs have a riylit. without permi!«**io' of the I'liitril Statis. lo seal in the e'lsteni half of Mehrini;'s Sea. east of tin- l{i»»»»ian line, and ihat it is possihli' the seiiti-nee of tin' said 'i'ribunal m.ay be i;iven wirhni the |)resi'ni tishiiiL:' -eason. Moreover, that both Jler Majesty's (Jovi-rament aitd fhe rniled States' ( IdNitMuueriT have made proiiositions for interniediafe ii«'UMi;u:ions r("«Mm.i;niiiix the catch of s,.als in tin' saiil waters in ease the said ArbitratiKU jSi:ri"'*"ment at ^fiiMTr own risk, and after wiununtr of the liability to inter- rujiti,,! to whicb fl»i*T mar •»'> exjx'-eil in consci|meuce of either of the said Atrreements. 1 5o. 2in. ■Sir ./. Pnuwrrgte to thf Mitrftsut of Sfilisliuru* — (liece.vfd March 21.) .My Lord, W./sliinotnu, .\f,irr'i 10. ls;)2. WITIT reference to my foi»*irra*i "f the Htiii instant, 1 have the honour to inform your Lordship thai I iciilU- 1 b. "ciiuest at iht' State Departnieiil on 'I'licsday afternoon, where, owiii;: to ti.c illness i ';lr. Hlaiiie, I uas received by Mr. Wharton, the Actiiii,' Secretary of Stale, who ])ut nsai niy iiainb. a note, copy of which is inclosed herewith, conlaininij the reply of the ""uitod Stati's" tJovcrnnient to my notes of the 2'.)th ultimo and 7th instant rcspeclivej-., on the siihj.^ct of the renewal of the modun 1 irendi in I'eiirin^'s Sea. .Mr, ^''barton informed nic m ihe same time that ho hnd been instructed by the President to request mo to telegraph the whole of this note to your I^ordship. I pointed out to Mr. Wharton that I could hardly tclejrrajih cerbntim a note of suc!i ear iMuy be taken next, while the grass must be hurvcsted or lost. Thi.-i (Jovernment has already been advised in the course of this correspondence that (Jreat ISritain repudiates .,11 obhuations to indenmi^'y the United States lor any invasion of its jurisdiction, o; any injury done to it:; sealing property by the Canadian sealers. The attempt to make a damage Vlause one of the Arlivles of the Arbitration .Vgreeiiient failed, because Her Majesty's Government would not consent that the question of ita liabilitv to indcmnit'y the United States for the injuries done by tlie Canadian sealers should be submitted.' Two extracts fn>m the corresp,)ndence will suthciently recall the attitude of the respcctiM' Goveriimeiils. In my note of the L'.'Srd July I .said : •■The Proident believes that Her Majesty's (Jovernment may justly be held responsible, under the attendant circumstances, for injuries done to the jiin'sdictional or property 'ights of the United States by the sealing- vessels llying the Hrilish llag, at least Miiccihe date when the right of these vessels to invade the Hehnng's Sea and to pursue therein the business of pelagic sealing was made ihc subject of diplonmtic intervention by Lord Salisbury. In his opinion, ju.stice .eqiiires'that Her Majesty's (Jovernment should resption. have arrivetl at the eonclusion that this new clausi- t'ould not properlv be a8«?nted to by them, in their opinion, it implies jin adniissioii of a doctrine respectinj; the liabilities of tiovernments tor the acts of their nationals or otliiT persons saiiinj:; under their tlap on the high .seas, for whiiii iIumi- i- no warrant in the law of nations. Thus rt contains the following: words : — "'The (iovenimeni of the United States havint; jtresitited on its own behalf, as well as of tile lossttes of the privileijje of takinj; seals on the I'ribylylf Is'.ands. claims for compensation by reasoti ot the killiiiLT of seaK in liehniijj's Sea In jiersons acting under the protection of the British llair. tlie .Arbitrators shall consider and decide upon such claim.' "These M^rds inv(dvc the proposition that Ili'r Majesty's (iovernmeni are liable to make good losses resulting from the wrongful action «\' pi-rsons sailing outside their jurisdiction under the British Hag. Her Majesty's Government could tiot accept such a doctrine " The "resident cannot believe that, while holding;- this view of its accountability, the Governmen; of (Jreat Britain will, pending the arbitration, countenance, much li'ss juHtify or defend, the continuance of iielagic s.'aling hy its subjects. It should either a.sMume responsibility for the acus of these sealers, or restr.'iin ilicm from a pursuit the lawftilnuWf of which is to iie deternuned by the aibitralion. • in yo'ir note o('t!;e 20tli ['"ebrtiary you state that Her .Majesty's (Jovt'rniiicnt has been ihformed by the British Conimissi(W«>rs "that, so far as pelagic sealing is concerned, thi-rc i.s no danger of 'icrious diminution of the fur seal species as a consccpience of this year's hunting," a'vl \i]nm »his ^^round Lord '"'alisbury places his refusal to renew the modit.i v)f last year. Mis Lord.shi]» s\ dirrdnution of the seals, whether serious or not, durinji this season, or indeed, any tjtl'.iej- of seaw. is to be wi.'hout recompense? In the opiidon of the President, it is not cofKi adopted, tin- Canadian scalers look, in tiic Bebring's Sea alone, 28,"(i-> skins, or nearly four times aa many as tlie n -trieted caicl) upon our island. 'I'bis (jovernmeiit is now advi.sed that fifty-one vessels frimi Biitish Coltimbia and -'ixttcn from iNova Scotia have sailed, or are about to KuiJ. for the Bebring's Sea to engage in taking scal.s. This large increase in the lleet t;ngaged makes it certain, in the absence of an elVeclive restrictive agreemeiit, that the destruction of seal lifi- during this season iiy pi-lagic sealing will be unprecedented, and (\ill in tlie ojiinion of our Commissioners, so n('arly destroy flic K!.'} hty, tlic U'll lt'-'>^ citliiT liursiiit UlS iu'l'Il tl, tluTC is M-ar's inodnx liii-it till- |lU'slinIl at ri-lit lllii>ln'(i, I'oil, niiv it is not Icci^iiin. ilit iniiii )iclai;i(' •iiui't it ir lU'iiriv t is iiiiw )tia liiivt' liiv liir;;v •strictivi- liin,' will ^ln>v tlu' vaiuf of tlu! Hoal tl^lirnos as to iiiaJu- wli.it will icmaiii o|' so little valiif as scarcely to be a worthy siilijcct Tor iiiti-niatiimal ariiit ration. Tilt' iiro|w)sitio>i of Lord Saiisbiivv, to prolii'jit ilu' kuiini,^ of seals at sea "within a zone extending: to not more tiiaii 30 nautieai miles aronml tJie Pribyiofr Islands," is so obviously iiiad'. (juale and -m) impossible of execution Ibat this (loverninenl cannot enter- tain it. In tile early part ol' the discussion of the suiijeet (d' a niotlux for last year this metlutd was tentatively suu^esled, amon;;- others, in conversation i)eiween yourself and Mr. lilaine. liut it \va> ai'lerwards. in tdlect, ai^reed by iiotli Ooverninents to be iuadoquate. and \\as not au,ain referred lo in the correspondence. In tlu' Menioraiulum furnished i)y you with your mite of the tjih.luneyou .^ay. "Lord Salisbury points out that if seal hunting- be pndiibiied on one side of a ])urely itna^inary line drawn in the open ocean, while it is perniitlcHl on i!ie other side of tiie line, it will be impossible in many oases to prove iuda»ful sealiii:;. or to infer it from the possession of skins or fishing tackle."' This was said with refereact' to the water boundary of our purchase from Russia, but it is (juite as applicable to liie .'SO-inile zone which in' now sUi^i^ests. 'i'he prevalence of fopjs in these waters ^ives increased force and conclusiveness to the point made by his Lordship aj;;ainst an iman'inary water-liiu'. The Presiilent oanm)t aji'ree, now thai the terms of arbitration hav(? been settled, that the restrictions imposed sliall be less tlian those wliicb botii (jovernments deemed to be appropriate when it w,ts still uncertain wbetlier an early adjustment of tiie controver-y was attainable. I'e therefore hope> tliat Her .Majesty'^ Government will consent to renew the arra;i;x«.''ii''"' of la-t year with the promptness which the exifijem'y demands, and to a^rce to enforce it by refiisins- all clearances to scalini; -vessels for the probibite;! waters, and by recalling' t'rom those waters all such vi shcls as have already cleared. This Government will boiicunably abide the jiidi;nu'nt of the ilin'h 'i'ribunal which has l)eei\ Mijreed uiion. whellier that judgment be favourable or unfavourable ; and will not sf.ek to avoid a just respooibiliiy for atiy of its atli which by tl.at ,iudi;ineiit are found i-: ,H- anlawfid. Bat certainly the United States cannot lie expected to suspciul the defcTir ', by such means is are within its power, of the properly and .jurisdictional ri^rhts claimed by it pendin-x the arbitration, and to consent to receive them t'rom that Tribunal, if awarded, sliorn of much of their value by the acts , if irresponsible persons. I have, Ike. (Signed) ^^'lLLIAM F. WHARTON'. \o. L'll. Sir ./. I'lninrrfotr In thr Miiiiini.< "t Kalishuni. — {Ufrrircd Mnrrli 24.) (Te!ei:ra(/bic.) U'lixltinijtnn. March 23, 1802. liAST niirlil 1 received the reply of the V'niti'd Slates' (ioverninent to my note euibodviii^- the siibsl.ince of viuir LoriKhip''. teb-irrani of tlu" lsib instant on tlu' l?el;rinu''s Sea '|ne-lioii. Tlu' i'l-i'sidenl reiiuested thai it should be leleurajihed to voiir l.iirdsinp The sulistauce of it is r.s follows : — The I'residenl had Lri\eii inniiediali' attention ti> my note, on account of the extrenu' '.;iavily .md iifu'eiicy ol tiie maii-i'. ^■|•ouil!n• out of the fact that tiny modnx vliciiih will lie inade inelVectiial lor tbt> proleeliou of 'be interests of the iMiited States b\ MUieb furtbii- pmiraelion. and ihal, l-.v rea.son o be impossibility of eoniniu- nieatinu- with the fanadiaii sealers. immimi!y will be Lriven to them. These vosels have hastened their depail un. as is linown. in order to escape notice of any wof/i/*- vlrri,(ii beint; served upon fliem. !'orty-seven vessels have alre.ady eleaivd. and if mens; I res be not taken to -lop ibein, lliey will inirsue the slaimhter of Lrravid female se.als |(. the very shore-inf the breediiiLT Islands. This is a critiie aicaiiist nature. Ii' the arbitralioii proceeds, tlu- Initeil States' (iovernine"t expect lo lie able to show that the {•in,'er percent ;i'.;e nf the pelan'ic eateh coiisi>ls oF l.-m.ah' seals. It is siirprisini? aiK? disaiipointiiiii-. in view ol' the above, that \oiir Lordship should assume that susnensinn if such sealing' i"r anolber \ear is not neces.savy. in order to prevent the undue diminution of lb.' seal-lienls. and that \oii vhould insist that it should coiitiiiue. If Her Majesty "s ( iovernmenl pa\s so little iv-.ard to the contentions of the I uiled Stale." I bivein laei'il as to refuse to respect ihem U'V ;\ siny'le season, tiie {•resident is unable to understand for what n^ason il sjiould have been pro|»osed and •I'M-eed lo In ynor Lordship to i;ive them llu> status implied by the a!;ivement to submit Ibeiii U> arbitration. It uas oiieii lo neither parl\ to ilisrei,^ard the emitention o|- th.' other IVom the date of ihe siH-natniv of the above V-reemenI, Il must b- h\ :i I i nil assumed that tin* oltjoct wliioli \Uv two (invcrmiu'iils hud in view \v;is lli(> promotion of ijoo(I-\vi!l and peace l)nt ; if, while arl)it ration is pendinij, tlie snhjeet-matter is dealt, witli liy iMtlier of them on the hasis of its own eontention only, this purpose is not attained; on the ccnitrary, and even if it slioidd he possihle under such eireunistanees to ])rucee(l with (lie arhitratioii, ; new sense of injui'_\ and itijnstiee is added. If Her ^[ajesty's (lovernnii-nt proeeeds this season on tlie hasis of its eontention as to tlie riijflits of the Canadian sealers, no choice remains for the United States hut to procetMlon th(>hasis of their own eontideiit contention, that pcdauiicsealini; isan infraction of its jurisdiction and projirietary ritrhts. This, in the opinion of the ['resident, constitutes the u'l'.'ivity of the situation, and he is not williiii,' to he found responsihle for such results as may follow from an iusistance on the ])art of either Government durini; this huntini; season on the extreme rii^hts claimed hy it. The twD 1,'reat (Governments interested in the question would l)e disenvlited in ihe(>yesof the world if tlie friendly adjustment of their diHieultii's, which is so nearly concluded, wore to he thwarted, or i>ven disturbed, on account of the paltry ))rolits of a sini^le season. But if your Ijordshiji persists in refu>-.inij: to join the Government of the United States in stop])inir ]»elaiiic sealim; prom|)tly, and insists upon the maintenance of free seal in ir forl^riiish suhjcct'^, the (juestion no lon'.^cr is one of [)ecuniary lo^^s or i;ain, hut one oi' honour and self-res|)ect, so far as it alTecIs the Government of the United States. The I'liiled States h'lve proposed to take no ])rofit from the island catch, notwitli- standiuLj tiial their riirlit to tike seals on the islands is neither dis])uted nor iiivolv(>d in th<> ariiitration, and ti) en','av:e that thi> take >iMuld he limit<'d to the necessities of the natives. Whether wiili or without indemnity, tiiey are unahl(> to consent that the rii;hts of British suhjects in Behrinuf's Se i, which ;ire contested, shall contiinu^ to bo exercised while arhitnuion is |>endiny:. The President tinds it didicult to helieve that your l-ord-hip is serious in proposintr that houds ay'aiii'-t the injury which may he intlicted on the jurisdiction or property of the I'nited Stat(>s shall he taken hy the l'nit(>(l States" Government from the owners of aliont l(l() Canadian vessels, and he must decline to discuss a suus^estion \Uiii'h only his res])eet fm- your Ijordship, and his helief that the i^mvity of this disenssiun is fiill\ I'eali/.ed hy your Lordship, enables him to treat seriously. Ill order to secure the proposed bonds, the I'uiteil States woidd have to pursue owners upon tlie sea, and as the condition is to l)t> tiial "any damai^es which the Arbitrators shall adjudi;e" shall be p.aid by the owners, wiiile no power to adjudijc such daina^res is i,'iven to the Arliitrators by the 'i'realy. llie tiMtisacti iii would be of no value to the I'niled States, and without risk to the owners. But however adeipiate the security olfered, tho United States' Governracnt cannot consent to have; its rights impaired, jiendins,' their determination liy a Tribunal of .\rbitration. The reference in Mr. Blaine's last note to the incimsisteney of ller Majesiy's Government in denyiiii: responsibility for the acts of Canadian sealers was not me.iiit to imply that the Inited States would be willin^jj to consent to the conversion of their properly into a claim for damaijes, jiarticularly as the Arbitnitora cannot determine sueli a elaiin unless the Treaty be revised. Vonr liOrdship should he;ir in mind, whilst mtikiiii^ your present proposal, that tho fact of the .Vrbitrators not haviui,' jurisdiction as to damages is the result of concessions made by the Inited Slates' iiovernment to your views. The i'residenl fails to see how claims can, by law or equity, be brouijht by subjects of either Power ai^ainst their respective (lovernments, on .account of restraints imposed with ;i view \i< tlie promotion of the public i^jood or of international pe.ai-e. There is lull provision in the Treaty itself against the sui^ijeslion, that the roni'lusion of th^- arbitration will not be reached before the season of I'sDIS. .Vs to the Didaijoa \h\ Arbitration, your Lordship is in error in thinkini; th.at it 'has been proceediiii^ for four years. It dates from a jieriod of le^s than one year ai^o. if the Treaty is proinptiy ratitii'd, mutual interests will bea sullieieiit guarantee a!.f.iinst delay. The sole obstacle to such a consummation is the jirevaleiit belief, that Great Mritain's refusal to preserve the status quo of tho property, and her iiisi.stanee on continuance of pchi^ic .sealiii'.,' durinir the arbitration, to the injury of the riLrhts of the i'nited States, laru;ely defeats the object for wiiieh the Treaty was made. 'i'hc note ends with the followiiii; words: " 'I'iie President directs me to s;iy, in conclusion, that tho modus nrrnili of last year is th<' least tliat this Governmont can accept. In reason, the restraints after a 'I'reaty of Arbitration should be more ab.solnte, not l(!.ss. He does not desire to protract the discussion, anil haviiiff now in the most friendly spirit, submitted the considerations which support the just deniaini of this tJovernment, that the property which is now the subjee' of an agreed arhitratioii Rn B^SS mm^ \ 165 shall not w siihjrct to spoliation |HMulint,' the nrljitrfition, lie cxpn'ssos the hopo that lionl vSahM)ury will t,'iv(> a [jronipt and friendly asscni to tlic renewal ol' tlu^ modus pivriidi. Till' I'rrsidfnt will lic:ir with rcsjrct that licr Majesty's (ioverninent continnes to assort a rii;-ht to ih'al Avitli this subieet ])recisely as il' no provision had lieen made for the settlement uf the dispnte ; aiul in that event, this (ioverninent. as has already heen pointed mit. will he compelled to deal with the siihjecl upon the same basis, and to use every nioans in its power to protect from destruction or serious injury property and jurisdictional rights which it has Inni,' cluitned jukI eiijoved " No. 245. The Marquis of Sallsburi/ to Sir J. Piinnrrtale. Voreujn OlJicc, Mar ^mi (Telpfjraphic.'l IN reply to your telegram of tlie 23rd instant. Notice has been given to tlie owners of ships sailing for Hchring's Sea, tli il both the Ai,'reements wiiich are at present under discussion between (Jreat l?ritain and the United States — that as to Arbitration a.id that as to an internieiliate arringe- ment— may alTect the liberty of .scalini; in Hehring's Sea. They have, therefore, notice of their liability to ])ossible interruption, and will sail subject to that notice. The (pu'stioii of time is not. therefore, uriient. Inform i'resident that we concur in thinking that when the Treaty shall have been ratitied there will arise a new slate of things, lliriil it is r.ililieil our conduct is governed by the ianguagfi of your note of tlie Itth .Inne, l.'SiXJ. Hut when it 's ratified both parties must admit that contini^'ent riy:hts have b 'come vested in the other, which both desire to nrotect. We think that the prohibition of sealing, if if stands alone, will be unjust to Ih'itisb .scali'i's, it the decision of the Arbitrators should be adverse ti- the rnited States. AVe are, however, willing, when the Treaty has been latilied, to a<."rce to an arranu'cnient similar to that of last year, if the I'niti'd States will consent that the Arbitrators should, in the event of a de(!isioii adverse to the United St.at.-s. a«hes» the il.amagcs which the prohiliition of sealing shall have intlicted on ftitisii sealers during the ])en(leiiey ol the .\rbitration ; and, in the event of a decision julvei'se to dreat Hritain, should assess the damages which tin* limitation of siauirhter shall. duriuLr the jiendeney of the Arbitration, haves iniiicted on the United States or its less*"*s.' As an alternative course we are also uillimr. after the ratitleati.ii of the Treaty, to prohibit sealing in the disputed waters, if vess«'ls be except eiH'roni the probihition which ])ro(luce ccrtilicate that they have ijiven security for ^w\\ damages as the Arbitrators may assess, in ease of a decision a-e the restriction of slaughter on tiie islanils will not, in j)oiiu of eijnily, be necessary. Jler Majesty's Government are imable to see any other than onts of these two methods of rcstrietinir seal-hunting in tlie disputed vraters during the Arbitration, which will be equitable to both parties. No. 1^*^. The Marquis of Salisbury to Stir ■/. Pauvrrfotf (Telegraphic.') Forni/n Offir', Mrrrrh 2(i. iS!)2. WITH further reference to your telegram of the 2'Wi\ instant. I am not prepan'd to admit. ;is T gather that the I'residi'nt flunks, that we have ubf*«'ted to till' Arbitrators liavini: jurisdiction as to damaaes intlicted in the jiast by tlie [larty against whom the award is » din '.cting a wrongful lo«« on the United StatcR or its Ispmha, Hod. if m, ro n.-isess th* damage inc\irr*cil, approved /)// his Excellency the Governor-General in' Council on the Mth February, 1S02. ON a Rcpowt, ('atcd thf 1st February, 1K>2, from the .Ministcrof Marine and Fisheries, stating that, upon the receipt of" a letter from the Rehring's Sea Commis- sioners, Sir (ieorjje Ba(ien-Pi»vvell i\n*\ Dr. George NL Dawson, asking for .additional docuinentar\ e\ iileiice rcgariiing certain points which have been put lorwar schooner '• C. II. Tu|>per." Captain William Petit, master and part owner schooner "Mischief." Captain WCntworth Kvelvn Baker. mast<>r schooner " C. II. Tupper," ami formerly mast«'r of schooner " \ iva.'" ClariMici' Nelson Co\, master of schooneK " I'". 1^ Mar\ in." C.iptain Alfred MissctI, master of schooner " Annie Iv I'aint." Captain Theodore M. Magnesen, in command of schooner " Waiter A. Karl." Ilinry Crocker, hunter on bo.ard schooner " Aniue K, Paint." (i(.'orge Riilicrts, hunter on board schoom^r " Annie l). Paint." Hieltard Thomson, hunter on board schooner " Annie H. Paint.'' Andrew Laing, seal hunter. William Cox, master schooner "Sapphire." The Miiiisier r<-eoinmcnds that copies of these aliidavits be transn.dtted to tt.t Behring's Sea Commihsijiners without recommendation of the .Minister of Marine and Fisheries, advise that your Kxoelloncy bo moved to forwani a co|)\ hereof to tlie Principal' Secretary of Stat(' for tiie Colonies for the information of ller Majesty's (Jovernment. All of vvhicii is respectfully sulimitted for voiir Excellency's approval. (Signed) JOHN J. McGEE, ' Clerk of the Privy Council. Inclosuro 3. Mt. Milne to Mr. Tapper. ^ir> Cuxtoms, Canada, Victoria, B.C., Jamtarii 22, 1892. I HA VK the honour to acknowledge the receipt of your communication of the 7th instant, relative to a joint letter from Sir George Baden-Powell and Ur. George M. l);iwson, Bchring's Sea Commissioners. I hci;- to state that I have endeavoured to supply the information, and herewith trar.smit the first lot of adidavit.s of some of the most relial)le of our sealing men, and 1 am continuing to take all I can obtain, which will be forwarded from day to day. 1 trust the information is what is wanted, as 1 iiave endeavoured to frame the (jncstions so that the answers wmild show reasons for their intelligent answers on the three questions: — 1. 'I'he projiortion of seals lost as compared with hit. 2. The proportion of females to males killed in the different months. I'i. The abstention of Canadians from all raiding, &c. I have, «fcc. (Signed) A. R. MILNE. Collector. \ Inclosure 4. Depositions taken bcfore^\. R. Milnr, Collector of Customs, Port of Victoria, B.C. CERKNO .lONKS KKLLKV. master of the Canadian schooner " C. H. Tupf)er," of Slielbourne, Nova Scotia, having been il'uly sworn : — 1. Mr. Milne. — llow many year.-^ iiave you been engaged in sealing, Captain Kcllev r— .1. I have been sealing for two years ;is master of Hw " C. II. T'ipper." 2. Q. Mave your voyages been reasonably fortunate, in comparison witli those of other vessels r — .). About an average. .'i Q. Have you tjone south of Cape Flattery in hunt for seals? — A. Yes, Sir; and have followed the seals all along the coasts of British Columbia to Behring's Sea. 4. Q. During last year, to your observation, were the seals as plentiful from the coast to Shiimagm islands as they were the previous year? — A. \ think there was no material diflerence "). Q. Did the seals last year appear to be fri;;htened or more timorous than in previous years on account of the number of vessels r— J. 1 observed no materia! dilli'rence. (). (j. In shooting seal^, what is your evperience? — A. My experience is that unless a seal is nHUtally wounded — hit in a vital sj)ot — it is practically uninjured, and appears to be as full of vitality as before it was shot. The shot-wounds will rapidlv close up, if not made in a vital part, and the seal will swim away as though nothing had happened. The llow of blood stop.M very quickly, and the seal moves off at a very rapid rate. 1 pickeii shot from the bodies of seals, previously wounded in other than a \ilal part, and the aniiiKii in every other way appeared to be in a healthy condition. 7. Q. So you believe that a seal when shot, if not mortally wounded, does not sink or seek a place — a rookery, or some place to die? — A. A wounded seal will not alter its course in th;; slightest. It will go along the same as before, its wound healing rapidly, very rapidly, too. it is astonishing how quickly such wounds will heal. I once shot a seal which had been speared by Indians, and the spear had t A / IfiR maHe nn appnrpntly mortal wound. There was a eiit about 2i by li inches a little above the side behind the flipper. Tiiis wound appeared to have been made about three days jireviously, and in that time it had healed hnlT an ineh all round. 8. Q. Are there more seals shot slce|)inp; than in motion? — .-1. I should say that the larfjer proportion of seals are siiot whilst sleeping, that is, as far as my own experience ;^oes. i). Q. V« hat do you consider the vital part of a seal? Where do the hunters aim for generally — the licad or the heart? — A, It depends largely upon the position of the seal. The vital jiarts are in the head, in the vieiniiy of the heart, and, if a seal is shot so as to lileeii internally, the hunters are sure ol securing it. The head is the usual mark. 10. Q. What is usually a safe shooting distance ? — A. It depends largely upon the circumstances of the case. Soncwhere between 10 and iiO yards would be about the distance. I slniuUl say tiiat it is the average with sleeping or travelling seals. The sleeping seal is often approached to within even less than 10 yards, but till- average is from 10 to 20 yards for sleeping seal, and from 10 to 30 yards for travellers. 11. Q. The seal is very sensitive, is it not? — A. Ves; we have to approach them from the leeward alwavs. Their sense of smell is very acute. 12. Do the seals generallv travel far when wounded? — A. That will depend upon whe._ it is wounded. If it is vitallv wimnded in the head, it will hardly move from its position, for it is likely to die right there, but it will not sink. This is from my own observation. There is only one wav that a seal will sink after being shot, that '\s, when it is siiot in such a manner as to be thrown backwards, sinking tail first, thus allowing the air to escape out of its mouth. I might say, further, that 1 have never seen a seal sink which was shot wiiile sleeping. 13. Q. Will you state tlie proportion of seals lost as compared with those hit in sealing? — .•(. ^'■y own personal experience during the past two years is that my loss by seals sinking would not average 3 per cent. During last year (1891) I actually lost only two seals out of seventv-seven — that is, I shot seventy-nine, and secured seventy-seven. 11. Q. In iiunting seals, what is the direction in which they ii.-iually travel? — A. In the spring months they are leisurelv travelling towards the north, when they change their position. l'>. Q. In hunting seals, have you ever met with pups in the water.' — A. Not generally; but during the season of 1S90. while oil' Middleton Island, the hunters reported seeing two seal ips, probably a week old, but they appeared to be only just born. 16. Q. What is your opinion of the proportitfU of males to females killed during the hunting season? .Are there anv months in the year when there are more feinaies tiian males killed? — A. It depends ujion circumslances. My expe- rience is that groups of bachelor l)ulls will travel toj^ether, and sometimes groups of females, including barren cows, will travel together, and again groups of yearling pups apparently travel together. That is mv experience, and the experience of a nund)er of nthers. The calch of any schooner coming into contact with groups of nulls, or of females, would he no criterion of the catch of othe." schooners as regards the nuinl)er of females. In the \ear 1890, while in liehring's Sea, one day uc took seventy-live seals, and the next day we took eightv, and in the whole of that numlxr I observed only one female, and the hunters particularly informed me that they did not see any teniale seals at all ; that thev were all vigorous voung bulls. 17. Q. Would anything lead you to think. Captain Kelle\, that there is a likelihood of more females than males beiu"- killed between here and Shumagin Islands? That is, from .lanuary to ,bi nc /(. I can safely say that my personal experience has been on the side of the males, largely — both on the coast and in tli Hehring's Se.-i the number of seals caught is made up largely of males, 18, Q. .Are there any months of tlu; \car during which there arc more females caught than males? — A. 1 should say that, as far as my own observation has gone, there is no difference ; but i males thai n every mt)ntli, during my voyage s. 1 have had more 1 icmaies. 1'.), Q. Do you know of any Canadian ves.sels who have raided the seal islands during any year in which yoti have been engaged in the sealing industry ? — A. I have every reason to lielieve that none of the Canadian (leet have ever raided, or attempted to raid, or made any preparations to raid, any seal islands in the to '. ly^ 1(!9 Melirin,n;'s Sea. If any snc-li a tliinj:; liad happoncd, I sliould most certainly have licanl of it, and I l)i'li(?vo it to Ik> true llial, llic Aniciicai) scIiooimm-s "Georjjc R. White" and " hanici WcIisIct " did raid tiicsc islands, as also the " Mollic Adams" 'I'ltal they did raid tin' seal islands is a iact ucll known to all Canadian seul(!rs. I also heard that the (ierman s-ii.ioner •• Adcle" raider! the Pribylolf Islands, whieh aetion met with the strong- dl^il|l|'^)l)ati()ll ol'everv Canadian sealer. (Si-ned) C.'.T. KHliLEV. Sworn to at Victoria, IJritish Columbia, this 'J2nd dav of.lannary, ls()2, (Si!:fnc(i) A. K. Milm:, Collrrlnr of CiisIdiiix. A. Not hunters o be onlv .>al islands ■y'^—A. I raided, or ds in the neforf A. R. Milnr, Cnllector of Customs, J'ictoria, li.C., Jdnunii/ 'ilJ, 1S1)2. Captain William Petit, |)resent master and j)art owner of the steamer " Mischief," haviiii;- heen sworn : — 1. Q. (Mr. Milne.) — Captain Petit, how many years iiave you been engaged in sealing? — A. Six years. Sir. L'. Q. Continuously'.' -.1. Ye.s, Sir. ."?. Q. What vessels did you command^ — A. In ISSC) I commanded the '• W. P. Savward." in issy the steamer " (irace," in bSSM the schooner " Sapphire," and in 18S9, 1W)0, and ]S!)1 the " Mary Taylor." 4. Q. Have your catches diirin^^ ihesi; six veins been reasonably suceessful in comparison with other vessels?- .-1. About an av<'rage. ;"). (J. You have sealed srnitli of Ca|)e Flattery, have you not, and followed the seals along the coast oi Uritish Columbia and into I5ehring's Sea? — A. Yes. 5*. Q. During last year, to your observation, were the seals a|)|)arently as plentiful from the coast to Shumagin Islands as the\ were in prm ious vears? — .1. I found them more plcntibil l.i-t year than 1 have any other year since IsHO, that is, Cape l''lattery, north. (■). Q. llow ilid you find them in 15ehring's Sea's' — A. I i'ound them there in Hehring's Sea ;is ))lentiful as in former years. 7. Q. Are the seals now more frightened or more timorous than they have been on account of more vessels, in" from any other cause? — .1. I h;ive seen no material dilference. 8. Q. In shooting seals, what is your e.\()erienoe r — .(. My experience is that unless a se.al is inoitallv wounderl- hit in the litnid or in the region of the heart — the shot doe-! not ajipcar to injure it. 'J. Q. \)o you bciiexe that a seal, wiien sliot, and not mortally wounded, docs not sink, or seeks some place to die — a rooUery, or some such place? — A. No, Sir; a wounded seal w ill not alter its eoni'si; in the slightest. It will move along as before, its wound healing rapidh. 10. Q. What do vou consider tin; vital part of a seal ': Where do the hunters gcncrallv aim for? — .1. Kor the lead or the heart; it depends upon the position of the seal, but nsuallv tiie head. 11. Q. What is the distance .it which vou shoot seals? — A. It depends upon circumstances. I "J. (J. \vv more seals si'ot while sleeping than in motion ? — A. There are more shot slee|)ing, Sir. It is my opinion that the larger proportion of seals are shot w bile sleeping. The seals taken by the Indians are nearly all killed while sleeping. 13. (}. What is the shooting dist.ance ? — .1. it depends upon circumstances ; 10 to '20 vards for sh-epers, and ;i little more, 10 to .'id yards, fur travellers. 11. (J. Vou have seen I he hunters and Indians ap|)roach even nearer than 10 \ards, have vou ?— .1. Ves, I have seen them approach to within less than 10 feet. 1.'). Q. W hen seals arc \itally wounded, say in the head, will they move far from the position in which tliev are shot ? — .1. No, Sir. Ifi. Q. They are likely to die ri!,dit there, are they r — A. Yes, Sir. 17. Q. And thev will not sink?—./. With few exceptions, such as when a .-jeal is shot and tlirown backwards, thus .dlowing the air to escape out of its mouth. IS. Q. W ill you state your opinion. Captain Petit, of the proportion of seal lost by sinking after being shot? — .1. My |)ersonal experience during last season with white hunters would Hot exceed o per cent., and with Indians in former year8 I [572] Z 170 a (loiilit il it amounts to even I |um' ooiit. 'I'lif reason ol this |iri-coiitaf;i' in lavoiir i>l Intlians is Ixu-ausc they were caii};!)! w itii a spiar, and fonsctjiiuntly could not ijel away. I'.t. Q. Have yon I'vcr seen a soul sliot, while sleepini; sink? — .(. I have never known one (o sink. ■JO. Q. 'I'lien \on are clearlv ol tlie o|union that seals will not sink (or some time unless thrown iiaekwanis? — ,1. lam. Wiien tluv do sink, even to 10 or lij leot, tliev can be reached with the i^all". 'Jl. (J. When till' huntoi's rolnrn to tiic vessel at ni<;hf. do i'm'v iisualU' disenss their day's proceed ini's, and partienlarU' mention the loss of se; s, when such loss occurs ': — .1. Yes. '2-, Q. Then. Captain I'ltil.vou eonscienliously adhere to tlie st;iti nienl lh;it the loss l)y sinking ol seals hit will not exceed ."> per emt. ':' — A. I eertitinU' do; hnt there are seals hit and not morlalh wiuinded. and these escajie. hut ihey ;ire not "lost." as tliev are ipiite as vii;()rons as heh)ri'. Ikhmusc tlnir wounds lie.d verv rai)i(ilv. I have often lonnd shot in the .skin. 2.'>. Q. \\\\:\l is your opinion ol'the (iroportion ol temiiles to males killed diirinp; the last hnntiiii;' season ':--. I. Last \ear, out ol m\ catch of !*'<'>, I h.id only iN lemales carryin<;- youuf; — not (piite '2\ per cent. Of course, as in other seasons" catches. w(' had a numher ol barren cows about the usual run, 10 per cunt,, and 12[ per cent, of i;rey i)ups. These ^rev pups are ;dwa\s bulls, and one vearold. lit. Q. Your catch, then, would be about 7<'' |)ei- cent, of in;des last season > — A. Yes. Sir; indudins^ the ye.irlinj^s it was more than 7;") percent. 2''. (J. Y'ou say j;'rey pujis are alw;iys males; will vou explain this: — .(. The Indians called my .'ittention to this fact years a^o, but the reason is not (luile known, still il is a fact. 1 havi' observed vers closelv, .and have never yet seen a fem;de s;rey |)upone year old. I try to account foi- tliis by tlu- supposition liial the yearlini; sjrcy male pups are driven early out ;)i' Hehriuf^'s Sea bv the old bulls. ■Jit. Q. Last ye.ir, did you hear any remarks about the numl)er or proportion of tin males to lemales caui;ht, Irom any one or am source r — A. Yes. Sir; I heard that a much l;irger |)ereentai;<' of males were caught Last \ear than in any former year. 'J7. Q. I would ask you. Capt.iin Petit, if in an\ fortuer vears there was .•isimil.ar preponderance of males— do you romemlx-r of unv such i'act?- ,1. Y'es, I do. In l8^(i, when oil Uarclav Sound, in one day we had taken 101 s(>als. of whieh ."> onlv were females. In the lollowiiii;- y(>ar. Issy, when oil' I'ortlock ILink, we took ril ill one day. and cows? — .1. Y'es, Sir; 1 think there an; more. ;i-l. Q. Do these barren cows, from the knowledoe \ou have of seals ilo \ou think that thev ever become bearint;? .(. I think thev do. ave jieriods of bearing;? — A. 1 don't think that a seal li') Q. That; they wil will bear before she is I \^ ears old ;i('). Q. llow lone- does a seal c;u iv iu-r voung r — A. Il is understood to be eleven months. '.^7. Q. Y\'ere there .any circumstances oi-curri'd to vou upon your last voyatje which would indicate ;i marked decrease in the number of seals ? — .1. None what- ever, Sir. On the contrary, I should say there were more. Then" seemed to lie more last year, ;it least we saw mori; thai year than for several years previously. ">n. Q. In vour observation .as to the; habits of the seals, they appear to he like the salmon — that they return from no known cause in lar!;i) yon think that the niunlitir of female seals killed in the hunt !.•< iiialerially iiiiiirin<; the reproduetioii of seals •'-•.•/. No, Sir. I<». (J. Can von '^\\v a reason for that r—. I. Krom the small pereentat^f I' Icmales killed, I don't think it: would injure reprodinlion in am way. fl. (j. Wereyou in Uehrinn'sSea last year, and W(;re vou orduri'd out r — .l. \iid was ordered out liy the I'liKed States' ship " Corwin." I-. Q. Ilefore beins:- ordereii out, what, was your usual tishiiifj^ distance from land ?^.(. (1(1 to |()(l miles. |:i. (J. Von found seals all .ilon:;- that distiuiei; from lamrr— .1. ^■es, in larj;'e nund)ers. •1!. Q. \'oii had the prosfiects of a fair eateh ? — J. Yes, Sir ; I had I hi! prospects ol a very fair catch up lo th(> time I uas warned Z I.'). (J. Noll consider it a very material loss, beiiii;- warned at (he timeout of r>ehrini;'s Sea : — .1. I do. Sir ; I consider it a verv heavy loss. l(). (j. ^■()ll still .iilhere to llm statement that tlie seals l)etwe(Mi (10 and 100 miles Irom land were as plentiful as in any previous years in your o.\|)erienee 'r — .1. .\s plentitul as they were in any year sini'c Issfj. 47. Q. Oid \ou observe in your catch in l}eliriny;'s Sea any preponderance of females over males, or rirr rorsn '—A. Yes, Sir; the males wen; in excess. 1^. Ij. Can you state from recollection an avcra>^-e dav's hunt, in Hfihring's Se.a r -.1. l''orty-ei<;ht was about the lari;-est I made while in 15ehrin<;'s Sea. v.). (j. Do you remember hearin;;- any of the hunters sjieak of losing- an\ seals b\' sinl-ini;- ': — .!. No, Sir ; I don't I'emember .any instances of such loss. .')(). (J. Did yon cross from the .Vmericaii side of the |{ehrin^'s Sea into the Russian siile - — J. Xo, [ didn't. 1 came straight home to Victoria tlironf;;h Ounimak I'iiss, "d . (J. Dmini;' the year, did \<)u hear from an\ source thataiu Canadian vessels had raided the seal islands or any of them':--. I. Xo, Sir; [ never heard of any Uritish or Canadian vessels, not during' the past ve.ar, or anv ve.ar I have been en^'ai;'ed in sealiiij;-, d\i. (j. C,i|itain Petit, do you believe any of the stories that are told about the "Geo. i{. White." the '•Daniel Wi-bster," and the '• Mollie Adams " raidiii>;' these islands i*- -.J. ^'es, Sir : I lu'lieve those repoi'ts. •11?. Q. Tlii'se were all .American vessels, were I hey not .' — ,1. ^'es, Sir. ."il. Ij. Dunn:;- the last two yearn it is reported th.at the \merican schooners "■J. ilamilton ijcwis," formerly the Hritish schooner '• Aida," and the '-CitN of San l)iei;-o.'' raided the Copper Islands .' .1. ^'l's, Sir. ."i.'j, (j. Do yon lielieve that is true? . I. I do, Sir ; and also in ISSfj or 18^7, the .\meric;>n schouner ••Look-out," raided th(> Fribxloii' Islands, so that the histor\ of raidine," the seal islaiuls is iieculiarly American, and solely by .American schooners. o\]. Q. Was not the British schooner ".Vida" seized by t,lii! American (iovern- ment and sold ? — A. Yes, Sir. In 1887, and renamed (he ".I. I l.iiiiiltan Lewis." oT. Q. Is not this same vessel, the "J. Il.amilton Lewis," tlu- same vessel as was sei/.ed In ihe Russians (his year, in (lu; viciuily of Copper Island .' — ./. Yes, Sir; and served her rii;-ht too. .')S, (j. [f any of the Caa;idian ve.s.sels had raided either the .\nicrican or Russian seal islands, your long exDerience in the sealiiii; Heet here would have insured your biMiii; aware'of it?— .(. Yes, Sir; I should certainly have heard of it learned it from hunters, masters, or seamen. It would have been sure to have leaked out. oi). (j. I.-, it \our opinion thai ship-masters or shi|)-owiiers have been most careful in instructing their nuisiers or captains to avoid any interference what- ever with the seal islands r—J. I have served with dillerent owners, and I have been instructed to carelulK avoid appro.iching (he islands within the international limit In fact, all the sealing I have conducted has been done outside at least of (he 20 miles Irum land. Mr. Miliir. — That will do. Captain IVtit. Thank vou verv much. (Signed) WILLIAM VE'nT, Master. Sworn to before me, at Victoria, Uritisli Columbia, this 'J.'ird day of .January, 1892. (Signed) [571.'] A. U. -Mit-\i;, Ciillcrlor of Customs. : „ Z 2 •^> % n% IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I "-ilM iiiii 1 2.0 1.8 1.25 1.4 16. .« 6" - ► "/W ^ w /a /a poken about. From a record kejit In hunters during two voyages the aggregate loss bv each hunter is shown, and the percentage is not greater, on an average, than 3 per cent. 2t). Q. How manv hunters do you usually carry? — A. Six; and I hunted myself. The ship's company consists of twenty-three persons. 27. Q. What si/,<' sliot do you i:se in siiooting seal ? — A. No. 2 buck-shot, or "is" Canadian shot; and the guns are of the very best material and very expen- sive, costing from 70 to 100 dollars. 28. Q. What do vou think is the proportion of females to males in the number killed in the diHerent months of the fishing season? — A. I don't know, 1 am sure. It depends upon circumstances. .Mv experience last yea*- was very largely on the bull side on the const ; that is, the |)roportion taken were largely male seals, I can conscientiously say that it must have been three bulls to one female, and 1 hnd a larger number of seals than any other vessel on the spring catch. 2".>. Q. In the l{clirin;;'s Sea, to your observation, were the males or females in the prepouflerance .' — .1. M\('\perience is that they are very much as they are on the coast. Sometimes I would meet with groups of all bulls, and again with groups of all cows. .'{0. Q. While in Mehring's Sea last year, what would be your usual sealing distance from tiie land '.--A. I uan not in hehring's Sea last year, but in previous years it woulil be from about ;W to 00 miles from land. The usual distance is about 00 miles. Sometimes we are inside of that, hometimes outside of it. 31. Q. Last year, 1 understand vou to say. Captain Baker, you were not in the •^Jehring's Sea on the .\nierican side ' — A. Xo. 32. Q. Do I understand you to say that on the Russian side the same observa- tions will appK to the habits and shooting of seal as on the coast? — A. Precisely the same as to their grouping and habits. 3.3. Q. During the four years that you have been sealing, Captain Baker, I would like you to state explicitly if you saw or heard of any Canadian vessels raiding the American seal islands .'—/I. No, Sir. To my knowledge I have never heard of any, and I have every reason to believe that there has never been any Canadian schooner raiding any of thciu. r fmmmm 17-4 34. Q. If anything like thif. nad happencH, yo.; would have heard of it? — A. Most certainly 1 would have. .15. Q. You have never heard asiy ndnrniation of any of our sealers conniving to raid the seal islatuls r — A. I never did. ."JG. Q. Two years i\s;o it was re|)orle(i tiiat some American schooners had raided seal islanils. Did you hear such a report? — .1. Yes. Sir; I heard a rc|)ort that certain American schooners had raided tliesc i^lands. The '• (Jco. H. White," "Daniel Webster," "'Mollic' Adams," anil lor two years the "J. Hamilton Lewis," have been raidinjr the Copper Islands on the Rusyi.in side, and it is reported tiiat the American schooner "City of San Diego" also raided the t'opper islands last year. ."57. Q. You JL.ve heard of the (German schooner " .Vdele " raiding these islands? — A, Yes; in IfSS'J, with poor success. These illegal acts meet witfi the stror V disa|iprobation of evcrv Canadian sealei'. j8. (J. And if Canadian sealers had done acts of that kind, you think it would most ccrt;iinlv have leaked out ? — A. It nu»i certainly would !i;ive. ;3'J. Q. You are ijuite satisfied, then, that not a single Canadian sciiooner at any i.imc has raided the seal islands? — A. Xot In m\ knowledge. I don't know of one single ca.se. ■10. Q. What was vour entire catch last season? — .1. 1,!)91 for the whole season. U. Q. Giving your opinion in confidence, wliat is your opinion of the seals on tac coast Hiui in liehnnii s Sea Are tl lev (lecreasmj'' or inereasin"' -A. f rom mv ex|)erience, i have not seen any decre.ise, but I have noticed also that thev change their gi'oiinds from time lo time, and where \oii find them iliis vear you may not find tliem the next. This was very remarkable during the year bSOO, for the seals were all found to the eastward ol Fribylolf Islands, while in ibrincr vears thev were found to the svestuard. 4'2. Q. NV'hen diti you tiiid them to theeiistward of St. I'nul's Island ;* I under- gtand you to .say that you found them very nuinert)us ' — A. ^lore so than I ever did before. 43. Q. Have you any opinion to olTcr as lo the return of the seals to the I'oast last year ? — A. I have no direct o|)inioii. but certainls the seals were more plentiful on tlic noi them coast last year than the previous years. (Sigiie( 1) W. !■:. BAKEU. Mnsln: Sworn to before mc, at Victoria, British Columbia, this '2 ml dav of Januar' 8'.) (»•:> (Signed) A. R. illlAK, Collector of Ciistci January 19, IbUli. i\ riarence Nelson Cox, master of the schooner " K. B. Marvin." of Victoria, examined bv Collector Milne: • 1. Q. What vessels have you commanded on this coast and in Uehring's Sea, ai tain Cox ? — A. I have been twn vears master of the " Triumjdi," and one year mati; oi' tiu; " S;i|)|)hire " with mv brother. 2. Q. This makes \oiir llilh ni sixth year? — ./. This makes my huirth year. I was in Hehring's Sea so late last vear; that is probably why it may seem I have been mit oft''iier than others, .'i. (j. The impiiry, Caiilain Cox, is to elicit, first, the number of seals lost by being int. It is alleged that \<)u i()S(> ;i large proportion of those that are shot, and we wish to get at the facts. .\lso to CBtablisii th«- number of females caught > seals coining up thi? coast before entering liehring's Sea, ;'.nd of tlu'se about T") per cent, would be males. I'i. (j. Have you any private opiidon as to the reas.)n of this j)reponderai)ce of the males last y(>ar as compared with jirevious years? — A. 1 cannot account lor it. In tact, 1 could liardly advance an\ idea of the cause. 1 get the most of tliem from Quuen Cliariotte Island I'oast northwards. 17. Q. You think, though, with some of the other sealers, that at about May the cows arc well in advance, going to Behring's Sea, to the breeding grounds, consc(|uentlv the males would be left i)ehiiid / — A. That is the only reason 1 can see for it, because we get very t'ew females ■' w itii j)U|) " in May. 18. Q. W hat do you consider a sutticienC shooting distance, that is sulhcientiv close range, for sleeping seals?—.-!. A great many are shot inside of 15 yards. I think about ).") yards. li). Q. .\s a [irolessional sealer, what is your honest and candid opinion about the |)ercentage of seals lost, that is, the number lost after being hit — tliose that sink ?— .1. \\ ith the Indian hunters it would not anumnt to one in a hundred. They kill with the s|)ear, and I know it would not amount to 1 per cent. 1 was only one sea.son witli Indian hunters. Last year I had whites. I do not think the loss would be more than 1 or 3 per cent, witii shooting by the white hunters. ^t). Q. The spear of the Indian sealer is i)arlu'd, is it not, and fastens in the animal? — .1. Yes, it has two barbs, and a line attached, so that they are sure of their seal unless their line breaks, or the spear is not stuck in far enougii to hold, neither ol which haiipens often. '2\. y..Vou can (|uite confidently state that the loss of seals killed by wiiiie luinters would not exceed 1 or ."> per cent. ? — A. I can. 'J'J. Q. This vou base upon your own personal knowledge? — .(. Yes. 'SA. Q. How man v of a crew do you carry on your vessel? — .-/. Six boats, that IS, six hunting boats, and a stern boat, seven in all. 24. Q. Your ship's company would be how many ? — .(. Twenty-three men. •J.'j. Q. And the number of hunters ? — .1. Six hunters, or, counting the stern boat, seven hunters. 2(3. Q. Your catch last year was how many skins? — A. On the coast, S4S skins. 27. Q. Of that number, how many would be i)reeding seals? — (. 1 do not think there would be more tiian la per cent.— about 120 female skins. 2.S. Q. What percentage of them would be barren f'.male skins? — .-1. About 10 per cent. 2S). Q. Is the percentage of bearing cows greater than of barren cows ?— /I. Yes ; e»'dry year in my experience there have been more bearing cows than barren. I I- 176 30. Q. About 15 per cent., then, would be bearing cows, aiui 10 per cent, barren ones ? — A. Yes. 31. Q. — You stated that it would entirely )t lose five seals duriiig the whole season. ;■)]. Q. Is it your opinion that tlic female se.;ds with young are somewhat timid, and more on the alert than the old l)ulls ? — A. Yes ; they are. 52. Q. That is one reason whv tiie percentage of females is so small, I sup|)ose ■? — A. Yes. 5.3. Q. In Behring's Sea vou say the percentage of loss would be more than on the coast? — A. 1 think the percentage of loss in Hehring's Sea is less than on the coast, because the sealers gel more seals asleep in tlie sea. They seem to be right at home there, and not travelling about so mucii. 54. Q. Have you at any time known ;iny of our vessels (that is, Canadian vessels), registered Canadian vessels, landinu on the seal islands for the purpose of raiding and killing seals ? — A. I can conscientiously say that 1 have never known of any of our vessels landing there. 65. Q. And have never heard our masters or sailors encourage that sort <»r practice? — A. No. 177 5G. Q. Have you heard of any vessel having; done so ? — A, Yes; I have. 67. Q. What vessels?—^. The " Mollic Adams," "George 11. White," and the "O. S. Fowler," of San Francisco, I he;\rd, raided the l'rihyh)rt" Islands. 58. Q. That fact is well known to the whole licet? — A. V'cs, Sir. TjO. Q. You were not in liehring's Sea lasl season ? — A. 1 was in, but didn't stay lonj;; ; I was ordered out of it. GO. Q. You left as soon as ordered to leave V — A. I did ; came direct home. 01. Q. Who warned you ?— ,4. The British steamer " Pheasant." 02. Q. You didn't try to seal after that? — A. No. 03. Q. Or lowered your boats? — ,/. I didn't lower any boats after receiving the order. 04. Q. You have heard of some American schooners raiding Copper Island ? — A. I have. Oi). Q. Do you know the McLean brothers ? — A. Yes ; and the " City of San Diego" here, and tlie "Webster'' nd "J. Hamilton Lewis," three American vessels who raided Copper Island. 0(5. Q. You have no idea f)f .» hy the seals were more plentiful along the coast last year than other seasonp? — A. 1 have no idea. 07. Q. There has been no practical theory advanced as to why hast year the seals were more plentiful close in sliore than in other years? — A. I have none, except that it is on account of liieir food lis!). The seal follows the food. The earlier those fish strike along the coast, and the closer in shore, the earlier and closer to the coast we get the seals. (Signed) C. N. COX. Sworn before me, this 18th day of January, A.n. 1892. (Signed) A. 11. Milne, Collector of Customs. Captain Alfred Hissett, master of tiie Canadian schooner "Annie E. Paint," of Victoria, British Columbia, being duly sworn, says :— 20. Mr. Milne. — How many years have you been engaged in sealing? — A. Two years: this is my third year — have been master, mate, and hunter. 21. Q. You have had about average luck ? — .1. Yes, about the average. 'J2. Q. You have followed the seals from south of Cape Flattery north, haven't you ? — A. Yes, Sir. 23. Q. During last year, to your observation, v/ere the seals as plentiful along the coasts as they were the previous years?—.!. They were, 24. Q. Did the seals appear more frightened than usual? — A. I think not; I noticed no ditt'crencc. 25. Q. Did you notice last year, or any year, in hunting seals, that the cows travel together "bv themselves, and the bulls by themselves, in herds ?—.-i. I did notice that the bulls, in a general way, travel together, and the cows together, and small seals, as a rule, pups, travel together. 20. Q. When hunting, of course, if you struck a band of bulls, the catch that day NNOuld be principallv bulls?—.!. Yes; principally bulls. 27. Q. Do you think more seals arc shot while sleeping than when in motion ? — A. Oh, yes; far more, about 80 per cent., 1 think. 28. Q. What do you consider a safe shooting distance for a sleeping seal ? — A. For a sleeping seal'about 20 to 30 feet is a sure distance. 29. Q. And when they are on the move, what is the distance? — A. Well, fiom 25 to 30 yards. 30. Q. What is your opinion of the proportion of seals that are lost after being hit?— .-1. 1 think from '6 to 5 per cent, would cover everything. 31. Q. Where do you aim for, in shooting a seal ? — A. I aim for the head. 32. Q. So < len a seal ilrops his head down, the air is stopped from escaping ? A. Yes ; that is the reason we shoot in the head. 33. Q. During last year did you notice the proportion of females to males l{illed? A. From counting the skins, and noticing the seals coming on board the ship I should form 75 to 80 per cent, were bulls, and the remainder females. [572] 2 A 178 34i Q. Do you know the reason of tliJit? — Ai I don't know, unless the i-ows travel a little Taster thnn the hulls, wlin follow tlio (H>ast. I have always iiotic-nl. that tluMc arc more bulls killctl on the ooa \ than there are i'umalu». ;?."». Q. Have you ever noticed wh. . the number of leiuulcs predominate? — ,1. 1 hardly know, but I have nolieed (hat during tiie months of >Nlareh and April that there were more oows than males in the months of May, .lune, and .Uily. ;?(). (/ Can you form any idea, I'rotn wliat you liave heui'd, wliether there are more h males killed than males': — .(. 1 shouUl say that there are decidedly moie males. That is from what I have heard ami seen myself. 'I'herc la no doubt that the low price obtained in London this year is due to the larp;e number of small bull skins taken, the skins of the females beings larcfer and better. :i.^. (J. Duriiii:^ the two years that you have been en5;af;ed in sealin<» have you over known aii\ t'anatlian vessel to raid any of the seal islands? — .1. No, Sir. 3i). Q. It there had been any such thiiia; si'oing on, it would have leaked out? — A. It would certainly have leaked out, and I WiUild have heard of it. It is ;\lniust imjxissible to keep it ()uiet. ('riie aiiove haviui;' been carefully read over to Captain Hiasett, he corroborates and substantiates the same.) (Sifiued) A1.ERKD BISSKTT. IbitL'. SAVorn before rae at Victoria, British Columbia, this 18th day of Novendjer [**V J, (Sii;iied) A. R. ^Tilne, Collector of Custom.". iJi Junuanj l\), 1892. Ciiptain Theodore .\f. Mapnescn, in command of the schooner "Walter A. Karl," ol Victoria, examined by Collector Milne: — 1. Q. How many year* have you been sealing in Bchring's Sea, Captain Mai;iies('n ? — ./. Three years; this will be my fourth. '2. Q. Vou have hail \ery j;o, " ^ every a niisstate- 179 16. Q. Would you say tliat a man who loses, say, 5 per cent, of the seal lie shoots would not he an e.\|)cncnccd hunter? — A. He' could not lose more than that. 17. Q, Will that pcrcentajye of loss apply to the travelling seals as well as to the slcepinj? seals ?—^. Yes, the most of the seals lost are the ones siiot bv the ones nioviiif; or travellin}>;. 18. Q. Your boats carry pole, spear, and gair?— .1. Yes; and if the seal sinks down U) or 13 feet they are easily recovered. 19. Q. If you were on your oath, now, and heard anyone say that for seal that was killed, male or female, one was lost, you would say it was inent r — A. Yes; tliat is not so. 20. Q. If any one came here and said that for every seal you hit you killed another seal r — A. Tliat is nonsense. 21. Q. Tlic highest percentage of loss, you say, would he o per cent, lor sinking seals ? — A. Yes ; and I may say tliat I have taken seals with sliot in tliem, dropped out when skinning, and they seemed as strong and healthy as ever. 'J2. Q. Tliat is to say, tliat unless you shoot a seal in a vital part, the wound heals (|uickly r— .1. Yes; and unless vou liit it hard tlie seal gets away. '2'd. Q. You have seen females carrying tiieir young in the water. •J4. Q. Down llie coast the seals ..-1. Yes. 9.'i witii young? — A. No; I are pretty well divided. never saw them are thev not? — Q. The cows travel by tiiemselves, and the hulls by themselves? — .1. Y'"es. 20. Q. Did you say that you have cautfht more bull seals than cow seals during the season ? — A. Yes, along the coast; but when 1 got up anil up 1 got more bulls than cows. '17. Q. What months have you seen more cows in proportion than other montlis ? — A. In February, March, and April. 28. Q. Hut even when you see more cows the average of the seals killed is in favour of the bulls, is it not? — A. No; it is about equal. 29. Q. You say the cows travel quicker towards the Behring's Sea? — A, Yes; when we get further up the cow seals seem to leave the bulls behind. 'AO. Q. Has it always been so? — A. Yes; I have got 181 seals in a day, and not a cow amongst them, bvit you sometimes get one. I tliink the average is about one in ninety. 31. Q. You always get more bulls than cows ? — A. Yes, u|) there. 32. Q. How many out of every hundred seals you had on board your vessel last year '.vould be females ? — A. I think fully a half of tiiem would he cows. 33. Q. How many of them would be bearing cows, and how many of them would be barren cows? — A. Of bearing cows, \ think about 18 or 20 per cent, would he hearing cows. 1 do not think there would be so many as that. I had 2,000, and 1 think there would be only about 12 or 14 per cent, with pups; the others would be what are called barren cows, antl a lot of them would be dry cows. 34. Q. With the barren cows and the ones bearing young you say would make up about half your catch ? — A. Yes; about half and iialf. 35. Q. The proportion of males and females, though, depends upon the crowds or groups vou get into? — A. Yes ; it depends u|ion the band you strike. 30. Q. You never, at any time, hail more females than males in any of your catches ? — A. No, never. 37. Q. While in Ikhriiig's Sea during the last four years had you ever heani of any Canadian schooners "raiding" the PribyloHT Islands? — A. No. I never heard of any of my cresv being engaged in such. Several of my crews told me of the American sealers raiding them, but I never heard of a Canadian vessel doing so. 38. Q. If you were bound to make a statement on your oath, you would say you believed no Canadian vessels ever raided the PribylolF Islands for seals ? — A. Not as far as I know. 39. Q. You believe, as a matter of fact, that the owners of Canadian sealers and their masters have never countenanced this raiding ? — --1. I believe that is the feeling that prevails among them all. AO. Q. You have heard mentioned the names of the American vessels that raided those islands ?—yl. Yes; I heard of the " Mollie Adams" and "George R. White," but not any others. [572] 2 A 2 180 41. Q. You have not heard of any others ? — A. No; I have not heard of any others. 4'_'. Q. You have hoard of vessels raiding; the Co|)per Islands ? — A. Yes ; 1 Jiavc iieard of the " Hamilton Lewis " and " \\ el)ster " raiding Copper Island. 4.1. Q. Those vessels you name are all .\meriean vessels'- — A. Yes. 'H. Q. Manned hy American erews ? — A. Yes. 45. Q. Miivc you any recollection of seeingf any of those vessels in this (Victoria) Harbour? — .1. No. (Siijncd) TIIEO. M. MAGNESKN. Sworn before nie, this 23rd day of January, a.d. 1892. (SiL,'nc(l) A. K. JIii.NE, Collector of Customs. Henry Crocker, hunter on hoard the schooner " .Annie K. Paint," havinjy been sworn : — C^Ci. (j. How lonp; have you been engaged in sealing? — .-1. I have been hunting won lor three vears ; this is my fourth. fiC). Q. From your observation, do you think that the seals were as plentiful last year as they were during the previous seasons? — A. Yes; from what I saw of them I atn sure they were just as many as before. ()7. Q. In what months do the female seals seem to l)C the most plentiful in the sealing-i^rounds? — A. 1 believe that from February to May the females seem to predominate in numbers; that is, when the cows arc getting heavier with young, thev make for the islands sooner than the bulls. 68. Q. Is it more dldicult to shoot a female seal than it is a bull? — A. The males arc more easily killed than the females, owing to the inquisitiveness of the males, and the females being more shy, and also as they move along the water with only their nose visible. on. Q. As an experienced hunter, what percentage of loss have you had by seals sinking r — A. It is very rarely that a seal will sink. I have been a whole season and have not had more than half a doxen sink during the whole season. 70. C^. Can you form any estimate of what your loss has been ? — A. I would sav not more than 3 to 4 per cent. 71. Q Was tiio loss last year more than in previous years? — A. I coidd see no (lifl'ercnce. 72. Q. As a reason for the small percentage of loss, you get very near the seals bi'fore shooting? — A. Yes, Sir; the usual distance is within about 20 feet to a slee|)ing seal. 7.'i. Q. II" a man has a l^^'ier percentage of loss than that, he must be careless, you think? — A. Yes, I should say so, and not a first-class hunter, for there is no •lecessitv for losing a seal. 71. Q. Does your percentage of loss agree with other hunters with whom you have conversed ? — A. Yes. "/i. Q. So that on the coast and in Hehring's Sea the same percentage would appiv ? — A. Well, on the coast one does not very often sink a seal ; but in l ?— .1. I say about the same as this year ; I don't see any diirerence. 78. Q. Does your percentage of females taken agree with that of other hunters with whon\ you have conversed? — A. Yes. 79. Q. As an experienced hunter, then, you adhere to the statement that for 181 the wUoUi soasons' ontolios for the years you have been himtinjj;, that the percentage of seals eaiicjht will he ahoiit three males to one female?—/}. Yes; about that. SO. Q. Do yon include in that statement barren cows? — A. Yes. HI. Q. Have; yon any idea or reason of yonr own why the males come to predominate so much? — A. I think it is because the females make for the islands curlier than the yonn<;- bidls and barren cows. 82. Q. Have yon ever heard of anv Canadian vessels raidins: the seal islands ./. No, Sir. n;{. Q. Vou have never heard of any Canadian master or owner ofTering any inducement to hunters to raid the islands.' — A. No, Sir. H-1. Q. There has never been any bonus odered you to raid the islands ?— A. No, Sir ; while in Ik'hring's Sea we are always too anxious to get away from til islands. S.'j. Q. If an/ Canadian vessels had raided the islands you would have likely heard of it? — A. Yej Hf). Q. You have i card of .\merican vessels raiding the Conj)i Islands?—,}. I have heard it ' " I tliink it is impossible to keep it as quiet as that. and Pribyloff 1 have known of the American vessels going into Sand Point just after they had raided the islands, and I was in Sand Point when one vessel was (ilted out lor the purpose of making a raid. 87. Q. 'Pile masters with whom you have sealed all seem to have avoided the islanrls .' — /. Oh, yes ; they keep away from the islands between 50 and 100 miles. (The foregoing having been road over to the said Henry Crocker, he corroborates and substantiates the whole of the said statements.) (.Signed) HENRY CROCKER, Hunter. 1892. Sworn to before me, at Victoria, British Columbia, this I8th day of January, (Signed) A. R. !Mit.ne, Collector of Customs. -M Cicorgo Roberts, hunter on board the schooner "Annie E. Paint," being duly sworn, says : — 55. Q. How long have you been engaged as a sealer? — A. I have been at seal- hunting for three years, one season as a hunter. .')(». Q. Were the seals more plentiful last year than in previous years? — A. Thev were just about the same as regards number. 'u. Q. How do the seals generally travel — in mixed numbers, males and females together? — A. The seals travel in bands of bulls and bands of cows, both by themselves. .'iS. Q. What is the proportion of seals lost by sinking after being shot ?^ A. Well, I should say that .'? to 5 jier cent, would cover the whole loss. It is net more. 59. Q. What is the distance you are oflT a seal when you shoot, generally?— A. Well, from 20 to .'50 (eet for a sleeper, anti for a traveller from 25 to 30 feet. (U). Q. What part of the seal do you aim at ?—^. F aim at the head, as the best place, being the surest. 01. Q. Do you think there were any more female seals shot than males last yeiir? — A. No; I think there were more males shot; in fact, I think that since I have been engaged in the business there have been more males killed than females. G2. Q. What months have you noticed more females than males? — A. In the months of March and April there are more females than at any other time. There are more females killed during those months than there are any other time. 03. Q. Have you ever heard of any of the Canadian vessels poaching on the seal islands? — A. I never did ; 1 would "have heard of it if there had been any. 1 have heard of the American raiders; but I do not know of a single Canadian vessel raiding a seal rookery. 61. Q. It a seal is sinking, does it gn quickly or hIowIv ? — A. If it is not too r.ir a\v;iy it can always he sccurod, as it does not ^o too (|uieKly to get it. (Tlic alxne liaviiig been road to the said (Jeurgc Hobcrts, lie corroborates and cubstaiitiules all ot the tbregoing stateineiitH.) ^Sisjned) CJKOIHJli KUHEHTH, lluntn. 180'.'. Sworn to before me at Victoria, British C'oltimLin, this I8th «lay of .laniiary. (Signed) A. K. Milne, Collector of Cuttoms. Uii'liard 'riioinsoii, hunter (»m board the schooner " Annie K. Painter,'' being didy sworn, says : — •10. Q. How long have you been engaged in scaling? — .1. 1 have been engaged as a hunter for two years, II. per cent, would cover all. 40. (j. What is the usual niaruier in which seals are lost? — A. Well, if the seal is in a certain position and shot so as to allow the air to escipe, tlic seal will be lost. As long as the head sinks below the water lirsr, the seal will not sink. They very rarely .sink in anv case. 4G. ij. \'ou carry a spear on a galT, don't you ? — A. Yes ; it is carried to >:pear the seals when they are going down. 47. Q. From your experience in .sealing, you consider that from 3 to 5 per cent, would cover the total loss of seals, after l)eing shot, through sinking ? — A. Yes 48. Q. W'Ucn you shoot a seal at a distance, and do not shoot them in a vital part, they make oil, do they ? — .1. Ves. 4!). Q. You don't consider that lost, then f — A. No; wc don't consider the seal lost unless it sinks. [A). Q. Have vou handled more males than females during the past two years? - — A. I should say more males. 51. (,>. Have you any idea of the proportion of males — would there be two males to one female ': — A. I should say from 70 to 80 per cent., or about three males to one female. ')'2. Q. In what months do you consider that there are most females killed 'r — A. During the months of April and May. There are apparently more females, but not as many as males. oH. Q, Vo'.i iiave never known of any Canadian schooners raiding the .seal islands lia\e you > — A. 1 have never heard of a Canadian, but I have of the American. .')t. Q. ])uring the time that you have been to Behring's Sea, you woidd have heard of it'r — A. 1 uould certainly have heard of it. 5."). Q. You have always sailed out of this port r — A. Yes, Sir. (The above having been read over to Richard Thomson, he corroborates and substantiates the same.) (Signotl) U. TUO^klSON, Hunter. Sworn to at Victoria, British Columbia, before me, this 18th day of January, 1892. (Signed) A. II. Milne, Collector of Cuatoms. ,v. »^f^r:T J W9 ilil have Victoria, B.C., January 22, lHtt2. Andrew F.niiif>-, called uiid oxaminod liy Collector A. l\. MiliKi:— I: Q. Yoii arc one o) the oldest swil-hiiiiters in (he province, Mr. Uiirij> ? — A. I have heeii ten years at it. 2. (j. Yoar Unowlodtro of sealing: leally i^ocs beyond tlie proHcnt Uno\vled«;c of the average sealer r—.l. I havtr liad as much cxiierience :is any oi' llicni ; 1 (iiiiiK I know as nincli as anv of them. '.]. . (/ From those observations last year did you notice any |)erccptible or material decrease in the numiier of seals r — .1. None whatever. ti. Q. It was {xeiierallv r(>portcd last year they were mon- numerous than I lie year before ? — A. Yes. I think if anvthina; tliov were a little more numerous. than I8'.)0. 7. Q. noes that remark apply to lull-grown r — A. To fidl-t;rown and mid-si/.ed. C. Q. What direction do the seals on the coast usually come from r — A. They come IVoni the south, followiiiii the herring-, which spawn on the west coai t .lad (litferent places, and the seal follow those lisli into the shore or far out, as (he t a-;c may be. The natives ^c\ a g;reat number oi these seals amouf? a school of herrint^-. 0. Q. What is the usual distance which tlie natives hunt away from shoic'i' — A. In the sprinpf they will hunt 10 or 15 miles oH", later in the season - . or 2't miles, r have seen thoni 40 miles from the land. 10. Q. ilow lonp; does th-» 'Mmiino- of the seal on the west coast usually laKl r — A. Commences in February, or lalter end of .lanuary, and lasts till the Ist -luno, when yon get mcue or '"■'s seals; you can i;et a lew strag^glers in .luly. II. Q. And the (cfidency of the seals is fmm the south V — A, Yes, followinu; their foorl lish. I'l. Q. Yon have been down the coast to where you meet tile seals in their migration ?— /I. I have gone down as far as Shoal Water Hay, Columbia Uivi'r. \'^. Q. How do you meet the seals — in large bands or batches': — A. \ os. in schools, from two to twenty in ;i school. 11. Q. Ho they swrn to travel in pairs': — /I; No, Sir. IC. Q. Do vou find in these schools, or bunches, they arc ail males or (L'males ? — A. Thev are mixed. I rememl)er an instance — I think in ISWi — when we siot on the coast oirCape Flattery either lUt or 100, am not positive, and out ot that there were over 100 bull seals, and the next day we g;ot about 80, and out of that number ovtrr 70 were bulls. That was in tlie ycaV 1886. Ui. Q. Would vonr observation leail vou to suppose that your calcii wduld depend entirely upon the g;roup of bulls or females as to which your catch would bo composed of principally? — .!. As vy get amongst them ; yes. 17. Q. Hnt taking One vearwith another — from 1886 to the present time— have you seen anv more females killed tiian of bulls .' — A. No, Sir. I think we have i;ot about three males in five, and when we get up about the IJank, about Muldlclon island, I think they will average more males than females. 18. Q. When von strike the seals on the coast about 40 or ')0 miles from siiore, do you find a large proportion of them sleeping':' — ^1. They are generally sleeping. The Indians get none but sleeping seals. I have never heen working wilii Whites. 19. (J. The natives approach the seals very close? — A. Yes ; and he comes to the leeward of them, and if there is any sea on they get into the trough of tlu? sea and make no noise. If he went to windward the seal would .jent him, and get awav. 20. Q. Wlienhegetselo.se enough he throws his spear, and seldom :ni. ses i" — A. Yes ; he don't miss one in ten. '21. Q. And when once his spear is fastened, the seal never gets away;' — A. No. 22. Q. If an Inrlian loses more than what you .say, he would not be a j'oo.l hunter?— .(4. No good at all. It would not pay to " pack" him. 23. Q. i)o the Indians ever s.noot ? — A. Sometimes. They never shoot if the seal is sleeping. ...... II I 184 l!< ■«fr If' m 24. Q. Ones that percentage of loss apply to the sleeping seals only] — Yes. Q. You mean by "loss ' — what? — A. Hy sinking. Q. If the seal is wounded so it gets away, you don't consider it lost? — 26. A. No. 27. Q. If speared and wounded, and scurried ofT, you don't consider it lost? — A. 01), no ; not lost. 2S. Q. The Indian hunter is very dose to the quarry, and rarely misses his aim ?—A. Well, he will get within 25 or ;^0 yards of it. 29. Q. Have you noticed any marked iliH'ercnco in the manner in which the females tarryini: young travel as comjiarcd with the males i* — A. The only difTerence I could sec is that they will travi-l very fust for a little distance, and then turn up and rest. 30. Q. I mean, ilo they sink their hodies more? — ,-1. No; they do not. 31. Q. Do you think the female is more shy than the male, that is tiiose "with young";' — A. No. I think they are not any more shy. The female is always inclined to be sleepy. The male is always on the watch, and will rise till his head and shoulders are out of the water. 32. Q. One hunter has said that the female lies deep in the water, exposing only a portion of her head- — A. I ha\e never noticed that. When lying asleep one-iialf of the head is under water. 33. Q. Then you will say that the percentage of loss of the Indian hunters is not more than how many in the hundred r-^^. Not more than one in ten ; not more than 10 per cent. 34. Q. You say you never hunted with white men until this year? — A. No. 3o. Q. If any person made a statement that there is a greater amount of loss than v.hat you say, you would not regard it as correct? — ..-1. I would say it was not correct, with Indian hunters. 3tJ. Q. Your statement is based upon actual experience? — A. Yes. 37. C^. Ii^ going down the coast in the spring, in February, March, and .\pril, have you noticed that females are more plentiful than in the following months ? — A. I do not think they are. .38. Q. Hut as they come from the soutii, you think they arc not? — A. Between January and .lune, and between the south and the Sluimigan Islands, have you noticed any time or |)laee where there were any more females killed than others? — A. I think in .May, I have noticed one thing: vou will not find, take one in ninety, you will never (ind a female pup. Where the female young go to is something that the Commissioners ought to have found out hefore tliev came down from the sea. 30. Q. It has been slated that the Indians say there is no sucli thing as a i'emaie grey Jjupr — A. 1 iiave never seen one yet, and cannot account foi- il, unless the females go one way and the males another. -10. Q. .\mong ail yearling grey i)ups, there has never been any one known to have found a female? — A. Yes, it is a fact. I have heard a great deal of talk of females h.aving voung on tlie kel|). too, l)ut 1 don't think that is so. Some hunters report of seeing pu|)s otf .Middietoirs Inland, but I think tiiat is impossible. II. Q. llave\,)u ever seen t!iem cut a pup out of tiie female seal ? — .1. Yes; and 1 iiave seen the pup so cut out walk or move about the deck of the vessel, and I have tried to raise it. I have also thrown it into the water, and have seen it swim about like a young do^ ; 1 have seen it keep alloat for lifteen minutes, as long as the vessel was within sight. On the islands, the mother seal will take the young and force them into the water to teach them to swim. They will never take the water freely themselves for from six weeks to two months. 42. Q. You think tliev will swim .'><> vards probably, or 1(M» yards ? — ./. Yes; but don't think the\ could live continually in tiie water if they were born in it. 43. Q. When you strike the seals on the west coast, what would you say was the usual distance per day that the seals travel? — A. That is impossii)le to say ; it depends upon their food. 44. Q. That is, they linger longer over good food than otherwise? — A. Yes; I remember in, I tiiink, IHS^*, where an Indian threw his spear at a seal, and his line broke, it was near the Sliumigan Islands, and he took the same seal the next day — NSC lay-to all night — an seals leave Uehrino's Sea ? — A. To the best ol' mv knowled^;c, about the middle of October. 71^. Q. Is it the accepted idea tliat thos(> seals which lcavi> lichi'in<;'s Sea in th« tall arc the same tiiat return in the sprini;' ':— .1. 'I'hat is my opinion. 7!). Q. You hav(> never heard at any lime any inducement ever oU'ercd by a captain or sailor from Victoria to ship men or to |)erlbriu any \vork with the intention of raiding; those islands': — A. Xot from a Canadian vessel. >(). Q. it is a fact that every ship-ow ner and master of Canadian \(>ssels has deprecated the raiding' of the islands, that is, have never af^^reed witli it ? - .(. They do not agree with it at all. i'lvery one I have spoken to are \crv well satisfied to po into t!u- sea and t;ct iheir catch lei;-itiniately. i*"!. Q. ^'(lu thiidx there is ample field lor iiuntins;' seals without raid ini;' the islands ': — A. Yes, I do. Mi. Q. Is it vour opinion, Captain Laini;', that with the increased number- of schooners here and in San Krancisco, there will be any material injury to the scaliiif'' industry V — .!. 1 do not ihink so. S.H. IJ. friini observations made last year, you arc (piitc of the opinion that the seals were more plentiful than you had ever seen them before > — A. They were more lileiitifiil last year, iMll, than the year before, l.s'.»0. s). Q. Is there any way you can account for that > — A. None whatever, unless it is the same as with an\' species of iisli ; sonic years vou i;et more than oiliers. Tliere is no accounting;' lor it. "»."). (J. Ueferrini;' to the number ol female s caught in the s|)rini;'. there arc cpiite a nuinlier of the female seals barren, or have never borne youn^' .- ^ on have noticed it > — A. Yes ; some are barren that have had youiii;, and others that have not boriu'. "•(j. Q. \\\\v\\ you speak ol the projiortion of females killed, you mean the barren cows as well as those that are bearint; youn;; r — .(. Yes. "•7. Q. Ilavi' you formed anv idea of tlie <;("neral .ixerau'c or perci'iita^e of females carrying' young killed in April and Ma\ > — .1. I could not form any idea. KS. Q. Sor of barren Cows 'r — A. N(>, Sir. 8!l, Q. Would you ha'/.ard a statement that all th<' lemales. both Ix-ariiig and b.-irren cows, were certainly less than the male seals tak(Mi .' — .1. Yes; c<'rlainly less ill number. '.111. Q. If any oiii- \\i>rc to iiiak(> the iiold st.itcme"! that for every male scd killed there i> a female killed, would it be eorrect ': — .1. That would not be correct. '.M. (J. You ha\e not iieard an\ estimate of the piM'cenlag'(! ol barren females as compand wiili the hearing cows kilhd?-./. There are less of the barren cows killi'd in till- spring than there are in the fill. 1 don't think that they i;i) as far soutii as the cows that liear young. 02. Q. You sa\ tlial in Heliri /s Se.a tli(> males pre|)onderate ': — .1. N'es. 1!.?. (J. You cannot account for tliis. \ou sa\, except it be th;it the females arc all ashore beaiing young r—,/, The males we gel in tli(> sea are all -i- or l-year-olds, which ill' old wigs would noi let ashore at all. ;•■!. Q. .Xre there any " rookcrii's " along the coast of any extent 'i" — .J. I have never heard of one this side of the Shumigan Islands. H5. Q. Year alter year, hunting tlier. do vou find them travelling along the same course'' — .1. Yes, where their food is, from l.'i to '^>'i miles out. 9(i. <^. ^'our opinion is that the pe'rcentage of loss as compared with those hit would not exceed 10 per cent, with Indian linntcrs'r — A. I low do you mean lost ? 117. Q. You say a seal hit and not killed is not lost if it esca|M's r — A. Yes. !'H. Q. Then tiie proportion of loss in j)roportion to those killed is about how much — 10 per cent'r — //. It sivil )i reet. ales as eoUH as far irs are ii-olds, have Mii;- I he li those u nu'an 'es. ul how what is 101. (I If sneh ;i ihinj;- !i;ul been attempted, it v.onid, as a matter of i'aet, iiave leaked out r — A. Ves ; it stands to reason the er.nvs would have been unable to keep it to themselves. 102. (J. Tli(\v would tell it either to their associates on hoard or alter ^-etting ashore i—A. They eould not keep it. in;{. Q. After the hunters t;et aboard at night, they usually recount whether they lost any .seals, and in speaking of their loss, it would mean those seals that would sink, not those that eseape:— .1. If tluiy lost :uu , they would not tell it at all, but if they suid\ any, they would speak of it. 101. Q. Vou are at present a ship-owner, Captain Laing r — A. Yes. 105. Q. Vou have had great opportunities of hearing from all sourees matter relative to the seal lishing?— .1. Ye.s. lOfl. Has it bren nolieed that the skins taken last year in the Hehring's Sea were smaller Ihan usual ': — A. About the same general si/.e. 107. is any dilferenec. 111. Q. The "grey pup" of this year will be a "brown pup" ne.\t year? — A. Vcs ; a " 2-year-old " or " brown pup." 1 12. Q. Do the hunters usually h)llow the grey pups with the same zeal as they do the other seals? — J. They eaift tell the ditl'erence till thev are actuallv "on top of them." IKi. (J. And they are apt to shoot little as well as big ? — A. Yes; everything they come across. 114. IJ. Were the Indian hunters more successful last year than \V'/:tes? — A. No, the\ were not. It was a " stand oil" between them. The oidy dilfcrence is that the Whites wdl risk more than the Indians. llj. Q. The expensive wages, cost of outtitting schooners, considered, don't you thiid\ th.it ~\ dolLirs per skin a high tigun- for hunters? — A. It is. IKi. Q How many lioats doe> the averatie schooner carry ? — A. About six and the stern l)oat. 117. Q. And each boat t.ikes three white men? — A. Ves, ;i hunter, a boat- puller, .and a boat-steerer. \IH. Q. The shi|> tuiuishes the boat.fguns, and outfit? — A. Ves, the whole outfit of guns, ammunition, |)rovisions, wages for the two men, and pays the hunter so much per skin. ll'.l. (J. At the present, time, how much per skin ? — .1. .'? to •} dollars. 120. Q. With Indian crews? — J, They furnish their own canoe, spears, and outfit; oiu- Indian steers; but the vessel finds them in provisions only. The last two or three seasons some vessels have supplied guns and a;nmu!iition. 121. Q. Does the Indi.an get I . Is the Indian lazy, or does he seera an.\ious (o proceed in the hunt from [.672J 2 B 2 188 day to day? — A. In fine weather, yes, but when the sea is "choppy" he would usually rather stay aboard. 126. Q. His canoe is not quite so strong as the scaling-boat ? — A. No, not quite. 127. y. Have tliere boon many acciilents among the Indians — loss of life? — A. Not since, 1 think, 1SS7, when a schooner foundered with all aboard. 128. Q. Do vo\i think that as the years pass along the Indians, as well as the Whites, j;et more expert in seal-huntinfj ? — A. Yes, they do. 129. Q, Notwithstanding all ttie ships in the fleet on the ocean, you would adhere to voiir statement that you don't think there is any noticeable decrease in the number of seals? — A. Yes; 1 do not think so. If the vessels had been let alone in Heiiriiig's Sea last year, we would have had a bigger catch than any previous yenr. 130. Q. Do you think. Captain Laing, if tiiey would cease killing seals in the Pribvlufl' Islands it would increase the number of seals on the coast ? — A, I think it would. 131. Q. If the rookeries were undisturbed by anything, you think the seals would be irore plentiful? — .(. I do. \?)1. (i. Have you any opinion to offer as to killing seals on the islands doing more harm than anything else ? — A. I think tiie American people are doing more liarm by killing seals and interfering with them on their rookeries or seal islands tiian we liniitcrs do on tlie c.)ast. \'.\?>. Q. Von have never heard of any rookery along the coast? — A. I never heard of one. '['here is a rookery of sea lion ofl' Queen Charlotte Island, but I never he.ird of anv of seals. (Signed) Sworn before me, tliis 25th day of January, a.d. 1892. (Signed) A. H. M'LNE, ColleciGr of Customs. A. D. LAING. II January 25, 1892. William Co\, present master of the schooner "Sapphire," of Victoria, called and examined by Collector Milne : — 1. Q. You are engaged in the sealing business, C'aptain Cox? — A. Yes, 1 have been master of the sealing schooner "Sap|)hirc" for the last four years. 2. Q. How many boats do you carry in your outfit ? — A. I carry canoes and an Indian crew. .'5. Q. With the exception of how many white men to navigate? — A. Seven wiiite people I carry for navigating the vessel. 4. Q. Thenumbei of liuiiansy — A. The last two years I have had twenty-eiyht north to Hchring's Sea. 5. Q. And liow many canoes? — A. Fourteen canoes. 0. Q. Had you more canoes on the coast? — A. Yes, I have had twcnty-four canoes while on the <'oast. 7. V When you finally leave for Hchring's Sea, you drop a number of the Indians, and oidy take about fourteen canoes with you ? — A. Yes. ¥. Q. Do you prefer Indian crews to white men? — Yes, 1 do. y. Q. What arc y()ur reasons for the |)reference? — A. Well, I get along better witli them for one thing; there is more honour among them than among the average white crew in this business. 'I'hey don't make an agreement to-day, and break it to-morrow if they see a chance to make a little more. 10. And they don't (piarrel among themselves 'i* — A, No; and you can generally trust them more. 11. Q. They are more profitable too, are they not ? — Yes, a little more. 12. Q. 'I'hev furnish their own canoes? — A. Yes, and s|)ears and boatmen; and it is not such a heavy outfit, but their canoes are light and easily broken by the heavy seas. 13. Q. Tiiey are better then aboard a large vessel ? — A. Yes, but you have to be very carefid — the canoes are "dug-outs" an(7 easily shattered. 14. Q. Apart from getting along easier with the Indians, the experience is 189 just about the same as with a white crew ? — A. Yes, the sitins cost about the same in the end. 15. Q. Do the Indian crews venture out during the stormy weather as much as the white men ? — A. Yes, almost as freely. I have had the same crew so long now that they will do anything I wish them to do. 16. Q. Do you take thorn down the coast ?—i4. Yes, and up the coast and on into Behring's Sea. 17. Q. They spear all their seals? — A. The greater number of them, yes, but sometimes shoot ; they spear all the " sleepers." 18. Q. What proportion do you think they shoot? — A. They shoot, probably, twenty out of the hundred; but I think now the fleet is getting so large there are more wake seals, that consequently they did more more shooting with me last year than ever before. They never slioot a sleeping seal. 19. Q. Do you think the seals are getting more shy on account of the larger fleet of vessels ? — A. Yes, they are much more shy. 20. Q. Do the Indians approach the seals from leeward? — A. No; the Indian always goes "across on the wind;" he pulls up almost in range of it, and goes across the wind. They have a sort of idea that the seal sleeps with one eve open, hence the way they approach. 21. Q. When they heave the spear, the barb holds fast ?— .'J. Yes; if they strike the seal at all, they cannot lose it. 22. Q. Therefore the percentage of seals killed by Indians and lost would be very small? — A. I would really count it nothing. If they did lose one by the spear pulling out of the blubber it would not kill the seal, as it heals so quickly again. 23. Q. The barb holds them, and they have no chance to sink ? — A. Yes. 24. Q. Therefore the percentage of loss is nothing ? — A. I would not reckon it anything. 25. Q. The loss they make is only when firing at a travelling seal? — A. Yes. 26. Q. And that loss would be by the animal escaping? — A. Yes. 27. Q. You would not consider it lost, then ? — A. No. If not hit in a vital part it is not lost, for the Indian (ires at a close range, and there are two in a boat, and almost sure of it before the shot is fired, because they can't sink far before they are right on to it. 28. Q. So the percentage of the seals lost by Indian hunters, " sleeping " and not "travellinp, would be how much? — A. With sleejiing seals there is no loss. In travelling Is there are none lost, only in escaping. Last year I saw a great number of seal )rought in that hafl been shot before. 29. Q. Fr(.in personal knowledge and observation, you are satisfied that a flesh- wound made in the seal would heal rapidly and not injure the seal? — A. Yes; the shot seems to strike in the fatty |iarts or blubber, and does not seem to hurt the animal, as it closes over and soon heals. 30. Q. In the months of February, .March, and .\pril, have you seen a marked number of female seals bearing young killed? — A. Yes; in winter there are a number. 31. Q. Does that mean " barren " cows '•'—.^. No; on the coast we get them "with young." I ha-- "ot seen many "barren cows" out here in winter. 32. Q. During tiic months of February, .March, and April, what would you say was the proportion of males to females? — A. I have only done one winter's sealing, and that winter they svonid bo fully ono-half females during February ai\d March. 33. Q. That is, there would be as many females as bulls and grey pups? — A. Yes ; I have never seen a female grey i)up on the coast. That is a yearling grey female seal; that is corroborated by the Indians. All the yearlings seen by me have been males. 34. Q. That's well known, you say, by the Ind. :\s 1—A. Oh, yes. They remark this. 38. Q. But there is a larger number of males killed than females in April, May, and June ? A. Yes ; In those throe months we get a larger number of ni.ilos ; bidls from 3 to 4 vears old ; all about the same size. 39. Q. Your opinion is that the females, after the month of .May, hasten on to the Behring's Sea ? — A. Yes. 40. Q. Now, from the beginning of the sealing season, when you start out this 190 timo of year (January), (ill the time you enter HehrinLj's Sea, what is your opinion as to tlie |ierecntai;e ol" female seals, ineluiiiii;;- lioth liearint;- anil liairen eows, killed? \\ hat would be the proportion of female seals, ineludinj;' both beaiing and i)arren cous, killed ■' What would be the pro|)ortion of leinales as eonipared with the bulls': — .1. Ri^lit uj) to the Sliumii;-an Islands r 41. Q. Ves. Would it be (K) per eent., or 70 per cent., or what .' — .1. Ves, I tliiidv it would be about G") or 7(t jier cent, ol in;de>. ;iiid thi' remainder mixed cows — bearinj;- and barren eows. ■VJ. IJ. AI)oul what |)ereentai;e of barren eowsi-— .(. I thiid\ about eipially divided : about IT) per eent. of i)arren anver iieard of one. 47. Q. If sueh a thini;' had been done or attempted it would be sure to be known amont;- sealers?— J. Yes; it would be impossible to keep it a secret. 4S, (j. Is it youi- opinion that our shi|>-ouners and nuiNters h.ave done every- tliini; they eould possibly do to discourage anything of that kiml .' — A. Ves; exery thing. 4'.». Q. What lias been the general distance you have scaled — the distance from the seal islands': — A. I'rcnn 100 to llo miles. I was within SO miles of dicm last year; that was the nearest I was to them. 50. Q. Of course Nour men on board would, if tiiey had ever been engaged in such raiding of the islands, certain!} have told their iellows ': — A. Yes, it would soon have become known. .')1. Q. It is well kiiown to all sealers that certain schooners have raided those islands'; — A. Yes, during l^sy and is. Q. \\y whom.'—.!. Tiie Dritish steamer '• Porpoise." olt. Q. On being ordered out of the Sea, you immmliatc'ly conijilied :' — A. Yes ; I came right away. 00. Q. Did you lower your boats afterwards 'i* — A. 1 did not. 1 came right out of the Sea. (il. (J. What month was tiiat'r — .1. Olh August. 'i2. (J. Had vou not been ordered out, were voij in good hunting ground?— A. Oh, yes. (j'-\. Q, Were the seals plentiful at the lime you were warned ; that is, as |ilentiiul as^you had previouslv seen theni'i' — .1. ' es ; just as thick as ever. (14. Q. SVhat was your catch uj) to the ti.ae you were warned out? — A. 2,434 in Hehring's Sea. 0.'). Q. What was vour coast catch? — A. 1,()()8 on the coast, and '2,4.'H in the Sea. (id. Q. Hud you been unmolested for another thirty days your chances were good for ji hu-iro catcli ? — A. Yos ; onr clmnccs wore gjood for quito doubling our catch. r>7. . Q. Did you hear the story oi their going, with three boats of the "Webster" and ''City of San nies;o " in a crowd, landing at a passage between the rocks and the mainl.ind of the island, and standing there, wdiere the water was swift, and shootinc,' the seals as they |)assed lhroui;-|i? — A. Yes; but thev lost a great many. '1 he captain of the "San Diego" said that they did'nt get one-tenth of what thev shot. 71'). Q. ll is the prevailing opinion among the sealers that the "J. Hamilton Lewis ■ was seized for landint;- on the islands r — A. Yes; the Russians had been watching her. She was seized for actuallv raidim; the islands. 77. (,K You didn't <;•() to (he Copnei- Island side at all r — A. 1 did not. 7!*. Q. In le;n ing Hehi'ing's Sea. where did you come out through r — A. Throusjh the four Mountain Pass. "'.>. Q. After \()u h.id been warned out, did you spina's anv other cutter? — A. I did not. ^'O. Q. Did you see any seals from the time you were warned out till the time y(ni came through the pass r — .1. They were just as thick as ever within 40 miles of the Four Mountain Pass. ^Ve wer'j two days sailing through them. It grieved us very much, I can tell you, to sail through seals and couldn't touch them. SI. Q. The Pour .Mountain Pass is about what longitude V — A. " 17'i Pass" we call it. H'J. Q. 15ut you say (here were pl(>nty of seals from the time you were warned up t(j within -40 nulos oi'this jiass'r — .1. ^Cs ; just as thick as where we had left. .^.'?. (j. Will you state iti direct evidence, as though in Court, that, as far as vour knowle(l