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Lorsque le document est trop grand pour 6tre reproduit en un seul clichA. il est filmi A partir de Tangle supirieur gauche, de gauche A droite, et de haut en bas. en prenant le nombre d'images ntcessaire. Les diagrammes suivants illustrent la mithode. 1 2 3 32X 1 2 3 4 5 6 SQPRE UNI ri:D STATES. No. 4 (1S<.»7). CORRESPONDENCE WITU THE UNITED STATES' GOVERNMENT RESPECTING THE SEAL FISHERIES IN BEHRING SEA. Presented to both Houses of Parliament by Command of Her Majesty. September 1897. LONDON; PRINTED FOR HER MAJESTY'S STATIONERY OFFICE BY HARRISON AND SONS, ST. MARTIN'S LANB, PMNTIk* Ilf OKDIHAar TO Ria MAfUTT. And to be pnrchued either directlj nr through any BookMllcr, froa EYRE AND 8POTTISWOODE. Eaiit HAknixo Staeit, Plcit Stuit, E.G., and 38, Abirodon Stke«t, WtiTMiNina, 8.W, i o> JOHN MENZIE8 & Co., 12, Hanotik SrmiiT, EoiNUDBas, ah» 90, Win Nile Stbbbt, Qlaisow) ob HODGEH, FIGGIS, & Co., Limited, 104, 0>ArroH araEBT, I obiih [0.— 8662.J Price Is. 2d. &'*■ lIMMWyilMiil ~^^^■ ^150-3^. TABLE OF CONTENTS. Nu. N:ui n.itp. StllJJKCT. \'i>ve 1 Sir J. I'aciiin f'olc .I.ii.. 18, 1895 3 Colonial Office 4 To Colonial Oflic 5 Colonial Office 94, Mar. 19, Apr. 10, .Mav € : To Sir .1. Panncefote , Telegraphic 7 Sir J. I'auncefote . . f . j » S .■ -. - . t 8 ! To Sir J. I'amicefote. . Telegraphic 10 !1 II Ti'legraiiliic 1 1 I Sir J. raiiiicot'olc 12 13 14 t> •» • • 11. 17, Pelegraphic • • • • '::?• ''i"y;;..;[63l^" 17. 18. t4. 2S. 21. 21. Keirtilations L'uvprniti? vessels eiuplovoii in llie fur-seal fishing. Transmits those approved hv the Secretary of the I'niled Stales' Treasury. Sir J. I'anncef'ote's draft of special liegiilatioiis for the |)ri)lection of scaling- vessels from unnecessary interference, and Mr. Carlisle's revised liegnlalions Working of Award licgidations. Transmits 1 ni.te from United Stales' Secretary of State ' proposing ap|>iiii}tment of International Com- j mission and miiditu vivendi. under which sealing would be suspended and the Itegnla- j tions extended tj the whole of th(^ Pacific Ocean north of l.'ititude 33' iiorih ,.| Sealing-np of arms, &c., on board scaling- ' vessels. If Agreement is to be renewed, | some clear advantage should be otTercd to i masters of vessels ,, .. .,, Suggests that Her M.njesty's Government \ should decline to renew the arrangement '• relative to the sealing-up of arms , . \ Concurs in suggestion made in No. 4 . j Her Majesty's Government liave decided not I to renew the Agrecineut for seallng-up | arms .. .. .,, Award liegulations. Purther propo.sal from i United States' Government (see Xo. '1) Working of ,\ward Uegnlations (.see No. 2). j Cannot agree that Regulations have failed. ; I lor Majesty's Government are unable to j accept mvdui vivendi. Objections to pro- ! posed Commission. Suggested appointment i of .Agents . . .. . . j Snggosted appointment of .Agents to reside cm the seal islands. .Mr. Gresham's immediate attention should he cal'ed to the proposal . . Awaril Uegnhitious (see No. S). Dlijcclions to United States' proposals Inspection of' skins is not acceptable . . . . Award Regulations. Has addrcs.ied note to United Slates' Government (see No. 8) . .' Sealing-up of arms (sec No. 11), Transmits note from tjniteil States' Ciovernment accept- ing deci'ion of Her .M.ajesty's Government with regret, and requesting liiitish Naval Officers may continue sealing-up ol arms in United Stales' vessels. His reply thereto. Stateuiciits in United States' press .Vwnrd liegnlalions (see No. 2). Transmits note frcini United States' Government pro- posing to suspend pelagic scaling peniling negotiations for extcnsi.in ol' protoclive area; a madut virendi ; a Joint Commission; and amendment of Regulations ., ., 13 Sealing-up of arms. Transmits nott' to United I States' Government in tlie sense of instruc- I tions in No. 6 . , ., . . | IS It 14 IS TABLE OF CONTENTS. Ill No. Nnmo. Date. 15 To Lor.l Goiigli Paye 16 17 Lord Goujili Telegraphic June 17,1895 12. 18 19 SO 17, 11 »» • •I • • 2s, 1 rp'fide (111 I irnmediiite I roDosiil ., I 12 13 21 22 23 24 U 14 IS 27 2» To Lord Gough ., Jiilr 4, 2'-', »• M »» »» •• I* »» Lord Oough 23, Aug. IG, , , I'elegraphio | 29, • ■• m. , Sept. 7, Sir J. Pauncefote ,. j Telecraphic Lord (idiiuli To Sir .1. Pauni.efole 23, 13, 27. Si nJU'T. I'affO bealiii):-up <.f arms uii United Statea' vvstelt i by Hiitish Naval Otficin (*<■« No. 13). | Consent ot' MiT .Mnjesly'!" (Jovernment to i ruiuiiuiance nf . . , , . . i '23 Sealiii^'iip of arms (>pt' No. );".). Transiiiitt note (roin Initi'il States' (icvermuent .e- prettins delay in nolilyii't' ritii»al of Hit .Majcslv's Gosernmi nt tu contiinie. Iteasons wliv Uniti d States' f •jvcrDinent tlioupiit arianjienient «as sure to lie made, . Seiznre ot' lirilisii sraler " Shelby. " Trans- mits note from United States' (iovernnient reportinir, and askinjr consent i.f Her .Ma- jesty's Government, to representation of United States' OovernmenI by Counsel at the trial .. Appointment of resident Acenls (see No. S). Transmits note from United St.ites" Govern. j meni rontaiiiini^ new proposal Iiiadcquacv of liriiisii patrol. Transmits note from United Stales' Covernmeni. asking for 1 ■ more efficient ro-operatiiin. and reijucstinj^ I early reply to No?. 14 and 17 Sealinir-u]) of arms (see No. ^i'>). Inference 1 draun by United Slates' liorernment Iroin I identity of Ir-;)4 ami 18U.) Orders in C. :>o). Ilistnutitns to .nform United Mtaivs' Government that Uritisii uHico-s will not take over any vessel seized Iv United Slates' cruiser except for a eoiilraventiou of a Uritish .Act ol Parliani' nt .. 23 25 26 30 3i 32 33 35 3C "Wanderer" and " ravourite. " Seizures of. lias read to Secretary ol State No. '.V2 .. ! ,16 : Seizure of ■■ Shelby" (see No. 2.>). Counsel I representing' United Slate.-' (iovernnient would make sui^pestions to llritish (iovern- nifiit Counsel. .'Similar courtesy would be ' e.\teiideil to Counsel representing tirrat Hritaiu in United Stales' Cnirts .. 36 3e :;s iv TABLE OK COXTESJS. \:-' (■ Nci Nime. Dote S-JBJKCT. 39 Sir J. Pauncefotc 30 ?1 83 Sept. 24, 1895 >» >» ; i S3 To Sir J. Pauncefote Oc(. 17, Rxaniinntinn of sii'al skins l>v United States' InspiTlnrs in Iirili«li ("iiliinibian ports. 'I'rjii^iiiits iiDlf to l"nitoit States' Govcrii- niiiii cxplaiii'np tliat Her Majesty's OoTern- nieiit have alrradv dpclincii ilie propnsnl (see N". 10) .. " Seizures of ■ Wanderer ' ami ' Favourite." Transmits replv of Unileil States' (invern- nient to No. 2'.', adverse to the validitv of the elainis Page Feb. 11, 1896 I Nursiiifr female seals iiilled at sea. Transmits rnte from United States' (lovernment asking ' lliHl a record njay be kepi . . . , 21, Sir J. Pauncefote 34 35 36 37 M 39 !• >l l» ,) •« •> »• To Sir J. Pauncefote.. Mr. Bayard 27, Telegraphic 40 Sir J. Pauncefote . . Telegraphic 41 43 >» i> Mar. 12, 23, Apr. 3, Telegraphic 17, 18, 22, 14, 30, SeaniiinL' ;ind seiiinsr of British s.alers by United States' crnisers withont sutllcient cause. Transmits letter and papers from Collector of (Customs, Victoria, eonjplaininjr of. Instructions to address note to United States' floverninent asking that orders may he issued to ]>revenl . , . , Hevision of liegnlations and nwiius rivenJi. Transmits text of Kill authorizinir President to negotiate with Powers concerned, and Keport of Committee of Ways and .Vteans. If tnodus Vivendi not concluded and adequate Hegnlations imt put into force for 1S96, authority to be given for killing all seals on the island* . . . , Transmits note from United Stales' Uovernment requesting immediate revision of Regula- tions 5 .■ Unnecessary interference of United States' cruisers with Dritish sealers. Transinils note to United Siales' Government in accordance with No. 32 Unnecessary interference of United .Stales' cruisers with British sealers. Complaints in No. 32 nil; he considered by United States' Government . . Revision of liegnlations. Diniinutron of seal herd not shown to be due to pelanic sealing. Extermination not imniinent. To ask for facilities for British ami Canadian Agents to conduct investigations on islands (see No Hi) Amplities No. 37 E.xlens'on of Paris Awanl. Has been in- structed to co-operate willi liussian Ambas- sador in negotiations for extension of protec- tive area Investigation on islands. No. 38 communi- cated to United .Stales' (ioverninent, who wish liritisli .\gents lo confer with 'I'reasury officials at Washington on their 38 39 41 42 4'.) 53 54 36 .57 58 Facilities will be granted to lirilish naturalists. Company «ill he asked by Unitefl States' Government to provide transport (see I i No. 37) .. .. .. ..I 59 Unnecessary interference with British sealers. Reply of United States* (jovcrnment to No. .''2. Cases of " Webster" and " W. Ains- worlh " will be investigated. Reference to United Stales' Proclamation or Acts will be omitted In form of clearance 59 61 TAULE OF CONTENTS. Page ('(1 Sluti's' an ports. Go»crii- 's GOTOIII- iiposnl (sec 38 ■avoiirile." i" (ioverii- valiiiitv ul . il9 Transmits No. 41 42 4!) 53 54 i>6 36 .1? 58 59 45 46 47 4H 49 50 59 61 51 62 .53 54 55 56 67 58 Nnmc. Sir .1. P.iiincefnte I 44 I To Sir .1. I'aunci'fotc. I)3te. SlJBJKCT. I'»lf Sir ,1. r.unicefotc To Mr. Uav.iril To Sir J. Paiincefote. Sir .1, Pduncefote Mav 1, 1h;)6 Involiu'siion on i>lani!» Trannmils nolf from Mr. Olnry (n-f No. 42) .. «2 13, Telegtaphic To Sir J. Pauncefote. Colonial Office To Sir J. Pauncefote. Admiralty To Sir J. Pauncefote Sir J. Pauncefote Colonial Office Sir J. Tauncefole 14, IC, 6, 8, 21, 23, 28, June 15, 24, 30, Julv 6, 30, 24, Presence of United State*' Counnel at trial* of Uritisli -ealcr^ nf No. 26) Her Mnjintv's (loverimient avree to Cmiinel makin^r sngjiestions. If United .States' (iovernment »o«l 1 enter into acrecment to satisfy judj;- iiienl of Court in c.ise of wioncful siiziire, lliev niiijlit take an active part in tlie con- duct of proceeding!. Su)rpeetion ai to appointment of International Court Ke\'ision of Ue|;u1ations. iJaa addressed note I to United States' (iuvernuient in sense of No. 38 j Kxtension of Paris Award l{ef;ulalion«. Pcud- I ing report from A(>enls, Iler Maji's;y"« Oovernuicnt cannot enter into ne({oliationa , . ' Visit of Naluralisis («ei' No. 42). Tliey will be instructed to go via Wusliington Unnecessary interference with Ilriti^h sealers i (>ec No. 35). Transmits note for United j States' Government, .\merican Naval Officers deny charge of having failed to seize two American sealers Revision of Regulations. Transmits note from United States' (iovernment. Secretary of Treasury challenges aicnrary of statementi in No. 3"8 . . Unnecessary interference with British sealers. Her .Majesty'* (iovernment do not consider that reply of United States' (icverniueiit in No. 41 re:noves adverse impression. Her Majesty's (iovernment trust that right of 6(aipli will he exercised with discrimination. . 62 63 63 64 04 04 No. 54, and iiistrucl^ States' Govornmeut to intorni I'nited Fire-arn)s. Mas addressed note to United ' States' (iovernment in seii,se of No. 52. ' Transmits their reply suggesting further arrangements.. .Arransenients respecting firearm.', :.nd pro- posed inspection of skins by United States' nflicers. Kemarka ou No. 56 65 Fire-arms, &c. Arraiigeim nt- made tu insure that no arms should l)e carried . . . . 66 Fire-arms, &c. Transmjts No. 51, .ind in- structs to inform United States' (iovernment of arrangements .. .. .. 71 Alleged decrease of number of seals owing to pelagic scaling. Explanations in reply to ; No. 40 .. .. .. ..| 72 Movenunts nf Hritish patrol sliips. Transmits ! Heport fri'm liritish Admiral, explaining i reasons foi arrangements in \>i9'>. Three' ships will patrol in luftti, and more cruising will he done . . . . . . ..72 Movements of llrilish patrol ships. Transmits j 74 75 PreaiDce of United States' Counsel at trial* of Hritish scales. Transmits reply of United States' (iovernment to No. 44. Proposal will he considered .. .. . . i 77 »*^ ■.iu'1.1 .u'l ^ji'^ mmmmmmm Ti TABLE OP CONTENTS. No. Namp. Dale. 69 1 To l.iiril Guugii , . IVlpgraphic CO Lord Gou.'li 61 (.'ilonial Onice C'2 'In Lord {jOii''1i £3 I Lord Cioii-h IVU'graphic Aug. 3, 1896 7, Si njEc r. 18, 64 63 66 I'o Lord Gou'.'li Lord Oough »> t» S7 I To Sir J. I'iuiiicerotc, , i . \ 68 ; Sir J. I';iuiiccfoto .. i I I 69 'I'o I-vr .1 Panncefoto.. I 70 Sir J. Pauiicefiitc t 7) ' To Sir J. I'nuncL'fote . 72 f» It •• 73 Sir .L P.iiiiicofole j Sept. 1, All''. -26, ' S'pt. 0, 21, Oct. 14, Nov. 14, Firi'-armt, and Inspection of skins (sec No. 56). Her Majesty's CJ(.verr.nieni cannot enter into propn«ed nrrnnnements. Fiirllier reply will lie fent fsee No. G4) .. .. ,, I ire-aruis and iiispecliun of tkins, C'iiiiadian Government wish final decision to lie post- poned until tlieir views liavc been considered Firo-nrms and inspection of skins. Transmits ti'le^irnm from Canadian Governnii iit. con- enrrin;; in proposed answer to No. iJU. Tlicy would affree to first portion of proposal with one alteration. . Fire-arms, Transmits extract from despatch from Admiral I'alliser reportinjr arrange- ments , . . . .. Fire-arms and inspection of skins (see No. 59). Transmits note to United States' Govern- ment, and tlieir reply Fire-arms and insjiertion of skins. Transmits No. 61. Views (if Her .Majesty's Govern- n-.cut Page I . -li 78 78 78 79 80 Fire-arms and iinpielion of skius. on instructions in No. C4 Has acted Do;. 17, I Telegraphic .Ian. 14. 181*7 2G, Mar Fire-arms and inspection of ^kins. Transmits note to United .States' (iovcrnment, and their ri ply. sugiicsling postponement of the ques- tion until the receipt of Dr. Jordan's Report See No. 6r. Ayre^s to United States' pro- posal to postpone discussion of the question. Itevision of Regulations is not contemplated at present Fiie-arms and inspection of skins. Transmits further note from United States' Govern- ment, askiiifr early attention to these ques- tions, and inclosmtf Treasury instructions | with regard to examination of skins .. ; Reply to above. Legislation would be required , in Canada for compulsory examination of j skins . . . . . . . . i Ueprcsentation of United States' (lovernment [ at trials of liritish vessels seized in Behring .Sen. .\n answer slioiihl be obtained as to the suu'aestion that each GnvernnH'Ut should ajireo to s.iti.-!v the jiidifment of the Court in ease of wrencful seizure, (f " Beatrice " Kefers to case 19. 'i3, Inspection of skin>. Mr. hhernnm asks for an answer . . . . .. ., ^lission of 13ri;ish .Agents. Note addressed tn .Mr. Shirman (see No. 71) 81 81 83 8:i 85 Inspection of skins at Columbian ports. Mr. Olney inquires when Canadian Government will be prepared to take action .. ..'86 Professor Thompson's Report will be furnished to United States' Government as soon as printed. No reason to fear early extermina- lion ot seals. Inslrnctiuns to ask for facili- ties for British Aqenis to revisit Pribylofif Islands this year 86 87 88 88 TABLE OF CONTKSTS. Vll Pagf No. 56). ntor into ri'])ly will • . -li Canadian be |i09t- Dnsiderc'd 78 Vanimits cut. con. t). Tliey Ofal with 78 despatch arrangc- • • 78 No. 59). Govcrn- • • 79 "ransinils Govi'rn- • • 80 las acted • • 81 'ransmits and their he ques- Jordan's •■ 81 lies" pro- question. i>m];latfd •• 83 "■ransmits Govern- Dso quos- tructions •• 8;l required nation of 85 rts. Mr. 1 vernment •• 86 furnished enon as Ktermina- ior f'acili- I'ribyloff •■ S6 vernmeni 1 Boliring led as to It should he Court s to case •• 87 ks lor an •• 88 addressed , , SS No. Naiie. Date. Mr. Wliito.. Tfi To Mr. White I .\|)r. 10. 1S97 li. 77 , Sir .1. I'auncefote . . Telcjiraphic H, '8 „ „ I I 79 80 To Sir J. I'auncefote. . Telegraphic . I 81 I .Sir .f. Pauncefote .. iTelcgraphie 82 j To Sir .1. Paur. - fote, . I 83 84 ?f »» •• )i » 85 Sir J. Pauncefote . . 86 If »t • • 87 To Sir J. Pauncefote.. jTelepraphic 88 I »1 15 . « 9, 1.1, ••il, 22, Telegraphic 28, .. Telegraphic 2S, 20, 20, May 1, 1, 89 j Sir J. Pauncpfoti . . |Telegraphic 3, I 1 90 To Sir J. Pauncefoie . .. >i iijt; T ,1'a?' SuL'tri'stii)!!* for a vti>il».t rivinii <*u«p*'nti.u_' iili killiii;: .it sraU in Ml'?, alwl tor a Ji'inl CoiilVrinre of the Powers corciri.ed. It woiiM \>i- f.iial to p(i«tpoiie revision ut Id- gulations till after IttlJti S'.l I. rcniniuiii.alioii wiU receive ininiedia'i' ler I'lmiinaleil In neiidliale .Mr. Slierii an -M<.-|.'esl» a C'o,;ferei.c'i', ami »Ub- pi'ii^ioii of sialini: ■ ■ • . •> t Transinu 'loti' from .Mr. Sliirm.in nrciiiR i siispen»ioii of all sealinc in 18S7 and a j"iiit Coiiferinee. Nn rej.ly icspectinir lliilish I Agents \ note in tlic -ense nf Xo. 79 received fmin .Mr. Wliitc. Instiiictidiis «ill be sent Profe.'snr riii)nip.*on'-. vi>it U> the Se.al l«laniis will be welcomed, and orders will at once be issued for laeilitiis to be given him . . Ilefers lo No. 75. Sends Professor Tlioinpson's Kcportwiili eominrnt> upon it. Dr. .lordan's Iteport lioes not warrant statement as lo I pro>|iective early extiiieUnn of seals. I'eiagic i ! sealing cannot be prohibited this \ear unless ; I compensation it given. Purther investi.'a- I tion necessary before the Hegulalions can be ' revised . , Professor Thonipson will be welcomed (see Xo. 81) Her .Majestj's Ciivernmi nt aij:ee lo sealing-np of arms on the applic.itioii of the master. Canadian tioverninent cannot concur in pro- posed inspection of skills by Inited Slates' ollieers (sec No. 73) ,, 90 91 yj 91 91 j Reply In No. 7!>. Further invrstijation is re- I quired before entering upon a Conference for revi«ioii of liegu'atioiis.. '.'5 Presumes facilities will be granted for .Mr. Macoun (see Xo. bl) .. .. 9C Professor 'I'hnmpson will remain in Unssian I Islands till towards end of July. Offers a passage in one of Iler Majesty's ships for Ijr. Jordan , . .. . . .96 United State-.' (ioverninent are not iti^posed to undertake prcecntions and satisfy judg- ments in case of wroiiofiil seizure. They are fully satisfied with privilege of watching casrs (see No. 72) ,, 97 97 98 S".iliiii;-iii' ol' .Trnis and inspcrtion of skins, i .Aniiihties X". ^7 Quotes case of " Kale. ' | Ivxati. illation would be of little use ,, | 98 ' pacilitiet will be giviMi to .Mr. .Mae(.un. OlTers passage in ii revenue vessel (see No s,i). It is not probable that Dr. Jordan will avail I himself of otfiT in Xo. 84 y'J 99 Vlll TAllLK OF CONTESTS. *15 No. 91 Sir ,1. l'.iiiii.Mfiile .. n 93 'J4 Mr. Slicrin.iii tc Mr. llnv (»5 To Sir .1. I'auncffole. . 96 Sir .1. Pauncefotf .. 97 ! S9 Date Subject. I',,gt- A|ir. -23, lsa7 .May 3, «. 10. TeiPgrapMc 100 10 1 , Mr. Tower. 102 i „ ,. 103 To Mr. Adam i04 Mr. Adam.. 103 Colonial Office 1C6 To Jlr. llav 107 To Mr. .Vdam ,, Telfgraplii 27, J8, 18. June 5. 9, 20, 30, July 5, 21, 16, 2G, 2S, 30, l'ro>\.'"«or Tlionipxm '» luovpim-nts ; tnrilities i for .Mr. Mai-onn ; otTrr of [mssa(.'e to Ur. Jordan. Trautniits nutu to .Mr. Slu'r- min ,. .. ,. Svt' No. !•!. Transmit!' Mr. Shi-rmaii'ii reply.. f nstruclitns in No. 82 have been can .ed out . . Reply to No. 82. Comments on i'rofessor , Tliiim;>son'9 Iteporl. Hefem to proceedings at the .A rliit ration in I'aris. IiidilTer*'iice of | liriti^h (iovernment to appeals fur prompt action; their mode of carryinj; out .Award, i Hopes tliey will consent to u Conference .. , British gun-boats for patrol in liehring Sea Instruction!! in No. 90 have been carried out .. Instructi( ns in No, 88 have been carried out .. i Instruetif u» sent to Pribylolf Islands for j facilities to be given to Profesfor Thuinpuun an.i .Mr. JIucoun .. .. ..| Sealing-up of arms and inspection of skins. I Transmits onte to Mr. Sherman and his reply, in which Uegulations for 1S97 are inclosed ; also a further note to Mr. Shcr- , man, asking whether proposal for sealing-up ^ of arms is acceptable . . . . . . ' Sealing-up of arms. Transmits M-. Sherman's ! counter-proposal, and the answer returned to ! him. . .1 .. , . ., Sealing-up of arms. British propcis:il is nut acceptable to United States' (ioveinment .. Patrol fleet. The President iiopes number of liritish vessels »ill be increased rather than reduced . . . . , . Patrol fleet, A third vessel will be sent Mr. Macoun. Has expressed thanks of Cana- dian Government fur facilities Observations upon .Mr. Sherman's despatch of 10th May Her Majesty's Government are willina: to agre.-! I to a meeting of British aiid United Stales' experts to endeavour to arrive at correct conclusions respecting the seals frequenting the PribUolf Islands .. . ..; Sealing-up of arms. British officers instructed to seal up urnis und ammunition of any British vessel which applies to them 102 102 103 104 III 111 111 112 112 116 lis 119 120 120 120 130 I 130 tarillties I assa^'e to i Mr. SluT- .. 102 11 a ri'plv. . !0'/ i.eil nut .. 103 Correspondenco with the United States' Goveinmeiit respecting the Seal F'isheries in Behrinjj; Sea. 104 111 111 111 112 112 I1& lis 1I» 120 120 120 130 130 i No. 1. jS'V J. Pauncrfote to the Earl of Kimberlei/, — {Receivrrf JmuLury 28.) My Lord, W- hirigton, Jnnuary 18, 1805. I ILAVE tho honour to report that, on tlic 15th ultimo, tho Secretary of Stnte transmitted to me in a copy of " Ilegulations approved hy tho Secretary "♦' tluj Treasury lor the frovei-nment of vessels that may he employed in fur-seal fishing in the season of 1895." On examining those Regulations I was inclined to think that they could iiardly have received the personal attention of the Secretary of the Treasury, and they wore certainly not in a form in which I could reasonably i)e expected to transmit them to your Lordship for tiic consideration of Jler Majesty's Government. I therefore arranged with Mr. Gresliam that I should discuss the matter jiersonally with the Secretary of the Treasury, as I did last year, Avith respect to the itegulatious for tho fishery season 18!M. I accordingly called on ^Mr. Carlisle at the Treasury, and pointed out to him that, so far as Great Britain Avas concerned, sufficient provision had been made by "The Bchring Sea Order in Council No. 2" (of the 2«th June, 18U1) to give eifect to Articles 4 and 7 of the Award Regulations which relate to the sp- them for 1895. lie proceeded to ask me Avhether I would supply him Avith a draft of Regulations on the subject, such as I thought would be acceptable to Her Majesty's Government ; nearly the Avhole of his time and attention being at the present juncture absorbed by the currency measures now before Congress. I consented to do so, guarding myself, hoAvever, against committing Her Majestv's Government to any draft which I might so [638] ' B 2 prepare nt liis request, -nr ! wliieli 1 coukl only Bul)mit to your Lordsbip for oonsidera- tion. Aocordin-lv, a I'lmv dnys later 1 supplied :Mr. Carlisle Mitli the draft of Eemi- lations for tlio voluntarv scalinir-up of arms, of uliicli a copy forms liidosiire 2 of tins despatch, lie exjm'ssed his approval of that drall, and slated that ho was willin;,' to adopt it in lieu of the provisions drafted in his Pejinitnient, hut with refcrenee to Article 8 lie urged that it would be very desirable for tiie eo.ivenionce of all i)artios that, as by Article of the Award Regulations the uso ol shot-guns is prohibited in Behring Sen, though permissible outside, sealing-vessels should be compelled to deposit their shot-guns at Unalaska before entering ]3ohring Sea. He begged me to submit tliat proposal to your Lordship. Yesterday I received from ;N[r. Carlisle a draft of Ilegulations revised by himself, a copy of which forms Inclosurc 8 to this despatch. The first three Articles merely repeat the provisions of last year in relation to the special licence, thci distinctive liag, and the litness of the seal-hiuiters to be employed. Articles l, 5, and G embody my own draft (Inclosurc 2) in relation to the voluntary sealing-up of arms, &c. Article 7 is a useful provision enabling United States' sailing-vessels to obt:iin a upccial licehce iu Japanese ports. Article 8 declares that the Regulations apply only to the se;>,son 18!).'). MK Carlisle's revised Regulations do not appear tonieto be open to any objeclion, and I aAvait your Lordship's instructions on the subject. I have, &e. (Signed) JULtAK rAUNCEFOTE. ■'ft Inclneure 1 in No. 1. Recjitladons governing Fasseh employed in tli'- Fnr'Sai! Fishing. ARTICLE 1. Every vessel employed in fur-seal fishing shall have, in addition to the ])apers Jiow required by law, a sjioeial licence for fur seal fishing. Art. 2. Before the- issuance of a special licence, the master of any sailing-vessel proposing to engage in fur-seal llshing shall produce satisfactory evidence to thoofiicer to whom application is made that the luuiters employed by him arc competent to use tho weapons authorized by law. Art. 3. Every sealing- vessel ])rovided with special licence shall show under her national colours a Hag, not less than 4 feet square, part above and to the left to bo black, and tho part to tin; right and below to be yellow. Art. 4. Fire-arms, net&, or explosives .shall not be used at any time for taking or killing fur-seals in that portion of Behring Sea deseribtd in tin; Act approvf^l iho. (Jth April, 181)I, entitled "An Act to give effect to the Award rendered l)y th(> '{ribunal of Arbitration at Paris, under tlie Treaty between the United States and Great Britain concluded at Washington the 2!)tl; February, 1892, for the purpose of submitting to Arbitration certain (piestioJis coneernijig the preservation of Fur-seals." Art. 5. Any vessel in a home or foreign jiort, wishiiig to (Uigage in fur-seal fishing, and to Pail from such port during the months of Jlay, .luue, or .Inly, may apply, if in a jiort of ilie United States to tho Chief Customs ollicer, or if in a foreign jH)rt to a ('onsular olhcer, to have the sealing outfit of such vessel secured under seal, and the fact noted on her special licence for fur-seal fishing. Such seal shall not be bi-okeu during the time fur-seal fishing is prohibited. Art. 0. Sealing-tiessels in the North Pacific Ocean, east of ISO'' lohgiiudc : hnir fn secure ISafe-condnvt to Home Port or to Behring ><€(i during the months of May, June, and Juli/. . Any vessel having licence to hunt fur-seals in the North Paefic Ocean and Beliring Sea, east of IhU' hnigilude, shall, before entering Behring Sea, except to pro<*ee, ]$eliring Sea, have her sealing outfit secured under seal, and the odicer ])lacing this seal shall enter the fact and daf<' of the same upon her log-book, with the number of seal-skins and bodies of seals then on board, and Raid seal shall not be broken during the time fur-seal fishing is iirohibited, except at a home port. Art. 7. Vessels in the North Pucijic Ocean, west of ISO' longitude ; how to secure 'Snfe- conduct to Home Port or to liehrimj Hea. Vessels in .Japanese waters or on the Siberian coast, west of 180° longitude, Misiiing tf) r(>turn to a home port during May, June, or July, may apply to any United States' Consular olllcer, and have their sealinsr oudlts secured under seal, and the fact entered on their log-books. Such seal shall nut he broken except at her home port, and such seal and (Mitry shall constitute a sullicieiit prolection against seizure whilst within the area of the Award on their direct jiassage to such port. Vessels in Japanese wat(!rs or on the Siberian coast, west of 180° longitude, wishing to enter Uehring Sea, may ajiply to any United States' Consular olDccr aud have their firi!-arras and ammuniliou therefor secured under seal, and the fact entered in their log-books.. Such seal shall not be broken Avhilo in Behriug Gea, aud such seal and entry shall constitute protection against seizure. Art. 8. Any vessel described in the ])rece(liiig paragraph may obtain special licence for fur-seal fishing upon application to the Cnited States' Consular ollice of any l)ort in Jajian, after furuishing the evidenct! required in Article 2. Art. 9. The aiiihority liereinbeforB granted to United States' Consular officers, Customs officers, and ollicers of the United States' navy may be exercised by like oilicers in the sei-vicc of the Government of Groat Britain, except in ports of the United States. These regulations are intended to apply onlj to the season of 1895. Inclosure 2 in No. 1. Fuk-Seal Eisukky (Season 1895). I Speci(d Itcgulut ions for the Prolection of dealing-vessels against utiHecessartj Interference or Detention during the Close Season. 1. In order (o protect from unnecessary interference or detention wiUun the area of the AwaitJ during the close season (that is to say, between i\w 30th April and 1st August) sealiiig-vessels which have not violated the iaw, any sealing-vessel Inwlully traversing, or iiit ■uding to trav(>rse, the area of the Award during the close season on her way to her home jiorl or any other port, or to or from the sea ling-grounds, or for any other legitimat(> purpose, may, on tii(> application of the master, have her sealing outfit secured under seal, and an entry thereof made on her clearance and log-book, and such s aling-up and entry shall he a jirotection to the vessel against interference or detention during the close season by any cruiser, so long as the seals so atfixed shall remain unbroken, unless there shall be evidence of any violation of the Fishery Articles notwithstanding. 2. Such sealing-u]) and entry may he elVeeted, in port or at sea, by any Nayal, Consular, or Customs officer of the nation to which the vessel belongs. It may also be efleeted in the case of Jiritisii sealing-vessels at the Island of Attou by any Naval or Customs cjfficer of the United States in the absence of any tiritiah Naval or Consular otlicer. It may also be cH'ccited at sea us regards British vessels by the (!ommander of a United States' cruiser, aud as regai-ds United States' vessels by the Commander of a British cruiser. [638] B 2 r.^ t,. r:r k If the muster shall so flosirc. the officer effecting the sealing-up and entry shall deliver to liim a ceitilicale of the number of seals and seal-skins on board at that date, keeping a copy of tlie same. ,. ^ x- 3. And whereas, by tlie Gtli Fishery Article ot the Award, the use ot nets, tiro- arms, and explosives are forbidden in the fur-seal fishery, but that restriction docs not apply to sliot-guus when sucli lishing takes place outside of Bchring Sea durmg the season when it may be lawfully carried on, any sealing-vessel having shot-guns and ammunition on board may, before entering Behring Sea, on the " application of the master, have the same secured under seal, and an entry thereof made on her clearance or log-book : and such sealing-up and entry may bo ellectcd ia the same manner, and shall afford the same protection against interference or detention in Behring Sea during the season when the ilshing may lawfully be carried on there, as the securing of sealing outfits under the 1st Article of these Itegulationa. 4. The foregoing Regulations arc intended to apply only to the season of 1895. Inclosure 3 in No. 1. Regulations governing Vessels employed in Fur-seal Fishing. ARTICLE 1. Every vessel employed in fur-seal fishing shall have, in addition to the papers now required by law, a special licence for fur-seal fishing. Art. 2. Before the issuance of the special licence required by the tth Article of the Award, the master of any sailing-vessel proposing to engage in the fur-seal fishery shall produce satisfactory evidence to the officer to wlionia])i)licationis made that the hunters employed by hiin are competent to use with sufficient skill tlic weapons by means of which the fishing may be carried on. Art 3. Every sealing-vessel provided with special licence shall show under her national ensign a flag, not less than 4 feet Avide, com])osed of two pieces, yellow and black, joined from the right liand upper ct)iuerof the fiy to the left hand lower corner of the luif, the part above and to the left to be black, and the part to the right and below to be yellow. Art. i. In order to protect from unnecessary interference sealing-vessels within the area of the Award, during the close season (that is to say, between the 30th April and the 1st August), but which have not violated the law, any sealing-vessel lawfully traversing, or intending to traverse, the iirea of the Award during the close season, on her way to her home port, or to or from the sealing-grounds, or for any other legitimate purpose, may, on the application of the master, have her scaling outfit secured under seal, and an entry thereof made on her clearance or log-book, and such sealing-up and entry shall be a protection to the vessel against interference or detention, during the close season, by any cruiser so long as the seals so affixed shall remain unbroken, u ' .ss there shall be evidence of any violation of the Fishery Articles of the Award notwithstanding. Art. 5. Such ?c;iling-up or entry may be effected, in port or at sea, by any Naval, Consular, or Customs officer of the nation to which the vessel belongs. It may also bo cirected in the case of British sealing-vessels at the Island of Attoii by any Naval or Customs officer of the United States in the absence of any British Naval or Ccnsular officer. It may also be efl'ected at sea as regards British vessels by the Commander of a United States' cruiser, and as regards United States' vessels by the Commander of a British cruiser. If the master shall so desire, the officer elfeetiiig the sealing-up and entry shall deliver to him a certirieate of the number of seals and seal-skins on ))oard at that date, keeping a copy of (he same. Art.Ci. Aim whereas, liy the (>th Fishery Article of the Award, the use of nets, fire-arms, and explosives is f'c/rhiildcn in the fur-seal fishery, but that restriction does nol npply to shot-Lrniis when sucii fishing takes place outside of B(>hriiig Sea during the sc;.son when it may lawfully l)c carried on, any sealing-vessel having shot-guns and amuuinition on Imard may. lieioie entering Ifehring Sea, on the application of the master, have tlie same secured iiiider seal, an 1 an entry tli(>n>of made on her elearanc<> or log-hook ; and such sealing-up and entry may be ctl'ccted in tlu; same manner, and shall aiVordthe same pnitei-liim against inferfereucc or dclention in Behring Sea during the season when the fisliery may lawfully be carried o:> there, as the securing of sealing outfits under the last preceding Regulation. 1(1 entry shall d at that dato, of nets, fire- 3tion docs not ea during the hot-guns and ication of the her clearance nianner, and ng Sea during ring of sealing on of 1895. in addition to I Article of the al iishery shall lat the hunters hy means of ow under her es, yellow and I lower corner the right and isels within the 0th April and ressol lawfully ose season, on ;her legitimate secured under ealing-up and m, during the iin unbroken, of the Award by any Naval, sland of Attou of any British nimander of a nmander of a id entry shall i at that date, ' use of nets, striction does Sea during the ihot-guns and cation of tlic her clearance manner, and ng Sea during ring of sealing Art. 7. Any vessel of tlif rnitfd States may obtain sju'cial licence fur t"nr-sc:il lishing upon aiiplication to tliC Cliicf < )IIii'('r of the Customs in any jiort ul" ihf L'nitcd States, or to the United States' CoMsul-ir ofiicer of any port in .):i2>:in, and cDUiplying with the recjuirenu'iits of these licgnlati(jns. Art. 8. The foregoing Kegulations are intended to applv only to tiie season of 1895. No. 2. Sir J. Pauncpfote to the Earl of Kimberley. — [Receii-ed Fehriiunj '2.) (Extract.) U'dshin^ton, Janunrij 2t, 1895. I HAYIj tlie honour to transmit to your Lordship a copy of a note wliicli I received yesterday from the Secretary of State in relation to the working of the Award Ke,,ula- tions for the government of the fur-seal fishery in part of Behring Sea and of the Nortli Pacific Ocean. A strong effort is being made to reopen the whole question of the Fishery Regula- tions, on the ground that the Award licgulatioiis are shown by experience to have entirely failed in their object, which was the preservation of the fur-seal species, and tiiat, unless a speedy change be brought about in those Regulations, externiinatiou of the herd must follow. The United States* Government base that conclusion on the Returns from United States' Customs otFicials, and from the sales of fur-seal skins in London. In order to avert the deplorable result which they predict, they propose the imme- diate ajjpointment of an International Commission, in whidi Great Britain, the United States, Russia, and .Japan should be represented by expert.s, eminent for scientific know- ledge and practical acquaintance with tiie fur trade. They further suggest that, pending the deliberations of the Conmiission, the Govern- ments above named should agree to a wmhts rlrcndl, under which sealing in Behring Sea should be absolutely prohibited, and the present Fishery Regulations now in force should be extended along the line of the 3yth degree of north latitude from the American to the Asiatic shore, and be enforced during the coming season in the whole of the Pacific Ocean and waters north of that line. Inclosure in No. 2. Mr, Gresham to Sir J. Pauncefnte, Excellency, Deitarlmcnt nf Slate, Wrinhimjton, January 23, lS9,"i. I HAVE the honour to inform you, for comuuniication to your Government, of the deep feeling of solicitude on the part of the President of the United States with regard to the future of the Alaskan seal herd, as disclosed by the ollicial Returns of seals killed at sea during the present season in the North Pacific Ocean, filed ni tiie respective custom-houses of the United States and iJritisli Columbia, and by reliable estimates of skins sliipped to London from the Asiatic coast by way of the Suez Canal. It would appear that there were landed in the United Slates and Victoria 121, 113 skins, and that the total pelagic catch, as shown by the London trade sales and careful estimates of skins transhipjied in Japanese and Russian ports, amounts to aliout 112,000, a result unprecedented in the history of jielngic sealing. It would further appear that the vessels engaged in Behring Sea, although only one-third of the total number employed in the North Pacific, in four or five wecle upon this question as to tlie lial)its of the seal, its feeilin.n- grounds, and the efl'ect of pelagic sealing upon the herd, and other similar (pie.-'uons, tlie I'resident deems it advisahle to suggest to Her Majesty's Government, and to tlie Governinonls of Ihissia and Japan, that a Commission he appointed, consisting of one or more men from each country eminent for scientidc knowledge and practical ac(|uaintance with tlu; fur trade. This Commission should visit the Asiatic side of the North J'aeific as well as tlic American, and also the islands which the seals fre()uent, and report to their respective Governments as to the ell'ects of pelagic sealing on the herd, and the proper measures needed to regulate such scaling so as to protect the herd from destruction, and permit it to increase in such numhers as to permanently furnisii an annual su])ply of sk'ns. I am (tireeted hy the I'resident to propose, for tlie consideration of your Government and the Governments of lUissia and Jajian, the appointment of such a Commission, and I am furtiier directed to suggest that during its deliherations the respective Governments agree ipon a miidux liri'iidi as follows: — i'iiut the Hegulations now in force he extended along the line of the iSoth degree of north latitude from tiie American to the Asiatic shore, and he eidorced during the coming season iu the whole of the Faeiuo Ocean and waters north of that line. Further- more, that sealing in liehring Sea he ahsolutcly prohihited pendiij^ the Report of such Commission. Inasmuch as the sealing season will shortly commence, and the fleet will leave the western coast for the sealing grounds, I hog to suggest the necessity of speedy action in regard to this proposition. I have, &c. (Signed) W. Q. GRESHAM. No. 3. Colonutl Office to Foreitjn Office. —{Received March 20.) (Kxtracl.) Downing Street, March 10, 1895. I AM direetod liy the i^Iarquess of Jlipon to acquaijit you that ho has had under his consideration the drafts of an Agrceinent for the protection of seal fishing- vessels hy iirovidiiig for the sealiiig-up of the fishing iniphiuieuts on board.* Tlie eoiisiderafioii of this Agre(>iiient was delayed at the request of the Dominion Goveriinient, who telegraphed desiring that no action should he taken pending the reeeijit of their observations on the proposed Agreement. These have just bean received. As L(n'd Kiniberl(>y is auarc, the similar arrangement of last year was essentially provisional, heiiig intended to meet the; dinieulty created by the fact that the sealing- vessels had alii.ost all sailed before the legislative instruments for giving effect to the Award were complete. The ]!rovisioiis of the Award and the legislation arc now, however, sufricientlv W(>11 known, and prnnd jacie, therefore, there is no urgent need for renewing the Agreement, which, as his Lordshii) is aware, has throughout been strongly onposed bv the Canadian (Government. o^ ii j If the Agreement had operated in practice, as was intended, to prevent unnecessary interference with sealing-vessels, there would have been grounds for its renewal in some lorm, but Lord Kipon f(>els that there is considerabh' force in the arn'ument urged hy the l)oiiii;noii (ioveriiiiieiit, that the proceedings of the United' States' .•nusers ni the eases .,r ill,- " Tavourite " and " Wanderer" showed that, instead of its heing any advantage to a sealing- vessel , IPfl.". I LAIJ) before the Karl of Kimberley your letter of the l!)th tiltimn, relative to the rejiewal of the lle^iidatinns for the proloetion of seal iishinij-vessels dtirin;,' Hit' close season hy providing for the seahng-uj) of the tisliing im])lelnents on linnrd. Having regard to the views on the subject expressed in your lettrr. f ,uii to suggest, for the ^Iar()uess of Kipon's consideration, that Iter ^iajesty's rioverinuenl should declini' to renew .he arrangement relative to the scaling-up of arms, on the ground that the possession of anus is not contrary to the Award Itegulntions and that the Airreement, as proved by the seizure the Asiatic siioie, and bo enforced during the comir ;j season in the whole t)f the Pacific Ocean and waters north of that line. Furthermore, that sealing in IJehring Sea be absolutely prohibited pending tiio Report of such Commission." Her Majesty's Government have given the facts set forth by Mr. Gresluun in support of these propo^^als their most serious consideration, but after e\.iuiiiiiiig atten- tively the figures and information at their disposal, they Ikuc; come to the eouclusioii that the condition of affairs is not of so urgent a character as llie President has been led to believe. In the second paragraph of his note Mr. Gresham states : — "It would appear that there were landed in the United States and Victoria llil,143 skins, and that the total pelagic catch, as shown by the London trade sales and careful estimates of skins transhipped in Japanese and Russian ports, amounts to iibout 142,000, a result unprecedented in the history of pelagic sealing. It would further appear that the vessels engaged in Behring Sea, although only one-third of tlic total number employed in the North Pacific, in four or five weeks killed 3 1 ,5S5 seals — not only over 8,000 more than were killed in Bebring Sea in 18i)l (the last year the sea was open), but even more than the total number killed during the four niontiis t)n the American side of the North Pacific this season." He goes on to say : — *' This startling increase in the pelagic slaughter of both the American and Asiatic herds has convinced the President, and it is respectfully submitted, cannot fail to convince Her ^Majesty's Government, that the Regulations enacted by tlie Paris Tribunal have not operated to protect the seal herd from that destruction wliich they were designed to prevent ; and that unless a speedy change in the Regulations he brought about, extermination of the herd must follow. Such a deplorable result should, if possible, be averted." I must, in the first place, observe that arguments based on figures which include the pelagic catch on the Asiatic or western side of the Pacific are calculated to lead to erroneous conclusions as to the woiking of the Regulations, and as to their effect on the seals frequentmg the Pribyloff Islands. There can be no doubt that there has br:en a large increase in the number of seals taken off the Japanese coast last year in comparison to any previous year. The total number taken there in 1893 was only a iittle over 29,000, while last year it appears from the Returns to have been not less than 51,000. But no point has been more constantly insisted upon by those who have examined and argued the question on behalf of the United States than that the seals frequenting the eastern and western sides of the Pacific form two absolutely distinct bodies or " herds," and do not intermingle. In the opinion of the experts and Counsel employed on behalf of Great Britain, this doctrine was pushed too far. They held that a certain amount of intermingling might, and indeed did, take place in Bebring Sea. But, tiiough our knowledge of seal life is still far from complete, it may certainly be held as tolerably established that the two main bodies of seals are distinct, and that increased pelagic catch or the Japanese coast does not constitute a serious menace to the seals frequenting the Pribyloff Islands. Whether that increased catch can be continued without serious diminution of seal life on the Asiatic side is a ercd to the Regulations, they have had a successful season, there is no substantial ground to support the contention that the period for revision of the Regulations fixed by the .Vrbitrators ought to be so materially curtailed. To set aside tlieir authority upon .so slight a ground would, in the opinion of Her Majesty's Government, be a most serious blow to the authority of arbitral decisions, and to the general principle of arbitration which both Governments have it at heart to promote. Her Majesty's Government arc, however, anxious to do all in their power to contribute to a fair and thorough examination of the facts connected with the seal fishery, and to the adoption in useful time of any measures which may be necessary for the preservation of (he species. They have examined carefully the specific proposals contained in Air. Gresham's note in order to see how far any portion of them could be accepted with this view, having due regard to the important British interests involved. As regards the proposed modus vivendi for this season. Her Majesty's Government regret that they find themselves unable to accept this proposal. Even if some adequate grounds had been furnished for its adoption in the interest of the fishery, it is to be remembered that the sealers have .already almost all started, and are now scattered over the whole breadth of the North Pacific, where it is impossible to warn them. They have made their preparations on the assumption that the interference and interruption to which their industry has been subject more or less for the last ten years had at length come to an end, and that the conditions under which it might be prosecuted had at last acquired some permanence and stability. 'i'o spring upon them again in the midst of their operations so stringent a proposal as that of the United Stales would be an act of great injustice, anu would involve Her Majesty's Government in the payment of iieavy compensation. The measure suggested would in fact put an end to pelagic sealing, as it would leave only the four first months of the year, when from various causes comparatively few seals ore caught, while the sealers would have to lay their vessels up during the remaining two-thirds of the year. The adoption of such a restriction under present circumstances, and upon the only grounds which can be adduced to justify it, would be almost tantamount to an announcement that, whenever there has been a successful pelagic fishing, steps will at once be taken to prevent the recurrence of such an event. Mor can Her Majesty's Government believe that the appointment at present of an International Commission such as is suggested by Mr. Gresham would lead to any useful result. It will be remembered that the Commissioners appointed by the United States and Great Britain, wfio visited the islands in 1891 to examine this same question, found them- sel-ves unable to agree except as to a few vague general statements, and presented Reports in which they differed widely, not only as to the remedial measures necessary, but even as to many of the most important facts in seal life, and only the same result can be expected from a second more numerous Commission. Such Commissioners, it must be borne in mind, can only be on the islands for a few weeks at most, while the period during which the seals frequent the islands extends [638] C 2 ^%^ 12 f' from May to October or November, and the phases of seal life exhibited arc constantly chanpinfT. riip question to bo dealt with is the progress and the growth or decrease of the herd, nnd the iiifoini:itif>p rociuired to enal)le it to be effectively grappled with can only be gatborod by continuous observations carried on constantly during the greater part of (ho period that tiio islands are resorted to by the seals, nnd extending over a series of years. The new Commission might, no doubt, be able to gatlior some new tads as to sojil life, but nothing but continuous and comparative study could c|ualify it to form a judgment as to the effects wliich the pursuit of the seals at sea and llii- slaughter on land is producing on the liord, and to suggest any remedial measures with confidence and authority. Instead of such a Commission, though possibly as a preparatory step to its appoint- ment, Her Majesty's (jovernmont would propose the appointment of J\gents to reside on the seal islands and to collect authoritative information by obser.-ations, which should extend nvor such a period as will be suflicient to enable a judgment to bo formed of the effect of the fisliing upon tlic preservation of the herds. If sudi Agents appointed by the United States and Great Britain were to conduct investigations jointly during the' icxt four years, both Governments would l)y that time have, with the particulars derived from tlic sealers' logs and other sources, a body of information which would enable the two nations to approach the question of revising the Regulations in a thoroughly scientific manner, and to protect, as far ns possible, the numerous and varied interests involved in the seal fishery. J ler Majesty's Government do not wish, however, to be understood as desiring to l)ostpone all discussion until that date. The Agents would naturally make their reports at regular and not too distant intervals, and if the facts disclosed in these Keports, or information obtained from other sources, should at any time show a state of things urgently calling for remedial measures, Her Majesty's Government would be willing at once to examine, with the Government of the United States, the method in which such measures could best he applied. Similarly they will be ready to do what is in their i)ower to obtain early Returns of the results of the fishery during the present year, in order that they may he examined by the two Governments at the first practicable moment. If these proposals recommend themselves to the Government of the United States, it might be desirable also to approach the Russian Government with a view to the appointment of similar Agents on the Commander Islands. There is little independent information available in regard to the conditions of seal life on these islands, and as the Russian Government desire that the Regulations made by the Arbitrators for the eastern side of the Pacific should be extended to the western side, it seems reasonable that there should be inquiry how far such extension is necessary and applicable. Your Excellency is authorized to read this despatch to Mr. Gresham, and, if be Bhould so desire, to give him a copy of it. I am, &c. (Signed) KIMBERLEY. No. 9. The Earl of Kiniherley to Sir J. Pauncefoto, Sir, Foreign Office, May 17, 1895. I HAVE informed you in my despatch of this day's date that, iuijtead of an International Commission, as suggested in Mr. Gresham's note of the 23rd January, Her Majesty's Government propose the appointment of Agents to reside on the seal islands, and to collect authoritative information by observations, which should extend over such a period as will be sufficient to enable a judgment to be formed of the effect of the fishing upon the preservation of the herds. As the season is advancing, it would be necessary that the Agents should proceed to the islands without delay if any investigations are to he carried out during the present year, and 1 therefore request that your Excellency will call Mr. Gresham's immediate attention to the proposal, and report his reply by telegraph. Should it be in the atlirmative, communication could at once be made to the Russian Government with regard to the appointment of similar Agents on the Commander Islands. I am, &c. (Signed) KIMBERLEY. m re constantly c of the herd, can only l)c ftrcater part rer n scries of now facfs as y it to form a S'liter on land inddonce and to its appoint- s to reside on wliicli slioiild I'ornu'd of tlie re to conduct l)y that time OS, a body of f revisinj? the i possible, tiie as desirin 2;Tram. Her ^Iiijesty's Government liave refused to renew the Apfreement for sealin^j arms, and this covers the sun^jrestions noted as (a) and (r) in para2;ra])h 4 of your tele^;ram. It would be impossible for the sealers to fjot rid of arms lawfully used outside the Award area, whore their possession is not forbidden. The sunjjjestion (/>) for throwinjij the burden of proof on the master of the vessel would increase the danger of seizure on insulficient grounds. With regard to the suggestion (rf) as to the punishment for infringing the ]?egula- tions as to logs, in many cases forfeiture would be too severe a penalty if the alternative of a fine, provided by the Jieliring !Sea Award Act, were withdrawn. The 1' :'!imI States' (Government ask (2), that it may be made imperative on British naval otiicers to seize vessels infringing the law. This is already provided by the Award Act, and the Admiralty instructions to cruisers make the point . As regards Articles 1, 2, and 3, which relate to the special licence, the distinsuishinp flnir, and the fitness of the men to he employed m the tisiiery, sufficient |)rovision has already heiii made on the side of Great iiritain (in ])ursiiinice ot Ariicles 4 and 7 of the Award" Kesulations) hy "The Behrinw Sea Order in (,'onncil, |S9r)," of which I had the honour to communicate a copy to you in my note of the 6tii .\hmii last. As regards the renewal aiifl extension, under Articles 4, 5, and 6 of the draft Uejjrulations, of the provisions of last year for the voluntary sealint;-up of arms, &c., I have now received the ohservations of my Government thereon, and I am instructed to inform you that, in their opinion, the arranRenient in question has not in practice been worked for the protection of British sealers from interference, as Her Ma,je8ty'a Government had hoped would have been the case. This is proved by the seizure of the British sealins-vessels " Wanderer " and " Favourite." The possession ol arms, &c., hy a sealinu'-vessel within the area of the Award during the close season is not, as you are aware, (brbidden by the Award Regula- tions, and for the above reasons Her Majesty's Government are not prepared to renew the arrangement. No necessity therefore arises for any further com enl ilegulatioos such as were proposed by Mr. Secretary Carlisle. It appears from the cases of the " Wanderer" and the "Favourit, . ' the particulars of which were laid before Congress (sec Ex. Doc. No. ti7, pp. 341 and 386), that the United States' naval officers who effected the seizures were under the erroneous impres- sion that they were empowered to apply the legislation of the United Slates to those vessels. Thus, in the case of the "Wanderer," Commauder Goodrich writes: "My action is based on Section 10 of the Act of Congress of the 6th April," and in the case of the " Favourite," Commander Clark attempts to justify the seizure under the same Section of the Act of Congress. It is hardly necessary to point out that United States' naval officers have no authority to seize British sealing-vessels except under the British Order in Council of 1894 (No. 1) for offences against the British Act of Parliament ("The Behring Sea Award Act, 1894 "), which embodies the Paris Award Regulations. It is hoped that instructions in the above sense will be issued to the United States' naval officers employed in the duty of enforcing those Regulations. I have, &c. (Signed) JULIAN PAUNCEFOTE. ; ^ i It No. 12. Sir J. Pauncefote to the Earl of Kimberley. — {Received May 29.) (Telegraphic.) Washington, May 28, 1895. 1 HAVE carried out the instructions contained in your Lordship's despatch of the 17th instant on the subject of the pr„posals made by Her Majesty's Government for the better protection of the seal herds, hut the reply to my note will no doubt be delayed bv the death of the Secretary of State. No. 13. Sir J. Pauncefote to the Earl of Kimberley. — {Received May 30.) My Lord, Washington, May 21, 1895. IN my despatch of the 14th instant, I had the honour to transmit to your Lordship a copy of the note on the subject of the Behring Sea Fishery Regulations, which 1 addressed to the United States' Government, announcing the decision of Her Majesty's Government not to renew the arrangement respecting the voluntary sealing- up of arms and implements of fishery, which was adopted for the fur-seal fishery season, 1894. That decision has given great dissatisfaction to the United States' Government, and it is made the occasion of more or less violent invectives in the press against Great Britain ; some journals, in their ignorance of the true facts of the case, going so far as to assert that Her Majesty's (iovernment now refuse to put in force any longer the Paris Award Regulations. •(I renewal and ol alius, &c., • distirmuishinK t provision has 4 iiiui 7 of the ^'hic'h I had the As regards the atioiiB, of the now received m yoii that, in vorked for the ent had hoped Wanderer" and lie area of the \\vard Regula- )areti to renew :iit llegulations tiie particulars .'W6), that the oneous impres- Sliites to those 1 writes : " My d in the case of nder the same ficers have no r in Council of le Behring Sea United States' rNCEFOTE. 9.) fay 28, 1895. Iiip's despatch Her Majesty's o my note will ay 21, 1895. nsmit to your y Regulations, scision of Her untary sealing- fishery season, ' Government, against Great foing so far as mger the Paris II I have the honour to inclose copy of a note, dated the 18th instant, which I have received on the subject from the .\ciing Secretary of State, and of my reply thereto. Mr. Uhl, in that note, expresses the deep regret felt hy the President at the decision of Her Majesty's (ioveiiiinent, and at its iiaviiig been coiiiinunicated at so late a period. He contend.s, for certain reasons, wliieh he develops at considuralile length, that hii Government were entitled to assume that Her Majesty's Government had assented to the renewal of the arrangeinciit. He states, nevertheless, that liis tiovoriunent accept the decision, but they request that British naval otticers may be instructed lo continue tiie sealing-up of arms in the case of Anicrican sealing-vessels, if they should be re(juested to do so, in order to carry out the I'resident's I'roelauiation on the subject, ile adds that instructions have been sent to the naval oflieers of the United State.-.' patrollinjj fleet, which clearly define the powers intrusted to them. It may lie hoped, therefore, that the result of the present discussion will be to obviate a recurrence of any excess of aut lurity on the part of United Slates' cruisers during this year's fur-seal fishery season. I have, &c. (Signed) JULIAN' PAUNCEFOTK. Inclosure 1 in No. 13. Mr, Uhl to Sir J. Pauncefote. Excellency, Washiwjlon, May 18, 1896. I HAVK the honour to acknowledge the receipt of your note of the 11th instant, communicati ig the declination of vour Government to agree upon concurrent Regulations for carrying out the provisions of the Paris Award during the present season. The reason assigned therefor is, that the provisions of the Award relating to the special licence and distinguishing flag are already provided for in the British Order in Council of the 2nd February last, and that concurrent Regulations similar to those agreed upon for last season by the respective Governments us to outfit and arms of sealing-vessels are not considered necessary for the present season, inasmuch as, within the Award area and during the close season, the possession by vessels of said outfit and arms is nowhere forbidden by the terms of the Award. As regards the Regulations for last season you are instructed to inform me that, in the opinion of Her Majesty's Government, '' the arrange- ment in question has not, in practice, been worked for the protection of British sealers from interference, as Her Majesty's Government had hoped would have been the case ; " and m this connection sjiecific reference is made to the seizure by United States' officers of the British vessels " Wanderer " and " Favourite." You further call my attention to the statement, drawii from the correspondence laid before Congress (Senate Ex. Doc. Ho. t>7, pp. JJ41 to 38tling being, that one copy thereof should be submitted to the President for his a|)proval ii i promulgation ; while you, for your part, should forward a copy for the approval i Her Majesty's Government, and for inclusion in an Order in Council shortly u> t*. .assed, vou having stated that it would be necessary to embrace the Regulation* ji i. h- ». Order in Council, for the reason that the last Order bearing on the subject M^k lainted in its operation to the sealing seah<>n of 1894. i »• f ^' P.. S< 1ft Till' I'rcsidcnt approved and signed those Kcgulatioiis on the 18th January last, underslaiiilin;,' lliat they had received your approval, and would be forwarded by you to your (Joverniueiit, as above stated. 'While it was not understoo'l tliat you had authority to l)ind your Government, or iiad undertaken definitively to do so without a f )rnial trans, mission of tiie proposed Kejruiations, yet the Secretary of the Treasury iiad every reason to believe that the (bait agreed upon by him and you would be promptly accepted by the Jbitish Government, or its declination as promptly communicated. In jjoint of fact, this Government has had excellent reasons to suppose that the draft Kegulations had been actually accepted as an arrangement made between the two Governments, its autiiority for this supposition being the formal terms of the Briti.sh Order in Council, mentioned in your note ("ISeluing Hea Order in Council, 1895 "), wliich bears date the 2nd February last. On that dale a cojjy of those proposed Eegulations must have been in the possession of Her .Majesty's Government, it having been given to you on the 17tii January for transmission. The preamble of this Order recites that, "Whereas arrangements have been made between Her Majesty's Government and the Government of tiie United States for giving effect to the Articles !■ and 7 of the scheduled provision-i, and ii is expedient that effect should be given to those arrangements by an Order in Council . . . ." 'J'lie word " arrangements," as thus used, can only refer to the proposed Regulations for the season of Ky.'j, which had been framed by yourself and Secretary Carlisle, for no other agreement or regulations tlian that contained in such Regulations has been entered into this year between the respective Governments as to any of the provisions of the Award, and the arrangements for last season were obsolete and non-existent, having been in terms limited to the sealing season of 1891.. It may be suggested that the word " arrangements " in the Order in Council of the 2nd February last cannot refer to the draft of Regulations approved the 18th January last by the President, for the reason that no specific mention is made in said Order as to the provisions of said dratt Regula- tions for securing under seal tlic outfit and arms of sealing-vcssels. The special licence and distinguishing Hag, however, wore the only matters covered by the .said draft of Regulations which depentled, as regards British vessels, for their validity upon, and received their bintlinp tbrce irom, said Order in Council. It will bo noted in this con- nection that the Order in ('ouncil of the 27th June, 1891, likewise contains no reference to tiie duty ot securing the outfit and arms under seal, although the mutual agreement upon whicli said Order and the Regulations of 1894 were based contained a similar provision imposing upon sealers said duty. That this word " arrangements " can only refer to the agreement or understanding between Secretary Carlisle and yourself, u])on which said Regulations were based, is made clear by the use of tlie same words in identical contexL in the ]uevious Orders in Council of the 30th April and the 27th June, 1894, respectively. In the first of these it was recited that, " Until arrangements for giving further ellect to Articles ^l and 7 of the said scheduled provisions shall have been niade between Her Majesty's Government and the Government of the United States, the following provisions tiiall have etf'eut; . . ." Sul)se(iueiitly to this Order, to wit, on the Itli May, 1891, the President of the United States signed and approv<.J liegulatioiw for the season of 1894, based upon an Agreement made by yourself and Mr. Gresham for the respective (ioverniiients Articles 7 and 8 of wliich provided for a special licence and distinguishing ilag. The Order in Council following, on the 27th June, 1 891, contains this significant language : — • " And whereas nnangcnienfs have been made for giving fiiriher eilect to the said Articles, and tor regulating during the present year the fisiiing for fur-seals in accordance with tl ■' said scheduled provisions . . ," It is thus seen that the first Order in Council of the 30lli April, 1894, recites the pendency of arrangements, while the second Order of the 27tli June, 1894, recites such arrangements (of the 4th May, 189 !•) as having been actually made; and tiicreloie the word "arrangements," as severally used in these Orders, couki only mean the preliminary Agreement iqion which was baseif the Regulations of 1894, which Agreement, as above stated, was eX|)ressly iinited by its terms to the scaling .seasim of 1894, and was non- existent when the present Order was issued. By every sound principle of interpretation and precedent, therefore, this Government was entitled to regard the reference to "arrangements" in the Order in Council i, and was iion- :his Government II ("oiincii (if the raft Kegulatior.H eminent — which ' liold that Her zed as subsistinjr the proposed Regulations submitted as above, by the passage of the Order in Council of the '2n(i February last. AVe are, liowevtr, constrained to accept your note of the 11th ir lit as a formal notification of the non-ci.ncurrcncc in the same by Mer Majoty's Government. It is my duty to express the deep regret of the President that the Hriti^li Govein- ineiit should have communicated its declination at this late period of the season, after our Consuls have been instructed and the patrolling fleet of the I'nited State> has sailed under orders based on the legitimate assum|)tion that the privilege of sealing-up alforded by said Regulations was to be accorded during the pre-iciit season as during last -eason to British as well as .American vessels. It is further to bo regretted that what appears to be the chief reason a-signed for this declination — namely, the seizure of the .steamers " AVanderer " and " Favourite" — should not have prompted a timely refusal to enter upon negotiations for Reirulations, thus saving much trouble and uncertainty, which now appear to be unavoidable. The British fleet engaged in scaling last season numbered sixty vessels; of these, the " AV^anderer " and "Favourite" "cre the only ones seized by United States' olticcrs, and these s(Mzures were made because of a direct infraction of the liegiilatioiis of 1804, agreed upon as above stated by both Governments. The " AVan.lerer " was seized on the 0th June, I8!J4, and the " Favourite' on the 7tli August, 181)1. The master of the " AVanderer," before the sciziire, srited to the boarding oflieer that all his arms were scaled up, which, upon exa>ninaiio->., «as found not to he true. N'o objection has ever been made by ller .Majesty's Government because of tliese seizures until the present time. The case of the " AA^nnderer " was made the occasion of the Deparlinent's !iote to Mr. Goschen of the lUtli November, 1^91-, communicating the full report of the naval otKcer in command. Tiiat seizure, like that of the " Favourite " aNo, was made because of a direct infraction of the Regulations of 1891, agreed upon as above stated by both Governments ; and that being the case, it is, I submit, quite immaterial whether the United States' naval officer effecting the seizure was under an erroneous impression that the United States' Act of the (Jtb April, 1894, was concurrently applicable to the case. No correspondence whatever between the two Governments appears on record with regard to the seizure of the " Favourite," Imt the date upon which it was ellected — the 27th August, 1^94— justifies the supposition that the facts in regard thereto, as were certainly the facts in regard to the seizure of the " AVanderer," were in possession of Her Jlajesty's Govcrninent during all the preliminary nogotiatiotis between yourself and Secretary Carlisle from the 15tli December, isyi, to the ITtli Janui>ry last ; .iini this Government is at this late date for the first time infornieil that tiiose seizures are made the ground for the refusal by Her Majesty's Government toa'lopt concurrent Regulations for 189:). Ill view of your present communication on the 11th jAlay, it is pn'siimed (hat no British sealing-ve>scl now at sea iins ajiidied, or will hereafter ajiply, lor the piivilege of having iti- (uitlit and arms sealed up. 'i'lie otHcors of the United States' patrolling fleet will, hov\ever, be instructed that tlic f.iihire of a Briti.sh vessel to have her oiiltit and arms secured under seal is not a violation of the Paris Award or of the liiitish Act of Parlinment ; they "ill also bo instructed to refuse to grant this ju-ivilege in the future to British vessels. Similar instructions will iit once be given to our Consuls in Japanese and liriiish. Columbian ports. Notwithstanding this, 1 have the iionour to re(|iicst, through you, that ller Majesty's Government shall notify its officers engaged in patrolling the .Award area to seal up the outfit and arms of .American vessels applying for this privilege, in iccordance with sections 4, r),and G of the Regulations jiromulgated by the President on the Ihth January last. With further reference to the precise complaint which your present note of the 11th May appears to convey concerning the seizures of the "AVanderer" and " Favourite " and your reijuesf based thereon, I beg to further inform yvu that the instructions already given to Uuiied States' otficers as to patrolling the Awaid area during the preiient season will not admit of any other doubt as to the proper scope and limitation of the -Act of Congress approved on the tith April, 1><94. I have, &c. (Signed) EDAVIN F. UHI, [63S1 Actinij Secretary. n ; ;l Inclosure 2 in Xo. 13. Sir J. Pauncefote to ^fr. Uhl. SIp, Washington, May 20, 1895. I HAVE the Iionour to acknowledge the rcceii)t of jour ixotc of the 18th instant in rci)ly to mine of tlie 1 Ith, in which I annonncetl the decision of my Government not to renew for the season ISO."* the experimental arran-j^ement for the voluntary sealing-up of arms f-nd implements of fishery which was adopted last season with a view to the better protection of sealing-vcssels against unnecessary interference within the area of the RclirinK Sea Award (hiring the close season. You informed me that, pending the reply of my (iovernmeiit to that ])roposnl, its acceptance had been infoircd hy your Government from t'.ic delay in the reply as well as from the ianguaffo of "The British liehring Sea Order in Council, 189i5." Yon base that inference on tiie recital in that Order in Council which states tlmt " certain arrangements had been made between our respective Governments," and you conclude that the word " arrangements " must be held to include the ngr<'eniont or understanding between Secretary Carlisle and my.>clf respecting the renewal of the sealing-up of arms arrangement. In the first place, I beg leave to remind you tliut, as explained in my note of the lull, there was no '■ agreement or uiulorstandini; " between Secretary Carlisle and myself except that I should refer his draft of proposed Regulations for 1895 (of wliich a copy was inclosed in my note) to my Government for their approval and concurrence. In tiic next place, it appears to have entirely escaped the observation of your Government that the "arrangements" mentioned in the Order in Council of 1895, as well as in all the previous Hritisii Orders in Council as having been made between the two Governments, are expressly stntcd to be arrangements for givinj;- etfoct to Articles 4 and 7 of tlie Regulations prevcribed by the liehrin-j Sea /Vward, which relate to the form of licence, the distinctive fiag, and the fitness '.rf the men employed. No inference, therefore, could i)ossibly arise from the language of the Order in Council, that the arrangements therein mentioned extendeil to the proposed renewal of the arrangement respecting the sealing-up of arms. '' Expressio unius est exchisio aiteriiis." As regards the delay on the jiart of Her Majesty's Government in replying to the proposal, it sIkih' '. be borne in mind that the (piestion was inissi:m of a fmtlier note from the United States' fi'ovcrnment, dated the lOtli, on the subject ot Ibe lui-sial fishery, and wliicli I Inid rc(]uested the ,\cting Secretary of State to recon- sider, "iili the >iew to the corr. ction of an error of fact wliich appeared in it. % 20, 1895. IHlh instant in crnment not to ry scaling-up of c»v to the better lie area of the ing the reply of )ur Government h Rebring Sea that Order in 1 oiir respective held to include respecting the my note of the ly Carlisle and tions for 1895 ii- approval and rvation of your ncil of 1895, as ide between the ct to Articles 4 late to the form X(i inference, ouncij, that the lie arrangement 3." replying to the r carefid inquiry tore nientirined, .'enicnce of the pcrience of one United States' sir legal powers, 4th May, 1894 be evidence of ccount of seals, incpiiry into the Her .Vlajesty's 1, no doubt with mr Government 1 to transmit to JNCKKOTK. ).) Uii/ 21, 1895. tr<•l^^Inissi;)n of the sulyoct ot Slate to recon- it. 19 The note was only returned to me by Mr. Uhi to-day, and I have tin- lioiiour to inclose a copy of it. The passage to whidi I took exception will l)e found in brackets (see p. 21 >, v\iiere it is made to ap|>e.')r that Article 1 of the Kegnlatioiis proposed l)y the United Slatc^' (■overn- mi'iit for \^'.)'> is now in force, wiiile, on the contrary. Ifor Miiji'sty's Govermiu-nt have declined to adopt it. In returning the \iote to nie. ^Ir. Uid informe 1 inc. in an unolRcial letter, that, in view of the facts set forth in hi-; note of the I'^th instant relative to the refusal of Her Majesty's Government to renew the arrangiiiient as to the sealini;-np of arni>, there seemed to he no occasion to modify the lassage in (|iiestion. Copie- of Mr. Uhl's note of the I'^tli instant, to wliicli iie rol'er-. and of my reply thereto, are inclos.'d in my despateh of to-day's date. I have, itc. (Signed) .IL'LIAN I'AUNCKFUTK. Tn<'losure in No. 1 1. Mr. I'lil Id Sir J. I'/iuiirrfot'' Kx(!('llency, Dijuntmcut at Shtlr, WnsliiiK/lon, Mnii !(», IM).">. ON tlie 23rd January last the Secretary of State had the honour to address yoti an important eonimunication respecting the President's deep solicitude with regard to the future of the Alaskan seal-herd, and suggesting to Her .Majesty's tioverninont that a Commission be appointed on behalf of Great IJritain, Russia. Japan, and the Fnited States to investigate and report touching the eti'ects of ])elagie sealing, and the proper measures needful to regulate such sealing so as to protect the herd froni destruction, and permit it to increase in such numbers as to permanently furnish an anntuil supp'y of skins; and. furthermore, iirojx.'sini;' that during the deliberations of such aCommiv.ion a viodus rirciull be agreed iipon e.vteniliiig the area embraced in the Regulations ff the Paris Tribunal alonir the line of the :^.)th degree of north latitude to the Asiatic s'lore, and absolutely prohiinling sealing in Behring Sea pending the Report of siieh Cmninission. At the date of that projiosition, but little time renuiiiu-d available for reaching an agreement between the two Governments parties to the Paris Award which could be made efi'ectual during the present sealing season, and forobtaiiiing the concurrence of the other Government-^ interested — Russia and Jajian, and early action upon the subject was naturally expected. This l)epartment is. however, yet without information as to wiitther Her Majesty's Government is prepared to take effective steps, as suggested, to check the api)alling diminution of the .Alaskan seal-herd within the area of the Award, and avert the imminent destructiiui of the important industries to which the seal (isheries give rise. At this late day, the proposition for a (juadruitle investigation a;i 1 report can scarcely be executed during the present year. and. while it remains a matter for urgent consideration in jirevision of next year's needs, the delay brings into niore iniuu-diate and urgent promir.ence tiie second brancli of the proposal, and especially the impera- tive need of agreeing upun tlie absolute closure of liehiiiii; Sea to pelagic sealing until the four Governments may reach a convenient accord on the general features of the problem. Extended consideration of the subject since Mr. Greshain's note of the 2J5rd .ianuary was written has not only coiilirmed tiie grave api)rehensions then ex|»ressid, but has forced upon this Government the conviction tliat further sug;;estious designed to exp^i^d by mutual agreement tiie scope of the Paris Awani, in order to make il more ellect've for the iiurpose of preserving the fur-seal herd, are warranted by the informaticm row la possession of this Government. Tlie sealing season of 1894 was the first during which the provisions of the Paris Award were applicable, and the pelagic catch of seals, both without and within the area defined in tlie Award, jiroved to have lieen the largest ever known. The statistics of the seal catch, as estimated in another note addresst'd to you by the Secretary of State on the same day, the 23rd January are contirmed by later knowledge. Reliable information discloses that ];)8,:j23 skins taken by pelagic sealers in tiie North Pacific and in Hebring Sea, from the American, RnsHian, and Japanese herds during the season of 1894, were sold in London. Careful estimates show that about a,0(»n were retained in the United States for dressing and dyeing, making a total of 141, 1323. To [038] 1) 2 •20 this shoul'i 1)C added about SOO, uliich «cro known to liavo been on a vessel believea to have been lost, makin- the total catch about 14-.',0UU, of «hieh 50,GS(5 were taken within the area covered by the Pari-t Award. Tiie following-- Table -ives the number of skins taken by i)ela<,nc sealers witliin saul area durinir the venis 18!»0 to 1894, inclusive : — IS'.M IS'.M I «'J'.' 1 8!) I 40. so;) ■4-i.'.Ml •40,1112 r It ir.aj bo estinia(ed, within moderate bounds, tliattliese fii:urcs roi)resonl only about one-third of all the seals killed, the l)odies of the greater part not beinj;' recovered. An examination of these fij^nres must sutisfy the most scei)tical mind that the tiir- seal herd will be speeilily exterminated unless the scope and the details of the Award shall be supplemenied l)y enhuj^ed rev;ulation. So far as tlii.- Articles of the Award relatinj;: to tlie North Tacific Ocean, exclusive of Beiirin-; Sea, are concerned, \. hereby all scal-fisbini.' from May to A unjust is forbidden, much ^ood Jias been accomplished, and favourable results were apparent on tlio breeding- islands early in the season. The fatal defect in the scope of th..- Award, however, was in openinjr Ik'hring- Sea durinjj Auuust and September to pelagic sealing, and prohiljiting only the use of Hre-arms. It has !ieen claimed, and there is evidence in support of the claim, that the spear is as destructive in iJehring Sea as the shot-gun, and some experts believe that even greater destruction is accomplished by the use of the spear than by guns ; for tiie reason that t!ic noise of the latter frightens away many seals whidi may bo easily killed while slecfjing on the water by spearsmen. While the herd is travelling in the North Pacific Ocean, away from tiie islands, it is very diiricult to kill seals with spears, as they are constantly swimming, and rarely found asleep on the surface. In Belning Sea, iiowcver, the females leave their pups on the islands and go out for a distance of li»0 to 200 miles, far beyond the inhibited 00-mile zone, to feed. They are there found in large numbers asleep on the water, and can easily be killed by the silent and skilful spearsmen. The large number of pups foiiml dead from starvation on iiie islands during the latter part of September and October 18!)4 12,000 by actual count on the acces.sible parts of the rookeries and 20,000 in all by careful estimates— shows the destructive effect of |)ormittiiig any pelagic sealing whatever in Heliring Sea. With the closure of that sea to pelagic sealing, and with the eiil'orcemont of the closed season in the North Pacific Ocean as established by the Award, it is believed that tlie seals would receive no more than a fair degree of pro- tection, wliercliy seal-tishing might continue to be i)rofitablc both on land and sea for a long time to come. Unless such a restriction in the scope of the Award be made, the fur-seals will be exterminated for all commercial purposes within a very few years at the most, and the dependent industries destroyed. These considerations, joined to the official figures of last season's catch, which are now definitely known, fully bear out the wisdom and necessity of the projiosals made in Mr. Gresliam's note of the 23rd January, making it more than ever the President's inijierative duty to recall to the attention of Her Majesty's Government the defects in the form and scope of the Paris Award, and in the legislation thereunder, for carrying out its provisions, especially that enacted by the British Govern- ment ; and I am directed by the I'resident to earnestly renew through you the endeavours already set on foot to secure 'uy mutual arrangement appropriate legislation on both sides, in order that the object of the Award, to wit, the preservation of the fur-seal fisheries for the mutual and lasting lienefit of the citizens and subjects of the two countries, may be cftectually accomplished. 'i'he contention of Her Majesty's Government that Regulations framed for the purpose of carrying out the Award should be co-extensive with, and limited by the terms of, the Award, would seem to be sound, but this circumstance makes it the more incumbent upon the two parties to consider certain aspects in which the Award fails to provide for contin*iencies which one brief year's experience lias show n should be prom|»tly met. No ader, was in \\\d \)Vii\uhhing hat the spear is at even j^reater reason that t!ie hile slcL'itinn' on (if Ocean, away are constantly ver, the females iles, far beyond rs asleep on the farge number of f^epteniber and ' rookeries and tinjf any pelagic ^ic sealing, and i established by ■ degree of pro- d and sea for a 1(1 be made, the :^w years at the ed to the official out the wisdom aniiary, making )f Her Majesty's I the legislation British Govern- tho endeavours 1 on both sides, cal fisheries for untries, may be I for tlio purpose le terms of, the lore incumbent iails to provide promptly met. nion, for Her 10 Award, only 1 igreement to IS to amount to Article 6, which (xcepiion being tihot-guns when used outside of ndiring Sea. Tiiis prohibition is directed simply against tlie use iif these weajjons for one particular pur;>(>se. that < f killing fur-seal, leaving the l)ossc'ssion and use lawful tor all dtlur purjioM's, such as killing whales, wahiis, sea-otter, liair-seal, and other animals found within Hebring Sea. ICxperienoe has shown it to be almost a practical impos-ibiiity to detect a sailing-vessel in tiic act of using fire-arms for this one proliibited purixise. Altliongli the searching oflficer may lie morally certain tliat (ire-arms have been used, and may properly coii.-i'ler the mere presence of fire-arms on the vessel, if accompanied with bodies of seals, soal-skins, or «)ther suspicious evidence, sutiiciciit justification (even apart from the ]irovisions of Section 10 of the Act of Congress of the Gtb April, 18'.)4, which is applicable onl" to American vessels) for the seizure of such a vessel, it must be apparent that in jiroceedings for conilenmation brougbl in a Court thousands of miles away from the ])Iace of Mi/.iire. i' will ho almost impossible to secure conviction and forfeiture on the ground of illegal use of weapons. Furthermore, under the jiroi-edure nece-^sarily following the seizure of a Hiiti-ih vessel. the I'liited States' otlicer delivers the vessel, with such witnesses and pr.iof as he can produce, to the Senior British Naval Officer nt llnalaska. At the trial no Re])re^enta- tive of our Government is jircsent, and the British Government must (•on Vict., cap. 1!)), a [irovision similar to that in the Act of Congress above cited was inserted as follows ; — " If a Ikitish ship is found within Behring Sea having on board thereof fishing or .shooting implements, or seal-skins, or bodies of seals, it shall lie on the owner or master of such ship to prove that the ship was not used or cmploved in contravention of this Act." The principle thus enunciated is so evidently just and necessary, that it is not easy to understand "by the later British Act legislating upon the same subject .should have contained no similar provision in terms confornnng to the intendment of the Award. The Secretary of the Treasury is of the opinion that, although an amendment bringing the present British Act into harmony with the prior Act and with the .American Statute in this regard would render the task of enforcing the Award much easier, and gi\e more ett'ectual results, the most satisfactory amendment would consist in common legislation, rendering a vessel subject to forfeiture if founil in Behring Sea with fire-arms on board adapted to the killing of .seal. It should further be provided by oneurrent legislation that sealing-vessels liavii;.^- implements or seal-skins on board, desiring to traverse the area covered by the .Xwaid during the closed season, if licensed, and during any season, if unlicensed, should have such implements duly scaled, and their catch noted in the log-book (a privilege now- accorded at the option of the master, under the Regulations of 18'J5, .Article 4), under the penalty of forfeiture for violation of this privilege. This privilege, however, as above stated, should not be accorded to vcs-els having fire-arms in Behring Sea. It is further to be noted that, under the British Act of Parliament, "the provisions of 'The Merchant Sliipping Act, 18.')4,' with regard to official logs (including the penpl provisions), are made applicable to sealing-vessels ; " said penal provisions, however, do not appear in the Schedule attached to the copy of the Act ,n the possession of the Department. I have, therefore, to request that yoi: will ascertain and inform me whether such penalties include the forfeiture of the vessel and cargo. Section b of the Act of Congress expressly provides that any violation of the Award or Regulations will render the vessel and cargo liable to forfeiture. It is feared that because of the spejific reference in the British Act to the penal provisions of "The Merchant Shipping Act, IS.") I," as to ofllicial logs, the failure of a vessel to keep log entries might not bring lior f-rO within the ffcneral Iial)iii(_v f<> forfoilure contained in the British Act, unless >ai 1 Merchant Shipiiinij Act iio'^v made a part thereof contains similar provisions. Durinp the past season, lo;; -booli entrio- were dulv made hy I'liiled Slates' : eaiin^-vessels in Helirinff Sea, and were transmiticd to Confjrcss. The l)e|)artmcnt ifornicd that simihir entries were made hy Britisli vessels simil ill Behrliif^ Sea, whicii entries have been (hily transmitted Uy tlic British Government. .Many vessels, however, had cleared lor the coasts of .lapan and luissia as early as January, Ion;; before liie i»a.ssa;i;e of cither the Act of Congress of the Oth April, 1894, or theAct of Parliament of the 18th April, iHiM. Inasmnch as tlie .VwanI was not self-operative, and contained no i)enalties for its violation, the Treasury Department considered tliat tln' penalties ])rovidod in the Hnhsccjueiit legislation were not retro.ictivc, and could not properly be apjdied to tlie failure to make the los? entries required by the Award liefore the passage of said lenislation. 1-^ntry was therefore permitted for the catch of seals on receipt of the master's oath iliat he cleared in ignorance of the provisions as to log-book entries. Durin;; the coming season collectors have been instructed rigidly to enforce the law as to log-book entries ; and the e.xact status of the Britisli law, therefore, becomes of i^reat importance, so that an early answer to my present inquiry is very desiral)le. A\'hile upon tiiis subject of so a.nending the concurrent legislation of the two countries as to secure uniformily, 1 may invite attention to the fact that under the British Act it is nowhere made the duty of the Ihitish naval .leers to seize ships when found in violation of the law. Section 11 of the United States' Act imposes that duty on I'liited States' oliicers duly designated by the President. Y'oii will recall that ]SIr. (iresham adverted to this jwint in liis note to \ou of the lOtli .April, 18iM; and in your reply of the 1 1th April you observed that, in your opinion, tiie word " may" would be construed as imi)erative, and that, in any case, the instructions to the naval ofHcers would jirobaljly remove ail doubt on the point. It is now sid)mitted, however, that this detail is too iniporiant, to be left to n\ere administrative interpretation of a Statute which in ter.'ns omits to prescrilie tiiis mo.st essential duty; and, in the judgment of the President, t'.iis discrepancy in the concurrent legi-lation of the two countries should no longer continue. 'iesidcs advancing these considerations in regard to the concurrent legislation for regrir.ting sealing in tiu; North Pacific and Behring Sea, the Secretary of tlie Treasury has asked me to ascertain, through you, whctlier, during the past season, the British Government has employed insjiectors to verify the log-book entries of British vessels as to the number and se.\ of seal-skins landed, in like manner as provided by the legisla- tion of this country. .All skins entered during the ])ast season at United States' ports, except i'ort Townsend, were duly examined by e.\pert inspectors as to number and se.x ; by an error, however, the skins entered at Port Townsend, although duly examined and counted, were not classified as to sc.n. The Secretary of the Treasury further suggests that the British Government be requested to consent to the stationing of United States' inspectors at British Columbian ports for the pnrjiosc of verifying said log entries of British vessels, and examining the Bkins as to sex ; reciprocally according the British Government a like jirivilege in TTnited States' |)orts. J have, therefore, the hoiiour to make such request, and to invite as early a response thereto as may be practicable. In thus communicating to you, by direction of the President, the proposals and suggestions of tiiis Government, 1 desire, by way of recapitulation, to lay especial stress upon — 1. The necessity of immediate agreement to close Behring Sea absolutely to pelagic sealers pending consideration of the proposition for extending the protective area of the North Pacific Ocean along the yJth parallel to the Asiatic coast, with the concurrence of Uiisi-ia and .lupan ; ■-?. The jiroposal for a woiluti vivendi, whereby the elfcctive concurrence of Great Britain, llussia, Japan, and the United States shall be lent to the protection of the fur- seal iierds ; ;>. The appointment of a .Toint Commission, as suggested in Mr. Grcsliain's note of the 23rd January last ; and 4. The advisability, if not the proven necessity, of amending the concurrent legislation of the two cmii. tries tor the expansion and more precise definition of tlie scope of the I'aris Award, and the duty of the two Governments thereunder. I have, &u. ' " " ■ (Signed) EDWTX F. U^llL, Ading Secretary. ,» 23 iiiiios ^ai I loiis. Duririfr in;;-v{'s.sels in iritisli vessels Oovcninicnl. as uailv as li April, 1894, ward was not ■ Depart inent i)t ii'tro.icdvc, quired by the itfed for the i>rance of the s have been status of the nswer to my of the two lat under the zo sliip.s when )Hes that duty II recall tliat 18!M; and in ' may " would naval officers L'vor, that this I of a Statute l^niont of the ries sliould no cgislation for the Treasury II, the Hritisli ilisli vessels as \v the le^■isla- Statos" ports, nber and sex ; examined and overnment be sh Columbian jxamiiiing- the ege in United invite as early )r<)posal.s and ^special stress eiy to pelagic e area of the ( concurrence ice of Great •n of the fur- liam's note of c concurrent lition of tlie No. 1.-. I Kiirl of Kimberhi) to Viscount Gou,jh. (Toleirraphic.) Forr'ijn Office, .luni> 17, l^'O'). TN compliance with thi' rc(|iii'>t of the I'liiffd Stat(>s' (lovoriiment, reported in Sir J. Pauncct'ote's de^pritcli of the 21st ultimo, the otficers (-omm.'indimr Hu* British ships of war i>n seal-fislierv duty in Hchrini; Sc.i will W ;tntli(irizeil to continue sealinij-np the arms and ammunition of American sealini»-v('«s<'ls if reiiuested to do so. You should so inform the T-nited ."States' riovernment. No. 10. Viscount Gough tn the K; .ihove-mcnlioncd dcsp.ilch to your L'trdship. Your Lordship will perceive that .Mr. Uhl again expresses his regret that Her Majesty's Government were not more prompt in notifying their refusal to continue the arrangement for sealing-up of arms on board sealing-vessels in transit through the Award area during the close season, and he states that the United States' (iovernnient nuist disclaim in ailvance any responsibility for any consequences of the delay in making known such refusal, not conceding, however, that any would otherwise exist. I have, Sec. -,..., - '■ (Sign.-d) GOU(iir. Secretary. Indosure in Xo. 1(5. Mr. Uhl to Viscount Gour/h. My \jOYi\, Department of i^late, Washington, June 8, 181)3. I HAVE the honour to acknowlcilgc the receipt of tiie Aujliassador's note of the 20th May last, in continuation of previous correspondence concerning the scope of the arrangements entered into between the two Governments wilii regard to seal hunting in the Award area. Sir Julian takes the ground, first, that no "arrangements" in the sense of an agreement had been entered into between him.self ami the Secietary of the Treasury except that Mr. Carlisle's draft of the proposed Regulations for 1S();3 should bo submitted to Her Majesty's (iovernment for approval and concurrence ; and, second, in etiect, that the Order in Council for 1 81)5 in terms excluded, as did the Orders of |)revious years, any arrangements for the scaling-up of arms on board sealini;-vessels in transit through the Award area during the closed season. As expressly declared in my note of the 18th ^lay, it was not understood that liie Ambassador had authority- to bind his Government, or had imdertaken detinitely lo do so without a formal transmission of the proposed Uegulations. The fact remains, iiow- cver, as already .stated by me. that an under.-tanding or a;;rcemeiit was reached l)ctween Sir Julian and the Secretary of the Treasury as to the form and sul)sijince of the Regu- lations in question, which agreement, in the form of Regulations prepared by them respectively, and reduced to writing, was to be submitted to i.-.t President and to Her Majesty's Government for approval. Not only was a formal coimter-drafi of those Uegulation.s Mihmitted by the .Ambas- sador to the Secretary of the Treasury, hut the Hnal form agreed upon between them containeil many elianges suggested by him, and, indeed, after ihe agreed draft had been 21 ; t ^; y r i'. I^A ^.' !:■■- sent li> llio I'rcsiiknt for siijiiadiri', ^ir .liiiiaii's Ivtter of tlie SOtli .Tarnary to Mr. Cailihli- iiointcil out certain words evidently ins.Tt'jil hy mistnlic, and refoned to tlie dratl a> an •• iirranj,'c'nuiit.'' Furiher, Sir Julian is iilcased to say that it ai)|)cari to liave .-ntirciy escaiR'.l the ohscrvalion of tliis Government that the "arranjremcnts" men- tioned in the Order in Council of IKO.'i, ns well as in all previons British Orders in Council, as havin-,' hcen made l)ct\veen the two Governments, are expressly stated to be arrangements for giving effect to Articles I and 7 of tlie Regulations prescribed by the Behring Sea Award, which relate to the form of licence, tlic distinctive fl..g, and the fitness of the men employed ; wherefore his Excellency asserts that no inference could ]iossil)ly aiiso from the 'language of the Order in Council, that the "arrangements" therein menticmed extended to the proposed lenewal of the arrangement respecting the He;ding-up of arms. I beg to submit that the point to which his Excellency refers was not overlooked hy this (iovcrnment in view of the identity of the provisions of the Order of ISO.') with those of the ])rcvions Orders in Council to »liicii bis Iv-ccellency adverts. Knowing tlint the Onlcr of lS!t| referred to arrangements agreed upon between the two (Jovernnients, as statod in Sir Julian's note to .Mr. Gresbam of the lOth May, 1S94, and knowing also that those arrangements expressly included Kegulations for the sealing- up of fisbory impkineiits at the rocpiest of the masters of the sealing-vesscls, it was not obvious that, by repeating the same provisions, Her .Majesty's Government intended in lS!i." to cxeludo a jiait of the Hcgulations which were included in the Order of 1894. Otherwise a concbisinn — entirely untenable — follows tliat the .slightly varieil recital of the Older of the L'lid February last must have concealed a positive decision readied by Uer Majesty's Government at that early date to reject the provisions of the arrangement of January relative to the sealing-up of arms, which decision was not annoimced to this Government till the llth -May following. Ho far as touches his Excellency's a.sscrtion, that no inference could properly be drawn that the '•arrangement" mentioned in the Order of 180.") embraced also the securing under seal of the ecpiipment of sealing-vesscls as i)rovi(led for in sections ■!•, 5, and (i of the draft Regulations of T-!{)5, I have the honour to reply that no arrangements whatever have been entered into i)etwcen the respective Governments during this year on the subject in (piestion other than the "arrangements" contained in tiie draft from which were phrased the Regulations of 181)5, promidgated by the President on the 18th .lanuarv, ami that the reference in the Order in Council of 1895 could only have relati'd to tl'.e draft of Kegulations prepared l)y the Am!)assador and JMr. ('arlisle. That the eliecl of the Order in Council in limiting tlie word •* arrangemeiits" to Articles 4 ami 7 ('f the Award (thuh by necessary implication ratifying the corre.sponding Articles 1, :.', ami •"'> of the draft Regulations) was not regarded by the British Govern- ment as a retu-al to concur in the remaining Articles of said Regulations is made evident by tiic I'act. that formal notification of such refu.sal was deemed necessary by the Ambas- sadors, note of the 1 Itli May. I'ntil that refusal was thus tardily communicatod to ibis Government, I repeat that we had every reason to believe that the Older in Council of the 'Jnd February last, as conmiunicated by Sir Julian to Mr. (iresbam cm the (ith March last, related to the ante- cedent "arrangements" of .Fanuary last, precisely as did the Order in Council of 1894 relale to the earlier 'arrangements" of tiial yiar. Either an arrangement was entered into this year on the basis of the draft, of Kegulations of January last, including the securing under seal of the outfit of vessels, as well as tiie form of the distinguishing ring, special licence, and fitness of seal hunters, or there was no arrangement what- soever made this year. Her Majesty's Government cannot, witliout manifest incon- sistency, rely on the first three Articles of the draft, while at the same time repudiating the remainder. 1 note the Ambassador's suggestion that the cause of the delay on the part of Her .Majesty's (ioverniiK'nt in communicating its conclusions in regard to the draft llegula- tioiis of January last is due to the careful inquiry entered into as to the working of the "arrangements " during 1^94, as a result of which inquiry it appeared that the masters of scaling-vcssels objected to the practice of having their outfit secured under seal after the experience of last season. The only two cases mentioned in Sir Julian's note upon winch to base the contention of Her Majesty's Government that the Agreement between the two Governments of the 4th May, IS94, was violated, had occurred long prior to the date of the negotiations between Sir Julian and Mr. Carlisle. Correspondence in regard to the " Wanderer " had been exchanged some weeks before between your Embassy and this Department without suggestion of complaint on this particular score. JaiHiary to cfcnoil to till- )|)car; ty.> (iovern- niciit, as elated in n>y previous note of llie 18th .May, presumably ha'l in its possession the draft of Itou-ulatioiis of January. It also pre^uinubly had tiie ne|)ort of the Canadian Minister of Marine auvl Fisheries to the (iovernor.(!eneral in Council, dateil the 9th .January las*, in wiiich full statistics of the catcli of 1^94 were given, as also loi^-book entries of vessels entering 15ehring Sea. in which lieport no nicntinn whatsoever is made of any dissatisfaciion w:tli tiie Hej^ulafions of 1S'J4. At the time this I'eport was jjublislu'd al! t lie sealiiig-ve-sels iiaci returned from the cruise ()f l>*'.tt,aml on tin- 'Jnd February last, tlie date of the passa^je of said Onlcr in Coiiiieil, a large number of them had already left for the cruise of \f^U'>. I'lider ail t!ii'.li sialinir-scliooiier " Slielliv "' on llie lltli M:iy Inst. The (lecliiralioii of seiziii'i; prepared liv Captain ;M nn^'cr, and di-liverr I to tlie (.'omniandim; Ollicer of Her .Majesty's sliip " riwasaiil," states that the vessel wn- si.'ized for disrei^'ardinu' lln' I'roehiinntion of the President of the l.'nitel States and the Act of Conure^s of the (Ith April. IV.ll. Imoiu an examination of the iteport of Captain Miini,'er it woidd ap|;ear that the sei/.nre was made on the -rtniinl 'hat there was cause to lielieve tiia' said vessel had kiile 1 fnr-seils within the Award area durim: llu' elosed season, the reason of siudi l)(diel' heini: found in the possession hy the vessel of seal-skins, implements, ami out fits, toiri'ther with salt, shot-Lruns, and animuniti lu On rceeip' ofsniil lle|)ort. Captain llo:;pei, Commandinif ( (llici r of the p;it\'olliuL;- fleet, was reminded that the Aet of Cnnu'ress of the Otli April. ls;!|., Mas applicahle •)iily to A miM-iean vessels : he was also directed, if on investigation he found tlitit said vessel m;is sei/cd on tlii> eliaru" of i!leu-al kiliinu' dnriiu:' the cdosed se:ison, I:) instruct Cai)tain .MiuiL'cr ti. deliver to the Conunandin^' Ollieer of Her Majesty's ship " I'heasant " an amended deidaration of seiziu'e, assii^uini;- as the cause the violation of the I'lid \rti(de of the l!e;:ulalions of the Paris Award, as sei forth in tiu- Srhidules anne\<'d to tlii' British Act «\' I'arliament, known as the i'.ehriui,' Sea Award Aet of 181) 1. In this connection the receipt simied hy the Commaniler of Her Majesty's shi|) " ! heasant " is called to vour attention : — ".Si/Av/, Mini Vi, lS!).->, "In accordance with the provisions of section \'2. Article!), of the Mehrinu' Sea {•'isheries .\ward, I have this day received from C. li. Hooper. Captain I'. S. J{. C S., commandinii; iVdirinu' Sea Heet, the IJi'itish scdiooncr " Slielhy,'" of Victoria, liritisli Colundiia. C. Classeu, master, with hci- tackle, furiiitur", cari,'o, ami doeiunents. seized hy the United States' revenue-steamer 'Corwin.' Ca])tain !•'. .M. Aiun^er eonMnandinif, for violatiini of the Acts of C(MiL,'r(>ss and of the British I'ariianient rcgiilatin;j tlic fur-seal fisheries. (Si^'Hod) "J'ltANK A. (}\nroRTi\, Ueutinant, R.N., '' CommaiKlim/ tier liriUninir Majesti/s yhip ' PheiiKunt.' " i ft- Ciider these circumstaiKH's, I re(|m'st tliat the consent of Jler ^[ajesty's Govern- nu-ut he i,'iven for the appointment of counstd to rc))respnt the (iovernment of the Cnited States in condeiuuatiou jiroceodinijs ai^ainst the " Shelhy " and such other Yoss(ds as may he .seized this season hy fttliccrs of the United States for violation of the Ue^ulations of the Paris Award, it is eonlidently h(dieved that such action will v:reatly assist in the ])roper enforcement of the Award provisions. In this (connection I ohsei-ve that the deelai-ation of seiziu'c will he ;imendcd to tile i.'ud that tiie lihel on Ailmiralty may set forth the breach of the IJrilisli Aet of J'arliament kimwn as the i}(dirinj^ Sea Award Aet of ISOt. Askiiii!; that yon will have tiie kindness to promptly communicate to Her ^[ajesty's (iovernment the purport of this note, and to apprise me, at your early «'onveni(Mice, of Jier .\rajestv's decision upon tiie sidjjcct, [ liave, Sz('. (Si-ncd) inCllAP.D OLXEY. Is'o. IS. Viscount Gough to flic h'arl of Kiiiibrrlri/. — {Receivnl July 6.) I My liord, Xrirport, Rhode Inland, June 2S, ISO,"). Wll'll reference to your I.ordship's despatches of the 17th ultimo, addressed to Sir Julian Pauucefote, eont'.uninu; the proposals of Her Majesty's Government I'cspectiuj; the appointment of Ap;ents to reside on the seal islands and to collect authoiitativc information l)y observations, which should extend over such a period ,is will be sutticient to enanie a judgment to he formed oi the eti'ect upon the preservation of the iierds, I now have the honour to forward herewith to your Lordship copy of a note wdiicli 1 have received from Mr, Oiiiey, the Secretary of State, in which he points out that, althouiih the United States' Government (irmly believe that the sui^yestion of Her Majesty's Government is inadequate, and cannot satisfactorily take the place of an inter- national Commission of scientists, they are, however, unwillinjj to block the way to a better approximate undcrstiuiding of the important conditions of seal life. • (.'ur»viii." til.- ivcrc 1 to till' llic \CN>1'1 wii- I Sink's ;m(l tlir 15i')l(irt of L;riniii(I 'li.'it ill till' Award till' ]ii)«.M'>siiiii il!c(t-u;uiis. and lie iiati'ullini;- as ajiijlicahic aiud that slid nil, 1:) iusd'lict daji'sty's sliip tlic violation tiic Sclii (lull's Award Act of Mai ('Sty's slii]) r/i/ i:'., ISi)5. (' Uriii'iiiu' Sea I', s. H. c s.. ictoria, Brifisli mnciils, scizi'd • foiinnaiidiiii^, I'Ljiilating the H.N., Pheiisiint.' ■' ('sty's Govci'n- I'liinoiit of tilt* lid suoli othei- 01" violation of ch action Avill ic amended to Uritish Act of lioatc to Her at yonr early D OLXEY. liv 28, 1895. , addressed to ; Government >nd to collect 1 period ,is will ?rvation of the :' a note which lints out that, eslion ol' Her :e of an Inter- the way to a '■■•A 27 Mr. Ojia-y statis that he is ot" ojiiiiion that the proposal of Her Majesty's (Jovcrn- nicnt iray he advantageously inoditied in the interest of all cor.cfTiud. .md h_' adds that he is (lirerted hy the President to make a new pr.)|)osilion to Her .Nhijcsty's (iovc niiierit Insfd larpely upon yonr Lordship's proposal, viz., th:it three Aijeiits eiieh he appointed hy tlie Kspeetive (lovernii cuts of (irear Mritaiii, Uussia, J ipan, and the I'nited States, twelve in nil. who shall he stationed on the Knrile, Comninnder, and I'rihvl'itT Irian's respectively. Tli;;t these .\'.;eitf.s he iiistriieled to examine earei'uliv into the Cnr-scTl tishei v, and to iccommend from time to time needful changes in the Kegnhitions ot' the I'aris .Award, ,ind desirnhle limitations of the land entclics of each of the said islands; that within four year* they shall pic^ent a linal Report to their respective (Government-; and that peiidinu' such Report a mndus limii'li he entered into extending the Award Re^^^iilations aloni^ thi line of the .■ii'th degree of north latitude from the Amerieiiii to the Asiatic shore. .Mr. Olney hclieves that s'.ich slauLditer a.s li;is taken |)laee within the last year affords com lusivu eviden(e that the Regulations, as estahlishe 1 hy the I'aris Award, are not ;,ivi u that measuie of protection to tl;e herds tliat the Arhitr.iti )n intended, ami fliat tiic coiiuih rcial extermination ot the fur-seal herd, .Asiatic as well as American, may he regarded a.s imminent. I have, v.'tc. (8i-rued) GOrtill. Inclosiire in Xo. 1^. Mr. Olnri/ to ] isroviil (iniKjIi. ^[y Lord, Df'pinlmriit 0/ Slali', Wii.Jiiitiil.'. m ansvMi to Mr. Grcsham's proposals of the 2ord January last louchini: the ne'"ssi;v ot further provisions to preserve the fur-seal herd of the .Northern I'aedic and Midirin;,' S.-a from e.\termir,;.ti';r., in view of the inadccpiaey o| 'he ReguJatioi-.s lai'! (l:;wn hy t'u' Pa'is Tribunal Arbitration, and specifically replying to the proposal of this (iovernment for the a|)pointMient of an International Commission hy the (jovernments of the United State?, Great Britain, Russia, and Japan respectively, to investigate the tur-sea! fisheries of those waters, and, pending a Report hy the said Commission, for a inorliis rirrndl prohibiting sealing in Behring Sea, and extending the Itegulatioiis of the Paris Award along the .'35th degree of north latitude to the slaues of Asia. With regard to Mr. (Jrcsham's statements concerning the startling increase in the pelagic slaughter of both the American and Asiatic herds, I note that the reply of the Foreiirn OHiee takes the position that this Government, because of its conlention before the Paris Tribunal that the Asiatic and American t'ur-seal h.crds are distinct and do not commingle, cannot now with propriety draw any inference as to the effect of pelagic sealing on the Amci'ic.iii fur-seal herd from figures indicating increased catches over previous seasons in the total of seals kiileu on the Asiatic and American sides of the North I'aeific Ocean. The claim is further advanced that, although the catch of fur-seals during last season on the Asiatic side was greater than in any previous year, yet the catch taken from the American herd (that is, within the Paris Award area), while admittedly larger than in most |)revious seasons, was, in fact, not as large as ih.at of the season of 1891. And, in this connection, this (iovern- ment is further reminded that the success or failure of the Regulations established hy the Paris Tribunal must be judged solely by llieii cHect on the herd which they were intended to protect. I have the honour to reply that, during the hearings before the Tribunal ol Arbitra- tion at Paris, it was earnestly contended by Counsel representing (Jreat Britain that the Asiatic and American herds did commingle. This fact was disputed by the American Counsel in the light of the evidence before them. The Tribunal, howevei-, was nut called upon to make any definite finding upon this important (|ueslion. Willie I do not \sish to be understood as expressing any opinion upon tlie subject, vet, in view of the admission contained in the note of your ''government, in which I conii div join, tl'.at " our knowledge of seal life is still far from complete," I feel that this disputed i)ucstion as to whether said herds commingle still requires most careful consideration and study. It has been suggested that the Aujcrican seal herd, even if not natur.dly commingling with the Asiatic herd, may have been driven over to Asiatic shores by incessant slaughter during the past seasons. If such were found to be the fact on careful investigation — which investigation is unfortunatelv refused by Her Majesty's GoverniBeat— [(5381 ■ E 2 w^ 28 I', I' it might appear tli;if the tut;,! wlaii-litcr ol lur-si-.tls on liotli &iiii.v-< ol tlic North Pacitic Ocean has a inoif iiiliiii;ite coiincctinii with thi- prc'iit condition of the Aniericaii Ciir-sciil herd than is now admitted. However Ihis may he, the Foreign Office seems to have iailen into the serious error of a^^mniIli.' tliat the" pioposition m tiie United States' Government contained in Mr. (;reshain's note of the 'JMkI .Fannary list w.is selfi-,ii in its cliaracter. having' application onlv to the material intcrots of tiie Tniud States' Governmont in tlie American, as (Jislihuuished (iiim the Asiatic, fur-s-.-al herd. Nnthini; could ho further frf>m the truth. The I'rev^dent acted in the desire to protect the tur-scMl fisheries on liotli sides of the NtJifh I'acHic Ocean, Asiath .-is well as American, for the benefit of muidiind. Incidentally, it is conceded, tliis mi^tit have resulted in henetit to the interests of the United States; but the propositi(/n was hased on broad humanitarian principles, no |)cculiar benefit or gain heiui,' sonpht save «hat would have accrued to all inankMid from the proper rci^ulation of these v.iluabic fisheries. It will be recalled lliat a [.roposition of a similar nature, limited to Hehrinj; .Sen, was joade by my predecessor, Mr. IJayard, through the United States' Ministers in Knf;l,m(l, Japan, Uussia, Sweden and Norway, to those respective Govcrmiients in 1887; and that, xuhseepiently. at the request of liord Sulisi)ury, then Her Majestv's Secretary for Koreiyn Aliairs, its sco))e was broadened so as to embrace the whole Northern Pacific Ocean, including; ISehring Sea, from the Asiatic to the American .shores north of the t7th dcgre.' of north, latitude. Unfortunately, and appr.rently at the dilatory instance of the Canadian (Jovernmeut, its proposal was indefinitely postponed by Her .Majesty's Government in .June 1888. 'i'he develo|)ment of valuable fur-seal tisiieries off tiic coasts of Japan and IJussia, followed by the closed season established by the Paris Award, has induced ni;my scalins- vessels to fri-qucnt those waters, thus ciuising a notable increase in the pelagic slaughter «U' the Asiatic shores. 'I"he iigures liivcn by the Foreign Oflice included only the slau','liter in Japanese waters, Adding the seals killed in llussian waters, we have a total of over li\()UO in 189;>, and over 79,000 in 189-1. It was to regulate the killing in those waters, as well as within the Paris .\wur(l area, that Mr. Gresham's proposition of the 'J3r(i January was made. Hut oven if it he assumed that the American and Asiatic herds are distinct and have never commin>;led, Mie fact still remains that the slaughter of the so-called ".American" or "Alaskan" herd duiing the past season has been greater than in any season in the history of jjclagic sealing. The Foreign Office instruction states that about 12,500 fewer seals were killed from this herd in the A.vani area in 1894 than in 1891. There is good ground, however, to conjecture that ihc Biiti ii computation of seals killed in Behring Sea in 1891, namely, "J'l.Ul, swellmg their totii computation to 08,000, comprised a number of seals taken on the western side of tliat .sea in the vicinity of the Russian islands ; the figures for the ewtch in the same sea in I89-f, •Tl,.''':^'', it should he remembered, are limited to seals killed on the eastern side within the area of the i\iris Award.' It was a matter of evidence before the Paris Tribunal that, after the piomulgation of the modus iniendl of the 15th June, 1891, forty-one British vessels were warned out of the American side of Behring Sea by American cruisers between the dates of the 29th June and the l.'ith August of that year. It is believed that many of the vessels so warned went over to the Russian side of Behring Sea and made catches there. From statistics in the possession of this (Jovernmcnt, it would appear that some 8,432 seals were so taken — cii| ic serioii", cri\)r contuinL'd in ■ill'/ application ' Ainc'iicaii, as iDrn tliu truth, ofli sides of the Incidentally, L'liiti'il States ; uliar' benefit or rojicr i('i;nla;ion ^^i^lilar nature, ijlh the United )sc resptntivc Salishiiry, then to cnilirace the the American pr.rently at the y piistpDiicd hy an and Jvussia, d ni;iny scalins- elai;ie slaiii;hter uded only the ei's, wo have a te tlie killing in proposition of istinrt and have ?d " American" ly season in tiie ut 12,500 fewer There is good I in Behriiig Sea prised a number ian islands ; the :red, are limited piomulgation of irned out of the ■ the 29th June so warned went statistics in the irere so taken — d be deducted, atch of British - closelv similar <9J, and of the tates and Great ' Counter-Case, coasts, 5,847, a ring Sea during 1 vessels in that Award area in American and in addition to the Treasury tion of all the estimates the 15,000, leaving , however, the •2\\ tim;rcs as t,nviu by tiu- ruVvi^ii Other, G'^.'tiiO, and «uhtrarting the nuTubcr estimated liy other computations by the ^rell^ll^y Dejiai t.ucnt to have b' i-n killed in Ui:s*ian waters, 8,4'?2, "e have K'lt 5!),5tiS as the niaximutii catch witbiu the Award area I'l r 1891. Th(? oliicial stntcmeut of the cateh for js'jj, contained in the Iie)Hirt ol'tiie Canadian Department i>\ Murine and KiNlieries, credits 1 4,S05 out of a total ol .'/!,!• '2 to the Asiatic slioiC'. 'I'be llejJDit ter 1"<'.I1 uives only a total of 52,995, none i>ein^ credited t ) ll;i-sinn waters; nei'.her doc-; t!ie lU'port ol the Hrilisb Commi'sior.eis of thi' catch ol' lH9i give ;iny Miiinlcr as killed in said waters. While admittedly these Russian catcho were rclati>(l\ .-niill in this year, and liiiue may by inadvertcnci' have escaped the attention of the (iui.idian aiiti;oritics, yet it is c'ear that the ISiitish comi)Utatious of Is'.il an the e,.tcb of .\merican vessels. It should be re ! emb'.'red, howevi.r, that ui the Tre.isury l)e|i;r:ment Table>, from which tiie details mentioned in .\!r. (iiesliam's iK.r. ol the 2.'iid J.inuaiy were taken, G,S;36 skins taken by American vessels were staled as undeterniincd as to location. Assuming that these iinloeated catclies were divided lictween tiie American and A>i.itic herds in the same proportion as th' other skins landed during tiie season of 1^91 at American ports by United States' vessels, we siiould have lor tlie total catch witiiin the Award area S.^OSO, jilus (i,1.52. or Ul,8.'i"» in all, repicseiitin,;.' lb- bodies actually recovered, disregarding those killed but not rec.ivcred, (rom tvso to five times as many, according to the evidence befure the 'I'ribunal at I'aris. Tlli^ total of seals killed and recovered justifies the repetition of tiie statement j)reviously made, that tlie pelagic catch within the Award area during the last year's season was the largest in the history of jielagic scaling, the nearest apnroxinntion being the season of 1891, in which, even on the theory of the Britisli Kgures, not more than 59,5(iS seals were killed and secured, 'flie significance of this catch of 1894 will be better appreciated when it is considered that only ninety-five vessels were employed as against 115 in 1S91. It is further contended in the Foreign Ofiicc note that the increased catch, witli proportionately I'ewer vessels, indicates an increased number of seals in 1^9 1 as compaveti with Ib'Jl, and coiisecpieiitly a better condition of the fur-seal herd. When, however, the startling decrease of seals on the Pribyloff Islands— pronounced by exjierts to be at least one-halt since 1890 — taken in connection witii the great destruction of jiups from starvation on the islands last season, caused by the slaughtei \.i tiieir motiurs at sea, is considered, it will appear, as is respectfully suggested, conclusively demonstrateil that tin- increased catch is but a measure of the increased efficiency of the crews enij)loycd as hunters on the scaling-vessels ; that the seal herd is rapidly diminishing in numbers, and that it is in danger of speedy extermination unless changes are irade in the Regulations established by the Paris Award as proposed by this Government. It is correctly stated by the Foreign Otticj note that the catch in the Award area of last season outside of Behring Sea was less than during the season of 189:5. It should be reinembered, however, that it falls only a little short of the catch of 189:^, and that it was taken during four months — .January to April, while the catch of 1893 was taken during seven months — January to July. The prohibition in the Award Regulations of pelagic sealing during the months of INIay, June, and July, however, was calculated undoubtedly to do much good to the herd, and some favourable results might niit'u.plly have been expected early in the season on tlie islands. Nevertheless, after the sealing fleet had finished its work in Behring Sea, the alarming increase in the number of dead pups found on the islands (amounting by accurate estimate to about 20,000) revealed unmistakably the fatal error of the Award Reffulations in opening said sea to pelagic sealing. The marvellously increased efficiency of the pelagic seal hunters in the use of the shot-gun and spear, as sliown by the enormous catches of late years, and specially of the last season nnder the Award Regulations, cannot fail, it is again submitted, to spL-edily deplete the fur-seal herd. This depletion has already necessitated a reduction of the land catches on the I'ribyloff Islands of 85 per cent, since 1890, and the pelagic catches must soon decrease in like degree on peril of complete extermination. Reports of the coast catches of the present season of 1895 would seem to indicate that this decrease is already observable. It is to be presumed, however, that for some few years the pelagic slaughter in Beliring Sea, the great nursery of the fur-seal herd, can be maintained at figures apj)roximating to or possibly exceeding those of last year. But the end cannot be far off. It is respectfully submitted that such slaughter as has taken place within the :\() 1 i I J ^■, I f MS (>tntioned on the I'rihylofi" and Conr:iandni- Islands, tliere to make joint invc-:tigation diulMj; tlie next four year.-, and to report from time to time as to the condition of the fur-seal fisheries. Althu'.i;^di this Go^-ernment firmly believes tiiat this suirL'estion of Her Majesty's Government is inadequate, and cannot satislactorily take tin- place of an International Commission of Scientists, nor supply the need of all asUc 1 for in said Hindus, it is uiiwiliinLC to block, the way to a better approximate understanding uf the inipiirtaiil conditions of seal life. It is thought, however, that tlie Ih-ilish suggestion may be advantageously nioditied in the interest of all concerned, and I am diieeted by tli.' President to make a new propo>ition to Her Majesty's (Jovernment based largely upon tiiat now submitted by the Foreign (itlice, to wit : tliat tliree .Xgi nts eacii be apjiointed by the respective Govern- ments of Great iiritaii), Russia, .(aijan, and the United State . twelve in all, wiio shall be stationed on the Kr.rilc, Coinmandi r, iiiid Prihylolf Islands respectively ; that these .Agents he instructed to examine carefully into the fur-seal tisiiery, and to recommend from time to time needful chanscs in the Regulations of the Paris Award, and desirable limitations or the land eafcbcs of each of the said islands. That within lour years tluy shall present a final llepoit to their res|)eetive Governments ; and that, jjending >ucii Report, a /(lof/u.v rivfDdi be cul(;red into extciiding the Award ilcuul itions along the line of the 3:Vl1i degree of north latitude from the American to the Asiatic shores. Tlie i(i;purtance of t!ie sul)jeliriuu' Sea, and that illegal use shall bo presumed from the posses- sion of weapons whoso usi' is prohibited. In that note, it was also requested that the United Stiles should have permission to apjioint Agents to examine all se;il-skins 'aided at Uritisli ('olumhia ports. In the note of the lith .(une n re(iue.st was made that the United States he repre- sented by Counsel in proceedings ibr the condemnation of vessels, whetiier seized by Rrifi-h. or United States' otficers. I have, (Si-ned) GOUGH. ^%,.''*. . 31 he Re^'ulations, ■ctio:i tliat the Amrrlcan— is o\ci'iiincnt lias iii'ii, and for an 11 t!ie parties i'/;,'.v rivcndi, the United States tiicre to make time as to tlie leros tint this Jtorily take the aii askc'l lor dcrstandin^- ui" oii.sly nioditicd make a new nitted by tlie !■( tive Govei'n- I, wiio sliall be t these Agents end fVuin tinie ihle iitnitations y shal! present eport, a ,ao(/iis le 3:Vih de^nee 1 must hy this )le attention of D ()L\EY, 5.) "/.'/ I-, ISit.j. tant, fnim (he cs adopted liy c Ocean and and cHi'-iont :)ut the provi- Ik\.s l!ie rift-ht tes addressed 1 Mth dune ■ Ut .May and fire-arms be n the posses- ^0 permission tos be rcpre- ler seized by tc. GOUGir. Il l(•lll^^l■(• ;:l .\... J'.l. .Uc. I'!,! In T!^c:nnt Go'ih. My Liiid. I)r/i,ii tiiif.il of >fiif, 't\'(t,-ihiti./l'>it. Jiitii I, l^'.)"i. \()l'U note (if the iTlii May last, int'orniiii^ nu' tuit Her Majcty's ^.Juvermiioiit •• Plieusanl " it. jialmi that part of iho had (h'-i emhiae.ii witiiin tiio terms of the Award of (in- Tiiijunal nf Arhilration dnrinj;' the «^''as ni oi' lS.i.">. was duiy received and oo luiui'iieaied to the ^^eeretaly of tiio 'J'reasur_\, lo wl.o^e I tcpaiinunl, tiie Mipervisiou of tlie corrc- spondiii^' control of fiiose wates nndir iin' Awai.I aiil ii''u\dat.oiis ,it the I'.uis r;iiuinal (Inly pcrtaiiis. It is )>r(iper, howover. in the inlere-il of the eliieient tu'hlnieni oi' liie ohliualiiins of tlie respective (joveniinenl^ unvler liie Award and l'"indiii;i's of l!:e l*:ins Trihmiai, that the aUention of Her Majesty's (iovernmeal siiould i)e drawn :o I'ue ol)vii)U> inoiiuality and iiiaile(iiiacy of the measures ado|)tod hy J(ev .Maje^ty'sdiivernment to liial end, hotb will; ref;ard to the work necessarily to he acenmiilisiicu. anil a-> eom;>arol wilii tiie .stejjs taken hy tiie I'niled State--" (lovernnienl to llies;ini(' end. This discrepancy was especially niarketl dnrinir tue seasmi of l.~-iit, \wieii Her Majesty's (iovcrnmenl de-iunated only one iiatroliin-j; ve>.~.el. the '• I'liea^ant,' uilliou;;li a majority of th.e schooners on,i,'af;i d in fur-seal tisliiu'; witiiin tlie Award area were .nie vessels in the North I'a 'Hie Oceai and Belirin;;- Sea lor the season of IS'.M, oxclnsi.e of tiie )iay ot idlicers and men, and also e.\cluding' ration-, was l'j^,304 dol. 4'.) c. For tlie present season of 1895 the diMrepaney. althoiiiili less marked, i>. still noteworthy; the comiilions nndor which the patri.l of those sealing waters is conducted iiiipose. in some respects, more onerous duties upon tin; Contraciiiyuj I'atlies in t;,e protection of seal herds fioni illicit destruction. There is grave reason to suspect that iluiinn' the approa(dnn<.; season in Behriui' Sea, which, opens on the 1st .August, sealin,!j,-ve.-scls will take advantage of tiie refusal of the liritish (Jlovernment to continue liie Agreement of IS.il, winch provided f.ir the sealing-up of arms of sucli vi-s-els while in l)c)irinu Si-a, tliere!»y increasing ilie demands upon tin- vigilaii'T of the jiatrolling Heel to deled t'\asions and infractions of tlie provisions of the Paris .\ward. in a Keport from the United States Fish Commi-sion recently transmitted l<> the 'i'reasury iJepartment, it is stated: — " We may reasonable .'.xpect a fleet of iitty-si.\ vessels in those waters (Behriiig; Sea) Regarding iiehring Sea, the sealei's ajipear grililied over the fuel that tiieir fire-arms cannot be scaled up. They CDiisidered the sealing of arms a great hardship, and their satisfaction over carrying them iinscaleil iiiiist mean a determination to use them wlienever they think it safe to do so. Some of ihem say that ulien the .Japan fleet heir of thi.s they will >cnd iinuc vc-sels to the sea. There is little tliubt but that lire-arms, carried into the sea, will be used.'' While the sealing fleet in liie -Vward ar' a is about tiie sanu' in iiuinbcr.-> as in lSli4, the British vessels already cleared for tlu' fur-seal fisheries outnumber the Americans so cleared in the proportion of alxud twD to one. The United States' patndling fleet fo'- this seas"n consists of seven ves.-els, viz., the revenue-cuitcrs " Ku.^ii." '• Bear."' •■(_'or»in." " Wolcoti,'' ••(iiant," .mil • i\ rry," and the Fish Comniission steamer '• .\lhalross.' In view of the vast area to be patrolled, ihi.i tiovernmcut is con>t.ranied to suggest that the detail of two naval vessels oi:ly on the part of Her Majesi. -. (Jovernment is totally ii..;,'e(inate to the performance of tiie propv'r sliar jility of patrol, wiiicli necessarily falls lo tiiat I lovernnuiit. tl ii- \\<>\\\ and rcsponsi- l am, therefore, moved to invite, tlimngh you, the earne.-t attention ol He/ Majesty's Covernnient to thi> matter, and lo ask for tlie more active and etliciont co-operation in enforcing tiie legisiaiion CDiienrreiilly enacted for carrying out u>^ pr ovisions of the I'aris Artard. which this tJovernment believes il ha^ a liahl '\peci from Her Majesty's (joverument, in view of the joint ubiigHtions which rckl uj^h^ii tiiuin in this regard. m. v' && t I Wliile trciilin^- of tliis suliject, I lieg to advert to the iiiii)ortance of obtainiiifj: from llt'r Majesty's (Jovfrnmont a speedy answer toiicliinj-- tlio changes proposed in the scope of'tlie I'aris Award, and the praotieable suf;-^estion.s and requests contained in my note to Sir .lulian riinncefotc of the 10th .May last, and in the note of Secretary Ohiey to you of ilio 1 Uh nltinio. 1 refer i)articniarly to tlie proposition in my note of the ioth May, tiial tlio carryinj,' of (ire-arms in lif^hriii^ Sea he proiiihitcd, or that iliciral use sliall l)c presumed from the possession of weapons, tlie use of whicii is pro- l.>ihitcd, as now i)rovided for in Section 10 in tlie Act of Congress of tiie titli April, 1894, and ;is was formerly provided for in the iiritish Hehrin;;- Sea Act of 18t)l and the Seal bishcry (North "ncilic) Act of 1803. The note d' the 10th May* further requested permission to apjioint experts on the part of the Covcrnment of the Unned States to examine all seal-skins landed at liritisii Colup.hia jiorts^ with rejrard to sex, mode of slaughter, &c.. the results found hcing compared with the Ing-hook entries. In the note of the Itth .lune, a -cquest was made that Counsel in representation of the (Joveinment of the I'nited States be admitted in condemnation proceedings of vessels seized hy Tniied States or Ihi- :s!i officers. The foregoing suirgcstions being particularly applicable to Behring Sea, w'.i ■:■ 'ii-- .s'.-ason opens on the 1st August next, it will be highly desirable to have a distinct under- staniiing upon the subject reached before that time ; and I therefore renew the previous reciuest for an <;arly answer. i have, «fcc. (Signed) E. F. UilL, JciitKj Secretary. No. 20. Tlic Marijiiess of Salisburj/ to Vincount Gough. My Lord, Foreign Office, July 22, 1895. I 1 1 AVI', considered, in communication with the Secretary of State for the Colonies, the note fiom Mr. Uhl, of which a copy was inclosed in your despatch of the 12th ultimo, with regard to the refusal of Her .Majesty's Government to renew the agreement for the sc:din^-up of arms and other implements onboard sealing-vessels. I have to instruct you to address a note to tlie United States' Government, stating that the Arrangement of ]M)-i on this subject was altogether outsidj the purview of the Order in Council ol' ibat year. Under that Arrangement no action was contemplated exccjiting on the application of the master of the seaiing-vesscl. Consequently, no executive measure was required in re^-pcct of it, and, so far as Her Majesty's cruisers were concerned, any action taken was under the instructions issued hy the Board of Admiraltv. You will point out that the inference which .Mr. Uhl dnnvs from the identity of the Order in Council ot ibis year with that of 1891 cannot, in the circu'nstances, be sn>tiiine(l. I am, &e. (feigned) SALISBUJIY. .No. 21. Thr MtiiniH-s of l^dlishury to I i.icount Gough. roreigr Offirp. .mlii 'li), 1895. icceived and considered, in consultation \. !th tic .Secretary of State for Mv Lord. 1 ILWM the C('loiiM-i. your despiitcii of the 'JStli ultimo, eontaiiii"-;' a new j ;: jiosal from the I'uiliii Statrs for tiie ap[)ointmeiit ol three Agents l)y Gent Mritni;;, Russia, .fapan, and li.e I'niud ^'tutes respectivelv, to be stationed on theKurile, Cienniandcr, and i'ribvloti" Islaiils. In the note, of which yon inclose a copy, Mr. Olney criticises at length the figures rel.itnig to liie cai.-li ol' se,d-< in succcsmvc years, which wer'' given in tl'.c despatch to Sir .1. I'aiincetote of the 17th May. Those (ignrcs, as Mr. Olney states, were taken irom the C:ina(ii:m Oliicial Ki'turn-;, the estimate of the total ealch of IS'.H (Drirsli and AfUiricnn^ l)eing that of the Uritish Behring Sea Commissioners. The statement that • Sic No. 'JD. 33 )bt.iiniii;r from jposeil in the itiiincd in my of Secfretary m my note of bited, or that whicli is pro- April, 1894, and the Seal 'xpcrts on the ins landed at results found me, a -.quest ted Stales be tes or B.'v.s'i 5ea, «;] - .|i. istinct under w the previous n/ iSecretary. /// 22, 1895. r the Colonies, 1 of the I2th the agrcenieut nt, stating tliat V of the Order ' application of us rocjtiirecl in tion talvcn was 1)0 identity of uinstances, be LISBUilY. '.'/ -!», 1S»5. y of State for v ;io&;d from {ussiii, Ja|),in, , MMdlVibylot{" h the figures !c despatcli to !, were taken 1S!)1 (T.ril^sh itateinent that a small part of the catch of 1891 was actually made on the Asiatic side uf Behring Sea will be referred to the Canadian GoTernment for verification. With this object, you should furnish the Governor-General with a copy of .Mr. Olney's note of the 24th ultimo, and you may inform the United States' GoveriuiKnt tliat steps are being taken to investigate this particular point ; but you should state, at the same time, that in any case their criticisms do not appear to invalidate the contention of Her Majesty's Government, that there has been no such alarming increase in the pelagic catch of seals on the American side as to iustify any extension of the Regulations solemnly laid down by an International Board of Arbitration, for a fixed period of five years, after an elaborate examination and an exhaustive discussion of the voluminous evidence presented on both sides. Nothing but. the absolute concurrence of the two Governments in the necessity of a change, based on new and undisputed facts, could, in the view of llcr Majesty's Government, justify any departure from the Regulations prescribed by that Tribunal before the time appointed under the Award for their revision, should such revision then be called for. You should point out that even on the figures given by the United States' Government, the catch of 1891, on the American side, was practically the same as that of 1894, and that the greatly increased dexterity with which tiie sealers are credited, and especially the fact that the bulk, of the catch was made with spears instead of fiie-arms, justifies the conclusion that the catch of 1894 was secured at less coat to the herd than that of 1891. You are authorized to state, ia reply to Mr. Olney's note, that Her .Majesty'.-. G.nern- ment cannot recognize that Russia und Japan have any interest in the seal tisliery on the American side of the North Pacific, and that they cannot therefore taUe part in any inquiry on the Pribyloff Islands in whicli those Powers are associated, but that they are ready to appoint at once an Agent to inquire conjointly with an Agent of the United States alone, as already proposed ; and they would also be ready to consider any re(|uest from the two Powers concerned to join in an inquiry on similar terms with Rusiia and Japan respectively in the Commaader and Kurile Islands. I am, &c. (Signed) SALISBURY. No. 22. . - ,. The Marquess of Salisbury to Viscount Gough. Mv Lord. Foreign Office, August IG, 1S!I."). THE Earl of Kimberley, in his telegram of the 9th May, reejuested S r J. Pauncefotc to inform Mr. Gresham that Her Majesty's Government were unwilling to renew the Agreement with the United States of the l'2th j\Iay, IsOl, relative to the sealing-up of arms on board sealers during the close season in 15chring Sea, because the possession of arms was not contrary to the Award of the Paris Triljunal of Arbitra- tion, and because, as proved by the seizures of the " Wanderer " and '' Favourite," the Agreement had not in practice worked for the protection of British ncalers from unnecessary interference. His Excellency was also requested to remind Mr. Gresham that United States' naval officers have no right to seize British sealing-vessi'ls except under the Order in Council for oQenccs against the British Act of Parliament which embodies the Awnrd Regulations. Tlie circumstances in connection with the seizures of the " Wanderer " and " Favourite," above referred to, have been most carefully considered, after sdine delay occasioned by the necessity of obtaining full information, including Reports from Admiral Stephenson, the Commaiuicr-in-chief i i lent's Proclamation.' e of his grounds of protest being that the gun and ammuni- of the mate, and had been hidden without his orders or said that he was making direct for St. Paul, a port in The master jiro „' tion were the private 'jj. knowledge. The master jo United States territory. Admiral Stephenson, the Commander-in-chief on the North American Station, having, after due consideration, come to the conclusion that the vessel could not be successfully prdsecuted, decided not to take proceedings against ^er, and directed that she should be released. The vessel, however, was unable to complete her voyage, and the master, on behalf of those interested in her, advanced a claim to the amount of the market value of 1,000 seal-skins, 230 dollars on account of damage done to guns through sealing up, and 120 dols. 50 c. paid for provisions, with interest to be added. The "Favourite" was seized by the United States' war- vessel "Mohican" while sealing in Bchring Sea during the open season. There were no fire-arms on board with the exception of one rocket-gun, to be used for signalling purposes, and this appeared on tlic ship's manifest, signed by the Collector of Customs at Victoria. While the schooner's papers were under examination by an officer of the " Mohican " the master produc(^d tlie signalling-gun and placed it on the table before the examining officer, who expressed himself satisfied, and entered the following in the schooner's log :— " Boarded the ' Favourite.' Found log correctly kept. No violation of Regulations, as per log. One shot-gun unsealed." The " -Mohican " steamed off about 2 miles, but returned. The same officer boarded the " Favourite " again, and ordered the master to take the schooner's papers and the signal-gun on board the " Mohican." There he was informed that his vessel was seized for having fire-arms on board. Lieutenant Wadhams, who w.as in command of the " Mohican," stated the grounds for seizure to be that the vessel had on board a double-barrel shot-gun, which was found upon trial ultimo, it is desired by United States' Government tiiat Counsel represent'ng their Government, in cases such as those referred to, receive permission to examine the pleadings, be present at trials, to make to the Government Counsel such suggestions as may seem necessary for protecting the interests of the United States, and for the proper enforcement of the Paris Award. It is, of course, understood that in similar cases before the Courts of the United States like; courtesy be extended to Counsel representing British interests. No. 27. Viscount Gough to the Marquess of Salisbury. — {Received September 21.) My Lord, Newport, Rhode Island, September l.'J, 1895. WITH reference to Sir J. Pauncefote's despatch of the 21st May and to previous correspondence respecting the refusal of Her JNlajesty's Government to renew the arrange- ment for ])lacing under seal the arms and ammunition carried by British sealing-vessels, I have the honour to transmit herewith copy of a note which I have received Iroin the Acting Secretary of State on this subject, inclosing a Report addressed to the Treasury Department by Captain Hooper, the Commander of the United States' patrolling fleet in the Behring Sea. Captain Hooper states that the masicrs of twenty-eight British sealing-vessels, at one time assembled in Dutch Harbour, formally applied to him to have their arms J proceedings, ■•) ist 19, 1895, 's despatch of respect to the Great Britain, Kurile, Com- ■ Her Majesty's &c. GOUGH. r'2l.) iber 7, 1895. ;he Secretary of spatcli of the of tlie British , &c. GOUGH. her 24.) ber 23, 1895. o, it is desired iment, in cases be present at n necessary for nt of the Paris le United States t21.) ')er 13, 1895. nd to previous u\v the arrange- seaiing-vessels, eived Iruin the :o the Treasury trolling fleet in seaiing-vessels, ave tlieir arms 37 placed under seal, and were unanimous in recognizing the advantages of such a measure. Mr. Adee observes, however, that Captain Hooper, acting in accordance witli his instructions, declined to accede to their request. I venture to call your Lordship's attention to thi- statement at the conclusion of Captain Hooper's report, viz., that seals arc not unCrc'ijufntly, when killed with spears, found to have gun-shot wounds |)r('viously received, and that these wounds un the skin migiit raise a presumption that tire-arms had been ille;;ally used by their capturers, unless the innocence of the capturers were made nianilcst by the arms on board being under seal. I have, &<;. (Signed) GOrOH. Inclosurc 1 in No. 27. Mr. Adee to Viscount Gough. Mv Lord, Department of Stale, IVas/iinr/ton, September 11, IMt.'). IN connection with the Depaitment's note of the I8th May last to Sir J. Pauncefote in regard to the action of tlie Government of Great Britain in rcfasuig to permit British seuling-vcssels to have their arms and equipment |)laced under seal by naval nflicers, I have the honour to transmit herewith an extract of a repoit to the Secretary of the Treasury from Captain C. Hooper, commanding the United States' patrolling fleet, dated Dutch Harbour, .Alaska, 8th August, 18!)5, in which lie states that at one time during this season there were twciity-ciglit British sealing-vesscis in the harbour, and tbixt they formally applied to him to have their arms and equipment placed under seal, but that, acting in accordunce with his instructions, he declined to accede to their request. In view of the fact that the British Government has communicated to that of the United States its refusal longer to permit the sealing-up of arms and equiptnent on seating- vessels on the ground that such arran2;ement had not worked satisfactorily in practice, I desire to call to your attention the further statement of Captain Hooper in this report, that said British masters were unanimous in their desire to have their equipments placed under seal, stating that the refusal of the British Government above referred to had exposed them to unnecessary risk. I have, &c. (Signed) A. ADEE. Inclosure 2 in No. 27. Captain Hooper to the Secretary of the Treasury. United States' Revenue-cutter Service Steamer " Rush," at (Extract.) Port of Dutch Harbour, Alaska, August 8, 1895. FORTY-SIX sail of vessels were at anchor in Dutch Harbour, mcluding the seven that arrived previous to our sailing. These were boarded and examined by the " Rush " and " Grant." Thirty-nine proved to be sealers^eleven American and twenty-eii^ht British. Of these, six American and twenty-seven British vessels were fro.n their home |)>'rts ; while five Amcricatj and one British vessel were from the Japan coast. .•\11 vessels from their home ports were without guns, having take.T the p -ecitution to leave them behind. Several of the masters had a revolver, which they desired to keep for self-protection. • « t • * • The masters of the British vessels applied to have their s|)ears, guns, and revolvers sealed up, but were refused. There were so many expressions of dr; P.- r:,' 40 inquiry or not. So acting;, they seem to liave held that the statements of the United States' Connnandcrs, as well as the facts developed hy their own investigation, failed to show even probable cases of violation of the laws for the preservation of the fur-seals, ?a8sed ill puisuance of tlie Award of tlic Tiibunal of Arbitration at Paris under the reatv between the United States and Great Britain, conchided at Washinstoii 29th February, ib!)2. (See Act of Pailiamcnt, 'JSrd April, 1894,57 Vict., cap. 2, .'Jl L.R. Statutes 4.) The statements made and delivered by tlie United States' ofTicers were to the effect that prohibited ami unsealed fire-arms, toi^cthcr with larf,'() numbers of seal-skins, were found on board tlie seized schooners. In the case of the " Wanderer " at least there were other circumstances of suspicion, such as evasion and concealment. Tlie alle.ijed defects in these statements were that they merely set forth as f,'rouiids of seiaure the facts above stated, but did not specifically assert that seals had actually been taken contrary to law. In other words, considering the statements as pleadings, they set forth mere evidence and not the ultimate fact. I find nothing in the British Statutes, or in the orders and instructions issued for the due execution thereof, whicii recjuires any formal charge by officers making seizures. "An indorsement of the grounds on which it was seized" on the certificate of the vessel is required when it is returned to enable tlie vessel to proceed to port for trial (57 Vict., cap. 2, sec. 2 (1). Section 12 of the Act of Congress, authorizing seizures of Americin shijjs by British officers, provides for the delivery with the ship of " any witnesses and proofs on board." (Act approved (ith April, 1891, 2S Statutes, 52.) The instructions of the Secretary of the Navy to the Commander of the United States' naval force in Bchring Sea, dated 4th May, 1894, a copy of which was sent by the Secretary of State to the British .Minister (Senate Ex. Doc. (57, oSrd Congress, ;5rd Session, p. 124), required the Commanding Ollicer making the seizure to draw up a eis canglit in the act. In all other c.ises action must depcntl upon evidence and indications This was recognized by tlie authorities of hgth countries. Sec Instructions of Secretary of the Navy, supra, y. I'Jfi, wliich adopts from " Instructions to Urifish c,"nisers as to sei/.ure " sent by the Uritish MinistiT to the Secretary of State (Senate Ex. ))of. niipni, 116) the followim; : " Whether tlie vessel has been engaged in Imntiiii; you musu judi^e trom the presence (jf se.d-skins or bodies of seals on board, and other circumstances anri indications." The possibility of mi>t;dvcs in such ca'JCs is well known. Certainly it could not liave been intended by Great Hritain to have liabilitv lor wrongfid seizures by American officers depend upon any ditiVrent rules from those expressly made applicable to seizures by its own. These are merely the rules of the common law in the analogous case of groundless arrest or prosecution by the civil authorities. There is no liability in any ease where reasonable grounds for the seizure arc shown, even when the Court has discharged the vessel. (Second Schedule, supra, sec. 103.) The schooners in (juestion, having been seized by due authority, have never been lawfully discharged. It is not even suggested that the American officers who made the seizures did not act in good faith, and they seem to have acted on reasonable 'rroiinds of suspicion. My o|)inion, therefore, is that the .Secretary of the Treasury is right in holding that there is no liiil)ility for damages on account of such seizures, assuming that there was, in fact, no violation of law by either (A the schooners seized. While voluntary release b\ the seizing officer might dispense with juilieial dis(;liarge as one of the conditions of liability, this would result only because such release would be an admission of ii\uocencc. It will hardly be claimed that the release by Uritisli naval officers operated as an a-huission by the American officers wiio made the seizure. A'erv respectfullv, (Signed) JUbsON ILAiniOX, No. 31. Sir J. Pauncefote to the Marquess of ISalisbury. — {Received I'ebruar;/ 20.) .My Lord, Washinijton, Februnnj 11, 180(J. I II A VI'. the honour to forward herewith to your Lordship cofiy of a note which I have received from the vSecretary of State, containing a request that ller Majesty's (iovern- meiit will notify the British Columbian sealing-vessels to keep a record of all nursing female seals killed durinir the coming season in Hehring Sea. I have forwarded copy of the above note to the Governor-General of Canada, for his E.xcollency's information. I have, &c. (Signed) JULIAN I'AUNCErOTE. ivcstigation in nay revoke his [nasi 42 Inclosuro in No. 31. Mr. Olnei/ to Sir J. Piiunrefnie. l!xc('!l(>iK'y. Department nf SUitr, Wnshimjlon, Februnrtj 0, \H)i^. I IIAN'K the honour to i-e(iiie»t, in \\v\s ot a Itttei- (Vom the Secrt'tary of the Tiiusuiy of the 3rcl instant, that llcr Majesty's Government will notity tho British *JohMiil)ian sealinf^-vessels 'u keep a record of ail nursint; female seals killed during the isist tlie Treasurv n,.'part!n('nt in ci-rtaiii inve-ti;ralions it i> iiDuiiiakin.:. showing' the di-taiiee Iroui I'ribyl 'tl" blauds fi'uialc seals go lor food, ieaving then- young on the islands. It seems needless to add that the eo-0|iHratioti ot the liritish ( ioverniucnt will he of material assistance to tlie Treasury Department in proBccuiiug its investigations. I am, &c. (Signed) JUCnAllD OLXKV. No. 32. The Mtinjupus of Sdlislnir]/ to Sir J. Potincrfote. Sir, Foreign Office, Fel,ruari/ 21, 189(5. l>l'inN(jI the sealing season of 18'Jo complaints have been made against the proceeilings of the United States' revenue-cruisers in searching and seizing British vessels with' ut .sutlicient cause. You are aulliorized to communicate to the linited States' (Government copies of the inclosed letter from tlie Collector of Customs at Victoria of the loth October, witii the dcclarati also been informed that the United States' naval officers considered themselves authorized by their instructions to board indiscriminately all Britisli sealers. Voiir Ivxcellency will observe from tUe foregoing summary, that the complaints of the >e,iliiig-vessels against the United States' revenue-cruisers belong to three different categories : — I. The seizure of vessels for alleged offences on evidence obviously insufficient. li. The exercise of the right of scarcli in cases where no suspicion exists as to an olfenee having been committed. :\. Vexatious and inquisitorial interference. "With regard to the question of seizure, it has been notified to the United States" Government on several occasions that the United Sta es' cruisers are only empowered by the British Order in Council to seize British vessels contravening the provisions of the Britisli Act of Parliament, which contains no provision similar to Section 10 ot the United States' Act, and that the United States' naval otlicers have therefore no power to sei.'.e Britisli vessels merely on the ground that they have scaling apparatus or iuililemeiils on boar!. Tiie British Act of Parliament only gives a power to seize where ail (illi'iicc Ii;w lam rojiimittcil. i\'i,| tlic f)^!!'!- in ( omwil MUtliDrizis the seizure anil ilottMiiinii of any I'.ritisli vi>>~rl wliicli lin> ln-'omo iinhlf to In- I'orfoitid. V.:\-.i liy tin- Uiiiteil States' law, no ^'oiiiTal i)o\vcr is conrorrcd to board niid scarcli vessel- uitliout spccilic frronnds of >usi>ici(in. I have nhvadv ri'(|iiested your Kxcrllino. in my despatch of the '2'lh Scptcinhcr last, to inform" the United States' d'ovorninont that i{riti-li naval otliccrs will in futnro doclinc to take over any l>iiti>li ve-sil seized 'ty an Anu'rii-an cruiser unless the declaration al!eg;.s a spccilic otrcucc which is a coniiavcntion of the Hrifisli Act of I'arliament. There appears to have hecn some misconoeptiou on the part of th.e I'liito-i States* naval oflicers, wlio have attempted to apply I'nitcd States" hn\ to British vessels, as \h >hown hy the clearance certificate i-nnited to the " K. H. Marvin" hy Lieutenant Carmine. United States' navy, in wliieii the Proclamation of the IVesideiit and tlie United States' Ke^julations are (pioted. A copy of this certiticate is inch^sed. It ^liould lie hroufriit to llie notice of the United States' (Jovernment, witli the request liiat tlic naval oliicers tnay lie informed that their powers, as far as Brilisli vessels are concerned, exist solely in virtue of the British Act of I'arliai. iMit, and the Order in Council issued under it. and are restricted witldn tiie limils of tlu.' provisions hy which those powers are therein defined. The exercise of tlie ri;;ht of search is likewise sii''iect to restrictions. 'I'lie Act of I^arliament contains no section enaldinj; an otHeer to stop and examine any vessel such as existed in the Seal Ui>.iiery Acts of isOl and 18!».'. 'I'll- Arhitration • Award re(|uired that the offences si)ecified in .Articles I and 11 should he proliiMted. hut did not recpiire any preventive action hei'ore the commission of the oflence. If an otiicir has rcasojiahle cause to suspect a vessel of having committed an ollence it is o|)en to him to stop anil examine her. hut he is clearly not . justified, in llie ahsenre of any specific ground for suspicion, in stopping and examining every vessel he meets as a purely precautionary or preventive measure. In any case, tlie vexatious and uncalled-for interference reported during the past season gives just cause for complaint. Amongst the points agreed to )»y tlie Secretary of the Treasury with reference to the instructions to tlie United States' naval otlieers in May U^it-t were the following: — That the masters of the sealing-vessels should be protected from inquisitorial examination; that no sealing-vessel should he seized hy reason of the ab.sencc ot a licence o: ot fishery implements being found on hoard ; that the United States' naval instructions as to the mode of dealing with sealing-vessels should !)e similar to the British naval in.struetions ; and that the naval olticer who examines a sealing-vessel shall leave a certificate with her master for his protection against interference. These provisions, which hid special reference to the arrangement for sealing-ui> arms In 189 !•, show the spirit in wliich the iiistrut lions for carrying out tlie A\iard were issued, and it is essential that an international Agreement involving questiims of so delicate a nature sliould he administered with mutual forbearance and moderation. Her Majesty's Government feel sure that it is not the intention or desire of the United States' Government that men engaged in a perfectly legitimate occupation, who, according to both British and American reports, are most anxious to observe strictly the Regulations imposed for public reasons on that occupation, should he treated as it they were continually engaged in trying to evade and break the law, and subjected to unnecessary loss an«l trouble. Tlie right of searching Britisii vessels was conferred on United States' officers on the assumption that they would exercise their powers with the same consideration as would in like circumstances be shown to such vessels by Her Majesty's naval officers, and Her Majesty's Government have no doubt that, when the matter is brought to the notice of tlic United States' Government, they will issue sucli orders as will put an end to an ir.tcrfercncc with Britisii vessels on the high seas, which has given rise to so many complaints, and which is not warranted by the provisions of British law. Your Excellency will address a note to the United States' Government in the sense of this despatch, and make such further representations as you may deem advisable. I am, &e. (Signed) SALISBURY. [638] G 2 ■xci'ptioiis. lakinir llio salt. 41 Tnclosurc 1 iti No. ■V2. Customs. Cuuaild. Virloria. lirltisli Columbia, Sir, Orlnbrr 1."., lb'J5. I IIAVI, the lidji'iur fo I'orwai-d licrcwitti, for your itit'ormation. a statement f^iviii;; t!i(! iiamo of the sealiiiL'-vi'>v;i'ls, tlie latituile airl loiiu'itiido of each at t'le timi- the sclioojiers '.ven- buiinled in Jirliriin,' S.-a wiiiie eii^a^'cil in scal-liNliini^' outside of the (10-niile zone roiiiid tlie rrilnlolV Islaiuis. I i)ei' to sav tiial ail the vesse's have not vet returneil. tlien> hoiii:,' eii^-lit still out. All those that have arrived report haviiiir lieeii hoarded, with only three The l)oai(iinir olllcers eertilied on tin' oiricia! lotr-hook tlu' time of position of tiie \essrl, and also tiie nunihei- n\' seal-skins tiien on hoard. 'I'he examination of tlie seal-skins and thoopeniuLr out of thoni, from the skins, tossing and heaviie.; them aboid the hold of the vessel, and leavinii; the skins on each occasion without salt, and at no time offerini,' to repack the skins as thev found them, seems to I'c the only cause of complaint of tin.' majority of the mastiM's and ercws during' their voya;ie (o lielirinL; Sea tliis year. There wer.- only ''.vo sclioum-rs seized in Hehrini^ Sea for alleged contravention of " The IJehririi,' Sea Award Act. lS!)t," vi/. :— Schooner " Heatrice," of Vancouver, British Columbia, Louis Olsen, master, seized in latitude .")"» 1' iu)rth, loni^itiide Kih o.V west, by I'nited States' shij) '• J>ush," for liOt enteiT.if^' catch of seals in her ollicial lo!^-l)ook. Schooner ' K. 15. Marvin," of N'ietoria, JJritisli Columbia, seized in Behriii;: Sea by the United States' ship " Hush," in hititude 5(i 'Jb' north, and ltinLi;itudo 172° o!)' wst, i'orviolati(m of Ai'liclctiof the Herniations of the I'aris .Vward, that is, for liavini; one skin which a))]iears to have a shotlude in it. At the time of seizure the " 1'^. \\. ilarvin " had (»n b >ard 8S() fiu'-seal skins. 'J'hest! sidiooners that have returned liav(> all obtained fair eatciies, l)nt on the whole ison will he about 2;J,000 short of last year, owing cliiclly to an coast catch and on the coast of Japan caused chiefly by the entir(> catch for the se; the small British Columbi stormy weather. Those vessels that were boarded in IJehrinir Sea d uring the jiast season will not V sutlered loss likely, I think, present any claims for detention, as none actual All the skins on being landed wen> found to bi' in cxcvlleiit condition, and the |)rice paid here for each skin has been 10 dol. 50 the month ot December 1S5)3. 2. That the s,aid schooner left tiie j)ort of Victoria on the 2')th day of Januury, A.l). ISO.'*, bound for the west coast, and remained sealint: until the JJOth day of .Vpril, A.l). 1KU5, when the sjiid schooner returned to the said jioit. 3. That the said schooner, with a crew of seven whiles and twenty-one Indians, left for I'ualaska and Hehring Sea on the ITitb day of June, .\.i). 181).'), and remained scaling until the 18th day of Scptemlier, I si),'). t. That the .said schooner, when i learing from the port of Victoria, had uo shot- m guns nor villes, nor shells, nor ammiinitiuii ol' ;uiy kind (cxwpt <>n>> lvinil)-i,'un'> on board, Imt lirul lictwceTi thirty and forty spears forthe imrpose of iiuntinir seals. 5. That the said schooner rcaciied L'nalaska on the 2()th day of .Inly, a.d. I'^iVi, and Ininiediately on arrival reported to tho Customs. While in jiort tlu' said seli<««i««r was boarded by two of the Aiui'rie;' \ i-ntters lyir.Lj at anehor, and 1 was ero'.s-cxaiiMmtd. by their ollieers >trictly a- to the nature of the voyau:f, and o.s to whar arms the said schooner earried. They appeared to be satisfied witli my replies. (i. Tliat tile said seiiooiu'r left L'nalaska on the IJl-rday of .Inly. a.d. l'^'.).'), 1) .und for the Hehriinr Sea. 7. 'Ihat o.: the lllh day of .\ntrns|, ,v.i>. iSDo. the said scliooi\er was hoarikd by the United States' reveiuie-eutter" Grant," and a;;a in -t my wis'a se irelie;! by her ollieers. The catch of skins, numbering' -I'K wiiich had been carefully silted and put in tlie hold, were pulled out of the salt, and left scat'crcd in the hold. The otlicers volunteered to have the skins replaced as they \\rv<; but as 1 iiad no contidenec in the man tendered, from luy own previous knowiedi^e of him, 1 was obliLTi'd to decline the iilVcr, and, in I'oiiscijuence, I vras compellcl to have tiic said skins n'salled and repacked. 8. That I liavc no fault to find witii the per-sonal behaviour of ihi' .smeral oflicers of the •' Gmnt " towards m(\ !). That the said officers made the Hdlowinii- entry in my odlcial lo','b lok : — " Luliludr '>{■ 6i' v., Lnu'jitiid- KiT" oS 11'., Aiiifiist tl, 1^i).">. '•Boarded Has lltii day of Auirust, iss).",, by olli •< is from United States* revenm'-cutter " ' Jrant," anil t!ie skins on board found t'> correspond with entries in otUcial \<eling uneas-y about the third, and I wanted to lind the third canoe, as the weather looked threa.'Bening. The oflieer said he would not overhaul the skins, but would detain me to OTPrhaul tho log. lie asked me why I did i ' heave-to wiu'n s]ioket\ t >, and I replied tiiat I considered the men's lives of more lUiiiortance than his bu'-iness was, and I wished to jirotest against the assumptit)n 'iat a sealin;:-schooner must, when on the high sens. Leave-to when spoken to and suhmt to bcMug searclu'd at the will of each and every «ftilcer who boards. 12. The said ollieers did not disturb the skins in salt on account of beiu',' ealle ! on board tho said cutter "Hush," but before leaving niadi* the f'ollowin:.r entry in my otlicial log : — "Latitude 51" 17' xV., LmujUnde 1(58° 27' W , August 21, 1895. '• Boarrled, ."mtl found skins to nirree with entries in lo^r. (Siiijned) ".). Ci. l\\i.\A'SiL;^\i,'2nd Ucutcnant, Bondimj OJ/iver." l.'l. That on the 27th day of .Vugust. a.d. ISK.', Uaptain Tolger, of the .\merican sealin>,'-sehoonei- '■ Webster," visited me in latitude 51.^ fs' north, ion-^itude KiS'' .'lO' west, and in the eourse of conversation told me that he was sc/dimj m'ar the pro!iil)ite(l 7.onc of the PriliylolV Islamls. An .Vnu'rican cutter came to him about noon, and told him liis boats Mtrre inside the line, lie rei)lied that he was just taking the sun, as he himself feare; a trr.e account of the facts and circum- stance's. And I make this solemji declaration conscientiously believing it to he true, and knowing fiiat it is of the same forc(> and eil'ect as if made under oath and bv virtue of "TlK'Evidenee Act, J8!H.." (Signed) T. A. GOULD. Taken and declared before nu; at Yiet;)ila, British Columbia, this lotii day of October, a.J), ISI^'j. (Signed) JI. 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J Hill lo iiineiid (in Acl inlilh'd "An Art to prcvnl tlif E.rterniinalion of Fitr-ltearinij Animals ni Ahiskn," and /'■! oilier purposes. UK it enacted by the Senate and House of Hepicsentativcs of tbe United States of America, in Conp;rcss assembled, tbat tlie President of tlie United Slates be, and is iiereby autliorized and empowered to conclude iieijDtiaMons witii tbe Govcrriments of (ireat Britain, IJussia, and Japan, or any of tiiem, for the appointment of a .Joint Commission to consist of not more than three members from each nation, to investi,i,'ate tiie present condition, habits, and feedinif fjrounds, botii on land and sta, of tbe fur-seal herd in tbe North Pacific Ocean and in Belirin.'? S^ca, from the American to the Asiatic sliores, and the methods of elangliturinff the .same, and to consider and rejiort what further regulations, it any, on land and sea, are necessary for its I'rcserrat.ion. ]f such Commission shall deem it necessaiy to visit the shores on the American and Asiatic side of the North Vacitie Ocean, JJelning Sea, I'ribyluir Islands, Conmiander Islands, Kurile Islands, and Kobiien Island, or any other places on or near the North Pacific Ocean and liehrinj; Sea, the President may detail a ship of the United States to convey any or all of said Commissioners, with the ships of either of said other nations. The members of said Conunission lor the United States slmll be appointed by the President. In addition to their necessary e.vpcni-es, tliey shall each receive compensation at the rate of not more than ."jjOtJO dollars per annum ; a Secretary and a stenoi^rapher may also be appointed for said members of the United Statts at such compensation, in addition to their necessary expenses, as may be determined to be reasonable by the President. In addition thereto the United States shall beai' its proportion of such general expenses of the Commission as the respective Govermiients may aj^ree upon as necessary. The said Commissioners for the United States, and oilier einp!.. yes as aforesaid, shall serve until the completion of their Report, hereinafter referred to. They un\y be removed by tlie President at any time, and he may appoint their successors whenever any vacancy shall occur by death, inability to act, resiynation, or other cause. They siiall report to tbe President the results of their investigation. See. 2. That pending the investigation and report of said Cointnistion the President of tbe United States is hereby authorized to conclude and proclaim n modus rinmdi with saiu jovennnents, or any of them, providing for new regulations or suspending or altering the existing regulations established by the Paris Triliunul, or limiting the catch on the Pribylort, Commander, Kurile, and Hobben Islands, or any of t!;cm, in any maimer that iiwiy be deemed expedient for the preservation of the fur-seal herd. Said wodns vireudi, and the terms of said Commissioners, shall expire by limitation unkss previously terminated on tbe 1st day of .lannary, I8!^7. Sec. :{. 'J'liat the provisions of the Act iJpprov.d the Gth April, \H'.)H, providing punishment by tine, imprisonment, and ferrc'iture of vessels for violation of the articles of Award of the Tribunal of Arbitiation, aie hereby nu.di applicable to all violations of modus rivi'iHli herein provided for ; and it shall be the duty jf tlie President to make known by Proclamation tbe provisions of said modus vivendi See. 4. 'i'hat all needful expenses incide.ital to ti;e a|ipointment, investigation, and re|)ort of the said Commission, as herein provided f)r, shall be paid by the Secretary of the 'J'reasury out of any moneys in the Treasury of the Ueiled States not otiierwise appropriated, which amount is hereby appropriated. *^r('. .'). That it tlic iiiiiiliis 'irriidi autlion/.[.iason, then the Secretary of tiie Treasury, with the aijprov.il of tiie President, is hereby authorized to take and kill caeii uud every I'ur-seal, male and fen. ale, as it may be found on the I'ribyb IF Islands; the skins of said seals to be sold by him to the best advantage with nirard to tin:e and |)laee of sale as ho may elect, and the procei ds thereof eovered into the Treasury of the I'nitcd States: I'rovided that all neetll'ul expenses incident to the thorough performance of tins work of kiilinu' seals, pre^ervinj^ and trans|)or;ation ot >kins, erection of necessary buildings, employment of labour, care otthe Sea Uland and l'iib\lort' natives, incurred by the Secretary of the Treasury shall be paid by him out of any moneys in tho Tri'asury of tiic United States not otherwise approjiriatcd, which anionnt is iiereby appropriated : I'rovided also that nothin',' in the Revised Statutes, sections numbered lUfiO and 19(51, contained, shall prevent tlie Secretary of the Treasury from exeivivini; the authority herein conferred upon iiim to take and kill said seals, but otherwise said seetiouA shall remain in full force and operation. Inclosure 2 in No. o.'j. IjUIi Coiitjress, Isl Session.- Itcjiurt .\o. 151. irousE OF Ri;Tiu:si:NT\rivi:s. Fuu-BEAiirxr, Animals ix Alaska. Fchmuij •!(), 18!)(5.— Conirnittod to (lie Commitl(!c of the v.liolc House on the state of the Union, and ordered to be printed. ^Ir. Dinglcy, from the Committee on "Ways and Means, submitted the following Report. [To aceompany II. R. 320(5. 1 Tlli'i Committee on Ways and Means, to whom was referred the IJill (|[. U. ;\20fi) to amend an Act entitled "An Act to prevent tlio lv\termination of Fur-bearing Animals in Alaska, and for other purposes," have eon.sidercd the same, and beg leave to report : — In order to prevent the extermination of fur seal<, wiiich will soon take place iiidess prompt nieasurcs can Ije taken to prevent pelagic sealing, this Rill authorizes the Presidcni to invite Groat Rritain, Rus>ia. and .lapaii, or any of them, to unite with the United Slates in the appointment of a joint ("ommissioa to investigate the present con- dition ami habits of the fur-seal herd in tho North Pacific f)cean and in Reining Sen, rnd the method of slaughtering the same, with the result of such [daughter, and report wha." further llegulations, if any, arc necessary for its iireservation, with a view to their adoption and enforcement by the countries uniting in creating such Coimnission. Pending this investigation the President is authorized i.) conclude a. idikIuh rinndl with Baid (Jovcrmncnts, or any of them, providing for such new or additional Regulations as may he doomed expedient for the proervation of the fur-seal herd, and modus vivendi to terminate on the 1 st January, 18t)S. If, however, tho President finds himself iiuablo to secure the co-operation of Ctreat Britain, especially in securing the inodus rin-ndi authorized by this Rill, so as to protect and preserve the Alaskan seal herd for this year's sealing seasoii, then the Secretary of the Treasury is aidhoriy.od to take each and every lur seal on the Pribilolf Islatids and to sell the skins as he may elect, and to cover tho proceeds into the Treasury. The necessity for this course arises from tlie fact that the Alaskan fur-seal herd i» beiu" rapidly exterminated by pelagic scaling-vessels — mainly Canadian— which follow ° [(538j U 2 V; the seal herd as it moves aloiij^ our Pacific coast in the spring and enter Hchrinfj Sea at tlic end of the close season in Aufrust, wlien tliev are free under tlie incll'ectual Rejiula- tions ado])ted l)y the Paris Tribunal to use the ^pcar, more deadly than the shot-f^un, in killing, outside tiic (iO-milc zone, the seals (hat frequent these waters in pursuit of food. As these seals are mainly females that have "orought forth their jitur.g on the Pribiloif Islands, the killing of the mother seals results in the starvation of the young upon the land and the inevitable rapid extinction of the I'ur-seal herd. The rapidity of the decline of the valuable herd which annually resorts to the Pribiloli Islands of .iilaska. mainly on account of pelagic sealing, will be seen when it appears in 1874 this herd numbered about 4,(19:3,000. In 18;>0 the herd had been reduced to l,0a9,0U(>, and at the close of the season in 1895 to about. 17r»,r)00 — 14,000 seals, mostly females, having been killed during llie last season by pelagic sealers, and about 30,000 pups having died of starvation in consequence of the killing of the mother seals. One year ago it was the estimate of experts tl.at if all killing of seals had been stopped then it would take live years to restore it to its former numbers. It is now estimated that if H(>gulations can be secured before the next season opens, the herd can be restored in ten years. If, however, the pelagic sealers are permitted to avail themselves of another sea.son's opportunities for slaughter under the inellectual Rcgulaticms of the Paris 'J'ribunal. it is Ijciieved by experts that the herd will be so nearly exterminati'd as to make it very difficult to restore it ; and that if ])elagic sealing continues, within five years not only the Alaskan herd, but also the IJussian and .iapanese herds, will be well-nigh extinguished. *Vlien it is borne in luind that our Government received about fi,000,()00 dollars between 1870 and 1890 from tlie lessees wlio were given tlie exclusive privilege of annually killing 100,000 male seals above one year of age, and in 1890, under the new Jease, 209,(573 dollars ; but in 1891 only 1G,719 dollars, and in 1892 only 2;J,972 doll.irs, and since 1892 it has reeeiveci nothing (notwithstanding 505,(100 dollars is due) because of a claim of the lessees for a reduction of rental which awaits determination by the Courts, it ^^ill be seen that tlio Treasury is being deprived of a very valuable source of revenue by the operations of the pelagic sealers. Not only this, but the Ciovernment expended in 1894 about 4.')0.000 dollars in a vain attempt to prevent the killing of seals in Ik'hring Sea by enforcing the inctficient Regu- latiims of tliL- Paris Tribunal. It will be a;en, therefore, that unless Great Britain can be ])ursuadetl to unite with this country in so modifying and enlarging the Regulations adopted by the Paris Tribunal — for Ivussia and Japan are ready to join us — the Canadian pelagic sealers will within five years completely exterminate not only the Alaskan, but the Russian seal herds, and deprive this country of a valuable source of revenue and the world of a great boon. And inasmuch as all these seal skins go to London to be jjrepared and dyed, giving employment there to nearly 50,000 persons, even Great Jhitain herself will be deprived of a valuable source of income for her own people. It is believed that it is Canada that is standing in the way ami holding back Great Pnlain from co-operating with us in the preservation of the seal herd, and that when Canada sees that we propose to lake summary measures to end not only the inhumanity that consigns thousands ol" young seals to slow starvation, but also the farce by which we nrc expending large sums of money to police IJehring Sea i)ractically to aid her pelagic seah'rs in the work of exterminating seals, she will no longer endeavour to prevent England from uniting with us in elileient measures to save the seal herds to the world. If, however, we fail in this, as we have failed under present conditions, notwithstanding we have been urging Great Ihitain for more than a year to unite with us in measures to preserve seal life, then eonsideralions of mercy as well as economy and justice tlemaud that we should stoj) the further cruel starvation of thousands of seal pujjs by taking what seals are left and disposing of their skins and covering into the Treasury the protecds, which would probably reach 5,000,000 dollars. Your Committee therefore unanimousiv recommend the passage of the accompanying Bill. i 68 No. .Tt. Sir J. Pntincpfoto to thi- Mdriiurss of Salisburi/. — {Rrreivnl March 21.) yiy Lorn, Washington, March 12, I'^'M. I llAVK the lioiioiir to forward hercwiili to your Lonisliip copy oC a nolo wliicli I have nciivfil lioiii tlic I'liitid Stutes' Sicrctary of iftiitL- i-Lspcctini; the threatened extinction of the seal lierd on the l'ril)yio(r Islands. ^Ir. Ohiey states tiiat tlie Spiciul Agent in chnrsjc of tiiosc islands reports that "by actual count 28,000 seal pups died on the IVibyloff Islands durinj; the past season from starvation, their mothers havint; been killed at sia." He also (haws attention to the uiiprecedentedly large catch of seals in Hehring Sea durini; tiie past season, and he adds that it is believed that another catch of (similar size for the comini; season will almost completely exterminate the fur-seal herd. Mr. Olney points out that while, lor the reasons given by him, there was a small falling oil' in the total catch of last season in the North Pacitie and Hehrini: Sea as compared with the catch c.f 18!)4, on the other hand, the c;itch in Hehrinji Sea increased very lari:ely in ISii^, as shown by the figures given in his note. In bringing these facts to the attention of Her Majesty's Government, Mr. Oiney expresses the bo])c that they will realize the absolute necessity of consenting lor the coming suison to some further regulation regarding the fur-seal fishery, to the end that the valuable herd may be saved from total extermination. Yoiu' Lordship will observe tiiat no action is now proposed by the United States' Government in conjunction with Russia and Japan, or otherwise, for a revision of the I'aris Award Regulations. But in view of the alarming destruction of the seal pups from starvation on the Pribyloff Islands owing to the excessive killing of the mothers at sea, Her Majesty's Government are urged to give their consent to some new regulation applicable within Behring Sea, which shall obviate a result ecpially calamitous to the interests of both countries. Assmning the facts stated in Mr. OIney's note to be undisputed, bis present proposal docs not appear to conllict with the views expressed in your Lordship's despatch to Viscount Gougli of the 29th July, IS!).*), as regards tlie circumstances which would justify a departure from the Regulations prescribed under the Paris Award. I have transmitted a copy of Mr. OIney's note to the Governor-General of Canada. I have, &c. (Signed) JULL^N PAUNCEFUTE. Inclosurc in No. 31. Mr. Olni'n to Sir J. Pauncefntr. Excelloncy, Dppnrlmenl of Slati; Washington, March 11, 18t)0. IN connection with previous correspondence upon the subject, I have the honour to advise vou of the receipt of a letter from the Acting Secretary of the Treasury of the 6th instant, wherein he states that according to tin; last annual Report of Mr. .1. 1>. Crowley, Special Agent in charge of the seal islands, it appears tli.it, by actual count, 28,000 seal pups died on the Pribylotf Islands during the past season from starvation, their mothers having been killed at sea. A careful estimate, based upon a partial count, places the number of pups which died from starvation during the season of ISOt at 2O,O0j^ the^e tacts to your attention in the hope that Her .Majoly's dovernniont will realize th<> ahsoliite necessity of consentinir, for liie eoniiiii; -eason, to so^ne lurth(.'r rJi;idation rei;ardin;; the fur-seal fishery to the end tliat the vahia'ile herd may he saved from total extfrmiiiation. A-kini,' that thi> matter may he |irom|itIy laid In foie Her Majesty's Covernmont, arid that I niav lie advi-ed o( the conclusion reached tliercoii without unncccssarv delav, I have, X:c. (Si-m-d) niCirAllJ) OLNKY. No. ;■."). ,Slr J. Piiiii cffoU' to the Marqiit'ss af Sdll.sburi/, — (Recclred April. 2.) My Lord, IVashlnijtnn, Marr/i 2'.], 189G. WITH reference to your Lordship's {lespateh of the ilst ultimo, I have the honour to transmit herewith copy of a note which, in accordance with the instructions therein contained, I have addressed to the United States' Government on the suhject of tlic unnecessary interference of United States' cruisers with Hritish scalini^-vessels in Hehrini; Sen. I liavo, &c. (Sii^ned) .JULIAN PAUNCEl'OTE. fW Inclosure in No. .'>5. Sir J. Paunrefole to Mr. Oliuy. Sir. Wunhingion, March ]n, 1K()(!. IIKII .Majesty's (iovernment Iiave had under their consideration lleimrts from British officials respectiiii^ the sealing season of 1895, in which complaint is made of the proceedings of the United States' revenue-cruisers in searching and seizing iirifish vt-- els without sufficient cause. I am directed hv Her .Nhijesty's Principal Secretary of State for Forei;;n Affairs to communicate to your Government the inulosed documents, and to submit the ibilowin"' observations thereon. 'I'lie documents consist of — 1. A letter from the Collector of Customs ac Victoria, of the 15th October last. 2. A Declaration of Isaac A. Oould, master of the sealing-schooner " Kathcrine," detailing; the methods of boarding and searching vessels, and of the examination of seal- skins. .'5. \ Statement of the names of British vessels hoarded by United States' j)atrol-vcsscl3 during t!ic season 1805 outside the GO-mile zone round the Pribyloff Islands, with the latitude and longitude at the time of each visit. -I. Copy of a clearance certificate issued to the Hritish sealing-vessel " E. B. ,\hirvin,"' by Lieutenant Carmine, United States' .Vcting Customs Officer at the Island of Attou. It ajjpears from those papers that out of tiventy-nine vessels which had then returned Iroin Hidiring Sea, no less than twenty-six had been boarded by United States' otlieers, and ^hese, in the aggregate, eighty-two times. The average was, therefore, more than three boardings (or each vessel, and in one case, that of the " Sapphire." the vessel was boartied six times in the course of twenty -four days. In nearly every instance the 'f stal-sKins were ovcilirnilnl. and lA.ir.'.iiud and li-il in . mil'ii-ion, and on cacli ii(Tn-.iiin thev had to Ik- rep.icUed in «alt liy tlie iirtt>. The ret. le.idi ol all thi-. lahmn and aimuyniieo was tlnit the er.tiies in the lou-hooU (if tiie '• I'eatiiee ' were toiinrl to he ii lew tlay» in airear, and that a liol.' was distowred in one scal-shln. out nf a cai;:o of 3s to the letter. Ilir Maje.sfy's Ciovetiinient ha\e ai-o Icm iiifornied tiiat thi' I'liited States' naval oliiccrs considered themselves authorized hy their iiisiruetiois to hoard ii'.di^erMniiiatelv ill liritisii sealers. It will he oh.',crvc(l from the rori.:uinM)ary that the ciiniid lints ot" th.' scaliiig-vissels against the Uidtcd States' revenue-eiui.-eis heloii!; to tliree ditloent categories : — 1. 'I'he seizure of V(ssels for alleiied oft'eiuis on evidence ohviously msutiicieiit. 2. The exercise ol the riyht of scareli in cases where i\o sus|)ieion exists as to an oft'enee havinjj heen corntnitted, S. \ exatious and iiupiisitoria! interiercnee. With reirard to the (piestion ot seizure, it was pointed out in a note to Mr. (ireshaiii of the .'^Oth April, l^fM, and it has since heen notitit il to your (Jovernnient on several occasions, that the I'nited States' cruisers are only cmiiowered hy the British Order in Council to seize nnii>h vessels cenlraveinii'j; the pro\i-ioiis of the British .Act of Parliament, which contains no iirovision simil.ir to section In ol tlu' Untied Slates' Act; and that the L'nitcd States' naval otiieeis have, theretore, no power to seize Briti'^h vessels merely on the irround that they have seahiiL' ajiparitns or iinpleiner.ts ou board. The Britisii Act of P;;iliainent onlv aives a power to seize when an offrnee has heen committed, and the Order in Comicil aulhoiizes the seizuie aiid detmlion ol' any British vessel which has hecoine liahle tu he forfeited. ICven hv the United States" law no general jiower is conferred to hoaid and search vessels without specific uroumfs ot suspicion. Accordingly, hy direction of the .Mari(ucss of Sali^hury, 1 had the liotiour. in a note of the 14th Octoher l,i~t,* to iidorin you that l>ritish naval olliceis would in luture decline to take over anv British vessel seized hy tm American criii-er unless tin; Declaration alleged a sjiecitic ofl"enc.', which is a contiavenfioii of the British Act of Parliament. There a|)pears to have heen some ndscouception on the part of the United States' naval officers, who have attempted tfi ap|)ly Uinled .States' law to I'.iiiih vessels, as is shown hy the clearance' certificate granted to the " E. 15. Marvin," hy Lieutenant (\ii>iiiiie, United States' Xavy, in which t!ie Proclamation of tiie Prcsldi iit and tiie United States' Regulations are quoted. A copy of this certificate is among tlie documents inclosed, and I am diri'Cted to bring it to the notice of your Government, with the ri'ijucst that the United States' n.ival officers may lie informed that tlu'ir powers, as far as Mritish vessels are concerned, exist solely in virtue of the British Act of Parliament, and the Order in Council issued und.i- it, and are rest.icted within the limits of the jirovi-ions hy which tlio.sc powers arc therein defined. The exercise of the right of scaich i> likewise suiiji ct to restrictions. The British j\ct of Parliament eon!ains no ■•eetioii cii.ihlmg an oliicer to stop and examine any ve.ssel such as existed in the .Seal Fishery .Acts of l>s!(l and 18!)5. The Arhitration Award recjuired tiiat the ofrenees specified in >\rtieles 1 and 2 should he prohihited, hut did not re(]uiie any preventive acton hefore the (Minmission of the ofTeucc. If an officer has reasonahle cause to suspect a vessel of having cominittt-d nn oft'enee, it is open to liim to stop and examine iiev, hut he is clearly not justified, in the ahscncc of any specific ground for suspici in, in stopping and examining every vessel he meets as a purely precautionary or preventive measure. In any case, the vexatious and uncalled-for interference reported during the past • Snc No, QS. ii lil 56 «cnson pi\cs just cause (or c<)ti)])laint. Ainoiii; tlic jioiiits uiiiccd to by the Secretary ol tlie 'I'rtiisury when I liad the lioiiour to (ii>cus,s the subject with hini by desire of Air. (I'rcsham, with reference to tlie instructions to tlie United States' naval officers in Mny IHiJl, were llie follovsini;: — That (lie masters of the sealini^-vessels should be protected from inquisitorial examina- tion ; that no sealiiiL'-vessci should be t^eized by reason of the absence of n licence, or of fishery implements iieiiit,' found on board ; that the United States' Naval Instructions as to the mode of dcalint; with sealinif-vessels sliould be similar to the British Naval Instructions; and that the naval oliiccr who exammcs a sealing-vessel shall leave a certificate with the master for his protection against interference. I would refiT you also to the Memorandum of arrangements agreed u])ori and recorded in my note to Mr. Gresham of the lOth Mav, 18!J4, and in his reply of the nth. These provisions, which had special reference to the arrangements for scaling-up arms in 18{)4, show the spirit in which the instructions for carrying out. the Award were issued, and it is essential tliat an International Agreement involving questions of so delicate a nature should he administered with mutual forbearance and modera- tion. Her Majesty's fiovcrnmcnt feel sure that it is not the intention or desire of the United States' Cjovcrnment that men engaged in a perfectly legitimate occupation, who, according to both Hritish and American reports, are most anxious to observe strictly the Uegulations imposed for public reasons on that occupation, should be treated as if they were continually engaged in trying to evade and break the law, and subjected to unnecessary loss and trouble. The right of searching British vessels was conferred on United States' officers on the assumption that they would exercise their j)owers with the same consideration as would in like circumstances be shown to such vessels by Her Majesty's naval officers, and Her Majesty's Government have no doubt that when the matter is brought to the notice of your Government, they will issue such orders as will put an end to inter- ference with British vessels on the high seas which has given rise to so many complaints, and which is not. warranted by the provisions of British law. I have, &c. (Signed) .JULIAN PAUNCEEOTE. No. -'50. Sir J. Paiincpfotr to thr Marquess of Salishuri/. — {Received April 13.) My Lord, U'ashitirjton, April 2, 1890. WITH reference to my despatch of the 23rd ultimo respecting the com- plaint made of the proceedings of the United States' revenue-cutters in searching and seizing British vessels witliout sufficient cause in Bchring Sea, I have the honour to inform your Lordship tlmt I am in receipt of a note from the Secretary of State, dated the ti.'ith ultimo, informing mc that the subject shall have the prompt consideration of his Government. I have, &c. (Signed) JULIAN PAUNCEFOTE. No. 37. The Marquess of Salisbury to Sir J. Pauncefote. (Tclegi-aiibic.) Foreiyii Office, April 17, 1890. I HAVH received your despatch of the 12th ultimo. A reply to the following efTect is being sent to you by this evening's mail : — The representations of the United States' Government have been carefully consi- dered by Her Majesty's Government, but no proof has ever been given that the mortality of pups is to be ascribed to pelagic sealing, and, in the opinion of Her Majesty's Government, the evidence docs not tend to show an imminent risk of the extermination icers in 67 of the seals. The necessity is not cstablishctl for at once imposing increased rt'stric- tions, and there would not now be time to givo effective notice of an alteration in the Regulations. The desire ot the United States' Government for all ncccssnry and i)r!ictic!ihlc measures for preventing the destruction of tlio seals is fiillj !hiired hy Her Majesty's Government, wlio propose to employ an additional LTuiser thin season on patrol duty. Notice has been issued hy the Canadian (iovornmcnt that iiursini; females should be distinguished from those which are barren in future Returns. Her Majesty's Government propose to send a naturalist from England to reside this season on the Pribyjoff Islands, and the Canadian Government likewise wish that Mr. Macoun should go to continue his investigations, 'i'liese gentlemen should reach the islands at an early date in June, and it is the hope of Her Majesty's Government that the authorities of the United States will fiiciiitate and co-operate in their mission. It is suggested that it might be possible to arrange with the Company who lease the catch to permit them to take passage by their steamer. On this point your Excellency should make inquiry and report the result by telegraph. The departure of the steamer from San Francisco takes place early in May. No. 38. The Mnrquess of Salisbury to te'iV J. Paunrrfote. Sir, Foreign Office, April 17, 1890. I HAVE carefully considered, in communication with Her Majesty's Secretary for the Colonies, your Excellency's despatch of the 12th ultimo, inclosing a copy of a note from the United States' Secretary of State, in which Her Majesty's (government are asked to agree to some further restriction on pelagic sealing in Behring Sea for the coming season in view of the alleged imminent extermination of the seal hf^rd. Mr. Olney's apprehensions on this head appear to be founded mainly on the fact that by actual count 28,000 dead pups were found in the island last year, and on the assumption that the deaths of these pups were the direct result of their mothers having been killed at sea. But, as your Excellency is aware from the exhaustive discussion of the (juestion in the Report and Supplementary Report of the British Behring Sea Commissioners, it has not been satisfactorily established that the mortality among the pups is caused by the killing of seals at sea. The date, moreover, which the Arbitrators fixed for the opening of Behring Sea pelagic scaling, and the radius within which sealing was prohil)iteil round the Pribyloff Islands, were determined after full consideration to be sufficient to protecl nursing lemales whose pups were not able to provide for themselves. It should also be borne in mind that in the Behring Sea catch of IS'Jo tlic propor- tion of males to females taken by Canadian sealers was about 45 per cent, of males against 55 per cent, of females, although the returns of the American sealers in that sea gave an average of three females to one male. In the meantime the admitted fact that the seals at sea show no apparent diminution in numbers, and that the sealers in the Behring Sea were able to make practically as large catches last y^ar, as in the previous year, does not point to the imminent extermi- nation of the seals. The returns show that the Canadian sciiling-vesscls all kept well outside tlie OO-niile radius, and as there seems little doubt that during the period when sealing is allowed in Behring Sea the great bulk of the seals are inside that limit, the natural deduction is that less than half the herd is at any time exposed to capture, and that the danger of exter- mination by pelagic sealing must therefore be comparatively remote. It is observed that on the islands 1 5,000 seals were killed last season as compared with 16,000 in the season of 1894 ; but in the Reports which have been received on this point, it is not stated whether any difficulty was experienced in obtaining that numi)cr of skins nor from what class of seals the skins were taken. Taking into account the catch on the islands, the whole catch from the Alaskan herd was 71,300 in 1895 as compared with 71,71 <> in 1894, being only about iialf the total catch taken in 18S9 and previous years ; and though it may be the case that a slaughter of some 70,000 a-year is more than the herd can properly bear for a series of years, [638] I I ■.-i H«!r Mb testy 'sGoveriimctit see no reason o bolie^e that it is so lar e as to threaten eariy extcnniiiation. The necossitv for tie immediate iiiM""-ilne\ in ids note lo your Kxcellency of tlie 0th February, they have r(!i)uested the Dominion (government to issue H notice to tlie effect that the returns which tlic sealing-»'esaelB are retjuired to furnish shall in future specify whicli of the females killed are barren ami which are in milk, and a reply has been received from the Governor-General of Canada that this will be done. In order to investigate more completely the question of the neceHsitj of farther restrictions in future years, they are desirous at once to take tie necessiiry steps for conducting an independent inquiry on the Pribyloff Islands into tiue state of the herd by an Agent sent from this country. This geutieman would be a naturalist possessed of the necessary scientific qualifications, and care will be taken to select a person who will be entirely free from bias in carrying out the mission intrusted to mm. Tlic Canadian Government are also desirous oi sending .Mr Macoun again to the islands this season in order to continue his investigations. The iiritish Agt nt and Mr. Alacoun would arrive at the islands early in dune and remain until towards the end of Septembei. and Her .\Ia.iesty s (iovernwient would be glad if the United States' authorities would grant them ail ncees8ar\ facilities and co-operate with them as iar as possible. It has been suL-'ge-sted that arrangemeiui micrht perhaps he made with the Company which leases the seal catch on the l*ril)yl«tt Wands to allow the British Agent and Mr. .Macoun to proceed in their steamer as pa-ssengers ; ami 1 sliall be glad if inquires can be made on this point. It is understood thor, the steamer leaves 8an Francisco next month. Your Excellency should address a note to Air. Olney in the sense of this despatch. I am, &c. (Sicned) SAIilSBURY. No. 39. Mr, Bayard to the Mnrquens ot i^aiwfntry.—( Received April '.^(i.) My Lord, UnitcH Sitttns' Emoansy, London, April 18, 1896. I IIAVI' the honour to inform your Lordsiii|) that, in iiiin|diaiii with a reque^l to that etf( it made to my (iovernment, thrcnii:h ttie imperial lius.sian Ambasfiador at Washington, I have been duly nisiriicU'ii lo co-oiieraie wiiii the Imperial Kiissian Anibas.sador at tliis rnoita' in the neirotntions which. I a' "Men to unuarstand, have hem initiated by his hxciileiuy with \oui Lipidslii|i lui llu t.Mensioii ot tlie Award ul the 1 ribunal of Paris of August \Hi^■^, estalilishinj: Keuuiatajiih tor the takini; ot fu!-seal in the waters ot Hehnuir Sea. the North I'acinc uceau, and i.iie Sea oi ( 'Klioish, and the exjiansiuii ul the area within wbicii increased ptotseluiii to seal life is deairi d,. alike by the (iovernments ot the United Htate^ and Hussuu. . . I have, Stc. (Signed) 'V. P. BAYAUD. 69 No. 40. Sir J. Paunce/nte to the MurquesM of Snlishnry. (Received April 23.) i\ ii'shitigtoii, April '12. 1S96. (Telptrrapliio I HA\ K tliL- honour to iiitorin your _.onlslii|i, in nliTciicc to your t*'lei;raiii nf rhc 17fli HiKtiint, that the desired |Hrinissiini will he ijranted by the United States' Govermiieiit to the raiiitiliiiii orticml iind tli. KnLrii>li iiaturaii-i whom it is iiri'posed to (lis|)atch to tht^ Pril)yh)ti IslaiuLs, and aii;iiicalioii will he niadc hy the United State*' (lovernment to the Coinpaiiv lor steamer tuciiities. No. 41. ear J. Pauncefote to the Marques.s of Salisbury. — {Received April 24.) My Lord, H'u.shington, April 14, 1896. WITH reference to your Lordship's despatcli of the "2 1 st February last respecting the sealini: season of 1895 and the proceedings of the United States' revenue-cruisers ID searchinir and seizinir British vessels without sutficient cause, I imve the honour to forward herewitli to your Lordshiji copy of a note which I have received from Mr. Olney in reply to one which 1 addressed to liiin on this stihject. The Secretary of Mate reviews at len;;th the coiiH)h«iiit inade in reirard to the proceedings of the United Stntc--' revcnue-eriiisers in senrehing and seizing British scalini;- vessels in I'lehring Sea and the North I'acilic. Mr. OInev states that the protest as to the action of'an United States' reveiinc-ciitter with regard to the schooners " W'ciistcr " and " Willard Aiiisworth " will receive curelui investigation hy the Treasury Department. The I. inn of ciearanec to lie i;ranted in the toturc hy the rcvenue-cmtter officers stationed at the IslamI of Attou to !'iriii,>li si aiiniz-vessels will omit anv relerence to the President '^ Proclamation or to the Icijislation of Coni^ress. I have, &c. (Sitmed) JULIAN PAUNCEFarB. luclosure in No. 41. Mr. (Hney to Hir ./. Pauncefote. Exoellency, Dcpartinent of State, fVuahington, April 9, 1896. YOUR note of the 19tii ultimo, prelerrmg, on behalf of Her Majesty's Uovcrninent, certain compiaiuis in regaid to the proceedings of the United States' Revenue-cruisers in searching and seiiuni; British seulinir-vessels in Behring Sea and the Nortii Pacific without, it IS alleged, sufficient cause appearing therefor, heretofore acknowledged hy me on the 23tli ultimo, having been rtferied to the Secretary of the I'reasury for consideration, I am Qow in receipt of Mr. ' arlisle"s reply, the substance of which I have the honour to embody herein, as expressing the views ol this Government in rei;ard to the matter. Three general grounds oi coni[)laiiits are specified in your communication concerning the patrol hy the I reasury Department during the [lasl season ot the Nurtii Pacific (Jcl-hii and Meliring Sea, under tlie Paris Award and the legislation enacted by (ireat Britain and the United States lespictively. lor enlorcing the same. These complaints may he sumiuurized as follows : — 1. That seizure of visseU or dieted offences were made by ofiiiers ol this Govern- ment on evidence obviously lusuihcieut. 2. That tin; right of seari:li was cxeivised in cases where there was no just ground to suspect tliat an offence had been comniitted. t\. That tlie interleicnee ot T nited Stales' revenue-cullers in the operations ol British sealmg-sehooiii IS vn.is v( xutisuii and inquisitorial. As to the lirst ground ol 'omplaiiu — that Uritisli sealini;-»chooi",'rs were seized for aliened offences on evidence obviously iiisiilHcient — it .ijp.'ais that three lirilish seahiig- vesscls were seized l)\ Americau ciuiser.s duriiit; the past season, namely, the '• .>lielhy," u) tlie Nortli Pauitic OuuH>t .--^ion ;)f liirhidden sealing appaiaiiis .,iiiid implements. ISorluiiv I- eontaiiuni in the instructions lo the rcvenue-i iitlcr othceis inconsistent with this ciami. On the contrary, tluwe ottieer* have been niiiiittcti, be is autfiomaMl, as tliis (iovernment undei stands, to seize the vessel under tlic iiritish law. To atieenutn wlulher or not an oflencc has been tommitt'd, the officer tnust cxRininc the vcsael. for, otherwise, there could h'^ no seizure biii 61 tlieir except where the vessel is caught in the very act of violatin: the law, wliicli wciuld rarely happen. As to tlie refereiice in your communication to an agreement with the Secretary of the Treasury in the year 1S!)4, that the instruction* to otiiccrs of the Unitpci States should he similar to those given to the otficers of tiie Hrili^h navy, vour attention is invited to the following extract from the instructions to British naval oliicers en^aijccl in the patrol for the year 1894, transmitted to this Department by the Honourable \V. P. Roberts. The letter of Mr. Koberts also incloses a copy of a letter from the Secretary of Rcar-Admiral Stevenson, of the British navy, in which it is stated that the instructions for 18U5 were precisely similar to those of 1894. " If the vessel, which appears to be a scaliiig-vessel, is found in any waters in which at the time hunting is prohibited, the ofhcer in command of !ler Majesty's ship should ascertain whether she is there for the purpose of hunting, or whether she has hunted, or whether she was carried through by stress of weather, or by mistake dtirinj; a fo^', or is there in the ordinary course of navigation on her pa.ssage to any place. If he is satisfied that the vessel has hunted contrary to the Act, he will seize her and order her to proceed to a British port hereinafter mentioned ; but if the officer is of the opinion that no offence liiis been committed, he should warn her, and keep her as far as he thinks necessary and is practicable under supervision. He must judge from the presence of seal-skins or bodies of seals on board, and otiier circumstances and indications, whether the vessel has been engaged in hunting." The above instructions plainly contemplate tiiat every ship overhauled by a cruiser shall be carefully searched and examined for tiie purpose of ascertainiii!,' whether or not a violation of the law has been committed. Althoui;h limited in terms to areas in which seal hunting at the time is prohibited, yet clearly their spirit would seem to apply to scarclies in Behring Sea, where seal hunting by fire-arms is at all tin;es prohibited. The right of (search plainly implied by these instructions has, however, rarely, if ever, been exercised by J3ritish cruisers, for the reason thai during the season of 18"J4, idt!iou;.'h the United States' (Jovernment furnished twelve vessels for the patrolling fleet, at an exptnse, including pay of oflicers, crews, and rations, of 198,554 dol. 49 c, only one patrolling vessel was furnished by the British Government. Furthermore, during the season of 189.'i, althouuih five United States' revenue-vessels patrolled the Award area, at an expense of 09,0(54 dollars, only one, the " Pheasant," was furnished ior the patrol by the British Government. Furthermore, our official reports are to the effect that the " Pheasant " remained almost constantly in Unalaska Harbour during the season when sealing was permitted in Behring Sea, taking no part in the patrol. The reference in the communication of your Excellency to the protest annexed to the letter of Isaac A. Gould, owner of the schooner " Katherine," as to the action of a United States' revenue- cutter with regard to the schooners " Webster " and " Willard Amswortii " will receive most careful investigation by the Treasiiiy Department. It may also be added that the form of clearance to be granted in the future by the revenue-cutter officers stationed at the Island of Attou to British sealing-vessels will omit any reference to the President's Proclamation or to the legislation of Congress. I have, &c. (Signed) BICHAllD OLNEY. No. 42. Sir J. Pauncefote to (he Xftiyqness of finlishury.—iRfcewfd April 30.) ("TcWraphic.) H'fj.«tAr'n(//on, April 30, 180(], BEHRING SKA Regulations. 1 have communicated the substance of your LordshipV despatch of the 17th instant to the United States' Government. I hey urge strongly that the Knglisli naturalist who is selected to visit the Pribylotf Islands 8l;ould visit Washington b'jl'ore proceeding to Alaska, in order to confer with the officials of the Treasury Department. It is thought tliat his doing so would greatly promote the objects of iii^ mission. No.48. un Sir J. Pauncefote to the MarqueiM of Salitbury.— (Received May 11.) My lrf)rd IVashingtou, May 1, 1896. WITH reference to >our Lordships despatch of the 17th ultimo respecting the posHil)lc exterminatioi: of the fur-seal herd in Beliring Sea, 1 have the honour to forward herewith to your Lordship copy of a note which I have received from the Secretary of State, in which he states that the United States' Government welcome an independent inquiry hythe liritish (iovernment into the present state of the herd, through British and Canadian Agents. Mr. Olney adds that tht United States' Government will grant all needful facilities for their investigations, and suggests that the naturalist selected hy Her Majesty's Goveminent shall come to Washington on his way to Alaska. I have, &o. (Signed) JULIAN PAUNCEFOTE. Inolosure in No. 43. Mr. Olney to Sir J. Pauncefote. Excellency, Department of State. l\ ashington, April 29, 1896. I HAVE the honour to acknowledge your favour of the 27th instant, being an answer to my note of the 11th ultimo, wlierein is urged the adoption for the coming season of further restrictions on pelagic sealing in Behring Sea, in view of what the Government believes to be the demonstrated iinmiuent extermination of the fur-seal herd . Without at this time adducing any additional considerations in support of the position taken by tlie Government, 1 hasten to say that it welcomes an independent inquiry by tiie British Government into the present state of the fur-seal herd through the British and Canadian Agents referred to in your note. They will be given all needful facilities for their investigations by this Government, which will request the Korth American Commercial Company to give iheni all convenient transportation facilities on its steamers. I venture also to suggest that if the naturalist selected by the British Government should come to Washingtor. on his way to Alaska, and have a free and full Conference with Assistant Secretary Handi.^ the objects of his mission would probably be greatly promoted. I have, &c. (Signed) R. OLNEY. .?.i No. 1.4. The Marquesa of Salinbury to Sir J. Pauncefote. Sir, Foreign Office, May 13, 1896. 'I'HE request of the United States' Government that they should be represented by counsel at I he trials of British sealing-vessels seized by United States' cruisers in Behring Sea has received careful attention. Their proposal, as stated in your Excel- lency's telegnim of the 23r(! September last, is acceptable to Her Majesty's Govern- ment, who see no objection to the cases being watched by counsel on behalf of the Government of the United States, aiul are wilHng that the counsel so employed should be permitted to examine the pleadings and to make suggestions to the Government counsel. Such suggestions should, however, he confined to the object of protecting United States' interests, and eould not iie iidiuiued as regards the enforcement of the Behring Sea Awani Act, the enforcement of that Act being the duty of Her Majesty's Government. Your Kxcellency is accordingly authorized to signify the iissent of Her Majesty's Government to the United States' proposal, with the limitation spccitied above. With reference to tli" sni,'ir<"tio aiteuii if the United States' Government .vore to enter into nv. Agreement to satisfy the judjfment of the Court if the seizure sliouM hv h Id lo \u wn.nuful. They would then have »ti interest in the result of the case, wliieli "ould make it reasonable that ihey should be allowed in some form to takf> an active jmhi in tiic coiiduci of the pioceedinRs. The olHcer who actually made the seizure miirht become formally responsible for the ( onduct of the prosecution, and for any duma it merely on tlie terms ol l)ein;i alhmed to watch the case and make su^'fiestiims, it mi-i it perhaps be carried out by allowing: tliem to emph)y solicitors and counsel to conduct the prosecution of the suit in the name of the Crown. Tills would insure that the United States' casi would he presented to the Court, not only adeqimtely, as at present, but in a manner consonant with tlieir special views in each particular instance. I have to request your Kxceliency to ascertain the wishes of the United States' Government in this matter. In the course of your communications you might sound the United States' (iovern- ment as to the proposal whicli has been niaik; tliat an International Court should be established for dealing with claims arising out of the action of the otHcers intrusted with the enforcement of the laws enacted by the Legislatures of the two countries tor giving eflfect to the Award. I am, &c. (Signed) SALISBURY. No. 46. Sir J. Pauncefote to the Marquess of Salisbury. — {Received May l4.) My Lord, . IVashinyton, May T), 1896. ON receipt of your Lordship's despatch of the )7th ultimo, I addressed a note to the United States' Secretary of State (dated the '-''th) explaining in the terms of your Lordship's despatch the views of Her .Majesty's Government on the supposed danger to which, as affirmed by Mr. Olney in his note ot the llth March last (inclosed in my despatch of the I2tli March), the fur-seal herd in Behring Sea is exposed by reason of the increasing slaughter of female seals in milk in the vicinity of the I'ribyloli' Islands, tiiough outside the radius prescribed by the Paris .\«ard. I have, &c. (Signed) JULIAN I'AUNCEFUTE. No. 46. 7%« Marquess of Salisbury to Mr. Hayard. Your Excellency. Foreign Office, Mny 14 , 1896. 1 HAVE the honour to acknowledge the receipt of your uote of the 18th ultimo, respecting the question of extending the Seal Kisbery Regulations embodied in tiie \ward ol the Pari* Arbitration Tribunal to the western side of the North Pacific. I er Majesty's Government wish to dispatch an Afent — a properly ({uahfied naturalist — to the ComiiiuiKier Ulunds duiiug the uppruuchiiig >easou lo observe tht- coutiitiuiis ot seal life there, and to collect intorination as to the working of the existing arrangement with Russia, and they propose to apply to the Russian Government with a view to the local authorities being instructed to aitord all nccessar, lacilities and to co-operate with him ill carrying out the object td his mission. Pending the receipt ot the Report which the Agent will be instructed to furnish Her Majesty's Government will not be in a position to enter upon iiegutiutions. I have, &o. (Signed) SALISBURY. (TflcRraphic.) " EFr" No. 47. The Maiqiiess of Salinhury to Sir J. Pnitncefoti: Forehjn Office. May 16, 1896. REFERRING to your telegram of the 30th ultimo : Instructions will be given to the Agent selected to visit the Pribyloff Islands to proceed by way of Washington, aa requested by the United States' Government. No. 48. Sir J. Pauncefote to the Marquess of Salisbury. — (Received May 18.) My Jionl, Washington, May 6, 1896. I HAVE the honour to transmit to your Lordship herewith copy of a note which I have received from the United States' Secretary of State, in further reply to the note which, as reported to your Lordship in my despatch of the 23rd March last, I addressed to him on the 19th of that month in regard to the action of United States' cruisers engaged in patrolling the waters of Behring Sea during the past sealing season. Mr. Olney in that further note refers to "the affidavit of I. A. Gould to the effect that a United States' revenue-cutter last year failed to seize two American sealing- schooners which were within the prohibited zone of the Pribyloff Islands," and he adds that the above statement has been specifically denied by each of the American officers in charge of the patrolling cruisers. In acknowledging Mr. OIney's note, I have pointed out to him that the charge was made, not by 1. A. Gould, but by Captain Folger, of the American schooner " Webster," whose statement is merely quoted in the affidavit of Gould. I have, &c. (Signed) JULIAN PAUNCEFOTE. Inclosure in No. 48. Mr. Olney to Sir J. Pauncefote. Excollcncy, Department of State, Washington, May 2, ''.896. REFERRING to that part of your note of the 19th March last which relates to the affidavit of I, A. Gould, to the effect that a United States' revenue-cutler last year failed to seize two American sealing-schoonera which were within the prohibited zone of the Pribylofl Islands, 1 have the honour to state that the Department has received a letter from the Actiilg Secretary of the Treasury, in which he says tiiat the American officers in charge of the patrolling vessels were furnished with a copy of this statement, and reports have been received from each of them denying specifically the charge in question. I have, &c. (Signed) RICHARD OLNEY. No. 49. Sir J. Pauncefote to the Marquess of Salisbury. — {Received May 18.) My Iiord, Washington, May 8, 1896. IN my despatch of the 6th instant I hud the honour to report to your Lordshij) that I had addressed a note to the United States' SecrLtary of State, einl)odjinj; the terms of your Lordship's despatch of the I7lh ultimo, setting forth the views of Her Majesty's Government on the subject of the danger to which it is alleged by the United States' Government that the fur-seal herd in Rehring Seu is exposed by reason of the iiKiTiise of pelagic scaling and of the slaughter of female seals in milk. 1 have now the honour to inclose copy of Mr. OIney's reply, from which it appears tliat the oecuraey of the facts stated in my note, and of the conclusions drawn therefrom, 65 is challenged by the United States' Secretary of the Treasury, in whose Department the subject of the seal fisheries is specially dealt with. I have, &c. (Signed) JULIAN PAUNCEFOTE. Inclosure iu No. 19. Mr. Olney to Sir J. Paunce/ote. Excellency, Department of State, fVashington, May 7, 1896. HAVING sent to the Honourable the Secretary of the Treasury copy of your note to me of the 27th April last, I am now in receipt of a letter from the Secretary, from which the following extracts are taken : — " In the note of the British Ambassador it is stated that the whole catch taken from the Alaskan herd, including the land catch on the Pribyloff Islands for the years 1894 and 1895 was 71,716 and 71,800 respectively. While this statement is substantially correct for the year 1895, it would appear that in the year 1894 a larger number was taken, namely, 76,871—61,838 at sea, and 15,033 on the islands. " The further statement is made in said letter that the fur-seals show no apparent diminution in numbers, and attention is called to the fact that the seulin^-vcssels in Behrin^ Sea made practically as large catches during the season of 1895 us in that of 1894, which fact the Ambassador contends does not point to the immediate extermination of the fur-seal herd. The fact, however, that the seals on the islands have decreased at least one-half since 1890 would seem to answer this claim. A further answer will also be found in the Report of the Secretary of the Treasury for 189j on p. ce, wherein it appears that the average catch per vessel on the north-west coast fell oiF 57 per cent, in 1895 as compared with 1894, while the average catch in Behring Sea fell off 12 per cent, as compared with 1894. At the same time, while the percentage of females killed in Behring Sea were the same for British vessels in 1894 and 1895, there was an increase from 69 to 73 per cent, for American vessels in 1895. That the seal catch is maintained at the Hgums cited is because of the fact that Behring Sea is a nursery fur the herd while it is on the islands, and of the fui-ther fact that the seals can be killed easier while in Behring Scu than when travelling off the Pacific Coast towards the islands. "The statement of the Ambassador that the total lai.d and sea catch from tha Alaskan herd iu 1895 was only about one-half of what the satne was in 1889 would seem to be a further convincing argument as to the decrease in the seal herd. In this connection I would state that in 1889 the catch on land and sea was about 132,000, of wiiich 102,000 were taken on the Pribyloff Islands and 30,000 at sea, the pelagic catch being about 22 per cent, of the total. In 1895, on the other hand, the pelagic satch — .')6,2!>1 — had increased to 78 per cent, of the total — 71,291. From 1880 to 1 895 the pelagic catch increased from about 8,000 to 56,000, or 600 per cent., while the Pribyloff Island catch decreased from 106,000 to 15,000, or 86 per cent. " It is stated also in said letter that it would now be too late to give effective warning of '•ny change in the Regulations, and that vessels which have cleared already for the Ja^'onese coast would be seriously injured by any ciiange at this late date. I have the honour, however, to call your attention to the fact that the modus vivendi of 1891 was Agreed upon as late as the 15th June." I have, &c ' . (Signed) RICHARD OLNEY. ... I No. 50. The Marquess oj Salisbury to Sir J. Paunce/ote. 8frj • -• Foreiyn OJice, May 21, ism. WITH reference to the note' from Mr. Olney, of which a copy was inclosed in your despatch of the Hlh April, I have to state that the reply of the United States' Government to the complaints against the action of their revenue-cruisers in Behring Sea does not remove the impression that, during the Kenling season of 1895, British vessels were repeatedly overhauled without sutficicnt cauic, and, although Her Majesty's Government have no desire to prolong the correspondence on this subject, there are certain points in Mr. Olne^'s note on nliich it seems necessary to make some comment. [038j K G6 \i ! Her Majesty's Government have now learnt for the first time of the report wbiell reached the United States' Treasury Department that the law had been systematically violated in ISOi hy the use of fire-arms in Behring Sea, and by the making of false entries in the logs as to the sex of the seals which were killed. The first part of that report is scarcely consistent with the fact that British vessels showed such readiness to have their arms scaled up in 1894, and again in 1896. The United States Government are, moreover, well aware that Her Majesty's Government only refused to renew the agreement for the sealing-up of arms in 1895, because it had not alfordcd to British vessels the immunity from search which had been expected to result from the oliscrvance of its provisions. It should also be remembered that those vessels which cleared from British Columbia direct for Behring Sea were furnished with certificates that they had no arms on board, and that, in the great majority of cases, they were manned with only Indian spearmen as hunters. If these circumstances were not considered conclusive by the United States' Revenue officers, a single search would have sufiiccd to settle the matter, and also to verify the accuracy of the entries in the log-books. Her Majesty's Government are unable to accept Mr. Olney's views in regard to the right of search. In the absence of circumstances warranting suspicion, the sealing- vessels are entitled to ho exempt from executive interference, and the British Act of Parliament and Orders in Council do not give any general right of indiscriminate search for the purpose of discovering whether an offence has been committed. It may be presumed, however, that the United States' authorities have now con- vinced themselves that the masters of British sealing-vessels do not systematically violate the law, and that they have done their best to act in conformity with the existing Regulations. I have to request your Excellency to communicate the foregoing remarks to Mr. Olncy, and to say that Her Majesty's Government trust that the right of (icarching British vessels, conferred on United States' naval officers by Imperial Legislation, will be exercised with the discrimination requisite in using so exceptional a ]>owcr. I am, &c. (Signed) SALISBURY. ' h i y. • No. 51. . . .: I, Colonial Office to Foreign Office. — (Received May 23.) . j Sir, Downing Street, May 23, 1896. "WITH reference to previous correspondence respecting the proceedings of the United States' cruisers to Behring Sea last year, I am directed by Mr. Secretary Chamberlain to transmit to you, to be laid before the Marquess of Salisbury, a copy of a despatch and its inclosures from the Governor-General of Canada reporting the arrangements which the sealers operating on the Japanese coast propose to make to avoid taking arms and ammunition with them into Behring Sea, where the use of fire- arms in killing seals is prohibited by the Regulations cf the Arbitration Tribunal. As the vessels entering Behring Sea direct from Canada are furnished with ajcer- tificate that they have no fire-arms or ammunition on board, it appears to Mr. Chamberlain that these arrangements will render any renewal of the Agreement for the sealing-up of arms unnecessary, and he would suggest that their purport should be communicated to the United States' Government. I am, &c. (Signed) JOHN BRAMSTON. Inclosure 1 in No. 51. The Earl of Aberdeen to Mr. Chamberlain. "^ ■• * .i....; Sir, Oovernment House, Ottawa, April 13, 1896. - WITH reference to my despatch of the 5th February last, I have the honour to forward copy of an approved Minute of the Privy Council submitting a Report of the Minister of Marine and Fisheries, in which he discusses the question of the alleged dissatisfaction ot the sealers with the failure to reaew the Agreement for sealing^up of arms. You will observe that it is stated that the sealera themselves have made arrangements to have their arms shipped to Victoria from Japanese ports before leaving Japanese waters for Bebring Sea. I hare, &c. (Signed) ABERDEEN. ' Inclosure 2 in No. 51. Extract from a Report of the Committee of the Honourable the Privy Council, approved by the Governor-General on the 1st April, 1890. THE Committee of the Privy Council have had under consideration the annexed Report, dated the 18th March, 1896, from the Minister of Marine and Fisheries, with reference to the Report of Captain Hooper, of the United States' revenue-cutter " Rush," alleging dissatisfaction by British sealers because Her Majesty's Government had not agreed to a renewal with the United States' Government of the arrangement reached in 1894 for the placing of sealing implements under seal. The Committee, concurring in the said Report, advise that your Excellency be moved to forward a copy thereof to the Right Honourable the Principal Secretary of State for the Colonics. AD which is respectfully submitted for vour Excellencv's approval. (Signed) JOHN J. McGEE, Clerk of the Privy Council, Inclosure 3 in No. 51. . , ,, • • Marine and Fisheries, Canada, Ottawa, March 18, 1896. To his Excellency the Governor-General in Council : THE Undersigned has the honour to revert to a despatch from the Secretary of State for the Colonies, covering an extract from a Report* of Captain Hooper, of the United States' revenue-cutter " Rush," alleging dissatisfaction by British sealers, that Her Majesty's Government had not agreed to a renewal with the United States' Government, of the arrangement reached in 1 894 for the placing of sealing implements under seal. Your Excellency will recall that this despatch was dealt with in a Report of the Undersigned, embodied in an approved Minute of Council of the 27th January last, after he had caused inquiries to be made of the sealers, through the Collector of Customs at Victoria, touching the statements in the extract. The result of such inquiry is fully explained in the Minute of Council above cited, and the objections of your Excellency's Government to the expedient reviewed at con- siderable length. It was said, whether the circumstances and conditions of the case, as develoiied by the events of 1895, would tend to change the views of Her Majesty's Government on the point was not known ; l)ut, notwithstanding the forced acquiescence of the sealers, the conclusion could not be avoided that the reasons existing against the measure, in the 6rst instance, retained their full force, and must be greatly supplemented in respect of my obligatory arrangement which may be proposed. The Minute of Council added : — "If no other alternative remains for the sealers to avoid seizure under the circum* stances, the question of waiving the principle may become expedient ; but it would seem that some means might be devised by them, where such large interests arc involved, whereby their guns could either be transferred and sent home, or left in custody at some rendezvous, until their operations in Bebring Sea were concluded. " Such a course might change the appearance of necessity for an arrangement for a practical extension of the Award restrictions, out of which may grow other, perhaps more objectionable, expedients. " It will not be forgotten that last season only eight of the Canadian sealing fleet could have availed themselves of an Agreement for sealing-up of arms prior to entering [638] * Sec Iiicloiur* 9 in No. »7. K2 ' '66 Belring Sen had such existed, since only that number operating therein were possessed of firC'Orms and those conditions were practically identical in respect of the year I^Ol- " The Undersigned further ventures the opinion that the danger to seal life is not sufficiently great, nor is due protection of the seals of such paramount importance as to warrant a proposal which would dfjjrive sealing skippers of revolvers for their personal protection, or their signal guns for recalling tlieir men in these remote regions. "The Undersigned would further report that he has caused instructions to be issued that the sealers should agajn be consulted as to any means which they may be able to devise in the direction above indicated which may render unnecessary the further pressing of the suggestion that an agreement for the sealing-up of arms prior to entering Bchring Sea should bo reached." The Undersigned would observe that for this purpose he addressed the appended communication to the Collector of Customs at Victoria, explanatory of the position of your Kxccllency's (Jovernnicnt in this connection, and requesting before final action that an attempt should be made to obtain the views of the interested imrties on the proposal. The Undersigned has now the honour to report, for the information of your Excel- lency, that he has received in reply from the Collector of Customs two communicfitions, dated respectively the lOth and ISth February, 189C. In the communication forming Appendix II, the Collector .says: — " In compliance with your directions to further consult the owners and masters of scaling-vessels as to whether some means cannot he devised by them whereby their guns could either be transferiid nnd sent home, or left in custody at some rendezvous until their operations in Behring Sea were concluded. " I am pleased to iiiConn you that I have seen the greater number of the owners and several of the musters, and i have made, I think, nearly complete arrangements whereby your wishes will be carried out, j)articularly in regard to twenty-eight vessels which are now on their way to .Japanese waters, and have fire-arms on board, and which are likely to proceed to Behring Sea after the sealing season is finished on the Japan coast. " 1 have arranged with Captain Cox, who is a representative owner of sealing- vessels, owning himself eight, and the authorized agent for nearly the whole of the other vessels on the Asiatic side, and who bus already gone on the last steamer to Yokohama to look after the welfare of the vessels with which he is intrusted, to ship and return all tlic fire-arms from Hakodate by steamer to this port at the risk and the expense of the owners." He then explains that after lengthy interviews with Captain Cox he fully appreciates the position, and he feels sure that the arrangement will be faithfully carried out ; while regarding any vessels which proceed to the neighbourhood of the Komandorsky Islands endeavours will be mjidc to liave their arms transferred to some homeward-bound vessel, or to have them left at some rendezvous until their operations in Behring Sea are concluded. In the supplementary letter, forming Appendix III to this Report, the Collector, in referring to the alleged canvass of the British sealers made by Captain Hooper touching the point as to the desirability of having their arms scaled prior to entering Behring Sea, shows, as pointed out in the Minute of Council previously cited, that the canvass could only h:ive applied to eight vessels in all, and that many of the sealers denied that they had been so canvassed. Tiie Undersigned recommends that your Excellency be moved to forward a copy of this Report, if approved, together with its Appendices, to the Right Honourable the Priucipal Secretary of State for the Colonies, in continuation of the Report and Appendices embodied in the approved Minute of Council of the *27th January, 1896. Kespectfullv submiticd, \ • »' ' • . '•' (Signed)* JOHN COSTIGAN, <' ' '• — _ ' • • Minister of Marine and Fiihcrien. J. 'ii, . vi 1 1 • . I i.i; •. I.; ». I'iS <■' » iscd of i* IS not as to ersonal vxcel- itions. AlM-EXblX 1. ^Ir, ' [I •MieJ.] I HAVE to revert to your kttir of tin- I'.ili nltiinc. in rejily to !\ I>r|artiii. iitiil .uniiiiniii- cation of tlio 24tli October last, on tin- suljtct of ili.. stiiliii'.'-ui. of tliu imi'li :ii.iits of the stilling' fl.rt. TliP nttitudi; of tlic pealcr-!, in tliis r('S]H'i.L, as pitlicroil fmiu your couiniunicatiou. i.-i undfrstcx"! to tx' as follows: — That wiiili' tlicy nt (IrRt stronirly pictcst apaiu'^t tin' ariali;,'iincnt f. . tlii' si'iiliu,' of :irms. tlw .vents aliil cxiMiifnco of tin. jmst ."fasoii have iiiiliU'.d t'leni to c'lian;.'e tliiir vi.ws on tlie sul^jcct, and after dili^'iiil inijniry aiunu',' tin- 'wneis and mastei-i of sealin'_'-\esseU, wlietlui- tin y desire t.. have their linns sealed up, to jirevent ii terrujitiou jind sii/nre, vi.ii met uith the re] ly that tlu'V 'id 8f> desire, so far as tin I'.elirin^' Sea voia^-e was eoiieerueil, lait n.it at any ..tlicr time. The PX]il-'nation ofl'ered Ipein;.', tiiat a ntnnlHi- of seal-kin-: Wire'hist year seeiind in lieiirin^' Si;; outside the lil)-nule zone, with shntdiules in them, whi. h uould be, and hail l"eii, i lainud bv the I'nited States' nnili ities, as sutlieient lea-nu fur seizure if the vessel iKissessin;.' them, and haviiij; unsealed lire-arms ^ n lioard. The ]iositi(in amounted to the dan!.;cr nf fiK in.; financial rniii, or liavin;^' their i;>'iis sealed, wbicli latter exju'ilient they coneeivt d windd janlMlily le>-en iheir ( hnnecs of seizure. You will, of course, observe from th' inelosiiiv to the leller of the 24lli (ictuber ISO'i. thai the .sealer.? arc uiaile to n]i]irar rather to regret the aetii'n i^f IbT Majesty's (ioviuinieni on relusin;,' to agree tu a renewal of the ;irran;iement U>r the sealin'_'-uii of arms, and ( luisideialde >tress i< lai^l ii]ioii the ii..'ii!ent, that when lliey aiijilieii to have their amis sealed, and were refused l.ir want ol antlciity, their seeminj,' embarrassment wa-; mil liedly uttrilaiteil to the taet that lb i Xl.ij.-iy's (lovernnuiit had not sanetioiicd the renewal of the e.\indi"iit of tlie ]'rcvioiis year. This jKisitioii is enlindy erroiieniis. since the .\;,'ieement for the S' Iin^-u|> of nrniR, which provided the only aiitlioiity (iieat {'..itaiti has ever "iveii in that ilireetioii, v. .is ec.ntined .-ilidy in its ajildication to ves.stds traveisin- tin' area afTected by the .\ward durin;^ the ebise sr i-nn, and had no refevenee whatever to riehriii;^ Sea, inasmuch as those waters are not, under the new c .indilions of the industry, enterecl by the sealers until the close .season has ex)iire(l. Therefore, even in 1S'J4, when the A;,'iecnient was in lull force, the I'nited States' olh' i.ils liaci no aulliiu'itj' to .seal the imidements of I'.ritisli sealers*, which entered liehriii',' Sen, on and alter the 1st August. The conditicjiis, therefore, in that yi'ar in no way differed from those of l.SO.'i. Arcordini,' to Caiitain Hoofiei's .statement, all the " vessels from iln-ir home ports were without guns ;" and, aecordini^ to ynur Report, only eij,'lit vessels which entered Hehring Sea liacl tin'-arins on board, these bein^ those which came from tiie Asiatic side. Yet none of the other vessels, which had no tire-arms, were exempt fimn i oll^tant boardini;, search, and overliaiiliiiL: of seal-skin.s. The voluntary nature id' the tirst Agreement for the sealiiig-up of anus, was, tbroueh the incidents of the " Wandeter " and " Favourite," proved to have been a failure, and Her Maji^ity's (iovernnient were induced to dis((intiiiue it beiause it liiid not provided that protection aoaiiist unneeessar v inter- ference which osteiisilily it was de>i';ned to ilo. Any arratigement of an obli'^atoiy nature which may ;,'row out of the jne-cnt featur" of the rase must neees.sarily. it seems, seriously aHiet every sealiie,' \i ssel loiiml in the North I'ai itic (Iccan east ol the ISOtli meridian, between the 1st May and tlie :'.lst .Inly; and in lleining Sea between the l.st Au.uust and the end of the >ea.soii, whosi' liie-ainis and .spears mi the one hc.iid.and whose tire-anns on tlie other hand, had nut already been .eaied when met l)y a cruiser. I do not regard it imce.ssary to di'icn>s fully in tins letter the details of the idijeetions in principle which obtain to any arrangement virtually extending the nstrietions of the Award ; but I have brielly stated the above features to enable you to etleclively disi uss the i|uestion with .sealers. (Jcnernlly s])eaking, the same giocnds as prev iou-^ly existed to the expedient, and which opomted to convince Her Jlijesty's (ioveiiimeiit of its unadvisabilily, aie as forcible as they ever were. It is scarcely to be conceded that because cireiiinstances can combine to coer<'e the sealers, through fear of unwanimted and disastrous inter'.ereiice, to avail themselves of the only remedy offered them by the United States' authurities. thi.s is a fair ami reasonable condition of the industry, as vindicated by the Award. No such .surrender of right, ho.vcver expedient, ought, it seems, to be necessary. Should it apjiear that there is no alternative than a forced waivi-r of right and principle, the danger of the sealer might possibly suggest such reliniiuishinent ; but while the position of the sealers, with extended comments, had been communicated to Her Majesty's (oivernment, I should like you, before tinal action is taken, to further con.sult the owners and masters of .sea ling- vess(ds as to whether sonic means cannot be devised by them wliereby their guns could either be transferred ami sent home, or left in custody at some reiulezvuus, until their operatioii.s in the Jtehring Sea were concluded. Such a course might change the appearance of the necessity for an arrangement admitting n practical extension of the Award restrictions, out of which may gr a\ other and p^ iliaj)s nion- objectionable expedients. I should be obliged by as early a i-eply as possible. ^ Youre truly, 111?/ • .k J m APPENDIX 2. Cttitomt, Canada, X'ietoria, Jiriliih Columbui, Sir, Ffliriiary 10, l»;t6. I have tlie honour to acknowleilj^u the receipt of your letter of the I'Otli uUiuio, revertiiiK' to my letter of the tith DeciiiilMr lust, on tlie siihjnct of the seiilin<;-ui> of tlie iniiilenienU of the sealing ilect. iu wliich 1 enleavoured to ^^ive the nttititde taken liy the .seiihrs in this resiiect. I Ikv to diiv that I Imvi' carefully consiihreil your letter, in connection with tlic inclo.snru to the letter of the -'tih OcIoImt, 1805, in which the se.ilers are niaile to njipear rather to lejrret the action of Iler Majesty's rioveninient in nTusin^ to a;.'ree to a renewal of the aiTanKenient for tlie Mealinjj-up of arms, ami tliat when liiey applieil to liave their arms sealed uji liy tlie American officers at Dutcii llarlxnir, their seemiiin einharrassment was nttrihufed to the fact tint Iljr iMajenty's Government had not sanctioned the renewal of the exjiedient of tlie [irevious year. I liave iiiti-rviewed nearly all the masters wlm were in IJeiirinj; Sea last year, and I could only cnrae to tlie conclusion tlint the stat«'ment made hy Caiilaiii Hooper is erroneous, as all the vessels that entered IJehrili;; Sea from this jHjrl liad only s])ears. and tliat liavinv; reached Dutch Harlsiur from their home port williout lire-arms, there wiw no necessity for them to have any iiitervit^w, or i-equest any favour, from the American officers, or to jjive any expression of dissatisfacti as tliey would procee{-)irouiids in Ueliriiij^ Sea, as tliosc waters, under the new conditions of tiie industry, not lieing entered liy the seah-rs until the close season had expired. The sealers are jierfectly cognizant that the only authority Great nritain ever sanctioned in the sealin<;-uii of arms was for the year 1894, and was confined solely in its application to vessels traversing the area affected liy the Awanl during tlie close season. 1 am imiiressed from what I have heard that while the soaling-vessels wore at Dutch Harbour, just before proceeding to the sealing-grounds, statements were made by the American officers that the United States' patrol fleet would take every advantage of the fact that they had arms on board, knowing tliat many scliooners might be found with some seal-skins with shot-holes in them, and which it would Ik,' very hard for the unfortunate sealers to disprove having shot them ; i)i any case the patrol-vessel would no doubt allege that they had justitiable grounds for sending them back to this port for adjudication. The menacing attitude of the American officers as to the rigidity with whii'h they intended to carry out the patrol, had become well known amongst the sealing fleet, and no doubt at this ]iarticular time at lliitch Harbour Cajitain Hoojier might have found our sealers in a frame of mind disjMised to accept any reasonable jiroposition to avert the danger of interruption, seizure, and probable financial disaster. It apjiears to me that Captain Hooper, in making a canvass of the British .sealers at Dutch HarlnMir to ascertain how many weiv in favour of having their arms .secured under seal, and which, he says, was found to lie unanimous, certainly did not intend to all'ord any relief to the anxiety of our iM?a1ers ; but it was evidently for the purpose of impressing them that the contention of the Amcricau Government was correct as to the sealing-up of arms, and so endeavour to throw the responsibility of seizures upon the Mrili.sli (iovcrnuient and to furnish the United States' authorities with a greet lever by the alleged admission of the scald's that the sealing-up of arms provided the only safeguard, and might give grounds for the necessity for its extension to other parts of the North Pacific Ocean during the close season. Iteferriiig to my letter of the Gth December last, when I stated that I had interviewed the masters of sealing-vessels on their return as to the sealing-up of arms, and that they had replied that they were iu favour of having them sealed >n IJehring Sea, I have now to qualify that statement and say, that I have had further convc^rsatiou with the greater number of masters of sealing-vessels, including .some who were not at Dutch Harlwur, who say that they loyally support our Goveiument in conserving our rights in the seal tisheries, and that in the past it has only been under th.vateued danger that they would concede to ad(>pt any course contrary to the wishes of the British ,' ll(.ct. I'mlfiivdiir to liiivc! tlicir arms transfiTred tn gome othflr vi-sscl Iwunil Lome, or havo them left at somo ri'iiclfzvniis until their n])i.r;itiiu und i'Hj.mm ujk.u thfUi that lin-arms nf any df.scriptiun will ma !,(■ ii,rMiiitfd uml. i uny i(m>idcratic.n. I hhall endeavour to laithfidly i arry .mi v.mr witihew, and I IWI a'ssured that I >liall uvereomo ths ditliiulty ol' sealin'.'-ui) of arms during Ib'JG. I havi', &c. , , , (Signed) A. i;. MIl.NE, CvlUctor. UdnournMo John CoHfiyan, MinJutL-r ut Marinu uud FiehtrieH, Ottawa. • . I'uuld only the vhsspIs hour from ir iivjucst hoy Would 'ers, under ieiwoii )iad APPENDIX 3. > ' Cuftomt, Canada, Mdnrin, Hriiith Colunibia. Sir, Ft/'riitini 1."). IM'.IC. I have llio honour to rtvi rt to my letter of the 10th instant, in whisatisfai tioii on that point. In re.ard to this year's o|ieiation3, I wish further t.r static that Captain Cox will sratuitoiisly assist the Sealers at Yokohama and Hakodate to have their arms oiled, carefully boxed, mid transhippeil to thi.s p(Jit, which he informed me he had arran^'ed to have ( arried for 12 dollars per ton at the iisk and exjiense of the owners. 1 believe that the fireater number of the owners of the lwenty-i'i);hl ves.sels in .Ia])ane.se waters have alre.idy advised their masters that Captain Cox will superintend the tiaiisferrim,' i>f their fire-arm.s. The only dilliculty that jiresents itself is reHardinj; those few vessels whiih will ijo up to Copper Island for a short season, and thence to I?elirinj{ .Sea; tlieao I have advised to make the best arranj;(;ment.s they can to return their arms by some of the schooners which may be returning' direct to this port, 'J'lie greater number of the schooners on the Jiipanesc coast, after coiududing their season at Hakodate, and transforrini,' their fire-arm.s, will not i;o to Copper Island this year, as it is considered unprotilidde, and it delays them from reaching the .sealing' ; muds early in Aii;,'ust. I have, &c. (Signed) A. K. .MIl.NE, Collector. Honourable John CoHtigan. .Minister of Marine and KisherieH, Ottawa. ' No, 52. .,1 ^' The Marquess of Salisbury to Sir J. Pnuncefote. u « Sir, • • Foreign Office, May 28, 180(5. WITH reference to Viscount Goush's despatch of the I3tli Scptcmbur last, luid to my despatch of the 21st instant, I transmit to your K.xcellency, for your information, u copy of a letter from the Colonial Office respcctin^j the (question of sealing-up fire-arms on board Canadian scaling-vcssels in Hehrins; Sea.* I should wish you to bring to tiie notice of the United States' Government the arranjjements which have been made in order, as far as possible, to insure that the vessels entering Behring Sea during the prosunt season should leave their tire-arms behind. You will also mention that those vessels which proceed to l^ehring Sea direct will be furnished with a certificate that ttiey have no fire-arms or ammunition on board. In the opinion of Her Majesty's Government the precautions which have been adopted for the future satisfy all requirements, in respect of which a special arrangement for the sealing-up of arms was made in 1894. I am, &c (Sigtied) SALISBURY. • No. 51. No.. 33. The Martjueas of Sttiinbury to iSir J. Pi Sir, Forwrn OJfice, June 15, 1896. I COMMUNICATKD tcj tiic Secretary ot State for ttit; Coicaiies a copy of your Excellency's (icspatcli of the 8tii iiltimi). inclosinjj a further note from Mr. Oliiey on the subject of ihe alleged decrease of the number uf lur-seais m Beorinu; Sea owing to pelagic sealing. Her .Miijc"^ty"s Government liave no wish to prolong; tiie ;)ntroversv on this point, more especially m view of the arran;»ements which iurre now bttt-n made for coaducuiig in(juiry as to tin present state of tiie seal lieiti. .Mr. Secretary Chamberlain has, liowever, furnished nu- with certain explanations showing how tin- lii^iii-es as regards the pelagic catch ot' 894 uiven in your note to Mr. Olnty were arrived at, and it seems desirable that these ~*hoiiiil be communicated to the United States (jovcrnmcnt, in order t:-. remove anv iniaap©re!ienaion on their part in regard to the statements made on 'oelialf oi Her Majesty's ( jnwerament. The hgtires of the pelagic catch for ;y'.)4 were taken ironi p. 4- ol the Statistias relating to the IW-hring Sea Seal Fisherie^i. iTcentiy bmi beliire C.-jn»rres8 as an Apjjendix to the Annual lu-port of the Secretary of the Tivasur} and ahe uumlK-r ot seals killed on the islauds \ -a- found on p. (i of tiie i)rinted Repor: of tb-:: -onadian Privy Council, dated the 4tb .liui«wy, 1 S(J{5. The resaito-aBP as follows : — NiiutliiiPHii coast Tutikii fa attmitfr'airtiie-r' of tlfae TreHNHn- L- catch Total 24,101 31,j85 I6,0;i() 71,716 m p. 41 of the Statistios already (juoted seemf; to show tha; the -"•tnsir catch for 1H94, whirh is (jtven in the letter Tromthe Secnraar>' )liie^. IS made up by auiitin:: to the ascertained ptia^ic catch oi- the : tlb^'itulk of the syiaa.iairiBd at United States' ptjrts from locuJiisifis With resart unBmution in the pelagic- catch for 18!)5, tbs Secretary ot TJfan Treasury amve- oii-ju sicn that the avrrnpc catcli per vessel in y«riinng Sea feb aff by 1- per cent. :. ■"!' oij lie assumption that tittv-nine vessels wee- imirnged in Ifee fishery tbere, ami tiiai tiiey iu comjjletcd i;ncir li*hing season. It appears. iio«wKver. irrmt ihe detailed Reports, tliat only Hfty-eiurht veaselti tooii pirt in the fishery, viz., forrv litnuBli and eicyiteen American vessels. Of tliese, he " E. B. Marvin," the " Bentricc,"' una: tiie " Louis Oisen " were seized in the course ot the seasm, and (lid not thercfoi-e cuinptet- their catch. Only one vessel, the " Favourite. ' was similarty seized in 18i)4. In brin;;ing these observstioiis to Mr. Olne_\'s notice, I have to recjuest your Excei- iency to add. with reierence to the last paragraph of his note, that, owing to the notice of the modus vivendi huvini; been issued so lale in iH'Jl, Her .Majesty's Government paid a large sum as compensation ti«r interlerence with tlie staling industry, and that they are unwilling to incur such a li;iiviiity in tlie present season without paramount necessity being shown to justify an interrugtiuii ot the tisliery. I am, &c. (Signed) SALISBURY. No. 54. .idmiriilly to Foreii/H O^ce. — {Received June 'J6.) IMt; * Admit,, li, June 2i,\S96. I .\M coinmaiuke carried out. I am, ivc. (Signed) SALISBURY. fll No. 54. t.688j 74 No. M. Sir J. Pauncffottf to the Marqwtii.t of Salisbury. — {Ptcrived July 16.) Mv liord, Wnthington, July fi, 1890. IN idihiiliancc with tlic kisliuctions contiiiiied in your i>(>nislii[)'« i.cs|)auli ot the 2Stli Aiav l.i-[, I a(l(ire8.xcfl a note on tlie lyUi ultimo lo the Linitid M.iies' Secretary ol State, iiiluniiin^ liim ol the arranKemtnts which have oeen made Ui insure, as tar as possililc, thai rire-ariiis shall not he tuiiieil by seaJinu- vessels enterma Mehniifj Sea tluriiij!;; lite |)ii'.seiit sea-oii , ilio^e ;uiaii^e!iieiil> lieiiiu sei liirth n liif leiirr lidiu ihc (\)ii)inHl Olfiee, ni whicli a copy was iiiilnscd in ynur LonUhij) s ilt>(>nteli, J have ibe huiiour to transmit, hciewith a copy ot a note addressed to nic by Mr. Oiney in reply and ot itH inciosure, a luveniineiit on ihe subject. I have, Hic. (.Signed) JULIAN JfAUNCEEUTE. I -<4- Incloaure 1 in No. 66. Mr, Olney to iSir J. Pauncefote. Excellency, Departmitnt of State, IV a shiny ton, July 2, 1896. KhKKRRlNG to previous correspondence concerning the question ot lire-arms on board Canadian sealing-vesseis, and paiti.C'.. June W. ^SW•.. I HA\ K the lioiioiir to ackuowleili;*.' your noU- ut tin- •.i.'lrii June lust. liausiimtiiiK' C()|) ■a li'ltcr ot fl:e Idth in^ta.it (Vdiii Sir JuIimii I'.iiiiici toti III SUKI I'tttT Sir .liiiiaii states tluit the followir.j,' aminL't'int'iiN itavr lu-m maiif to in»iire tlmt iire-anns .-.hall not be onrrii-d tn Rniisli vessels in Reiirini; Sua (iuriiit; tin- pioent season : — 1. In rcjiianl to vessels sailina; trom Viit'iria, Hntisii ('oluuiliia, lor Japanese waters, he slates that tin- Coliector of Customs at N'ii'tona has seen the i,'re.it'.'r iiuiiil)er of the owners and several of the masters, and hii- iiiade, as he thinks, nearly coniitlete arrange- ments lor trun.sjiinpin^ all tire-arms trom UaUuiate liy steamer to Victoria, 'I. In the; case of vessels proceedim: tci the luiLihhoiiriiood ni" the ConiiiiamJer Inlands. Sir ,liiiiaii states ihat the Collector rei)orts that ctiuris uiil be made to have the tire-arms translerrttl to some homeward-hound vessel, ot lefi at sttiiie rendezvous uiilil operations in lii '.iriiiL: '^ea are cr)nelude I. ■?. With regard to vessels pioeeediiijif direct U) lielniuir Sea Irom liritish Columbia, he stall's that the masHi- will be fnrnislied with ccrtiheates that they have no fire-arms or ammunition on hoaid 1 have the honour to icplv that I have e. relully considered '"^n' Julian's letter, and would ^ll,t,'^est that vessels proceeding direct to Uehrini; !3ca Irom Victoria should pnseiu the cerlilicate alhidcd to in said IcHcr to the Deputv Collector of Customs or to Captain (" L. lioopei-, K.C.S.. in char;;e oi our patrolling tieet ai ITiialaska. and that thereupon s.iid vessels be seaiclied b\ duly authorized patrolling otHeers, and the lact indorsed on the certilieale; that such certificate, duly indorsed, niav be accepted by the otticers of the patrolliii!^ vessels as evidence of the lact tlial no fire-arms are concealed on board unless sii!iie information or eviileiice of violation of law other thin mere sU;-.pieion is m the possession (It OI louiid by the boarding ollicer. I \sould tiiither siiggi'st that a representa- tive o! the Unileil Stall"-' Ciovenmient be allowed to iiispeel all s^al-skins taken m liehring Sea aii'l landed at nritis;i Columbian port«, to discover wliether or not the seal.s Ijave been shot. It these two siuzestions could be aitopted, ' he, would certainly ohvialu much of the iiievit.i' le trouble anu delay caused by the searching ot liritish vessels I assutiic that as rci:ard« vessels now in or i-n laiilf lo .Jap.iuese waters, it vvould be impossible lo carry inU) efliuct any such arrangement. 1 will, however, communicate with Captain Hooper of ihe patn lliiij; fleet, and stale the ertorts of the Collittm- at Victoria to bring about the transhipment ot tire-arms belonging to such vessels, or the leaving ol thein at some rendezvous, and lie will eommuuicate these facts to the otiieei? of the Datrulliiig vessels. 1 would respectfully sug'^est that the Biitisli (ioveniniein be rcnjiosted to consider and advise us as speedily as possible whetlier or not it will auree to these suggestions, as 1 would greailv prefer lo cover the sarious ijuestioiw raised in ."lir Julian's letter in one conununicalioii to the patrolling tleet, a-id us tbeie is but litlie time in which to eom- muiiicale with said tieet heloie the cunimeucemeiit of the sea.'ing operations in Ueliring iSea on the 1st August. Uespect fully yours, (SiH;ued; " C. S. UAilLi.N, Acliny iSecretary, w No. 67. Colonial Office to Foreign Office. — {Received July 31.) iSir, Downintj IStreet, July 30, lb9«. 1 AM diiected by Mr. Secretary Chamberlain to ackiiowleo. 66, M s^ ;; 78 securin!; tlie obscrvuncc of the law prohibiting the killing of seals by means of fire-arms in Bclirint; Sea. The Doiiiiiiion (ioverniiiLiit, to whom these proposals have been communicated by Sir J. Paimco(i)t<', will no doubt in due course furnish him with their observations on them ; but Mr. I'hainberlain has but little doubt that their opinion will be adverse to the Bcce[)tniice of these ])roposal», and be does not consider that they are of a nature to conimend them to the favourable consideration of JJor Majesty's Government. As Um\ Salisbury is awaie, Her Majesty'n (jovcrnment have not invited any proposals from the Uiiited States' Government in this matter. They have had to complain seriously of the vexatious and unwarrantable manner in which the United States' piitrol (iHiciTs last year exceeded the power conferred on them, of assisting the British officers in policing the tishcries so far as British vessels are concerned. Vessels were searched time after time, at inconvenient moments; the skins on boaul were all jjulled out of the t^alt and left scattered over the hold, and then had to \k- repacked by the crew, only to be pulled out aijain next tine that a cruiser was met. Her Majesty's Government pointed out that the British law ui\der which the United States, as well us British otiicers, act gave no authority for searciiing a vessel unless there was reasonable cause for suspicion that an offence iiad been committed, and^liat some of the vcbscIs which were most frecpiei.tly subjected to this haraesing search were actually furnished with ciirtificates from the authorities of the port Jrom which they had cleared that they iiad no arms cm bouni, a diieument which furnished .strong prima facie evidence that liiey h;id eonimitted no offence, and rendered the proceedings of the United States' officers entirely UMJiistifiable. It is lawful to carry lire-arnis on board of S'-aling-vessels in liebring Sea, it is only their elleelive use that constitutes an oHence. The United States' officers are not therefore justitied in searching a Brili.sb vessel simply to .see whetlier she does or does not curry fire-arms. But in order to protect British subjects from these unwarranted amioyaneis, arrangemeuts have been made for the issue of certificates this year to all vessels clearing from (Canadian ports direct for Behring Sea, and for the collection of the arms of all vessels proceeding to Behring Sea from the Japan coast fishery, and Her Majesty's Government had hoped that these arrangements would have satisfied the United States' Government that there could be no justification for their officers to again exceed the powers in regard to British vessels conferred on them by "Tiie Beiiring Sea Award Act." Mr. Chamberlain regrets that this expectation lias not been fulfilled, and that proposals are m»w put foi ward which are based on the assumption that the presence of fire-arms in J^ritisb vessels is itself a breach of the iMiglisb Statute, and that not only are all British subjects engaged in the fishery determined to evade and contravene the law, but that the Britisli otiicers are re.uiy and willing to aid and abet tiiem in so doing and to issue false certiiieafi's tor the purpose. Certificates issued by British otiicers are only to be accepted after the vessel has been searched and tht certificates indorsed by a United States' ofiicer, even a British naval officer not being trusted to j)erform this duty. Further, even after the United States' otiicers have satisfied tiicniselves tb;it the vessel carries no arms into Behring Sea, the catch is to be examined by a United States' otiieer after her ret\u'n to \)utt in order to make sure that no arms have escaped discovery, or presumably been procured in Behring Sea. Such a demand can only have been put forward under a complete misapprokension of the poi'ition in which the question of the seal fishery was lelt by the Award cf the Arl)itiation rrilmnal. The decision of the Tribunal rieclared that the United States had no special property, interest, or tight in seals on the liigli seas, and while iayii'g down certain regulations f()r the pursuit of seals at sea in the common interest ol the lishery. lelt each nation to provide the i( gislative and exeeutive measures necessary to give effect to theic regulations so llir as its own subje(ts are conccined. lnlern;itional (otiiity undoubtedly deinands in these ciieiiiniitanees that cacii nation shall lake iidccpiate i!ieasun-s lor preventing injury to tlie common interest by its .".ubjects, but it also iirsmnes tli..l each nalujii will taithlully carry out its obligations, and if. conlm on the one no light to dictate to the other what measur s slionid b( taken, though il jiistitie;> leniohKiranee it tile mcusures are foumi by experience to be inade(]uatt'. The Lmtcd Slates' (jovernmeiit has produced no evidence wiialevcr that tli< legislative and other measures a^iopted by Her Majesty's Government have tailed, but tlie\ Uhsumo that they are inadequate, and thai Her Majesty's Government are not prepared to discliuige their duty in rcuaid to the prottetion of ilie eumusou iulcrest, and ilaim the 77 urmh III itccl hy oils oil to the til re to right to exercise over British subjects and Britibh veii8eis powers of search and supervisio" in excess of those j^iven by the British law. 1 am, &c. {Signvxl) JOUX liUAMST(JN. cd any had to States' British boa 1(1 to Ik' Hei ates, as ere was of tile ictually cleared videnco States' No. »8. Sir J. Pauiwefote to the Marquess of ISalisburij. — (Received Awjitst 3.) My Lord, IVushinijIon. July '21, ISlMi. T HAVE the honour to inform your Lordshiji that, in ri)iii|iliB«cr with tiic instrnctions contained in your Lordsliip's despaN-h of the 13tl; Muy last. 1 adilressed a note in the sense of tiiat despatcli to the United States' Secrelary of State on tlic (juestion of the presence of United States' counsel at the trials of British vessels seized for violation of the Bchring Sea Award Act. I have notv the honour to transmit to your liordship a copy of a note addressed to nic by Mr. Dliiey in reply, in wiiich ho informs me, as your Lordship will observe, that the United States' (ioverumeiit will give their careful consideration to the alternative propositions nmde by Her Majesty's (Jovern- inent. I spol.' to Mr. Olncy of the question, referred to in the last pjiiiKraph of your Lord- ship's despatch, of the establishment of an International Court, which shall ()< ;il with future claims arising out of the action of the otticors inlrusteil witii Ihi" enforceiiioiit of the Laws enacted by tlie Legislatures of the two countries for giving etfect to the I'aris Award. He was not disposed to enteriaiu the proposal at present, but he thought its consideration might be resumed at a later date, atul after soiiie cxperieiico had been gained of the working of the Behring Sea Claims Commission. I have, &(-. (Signed) JULIAN PAUNCEI-'OTK. m ',;,'« Inclosuro in No. ISH. Ml . liockhill to Sir ./. Paunafoti-. Kxcelleiiov, Ih'imrlment >t' SIdtp, IVashtngton. Julij 22, ]*^e, with satisfaction, the receipt of your note ol the 2.5th ultimo, in which you state that Mor Majesty's (lovernmcnt sees no objection to the cases being watched, as proposed, '-v counsel tor the Uiiiteii States, and that the counsel bo employed siionld lie periiiilted o examine the pleadings and to make suggestions to the British counsel ; sinli siiggi'stioj.s, however, to be confined t.> the object of protecting United Stales' interests, and not to lie admitted as regards the enfiuceinciit of the Behring Sea Award Act, tlie enforcement ot that Act being tlie duty of Her MajestCs (loverniiient. Tiie Depariiiient has, moreover, noted the further statement in your note to the eflect tii.il in existing circumstances Her Majesty's (iovcniiiient is unable to consent to the United States' ( iorcriii;i(.:it being reco;;iiized in the trials in (piestion as .\ party to tlK litigation %uh a locus standi before the Court, but that the situation would lie alteretl i!' the I Mite should be UTi»illiiig to assent to such an agreement for the payment of daniatie-. merely upon terms of being permitted to watch the eases, an arraii;;ement might lie made by wliicii l\w Ameriean (loverninent should employ solicitors and eounsel, ami <*ondnct the iirosecution of the suits in the name of the Crown. In reply, I beg to say thai \our alternati' propositions will receive from this (ioveru- mvnt the con».Hi< ration «4Hch their iuiportuiK e demands, I have, (be. It M, W. lUXKUTLL, ActiiKJ HrrrffuDj. 9^ No. 69. The Mar^e»$ of Salubury to Viteount Gougk, (Telitliic.) Foreujn Office, Auijunt 3, 1896. SIR J. rAUNCEFOTE'S despatch of the Hth July. A detailed reply will be sent to United States' proposals. Her Maje.sty's Govern- ment reu:ret tiiat tliey are unable to enter into the .suir;:;ested HUi)plein arms ivitli in-m. I'lutsi' tluit iiavi' cluttred tor llie Japan an i Asiatic coast ^l«inty-fi)^ht in all) liavo airan::e(l to return their arms before entering the Mehring Sea; liui.si' ves>els leavin;; .lajmn on tiei;;lii. ami those leavinj; tlie neigiilioiiiliond of the (.onimander Islands in one ot the sealers not enterinf:; tlie Mehring Sea. Thw siiould remove one source of ditticultv. No. 63. Viscount Gniigh. to the \far(fui'ss of Snliibiiry [liereived September 7.) My Lord, Nevport, Rhode Island, August 2(5, 1896. A>> reported in nij teic^riini ot the Tlh uisiiint, 1 cunnnunicated to tne United States' Government tlie substaice ol your Lordship's telegram ol the 4th relative to the supplementary arranj^enients proposed by ilie tiecrctary of the Treasury in regard to the tire-arms ot vessels enterint; Kelinng 8ecri'lurv of Stnte tor Koreiiiii Atiaii-s u copv "{' Mr. Olney's note ot the 2ii(i ultimo, as well as a I'ljjv ol its iiiciosure diitcil the 30lli June, in which certain arrangements were sug{jesie speedily as possible ot the view.s ot' Her Majesty's (jovernment u|niii tin- si;b|e(t, 1 liavc been iiwrucled tu inform you that Her Majesty's Government regret that they ctiknivt enter into the suppleiiienlury arrangements in regard to sealers eiitcring iVlirinn Sciu >*retautioiis already adopted, and which were descnlu'd in tlie note ol Her illajcsty's .Anibassailor dated the I'Jlh June,* will be sutiicieut to insure thai no tire-arm^ will tie used by tlie sealers in question. 1 have, ttc. (Signed) GOUQH. m .'i-i Inclosure 2 in No. 63. .V/r. Rockhill to Viscount Oough. My Lord, Washington, Augmt 26, 1896. RKFKllRlNfr to your note of the 7th instant, the receipt of whicii was acknow- ledged on tlie 12lh, I have the honour to inform you that I am now advised ot the views of the Secretary of the Treasury concerning the precautions which the Collector ot Customs • See No 6a. I. 80 at Victoiiii was adopting; and endeavourinc; to adopt witli regard to the transhipment of firc-uinis iVom IJiiti-^l) vessels ()|)eratinf,' (hiring the early part of the sealing season on the Asiatic coast and in the neighbourhood of the Komandorsky Islands, as duscrihed hy Sir J. I'liunceidU's previous note of the 20th (? 19th) June last. On tlie 2n(i July, in answer to (he said note of the 20th {? 19th) June, Mr. Oliiey hod the honour to" submit, for the consideration of Her Majesty's Government, the supplementary arrangements in regard to sealers in Behring Sea, which arrangement, as I am informed by your present note of the 7th August, cannot be entered into l)y Her Majesty's (iovernmcnt. As soon as the refusal of Her Majesty's Government was made known to the Secretary of the Treasury he notified Captain Hooper of the fact, and advised him that the Treasury Department regrets that it caimot direct him to accept the certificates alluded to in Sir J. I'auncefotc's note of the 20th (? 19th) June as final on the question of the concealment of fire-arms, but that the entire correspondence is transmitted to him, in order tiiat he may take such action as in his discretion may reduce to a minimum the inevitable annoyance connected with the searching of vessels. I have, &c. (Signed) W. W. ROCKUILL. No. 64. tm •I: llie Marquess nf Salutbury to Viscount Gough. My Jvord, Foreign Office, September 9, 189(i. \\ ITfl reference to my telegram of the 3rd August respecting the precautions for preventing the use of fire-arms in Behring Sea, I have to state that the ste|)s taken with this object by the Canadian authorities were also designed to protect the sealing-vessels from interference in the course of tileir voyages and sealing operation?. .Arrangements were made for the issue of certificates to all vessels clearing from Canadian ports direct lor Hehring Sea, and for the collection of the fire-arms from vessels which had previously been engiiged in the fishery off the coasts of Japan ; and it was hoped that these arrangements would satisfy the United States' Government that no fire- arms could he used, e8|)ecially in the case of the vessels which were provided with certificates. In the correspondence inclosed in Sir J. Pauncefote's despatch of the 6th July, supplementary arrangements were put forward on behalf of the United States' Govern- ment to the effect that vessels proceeding direct to Behring Sea should present their certificates to some United States' authority at Unalaska ; that the vessels should be searched, and that the certificates, after being indorsed, might be accepted by the ofiScers of the patrolling fleet as evidence that no fire-arms were concealed on board ; and, further, that a Representative of the United States' Government should be allowed to inspect all seal-skins taken in Behring Sea and landed at British Columbian ports, in order to discover whether or not the seals had been shot. I iiuve already expressed to you by telegraph the regret of Her Majesty's Government that they could not enter into these arrangements. Besides the objections which might he raised to the nature of the proposals. Her Majesty's Government have had some mis- giving as to whether the sealing-vessels would be guaranteed from interference after the obser\imcc of the preliminary forcnalities, and previous experience, notably in the case of the Agreement for sealing up arms in 1894, bus shown that such expedients have not had the desned effect. They would, however, be disposed to agree to the provisions for a search by duly- authorized patrolling ofiieers at Unalaska, and for the indorsement of the certificates, if it were uiulcrstood that the indorsed certificates should be regarded as an absolute proof that no fire-arms were carried. In communicating the substance of this despatch to the United States' Government, you are aceurdingly authoriied to projjosc, with reference to the certificates, that the words " shall l)c aeeepted " siiould be substituted for " may be accepted," and to state that, with this alteiation, Her Majesty's Government would Ijc (ircpared to accept the first portion of the .vuppleiiientary arrangements suggested by Mr. Haudin. The examination of the seal-skins by United ^States' officers in British ports would involve a fresh departure from ordinary international usages, and, as such, would require very serious consideration. There are, moreover, reasons for doubting the expediency of relyinff on this invcstijtation for tlie |)m•l)o^(• of asccrtniiiiiig wlu-fher fire- arms Iiave been used, owing to the well-known ditliculty nt lurivinj; iit nny ci>!Klii!.ivc results. You will therefore explain to Mr. Oiney that Her Miijisty's Governincnt do not, in present circumstances, feel able to adopt tiie lutter part ft Mr. Ilandin's 8UL;ife»tions and you will represent to him that the additional precaution- lo which they are now preparerily at Unalaska ; that the vchbcis should he scurehed, and that tin- certiticutis, after Leintj indorsed, mij^lit be acx;e|)ted by the olfieers of the patrolling (leel us evidence that no fire-arms were concealed on hoard ; and, furliier, that a Uciircseiitative of tlie United Statis' Government shouUl he allowed to inspect all seal-skins taken in Helning Sea and landed at British C-'ohnnbian ports in order to discover whether or not tlie M^als had hten shot. As 1 had the honour to inrorm you in my note i)( the 7th ultimo. Her .Majesty's iJovernment rei;ret that they cannot enter into tiu' suppli inentary arranjjements sug^^ested by .Mr. Ilailin (eontanied in Mr. t)Iiioy's above-nii ntioned note). iJcsides the objections wiiich mi;,'ht he raised to the nature of the proposals, Her .Majesty's Govermncnt have had siMiie mi.-i;ivini; whether the sealiii;;-vessels would he nuaranleed from interference alter the <>l)s' rvaiKf lithe pnliminary fornudities ; and previous e\pe!ience, notal)ly in the ease of the ai;reein('nt fur sealini; u|) aims in 18!H, Inis shown that such expedients have not liad tiie desiud etiect. Her Majesty's (ioverninent would, however, ho disposed to ai;ree to the provisions for a search hy duly authorized patrolling; otiicers at Unulaska, and for the indorsement of the certificates, il it were understood that the indorsed certitieates should be regarded as an absolute proof that no lire-arm were carried. Acting under instru( tions from the Mar(|uesM of Salisbury, I have the honour to pro|)()se to the Uinted States' Government, with reteieiice to the certitieates, that the words '•shall be accepted'' should he substituted for the words " nuty be accepted," and to state tiiat, with this alteration. Her .Majesty's Governinenl would he prepared to accept the first portion ot'the supplementary arrangements suirirested liy Mr. Handin. The examination of the seal-skins by Uniteii States' i)rtieeis in Briiish ports would involve a fresh de|)arture from ordinary international usagei>, and, as such, would re(|uire very serious cunsideratiim. There are, moreover, reasons for doubting the c\pedi-.*ncv of relying on tins investigation for the purpose of ascertaining whether fire-arms have been used, owing to the well-known ditlieulty of arriving at any conclusive iresulls. I am theivtbie instructed to state that Her Majesty's (Tovcrnment. do not, in the present circumstances, (eel able to adopt the latter part of Mr. Hamlin's sug'.!estions, but, 1 am conlident that the additional precautions to which Her .Maj-jsty's Government «re now pre|>aied to ;;ive their assent, and which I have described above, will "be found fully sufficient to meet the ie(|uirements wi)icb both Governments have in view, and I vcDtuie to express the lujpe that the United States' Secretary of the Treasury •nniy, under the altered circuinslauces, .see fit to instruct Ciplaiii C. 1,. Hooper, R.C.S., occMrdingly. I have, ifee. , • (Signed) GOUGH. luclosun; 2 in No. 6(3. J' Mr. Olney to Viscount Goiiijh. My Lord, J)cji(iitiiirnt <)/ 'Sliile, WashiiKjIitii. October VA, 181)6. WITH reference to your note of the I'Ist ultimo, in wbicli a detailed reply is made to the Department's note of the 2nd July last, on the subject of the use of tire-arms in Hehring .^^ca by pelagic sealers, 1 hiive the lior.Dur to inform you that I iiave received a letter of tlie .'ird instant from the .Acting Secretary of the Treasury, reviewing the coirc- sj)ondencc on that subject. Without going into unnecessary details, I beg to say that Mr. Hamlin, in the course of his rcm-irks, calls attention to the " somewhat surprising statement " in your note of the lilst ultimo, to the efl'.'ct tl-.at llei Britannic Majesty's Ciovcrninent has misgivings as to whether sealing-vessels woulil he guaranteed Irom intertere.iee even ii the propositions ot this (Jovernmeiit wen- accepted. In view of the fad that the sealing season is now finished, so that it would be iisehss to irive aiiv instructions to sealers at thi. time, anU imsniiieii also as there is i-oviiJed iciitary :t that SOIIU- liiif tht' a Hect ^ntativf ikcn ill not tile oils for of tllf as un S.I -shortly cxpcctrd ;i npirt frnni FroA ?snr .Ionian ami tlio other infur.ilists sent ti<.-(i pcndinjr the receipt of said report .is eai-h <;(.voriimcnt will then he Iti a l)etf'.M). WITH refcionce to Viscount Goiish's dcspateh of tlie 14tli Oetohir, von are authorized to infurm the United Slates' Cloveriimenl that Her M.ijesty's Govern- ment agree to postpone fiirtlicr (lisciis«.i(Mi in re^'anl to tiie nrranp;oments for jircventinjr the use of fire-arms in Behring Sea, hut in view of the ohservations eontained in the eoncludin^ paragraph of Mr. Olncv's note of ilie IStii nltinio, your Kxceliency should be careful to avoid any expression which might he construed into an admission tlinl Her Majesty's Government contemplate a revision of the Regulations before th«* period nomcd by the Arbitration Tribunal has expired. I am, iStc. (Signed) SALISBUHY. No. C8. . „ , Sir J. Piiuncctotr In the .\/rtrr/«e.«.v of Salisbury. — (liereired December '20.) My Lord, Wnshimjton, December 17, 1hl)(». WITH reference to your liOrdship's desjmtch of tlio 11th ultimo, instnictiii;; me to inform the Secretary of Statu that Her Majesty's Government agree to the temporary jjostponcment of the correspondence respecting the regulation of pelagic scaling in Behring Sea and the Nortli Pacific Ocean, 1 now liave tiie honour to forward herewith to your Lordship copy of a further note, together with its inclosure, which I have received from the Secretary of State on the same subject, in which he points out that the suspension of the discussion left pending two unsettled cpiestions, w hich lie proceeds to discuss at some length. Mr. Olncy states that in view of the fact that the time is nearly al hand when tlie Regulations for the season of 1^!(7 should be agreed upon, the United States' Govern- ment hope that Her Majesty's Government will find it convenient to give the subject early attention, and to forward any suggestions they may have to make in the matter. I have, &c. (Signed) JULIAN PAUNCEFUTK. Inclosure 1 in No. (58. Mr. Oliifi/ h) Sir ./. Piiinirrfiili I^XC(dleiu'y, Drpur/ment of Slulr. flashiinjtoii, Drrrmber \^u I^JMi. WITH relerence to the Deiiarimeut's note of the l.'Uli October last, proposing tlie temjjorary iiostponement of the correspondence concerning the regulation of jiehigic scaling in Behring Sea and the Nortii PaciHe Ocean, 1 have now the honour to observe that the suspension of the discussion left tivo unsettled cpie>'ioii-. pendiiiir : *1i'1ki11 i)e accepted by iJiilrolliiij; ollicers as coiicli!>i\e e\iikiK:e tliat no tire-anns aie concealed on board, iii effect pioposes tlial under siicli circmnstancjs there shall be no scarcli wliatever of such vessels. The (jlovenwnont of the L'nited States docs not think that the arran^jemeut ou^lit lo be made on tliat line. It considers a searcli useful for two purposes: first, it discloses «iiellier lire-arms or oilier implements arc on the vosel durinn; any prohibited time in vicdation of law : and, second, whether tliere are on board any seal->idiis, if in a close seuscm, and wlutlier tlure are any skins which have been shot, it' the vessel has been enirai^ed in sealinjj in Kehrinjj; Sea where the use of fire-arms is prohibited. While the sn^';;estion of Her Majesty's Government, if adopted, might properly be accepted as satisfactory evidence that there were no tire-arms or implements, forbidden to be used, concealed on board the vessel, there would still remain tiie second question as to whetlier or not in the close sen.son there were on said vessel skins freshly killed, or, if in IJebrinir Sea, shot. As re;>ards .\merican vessels, this latter (piestion is settled by a careful inspection of each skin landed by an expert inspector. This precaution, however, altliou:ili adopted by the Inited States upon the broad ground that it is absolutely esseiitial for itrevenling the unlawful destruction of fur-seals, J[er .Majesty's Government refuses to adojjt and declines to afford the United States an opportunity to make this inspection for itself by its duly-appointed iuKpectors. Under the circumstances, it will readily apjiear that if the United States were to accept tlie suggestion of Her Majesty'.s Government above referred to, it would result in di.sorimination against .American vessels in favour of those of Great liritain. At this time the mere I'act of the senling-up <»f arms does not protect American vessels from being searched ; on the contrary, they have been searched as thorouglily and as righlly as have the Britisii vessels. The sealing-ui) of arms is merely a part of the evidence from which the boarding officer knows that said arms could not liave been used in killing seals. To accept the suggestion of Iler Majesty's Government and cease to search British vessels, especially in lons' 'eration of the fact aliove stated, that United States' vessels are rigidly searched, and that no examinations of skin i are made at l$ritish ports, would be to discriminate douiily against American vessels. It is believed by this Government to he practicable to discover by an examination of skins landed whether the seals have been shot or speared ; also as to their sex, except in the case of pups. 'J'his method, I may observe, has been in practice for the past two years by the Government of the United States with most satisfactory results, and I take pleasure in transmitting herewitii, for the information of Her Majesty's Government, copies of a Treasury Circular, dated the 12tli April. l89o, giving full instructions respecting the pelagic catch of fur-seals. The sole object of the jiroposals made by this Government concerning these subjects was to prevent the unlawful destruction of the fur-seals, an object clearly within tile purview of the Paris Award, and which seems plainly indispensable, under existing circumstances, to the proper execution of the respective laws enacted \)y the United States and Great Britain to carry that Award into ellect. Nor am I able to perceive that the proposed Regulations would interfere with any lawful business carried on by Her Majesty's subjects. In view of the fact that the time is nearly at han.i when the Regulations for the season of 181) <' should be agreed upon, it is hoped that Her Majesty's Government will find it convenient to give the sul)ject early attention, and to afford this department the benefit «)f any suggestions it may have to present. I have, ifcc. (Signed) RICHARD OLNEY Inclosure 2 in No. 68. Information rexpecling the Pelagic Catch of Fur-senls. Treasury Department, Office of lite Secretary, Wa.yhin(jton, D.C., April V2, IfiO'). To Collectors of Customs and others ; roll the purpose of complyin'i with the .Act of Congress "approved the (Ith April, 1894. "To L:ivc etl'ect to the Awar<« rendered by the Tribunal of .Arbitration, at Paris] under the Treaty between the United States and Great Britain concluded at Wushiii'-ton, • Incl.'«iiro I in No. 66. ^Joard, in ■ of such n;?emeut first, il rohibited if in a 'ssel Jias >l)erlj IjB brliiuden estioii as J, or, if oil bv a However, «()lutelv eminent ike this 85 the 29tli Fibruary, 1892, lor the purpose of siil)initliiii,' to arbitrati.in certain questions concerning the preservation of tiie fur-seals," Collectors of Custouis and ibeir (Ifi)uties are informed tliat the masK'rs of all vessels cnuMijed in fur-st:i| lislierics, whetiier licensed or unlicensed, must make entry of their catch at the ('u-itoui-iiouse, and at the time of entry nuisl tile with the Collector, duly verified hv oatli, t!ie othcial lo;,'-l)ook, or a copy tiicreof, required to he kept by Section 4. Act", the Cth Ajjril, ISiM, and in addition thereto must furnish under oath tlic information required by the inclosed form (Catalogue No. 204), which form must le duly tilled out and tiled on entry. Furthermore, each skin in the said catch shall be inspected at the time of entry by inspect(>rs duly apjioiuted for said purpose, as to nundicr, sex, and mode of killing', and the result dulv'certified to the Collector. When said form has been filed on entry, two copies tliereof shall he jirepared and certified by the Collector, who will at once forward liy mail one of sncii cojiies to the Secretary of the Treasury, and one to the Commi-sioner of Fish and Fisheries, Washinuton, D.C. ; each of said coi)ies shall have annexed thereto a copy of the lo;,'-book entries as to catch of seals filed on entry of ti>e vessel by the master thereof. Such additional copies of the form as may be necessary for use will be furnished by this Department to Collectors of Customs on requisition ; copies of log-books with instructions as to entries will also be furnished Collectors for distribution. Copies of this Circular and form will also be issued to the Coinman.lin;; Othcers of United States' revenue-vessels employed in patrol service in Alaskan waters, by whom they may be used as a basis for intjuiries when l)oardimr vessels (.'ngaged in pelay;ic lur-scal fishing. As a guide to ins))ectors in examining skins, appended hereto will be found outline sketches of male and female fur-seals, seen from tiie under side after the removal of the skins, showing the lines along which the cuts are made in skinmng (Figures 1 and -*•) ; skins of male and female seals, seen from the raw side, showing the positions of the indentations on the margins of the male skin (caused by cutting through the genital opening), and of the teats in the female skin, by which the sexes may he determined (Figures 3 and 4*). The presence or absence of teats furnishes the best evidence as to the sex represented by the skins of adult seals, the differences presented by tiic skins of the two sexes being shown in the figures which accompany this Circular. The ttats, four in number, are situated near the margins of the skin, about midway between the flipper holes and the tail end. They are not readily discernible, but their positions will be disclosed by feeling with the fingers over the raw side of the skin, and, when found, they can eas'ly be pushed through the fur. In the males the teats exist in only an undeveloped condition, and the genital opening, cut through by the operation of skinning, forms a sligiit indentation on each margin of the skin, a short distance in advance of the rear end, these indentations, however, being oltcii disfigured in the cutting. The skins of male seals over three years old may be recognized by their large size. The sex of young seals is more difficult to determine, the teats being undeveloped; but traces of the {jenital openings of the young males may be looked for on tiie margins of the skins as above described. If, on examination, a vessel appears to have been engaged in fur-seal fishing within the area covered l)y Article 2 of tlie Paris Award, witlmut the special licence |)rovided for in Article 4 of said Award, entry should be refused, and the facts reported at once lo the United States' District Attorney fcr proper action. You will duly advise the Department of such action. (Signed) ClIAllLESJ S. HAMLIN, , Acting Hecretur;/. I No. no. The Marquess of Salisbury to f-ir J. Pauncefote. (Telegraphic.) Foreign Office, January 14, 18l»7. BFllllINCi SKA. Piease communicate to the Governor-General of Canada, for the observations of his Ministers, a copy of Mr. Olncy's note inclosed in your despatch of the 1 7th ultimo. Inform the United States' Government at the same time that you have dune so, and explain to them that legislation \ uld be required in the Dominion lor the cumpuUury Nat rcproitucol. 86 f'xamination of skiii« I)y cxjjcrt^ whi'ti liindcd iit Canadian ports, and tliat until tlii' rereipt of the Canadian (lovcrntiicni's views ilcr Miijcsiy's Goveininciit cnnnot. s^o beyond tiic oflTer which Lord Ooiisli was instructed to riiako in my dispatc!i of the Otli September last. No. 70. Sir ./. Pnunrpfoir to tlu' Mnrqupsx of Snlishiini. — (Rerrivrd Fohriuirii 4.) My Lord. Wdnhinfjtnn, Janiiarji 2(», ISf)?. WITH reference to niy despatch of the 17th ultimo, I iiave tlie honour to forward herewith to your l^ordship cojjy of n note which I have received from tiie Secretary of State, askini; to he inlortncd as to wlien the Canadian Government will prohahlv be pre- pared t() fake action in rtiraid to tli(> <]urstion of the inspection of seal-s|rwards presented to Congress. With reference to Mr. Olney 's recpiest Tur the comniunicafipn of a preliminary Report from the British Agent who visited tin.' PrihylolV Islands, I have to re(|ue.st' you to inform the United Slates' ( Jovi-rnmeiit that no fiu'iual record of proceedings has yet been received from I'rofissor 'rhom)is(TE. by the Arl)iti-ati(.ii Tribunal of W.);i. ri,;it p.-n,,,! r\piiTs ,it lii.- cl.i.v t.f ilu- season of 1H!>8, and it would lie dcsiiuhli: fliat the discn.shiun of the modilu-atiuns, wliicli inav he found nt'ccssaiy, should taki- jiliicc in tlii' couisiv „f tliat year, in ordir..us of sendin;: out special Ai,'onts a!j,ain in .June next to enrrv on further in.iuirie-. and n1.>.ervatieiis in tlie I'ribylolV Islaiuls. Professor Tlioinpson has expri'SM'd Ids vieAs as to the various pi.ints in reijard to seal life Avhicli recjuire further investigation, to enable Her Miijestv's (ioverjiiui'ut to consider the question of revising th(> Reiiulations. The statistics of lornier observers wt.re fou id to all'ord no evidence on wnich an accurate estimate of the diniimition in tlie "r.iiibir of seals eoidd be baM.d, hut the careful couut of the seals which was made last sununer forms a valuable standard for comparison. It is \ov\ essential to ascertain, as far as I'ossible, what lias been the result of last season's operations ou land and at sea, and also to obtain the latest information as to th(> number of seals fre(|uentin'.;- the islands. The result of the joint investiuations showed tliat no 1,'rejit diii'icully was found in taking 30,0l)(» seals on land in 1^00; and, whatever nundier it may be decith'd to kill this year, it is important to observe with what dc!,'re sanu- freedom of action as they enjoyed last year. I should wish your Excclleiu-y lo communicate the substance of this despatch to the United States' riovernment, and to recpiest them to lie good enough to arrange that facilities and accommodation may, as before, he provided for the T?ritish Agents. Vou .should also state that Agents will be sent to the Conimaiuhir and Hobhen Islands, and thai an application has been made to the Russian Government on this subject. » I am, itc. fSjgi.ed) SAl-ISHUKV. No. 72. '■" ... <;..'. Tlf Murquesa of Salisbuiy to Sir J. Pauncffotc. ' ' '"'' Sir, ' I'arcitjn Ojflre, Muirh '.), 1807. " IX your E.\ccllcncy's despatch of the L'4th July, iSOii, forwarding a copy of a note from Mr. Kockhill, Acting Secretary of State, it was stated that the IJnitcd States' Government would give their carefal consideration to the alternative proposals of Her Majesty's Government with regard to the representation of the United States by counsel at the trials of Britisli sealing-vesscls seized by .Vmcrican revenue-crui.sers in Behring Sea. I should wish your Excellency to endeavour to obtain an ansrtcr from tlie United States' Government to tlie suggestion that they should enter into an agreenu'nt to satisfy the Judgment of the Court if the seizure should be held to he wrongtid. an arrangement being at tlie same time made by which they should employ solicitors and counsel, and conduct the prosecution of the suits in the name of the Crown. In the opinion of iler Majesty's Government, it would be more satisfactory tliat each country should become responsible lor the prosecution of vessels seized by its otiiccrs, and in support of this view you should refer to tiie seizure of the " Beatrice" in 18U."), in conscciucnce of which Her Majesty's (Jovernment have had to pay costs and damages amounting to 734/. 1 autliorized you in my despatch of the L'2nd May, ISOO, to state that IJer Majesty's Government would not feel justilied in proceeding •Aith an appeal in this case, as requested by Mr. (31ney, utdess the United States' viovernmeut were prepared to bear the cost and to sutisfy any damages which the Court might award. It would no doubt have been better in this inst:inco that the prosecution should have been conducted from tlie outset by the United States' (jovern- ment, who would then have tlieiv,selves been at liberty lo decide on tlie t|iiestioii ot appeal. Vou should lake this opporluiiity of staling, with reference to .Mr. Oiir'y's note of the 1 -'th December, 1890, a copy of which wis inclosed in yo;;r despatch of tiie 17th S8 Decenibcr last, that Her Majesty's (Jovcrnnicnt are ^>till in correspondence with tin Canadian (iovernnient respecting the Supplementary Ilegulations desired by the Unitcl States' Government, providing for the examination of seal-skins at Canadian ports, and for the Kcaling-uj) of fire-arms on board British vessels, and that a further communi- cation will be made on these subjects as soon as possible. I am, &c. (Si-ued) SALISilUllY. No. 7.'J. Sir J. Pauncefote to the Minqtiexs of Salisbury. — (Received March 29.) Jly Lord. Washington, March 19, 1897. WITH reference to my despatcli of the 2oth January last concerning the inspection of seal-skins and the use of fire-arms in Beliring Sea, I have the honour to transmit iierewith copy of a further note which I have received from the Secretary of State, rcquestini;; that a reply to Mr. OIncy's note (c()|)y of which accompanied my above- mentioned (lespatcli to your Lordship) may be expedited. I have for\vardceccmber, 1S9«, in regard to the proposed adoption of amended regulations for jjeiagic sealing in Behring Sea and the Nortli Pacific Ocean, particularly as to those concerning the inspection of skins and the use of fire-arms, and to your r.ote of the 16th January last, stating that the proposed re;;ulations, in so far as the same relate to the inspection of skins, cannot be made compulsory without legislation by the Canadian Parliament, I have the honour, in view of the near approach of the opening of the sealing season, to recall your attention to Mr. Olney's note of tlie •J.3rd .January last, asking to be informed of the date when the Canadian Government would take action in regard lo the inspection of seal- skins. The urgency of this matter must be apparent to Her Majesty's Government, for which reason I trust that you will do all that in your power lies to expedite a reply upon this subject. I have, &c. (Signed) JOHN SHEUMAN. No. 7-I-. Sir J. Pauncefote to the Marquess of Salisbury — {Received April I.) My Lord, Washington, March 23, 1897. I HAVE the honour to inclose iierewith copy of a note which I have this day addressed to the United States' Secretary of State, in compliance with the instructions conveyed in your Lordship's despatch of the 6th instant, with regard to the revision of the Sealing Regulat'ons and the reappointment of British Agents to visit the islands. I have, &c. (Signed) JULIAN PAU..'CEFOTE. 89 ith til, Unite! rt.s, and nimuni- II V. Inclosure in No. 71, Sir J. Fnuncffote to Mr. Sherman. Sir, Washington, Murch 23, I'?'.)?. WITH reference to an intjuiry made by ycur predecessor on the 4th January last respectini; the Report of Professor D'Arcy Tlionipson, British Commissioner in cltarge of the fur-seal invcsti i-i>i><>n'n>l iln'o cnn.^-,-, n.,.1 n f <....r.,-,....... ^t and pressinf^ tliat the vwdus viiPiuli should he renewed this season", and a Conference of the Powers interested be immediately summoned. The Honourable J. W. Foster, who was United States' Af^ent at the Paris Arbitration, has beer nominated by the President a C7. IN my despatch of the 9tli instant, I had the honour to report the lanjyuagc held to me by the new Secretary of State, Mr. Sherman, on the subject of the fur- seal fishery in the North Pacific, and his proposal for an international arrangement on a wide' basis, for the recuperation of the fur-seal herds, which, in the opinion of the scientific advisers of liis Government, are decreasing in numbers with a rapidity which threatens early extinction. The followina: ^''\v, but too late for transmission by the same mail, I received a note from him, of which i have the honour to inclose a copy. This note is a reply to that which I addressed to him on tiie 2;?rd ultimo, undir the instructions contained ia your Lordship's ?rt6 bv the ived 08 scientists of the two Governments bliould bo respertivcly made known to cacli other at the ef.rlicst priictical)lo date, my predecessor caused Dr. Jordan's lleport to be promptly prepared, and copies of it have been in the hands of lite Hritish Covern- ment for sometime past. It is much regretted that a similar cinnse was ntit pursued as to the Report of Professor Tiionipson, and pi( uliarly milortiiiiate tlial another season of |)elacration of <>reat Hritain. in communicL'.ting to you, Air. Ambassador, the foregoing action of the President, I invoke your good offices with your Government at London to secure from it such favourable action as w ill teiul to cement our relations of cordial co-operation and frieiulship. I have, &c. (Signed) JOHX SHERMAN. Sir, No. 80. The Marquens of Salisbury to Sir J. Pauncpfote. (Tclcgrapliic.) Foreign Office, April 21, 1897. A NOTl] in the sense of your despatch of the 13th instant was presented by United States' Charge d' Affaires, except that permission to renew investigation was made to de|)end upon accei)tance of proposals. You will receive instructions for reply at the earliest date possible. Danger of extermination is shown by Thompson's lleport not to be imminent. No. 81. Sir J. Pauncefote to the Marquess of Salisbury, — (Received April 22.) (Telegraph ie.) Washington, April 22, 1897. WITH leferenee to your Lordship's telegram of yesterday's date, 1 Iiave the honour to report that the Secretary of State has addressed a note to me, in which he states that his Government will welcome the visit of Professor Thompson to the Seal Islands, and will at once issue ordera to the local authorities to grant him facilities similar to those extended to him last season. intention ri'.icliod 'f it riijlit I race of er whicli it, that tianger izeil the Methods, wii that Pilling;, if e uiitlio- oneil or tration, 98 No. 82. The }r(irqueiis of Salishur;/ In Sir J. Pauticrfote. ^'''' -iM. V- r, Foni.jii OJfirr, .ipril ii.^'-'M. I 'I UANSMIT to your Kxcellencv herewith a copy of a note from tlie Unit ,tv's Uovertunent con- currin;:; in these proposals, full opportunity will be jventu Professor d'Arcy Thompson to visit the Seal Ishinds, in accordance wjUi the re(pi>st which w:ih made to th^ I' i icd States' (Government tlirou<;h your Excellency. Her -Majesty's Government were convinced that the Uniied States' Govcni- me/i dill not intend to refuse all further opportunity for investif^ation uidess these proposals were accepted, and I have accordingly been glad to receive \our K\ceU loncy's telegram of the 11th instant, stating that the recpiisile facilities uil' De accorded to Professor Thompson, to enable him to visit the islamls again this sea.-;on, and that Dr. Jordan will, it is hoped, join him iii his tour. The above urgent application is reported to l)e based on the result of Dr. Jordan's investigatious last year, in which, it is stated, Professor Thomi)son is believed to concur. I am now al)le to inclose for communication to the I'nited States' (lovernment copies of Mr. Thompson's Report,t fro;-.i wdiich it will be seen that the Presi United SUites' Government are not disposed to agree to the proposal made by Uer Majesty's Govern- ment. I have, &c. (Signed) JULIAN PAUNCEFOTE. 11 now at xidental ernment KTther can be Inclosuro in No. 85. Mr. Sherman to Sir ./. Pauncefote. Excellency, Washinyton, April 17, 1897. I HAVE the honour to acknowledge the receipt of your note of the 2'lth ultimo,* asking to be informed of the views of this Government as to the proposition contained therein; and also, in an earlier note of the 25th June last, to the effect that in the future all suits brought in British Courts for condenniation of British sealing-vessels seized by American officers for violation of the Bebring Sea Award be conducted in th«! name of the Crown by Counsel employed by the United States' Government, and that the United States should further ent(>r into an agreement to satisfy the Judgment of the Court if the oizures should be held to be wrongful. The proposition has received the careful consideration of the Government, aiul I beg to reply that the suggestion contained in your note cited above grew out of a request that the British Government give its consent to the appointment of Counsel to represent the United States in proceedings brought against the "Shelby," and to be brought against other British vessels for violating the Behring Sea Award Act. It was not intended, however, by that request to convey the impression that the Govern- ment of the United States desired to become a party to the proceedings, but menily that the privilege wa.-, desired of watching the progress of the trials, and of making suggestions fron- time to time as to matters in issue which aifect, or might affect, the interests of the United States. This privilege was very kindly accorded in your note of the 25th June, 189(1, ami fully satisfied every wish of this Governmtmt, which api)reciate8 every effort that has been and will be made by Uer Majesty's Government to punish infractions of the said Act by British subjects. Upon careful reflection, therefore, I can see no oerasion lor entering into the further arrangements suggested in your note to my predecessor of the 25tii June, ISOO, and recalled to my attention in your note of the 24th ultimu. I haAC, &c. (Signed) JOHN SHERMAN. No. 86. Sir ./. Pauncefote to the Marquess of Salisbury. — {Received May I.) My Lord, IVashinylon, April 20, 1S97. WrrH reference to your Lordship's despatch of the (5th ultimo, instructing me to request the United States' Government to arrange that facilities and accommodation [638] * See alio No 7 -J. i) 88 shoiilil, as In-forc, be provided for the British Agents on their visit to the Pribyloff Islands, I have the honour to transmil herewith eopy of a note which I iiavc received from Mr. Sherman, stating that the United States' Government will welcome the visit of Professor Tliompson to those islands. . .,- . (Signed) ' JULIAN PAUNCEFOTE. xr* -^ IncloBure in No. 86. Mr. Sherman to Sir J. Paunrefote. Excellency, Washington, April 16, 1897. I HAVE pleasure in confirming and repeating the oral assurance heretofore given to you that the Government of the United States will welcome the visit of Professor Thompson to the Pribyloff Islands, and that orders will at once be issued to the authorities on the islands to extend to him the same facilities granted him during his viait last year. I have. &c. (Signed) JOHN SHERMAN. No. 87. The Marquess of Salisbury to Sir J. Pauncefote. (Telegraphic.) Foreign Office, May I, 1897. WITH reference to your despatch of the 19th March respecting the Behring Sea negotiations, i have to inform you that the renewal of the Agreement for the sealing-up of arms by a duly authorized officer, on the application of the master, is ugreed to by Her Majesty's Government. The Dominion Government are unable to concur in the suggestion as to the exami- nation of skins by United States' officers at port of arrival. I authjrize you to inform the Government of the United States of the above. . A despatch follows. 'iJ No. 88. Sir, The Marquess of Salisbury to Sir J. Pauncefote. Foreign Office, May 1, 1897. WITH reference to your despatch of the H)th March, 1 have to inform you that the Cnnadian Government have expresised their views on the Supplementary Regulations proposed by the United Slates Government for the se;il fishery in Behring Sea ill regard to the sealing-up of arms, and the exaniinntion by United States' officers of the skins landed at Victoria from Hritish scalinji-vesstls. I have to-day authorized your lixeellencv, l)y telegraph, to inform the United Stales' Government that Her iMajesty's Government are prepared to agree tn the renewal of the Arrangement made in 1894 for the sealing-up by a duly autliorized officer, on the appli- cation of the master, of the arms on board a vessel proceeding to the fishery in hehring Sea, or returning to port during the close season ; but that the Canadian Govern- ment found themselves unable to concur in the suggestion that the skins landed from the British sealing fleet should be examined at the port of destination by American experts. At regards this last proposal, the Canadian (Jovernment arc convinced that even were it possible to establish that any punctures which might be found in the xeaUskins rvere the result of gun-shot wounds, and that they could be readily distinguished from 99 OTE. those made by speai>, it would still he inipossihli- to prove that the Hiiiiiial from wliich the pelt was taken had been killed by ineuns u( lire-arms. It is a matter, it is said, of coiiinion knowledfje that the skins ol' a lal•^e number of seals killed by spears contain shot-wounds, so that no weight can be attached to any argument derived frotti these wounds as to the manner whereby tlie ultimate capture oi the se<>l was effected. There is no means of provintc that these shot-wounds were not received duriiif^ the migration of the seals outside Hehrin^' Sea, where the use of tire-arms is not prohibited ; or that they may not have been inflicted by the crew of a vessel other than the one by which the seal was eventually secured by the spear. Moreover, sealers knowing that an examination such as that suggested awaited them at their destination, could readily add a spear-wound to the skin hail the seal been shot, thus effectually destroying the utility of any such test. The case of the " Kate" is referred to by the Canadian authorities as illustrating the force of the above remarks. As your R.xcellency is aware, this vessel was seized last season because certain skins were found on board believed to liave shot-holes in them, though it was alterwanis found that tlie vessel had no tire-arms whatever on hoard. The Canadian Liovernnieht are further of opinion that an examination of the salted skins when landed at the home ports would prove of little use in establishing the sex of the seals killed. I'hey state that when the United States' Treasury Circular, which is referred to in Mr. Ohies's note, first came into their possession, the niatt^r was exhaustively considered, and the conclusion reached that the tests therein indicated were wholly ineffective for determining the question of' sex. The Minutes of the Canadian Privy Council deahng with the matter have been communicated direct to your Excellency by the Governor-General; but I think it well for your convenience to place the views of the Dominion Government on record in a despatch, as it is probable that the question will again be referred to by Mr. Secretary Sherman. I am, &c. (Signed) SALISBURY. :, ■ ; No. 89. ■ . r - i; Sir J. Pttuncefote to th- yfarquess of Salisbury. —{Received May 3.) (Telenraptnc.) Wni^hington, May '.\, 1897. WITJl reference to your Lordship's telegrams of the 28th ultimo, authorities at Pribvlotf islands will at onee receive instructions to give Mr. Maeoun same facilities as were accorded last year. Sbould the movements oi any of the revenue-vessels sailing to those islands suit Mr. Maeoun's convenienee, United States' Government will offer him passage on them. ..... , . Dr. .Tordau has been informed of friendly ojfer of providing hirn a passas^e, but it is not considered probable that he will be able to take advantage of it. No. 90. The Marquess of Salisbury to Sir J. Fauncefote. Bir, . . 1 HAVE had under consideration, m communication of State for the Colonies, Mr. Sherman's note of the iith fur-seal fisher, of which a copj was inclosed in your 13th April. Mi'. Sherman urges that all killing of fur-seals sliould and that a joint Conference of the Powers concerned sho agree upon the measures necessary to preserve the seal restore the herd to its normal couditious. ("638] Foreign Office, May 7, 1897. with Her Majesty's Secretary ultimo on the subject of the Excellency's despatch of the be suspended for the present, uld meet at an early date to s from e\termiiL»lton, an.l to O 2 100 The sninc proposals were made in tlie note from the United States' Chargt; d'Aflaircs of tlic lOtli iillinio, a copy of which was transmitted to your Excellency in my despatch of the liL'nd April, with instructions as to the answer to be returned to the United States' (JdvoMinient on the sul)ject. Air. Sherman, however, adduces certain statistics in support of the contention that the seals ;ire tiireatened with early extermination, which make it necessary for Her Majesty's (Joveniinent to deal with his despatch in a separate communication. With regard to Mr. Sherman's complaint that the United States' Goveinment had not Iteen furnished with a copy ot Professor Thompson's Report of his investigations last year, i have to slate that Her Majesty's Government regret the delay that has occurred in the matter. It has heen caused partlj- by Mr. Thompson's prefessional duties, and also hy the necessity ol his waiting for certain notes and information witii which he had asked Mr. M.iciuin, the Agent of the Dominion Government, to furnish him. The Report is, however, now in tlie hands of the United States' Government, Mr. Sherman proceeds to state that in the absence of Professor Thompson's Report the President has been forced to reach his conclusions as regards the condition of the seal lishcry hy a careful study of Dr. Jordan's Report, and other ascertained facts and statistics. It is to be regretted that Mr. Sherman has not referred to the passages in Dr. Jordan's Report on which the conclusions of the President have been arrived at. So far as Her Majesty's Government can judge in the absence of such indications, (he President's conclusions would appear to be based only on general assertions and deductions in that ile;»ort. Mr. Shennan states that Dr. Jordan's Report shows conclusively that there has been a distinct and steady decrease both in the total number of breeding seals, and in the number of harems of breeding cows in tlit season of 1896 as compared with that of 1895, and that it further conclusively appears from the Report that this diminution has been caused by pelagic scaling. Dr. Jordan, however, .states on p. 21 as follows: "In 1895 Mr. Murray made a careful count of the number of harems of the two islands, finding 5,000 in all. At the same period in 189G he found that the number of harems was reduced to 4,853, a loss of 3J per cent., the number of bulls without harems having increased 7 per cent." On p. 10 Dr. Jordan himself gives the number of harems in 1896 as 5,009, a small increase on Mr. Murray's count of 5,000 in 1895, instead of a decrease of less tlian 3 per cent, (not .3i per cent, as calculated by Dr. Jordan). Similarly, as regards the number of breeding cows, Dr. Jordan's count, as recorded on p. 10, gives 81,793 for 1896, while the figures for 1895, as given by himself on p. 20, were .only 70,423. The state of the rookeries in 1805, as compared with 1896, is fidly dealt with by Professor Thompson, and is referred to in my despatch of the 22nd ultimo, and it is there- fore unnecessary to discuss the matter at length. That Report also deals, so far as the information at present available is concerned, with the question of the mortality of pups owing to the killing of their mothers at sea, and the general conclusions at which he arrived, as set forth on p. 25 of his Report, show that the number 14,473, at which Mr. Sherman places the deaths from this cause, must be subject to very large deductions. It may be the case, as stated, that it was as easy in 1880 to procure 100,000 skins on land of the same quality as those taken during the season of 1890, as it was to obtain the catcli of last year, viz., 30,000, but it must not be forgotten that in 1890 not even 30,000 skins could be obtained. The question of the comparative ease or difficulty with which a stated catch was obtained in two years so far apart as 1880 and 1896 would, even if the same individuals were employed on each occasion, be an uncertain foundation on w hich to base any estimate of the comparative numbers of the herd ; but Her Majesty's Government have never denied that the herd has diminished largely since 1880, though they maintain that any share pelagic sealing may have had in bringing about that decrease is insignificant compared with that of other causes which appear to be overlooked in the United States. If, as alleged, the number of breeding females in 1880 was four times as many as in 1896, or 600,000 in the former year, and l.'JO,000 in the latter, while in 1890 tlieic were 280,000, the figures completely negative the conclusion that the pelagic sealin^'has been the cause of the decline, for in the eleven years, 1880 to 1890, while the herd was reduced, according to Dr. Jordan's estimate, by 320,000 breeding females, only 24(5,902 seals were killed at sea, while in the period 1891 to the end of the spring season of 1896 the pelagic catch reached a total of i:69,388, and during this period the decrease in the number of breeding cows was only 130,01)0. A herd of 600,000 breeding cows should mean, according to Dr, Jordan's cstimat 101 [Afraiies lespatch United |on that For Her lent liad pons liist icL'urred |ies, and lie had Y Keport liepoit of the [cts and [a^'es in I at. So ms. (he luctions an annual addition of 100,000 breeding t.„ws to the rookeries, vet in tlie eleven ye.irs. 18S0 to 1890, while the pelagic catcii only averaged some L'L',(!oO a-viar. there wa's not only no addition to the rookeries, hut an average annual (loenase ot" sonu- .'^O.OOO. If this enormous loss was entirely duo to pelagic seiilin-. ;i.s Dr. Jor.iiui maintain'^, it would have doubled wiicn pelagic sealing doubled, and the herd .mghi to liavc ceased to exist some years ago. Tet during the years which followed, witli a herd supposed to range from i'80,0( 10 to 150,000, and witii an annual addition of cows to the rookeries which should, if Dr. Jordan is correct, iiave been from 4^,000 to !?■.,()(•(•, the pelagic catch has averaged about 50,000 a-vear. vet the h>s-i to the rookeries has ])ecnonlv some 25,000. Those statistics of F^r. Jordan's, as set forth in his Report. i)rove clearly tiiat the loss to the herd in the period during which ])elagic scaling I. j - been ; l.irge" factor in the influences affecting it, has been insignificant compared witii the destruction wliich went on prior to 1890 on the islands, and that the elfect on the herd of that mode of sealing is much less serious than that of killing on land restricted to males only. The frequent recurrence, moreover, of seasons cliaracterix.cd like that of last year by weather during which sealing operations at sea are interrupted all'ords a natural protection to the herd from exhaustion by pelagic scaling. Tiio difference between the spring catch on the north-west coast in 18!»5 and 18'.)(} furnishes an excellent illustration, fifty-two vessels in the former year securing only 8,:i^.'i skins, while forty-one vessels in ]89G secured 11,780 skins. The falling-oil in tiie 13ebrin>r Sia catcii last Mca^on. which Mr. Sherman cites as due to the reduction of the herd, was, according to the information in tiie hands of Her Majesty's Government, fully explained by the interruptions duo to bad weather ; and as the great fall in the price of skins has led to a smaller number of vessels fitting out for the fishery this year, their contention that there is no immediate danger to the herd, so far at any rate as pelagic sealing is concerned, appears to be fully justified. But if the proceedings which led to the wholesale reduction of the seals between 1880 and 1890 are resumed, and all the best young male life is destroyed, there can be no question that the herd will at an early date cease to lie of comn\crcial importance. In Mr. Sherman's note the killing of 30,000 males last year is justified on the ground that " it was plain upon scientific investigation tiiat the dangerous mortality among female seals brought about by pelagic scaling had left the number of bulls greatly in excess of the due proportion between the sexes," and that " to properly care for the herd it became necessary to remove as far as possible this m.enacing excess of male life upon the islands." If there was such a "menacing" excess of bulls, it is unfortunate that instead of attempting to reduce the excess, the killing was confined to males who would not become "bulls "able to take a place on the rookeries for another three years, during which per'""' so far as the killing of 189G is concerned, the alleged excess of bulls on the rooiteiies will continue. Mr. Sherman, in the conversation reported in your E.xcellency's despatch of the 9th April, pointed out that Great Britain was quite as much interested as the United States in the recuperation of the fur-sealing species. As a matter of fact, the interest of this country has now for some years exceeded that of the United States, and should the herd be destroyed a large amount of British capital will be lost, and a large number of British subjects thrown out of employment. They have, therefore, reason to bo more anxious for the establishment of proper Regulations than the United States, but the examination of the Reports of last year's investigations, while it has shown that t.ierc is no indisputable evidence that the herd has quite recently been decreasing, and that there is no ground, tiierel'ore. for immediate alarm, has also shown that all" previous statements as to the numbers of the herd have been conjectural, and that there is consequently no means available for testing the efficiency of the existing Regulations, or for showing the direction which any amendment of them should take. To enable a tlioroughly satisfactory revision to be made accurate statistics should he available, extending over a sufficient period to eliminate accidental circumstances affecting the herd during the greater part of its life, which is spent uhcre observation is impossible. Until such information is available it would, in the opinion of Her Majesty's Government, be premature to enter upon the proposed conference to discuss measures based on conjectures admitted to be of doubtful value, and the interests of this country in the question are too serious to warrant Her Jklajcsly's Govern mciit in imperilling them by the adoption of any hasty decision. 102 Your Excellency wUl read this despatch to Mr. Sherman, and leaTe a copy ot it with bim should he desire it. I am, &c. . (Signed; SALISBURY. , , ' » ., No. 91. »:•.. Sir J. Pauncefote to the Marque»» of Salisbury. — {Received May 10.) My Lord, Washington, April 29, 1897. I HAVE the honour to acknowledge the receipt of your Lordship's telegrams of yesterday's date on the ^subjc■ct of tlie visit of British .Agents to the Pribylofi Islands; and to inclose herewith cop,\ ol a note whicli I have this day aduresscd to the United States Secretary of State, informing him of the proposed itinerary of Professor Thompson, and asking that facilities should likewise be accorded to Mr. Macoun. I have, &c. (Signed) JULIAN PAUNCEFOTE. !rf»,! Indosure in Na 91. Sir J. Prnmcefote to Mr. Sherman. *■'■.'' ' »'!'•: • ..: . Sir, Washington, April 29, 1897. I HAVE the honour to inform you that I communicated to my Government the contents of your note of the- 16th instant, stating that orders would be issued to the authorities on the Pribyloff Islands to extend to Professor Thompson the same facilities as were granted to him during his visit last year. I am now informed by Lord Salisbury that it is proposed that Mr. Macoun, who accompanied Professor Thompson last year, should again act under his directions and with bis assistance. I venture, therefore, to ask you to be good enough to extend to Mr. Macoun the same facilities as have kindly been accorded to Professor Thompson, in order that Mr. Macoun may be enabled to commence bis investigations prior to P'fessor Thompson's arrival cm the islands. Lord Salisbury further informs me that Professor Thompson proposes to visit the Russian islands first. He hopes to reach Yokohuma on or about the dUth proximo, and to pr )ceed to the Russian islands, where he will remain until about the end of July. I am directed by Loid Salisbury to inform you, in communicating the above intelligence, that if Dr. Jordan wishes to join Professor Thompson, a passage from Yokohama to the Russian islands could be provided for him on board one of Her Migesty's ships. I have, &o. (Signed) JULIAN PAUNCETOTE. No. 92. Sir J. Pauncefote to the Marquess of Salisbury,— {Received May 13.) My Lord, Washington, May 3, 1897. Wl'TH reference to your Lordship's telegram of the 28th ultimo respecting the facilities desired for Mr. Macoun on his visit to the PribyloS islamis, 1 have the- tionouv to tmnsmit herewith copy of a note which I have received irom the United Males' Secretary of State, intbrining me that instructions will at once be issued tu extend to \py oi it IRY. I1H97. flegrams Islands ; United jmpson, 108 Mr. Macoiin the same tiaciliti.-s hs ucr <;rnit -li t . him during his visit last vear, on the understanding that the object ot his visit is to act under tlie direction lif Professor Thompson and ns his assistant. Mr. Sherman also offers to Mr. M.iioun a i>,issage on board cue of the United States' revenue-vessels sailing to those islands, and sUites tliHt it is improbable that Dr. Jordan will be abl- to avail himself of the offer made by Her .Majesty's Ciovernment for a nas^aj^e for him from Yokoham* to the Russian islands on board a British ship. This orter was conveyed to me in your Lordship's tekgiaiu of the 2>?th ultimo. I have had the honour to report the substance of the above to vour Lordship by telegram this day. I have, &c. (Signed) JULIAN PAUNCEFOTE. Inclosure in No. 92. Mr. Sherman to Sir J. Pauncefotn, vtr Kxceilency, Department of Stale, Washington, May 1, 1897. ' I HAVE the honour to acknowledge the receipt of your note of the 29th ultimo relating to the visit to the Seal Islands of Behring Sea of Professor Thompson and Mr. Maeoun. Instructions will at once be given to the authorities on ihe PribylofF Islands to extend to .Mr. Maeoun the same facilities as were granted to him during his visit last year, it being understood that the object of his visit is to act under the direction of Professor Thompson and as his assistant. It will furth'2r be the pleasure of this Government to afford Mr. Maeoun passage on any of the revenuervessels making voyages to those islands, should their movements suit his convenience. Note is taken of the friendly offer of Her Majesty's Government to provide a passage for Dr. Jordan from Yokohama to the Russian islands in a British ship, and Dr. Joidan will be so advised ; but it is probable that it will not be possible at this date to avail of the offer. , - I have, &c. ' (Signed) JOHN SHERMAN. M \ No. 98. Sir J. Pauncefote to the Marquess of Salisbury. — {Received May 13.) My Lord, Washington, May 4, 1897. r HAVE the honour to acknowledge the receipt of your Lordship's despatch of the 2.ind ultimo, containing the reply of Her Majesty's Government: to the proposals put forward by the United States* Government respecting t'le fur-seal fishery, and inclosing six copies of Professor Thompson's Report, for communication to the United States' Government. I have the honour to report that I called yesterday at the Department of State and read to Mr. Sherman your Lordship's above-mentioned despatch, and left a copy of it with him, in compliance with your Lordship's instructions. I also delivered to him the copies of Professor Thompson's Report. '^^^>'*f ^ .,i W^jiu..- ,. . . , (Signed) JULIAN PAUNCEFCXrE. ■(h Amhassaflor called upon nic on the Snl instant and handed me a copy ol" a dc-;p;iti-li to him fnjm Her ^fajesty's J'rineipal Secretary of State for Foreitrn Aflnir'^. Iiiariiii: dat.- the 21st ultimo. This dcs])ateh constitutes the reply of tlio Mritisli (iovtniment t<> the |)n>posals of the President, as presented in the note of your Enil);iv>.y of the 10th ultimo, f>»r a modus viiendi for the suspension of all killing; of seals ior the ])resent season, and for a joint Conference of the Powers concerned witli a y'n'w to thi- iieci-svary measnr<-s hein? adojjted for the preservation of the fur-seal in the North I'.u-ilic Ft will Im? seen that hotli pro])osals arc rejected. I need hardly say tint the President is f^reatly disappointed at this action, espe- cially when it is havd ujhiii such unsuhstantial and inadequate reasons. The I'resident's cunceru, in vii.-w of the depleted condition of the seal herd, was occasioned not alone from an examination of Dr. Jordan's Report of 1806 and what he had reason to sup])ose were the conclusions of Professor Thompson, hut it was hased upon a series of ohservations and statistics covering a much longer period than that treated by those gentlemen, estahlishinir a .state of facts beyond refutation, and v/hich is in part set ifortli in my noti- to the British Ambassador of the same date as my cablegram to you. It is therefore (juit"- surprisini; that Iler Majesty's Secrctaiy should base his rejection of the proposals n this Government, so impressively presented, upon the Report of one scientist whose facts and conclusions are incorrectly apprehended and the delayed Rej)ort of another, which is for the first time made public concuiTently with the receipt of his Ti[)rdship's note. It would have been gnitifying to me and useful to my Government, in studying the important subject under consideration, if Professor Thompson's Report could have been made publi<' with the promptness which marked the appearance of that of Dr. Jordan, in that eas<- there would have been amjjle time for both Governments to have examined the Reports of these two eminent scientists before the opening of another sealini,' season. But it seems tf» have better suited the purposes of Her Majesty's Government to withhold Professor Thompson's Report until an opportunity was afforded to examine that of Dr. Jordan, and thus enable the former to pass the latter in review, criticize its statements, and as far as possible minimize its conclusions. It is not pleasant to have to state that the imjjartial character which it has been the custom to attribute to the repf)rts of naturalists of high standing has been greatly im])aired hy the apparent sul)jcction of this Report to the political exigencies of the situation. It is further to l)e regretted that the Rei)ort was so long delayed that no opportunity ^vas afforded this Government to examine it before the definite and final rejection of the President's projiosals, based mainly upon its conclusions, was commu- nicated to me. This conduct recalls the incident which preceded the Arbitration at Paris, and which came near rendering that Arbitration abortive, when a similar Report of a Rritish Commission wa.s withheld until after the Case of each Government was exchanged and tiie Rejiort of the American Commission made public. Lord Salisbury asserts that Dr. Jordan's Report does not contain any facts warrantinu: the statement that there is a " depleted condition and prospective early extinction of the herd.'" Tlie note of your Embassy of the 10th ultimo does not attri- bute such a statement to Dr. Jordan, but it is difficult to understand how anvone can read his llepoit without n^ehinsr the conclusion that such is the real condition of the herd. Un p. 1^ he says: "From this time (1886) on the decline has been more rapid and has been continuous." On p. 21 he clearly recognizes diminution, as evidenced by photou'raplis, as also by decrease of harems. On p. 66 he uses this exinession : " As the herd is steadily diminishing the spring or north-Avest catch is beeomini: relatively unimportant." Other citations might be made, but it would seem luuieei'ssary in view of his declarations, often repeated in his Report, respecting pelagic sealing, from which 1 give only one extract (p. 29) : " Pelagic sealing, in the judgment of the meml>ers of the present Commission, has been the sole cause of the continued decline of the fur-seal henls. It is at present the sole obstacle to their restoration, and the sole limit of their indefinite increase. It is therefore evident that no settlement of the fur-seal question as regards either the American or Russian islands can be permanent uule«« it shall provide for the cessation of the indiscriminate killing of fur-seais, Iioth on the fi<.'aling grounds and on their migrations. There can be ni> ' open season ' for the killing of females if the herd is to be kept intact." 10ft 1897. ■d mc a Foroii^n of the of your Iliiiij of I'd •with •seal in Professor Thomj)son's Repcrt is plainly written with a view to minimize as far as possible the depleted condition of the herd on tlie I'ribyloiT Islands, and recjiiires a eritieal examination not possihle within the limits of the* present in>i(rnetion. hnt its ijeneial jinrport may he briefly stated. It is to be re^rettetl that he -^hoidd Inve enn- tracted bis stndy far within the pnrview of his instrnetions. Tii the outset of his Keport he says : "The main objeel of my mission was the ••ollivtion of information and statistics with regard to the workini; and effectiveness of th<< Ue!,'iilations " of the Paris Tribunal. But we look in vain in his Report for any discussion of that all- important subject. He cimtined his inipiiry and Report to th" suliordinate subjet-t of the number of seals resortini; to the islanU. The result of his observations and incjuiiy seemed to be that on s )me ro(>keries there was an increase and on others a decrease, but on the whole a possible state of c(|uilibrium for the past two years, althoutfh he concedes a diminution as compared with 1^!)2. If all the Professor claims is admitted, it does not militate against the contention that since pelagic sealing became gcn<'ral the ilecline of the herd has been steady and rapid. The ai)|)arent equilibrium noted in his Report is well explained by l)r. Jordan when he says (p. IS): " Tliere is evidence that the wodun viveiKti of 1892-93, by which Rehring Sea was closed to the sealing fleet, has produced for 189.') and l&9ft a slight check of the diminution. The reason for this is that, in addition to the saving of niolhei's. no ])ups were starved to death in lsj)2 and 1893, and those which might have been starved have returned as breeders or as killable .seals in lb9.j and ]89(>." Since the recei])t of Lord Salisbury's despatch explicit in(|uiry has been made of Dr. Jordan as to the relative condition of the herd in 1S9.') and 189(5 and in previous years, and he has furnished the chapter on the " Decline of the Herd '' from the forthcoming Final Report of himself and associates, from which the following extract is taken : " While the amount of the decline cannot be stated Avith mathematical exactness, it is possibl<> from the data at hand to make an approxi- mate estimate. From a careful study of all the conditions, in our opinion the fur-seal herd of the Pribyloff Islands has decreased to about one-fifth its size in 1S72-7 1 ; to •somewhat less than one-half its size in 1899, and that between the seasons of lb9.j and 18'j(> there has been a decrease of about 19 per cent." .Vlthough Professor Thompson has been very careful throughout the Report to sav nothing likely toembarniss his Government, in the " conclusi(»ns " the voice of the true scientific investigator speaks in firm and certain tones. AVhile In^ regards "the alarming statements of the herd's immense decrease " as overdrawn, he says " there is still abundant need for care and for prudent measures of conservation in the interest of all It is not diflicult to believe that the margin of safety is a narrow one, if it be not already in some measure ovei"stepped. We may hope for a perpetuation of the present numbers, we cannot count upon an increase. And it is mv earnest hope that a recognition of mutual interests and a regard for the common advantage may suggest measures of prudence which shall keep the pursuit and slaugiiter of the animal within due and definite bounds." in view of such explicit language it is not easy to understand how Lord Salisbury can reconcile his refusal to entertain the i)r()posals of the President with the interests of his own countrymen, o say nothing of the friendly relations which he desires to maintain with the United States, Russia, and Japan. The experience had with the scientific Commissions of 1^92, as well as the Reports of 189() just under review, shows that it is diflicult through them to reach a harmony of views; but we have at hand certain statistics of undisputed authority jM»ii'ting unmistakably to conclusions which should be controlling. The operations of the pelagic fleet in Behring Sea since the Paris Regulations Lave been in force are as follows : — 1891 — 37 vessels, 31,585 seals tnken, or an average of 853 per vessel. 1895 — 59 vessels, 41.,1C9 seals taken, or an average of 7 1'8 jjcr vessel. 189(5— G7 vessels, 29,500 seals taken, or an average of IfO per vessel. It thus appears that nearly double the number of vessels in 1890 were not able to take as many seals as were taken in 1891, and the catch per vessel fell off nt.-arly one-half. Lord Salisbury attributes this large falling-olf in Behring Sea " to the stormy weather prevailing," hut does not cite his authority. I am not awaie of any published report to that effect. Captain Hooi)er, who eonunanded the American cruising fleet in Behring Sea in 1895 and 189(5, reports: "The weather in Behring Sea was not materially different in the past two years. Conditions admitted of boarding operations bv the fleet twenty-five days in 1895 and twenty-four days in 18fK5." An examination and comparison of the logs of sealing-vessels for 1895 and 1890 confirm Captaia 16381 P 106 tf i»i HI fcMl Tloopcr's rrport. Tlie alwvp fiijiiros, witli tho statistics contained in my note of the (•til ultimo to llic 15ritisli AmbMssador, make it very clear that the seal herd is hecomi!i£» ra|iirnment treated the repeated npeals of this (lovernnient for prompt action towards the adoption of measures to ei' ce the Jfei^iiiations "solemnly laid down by an Internatifinal Board of Arbitration," i 4rates the measure of respect entertained for that auijust Tribunal. On the 12th Sepii'inber, 1S!>3, within a month after the.Vward iia;l been rendered, Secretary Uresham instructed Air. Hay.'inl by calde (cited above) to inform the Jlritish Government of the desire of the Government 4) y tlio Rijtish criiivfis (Imiii'' tlio provioun yinr. tlif infcroiicc I'roin tliis iaiit,".i!ii,'r Mniildsrcin to Ix- that Hir M!iii'»t,\\ tlimrn- nicnt undorstood tliat llic Ainoric.iii cniiMTs dnly wi-rr to iicrfirm tin- \>:'.\v>>\ >!iity, and tlie Hritish cruisiT to take over mid act niio'i tlic validity of M'i/mc of llriti«.|i vcsscIk, TJic detailed cnloiTonicnt o|' tlic Itcifiilitions lui.s furtlicr developed on the jiait of the Hritish (iovernment a stranu'e nii>coii 'iiition of the true sjiirit and intent of the ArhitratoiN. Cnder Article C. of the I'cu'nlations the use of lire-arms in Kelirinu 8e,i was jirohihited. and to enforce that prohiliition it was ai,'reed hctwiTii the two. 'loverninents for tlio year l^^'.ll that scjilini:-vcsscls iiii>,'iit have their anus and animiinitioii jdaeed under seal. Hut on the 11th May, 1SS>.'». althouu'h this (iovcrn- inent had every reason to helicve rnin the Order in Conneil that the Hritish (io\ em- inent had i:iven its eonenrrenee to tin- anaiii;eniciit, the Hritish AmhassMdur ;;;ive notice that his (lovernnieiit would not renew the arraiii^ejiicnt as to the M-.iliii'_' of arms for the eomini; season, aril defended its action on the i^round thai the ])ossession of nrnis, i*ke , hy a sealiii'.;-vessel was "not forhidoen hy the Award IteLjulnlions." This tardy action of the Hritish (iovernment in refnsiii;» to rent'W the arianui'incnt of IS'Jt led (o much tronhte and inconvenience in eonnet'tion with the patrol of Hehring Sea. The Hritish (iovernment made i;ric\()iis comjiiaint aj^aiiist the s.'vere measuTOs of searcii resorted to hy the .Vmeriean cruisers, which jjave rise to a leiiL'tliy eorrespoii 'ence. On the 2nd July, 1S!)(!. Secretary Oliiey snhmifted a iirojiosition to put an ei,d to the controversy hy an examination of vessels eiiteriiii; Hchriii!; Sea. and an inspectirm hy a Representative of the Vnited States at Hritish C'oluinhian ports of nil skins tak<'n in Hcliring Sea, to discover whether or not tirearnis were used ; Itut this proi)osi1i( n was not acceiiti-d. A fiu-thcr attemjit was made hy Secretary Olney lO prcK'urc some a;>reemont for the season of 1>?'J7, when it was urtjed that .Vmerieaii vessels frc«jnentiiiij BeliriTij» Sea were riM|uired to have thei<- arms sealed. ;ind on returning to their home imrts their skins were carefully inspected, while ller Majesty's. Government refuses to enforce tlie provision as to arms, and declines the inspection of skins — measures which this (iovernment regards as" ahsolutcly essential for pr(>veiiting Ihe unlawful destruction of the seals." Nevertheless, another season has been entered iijion without any setthmiput of this vexed question. [n this eoimiK't ion, 1 recall tlio serious ilefect, pointed out i:i the cm'respondence, in the Hritish Act for the enforcement of the Regulations. Under the Hritish .\ct passed to carry out the modus rirciidl of l^tH, whereby all killing of seals was prohibited in Hcliring Sea, it was provided that the pn^sumption of guilt would lie against the vessel " having on board lishini; or shootiiii.' implements or seal skins." .\ provision of a kindred natuiv was inserted in th(> Hritish Act for the enforcement of the Russian modim of iSJ).'{. 'I'he Act of Congress of 18t)t to enforce the Ileyiilations of the Paris Award coiitainwl a similar provision; but the Hritish act of isitl for the same purpose contained no provision whatever as to prisiiinptive guilt respecting the possession of fiif-arms or skins at forbidden times or in forbidden waters. And to emphasize its purpose in tlio matter, when the Hritish Act to enforce the Hussiaa agreement was re-^pnacted in 181)5, the provisions of the Act of lsi>;5 as to presumptive illegality was omitted. This action of the Hritish («overnment was made the suliject of an earnest protest on the part of my predecessor, but to no purpose. 'He practical effect is to make it impossible in many cases to convict British sealini,'-vessels, although there may be the strongest jtresunriitive evidence of guilt, e\ idcnet; which, under the Act of Congress, would in most cases procure the conviction of an .Vmerican sealing-vessel. 1 shall only cite one further instance of the failure and refusal of the Hritish Government to give full efTect to the Paris Regulations. Article .'> provided that the- vessels engaged in sealing should enter diWly in their official log-liooks the number and sex of the seals taken and that these entries should be coinnnuiicatrd bv each Government to the other .it the end of each season. This Rei^iilation was prescribe times as many females as males, a result entirely at variance with the Hriti»ii Kiuni';. This state of facts let the Acting Secretary of State, the lOth May Iv.'t. to r-ipieM of Ihe Hritish • . 110 GovfTiimont (lieir ponsent to the stationing of United States inspectors at British (Joliimhiaii ports for tli« ])urpos'' of verifying the log entries of British sealing- vossels, with tlu' offer of a reciproeal privilege in American ports to British inspectoi-s. No ansiwer liaving been received, on the I3th Septemlx^r, and again on the ISth Se|)leni))er, tlie re(|uest made in the previous May was renewed. On the 2Uh of September* the British Ambassador replied that the request for inspcn^tors Mas not acceptable to Her Afajesty's Government, "on the ground that the matter is alr(!ady ])rovidegret that this state.nent has become so lengthy, but in view of the fact that the British Government, when jjressed for a remedy to well-established defects in the Ilegulations or the Acts and Rules agreed upon for their enforcement, has appealed to " the Arbitral A ward which the two nations have solemnly bound themselves to abide." I have felt the present occasion opportune to make a review of the events which have transpired since that Award was rendered, and to challenge a comjjarison of the conduct of the two Governments with regard to the final action of the International Tribunal of Arbitration. In no respect has the United States Government failed to observe the exact tcrnis of the Award or to accept its recommendations in their true sjiirit and full effect, even tiiough they have entailed heavy expense and caused great damage to long-established interests of this nation. On the other hand, I think I have shown that the British Government has from tb(! b(>ginning and continuously failed to respect the real intent and spirit of the Tribunal or the obligations imposed by it. This is shown by the refusal to extend the Regulations to the Asiatic waters ; by the failure to put in ojjeratiou the recommenda- tions for a suspension of the killing of the seals for three, for two, or even for one year ; by the neglect to put the Regulations in force until long after the first sealing had been entered on ; by the almost total evasion of the patrol duty ; by the opposi- tion to suitable measures for the enforcement of the prohibition against fire-arms ; by the omission to enact legislation necessary to secure conviction of the guilty ; and by the refusal to allow or provide for an inspection of skins in the interest of an honest observance of the Regulations. Tlu) obligations of an international ^Vward, which ai'e equally imposed on both parties to its terms, cnn not properly be assumed or laid aside by one of the parties only at its pleasure. Such an Award whicu in its practical operaticm is binding only on one party in its obligations and burdens, and to be enjoyed mainly by the other party in its benefits, is an Award which, in the interest of public morality and good conscience, siiould not be maintained. Having in view the expressed object of the ^Vrbitration at Paris and the declared purpose of the Arbitrators in prescribing the Regulations, when it became apparent, as it did after the first year's operation of them and with increased emphasis each succeeding year, that the Regulations were iuadc- quati! for the \)i "pose. it was the j)lain duty of the British Government to acquiesce in the request of that of the United States for a Conference to determine what further measures were necssary to secure the oi;d had in view by the Arbitration. A eoui-se so persistently followed for the jiast three years has practically acci>nii»lished the commercial exterminntion of the I'ur-seals and brought to nought the patient labours and well-meiint conclusions of the Tribunal of Arbitration. Up'• -- ' Sir J. Pauncefote to the Marquess of Salisbury. — (Received May 29.) My Lord, Washington, May 18, 1897. I HAVE the honour try acknowledge tlie receipt of your Lordship's despatch o( the 7th instant on the subject of the fur-seal tishery, and to report that I read the despatch to the United States' Secretary of State this day, and left a copy of it witi> him, in iiccordance \iith his desire. I have, &c. - (Signed) JULIAN PAUNCEFOTE. No, 97. ..).'i.f Sir J, Pauncefote to the Marquess of Salisbury. — (Received May 29.) My Lord, i>iy L.oru, " uj>#M/iyiu«, I HAVE the honour to inform your LorJship that I have this day to the United States' Government in the sense of your Lorcisiiip's 1st instant respecting the sealing-up of arms jmcl the inspection of skins 1 from British sealing-vessels. IVashinglon, May 18, 1897. addressed a note despatch of the ipection of skins landed at Victoria I have, &c. (Signed) JULIAN PAUNCEFOTE. ffiWJ ft'^-j*: JV' 112 No. 98. Sir J. Paunce/ole to the Marijurss of Salhbtirij. — (Rereiied June 20.) My F^ord, Washiriijton, June 5, 1807. NVI'I'H reference to my telegrams of the 14tli April and the Srd ultimo rcs|)fctiveiy, reporting.' that taciiitie-i would ho granted to the British icientists on their visit to Behring Sea, I have the honour to reijort that I am in receipt of a note from the United States' Secretar}' of State, dated the lird instant, informing me that a letter was, on the I st instant, addre?serl hy the Treasury Department to Mr. Joseph .Murray, th' Special Af.'ent in charge of tiie seal islands in Alaska, informing him that Professor Thoiipson and Mr. Macoun, re|)r('senting Her 3Iajisty's Government, intend to visit tlie islands during the coming summer to renew the investigations of seal life commenced hy them last year, and directing him upon their arrival to extend to them every courtesy within his power, and to place v.ithin their reach every possible facility U\- the prosecution of their work of investigation. I li.ive brought the above information to the knowledge of the Governor-General of Canada. I liave, &c. (Signed) JULIAN PAUNCEFOTE. No. 99. Sir J. Paunce/ole to the Marquess of Salisbury. — {Received June 21.) "My Lord, Washington, June 9, 1897. I H.AVK the honour to report that, upon receipt of your Lordship's despatch of the 1st ultimo, I addressed a note to the United States' Secretary of State in the sense of your Lordsliip's instruction.s as to the seaiing-up of arms and the inspection of skins landed at Victoria from British sealing-vcssels engaged in the Behring Sea (copy inclosed). I have now received a reply from Mr. Sherman, dated the Vth instant (copy inclosed), together witii ihe Rules and Regidatioiis prescribed for the tishery season 1897, under Act of Congress of the Gth April, IS94. As your Lordshij) will observe, Mr. Sherman, instead of accepting the proposal of Her Majesty's Government, states that the " Inited States' Government consents that" these Rules and Regulations for the government of United States' vessels emi)loyed in fur-seal fishing in 1897 "shall be extended for the remainder of the present season to British sealing-vessels," and that he is prepared, with my assent, to make the necessary changes therein to adapt them to Britisli vessels. In acknowledging the receipt of this note, I stated that I would forward it to your Lb! iship tcr the consideration of Her Majesty's Ciovernment, but I thought it right to point OLt that the Regulations which govern British vessels in the prosecution of the fur- seal fishery can only he prescribed by British law, and that any extension or alteration of them would require tlie sanction of a further order of Her Majesty in Council. I also pressed him to inform me whether the proposal ol Her Majesty's Government as to a renewal of liie arrangement of 1894 respecting the scaling-up of arms, which requires no further legislation, is acceptable to his Government. I have, &c. (Signed) JULIAN PAUNCEFOTE. Inclosure 1 in No. 99. iSiV J. Pauncefole to Mr. Sherman. Sir, Washington, May 18, 1897. I HAD the hoi our of informing you verbally on the ^rd instant, uucier telegrapnic instrmli«)iis liom Her Majesty's Principal Secretary < f State, that Her Majesty's Govern- ment are picpared to agree to the renewal of tlie arrangement made in 1894 for the gcaliu'j-up by a duly nuliiorized oliicer, on the application of the master, of the arms on 1807. |l ultimo on their J from the Jtter was, rray, th> |Profcssnr visit the ?nced by I courtesv isecutioii '"OTE. 113 boarfl a vessel proceeding to the fishery in Behring Sea or returning to port diirii:i; the close season, but that the Canadian Government found themselves unable to concuv in the suggestion that the skins landed from the British sealing fleet should be examined at the port of destination by American experts. The proposals of the Unitod States' Government in regard to both these points were contained in your predecessor's note ti> me of the 15th December, 1896, I am now in receipt of a despatch from the .Marquess of Salisbury statins; the ground.s on which tliis decision was arrived at. .\s regards tho proposed inspection of skins the Canadian Government are convinced that, even were it possible to establish that anv punctures which might be found in the seal-skins were the result of gun-siiot wounds, and that they could be readily distinguished from those made by spears, it would still be impossible to prove that the animal from which the pelt was taken had been killed by means of fire-arms. I is a matter, it is said, of common knowledge that the skins of a large number of seals killed by spears contain shot-wounds, so that no weight ciin be attached to anv argument derived from these wounds as to the manner whereby the ultimate capture ot the seal was effected. There is no means of proving that these shot-wounds were not received during the migration of the seals outside iJehring Sea, where the use of fire-arms is not prohibited, or that they may not have been inflicted by the crew of a vessel other than the one by which the seal was eventually secured by the spear. Moreover, sealers knowing that an examination such as that suggested awaited them at their destination could readily ntld a spear-wound to the skin had the seal been shot, thus eflfectually destroying the utility of any such test. The case of the "Kate" is referred to by the Canadian authorities as illustrating the force of the above remarks. As you are aware, this vessel was seized last season because certain skins were found on board believed to have shot-holes in them, though it was after- wards found that the vessel had no fire-arms whatever on board. The Canadian Government are further of opinion that an examination of the salted skins when landed at the home ports would prove of little use in establishing the sex of the seals killed. They state that when the United States' Treasury CircJar, which is referred to in Mr. Olney's note, first came into their possession, the matter was exhaus- tively considered, and the conclusion reached that the tests therein indicated were wholly ineffective for determining the question of sex. I hare, &c. (Signed) JULIAN PAUNCEFOTE. Inclosure 2 in No. 99. Mr. SherrrMn to Sir J. Pauncefote. Excellency, Department of State, Wa$hington, June 7, 1897. I HAVE the honour to acknowledge the receipt of your note of the 18th ultimo, stating that the British Government was prepared to agree to a renewal of the arrange- ment made in 1894 for the sealing-up by a duly authorized officer on the application of the master of the arms on board the British sealing-vessels engaged in killing seals in Behring Sea during the present season, or upon such vessels when proceeding to jjurt during the closed season. In reply, I desire to say that the Government of the United States consents that the provisions of the Rules and Regulations prescribed by the President under the Act of Congress, approved the 6th April, 1894, for the Government of United States' vessels employed in fur-seal fishing during the season of 1897, shall be extended for the remainder of the present season to British sealing-vessels. Although Article 8 of the said Regulations is not applicable to British sealing-vessels, I respectfully suggest that Her Majesty's Government be asked to require of said vessels the information under oath called for by Form Catalogue No. 204, copies of which I take pleasure in inclosing. In case you are authorized to accept the terms of the Regulations of 18!)7, copy of which 1 also inclose, i shall be glad to cause the slight changes that it will be necessary to make to the end that the Regulations may be adapted to British sealing-vessels. [038] Q 114 Asking thai tliu niiittLr rnay l)e ^^iveii iinineiliiito attention, and that I ho advised of the Lonchisiori leaehed, so that no unnecessary delay shall arise in arriving at an under- Btandin;: alike desirahle to hoth Governnjeius, 1 have Sic. (Signed) JOHN SHF.RMAN. Inclosure 3 in No. 99. Form Catalogue No. 204 for Report of Catch of Fur-neaU. Inclosure 4 in No. 99. Regulations governing Vessels employed in Fur-seal Fishing and Sea-olter Hunting during the Season of 1897. Rules and Regulations prescribed under the Provisions of the Act of Congress, approved April 6, 1894, for the Government of United States' Vessels employed in Fur-seal Fishing during the Season of 1897. AETICLE 1. Every vessel employed in fur-seal lishing shall have, in addition to the papers now required by law, a spc^cial licence tor fur-seal fishing. Art. 2. Uefore the issuance of the special licence required by the 4th Article of the Award of the Tribunal of Arl)itration, the master of any sailing-vessel proposing to engage in the fur-seal fishery sluill produce satisfactory evidence to the officer to wliom application is made, that the hunters employed by him are competent to use with sufficient skill the weapons by means of wiiich this fishing may be carried on. Art. 3. Every sealing-vessel provided with special licence shall show under her national ensign a flag not less than 4 feet square, composed of two pieces, yellow and black, joined from tlie right hand upper cornti.- of the fly to the left hand lower corner of the luff, the part above and to the left to be black, and the part to the right and below to be yellow. Hetween the hours of sunset and sunrise all sealing-vessels shall exhibit two vertical lights, natural colour, where they can best be seen, not less than 10 feet above the deck, and to be visible in clear weather at least 1 mile. Art. 4. In order to protect from unnecessary interference sealing-vessels found within the area of the Award during the closed season (that is to say between 30th April and 1st August), but which have not yet violated the law, any sealing-vessel intending to traverse the area of the Award during said closed season, on her way to her home or other port, or to or from the sealing-grouuds, or for any other legitimate purpose, may, on the application of the master, have her sealing outfit, including guns and ammunition, secured imder seal, and an entry tliereof made on her log-book. Such sealing-up and entry shall be a protection to the vessel against seizure during the closed season by any cruiser, so long as the seals so affixed shall remain unbroken, unless there shall be evidence of viohitiou of the Articles of the AAvard and said Act of Congress of the Cth April, 1894, notwithstanding. Art. 5. Such soaling-uj) and enti-y may be elTected in port or at sea by any naval, Consular, or Customs officer of the United States, and at sea also by the Commander of a British cruiser. An officer will be stationed at the Island of Atlu for this purpose from tlu; 1st July to the 2.")th August, The officer efi'ooting the sealing-up shall make entry in the vessel's log-book certifying the fact and stating in detail the number and kind of guns and other sealing implements, the amount and kind of ammunition, and the number and sex of the seals and seal-skins on board. Art. 6. All sailing-vessels l)ound to Behring Sea for the fur-seal fisheries shall, before engaging in fur-seal fishing within thu Award area in said sea, report to the ofh »■ of the lie venue-cutter Service stationed at Attu Island, or to the Deputy CoOectorof Customs at Unalaska. The said oHiecrs shall respectively secure under seal the guns and ammunition on bourd all vessels thus reporting, wiiich have not already been so secured under the provisions of Article 4 of tln^se Rules and llegulations, and shall in either event make the entry thereof on the log-book of said vessel, stating in detail the number and kind iul vised )i under* IAN. • hng of puns and other sealinar implements, the amount and kind of ammunition, and the number and sex of tlie seals and s(>;il-skiiis on hoard. Sueli sealirii,'-up sliall :ilTord the same j)roteetioQ as is provided under said Artiele 4. In lien of said sealiiiif-up the master of any vessel so reportini; may deliver all •,'iiiis and ainniimifion on board to the Customs or llevenue ottieers, respectively, in eliari.'e of siiid islands, said guns and ammunition to be held at the sole risk of said master until called for at the end of tlie sealing season. Art. 7. Any sailins;- vessel of the United States may obtain speeial licence for fur- seal fisliinj,' upon application to the Chief Olfieerof the Customs in any port of the United States or fo tlie United States' Consular officer of any jmrt in' Japan, and complying with the requirements of these lleij;ulations. Art. 8. The masters of all vessels which have been enj^^af^ed in the fur-seal fisheries, whetlulIo\vin<>- inclose 117 board are scaled, this fact constitutes evidence that they have not been used since the seahng-up for illegal purpose?, m"' "my save tlie vessel from seizure in those cases where skins are found on board with some evidence of having been shot. It is not unnatural that both (lovernnients sliould desire (liat the inevitable annoyance caused by the searching of vessel siiouKl 1k' reduced to a miiiimuni. My predecessor, on tiie 2iid July, IS'JO. made certain suggestions which would certainly have reduced to a minimum this annoyance, at least as regards vessels clearing direct from Victoria for Behring Sea. His suggestions were : V'\t>x, that all British sealing-vessels before entering Behring Sea shouM be searched at Unalaska by Dnited States' revenue othccrs, and the fact that they have on board no tire-arms should be duly certified to; secondly, that all skins landed by said vessels should be examined by expert inspectors at the home port, to discover whether any bul !)een shot. The reply 01 your Government, communicated by Lord (Jougli, on the "Jlst Seplember, 1S'.)(;, was substantially to the ett'cct that unless said preliminary search and certificate should absolutely exempt British vessels from further search by American cruisers, the proposi- tion could not be entertained. Your Government also declined to authorize the examination of skins landed in British ports by pelagic inspectors on the ground, among others, as stated in your note dated the 18th May, that such examination was not of pr.ictical value. Although the British Government may not consider such an inspection of value, it is to be regretted that it could not have consented to such an inspection in view of the fact that the United States' Government, advised by eminent experts, deemed it of great value, and was willing to make certain arrangements, based in part upon such examination, which would, as stated above, reduce to a minimum the inevitable annoyance resulting from a search by our cruising vessels. I regret that tlic views of the right of search expressed by my predecessor in his note to you of the 16th December, 189G, are not agreeable to your Government. I feel constrained to state that this Government regards this right as indispensable to a proper execution of the intent and spirit of the Paris Award. The fact that fire-arms are sealed up has not in practice released American sealing-vessels from most rigid search v.fhenever fallen in with by an American cruiser, nor should any different result follow in the case of a British sealing-vcssel. In view of the fact, however, that said scaling-up may be regarded after times as a most important piece of evidence to prove that the vessel has not used, illegally, fire-arms in Behring Sea, and that said sealing-up may relieve the patrolling vessels of much extra trouble, this Government is willing to give to British vessels the benefit of Articles 4, 5, and ti of the Regulations controlling American sealing-vessels for the season of 1 897, and it will accordingly so instruct its naval officers, should your Government intimate its desire to this eflFect ; at the same time informing said officers that the fact of sealing-up fire- arms shall afford to British vessels the same protection and immunity against seizure after search as is now afforded American vessels. I would respectfully suggest an answer to this suggestion at your earliest convenience, in order that proper instructions may be speedily prepared to the officers of the patrolling fleet. 1 have, &c. (Signed) JOHN 8HERMAN. Inclosure 2 in No. 100. Sir ./. Pauncefole to Mr. Sherman. gjlf, Washington, June 20, 1897. I HAVE the honoiir to acknowledge the receipt of your note of the IHth instant, in answer to mine of tiie Oth, in which I had the honour lo inquire whetlur the proposal of Her Majesty's Government to renew for the fur-seal lishery season, 1897, the Ayrecmeni of 1891 as to the .sealing-up of arms is agreeable to your Government. In reply to that inquiry, you state thai your Government "is willing to give to British vessels the benefit ot' Articles 1, 5, and of the Kegulalioiis controlling American sealing-vessels for the season of 1897." I would beg leave to |)oint out that lliu above roiily hardly auswers the in.| dry of my Government. The Arraiigcmeut of 1891 was a reciprocal one for the Hi mutual benefit of the «ealing-»es«els of bf>th nations. Its discontinuance, at the desire- ol I lie fjinacliaii sealers, has l>eni (lf(iicciUcd ever since by your Governrrunt, at wh*)Sf instance, tt;tTcfore. it may be saiil. it is now proposed to renew it. TIte prici.->c UTuis ol the Arrangtnient were settled hy the then Secretary of the Treasury (the Monourable J. Carlisle; and myself, and are to be found recorded in my note to the late Mr. Secretary (Jresham of the 10th May, 1894. If \our Uovernnient should l>e disposed to renew tliat Arrangement, as proposed by mv Government, for the season \^ii~, there will be no dithcuky in extending its benehts reciprotallv to the sealing-vessels of both nations. But your C(»unter- pro|iosal " to extend to British vessels the benefit of Articles 4, 5, and (! of the Hegulations controlling American sealing-vessels for the season 1897 " is not one which 1 am authorized to deal with otherwise thai? by transmitting it to my Govern- ment by the earliest opportunity. (Signed) ' JDLIAN PAU^'CEFOTE. No. 101. Mr. Tover to the MarqueMt of Salisbury. — {Received July 10.) My Lord, Manchester, Massachusetts, June 30, 1897. WITH reference to Sir Julian Pauncefote's despatches of the 9th and 20th instant respectively on the subject of the sealing-up of arms in Sehring Sea, I have the honour to transmit herewith cojjy of a note which I have received from the Acting Secretary of State, repeating the assertion contained in Mr. Sherman's note of the 18th instant (inclosed in Sir J. Pauncefote's despatch of the 20th instant), that the arrangements of 1894 were of a temporary and provisional nature, and stating that, on that accoimt, they are considered by him inadequate to properly carry out the intent and purjjose of the Paris Award, lie states, therefore, that the proposal of Her Majesty's Government for a renewal of the said arrangements is not acceptable to the United States' Government. Mr. Day concludes his note by expressing the hope that an early and favourable decision may be returned by Her .Majesty's Government as to the otler to give to British sealers the benefit of Articles 4, 5, and of the Hegulations governing vessels employed in the fur-seal fishing during the season of 1897 (Inelosure No. 3 in Sir J. Pauncefote's d<-spatch of the yth instant), on account of the limited time in which to issue instructions to carry out those Regulations. I have informed the De|)artment of State, in reply to this note, that 1 have brought its contents to the knowledge of your Lordship, and have reported the substance of it to your Lordship by telegraph this day. 1 have t&c J^cT (Signed) * REGINALD TOWER. Brit rect issu My of Se wh Ml ex tie rai on ev de th Inelosure in No. 101. Mr. Day to Mr. Tower. Sir, Department of State, Washington, June 28, 1897. j ^ I HAVE the honour to acknowledge the receipt of the note of the British Ambassador of the 20th instant, in answer to the Department's letter of the I8th relative to sealing Regulations for British vessels in tiehring Sea. Sir J. Pauucelote stntes that the offer of the Government of the United States to give to British vessels the benefit of Articles 1, .5, and 6 of the Regulations controlling American sealing- vessels for the season of 1^97 does not answer the inquiry of his Government as to whether or not this Government will accei)t the arrangement of 1894 for the coming season of 1897. I have to say, in reply, as stated in the Department's note of the 18th instant, that the provisions of the arrangements of 1894 were necessarily of a temporary and provisional natuie, and are deemed by me inadequate to properly carry out the intent and purpose of the Paris Award. I regret, therefore, to have to state the proposition to agree to a renewal of said arrangements is not acceptable to this Government. at the lernmint, jry of the forded in iJroposed bding its Icounter- |« of the not one I Govern. ^OTE. 119 Trustinff that the decision of tin- British Government as to tlie rtffer to cive to Britisli sealers tlie henetit of Articles 4. 6. and (i of t)ie lU-tfulations of lb97 will receive early and favourable oonsidcriition, hccausc of the limited time in wliicli to issue instructions to carrj- out said Retyulations. I have, &c. (Signed) WILLIAM R. DAY. No. 102. Mr. Towtr to the Marquens of iSaliabuTj/. — {Received July 15.) My Lord, Manchenter, M ansae hiuetts. July 5, 1897. i HAV E the honour to report that, upon receipt of your Lordsliip'o despatch of the -7th May last, Sir Julian Fauncefole uddrestsed a note to the United States' ^'ecreta^y of State, dated the 13lh ultimo, informing him of the names of ihe two vessels which will be employed in Behring Sea on patrol duties this season on behalf ol Her Majesty's Government. I have now received a note from Mr. Sherman in reply, copy of which I inclose, expressintr the " deep regret of the President at the obvious inadequacy ot the proposed fleet," and stating that the President hopes that Her Majesty's Government will augment rather than reduce the fleet of three vessels employed last year. Mr. Sherman asks for an early reply to his note, intimating that the designation of only two vessels l)y Her Majesty's Government nn;;!)' be interpreted by the sealers an evidence of an abandonment of the patrol, which would render it necessary for hmi to detail a niucii larger fleet of United States' vessels for the present season. 1 have conveyed the substance of Mr. Slierniun's note to your Lordship by telegraph this day. i have, &c. (Signed) REGINALD TOWER. Inclosure in No. 102. Mr. Sherman to Mr. Tower. Sir, Department of State, Washington, July 2, 1897. FURTHER referring to Sir J. Pauncefote's note of liie 13th June last*, in which th« information is contained that the sloop " Wild .Swan" and the gun>boat " Pheasant" will be employed in Behrinsr Sea on patrol duties this season, I am constrained to express the deep regret of the President at the obvious inadequacy of the proposed lleet. Five vessels have been designated by the President lor this purpose, and in view of the area to be patrolled and of the number of sealing- vessels which have already engaged in and are preparing to lit out for sealing operations this season, t!;e President hopes that Her Majesty's Government will decide for the present season to add to the fleet of three vessels employed last season rather than to reduce its numbers. The President believes it to be impossible properly to execute the laws enacted to enforce ihe Paris Award unless a larger fleet be designated by Her Majesty's Government. An early reply to this note will be appreciated, as the President tears that the designation of two vessels only by Her Majesty's (iovernment would be accepted ^/ the sealers as evidence of an abandonment of the patrol which would render it necessary for him to detail a much larger fleet of United States' vessels for this season. It is unnecessary in this connection to repeat what I have already stated in my instruction to Mr. Hay, dated the lOtb May, 18tanding has been greatly impaired by the apparent suiyection of this Report to the political exii;encies of the situation. It is further to be regretted that the Report was so ong delayed that no opportunity was afforded this Government to examine it before the definite and final rejection of the President's proposals, based mairdy upon its conclusions, was communicated to me. This conduct recalls the incident which preceded the arbitra- tion at Paris, and which came near rendering tlie arbitnition abortive, when a similar Report of a British Conmiission was withiield until after the case af each Government was exchanged and the Report of the American Commission made i)ui)lie." Again (paragraph 5) : — " Professor Thompson's Report is plainly written with a view to minimize as tar as possible the depjeted condition of the herd on the Pribyloff Isl.inds;" and (paragraph 6) "although Professor Thompson has been very careful throuy;hout tfie Report to say nothim; likely to embarrass his Government." The reasons for the delay in the preparation and publication of Professor Thompson's Report were given in Lord Salisbury s despatch to Sir .1. Paunceforte of the 7th .May.* Those explanations cannot, however, have been before Mr. Sherman when he permitted the insertion of the above-quoted statements in his despatch, and Mr. Chamberlain would not refer to this point, altiiough so prominently put forward, if he did not feel it necessary for the vindication of Professor Thompson's high character and reputation to declare that the alleuations made against him are totally unfounded, and therefore equally unjustifiable. Turninir to the practical issues raised in Mr. Sherman's despatch, I am to point out that be is mistaken in assuming that Her Majesty's Government attril)uted co Dr. Jordan the statement that theic is a "depleted condition and prospective early extinction of the herd." The words in question were used in Mr. Sherman's note to which Her Majesty's Government were replying, and they must adhere to their opinion that the stutcmeat is not warranted by any facts contained in the Report, The passages cited from that paper are merely expressions of opinion, and the grounds upon which such opinions are based are not set forth in the report, and the passage on p. 21, where it is asserted, " he clearly recognizes diminution, as evidenced by photographs, as also by decrease of harems," must be read with his statement that " there is no assurance that photographs taken the same date on successive years show the same or relative con- ditions, as the arrival of the seals, and doubtless their movements on the rookeries, are affected by the state of the weather and the advancement of the season. The statement quoted from Dr. Jordan's final report with which Her Majesty's Government have not yet been furnished, is interesting. It says : — " From a careful study of all the conditions, in our opinion the fur-seal herd on the Pribyloff Islands has decreased to about one-filth of its size in 1872-74, to somewhat lest than half its size in I»iti), and that between the seasons of 1895 and 1S96 there has been a decrease of about 10 per cent." On p. 22 of his preliminary report. Dr. Jordan estimates the seal-herd in 1896 as consisting of " 1 43,07 1 breeding females, or a total number of about 440,000 of seals of all grades," and he adds, there may have been, in 18y5, 15.5,000 breeding seals, or a total of 475,000." Dr. Jordan's matured reflections therefore, on the comparative state of the herd, liave apparently led him to consider that the loss during the period 1893-96 was not 7^ per cent, as he thought in November last, but " about 10 per cent." In the passage referred to on p. 22, he only carries his comparison back to 1880, when he estimates the herd at "600,000 breeding females, 1,500,000 of all grades," but he has now apparently carried his comparison further back, and estimates that in 1872-74 the herd was about five times its present size. This would mean that at that period the herd numbered 700,000 breeding females, and 2,200,000 seals of all grades collectively, and Her Majesty's Government will await with interest his explanation of the disappearance of 100,000 breeding females and 700,000 seals of all grades in tiie period between 1872-74 and 1880, when pelagic sealing had not yet begun. Mr. Chamberlain is not aware that it has ever previously been admitted that there was a decrease in the herd between 1372-74 • See No. 90. [6381 £ 122 Bnd llSSO, iiiui npimrciill)' Dr. Jordan himself was not aware of it when he wrote his jmliniinurv Report, as on p. 17 of tliat i)aper, lie states that " until 1872, and perliajx a few ytars after, tiic hen! continued to inere.ne. Durintr the period 1872 to 1*78, it donhtlegg remained jjiastically in a state of t(iuilihrium under the various checks actinjj; upon it, of which tlie trainpiiii^ of pups was the chief. The Noilh-wcsl catch, wiiich remained stationary at ahoiit 5,000 dnrint; tiinse years, heing another element of check." Wluther the earlier or later views f-f [)r. Jordan are to he taken as cxpressint; his final opinion, the discrejiancy shows ttie difllculty attending tlie discussion of the question in couse- qijciice of tlie ahsence of any really trustworthy data on which comparisons of the size of the herd at ditlercnt periods c.in be based, and justifies the action of Her Miijcsty's Government in refiisiiii^ to be drawn into a discussion of the question until further informa- tion has been ac<|uire(l. Mr. ijiermnn ajiain refers to the faIlinf?-ofT in the pelagic catch last year in iU-hring Sea ill support ol the cont'-ntion that the iierd has declined, and cites the figures ot the cuteli tor 1894, iHiifj, and I^Ofi, from which it would appear that the catch per vess-el in 18l»0. had fallen oH' nearly one-half as compared with l«04. 'Ilic tiiteli ot 1n!)4 was altogether exceptional, as will he seen from the Table printed at p. lit"^ of the licpoit of the Secretary of the United States' Treasury for 189.5, and e.\eee(led that of any previous year, as well as that of the sulisequent years, and tl)( extraordmaiy vari.iti msinthe catch Irom year to year which characterize the industry, render it iiupossihle l(> dediire Irom the .iveragc eateh per vessel in any year aiiv safe 001'.-.. ion as to the stnte ot tlie herd. Mr. Sherman (jwotiuiis l!ie assertion that the falling-ofF in last season's catch was partly due to stormy weatlicr, and cites Captain Hooper's statement that boardiny opera- tions were possible dining twenty-four days in IBOfJ, as compared with twenty-five in 1895, a statement whieii Ilir Majesty's Government have no reason to doubt, thouj?h it does not follow that scalini; operations in canoes are practicable whenever boarding is practi- caiile, still less tliat the weatiier is favourable for sealing, and, as Lord Salisbury is aware. Admiral Palliser, in his Report on the season, described the weatiier us "exceptionally bad." It is unnecessaiy to elaborate this point further than to add that Her Majesty's Government might e(|ually well maintain iVoin a comparison of the results of the Xorcli- west coast cateii in 189."> and I89(i, that si.-als were more numerous in the latter year. The number of seala is limited, and it is impossibh.', therefore, that the cateli per vessel should remain the same wliile the nmnber of ^•'> els engaging in it has almost doubled. The |)rcsencc of a greater number of vessels must uei-'essarily interfere to some extent with each other's operations, and moreover the Ctiiisfant j ;'.trolling of the limited area ol' the fishery by steam-vessels must tend to disturb t' e jcals and diminish the catcli, which in liehring Sea is made almost entirely from s!f'C|iii;g seals, even if the constantly repeated boarding to which the British vessels have been subjected had not constituted a material hindrance to the ojierations of the sealing flee'. The extent to which British sealing- vessels have been unnecessarily haiasscd by the United States' patrol-vessels during 189.5 and 1890 may be judged from the tact that in 1894, when the British sealing fleet numbered only twenty-iwo vessels, thirl y-six boiirding operations were performed, aa aveiage of one and a-half per vessel, while in 1895, when a fleet of forty British vessels was engaged, the number of boardings rose to 183, an average of four and a-half per vessel, and in 1890 the British fleet of fifty-seven vessels was subjected in Behring Sea alone to 171 boardings by the United States' patrol, an aveiage of three times per vessel. It is interesting to note that in 1S9;j seventy-six United Slates' vessels were subjected to only ]M boarding operations. If it is borne in mind that at each 'joardiiig operation by United Stales' vessels the whole catch is pulled out of the salt in which it is packed, and each skin carefully examined, and then left to be resalted and repacked by the crew of the sealing- vessel, some idea may be formed of the extent to which the operations of the sealing fleet are subjected to active obstruction, in addition to the loss caused through the effect of the constant movements of the steam patrol-vessels in scaling the seals. In addition, most of the vessels were boarded one or more times by Her Majesty's ships. It is necessary here to note that, in his efforts to prove the approaching commercial extermina- tion of the fur-seal, Mr. Sherman has, unintentionally no doubt, by quoting without reference to its context a passage from Lord Salisbury's despatch of the 21st April, placed upon it a construction which is not borne out by its language. He says : — " A Table ap(!eiided to his Report shows that the total product of the pelagic catch of 1896 in the London market was about half the amount of that of 189.5, and Lord Salisbury informs us that this result has ' brought many owners of the sealing-vessels to the verge of bankruptcy.' "... vei rote his 'p" ci few oiilitlegg '>" it, of f'liaiiied ^Vlk-ther o|'iiiioii, c'ouse- tlie size Miijcsty's iiforma- ^f bring ot the '^••el in ■ral)le •*, and lustry, ill IV safe 123 Whnt Lord Salisbury did attiialiy say was that " the small r;\tch and low prices obtninrd for the skins last year hrout^ht many of the owners of the scaling-vcsscls to the vtrjte of bankruptcy." It is perhaps unnecessary to dwell further on this part of Mr. Sherman's despatch, as it has been answered by anticipation in Lord Salisbury's despatch of the 7tli May, to which no reply has been received, but in view of the fact that Mr. Sherman speaks throughout as if pelacic scaling were the sole cause of the aliened deplctiou of tiie herd, it may be well to again call attention to the conclusion tiiere drawn from Dr. .Ionian's estimates of the herd at different periods, viz., that the decline of the herd was much more extensive before pclajjic sealini; became general than it has been since. Mr. Chamberlain cannot pass without notice the attack upon Her Majesty's Govern- ment for declining to consider an immediate revision of tiie Fishery Heijulations established by the Arbitration Tribunal at Paris in 1803, as this attack fornis so consider- able a portion of the despatch, that silence might be construed i)y the Fuited States' Government as an admission that Mr. Sherman's observations cannot be answered. The expressed ob'vi.t of the arbitration was "the preservation of the fur-seals," and the Regulations adopted were framed with a view to "the proper protection and |)rescrvatiou of the fur-seal .... resorting to Behring Sea." From a perusal of this despatch of the 10th .May it might be inferred that the " proper protection and preservation of the fur-seal" is identical with tlic suppression of pelagic sealing, and this view is consistent with the attitude maintained by the United States' Government from the outset. In support of their views the United States' Government have departed from the noblest traditions of their country which had earned universal honour by their efforts to vindicate the freedom of the high seas. The nation which is now so zealous for prohibiting the killing of seals on the high seas was, in 1832, with ecjual zeal asserting a claim of right for its citizens not only to kill seals on the high seas, but to land and slaughter them on the shores of a friendly nation. The Power which now reproaches Her Majesty's Government with " unneigh- bourly " conduct because they decline to abolish an industry the lawfulness of which has never been questioned except by tiie United States, and has, only four years since, been vindicated by the highest international Tribunal, did not shrink iii IH.'VJ, when the United States' sealing- vessel "Harriet" had been seized for violating tlie territory of the Kepubiic of Buenos Ayrcs in tlic pursuit of fur-seals, from laiuiini; an arii'.cd [tarty at Soledad and carrying off the crew and cargo of the vessel, and from declaring that the seal fishery on those coasts was in future to be free to all .*imericans, and tliut tiie capture of any vessel of the United States would be regarded as an act of piracy. The shores of the Pribyioff Islands are to-day just as much uninhabited as were tne shores of the Falkland Islands and Tierra del Fuego fifty years ago, but no Hritisii subject has ever claimed the right to land and kill seals there as tlie United States' citizens did on the South Atlantic under the protection of the guns of a United Sta'es' man-of-war. British subjects, and Her Majesty's Government for them, have only claimed the right of every subject of a free State to exercise their undoubted right of fishery on the high seas ; yet, while exercising that right, British subjects have been seized, lined, and imprisoned, in the face of the protests of Her Majesty's Government. And now, after Her Majesty's Government, in their desire for an amicable arrangement with the United States, had agreed to submit to arbitration their claim to exercise a right never before disputed, and to leave to the Tribunal to determine when tliat riglil had been vindicated, under what restrictions it should, in the interests of both countries, continue to be exercised, and after they have ever since scrupulously adhered to those restrictions, they find themselves, notwithstanding these concessions and sacrifices, accused of unneighbourly conduct. When the Award was made it was welcomed in the United States because it was believed that the restrictions were sufficient to render pelagic scaling unprofitable, and kat the interests of the lessees of the PribylofT Islands -..ould not under the new condition ot affairs be materially or injuriously affected. When it was discovered from the results of the first year's fishery that the Regulations, severely as they pressed on the British industry, were not sufficient to destroy it, the United States' Government began to press Her Majesty's Government to agree to revise the Regulations. The same arguments as had just before been urged in vain upon the Tribunal were repeated. Pelagic sealing it w is declared was suicidal, and the extermination of the fur-seal was imminent. Her .Majesty's Government refused to agree to set aside an Award arrived at after the most careful deliberation by the Tribunal, [638] S 121 merely because it was found tliat British subjects could, under tlic restrictions imposed by it, still continue to prosecute their industry successfully. The ;i{;itatinn and pressure were continued, and cxaL'gcratcd statements as to the condition of the lieid were circulated, till, when Her Majesty's Government sent their Agents to in(iuire into the actual facts in 1890, it was found that, in spite of the large catch of 189r>, the lic-d actually numbered more tlian twice as many cows* as it had been oflicialiv a.-scrlcd to contain in 1895. The result of these investigations, as pointed out in Lord Salisbury's despatch of the 7th May, has further been to show that pelagic sealing is inucb less injurious than the practice pursued by the United States' lessees of killing on land every male whose skin was worth taking. If the seal herd to-day is, as Professor .Jordan estimates, but one-fifth of what it was in 1P72-74, that result must be, in great measure, due to the fact that, while the islands were under the control of Russia that Power was satisfied with an average catch of 33,000 seals, subsecjuently under the United States' control more than three times that number have been taiten every year, until tlic catch was perforce reduced because that number of males could no longer be found. Last year while the United States Government wcc pressing Her Majesty's Govern- ment to place further restrictions on pelagic sealing t cy found it. possible to kill 30,000 seals on the islands, of which Professor .Jordan says, p. 21, 2'J,000 were to tbe best of his information 3-year olds, though on p. 17 iie estimated the total number of 3-year old n ales on the i.-.lan(ls as 15,000 to '2O,O0C. If such exhaustive slaughter is continued it will, in the light of the past history of the herd, very (juiekly bring about tii«t commercial exter- mination which has been declared in the United States to be iiiiniint;nt every year for the last twelve years. Enough has perhaps been said to justify the refusal of Tier Majesty's Government to enter on a jjrccipitate revision of the Regulations, and if further justification were required it is to he found in the nature of the industry as carried on by British subjects, especially if compared with the proceedings of United States' citizens. A large amount of British capital has been invested in sliips specially fitted for tl e seal fishery, which cannot readily be turned to other uses, and niucli skill has been acquired by those employed on the vessels whicii is useless for other |)urposes, and Her Majesty's Government would recjuire very complete justification before they could assent to measures which would render ;v large proportion of this capital and labour unprofitable. The United States industry is carried on on land, no capital is required except a small sum annually for the maintenance of the few Indians on tlie islands, whose principal sus- tenance is, in fact, seal's flesh, and for bringing the skins to market. A partial or total cessation of sealing is therefore a light matter to the United States' citizens as compared with its result to British subjects. The staling industry, moreover, as carried on by British subjects is at best a highly speculative one. If by good fortune seals are met with in abundance and the weather is suitable it may i)rove highly remunerative, provided prices are good. But when the weather is bad, and seals are timid and prices as last year are low, heavy losses are incurred. To add :;o these risks uncertainty as to the conditions under which the industry may be canied on would be equivalent to putting an end to it altogether. Mr. Sherman's strictures on the conduct vi flcr Majesty's Government should be read in the light of these facts. In further support of his indictment of Her Majesty's Government Mr. Sherman jn-oceeds to review " the manner in which it (the British Government) has responded to the action of the Paris Tribunal, and to what extent and in what spirit it has observed the dv'ci.;ion and recommendations of tliat Tribunal." This review contains some signal omissions and also some inaccuracies to which atten- tion must he called. Mr. Sherman begins by recalling the fact that when the draft Regulations were submitted to the Tribunal the) provided that the Regulations should apply to all the waters of the Pacific Ocean to the north of the thirty-fifth degree of north altitude and that the late Lord llannen objected to this provision, and moved an amendment limiting the area to that part of the ocean and sea east of the ISOth meridian, and he cites part of the wort's used by the President of the Tribunal in acquiescing in the amend- ment, but omits the concluding portion which was "Nevertheless, as far as he was con- cerned he (lid not desire to do anything which might be prejudicial to the position of Great Britain or of the United States, in the negotiation wliich the Governments of these two countries might engage ultimately with Russia and Japan." Mr. Slwrman also omits • Tho number of cows, accordiiiB to the official estimate of 1885, was 70,428; the count in 1896 sbowtJ H:'.071 ciuT" Akk. ^' fis im|)os<'d as to tlic sent tlicir [T the lariTc as it liad as pointed iat pelade s lessees of lo-day is, as lit must be, fl of Russia under the I every year, longer be 's Govcrn- kill 30,000 best of his ir old n ales 'd it will, in reial cKter- e;ir for the ernment to jre required especially ted for t\e II has been !s, and Her lid assent to iiprofitable. I small sum incipal sus- ial or total s compared st a highly weather is when the losses are which the altogether, be read in • Shennan iponded to served the lich aUen- thf! draft ns should e of north nendmont 1, and he le amend- nas con- osition of ' of these i'sG omits 896 showed 126 to mention that the amendment was unanimously auiccd to. Lunl ILmnon's views on this point, iherclore, were equally sliarcd by his United States' cullca-ues on the Board. Mr. Sheritan continues, "When, in accordance with Article VII of the Treaty of 1892. the Russian and Japanese Governmculs were approached with a view to securing their adhesion to the Regulations, they both replied they could only do so on tlicir extension to the Asiatic waters," and when Secretary Gresliaiii vcil)all\ in October, 1893, bioui;ht this view of the subject to the attention of the Britisii Aniba^sadur, he rcc(iL;ni/.ed the force of the position, and said the situation seemed to suir-cst the prupriely of a I'reaty between the four Poweis " for the preservation, for their common benclit of tiie fur seals between the two continents, and north of the 3jth deizrce < f uorth latitude." As a matter of fact the identic note to tiiu Maritime I'ov crs inviting their adlusion to the Regulations was not dis|mtclicd till the 20th August, 1894. In a despatch of the 'JGth October, \h0'), however, Sir J. Paunccfotc records a con- versafiou with Mr. Gn'sham, in which he ici)orts : — " He (Mr. Gresham) took tlie oppoituiiity of mentioning tiiat the Russian and Japanese Governments would probably, us a condilion of their adhesion to the Rcmilations prescribed by the Award, insist that the southern limit laid down in Article "J of (lie i{cLiuiuti(ins, namely, the ."iSlh degree of north latitude should be extended as far as tuc Jaj'iuiuse coast, so as to protect the Russian and Japanese rookeries. Mr. Grishaiii was ol opinion that it would be difficult to resist this demand on equitable grounds, it bciii^ based on reciprocity. lii reply to his inquiry, 1 said that the contention might seem plausible inougli, but I did not know how it would be viewed by Her Majesty's (Jovcrniiieiit. I underbland that Mr. Bayard has been instructed to confer with your Lordship tlicivoii." There is thus a discrepancy between Mr. Gresham's report, as quoted by Mr. Sherman of the language used at this interview by Sir J. L'aui.cefote, and Sir J. i'auncefotc's own report of liie same interview. liowcver, this may be, and whatever instructions may have been st.iit to ^Ir. Bayard as to the interests of Russia and .lapan, he appari'iitly did not cun.sider thai hu was desired tc bring the question before Tier Majesty's Government for his oUicial note of the 20th November made no allu.sion to the subject, and that note, witii t lie exception of a verb.ll communication on the :^Otli September, 1893, expressing the desire t)f his Govern- ment for prompt action in procuring legislation to give cH'ect to the Award, and in securing the adhesion of otiier Powers was the first communication received from him on the question of tlie Award. No note from Mr. Gresham of the ^iSrd January, 1891, on the subject of the seal fishery appears to be on ircord, and the note of the 24th January, to whicii possibly Mr. Sherman alludes, contains no allusion to tiie subject ol tlie .Japanese and Russian fisheries, nor does any conununieatioii appear to have been made to Ikr .Majesty's Govern- ment on the 2nd May, 1891, in reference to this (lueslion, Mr. Siiermaii appears to have been misinformed as to what actually took place i regani to tlii.s matter. On the 11th March, 1891, Mr. (iresham, in the course of u discussion on the subject of the legislation proposed by the respective' Governments lor eiit'urciiiL' the Award, threw out a suggestion for a Convention between the four Powers j.-riiieipally interested, namely, Great Britain, tho United States, Russia, and Japan, to embrace a complete scheme of regulations applicable not only to tlie hiuh seas, but also within the sovereignty of each Power, and he coupled this with a proposal tliat meantime the modus Vivendi established during the arbitration, should be icneued and extended over the whole area of the Award. Such a modus vivenili would have jiru'tieally iiieveiited any pelagic scaling on the eastern side of the Pacific, and would have driven the whole body of pelagic scalers to the western side, the Japanese and Russian fisheries wliicli .Mr. Sher- man now believes the United States' Governineut were anxious to protect. Her -Majesty's Government replied, five days later, on the ililh March, that they s.iw no objection to the proposed negotiation between the four Powers, and wcil wilting to renew iha modus vivendi on the s'jmo terms as before, but could not cousent to its extensiun. As the United StatcH insisteil or »lie extension, the proposal dropped tnr the time. It is jio^jible that .Mr. Shernmn may iiavc! bad in mind tiie propu-aU marie by Mr. Gresham, on the 'iMrii January, l.'^9."., to which he pre\iously referred. To that note, after communication with the Dommion (iovcinment, n reply was retun.cd on the ITtb May, which was received by the United States' (Jovernmc>nt, as Mr. Sherman states in an earlier part of his (Uspatcli on the :i7lh .May. That reply, to wliieb .Mr. Sherman refers as "complacently" stating "that the ';(iiidition of atiairs i;. iiuL ol so umeiit a character us the Picsidetit has been led to iielievc, " ami thai llierewas iiu " such ur.;cnt daii"cr of total c.xtinctitm of the seals as to call t'or a departuu lioin tlie Arliiltal .'.ward by [(i3b| ^ •-' 120 whicli the two nations liavc solemnly bound themselves to abide," contained u very full statement of tlie reasons for tlic bclieif expressed by Her Majesty's Government to which tiicv have not yet hail any reply, and Mr. Sherman omits to mention that alternative pro. poaals were submitted for the prosecution of a joint in(juiry into the facts, tiie necessity for v/hich has been fully established by the results of last year's investigations. If that pro- posal of Her Majesty's Government had been promptly accepted, the first trustworthy information as to the state of the seal herd would have been availal)lc at the end of 1895 instead of at the end of 1896, and would have afforded, with the information collected in tile latter year, some criterion of the progress or decline of the herd. The reasons which induced Her Majesty's Government to decline to enter upon a joint ncijotiation with the Jiree Powers interested in suppressing jielagic sealing were fully set forth in the correspor dence, and it is unnecessary here to do more than call attention to the fact that since IS J3 Great Britain has hau an arrangement with Russia in regard to the seal fishery in tvhich that Power is interested, and that, as the seal iierds arc generally alleged to be (|uitc distinct and not to intermingle, no advantage would have been gained by ajoint negotiation, which could only have been based upon incomplete know- ledge of the facts. Mr. Sherman proceeds further to reflect upon the action of the late Lord Hannen and of Her Majesty's Government in regard to the second Declaration annexed to the Award of the Tribunal, which urged a suspension for a short period of any killing of seals either on land or sea. Mr. Sherman states that Mr. Gresham instructed Mr. Bayard on the 12tb September, 1893, to ask the concurrence of Great Britain in the enforcement of this Declaration, and that Mr. Bayard reported on the 13th September that he had made known his instructions to the British Government. Mr. Bayard must have failed to make his meaning clear, lor Lird Kosebery's despatcli of the 13th September to Sir J. Pauncefote, recording his conversation with Mr. Bayard, speaks only of arrangements "for carrying into effect the Award of the Behring Sea Tribunal of Arbitration," and makes no I'eference to the second Declaration annexed to the Award. On the 20th of the same month Mr. Bayard communicated a further instruction from his Government on the subject of the enforce- ment of the Award, but also without any reference to the Declarations, as is also the case in the formal note addressed by Mr. Baj'ard to Lord llosebery on the 20th Novem- ber. The first reference to the subject is contained in Mr. Gresham's note to Sir J. Pauncefote of the 24th January, 1894, in which, after urging the early enforcement of the Kegulations, he adds "the United States would be glad to prohibit entirely for a j)eriod of three years, or for two years, or for one year, the killing of seals, but unless Her Majesty's Government should be willing to agree to that measure it only remains for ti' -• VQ Governments at once to give effect to the Regulations determined upon by the T:*lo!t al as necessary in conformitv with the Treaty." In forwarding this note Sir J. t uuneefotc observed that he had read this statement in Mr. Gresham's note with • 1- prise, as it was inconsistent with his former language on the same subject at an inter- view on the i;Jth December, when, as reported by Sir J. Pauncefote in a despatch dated the IGth of that month, Mr. Gresham had stated "as regards the second Declaration, respecting a further cessation of seal killing at sea and on land, Mr. Gresham stated that he was opposed to closing the industry during the coming season. Such a course would, he thought, raise a great outcry in this country, and, moreover, it was important to ascertain what had been the effect of the cessation of seal killing for two consecutive seasons in Behring Sea.'* Tiiis language, it need scarcely be observed, disproves Mr. Sherman's belief that the United States' Government had been urging Her Majesty's Government to agree to the adoption of the second Declaration from the moment they were informed of it. Moreover, it is to be observed that on the 24th January, 1894, when in the manner quoted, the suggestion to adopt the Declaration was thrown out, it was too late, as the sealing-fleet had already started for the spring fishery. Her Majesty's Government did not, however, as Mr. Sherman supposes, fail to respond, fee in their reply, dated the 24th February, they stated with reference to the .sugpcst.ou i.iat they were willing to agree as a temporary measure to renew the inodus ntudi for Si • continued closing of Behring Sea. This offer did not meet with the view of the diiited States. Mr. Sherman's account of the action of Her Majesty's Government in regard to the adoption of measures for enforcing the Regulations is also incomplete In calling attention to the delay which took place in passing the legislation for giving efl'ect to the Award, he omits to mention that part of the delay was due to the difficulty caused by the desire of the United States' Government to transfer the negotiations to London, although all the previous discussions in connection with the Behring Sea difHculties had been carried on ut Washington, and Her Majesty's Ambassador I 127 pry full I which |vfi pro- hsity for I at pro- [worthy U 1895 pllected regard Ms .ire I'e been know- there was fully informed on the whole question, and, further, that for some time the United States' Government persisted in a desire to proceed to enforce tlie Rcju- lations by means of a Convention instead of by legislation, a course wiiich was impossible for this country, where Treaties restricting or interfering in any way with the rights and liberties of ti>e subject rei|uire the sanction given by express laws. The proposed Icgisl.ition, too, mainly affected Her Majesty's subjects m Canada, and it was necessary tlierofore to refer constantly to the Uoniinioii Cjovernment in the matter, and there w.is no undue delay on the part of Her Majesty's Government in dealini; with it. The British Act received tiie Royal assent on the 23rd April, 1S94, just seventeen days after the United States' Act was passeu ; the Order in Council giving the necessary powers to United States' otticers to act under the British Act was passed on the 30th April, and instructions were sent to Her Majesty's naval othccrs bv telegraph the same evening, and the Act was thus brought into force before the beginning of the close time fixed by the Regulations. The statement in .\Ir. Sherman's de--,)atch, therefore, tiiat " the British Act to enforce the Regulations was not passed until four n.or.tlis after the sealing season had opened, and the final Order in Council (the 27th .June, 1894) on the subject was not issued until six montlis after the sealing fleet had put to sea in disregard of the Award of the Tribunal " is misleading. Tiie Regulations, except in so far as they prescribed a special flag for scaling-vessels, and the making certain entries in the log and taking out a licence, all made no change in regard to the methods of sealing during the ',)ring. Tiie Icgislntion was pns.-ed in time to enforce the close season, and during the close se.T;on an.ngementswere completed with liic United States in regard to the flags, &C., and it was to givt eHc^ to these arrangements tiiat the second Order in Council, viz., that of the 27th .June was pas:ed, more than a month before the close season ended. It is difficult therefore to know what is exactly meant by saying that "the sealing tieet had put to sea in disregard of the Award of the Tribunal," unless it refers to the departure of the fleet for the coast fishery in whicli the Award makes practically no change. In regard to the charge of neglect of the police duties under the Award, Mr. Chamberlain would observe that the sealing fleet consists entirely of small sailing- vessels. In 1894 forty-lour were employed during the spring season, and thirty-seven in Behring Sea. In 189.') the number in the spring season was fifty-two, and in iiehring Sea fifty-nine, and in 1890 the numbers were forty-tliree and sixty-seven respectively. The main tivity of the patrol is to prevent infringement of the 60-milo zone in Behring Sea, and to ;;! event sealing during the close time, and even if the masters of the scaling-vessels were 'c t oil 'jvading tlie law, instead of being, as tiiey are, most anxious to conform to it. Her A]aie>;t; a Government are satisfied that one man-of-war or revenue-cutter is (juite equal to l')..;.ki>t:'' after eight small sailing-schooners. ilw Majesty's Government also send three vessels to patrol tiie western side "(' t. ■ Pmific to sec to the enforcement of the arrangement with Russia, and though Unit! ' ' ..ates' pelagic sealers equally engage in the fishery on that side, and United States have a similar arrangement in regard to it, Mr. Chamberlain has never heard of any United States' vessel taking any part in the patrol on that side, and Her Majesty's Government have, therefore, had employed in the patrol of the seal fisheries on one side of the Pacific or the other five or six men-of-war as a rule, as compared with five or six revenue-cutters on the part of the United States, and they have every reason to believe that this force is ample for the discharge of the proper duties of the patrol. The " strange misconception of the true spirit and intent of the Arbitrators," said by Mr. Sherniaii to have been developed on the part of the British Government, lias been entirely on the part of the United States — a misconception which Her Majesty's Government have fre- (, .ently had to point out. The Agreement for allowing vessels to have their arms sealed up wivS not renewed, because, as Mr. Siierman was well aware, it was made a pretext by United States' officers for the unwaiTantable seizure of two British vessels. Moreover, Her Majestv's Government made provision for the examination of sealing-visscis before clearing for Behring Sea, and the issue to them of certificates by the Customs authorities, to the effect that they had no fire-arms on board. The United States' Government declined to accept these certificates and insisted that British scaling-vessels should undergo a further and, as might be exjiected, unsuccessful search at the hands of a United .States' Customs officer, 'fhe United States' Government can scarcely have seriously expected that Her Majesty's Government would consent to cast sucli a grave aspersion on the cliuracter of their officials. The Award, it must be remembered, is carried out, so far as British vessels are concerned, under a law of the Imperial Parliament, and lier Majesty's Government iiave accepted the assi^tanee of United Statc'^.' commissioned officers in enforcing that law, but they have not conferred (m them, nor did the Tribunal of Arbitration suggest li.at they should confer on (iiem, the duty of supervising and controlling the uutici uf Urititli 1^ naval or customs officers appointed to that duty, and tliey are pleaf cd to think that in spite of all the boardins and searching with wliicli the liritish sealing fleet has been harassed, not a single instance has been established of the use of tire-arms by British vessels contrary to the Regulations. Tiic so-called serious defect in the British Act for the enforcement of the regulations is the next point in Mr. Sheman's indictment. He refers to the oiniision of the clause, contained in the Act passed to carry out the moilus vivendi of 1891, which provided that the |iresumption of guilt would lie against the vessel having on board fishing or shooting implements, or seal-skins at forbidden times or in forbidden waters, and declares that " the practical effect is to make it impossible in many cases to convict British sealing- vessels, although there may be the strongest presumptive evidence of guilt, evidence which, under the Act of Cr 'urvess, would in most cases procure the conviction of an American sealing-vessel." It would have been of muei ance to Her Majesty's Government if Mr. Sherman bad mentioned one or two of i v cases, as only ten liritish vessels have been seized during the three years that the Act has been in force. Of these, two were seized in 1694, not for violation of the Award, but having unsealed arms on board, the alleged arms in one case being a musket with the hnrrel cut down, used for signalling to the vessel's boats. 'J'here wiis absolutely no evidence in cither case that the arms had been used, and the Admiral decided not to bring vessels so improperly seized to trial. One vessel was seized last year by the Ignited States on the pretext that mere was a shot-hole in one of the skins, tliough the most exiiaustivc search failed to reveal any arms on board, and after a few days' detention the United States' officer in charge of the patrol released her. There remain only seven vessels, therefore, brought to trial in three years, and of these four have been convicted and heavy lines or forfeiture inflicted. The cases referred to by Mr. Sherman are then lore reduced to three. One of tliese vessels was seized on the ground that the master had not entered up in his log for two days the number of seals taken, and the Court promptly dismissed the ease with costs against the prosecutor. The other vessel released had been seized on a charge of usini;^ fire-arms in killing seals in Behring Sea. Having been previously sealing on the Jajjan coast, where the use of fire-arms is allowed, on entering Behring Sea the niaster had his ammunition and arms carefully counted by the United States' ollicers at Attu before beginning sealing. When searched subsecjuently there ;i|>peared to be some discrepancy in the ammunition, and one skin had a hole in it presenting an appearance like that of a shot-hole. The discrepancy in the ammunition was fully accounted for, but the vessel was sent for trial, and of course acquitted. The third case of acc|uittal was somewhat similar to the last, except that the evidence was even less strong, and the Commander of the British patrol fleet only sent her for trial because his instructions gave him no discretion where a distinct offence is charged against a vessel by a United States' oflicer. It is imjilied that because the clause making the possession of sealing imjjlements priind facie evidence justifying seizure appeared in the Act for the enforcement of the luodits vivendi in I8!)l it should also have appeared in the Act of 1894 for enforcing the Award. But the circumstances were completely altered. Under the inodus rirendi Behring Sea was closed to sealing. If H vessel with sealing equipment was found within the well-defined limits of the sea, her presence raised the presumption that she was there for an unlawful purpose. The Award, on the other hand, .established a close season over the whole ai-ea of the North Pacific east of 180° from the Isi M.".y to the 1st August. When the close season begins the sealers have to find their way back to port through the closed area for hundreds of miles with their arms and skins on board. Before the season opens in Behring Sea they have again to find their way through the closed area with their equipment on board to be ready to begin operations as soon as the close time ends. If the clause were in the Britisii Act i'v»;ry one of the vessels either going to or returning from the prosecution of their lawful fishery could be seized solely because of the possession of the implements and produce of bre calling. It would be evidently unjust to enforce such a provision. Even if the o|)eration of the clause were restricted to the 60-miIe zone in Behring Sea, it would obviously, with the fogs and currents there prevailing, when for days together it i jnpossible to get a sight of the sun, be unjust to presume that whenever a sealing-vessel was found inside a geogr.iphical line which she may have bad no opportunity of fi.xing, that she was necessarily tliere for an unlawful purpose. Such a measure would be contrary to the spirit of justice, and inflict unnecessary and unmerited hardship on a part of Her Majesty's subjects who are most anxious to observe the law in every particular. The final instance cited by Mr. Sherman of " the failure and refusal " of the British Government to give full eflect to the Paris Kegulations," deals with the question of the entries required in the uflicial log>books of the number and sex of the seals taken. He 129 ft ill spite assed, not contrary bqulations lie clause, fidc'd tliat shootiiiif lares that sealing- J evidence |on of an speaks of the "daily" entry, though the word does not appear in the Regulations, and complains that the Returns lurnished by Mritisli sealing vessels arc \intrust\vorthv, and that Her Majesty's (Jovcrnment liave refused to allow tiiu catcli of British scalin;;-vesscls to bo examined in Canadian ports by United States' Inspectors. Mr. Sherman omits to mention the contention of Her Majesty's (iovernment that the results of such ins|)ection for tiie purpose of deterininiM!^ the sex of the seal from which the skin has been taken are at the best of very doubtful value, and tiiat althougli in tiie case of males three years old or over, or of temaios wiiich have borne youns;, it is possible to determine the se.\ from an examination of the skin with more or less accuracy, it is not possible to do so with any approach to certainty in the case of the skins of young males or females. Mr. Sherman's charges are summed up in the final paragraphs of his despatch. Tliey have been answered above in detail, nnd it has been sliown in regard to the alleged refusal to extend the Regulations to the Asiatic waters that Regulations believed at the time by Her Majesty's Government and the Government of Russia to be adequate in regard to these waters, have been in force there since 1893, and that when Russia in 18!)5 complained of their inadequacy, Her Majesty's Government took the first opportunity in 1S9() ot inquiring into the state of the herd on the Russian Islands, and are conducting further investigations with the same object this year. In regard to the refusal of Her Majesty's Government to agree to the total suspension of the killing of seals for a period of years, it has been shown that such a measure was irt the first instance deprecated by the United States' Government, and when it was brouglit up it w '.s too late, though in any case Her Majesty's Government could not iiave agreed to sucli a measure, as it would have involved the ruin of an important British indust.'y. The alleged neglect to put the Regulations in force until after sealing had been entered upon has been answered by showing" that all the substantive Regulations were enforei.'d by the date fixed by the Tribunal. The "evasion of the patrol duty" has been disposed of by showing that Her Majesty's Government have actually had a larger force engaged in patrolling the seal fisheries of the Pacific than the United States, and that the force is more tiian adequate for the purposes. The "opposition to suitable measures for the enforcement of the prohibition against fire-arms " has been shown to be unfounded. The possession of fire-arms by a sealing- vessel is not in itself illegal. It is their use which is prohibited, but it has been shown that British vessels do not clear with fire-arms, that no instance of their use has been established, and that Her Majesty's Government were compelled to withdraw from the arrangement for the sealing of arms, because they found that not only did it not serve to save British vessels from unnecessary interference, but was actually made a pretext for unwarrantable seizures. They have not omitted to enact legislation necessary to secure the conviction of the guilty, but they have refused to pass legislation certain to embarrass and injure the innocent. They have refused to seek legislation authorizing an inspection of skins because they do not believe that such an inspection would serve any useful purpose. They have performed with the utmost rigour all the requirements of the Award, but they have had to nudie continual and unavailing protests against the attempts of the TTnited States to hamper and embarrass the op('r,'>:ions of British subjects pursuing their lawful vocation. The fact that in spite of these embarrassments British sealers have been able to prosecute their industry with success has led to the continual efforts of the United States to obtain such further Regulations as would effectively prevent that result, w tiioiit regard to the object aimed at by the Tribunal in the Regulations they laid down which was to preserve the seal fishery for the benefit of both countries. Her Majesty's Government have never argued that the Regulations we e perfect, but they have maintained that before they can be revised in a scientific manner accurate information as to the increase or decrease of the herd must be available, and that such information can only be obtained by accurate observations extending over a sufficient period to enable accidental circumstances to be eliminated, and as soon as that is at hand they will be ready to enter on a discussion of the question in the impartial and friendly spirit with which they can confidently claim to have acted throughout this controversy. I am, &c. (Signed) EDWARD WINGFIELD. mipp '180 No. 106. The MarquesH of Salitbury to Mr. Hay. Your Excellency, Foreign Office, July 28, 1897. IN the last imragraph of the despatch addressed to you by Mr. Sherman under date of the 16th May last, and communicated by you to me on the 22nd of that month, a wish is expressed for a Conference of the Pcvevs interested in the fur-seal fishery of the North Pacific. In reply, I have to state that Her Majesty's Government are willing to agree to a meeting of experts nominated by Great Britain and Canada and by the United States in October next, when the further investigations to be made on the islands during the present season will have been completed. The object of the meeting would be to arrive, if possible, at correct conclusions respecting the numbers, conditions, and habits of the seals frequenting the Pribyloif Islands at the present time as compared with the several seasons previoas and subsequent to the Paris Award. It seems to Her ^lajesty's Government that Washington would be the most suitable place for such a meeting. The other portions of Mr. Sherman's despatch, in so far as they require any reply from Her Majesty's Government, have been answered by anticipation in despatches which I addressed to Her Majesty's Ambassador at Washint^ton on the 22nd April and 7th May last, and which have been communicated to the Government of the United States. I have, &c. (Signed) SALISBURY. No. 107. The Marquess of Salisbury to Mr. Adam. (Telegraphic.) Foreign Office, July 30, 1897. MR. TOWER'S despatch of the 30th June and previous correspondence. Her Majesty's Government regret that they are unable to accept the proposal made by the United States' Government that their 1897 Regulations should be adapted to the sealing-vessels of Great Britain. Her Majesty's Government consider, with regard to the sealing-up of arms, that the certificate of a British Customs officer, which is carried by the majority of British sealing- vessels, stating that they have no fire-arms on board, already provides a sufficient guarantee. You should, however, inform the United States' Government that instructions have been given that the officers of Her Majesty's patroliing-vessels should seal up the arms and ammi^nition of any British vessel which applies to them, and make an entry to that effect in the vessel's log. y^. mm MJPIWiJ J.l!JiMtW|ppjipi,i.:) AUU!.|4i.,yft i.jiP»l4i * '