IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 1.25 m 111^ i^ "° IM 1112,2 116 1.4 2.0 1.8 1.6 V] V- ER\.ME\T()F(;KEAr ItlHTAlN IN THE l!EHlUN(i SEA, INCLUHENX; AEL COMMUMCA- TIONS SINCE MARCH I, 1,-S!». WASHIXGTON: GOVERNMENT PRINTING OFFICE. 1890. SEAL FISHERIKS OF HEHRING SEA. MESS A (J E KROM rilK Pl{E8IJ)ENT OF TlIK UNITED STATES TKANSMirriNG A LETTER FROM THE SECRETARY OF STATE, WITF£ \o'(JOMPANYING PAPERS, TOUCHING THE SUBJECTS IN DISPUTE lJhT'VVi.,:,f THE GOVERNMENT OF THE UNITED STATES AND THE GOV- "^ ERNMENT OF GREAT BRITAIN IN THE BEHRING SEA, INCLUDING ALL COMMUNICA- TIONS SINCE MARCH 4, IdSl). i WASHIISGTON: GOVERNMENT PRINTING OFFICE, 1890. wm ^j^B pi a HPWW ^ ( ^ T( ' St ol yf (!a (li T] 51sT ('(»N(il!i;ss. I.s7 .SV ssiuit. UOUISI^ OF JfEriJESENTATlVES. I Ex. 1)00. \ No. 450. SEAL FISllElJJIvS OF IJEHUINCr SEA. M E S S A G E FlIOM TllR PRESIDENT OF THE UNITED STATES, TRANSMITTING A letter J'roiii the Secretary of State, icith accomiHdti/inn papers, touching the subjects in dispute between the Government of the Cnited States and the Gorcrnment of Great Britain in the Behring Sea, including all cow- munications since March 4, 1S80. July 2',i, 1890. — KeCorrod to the Committee ou Foreign Ailairs. 1 To the Bouse of Eepresentatives • In resi)oiise to the resolution of the House of Representatives, re- questino- me, if in my judgment not incompatible with the public inter- est, to furnish to the Ilouse the correspondence since ]\Iarch 4, 1889, between the Government of the United States and the Government of Great Britain touchine:' the subjects in dispute in the Behring- Sea, E transmit a letter from tlie Secretary of State which is accompanied by the corresi)ondence referred to in the resolution. Benj. nARRiS0]N\ Executive Mansion, July L»3, 1890. Bar Harbor, ]\rAiNE, July 19, 1890. To the President : Tiie otticial correspondence between tlu' Government <»f the I'nited Statesand the Government of Great Ib'itain,,— touching the seal lisheries of Behring Sea, — whose transmission to the House of licpresentatives you directed on the 11th ini^tant, is herewith submitted. All communi- cations since Miirch 4, 1889, are included. A map will accompany my dispatch of June 30, 1890. I sin( erely regret the delay la transmission. The correspondence is still in progress. 1 am, sir, with great respect, your obeilient servant, James G. Blaine. 1 1 2 SEAL FISHEUIKS (»F ItKHIJINO SEA. LIST nlf Al CoMI'AN\ l.Mi I'AI'KU.S. 1, 1). HI. 11. I'i. i:!. No. No. NO. No. No. N... N.). 18H'.». N(i. No. No. No. No. No. l*t(). No. U. •i-2, 1"<'J(). No. 1.'). No. If). •No. 17. No. 18. No. 111. No. •>(). No. -Jl. No. -"i. of.Snli.sb No. -2;! No. No. No. No. No. No. No. No. Mr. Kdwiinl.'s to Ml. Hlaim-, An},MiNt 'Jl, l--'.i. .Mr. I'.liiiiii' lo Mr. Ildwiirilfs, Aii.nnsi -Jl, !--'.•. Ml. Ililwaiilcs to Mr. Mlaiiif, Aii;iiisl ■.'.'>. l.-''ll. Ml. Kihviuili'M to .Mr. Itliiinr, Sciilfiiilicr l-j. l-'-K. .Mr. Illiiiiic to .Mr. KilwnidcM, Scidcinlirr II, lrt~'J. J'lio Miir(|iiis of Sali.slmr.v to Mr. Kduiinlfs, OctoUrr "i, M"*;». Tlio ,Miin|iiis of .SaliKlmrv to Mr. Edwai'ilos, with an iiido-siin' OctolitM' •.', Mr. JMlwardeH t(. Mr. HIaino, October \\, IHH'.t. Mr. Mlaiiif to Sir .Iiilian Pannci'l'otc. .lanuary •,»'2, l"".»(t. Sir.liiliaii I'auiKcrotc to^[r. Hlaiiw, j'cl.riiary 10, IHDO. Mr. Klaiiif lo Sir.'iiiian I'aiiiiol'otr, wiili an inclo.siiro, March 1, 1-itrt. Sir.iniian i'anncfrotc to .Mr. iilaiiii'. with an inclosiirc, Marcli '.•, l-^'.Xl. .Sir.liiiian I'aiincol'otc to Mr. lilaliu', witli an iin lo.Hurc, roccivi'd April H", Tlitj Marquis of Salisbury to Sir .Julian I'aiinccl'olc, with an intiosiirf. May •Jl. 0•^_ :{it. :Jl. Sir Mr. Mr. Mr. Sir Mr. Sir Sir iirv, .Mr, Sir Sir Sir Mr Sir Sir Mr. Mr, .Tniiaii raiinccfotc to .Mr. Hlainc, May •,':'., 1H1)(». Mlainc to Sir.iniian I'aiincfiotc, Mav ',*(i, HlH». r.iainc to Sir .Julian I'aiinct.'fotc, May -I'J, MW. Hlaiin' to Sir Julian raiiiu'cfotc, ,Imn' 'J, IfJ'.lO. .Julian I'aiinocfoto to Mr. Hlaini', .Jiiiu! ;'., IH'JO. . niaiiif to Sir .Inlian I'anncctotc, .Jnni! 4, IS'KI. .Julian I'aiiiic«'fott> to Mr. Mlainc, .Jiino ti, 181MI. .Julian I'anncL'fotc to Mr. Mlaino, extract from telograni from the Marquis received .Jiiiu) I), l^'.ld. . Blaine to Sir .Jiilian I'aiinrnfote, .June U, IHJO. Julian raniicefote to Mr. HIaine, .Iiiiio II, 16W). Julian Pauneefoto to Mr. Mlaiuo with an inclosiire, Juno II, 1S;I0. .Jnliau Paiincefote to .Mr. HIaine, .June -^7, IHlHt. Hlainc to Sir .Julian I'iiiincefote. with iiiait, Juno '<\0, lb9t) .Julian raniicefote to Mr. HIaine, with an inclosiiro, Jiiue 30, I'^'JO. .Julian ranncetote to Mr. HIaine, .June :<(•, Id'.Mi. Hlainc to Sir .Julian riiiincet'ote. .July -2. 1^'JO. Hlaiue to Sir Julian I'auncufotc, July U», I'i'JO, No. 1. Mr. Edwardes to Mr. Blaine. Bau Harbor, Aiigust 24, 1889. Sir : III accordance with instruction.s which I have received from Her -Majesty's Principal Secretary of Sttite for Foreign Ati'airs, I have the honor to state to you tliat repeated rumors liave of late reached Her Maj^^sty's* Government that United States cruisers have stopped, searclied, and even .seiz'Ml Britisli vessels in JJehring Sea outside of the 3-mile limit from the neaivst land. Although no otticial coniirmation of tliese rumors h;is reached Her Majesty's Government there appears to be no reason to doubt their authenticity. 1 am desired by the Manpiis of Salisbury to iiupiire whether the United States Governmenf are in possession of similar information, and further to ask tliat stringent instructions may be sent by the United States Government, at the earliest momeni, to their otUcers, with the view to prevent the possibility of such occurrences taking place. In continuation of my instructions I have the honor to remind you that Her Majesty's Government received \ery clear assurances histyetir from Mr. Bayard, at that time Secretary of State, that iieuding the dis- cussion of the general (piestions at issue no further interference should take place with British vessels in Behring Sea. SKAL riSUKKIF.S OF I]E:iI!IN(i SKA. 8 III coiicliiMioii, tlio Miirquis of Siilislmn (losiivs iiic to say lliiit Sir Julijui i'amuH'totc, Ih-r MaJcNty's Minister, will Itc i)n'i)artMl on his rrtiirii to Washiiiji'ttm in tlu' aiUmiin to (lisniss the whole (incstion, 41IhI Her Maii'st.v'.s (lovcniiiit'iit wish to point out to tlu- L'liitcd States (ioveriiiiK'iit that a settU'incnt can not but he himh'red bv iiiiy meas- ures of force whieh may be resorted to by tlic United States. 1 have, etc., U. (i. KnWARDES. No. i:. M>'. lUithic to Mr. KdicxrdeH. liAU IlARBOK, AlKjHst L't, 18.S!>. Sir: I have the honor to aeknowledjie tlu' reeeijjt of your communi- cation of this date, conveyiiij; to me the intelli^^tMice " that repeated rumors have of late reached Her .Majesty's (ioveriimeiit that United States cruisers have stopped, searched, and even seized British vessels in Jiehrinj; Sea outside the .'{-mile limit from the nearest land." ^Vnd you add that, "although no olticiial (!oiifirmatioii of these rumors has reached Her Majesty's (roverument, there appears to be no reason to doubt their authenticity." In reply I have the honor to state that the same rumors, j)robabIy based on truth, have reached the Government of the United States, but that up to this date there has been no otlicial communication received on the subject. It has been and is tlie earnest desire of the l*resident of the United States to have sucl: an adjustment as shall remove all possible <(round of misunderstanding' with Her Majesty's (Toveniment con<;eriiing the existing troubles in tlie Behving Sea ; and the I'resident believes that the responsibility for delay in the adjustment can not be properly charged to the Government of the United States. 1 beg you will express to the INlarquis of Salisbury the gratification with whicli the Government of the United States learns that Sir Julian Pauncefote, Her Majesty's minister, will be i)repared, on his leturn to Washington in tlie autumn, to discuss the whole question. It gives me pleasure to assure you that the Government of the United States will endeavor to be prei)ared for the discussion, and that in the oi>iiiion of the President, the points at issue between the two governments are capable of prompt adjustment on aba'^is entirely honorable to both. I have, etc., James G. Blaine. No. 3. Mr. J'.dicardes to Mr. Blaine. P.AR Hari^or, A!///i<.vf 25, 1SS9. Sir: 1 had the honor to receive yesterday your note in which you have been good enough to inform me, with respect to the repeated ru- mors which have of late reached Her j\Iajesty's Government of the search and seizure of British vessels m liehring Sea by United States cruisers, that the same rumors, probably based on truth, have reached I** 4 SKAL riSllKIMKS (»F IMlllKINci SKA. the rmti'd Slalt's (lovcniniciit, Imt tlmt up to tins datr llicrt' lias been no oilicial ('(uiiiiiiiMicatiuii ici'civcd on tlir siilii«-ct. At the waiiie tiiiu* .von lniv<' done nie the honor to inform me ,hat it has hecn and is the earnest dcsiic of the I'resideiit ol' \Uv I nitcd Slates to ha\e sncli an adjnsfnicnt as shall icniovc all possible /j^khumI oT mis nndei'standiny with Her Majesty's (}ov«'innient eoneerninj' the exislin;;' tronhh's in the {'.cluing Sea; anared on his return to W ashinj;ton in the autumn to disf Her iMajestys (iovt'inment, who, while awaiting an answer to the otliei' in- (piiry I had the honor to make to yon, will, I feel eontident, leeeive with mneh satisfaction the assuraiu-es which yon have been f>'ood enough to make to me in your note of yesterday's date. I ha ye, etc.. H. G. EinvAiiDES. ^'o. 1. Mr. TJdivardes to Mr. Blaine. Washington, September 12, 1881). My I>EAK Mi:. ISlatnk: I should be very much oblij^ed if yon would kindly let me know when I may expect an answer to the re(pu'st of Her ]\Iajesty's Government, which I had the honor of (iomtnunicating' toyou in my note of the 24th of Anj;nst, that instructions may be sent to Alaska to i)revent the jxtssibility of the seizure of Uritish ships in Ik'hrinj;' Sea. Her Majesty's (iovernment are earnestly awaiting the reply of the United States Government on this subject, as the recent reports of seizures havinji' taken place are causing" much excitement both in England and in Canada. J remain, etc., H. G. Edavakbes. !No. o. Mr. Blaine to Mr. Edtcardes. Baii Harbor, Septemher 14, 1889. Sii;: I have the homir to acknowledge the receipt of your personal note of the 12th instant, yvritten at ^Vashington, in which you desire to know when you may expect an answer to the request of Her Majesty's Government, "that instructions may be sent to Alaska to prevent the possibility of the seizure of British ships in Behriug Sea." 81:AI. FlSllKlJllvs OF BKllUINQ SEA. O I liiiil sniipoMcd tlijif my lutto (»f' Anunst LM would siitisls Ilci' Miij- cst.v'.s iicsr, up<»n the -Ith of Aii;;nst, would have failed to roiich those wateis before the proposed departure of the vessels of tiie Tnited States. I havi', etc., James (r. Blaine. Xo. G. IVie Marqiiifi of SdllsltKri/ to Mr. Ed onrdex. fLtfl lit llic DoimrtiiH'iit of Stut'- iiy ilr, iOu wariiis.) FoRKKiX OFFICK, Iktohcr 1', ISS!). SiK : At the time when the seizures of IJritish ships huntinfi' seals in Behring's Sea during the years 18S(i and 1SS7 were the subjects of dis- <'Ussion the minister of the ITnited States ma(h' certain overtures to ller Majesty's GovernnuMit with respect to the institution of acjlose time tor tlie seal lisliery, for the ]>nri)ose of i>reveiitinj; the e.vtirpation art- ment and the coh)nial otlice on tlie subject of the seizure of the Cana- dian vessels Black Diamond and Trivuqth in the Behring's Sea by the United States revenue cutter linsh. 1 have now received aiul transmit herewith a copy of a disi)atch from the ^overnor-greneral of Canada to the secretary of state for the colonies, which incloses copies of the instructions given to the special otlicer placed on board the Black Diamond by the oflicer ayard diont, 1~>'.I. On a report dated the i:Uh of An<;nst, 18"«,), from tiie minister of marine and fisherieH, snl)mittin}rjii reference to tln^ seizure in I iie Behriiij,' sea of the schooner /.'/acA; y>ii(wioH(f and the hoardino- of tlie schooner 'Iriuwjih, the orij^inal instructions •>iven to the spe- cial officer placed hy the captain of the United States revenue cutter A' i/.s/( on hoard the niack Diamond at the tinu! of the latter's seizure, and aim) a letter fron- the honora))le Mr. W. Hainley, collector of customs at \'ictoria. British Columbia, togctiier with th» followiiijjf atttdavits : 1, Affidavit of Owen Thomas, of Victoria, Krilish Columl>ia, master of the British sealinjj schooner Black Diamond. •1. Affidavit of Daniel McLean, of Victoria. British Columbia, master of the British, sealing schooner Triumph. The minister recommends that co|)ies of the inclosures herewith 1)e immediately forwarded for the information of Her Majesty's (Jovernnient. The conunittee concurring advi.se that your excellemjy be moved to forward tliis minute, together with copies of the inclosures, to the right honorable the secretary of state for the coloiues. All of which is respectfully submitted. John J. McGke, Clerk I'riry Council. [Iiii'losurc -1.) Capi((in Shrjiard to Mr. Hanlcanson. U. S. Kkvkni.e Stkamku Risk. Behuing Sea, Latitude :^ii- i-i' X., lonijitude 170- 'ir.' /("., Juhj 11, L-rf'J. Sii! : Vou are hereby appointed a special officer, and directed to proceed on board the schooner Black Diamond, of V^ictoria, British Columbia, this day seizeil for Aiola- tioii of law (Section I9r)(i, Hevised Statutes of the United States), and assume charge nf the said vesstd, her officers and crew, twenty-five in numlier, ail told, excepting the navigation of the vessel, \vhich is reserved to Ca))t. ort of destination, in which even*' yon are nntliorized to as- sume full charge of the vessel. Everything being in readiness, you will direct Cajit. Owen Thomas to mak ■ the best of his way lo Sitka. Alaska, and upon ar lival at that port you will re]>()rt in person to the I'nited States district attorney for the district of Alasi-a, auu deliver to him the letter so addressed, the schoonei- Black Diamond, of Vicairia, British Columbia, her onttit, and the persons of Cajit. Owen Thomas and Mau/ Ah xander (ialt, and set her crew at lil)erty. After being relieved of the proper< y and persons entrusted to your care, yon will await at Sitlvit the arrival of the /.'hs/i. Very respectfully, etc , L. G. Shepard, Captain V. S. Rercnue Steam ir l{ii. the Mhiister of Customs. CUSTOM-HOUSK, rirtoria, AiKjiiat'y, l-'CJ. Sik: I f'lirwiird liorowith. in orisiiml, tlio onliTs nivcii l)y Captfiiii Shcjmnl, (if t\\^ llnitfd Sriiics rcvciHKi (Milter Ruth, to J. Iliiiikinison, ,s])ecial otHcer, to ]'i(>ceo(l on Loiird tlic British scliooucr lUark Dimiiond, seized in Ucdirinj^ .Sea, and to take her to Sitkii. The master of I he Hciioouej-reiiorlH to me tliat tlie Indians employed aslmnters iu the sehooner would, he helieves, hiive mnr(h're(l Ilankanson if an attemi)t had been made to take her to Sitka. The master j;ot ont (d' the .sea. and sailed at once for Victoria withont any oi»i(ositioii on tlie paiT (d' Ilankanson, and 1 tliink it i.s very prohahio that the orders ;;iven liini privately by I lie Ciiittain of the llnalt were not to interfere in any wiix wiili the destiinition of the vesscd. She aiTive(l lu'reiin Satnrday eveiiinj;', thelJd of An;.;nst. The ohjeet of tiie revenne cutter was no donlit attained in taking- lier skins, rilles, and Indian spearn away and .sending; the vessel out of ItehriiiH; Seii. Her certilicate of re}j;istry was also taken away. Shnll I give her a fresh certificate ? I have, etc., \V. Hamlky. ITiicloaiiro (i. i Dedaralioti of Out n Thomas, * In the matter of tlie xeiznrc of the senVniii sohoouer lUack Diuininid liii the United States rercinte cutter Richard Rush on tlie 11/// ddif of Jiiljj, ln^id. I, Owen Thomas, of the city of Victoria, British Colnmbia, master mariner, do solemnly and sineer(dy detdare that: 1. 1 am a master mariner and was, at the time of the occurrences hereinafter ineu- tioiied and still am. the master of the schooner Black Diamond, of the port of Victo- ria, British Colnml)ia. 'J. On the lull day of July, 1S81), whilst I was on hoard and in comman of the said .schooner, and she lieiiij;' then on a sealin"'- ex))editiou, and being in latitude otP 22' north, and longitude 170- 'io' west, and at a distance of aliont :}"> miles from land, the I'nited States revenue cutter Richard Rush overlianled the said schooner, and having liailed her by shouting a command which 1 could not distinctly bear, steamed across the bow.s of said s(diooner, com[)elling lier to come to. A boat was then lowered from the said cutter and Lieutenant Tnttle and five other men froia the United States ves- sel came aboard tlie said schooner. I asked the lieutenant what he wanted, and on bis stating he wished to see tlio8hi]>"8 papers, I took him dovvn to my cabin and slnjwed them to him. He then commanded me to baud the papers over to biiu: this I refused to 'lo and locked them up in my locker. At this time tluu'e were 1151 seal-skins aboard the schooner, 76 of which had been salted and ").'> of which were unsalted, and LienttMiant Tattle ordered his men to Ijring up the skins and to take the salted ones on board the Richard Ruth. The cutter's men accordingly transferred all of the salted skins from my schooner to the Richard Rush and also took aboard the cutter two sacks of salt and a rille belongiug to the .•ichooiKM- Lieutenant Tnttle then agaiu demanded me to give up the ship's pa)>crs and told me that if I would not give them up be would take them by force. As I still declimul to part with them he signaled to the cutter and a boat eame otf with the master-at-arms, who came on board the s(diooner. Lieutenant Tuttle asked me for the keys of tin; lockei', so that lie might get the ]>apers, and upon my refusing to give them to liim he or(ba-ed the master-at-arms to force open the locker. The master- at-arms then unscrewed the hinges (d' the locker, took out the ship's papers, and banded them to Lieutenant Tuttle. Lienfenaiit Tutth? tlien returued to the Richard Rush and came back to the schooner again, bringing on lioard witii him one wliose name I have since lieard to b(> .lolin Hawkinson and who 1 believe to bi> a (i[uarter- inaster of the Richard IIiikIi. Lieutenant Tuttle then told me to take the s(diooiier to Sitka. I told him that I would ne taken on to the Richard Rush. I asked the lieutenant to give me a receipt for the pap(!rs, skins, etc., be had t.-iken : this he refused to do, and he then returned to the Richard Hush, taking th(! said spears with bim pIv SEAL FISHERIES OF HEHRING SEA. 9 and loavinjj tho man Jlawkiuson in chaii'i', f)f tlio sclioonor : sliorily aficrwunls The ciittor stt'anii'd away wirhmit rctuininu tlit; ship's paiii-rs, sea! slvins. and otlur y;(iuds licjori; nicntioned. Af'tiT tilt! (U'liaitnic of tli'- I'liitcd Slates vessel, I diroctod my ('(inrsc to Ouna- JasUa, liojiiiiK to meet witli an Kn^lisii nian-oCwar. Wr arrived there on the l.")tli of July. My crew at this tune eonsistid of a nuite, AlexanchTtiiinll, two white scanieu, (leek hands, and a white cooU and twenty Indians. The Indians, thinkiny; we were fioinj; to Sitka, heeanie nmtinous, and told nie the hest thini; I eonld do to avoid i ronljle was to take the seliooner lioine; they also warned the other white men on hoanl that if they thonj;ht 1 meant to take the schooner to Sitka they wonld throw ns all overlioard. There lie in j;; no man-of-war at i »iiiiiilaska, I lelr there and direeted my conrse ro A'ietoria, and arrived at that iiort at aliont 7 ]>. m. on Satnrday, the :!(i of Angnst last, having on hoard the said Jidiu Hawkinson, who dnvini; the ernise To Vietori.a liad not tried to ^ive me any diri'ctions or made any sn;;<;est ions as to the eo.irsf to In- laken hy the schooner. On ariival at Victoria, Hawkinson was pnt on shon- by one of my boats. Ami I make this solenm declaration, conseientionsly hclievinij; the same to he Trru.-, raid by virtne of the oaths ordinance L-fJU. Owi:n TitoMAS. Declared at the city of Victoria, liritish Columbia, the T'li day of Aii,i;nst. l--',i, lie- lore me, Eknust V. lioinviu.L, .( Xotiir;/ I'lihlir for the I'rurtnrc of RvilUh f'uhimhhi. [Inclosur«> 7.] Afiidarit <>f Daniel McLean. liritish Columbia. 1, Daniel M'Lean, of the city of Victoria, in tIic iirovin:e of Dominion of Canada, beinn duly sworn, dcjiose ;is follows: That I am master and part owner of the liritish schooner 7V("m/^/(, nuistered at the ]iort of Victoria, liritish Colnmiiia; that in conformity with the laws ot the Dominion of Canada I regularly ilearcd the saitl schooner Trinwjth lor a vo^ aj^e to the North Pacific Ocean and Hehriii;;' Sea. and that in jinrsnance of my lef;itiiuate business did enter the said Hehrin north, loujfitiule 171- 'i'i' west, on the 11th day of .July. Iddl), at the hour of ^:.\() a. m., was hailed by coinmaiHler of the United States revenne cntt(?r RUhurd Uwili, the said revenue cutter bei"g a vessel belongiiij'' to the (lovernineiit of the I'niftMl St.itcs and rejriilarly commissioned by tile same ; a boat having- been lowered by olScer and crew. I was boarded by the same. The otilicer iu charge of the boat l)eing one Lieutenant Tattle, who demanded the oflicial papers of my vessel, and after reading the same proceeded to search my vessel for seals, and finding !io evidence of the same, informed me that orders had been issiu^d by the Seeretarj- of tlic Tnited States under the jtroclamation of the President, in- S' meting the commanding oflicer of the said revenue cutter Rnnh to seize all vessels found sealing in Behring Sea ; he also told me that should he again board me and lind seal skins on board he would seize and couliscate the vessel and catch; he further- more informed iiit; that he had alrtiady seized the British schooner llUicl Diamond, of ^'ictoria. Briti.sh Columbia, .•■nd that she had lieeu sent to Sitka, and that therefore, by reason of his threats and menaces, I was eaiise. Daniel M'Lean, Maxtor of ndiooncr Triumph. Sworn before me thii dth August, 188'.), at Victoria. British Columbia. G. MoiiKisoN, J. P., A .Iiistice of the Praeefor tlie Prorinee of /Irilish Cohimhia. 10 SEAL riSIIEUlES OF BEHiaXU SEA. !No. 8. Mr. IJdicardes to Mr. JlJalne. J'lUTISII LK(iATI()N, W((.slii>i(/to/i, (Moher U, 1889. ]\Iy Deaij ^IVv. Blaine : When T liiul the honor to read to you on Satunhiy, the iL'tli instant, two dispaU'hes addressed to nie by the jM-ir(|iiis of Salisbury on tlie subject of the seizures of British seaU^'s in Behring Sea, you inquired of ine when I reached the passage which runs as i'ollows, '-Mi'. Bayar«l did indeed conununicate to us, iinoHi- cially, an assurance that no further seizures of this cluiraeter shouhl take i)hice pending tlie discussion of the (]uestious iuvolved between the two doveruiuents," if I couhl tell yoivin what way this assurance was unoflicially coujiuunicated to Tier Majesty's Government. I replied that I believed it had been so conununicated in a letter addressed by Mr. Bayard to Sir Lionel West, and that that letter would be found in the ])rinted correspondence on the subject which was laid before Con- gress this year. I have sHice learnt that the assurance which Lord Salisbury had in mind when writing the dispatch 1 read was not that to which 1 referregnition of the right held and exercised first by Kussia and subsefpiently by this Government. It has also been the recognition of a fact now held beyond denial or doubt that tin? taking of seals in the open sea rapidly leads to their extinction. This is not only the well known opinion of exi)erts, l»<)th liritish and Amer- ican, based upon i)rolonged observation and investigation, hut the fact had also beei. demonstrated in a wide sense by the well-nigh total de- struction of all seal llsheries except the one in the Belaing Sea, which the Government of the United States is now striving to preserve, not altogether for the use of the American people but for the use of the world at large. The killing of seals in the open sea involves the destru(ttion of the female in common with the male. The slaughter of the female seal is reckoned as an immediat<' loss of three seals, besides the future loss of the whole number which the bearing seal may produce in the suc(;essive years of life. The destruction which results from killing seals in the open sea i»roceetls, therefore, by a ratio which constantly and rapidly increases, and insures the total extermination of the species within a very brief period. It has thus become known that the only i)roper time for the slaughter of seals is at the season when they betake themselves to the land, because the land is the only place where the necessary dis- crimination can be made as to the age and sex ot the seal. It would seem, then, by fair reasoning, that nations not possessing the territory ui)on which seals can increase their numbers by natural growth, and thus afford an annual supply of skins for the use of mankind, sliould refrain from the slaughter in open sea where the destruction of the, species is sure arid swift. After the acquisition of Alaska the Government of the United States, through competent agents working under the direction of the best ex- perts, gave careful attention to the improvement of the seal hsheries. Proceeding by a close obedience to the laws of nature, and rigidly limit- ing the number to be annually slaughtered, the Government succeeded in inci ing the total number of seals and adding coi-respondingly and largely to the value of the fisheries. In the course of a few years of intelligent and interesting experiment the iuiml)er that could be safely slaughtered was lixed at l()d,()(>() annually. The company to which the administration of the fisheries was intrusted by ir lease from this Gov- ernment has paid a rental of $oO,(HM) per annum, and in addition thereto $2.(52^ per skin for the total number taken. The skins were regularly transported to London to be dressed and j)repared for the markets of the world, and the business had grown so large that the earnings of 12 SEAL FLSHHIMKS OF HEIlRIXu SEA, :i 3Cii;;lisli laborers, since Aliiska was traiisferred to the United States, anidiintin tiie •i;ijirejiate to more than twelve niillions of (h)Ihirs. The entire Imsiiiess was then eomliieted iieaeiU'idly, htwfiiUy, and prolitably — ]»rotitably to the United States, ibr tiie rental wtis yielding' a moderate mtt-rest on the lar;^e snm whieh this Government had jtaid tor Alaska, incliidiiiu- the ri<;lits nowatissm'; ]»rotitab!y to the Alaskan Coiiipany, uhieli, nuder governmental direction ami restriction, had <:iven nnwearied pain.s to the care and development of the lisheries; ])ro(itai)ly to the Alents, who were receivin;:;- a fair pecmniary reward lot their labors, and were elevated from semisava};ery to civilization and to the enjoyment of si.'hools and clmrches i»rovided lor tlu'ir benefit by the (lovernmeiit of the I'nited Slates; and, last of all, i)rofitably to a hir per cent., it is easy to see how short a peiiod will be reiiuired to work the total dest'Miction of the fisheries. The ground upon which Her Majesty's Government justifies, or at least defends the course of tlu' Caiuidian vessels, rests upon the fact that they are coinmitiing their acts of destruction on the high seas, viz, more than 3 marine miles from the shore-line. It is doubtful whether fi .SKAl. FI«HKKIK.S OF MKllKlXf; SliA, la Her ^IllJost.v^sCrovorlmKMlt would abides by this nil*! if the attempt weie made to iiitertero witii the pearl tishenes of Ceylon, whieli extend more than lM) miles from the shon'-lin(^ and have been enjoyed l)y I'jiylaiid without molestation ever since tiu-ir acquisition. 80 well ie(!o^ni/cd is the British ownership of those lishcries, rej;ar(lless of the limit of the ;}-niile line, that Her .Majesty's Oovernmeni: feels authorized to sell the peail-hshinaratively easy to exi»lode dynamite or plant powder in sucdi manner as to kill vast (piantities of lish, and at the same time destroy countless numbers of ejigs. ^trins'ent laws have been necessary to prevent the takinjj; of iish l)y the use of dynamite in many of the rivers and lakes of the Cnited States. The same mode of lishing could readily be adopted with elfect on tlie more sliallow parts of the banks, bui the destruction of tish in i)ro])ortion to the catch, says a high authority, might be as great as ten thousand to one. Would Iler Aiajesty's Government think that so wi(;ked an act could iu)t be prevented and its i»erpetrators i>uinshed sim[»ly because it had been committed outside of the Simile line? Why are not the two cases ])aral lei? The Canadian v(»ssels ar« en- gaged in the taking of fur seal iu a manner that ecies. Jn exter- minating the species an article useful to mankind is ti>tally destroyed in ordei- that temi)orary and immoral gain may be ac^cjuiied by a few persons. By the employment of dynamite on the banks it is not prob- able that the total revent wrongs so odious ami so destructive? In the judgment of this Government the law of the sea is not law- lessness. Xor can the law of the sea and the liberty which it confers and wliich it i)rotects, be perverted to justify acts which are immoral in theuiselves, whiidi inevitably "end to results against the interests and against the welfare of mankind. One step l)eyond that which Iler Majesty's Government has taken in this contention, and i)iracy tinds its justification. The President does not conceive it possible that Her Majesty's Government could in fact be less indifferent to these evil results than is the Government of the United States. But he hopes tliat Her Majesty's Government will, after this frank expression of views, more readily comprehend the position of the Goverinuent of the United States touching thi:^ serious ([uestion. This Goverinuent has been ready to concede nnich in order to adjust all differences of view, and has, in the judgment of the President, already i)roi)osed a solu- tion not only equitable but generous. Thus far Her ^lajesty's Govern- ment has declined to accept the proposal of the United States. The President now awaits with deej) interest, not unmixed with solicitude, any proposition for reasonable adjustment which Her Majesty's Gov- 14 SEAL FISHERIES OF BEIIRINO SEA. 1^ ermiieut may siibiiiit. Tlit* foniible resistfince to which this (Jovcrii- ment in constrained in the Uchrinj,^ Sea is, in the Tresident's Jndjiinent, 4leinand«'d not onl^v l).v tlie necessity of defendinji- the traditional and h)nji-estaltlisl»ed rijihts of the I'nited .States, bnt also the riii'hts of f^ood ^fovernnient and of j^'ood morals the world over. In tins contention the (lovernment of the Tnited States has no oc casion and no desire to withdraw or modify the positions which it has at any time maintained against the claims of the lm|)erial (iovernment of Iv'nssia. The United States will not withhold from any nation the lirivilci-es which it demanded for itself when Alaska Nvas part of the Itussian Em[»ire. Kor is the Government of the United States disposed to exercise in those i»ossessions any less power or authority than it was willin^f to (!oncegestion made in the course of our interviews on the quet-tion of the seal fisheries in IJeliring's Sea, that it might expe- dite a settlement of the (jontroversy if the tripartite negotiation respect- ing the establishment of a close time for those fisheries which was com- menced in London in 1resentatives in 188*.): Ill fiiniifr yi'iM'H fiir-sealH were fonml in great nnmlKMs on various iHlands of tliH Soiitli Parilic Occiin, Init aftcra (■iitn]>ar.irivcl\ sliorr vcriml of iiulisiriiiiiiiatt' slaiiylitrr tlir KioktTiffl wort', (losrrtfd, tiic aiiiinal.s iiuviiin Uccii UiIIimI or iiri\t'ii fioiii tlicir baniits; so that now tlic only rxistin;; rnoki rifs an- tliosc in AlasUa, anotlirr in tIil- Ku.v-iuii jtart of lit-lirini^ Sfa, and a tiiird on I,oho8 Island, at tln^ month of .ht' river I'lat.- in (Sonth Anicrica. All f ht'siA rookoi'ics arc nndcr tin- proicction of their soveral iioveriunents, The hest estimate as to the munher of thcHc animals on the Alaska rookericM places it at aliont liOOd.OdO ; bnt ii marked diniinntion of the nnml)ers !-. noticed within the la^i two or tliree years, whicii is attrihnted hy the tistimony to the faet that nnan- thori/ed jiersons (lnrin<^ the summers of l-Hti, l-^-'T.aiid l--;"^ had fitted ont expeditions and (■rnised in Alaskan waters, and l>y the use of fire-arms destroyed hundreds of thousands of tliese animals without rciiard to a;;e or sex. The law prohiltits the killinj; of fur seals in the Ttn'rilory of Alaska or the waters thereof, exce))t by thti lessee id' the seal islands, and the lessee is permitted to kill «iiiiiiig the months of June, July, Scptcudier. and ( »etot>er only ; and is forliiddeii to kill any seal less than oiu> year old. m' an.\ t'emale seal, "or to kill siudi seals at i'Uy time l>y the use of fire-arms, or l)y any other means tending to drive the seals aw.'iy from tho.se islands." (Revised .statutes, section I'.ltid.) (iovernor Sinijison, of the Hudson lia\ L'omitanv. in his '" Overland .lournev Round the World," lf^4l-'42,i). ISO, says: •' Some twenty or tliirty years agu there was a most wasteful destruction of the seal, when yonnjj; and old, nnile and female, were indisi limiiiately knocked in the head. This imprudtuice, .'is any one mii;ht have expected, proved detrimental in two Wiiys. The race was almost extirpatcii. and the market was ^^Intted to siulia decree, at the rate for soum' time of •.HKl.nnil skins a year, that tlw' ]iriceadid not even pay the exiienses of carriatte. The Russians, however, have now adopted nearly the same plan which the Hudson Hay (.'omiiany )>ursues in recruitiui; my (dits exhaustcil dis- tricts, killint; only a limited numlier of sncii males as have attaiuiMl their full roduceil Il-J,(iii(l fur-seals. From 1 ?<()() to IH'2">, says the Eucyclopicdia Hritanniea. *' The { Jeoi-jjian Islands pro- duced 1, •20(1,(100 seals, ami the island of Desolation has been etpially productive." Over 1,0()0,0(»0 were taken from the island of .Mas-a-Fuera .and shippid to China m 17i).!'-".*lt. (Fanniun;'s " Voyages to the .Soiirh Sea." p. "JIK*. i In H-JO iind l-u, in his able report on the Sea Islamls, jmhlished hy the Interior l»epartmeut in H-t, says: "This gives a v<^ry fair idea of tlu^ uiauucr in whiidi the business was conducted iu the South Pacitic. How long would our sealing interests iu Pehring Sea withstand the attacks of .sixty vessels carrying from tw(Mify to thirty men each .' Not over two seasons. The fact that these great southern rooki-ries withstooil and i)aid for attacks of this extensive character during a i)eriod of more than twenty years spe.iks elo- quently of the millions upon millions that must have existed in the waters now almost th.'serted by them." Mr. II. H. Chape], of New Eoiidou, ('(Uin.. whose vessels had visited all the rook- eries of the South Pacilic, in his written statement before the Committee on Com- merce of the House T)f Representatives, said: "As showing the progress of this tradi; in fur-seal .skins, and tlie abuses of its prose- cution, resulting iu almost total annihilation of the animals in some localities, if is stated on good authority that, from ahout 1770 to Irtoo, K'er^iuolen Land, in the Indian Ocejin, yielded to the English traders over 1,000,000 .skills: but open coinp(ditioii swept o'tf the herds that resorted there, .and since the latter year hardly lOo per anunni 16 SKAL FI«Hi;i{lK.S i)F MHIIUINt; SKA, I could ln^ riI)t;iiiio(l nil jiIl iN loiiy; ooast. AffiTwanls, Miis-iI-Fiicra Island, iii'iir .liian J'i'i'iiiiiidc/, u:i-i \i>!', iioi) a yi'ar wcri- oht.iiiii'd : lnu as o very Kiir ilmt ili'- sii't'd was fi'i'i' to ;{ii mid kill, llir iisiial result. I'olliiwi'd — llic seals wore (ixtcniiin.ileil at thai island, mid .iNd at tlic (ialapa^^os j^roiip, near li,\'. " l''alklanil and Slid land Islands, and Sdiit li A iiicrican eoasts, near Cape lloni, emiirt next in «M'der: liei'e the stval were very ahnnd.int. It is slated that at tin- Sheilmidn alnne liiD.OiiK pel aiiimin ini;;lil havi' heeii ohtaiiied and the rnokeries preser\iil, it" taken under proper restrietioiis ; hut in tiie fa;i(^rne.ss of nieii they killed nhl and yoiin;;', inah' and leinale; little pups a few days nld, deprived of their mothers, die 1 liy thousands on the l)eatdies, earcasHns and hones strewed tin; shores, and this jiro- dnctivi! lishery was wlndly dt^stroyod. It is estimated that in the years iH-jl and \-^2'i no less that :Wi),li(M) of these animals were kiUiMl at the .Shet lands ahnie. An Ameri- can captain, deserihinn in alter years his sneeess there, says: ' We went the tirst year with one vess(d and yot I ,'JU(); the sec(Mid > far with I wn vessels, and olitained Ho.iiOil ; the third year with six vessels, ^^idtiii;; only l,7lMl — all there was left.' "A small rooki-ry is still preserved at the Lohos Islands, oil' the river l,a Plata; this, liL'inn carefnlls unaided iindei' strict rei^nlalions hy the liovernment of Hnenos Ayres, ami rented to proper partii's, yi(dds aliont ,'>,Ul)i> skins per annum. .\s late as the \i'ar I""."!, a small island, hardly a mile across, was discovereil l»y Americans in the .lapan Sea, where ahont ,')lt,O0l) seals resorted animally. Traders visited it. ami ill three years the cinh and knife lunl (deaiied them all o|f. Not litO a stnison can now be tonml there." Hon. ('. A. Williiiiiis of Comie(!t"i(Mit, who iiiliciited the wliiilin^' iiiid .sciiliiij; biisiiios.s iVom lii.s CiitlKU' aiid {iiiiiidfiitlicr, s])oakiiif«' of the sciil ill tli«' JSoiitli I'.u'iliti, ji'iivt; tlie following' tetstimoii^ befoit; tlic (Joujjics- "siouiil committee: The history of scaliug j;(»es l)a(dv to ahont 17i)0, and fioiii that to the early part of this century. In the earlier period of vtbich I speak thert; were no .seals known in the North I'acitlc Ocean. Their peculiar lianiit was the South Atlantic. They wen; cean. When tlie nnmlier of seals u\t those islai.ds were first broiij^bt to the notice of British merchants, they pnisned the biintinj; of these animals on the island of Desolation. rin! most aiitiieiilie authority \\v have about tbe matter is derived from rejiorts niiide by these voy,iy;(;rsa8 to ihe nmnbcrof seals taken from those places, and, altlion;;h they ar<' not entirely accurate, 1 think they are fully as accurate as could bee.Kiiected, (■(Misiderin^ the lajiseof time. On the island of Hesolation it isestiiiiatt'd that 1, •■2(11), 000 fur-seals were taken : from the island of Sonth Georgia a like iinmher wort' taken, and from the isLand of Mas-a-Fnera probably a j;'reatei' niiinlier were taken. As to the Saiidwichland the statistics are not clear, bnt there can be no doiil)t that over .")00, 000 seals were taki'ii from that locality, and in IS'JO the islands of .South Shetland, south of CajK^ Horn, were discovered, and from these islands :WO,UOU fur-seals were taken in two years. There were other localities from which seals were taken, bnt no others where thev were found in such laroe numbers. The cause of the extermination of seals in those localities was the indiscriminate character of tin' slauj;hter. S(mietimes as many as tiftet'ii vessels would be hanj^iuj;' around these islands awaitinj; opportunity to i;et their catch, and e\t!ry vessel would be uoverned by iiidivldnal interests. They would kill every thin<.;lhat came inthtdr way that fnrnisln d a skin, whether a cow, a bull, or a niiddie-,i;rown seal, leaviii^jtho youn|4' ])iips Just born to die from ne^ilect and starvatioi:. It was like takinj; a herd of cattle ami killing- all the bulls ami c()ws ami leaving; the calves. The extermina- tion was so ctniiplete in these localities that the trade was exhausted, and voyaj;e.- to those ])laces weie abandomul. About l^lil, nearly fifty ye.ars after the discovery of the Sonth Shetland Islands, when the occupation of Alaska by the cession of Uiissia to the I'liited States of the Hehrinji Sea was broiij;l\t about The CuAiKMAN. 1 want to interrupt yon to ask a (|nestiou (Ui that jioint. Were those rookeries in the South Seas iieviir under the protectorate of any {jovernnieut at all? 'fhe WiTNicss. Never. .1 •. jis ^oiiig to say that when the cession was made by Kussia to the United .juutes ot this territory, and the subject of the value of furscala, or the iiossible value, was broui;ht to mind, ])eoi)le who had been previously en- ga<;(Ml in that business revisited these sonthcin localities after a lapse of nearly fifty years, and no seals were found on the island of Descdatiou. These islands have been used as the breediuji;- place lor sea elei)hants, and that creature cannot be exteriui- uatedon that island, for the reason that certain beaches known as "'weather beaches" sr..M> Fisin:iar..s op uehuing ska. 17 :iif I lii'i'i). 'I'Ih' sea hrcjiks riidfly iiiioii rlicso licuchcB, iiiid it is imiHtssiMc to land ii)iiiii llii'in. 'rimro arc cJilTs, suiiii'tliiii;; iiJM' :ilMi to .'lOd rct^t. id n1 uii' ice, and tln^ .scii-«lr- |iliaiit liiids a Hat'c rcNort i>ii tlu-ic iMaciics, and slill prc-KfrvcM riiiiiii;li lite to iiiai^rilKi |iiu^iiil ield nnne or less seal. In tins period of lil'ty yuars in iheso localities seal life had remperaled to sncli an extent that thore was taken from tjn'ni in the sis years from l-Tn to l^7tl or l"^T7 perhaps 40,(iiM» .nkins. <,». After they had la-en ahandoned for lift y years .'—A. Yes; to-day th<'y aro iijiuiii iNhausted. 'I'iie last year's sear(di ol" vesseU in that rei^ion--! have tiie statistic- here if a vessel from Hlonin^ton from I he Sonth sjn tlanil Islands, lepoited in l"*'*, an'.• skins as the total result ol' scare h on those islands a nrotectniu anil restrictions, miy,ht have lieeu perpetuated as a lireetlinji phu:e loi' seals, yitddini; as meat ii nunilter per annum as numlief of liritish and .Vniericaii vessid.s, manned l)y e\|iert Indian seal hunters, liave fre(|uentc(l liehrinj;- Sea and destroyed iiuudredsof thousands of fur-seals liy shoo tin;:' them in the waUT, and seen ritii;- as many • >i I lie carcasses for their skins as t hey were able to tak'' on hoard. The i rstiniony of ! lie (jrovernment aj;ents shows thai of the nuniher r)f seals killed in the water not more than one in seven, on an avcrai;e. is secured, for the reason th;it a wounded seal \\ ill sink ill tile sea; so that for every tlnuisand seal-skins secured in this maniier 'iicrc is a diminution of seal life at these rookeries of i^t least 7,0cal dies for want of Hiisteiiance. l>uvinjj the season of ISH.') the number of coiitrahand seal-skins placed on the mar- ket was over 1:^,0(1(1 ; and in l-'r^b, •J.'.,OlMi; in l-^-^T. M-l.OOi*: and in l-'8-< the iiambcr of illicit skins secured bs' Hiitish cruisers was loss than 'ir),lMi(), which number would base lieoii hiffjely increased had not the seasiui been very stormy and boisterous. American citizens respected the law and the [uibliHlied notice of the Secretary of the rreasnry, and made no attempt to take -.cals. From tills it apjiears that, diiiinj;- the last three years, the iininber of <'oiitrabaiid sealskins jdaced on the market amounted to over '.t7,(M)(i, and which, according; to the testimony, destroyed nearly three-([narters of a million of fiir-seals, caiusin^ a loss of reveiino anioitntiiiij; to over S'2,lKiU,0OU, at the rate of tax and rental jiaid by the lessee of the seal islands. LIMITATION: THE LESSEE FORUIDDEN TO KITJ. ANY FEMALE SFAL. The following is an extract tVoin tho ollicial fcport to (Joiigrcss; The lessee is permitted to kill 1flO,(t(IO fur-seals on St. I'aiil and St. OtMir^'c Islands, anil no more, and is prohiluted from killiun any female seal or any seal less than one year old, and from killiiif:; any fiir-seal at any time except during the months of .Iiine, July, September, and Octidie'r, and from killiiii: such seals by the use of tire-arniH or other means tending;- to drive the seals from said islands, and from killing any seal in the water adjacent to said islands, or on the beaches, clil'ls, or rocks where they haul i\\> frwm the sea to remain. Farther extract from report : It is clear to your committee from the proid' submitted that to))iohibif .seal kiliinj; on the seal islaiids and permit the killiiij;- in Helirih;; Sea would be no protection ; for it is not on the islands where the dest ruction of seal life is threatened or seals are un- lawfully killed, but it is iii that part of Behring Sea lying between the eastern and H. Ex. 450 2 I' 18 sKAL risiiKi.'iKs or r.i.iiiMNO hi:a. wrstoiii liiuit« of AliiHka, as , and in liii'ir animal niinratioijH lo and from fin- iftlantU. Extract from rrpoil ol I-. N. iJii.vnitsUy, n{i-»Mit of the Ticusiiry in ISTO. to H(.ii. (Jcur.uv I,, r.oiilwcll. Si'civtaiy of tin- Tiviisiiry. It will be ohsi'i vcd that tliin ivport was made in 1^70, ln'foin any disputi' had arisiMi with the Canadian scalcns. Wlirn till- liciil IniH lifiMi driven actTlain ilislancf from thoMlioro a lialt in made, and a sciriini; of tlic j;anM? as to a;,'(', srx, ami mndition of tho fur iH flfci'tcd. 'riiix oiMMation rciinircs Ihc fxi'rci.so of a lilc lony; fx|ifrinnc, and is of tin* ntmont im- )iorlant:c, ah tlif killing of I'cmali's, wliicli arc easily miHtakcn for vonn;; malt's, even l),v llie natives, vnnld endan-er tlie |irniia;;;h, or what are thcv ; how do von classify tlicni .'—A. 'I'liev are hol-ldoodcd animals Ixirn on the land: they are not a lish. (/ And hcirn on the rnitcd Stales territory. iUc they f— A. Vcs : all those horn on the islands (tl St. I'anI and St. (Jcor^ne. (.{. That is ill United States territory ?— A. Vcs, sir. " Fisheries " is a misnomer all the wa\ tliroiiMh, and ahva%s was. 11. A. (Hidden, tin :ij.;('nt of tlie Tretisury DepartiiKMit, Wiis on the Pribyhtv Ishmds from Slay, 1881', to June, 188,>. In describing' before the ("onfiressioiial coiiiiintiee flic mode of killing seals by the les.see of the islands the followiii;,^ occurred: (}. Jiotliey kill ;iny females .'—A. They never kill females. I do not know of Init one or two instances in my cxiu'Vience where a tciiiah; seal was ever driven out with the crowd. i: .1 i! 1 Q. Do you hclieve seallife can he i»reservcd without (iovenunent protection over them .' — A. I do not, W. I>. Taylor, ;i Treasury iioent, was asked the same question as to the killiiif- of female seals,'and he said that "he had never known but one or two killed by the leesee on the islands, and they by accident." lie Wiis further asked as follows : Q. When they kill the seals in tho waters, ahoiit' what proi)ortion of them do they recovoj' .' — A. I (hi not hclieve more than one-fourth of tliem. Q. The others sink .'—A. They shoot them and they sink. Q. J lave yon ever noticed any wouuded ones that came ashore that have heen sliot ? — A. No, sir; I do not thinjc I did. The same witness testilied as follows : Q. Von do not think, theu, that the value of the seal lisheries and the seal rook- «'rieH could he picsei \ed under an open policy 't — A. No, sir; ] do not. I tliiuk if yoii open it they will he destroyed without (|iie.stio:i. Q. Do you think it necessary t<» protect the .seals in the Heaand down in their feed- ing grounds in the I'acilic, if possihlc, in order to ]>re.serve tlu'ir full value and the pcrjietuity of seal life ? Do you think they ouijht to he protected everywhere as well as on the rookeries.' — A. Ves, sir: L think they ought to he ))rotecte(l not alone on the rookeries hut on the waters td' the ISelirinn Sea. 1 do not think it is necessary to go outside of the liehiing Sc.'i, hecanse there is no eonsiderahle nnmher of them. Q. Are they so dispersed in the i'acilic that they would not he liahle to destruc- tion .'—A. Ves, sir; they are scattered very much, and no hunlt!rs do much hunting in the I'acilic, as 1 understand. Another reason why they should he |ii'oteeted h\ all the waters of the I'xdiring Sea is this: A large nninhcr of seals that arc on the islands of course eat a great many lish every twenty-four hours, ami the lish have hecome well aware of the fact that there are a good niany seal on the .seal islands, and they stay (mt a longer distance from the islands, and they do uot come near the shore. It heeoincs necessary for the seal themselves, the cows, to go a good distance into the sea in order to ohtain food, and it is tlier*! where most of the damage is donehy these vessels. They catch them while they are out. op I SKAL I'lMIKinivS OF l(i;ilK'l\({ SKA. 1!) q. Mil on till' indloM'ics tlit'v iio out iliiily t'nr IihiiI .'—A. 'Iln' ro\v«. no out i'v.t.v (lay I'or I'ooil. I'lic iMills do iiot i;ii: lliry sliiy ti(i tin- itliiiiil iill Milium. -r. 'riH'coWMKM ll» ami l'> mill'-* iiiid i-vrii I'lirllicr — I <|ii not know tin- iiviTajfr of if— anil llicy iirn uom^' ami rominK all tlii« niormiiH; ami fvi'iiiii'^, I'lic stMi is hliit'U sviMi tln-iii aimiiKl uiioiit the islamU, IftliiMf is a- liltlr lo^' uml tlii'V y;oi out li:iir a tiiilo troin slKito. \\r ciiii mitsrc a vi'Hsol — lOd yanh liVdi. i'lic m-ssi'U llminsclvcs lay around tin- inlands tin re where lliey pick up a ;;■ I many soal, and tlii'i-e is wh.Te tiie Uillinn (»!' rows (nrui's \vliei\ tiny no asliurc. I tliiiik this is worse tiiiin it would lie to take ■,'.">, (Hlii more si'al on the islands than iiro now taken. I think there is some ilam;iy;e done in the kill- ■iii; and shoot in;; of the cows, and leavin.;' so many yonny; without their mothers. i,». Is it your opiuii II that a lar;rer nmnlier ol' seals may he lakcn animally without iletriment to the rookeries.' — A. No, sir; I would not recoiiimrnd t hat, The time iiiiiy come, lint I t liink t hat om* year with another thev are takin;; all they oii;;hi to take, I'or this reason : 1 htdieve that tin- liLjiacity of tlio hull seal is limited, the same as any olliei' animal, and I have very rreiinently counted from thirty to thirty-live uml ovon, at one time, Ibrlytwo cows with one hull. I think if there wnre more liulls the. e would he hss cdWM to one hull, and in that way the incroase would he ;;reater than now. While the niimher (d" .seal in t he a;;;;reyate is not apparent l> diminished, and in I'aet there ii iindouhtedly an iiicrcjise, yet if ycni take any ;;reater nnmlierof seal than is talveii now, this ratio of cows to one hull would he ;;ieater, and for that re.ison there .vonld he a less nuinher of youn;^ seals, iindouhtedly. I Imdv upon i he l>r 'edinn of the seal as soinethiii;; like the hr ■edim^ of an\ other .iiiimal. and thai the same care and if stri<'lioii and .jiidjjmeiit should he ^^Kereised in this hreeiliii^-. Tlii^ .same witness tcstilied us follows: Q. What will heUieelVect niioii thesmil rookerioH if tliissurreiititions and iinl;iwl'iil killin;- in tin- Ihdiriiin' Sea is to he permitted .'—A. In my Jiid;;iiicnl it would e\cniii- all,\ exterminate the seal. Mr. (J. A. Williiims, of Connec'ticiit, before referroil to, tcstitieil as follows : (). I would like to know — I do not know that it is Just the ]iroper rime — hut I would like to ;;et the idea of those coinfisant with the haldts .lud nature of the seal as to what their opinion is upon the ellect ol' tln^ indiscrimin.ilt^ killiiiL;- of them while they are coming to and fioiiii; from the islands. —A. 'I'liat i.s .'i (|uestion whiidi I think most any of us here; can answer. If you note the I'onformation of the Aleutian Islands, which loriii a wall, and not*: tlu^ t?"P^ tliroui;li which tlie seals <^om(^ from the Pacilic < >cean seekinji this haunt on these islands, tiuit is the whole i>oiiit. When they come tliroiijih thesis various jtasses, jrenerallN' tlirou;;li the Oomnak Pass, the sea is reason- ahl.v shallow, and the cows come laden with pui>s, waiting; inlil the lust moment in the wiito!" to eo ashore to deliver, hcc.uise they can roll and scratch iiiid Indp them- selves hetter than if they haul out when lie;ivy with in! p. ,so they stay in the water playiiij;' ahont until their instinct warns them it is time to no ashore, and during that time they are massed in ^rcJit Mini.ntities in the sea. (^. .Now, ill that view of it, the destinction of tluMn there is almost practically the .same as the destruction of them on the islands? —A. Yes, sir. (•i. And the conditions are as hail? — A. Yes, sir; and often worse, for this reason: If you kill a luip you destro.v a siiigh! life, hut in killinj;- a cow you not onl.v destro.v the lift* that may he, hut the source from which life comes hereafter, and when they are killed there in the water h.v a shot-gun or a s])ear the proportion saved hy tbe hiintoi'8 is jirobahly not (me in seven. That was their own estimate: that out of eight shots the.v would save one seal and .seven were lost. If they Avere killetl on the land, those seven would go towards tilling out their 8cor(>. The same witness also testified as follows: Q. Have you instructed your agents to comjily strictly with the li-ws and regula- tions of the Treasury Department.' — A. In everv casi^ : yes. (i. Do you kill seals with lire-arms at the islands, or do you prohibit that.' — A. Xo, sir; never; it is not allowed hy the act. Q. Do you kill the female seals or allow them to be killed .' — A. Never with our knowledge. Q. Do you kill any. during the month of August for their skins? — A. Not a .seal; no. C}. Do you kill any seals under two years old ? — A. Not that we are aware of. The same witness further testified: Q. Now, I would like to have your opinion as to the insiiHiciency of tht! iiresent measures taken by the Governim 'it for the protection of the rookeries, and your opiniou as to whether any additioi. 1 safeguards are necessary for their protection. — 20 .SEAL FISHER IKS Ol' iiKllKlNG .SKA. i ! ^ A. Tliiit llu' prt'MMU iiiejisiiics arc soiiiiwli.it instirHriciit is sliowii by tlif fact tliaf for the last tlucf or lour vt'ars tlnTc Iiavo Imh'u increased deineilatioiis apiiiiaHy upon the rookeries. More seals are taUeu within the limits of the JJehriiu S.-a. For- merly seals were, only taken outside of liehriuji Sea, as they passed uji I'c I>ritish Co- luml'iia. and olf the mouth of J'uj-et Sound, in the watersof the I'acific Ocean. 'I'hat was a lejiltimate i>lace to take them, and one aijainst which no ohjeetioii could he raised, "seals \^hicll come i\]) that way enter thronjih the jjassajjes id' thi> Aleutian Islands nearest to the mainland, and it has always heen the custom in ]?ritish (,'o- lumhia ami (Uir Sound to intercept the seal anil yt't what they could. Within the last two or three years niarandt is have followed them thron^h the ))assanes into Heh- rhi}^ Sea, and have with jinns anil sjiears taken the seals as liu'y lay upon the water, as 1 stated before, waitinu.' to haul ashore and liavi' their jiups. The cows are heavy with i)nii. ami they do not like to j^o ashore nnlil the last moment, and so they lie there in the waterj and this allords an opportunity for t'.iese maraudeis to shoot and spear llitiu. This is done by nan-is of Imlians which they have 'J'hey hire <;aii>;s of Indians and take them witii ihtiii. The etfects of this shootinj; is noi alone ujiou the seals which are at that iioint, Imt also uixm tho.se all around, ami it startles them and raises a suspicion in their minds atid there is a ;;t'neral fe(din,ii of disturbance, such as you ncttice amon^- cattle when bears are about or somithin;; of that kind. And again : (^. Xow, Mr. Williams, should it be liually ascertained antl considered b.\ our Cov- eminent that under the treaty of cession by which we ac(|uircd Alaska from IJiissia, ami under the laws of nation's, the Fnite adhere to and maintain that Jurisdicti(m and dominion complete, or would it be wiser to declare it the lii^h sea in the lef;al sense .' — A. In the li.uht of to-day I should say, keep what you liaxc eot. Q. iloid it as a'closed sea .' — .V. Fisheries within thosi' limits are yet to be devel- o]ied. and it viuiid seem to iu' \ ery unwise to ojien up possible tish'jry contentions which ate very likely to aiise by such a course. (,». Vou think that it would be, then, the wiser policy, to maintain such Jurisdic- tion ami dominiou as we have, and to concedj' to the vessels (d' other nations such rights as are iu)t inconsistent with the interests whi( h our nation has there and whit h m'e. Vou do not thiidi it would be wise to grant anvthing else/ — A, No, sir; not at all. (}. And in no case to surrender the |)o\\er of policing the sea /—A. No, sir: under no eircumstances. (,). Could that iiower and ,iuiisdicti(Mi be surrendered and yet preserve this seal life on tlii'se rookeries and tin; value of our lislieries that may be develoi)ed there .' — A. Only with very great risk: because, if that right is surrendered, and thertd)y the right to ])oliee the sea, the depredatittns that :ire made upon the seal wlieievtM' they may be found, wherever men thought they could carry them out without being taken in the act would be carried out. So it would Vie difficult in regard to the lislieries. Wherever they could kill these seals they certainly would lie there, and it would be im))ossible to prevent them. In the .statenient.s and .statistics relative to the fur-seal fisheries, sub- iiiittt'd by ij. A. Williiinis, in IS.ss, to the Coiiiniittee of Conyress on Merchant JMarine and Fisheries, appears the follouino': Exiimination of the earliest recordsof the fur-seal lishery shows that from the date of nuin's recognition of the value ol the fur ihe i)ursnit of tlu! animal bearing it has been tim'easing and relentless. Sa\e in the few instances to be noted hereafter, where go\eruments have iiuorposed for the purpose of ]irotecting seal life, luiving in view hem tits to accrue in the future, the animal has been wantonly slaughtered, witli no ri gard for age. sex, or condition. The mature male, the feuuile hcav\ with young, the pup, difpcndent for life on the mother, each and iill ha\'e been indiscrim- inately killiMl or left to 'ie of want. This erutd and u 4eless butchery has resulted in complc!!' exteiiuination of the tiir-sial Irom localities uhicli were (juce Irequented by millions of the species; and, so far as these localities ai'e concerned, has obliter- ated an industry which a little more <'nligiitened seltishiK ss might have preserved in ])erpetuit,\ to the great benefit of all ranks ol' civilized sctciety. ' Xotliing less than stringent laws, with will power to enforce them against all vi(dators, can preserve for man's l>enelit the remnant ofti r.ace of animals ,so interesting and so useful. The most valiial)l<^ "rookery,"' or breeding place, of these animals ever known to. man is now in the pos.session of the L'nited States. How it has been eared for in former years and brought to its present state of value and nscfiilncss will he shown later on. ,1 H k i IBIi I li(> fact that- • iiiially upon ■X Sea. Vm- • r.ritisli Co- )cfaii. 'I'liat km could l)c tlit> Ali'iitian , Uritish ('u- Withiii tlie H'cs into Hi'li- 11 the water, iV8 arc lu'a\ y I s() llicy lie to slioot and V hire f-aiijiw I alone iipou startles them (listiuliauec, (hat kind. 1 l)\ our CoV" t'roiii liussia, alisoliito (lo- ild y(ni think nd doniiuiou L'nse .'—A. In to bo devel- y contentions lull Jiuistlic- iiations snch las tlieie and he sea wheie- o, sir ; not at o, sir: under rve this seal I] led there .' — d thciehy the \ lu'rcver they t hei?i;i- taken I the lisht^ries. il it would be ;lierie>s, siib- Joiioress ou from the date lii'ariiii; it has ted hereafter, life, liavinji in slaiijihtereil, le heavy with eeu indiseriin- has resulted ice iretiuented d, has obliler- (■ iircserved in linn' less than 1, can preserve ) tiseful. ?ver known to )d for in former liow n later ou.. SEAL FISilKUIE.S OF ISFIIRING .SKA. 21 Tint the matter of its iireservarlon and pcrpetuafinn intact is the impurtant ([uestion of the moment, and that this i|iiesriii|| miiy )„. considered intelli;;enrly the evidence is here i>resenled of the wanton destrnetion thai has befallen these animals when left unprotected by the law to man's y;rced and sidlisluKvss, which, it is fair to say, Ls all that (.ould be exiiected from the unlicensed hunter, whose nature seeks individ- ual and iinmi'diate ;;ain, with no re,i;ard for a future in wh'ch in* has iki assurance of )iersonal advaiitaji'e. The tbllowinji' .statistics are gathered from the Journals of early navigators, and siu h commercial records as are now a\ailalile are .-ubmitted : Kcnjiiilcn Latid. — An island iri sontlieru Indian < )ceaii, discovered about ITT'J, The chores of this island were teemiiiji \. itii fur-seal when il lirst became knov\n. 15etwe(>n llic dale of its discovery and the year X-^^fi* over l.'JOd.dOii seal skins were taken by the Ibitish vessels from the island, and seal life theieini was exteiniimileil. Croccth. — The Crozett Islands, in same ocean and not far distant, were also visited and hunted over and the seal life there totally exhausted. Mus-d- Ftinii. — An island in soulht^vu Tacitic Ocean, latitnde '.\S° 48' .south, longitude "^0 :M' west, came next in order rodnct in skins is .about l:i,0(iU. 'I'he skins are of rather inferior (luality. Insiifti- cicnt restrictions are placed upon the lessees in regard, to the number of skins per- initttMl to be taken aiinnally. consei|nently there is some waste of life; iievei-rlieless !lii> ineasiire of ludtection all'Aved, has insured the jireserviition of the rookery, and will continue so to do. {2} Komandorski Couplet, which cmisists of the islands of Copiier and Hehring, near the coast of Kaincbatka, ii. that iiin-tion of liehring Sea pertaining to Russia. These isl.ands yield about 40,001) skins per annum, of good ([iiality, an>l are guarded by carefully rcstricti\o rnhs as to the killing of seal, .'uialogous to the statutes of the rniled States ndative tc the same subject. The right to take seals upon them is leased by the Russian (iovernment to an association of American citixens. who also hold the lease of the islands belonging to the United States, and are tims enal)leil to <'oiitr(d ,111(1 direct the business in t'ur seal skins forthe common advantage and benetit of ;ill parties in interest. These islands can hardly be said to have been ''worked" at all for salted seal-sk ns prior to the cession of .Vl.aska by K'lissia to the United States, .and the United States (iovcriiineiit now iirolits by the industry to the extent of the duty of v!0 per cent, coilecred on the "dressed skins'" returned to this coentry from the London market. From 1~T:! to IS-^T, inclusive, this return has been I'JL'JT.'i skins. (:j) The Pribylov group consists of the islands of St. Paul and St. George, and is a Government reservation in that part of Beliring Sea ceded to the United St.ates by Russia, together witli and a part of Alaska. So exhaustive an ;icco".nt of these islands and their seal life has been given liy Mr. H. \V. Klliott. sjtecial agent of n SEAL FISHERIES OF BEHKING SEA. Treiisury Dopartim'ut in 1-^74, and since intiinatoly connectod with Mie Sinithsonian Institution, wliicii account liax Ix-cn made a part of Tenth Census rei)ort. tliat it '.vould hr intrusive lien; to attempt to sniiplement aujj;lit, and tlierefore only j^eucr- alizations hased on said rejiort and sucli statements of life and procedure on the islaiHls to-day are presented as may Im- pertinent in this connection. In an article on fur-seals, which appeared in Land and Water, Jtily 14, 1877, Mr. Jlenry Lee (Liigli.shnian), F. L. S., sa.y.s: It has heen stated that durinji a period of lifty years not less than 20,000 tons of 8ea-elei)liant's (»il, wortli \uon^ than £ 1,()ng ago as Irfli.'). JJr. D. U. McLityre, .superintendent of the seal isheries of Alaska for the lessees, testitied before the Congressional coinniitte' as follows: Q. \Vhat |Udportion of the seals shot in the water are reeovere i and tlu^ skins taken to market ? — A. I think not more than one-lifth of tllOS(^ shot are recovered. Many are badly wouiuled and escape. We lind every year embedded in blubber of animals killed upon the islands large f|uautities of bullets, shot, and buc'kshot. Fast year my mt;n brought to me as inuch as a double haiidful of lead found l)y them em- bediled in this way. » » # # » # » (,». I want to ask yi>u whether or not the three-year-(dd s«'als, or many of them, wliieh should have returned this year did not return liecause they had l)con killed .' — A. That seems to be the case. The ma..iuiliug was extensively carried on iu 1.-''^") and 18dt), and in previous ycais, and of course the i)ups that would have l)een born from cows that were killed in iH-.'i, or that ])erishi'd through the lo.ss (d' their mothers during that year, would ha\ e come uitoii the islands in IHrtH and we should have had thai additional number from which to make our selection this year. The deliciciicy this year is attributed to that c.-iuse— to the fact that the cow.s were killed. And I would say further that if co\ss are killed late in the season, mil in Auiinn:, after the pups are born, the hitter are i; ft ujioii the island deprived (d" tl;e mother's care, and of course i)eri«h. 'V\w. effect is the same whether tiie cows are killed before or after the pups are dropped. The young perish in either case. (j>. It being conceded that the islands are tli(>ir home, and no one being interested other than tlie American and Russian Goveinments, there would be no special reason why other nations would object ? — A. Only the Governments of the United States and England are interested in the Alask;iii seal lisheries to any great extent. The tJnited States is interested in it as a producer of raw material, and England as a mauufaci- SEAL FISlIERIt:S UF liEHKINl. SFA. 2S iircv of fiirs. If tlicso two nations wciv a^rt'Od tliiit seal life .slmnlil bf jiroti-ctcd, I rliink tben; would l)c no tronbli' in fnll.v i)roi('(.'iinj; it. It i« a iiui'.stiim of «|niic as ninch interest to Kn^dand as to tlie I'nitcd States, for siie lias a lar;;e nnuiliei of •^killed workmen and a larj^c anioimr of lapital cnj^ayjed in this industry. ri'ofessor Elliott, of tlie Smithsonian Instlt.iitioii, v,i!!> lias spent some time in scientilically cxaminino- the .seal islands and xhv h;;hits of the seal, thus describes the killino- power of the seal hnnter at sea: His i)nwer to destroy tlieni is also aii;;iiieuted l.y the fact that those seals wliieh are most liable to meet liis eye and ::iiii are the iennile fnr-seais, whieh, heavy with vonnn', are here slowly nearin^- the land, soundly sleepini^ at sea l>y iiitervajs, and ii'ji'.etanr to haul out from the eool embraee of the watrr upon tln-ir Itreedin^ ^inuinds until thai' day, and hour even, arrivi-s whieh limits the jx-riod of tln-ir ^fstation. The iielajj;i(! si'aler en)i)loys three a>;tMHMes with which to secure his ^|uarry, viz : lie sends out Indians with canoes from his vesstd. arniiMl with speais : he uses shot- jiiius and bncksliot, rilles and balls, and last. Iiut most deadly and destructive of all, he can spiead the "j;ill-nef' in t'avorable weather. With gill-nets "nnderrnn" by a tlect of .sealers in IJeliriiiy,- Sea, acros.s these eon- vern'ing paths of the fnr-s(%al, anywhere from in to KM) miles southerly from the I'riby- lov y,ronp, I am moderate in sayini^; that sueh a lleet could utterly ruin and destroy riiose fur-seal rookeries now i)resent upon the seal ishunls in less time than three or four short years. ICvery foot of that watery loadway .f fnr-seal rravid above indi- cated, if these men were not (dieeked, could and windd be ti:iversed In those deadly nets; and a seal eominjx from or noiny; to the isl.inds would have, nuder the water ami above it, scarcely one (diance iii ten. of saf(dy pi.ssiufi sue i a cordon. < >ptM! those waters of Uehriii;, .'-«ea^ to unchecked ))ela<.';ie sealiufi. then a llet>t of hun- dreds ol' ves.sels, steamers, ships, schooners, and what not, would iminediatelN ven- ture into them, bent npon the most; vigorous and iudiserinunate slaughter of these t'ur-seals: a few seasons of greediest lapiue, then nothing would lie lett of those won- derful and valuable interests of our (iovernment which are now so handsomely en - liodied on the seal islands; but which, if guarded and conserved as they are to-day, will last for an indelinitt! time to cduie as objects of the highest commercial good ai il \ alne to the world, and a:i subjects for the most fascinating Iiiologieal study. Shooting fnr-seals in the open waters of thesea or ocean with the )ieculiar shot ami bullet cartridges used involves an imine.ise waste of seal life. Kvery seal that is merely wounded, and evciii if mortally wounded at the moment of shooting, dives and swims away instantly, to perish at some point lar distant and to be ntiver again seen by its human enemies; it is ultimately destroyed, but it is lost, in so far as the hunters are concerned. If the seal is shot dead instantly, killed instantly, tiien it '•an be nicked up in most every ease: but not one seal in ten lired at by the most skillful marine hunters is so shot, and nearly every st-al in this ten will have been wounded, many of them fatally. The irregular tnml)ling of the water .ironml the ■>eal and the irregular heaving of the hunter's boat, both acting at the same moiueut entirely independent of each . It is Mr. Mclntyre's oiiini(ni that they have not only not increased, but have decreased.' — A. There has been a slight dimiuntion of seals, probably. ",•. To wnat do yon attribute that /—A. I think there have been more seals killed in the sea than ever before by marauders. I estimated that they secured :'ii.()(»i skins in 1~-T. and in order to sdmre that number of skins they would have had to kill half a million seals, while this company in taking 10(t,oi)u on shore destroyed only :>! seals. Those were killed by accident. Some times a young seal, or oue not intended to be killed, ]iops up his heatl and gets a blow unintentionally. :! in 1867 ,'— A, Yes, sir : in .securing 100, OtH) skins, while these marauders ("Jd not kill last year less than .jOO,tMHt. The logs of marauding schooners have fallen into my hands, and they liave convinced me that they do not secure more than one ami out of every ten that they mortally wound and kill, forthc' reason that the seals siuk verv (luicklV in the water. Allowing one out of ten, there would be :500,0no that thev 'would kill in getting :!0.0(>0 skins. Two hundred thou- sand of those killed would be females having -.'Od.OOn pinis on shore. Tho.se ])ups would ilie by reason of the death of their mothers, which added lo the:500, tOO, makes half a millilm destroyed, I am inclined to think, because the seals show they are not increasing, or rather that they are at a staiul-still, that more-than :i00,00o are killed bv marauders. Q. Vo'u are of the opinion, then, that the marauders are killing more seals than the 24 SEAL FISHERIES OF BEHRING SEA. Alaska Coimiicrciiil C()iiii)!iii.v .'—A. At loasl live or (six tiine« u.s iiiuny as tlie Alaska CoiniiKncial {'omiiaiiy arc killiiif;. Q. What will ]»' ilic ctVcct ifiiiDn! striiij^iMif nioasiiroH aro not taken to jirotect the seals Ity the Government ? — A. If more strinj^ent measures are not taken, it is onlv a (|Uesfi<')n ol'tinie when tiiese seals will be driven nitiinaU^ly to seek some other lionu- wli.'re they will not l>e molested. They will not coiitinu(! to lie harassed; and, if this maramlinf;- is continued, they will, in my oi)iniou, either be jfradnaily extermi- nated or will leave the islands permanently and Ir.nd at some other i)lae.\ They may ^o on the l^'ussiiin side. Q. Will marauding- increase if the(iovernment doesnottakc Rteps to prevent it .'— A. 1 think so. (.). I.s it praetieable to prevent it !—A. Yes, sir. If w(( did not allow these eheeky, ])ersisteut, insolent, liritisli Columbia seamen to yo there and defy Hie I'nited States and its authorities, it would very soon be stopped. When our revenue cutters seize the Jlrirish schooners, tlu' cajitains are very insolent and detnint, and claim that they have a stronj; uovernmfiit at their backs. lam now referring jiarticnlarly to ('ai>- taid Warner, Of the Dolpltiu. He ,sanl in 18H7. when cajitured, "We have ;iot a stron<> {.roveniment at our backs, and we will (iiilit you on this (|nestiou." '-Ver.v well," says Captai.i Sliei'hcrd, "I have got a strong' jiovernment at my back, and lam yoiiif;' to do iu\ duty. My j;overnment sends me to protect these sejil rookeries. ] am charged by This administration to enforce the bnv, and I will seize all inarantlers." -book of the Amid Dullii. which I captured. There was an entry in that btg-book tliat read as follows: '-Is- sued to-day to my boats, three linndred rounds of ammunition. At night they came iu with the ammunition all ex])emled, and one sealskin." Q. They had shot three hundred rounds of ammunition 1 — A. Yes, sir. Another entry 1 saw was: "Seven seals shot from the deck, but only secured one.'' All lost biiT one. Another entry; " It is \ery discouraging to issue; a large ijuantity of ani- munitiou to y(mr boats, and have so few seals returned. ' An entry was madi' in an- other jilace, wlu're he gave it as his opinion that he did not secure one seal-skin out of every lifty seals wounded and killed. Q. Have yon seen seal-skins upon the island that had been shot? — A. Very often. \Ve gather liandfuls of sliot every season. Q. Does that injure the market value of the skins? — A. Uiidonbted'y. Any hole is an injury to tin; skin. J-^stract from Mr. Tingle's report to the Treasury Department. I am now conviiired from what I gather, in (|uesliouiug the men belonging to capt- ured schooners and from reading tlie logs of the vessels, tliat not more than one seal in ten killed and mortally wounded is landed on the Ijoats ami .'ikinned; thus you will se(' the wanton destruction of seal life without any iteneftt whatever. I think :?0,il()() skins taken this year by the marauders is a low estiinatf; on this basis; ;100,000 fur-seals were kille(i to secure tliat number, or three times as many as the Alaska t'ommercial Coiiipany are allowed by law to kill. You can readilysee that this great slaughter of seals will, in a few years, make it imiiossible for l(J(t,000 skins to be taken on tlie islands liy the lessees. I earnestly hope more vigorous nufasures will bo adoiited by the Government in dealing with these destructive law-breakers. AVilliam (ravitt, an agent of tlie United States Treasury, gave tliis testimony. Q. I understand you ^t say— for instance, taking IHfS? or 18HS— that the ]i)(),00n seals taken ujion the islands, and tlie 40,(100 taken and killed in the water, if no greater amouiii was taken, that there would be no pereei>tible diminution in the number of seal : that by the natural increase the c(Mupaiiy might take 40,00(1 more than now, if it were not I'or the de])redations .' — A. I had in niiml an average between '25,000 killed iu IS^H and abou^ 40,000 in 18-^7. Q. What I want to know is this: Is it your o})inion that the number taken in the sea, when they are on the way from the islands to the feeding grounds, have a teud- eiicy to their habits, their conlidence, etc. .' — A. It would In; likely to do it. They are very easily frightened, and (he discharge of lire-arms has a tendency to frighten them away. By Mr. MAfDoxALD: <,». \o se.ils are killed by the company iu this way ?— A. No, sir; they are all killed on (he islands with < Inbs. g^^^mgg^ warn SEAL FISHERIES OF BEHUING SEA. 25 Jacob 11. ^Moultoii, an ajieiit of the (i()\onmient, testitit'd: Q. Do yoii tliiiik it osstMitiijl to the pit'servatioii of soul life to itiotcct ilio soal in the waters of Alaska, nml the Pacitic .' — \. Tlii-re is no doubt ahont it. Q. Tho herd foiilil lie ('xti-nuiiiatt'd without takiiij; them mion the ishuids .'— A They could be exteriuiiiated by a ■ most aniuuils. (}. Lawless hunters kill e\ erythin;.;' they liud, I believe, femaies or not .'—A. Yes. sir. Q. When ii female is nnrsinji' her younu and ^'oes out for food and is killed (M' wounded, that results also in llie dealii of her yonu^ .' — A. Yes, sir. As hei younu' does not ji'o into the water, it docs not do anythin<:; for some time, and . 'J'he seals are born uiion tlm-ic i>.laniis .' — A. Y(>s, sir; they come tlicre for tiiat )pariiose. They I'ome there expressly lo breed, because if they drop])C(l tliciryoune in the water the |)up would drow n. (j>. ]>o you think the value of ii)e seals jnstilies the p(dioy that the (Jovernmcnt ]iiirsues for their jjreservation and ])rotection .' — A. Yes, sir: I (h). (ji. And iindi'r a ri,ei, tes- tified, after tlie vessel was sei/ce. You estimate, then, that duriii;^ the season 40,00(1 skins were taken ' In killing I hem in the open sea they do not rcMover every seal they kill .' — A. No, sir : I do not think they do. In fact. I know they do not, jud^inn- from the auioui'* of shot and lead taken from the seals that .ire atteiwai'ds killed on St. I'aul lud St. Crcor.iie Islaud.s. Q. So that the destrrction of the seals in the open sea would be much in excess of the nunilxM- taken, jirobabiy ? — A. I have no very accurate information on whitdi to base ill! ojiinion, but 1 should judj;e that they lost from 40 to (iO ]>er cent, of them. I saw a uood many sln-t from the boats a* I was aj)p''()achin. From youi- observations have yon any r<'commcndatious or suj-iicstions to offer, the ado]>tion of which would lead '^o the better iireservatiiui of seal life in these waters than is now providcMl by la\\' .' — A. There is a dilferenee of opinion as lo the eoustrnc- tion of the law. I liiuily believe that the <;o\ernment should <'ilher ]>rolect the islands and water in the eastern half cf litdirine Sea nr throw up tlieir interest there. If the Behriny Sea is to be re,narded as oiien for vessels to <^o in and capture seals in the water, thev would be exterminaterl in a short time. il 2G SEAL FISHERIES OF HEIIKING SEA. No. 12. Sh' Julian rauncrfotc to Mr. Blaine. [Extrart.] liRiTisH Legation, Washington, J). C, March '.), 18n(». Dear Mr. Blaine: I have the pleasure to send you herewitli tlie iiuMiiDnuulnm pii-pared by Mr. Tiii)])er on the seal lishery question, to whieli he has ai)i)ontle(l a note by ^Ir. ]Ja\vson, an eminent Canadian oflicial. Believe me, etc., Julian Pauncefote. [Inclosure 1.] SYNOPSIS or KKPLV KJ MR. lil.AIXK's I.KTTEIl TO SIU JLT.IAN FAUNCKFOTE, OF MAliCII 1, iJ-itO. rape. Mr. Blaine's reference to indiscriniiuate slauj^liter — note in point "JD Kxtraordiuary productiveness of seals 2i> K'ooki'rics in South Facific witlilieltl extensive raids for years 2U None of I'acific lislieries ever eipialed those of the Prihylov <>roup "JO History of .South Shetland Islands, and wholesale destruction thereon 29 licKtrnction at Miis-a-Fnera 29 ('haiiel of ()i»iiiioii that l(i(),(iOU a year could have been taken from the Shetlands under proj)er restrictions 2!) Pups in thousands tound dead on beaches 2i) Incorrect statenu'Ut in re)>ort of the House of Representatives as to rookeries of the world 30 Russian inenioiandnni of July 2'), ISSH, enuineratinjr rcjokeries 'M Cape of (food Hope rookeries, and the protection of same 30 Destruction on these mokeries formerly — pla<;ue — revival of rookeries under reirulations. Seals shot— statement that I only in 7 is shot — contradicted by Canadian hunt- ers ;"" Jlr. Elliott on uuerring aim of Indian hunters .v^' Practice of hunters 3Q Statement of facts prior to and at time lease of islands to Alaska Commercial Con pauy (18Tti) — lessees permitted to take 100,000 a year 30 Slaujihter under Ixussian rule 30 Tabl(! showiiiji? catch ISlT-'tU) 31 Undiminished condition of islands, 1808, though (>, 000,000 taken 1841-70 31 50.000 seals killed on the island of St. George in 18(i8 31 150,000 killed on the island of St. Paul during the same year 32 General onslaught— 300,000 killed in 1800 32 Not withstanding the al)ove destrnction, 100,(100 a year might, Mr. Bontwell stated, lie killed with jjrotection in and around the islands 32 Mr. Dall of same oiunion in 1^70 ^1(H),()(J0 a year may safely be killed) 3'^ Tenure of Icasealluwed 100,000 ayear— an,\ male sc'al of one year or over- -natives to kill ])U))s for food 32 Oi)ini(in olConniiittee of House of Representatives that seals require protection during migration, ;ind i'or 50 miles southeast of rookeries whilst searching for food, whif'h ditfei's from Mr. Blaine's proposition 32 Mr. Gliddcn's testimony — merely his opinions, not based on practical knowledge 32 Mr. Taylor's testimony 32 On islands in 1881 — as to seals' intelligence anC0. •^9 •J9 29 •29 29 29 30 :iO :30 :5(> :iO :u :]1 ;{l :J2 32 :\2 :52 32 32 32 32 32 33 33 33 Mr. Mcliitvrp, (iovcrnintiit ajionr, al'rtrwanls a suiiinintciKli'iit of tlio (•tiiiii)aii,v. Tliinkfs oiic-tit'tli only otnoals sliot are iMieovcrtMl — t'dniiil scalis witli sliot — attrilmtes (l(>tici(Micy of seals in IS^.S to the fact that rows were killed — at- tempts to rediieo estimate, as to mimher, of Elliott and Dall by one-iialf— larj-'e de,ereaso in 1887, ISSi — decrease siiiee lSrt2. espeeially Hiuce 1H,"<| — considerable i)ereentaij;e of killed made up cf nriles— ■lO,(Mi(r.skins in H-Ci and 18f^7 taken in IJehrin^' Sea — this niei< \\ a surmise — 80 or '.hi ])cr cent, of revious writiiiju-s — his statement reijardin;^ loss of wounded seals contradicte of Representatives commitlee and Mr. Hlaiue as to •when injury began to islands — 18.~() or 1885 Important to show how insigniticaut catch of Canadian sealers compared with dciiredations sncccssfully survived by islands Depredations on islands and catch outside islands, l"^7o 1872 1874 1875 187ti 1877 lp«78 1879 18-^0 1H81 18^2 1>83 1884 1885 188(5 None of the depredations were committed hy Canadian sealers Mr. Blaine refers to increase and protitable ]>ursnit of industry down to 1886. . Present wine and condition cd" islands better than ever Coniparat . se oti'ers for lease of islands 1870-1890 Enormous rental and profits received by the United States from the islands.. . Receipts and expenses--§9,525,283 received by the United States in excess of purchase price of Alaska Va2(<. 31 ;;i,35 35, 3(1 '.d, 37 37 37 37 37 37 33 38 38 38 38 38 38 38 38 38 38 39 •^9 39 39 39 39 40 40 40 40 40 40 2.S SEAL FIS1IKK1J:8 of IJKIIKmG SEA. Mm vcloiiH incicaso ot'HCfiils in H])ito of doprodatioiis rofunod to 4n 1h;!», l,T'Jr-,0(M); 187 1, 4,T(MI.()0(i: IHSl, iiicrriiNin^f ; L-iHr), m, cliaiijjo, coiiiitlt'.s.s (umilnTs ; 1SH7, still mi tli(^ iiicrcami ; IHH"*, no (iliaii^f. ^Vitll total (if 1,7(1(1,(100 in 1-71, Liciiti'iiaiit Mayiiarcl of ojiinion ir^,()U() yoiitiK iiiiilc seals can lie sal'i'ly killfd aiumally 41 lictiit'iii'i' til Maynanl's and Jiryaiit's report as to lial»itH of seals siq ports Caiia- di;ni loiitenliou 41 C'an;idian ( io\ ernnicnt loiitends few females in calf over taken in sea 41 More l( males in a lierd tlian males 41 Canadian contention siipjiorted iiy following; facts: (1) Seals on ro(dceries still inereasinj; : i'-i) old Imlls ;;o into water at end of ritttinj;' season and do not reinrn to islands — dlark on males drivinj; otliers oil'; (;!) two-tliirds of males not ]>eriiutted to land at roolferies— occasional visits to land— yearliny,s arrive middle .Inly — in >n -breed injf male seals e(|nal breed in;; s(«als (l,r)()O,()0O) — liacli- eiors not lonu on slioie — fcnniles do not I'cimI nntil yonn;; no info water 41,42 P)Ullc ot'seals cDiilincd to island until ice snironnds islands 4'J \c\er ont nntil dciiaitiire (see Mr. Mclntyrii's rejiort, p. 48) 4'J I In lis prevent mothers taking to water 4'J l.'onkeries fnll to Jnly 'J.'), .-nnl it'maiii in linuts 4"^ Ao seals si(dc or ' on islands 41! Canadian contention snjipoited l)y report on Int<'rnati<)n;il Fishi'ries ICxliibi- tion (London, 1881!)— natnrc lias imposed a limit to tindi- destrnctinn 43 Mr. Elliott, in 1^74, ajjrees with the above contention — the (Mpiililjrinm of life rey;nlated 43 Seals <;et their lisli in North Pa ("i tic 43 Mr. McLi tyre's report as to habits of seals, H(i'.). 43 Seals take no food nntil their d"partnre from islands in Novend)er 44 The duty of (iovei'iiment to patrol islands— Mr. Tingle in H^^d asks for cotters to patrol islands — .Mr. Mornan reconuuends lannchi's — Mr. Wardman alludes to imidennacy ot' jirotcction to islands ... 44 Ml'. \\ illiaiiis |ioiiits out insnllicieucy of jnotection to islands 44 Mr. Taylor says, in 1881, the diHicultx- arises from the want of better protec- tion — Mr. Glidden a^rec^s 44, 4." Mr. Houtwell, Secretary of the Treasury, in 1870, conceived the duty of the Government was to elliciently jjiiard " in and around the islands" 4'), 4(1 The interests on 1>ehalf of a niono]ioly cause divori;'ent views respecting the lU'otectiiui of seals 4(1 Mr. hryant shows the value of the lea.se in conferring a monopoly — Mr. Moore ill list ra res this 4(i Wlicn the com])any took less than 10(1,000 seals it did .so because the market n', Hliiiiif's it'ttfrof Mmii'Ii 1, on llif .lil ptii:;!'. i.s an i'xtr:ict iVoni a rt'iiort to the Honsn ol' Kc|irf«i'ntiiiivcM, as lolluwis: •' In f'oiiiier yt-ars t'lir-Hcals wt-rc t'onnd in ;j;ri'at nuinbiTs nii various islanilM of tlu' South I'acilii: < iijoan, luit aCtiT a (■onij)arativnly short pciiod of indisciiniinate slaiii^ii- ttjr tilt! lookericH were dcscrtcil, tlit; aniinal.s havin<^ Ixa-n kilh'il or tlrivcn from their hauiitH.'' While it is ailiiiittt'd that indi.scriniinatf siaiifihters upon iIm- lookcri »,',>* ,uh nioHt iujnrions to the maintenance ol' seal life, ii is denied that in the uinlory of the fni' seal industry any instimee can lie found \vhen.> a rookerN has eser been destroyed, dejdeled, or I'Veii injni'ed liy the killing of seals a ' --eiionly. Mr. lOlliott, who is quoted by Mr. lUaiue, adiiiiiM t hat tlu' rookeries iu the .S(Mitli Pai.ilie withstood attacks of tho most exItMisivi; and ilestriK'livt.' ch.iraeter lor twenty years. wIhmi youn;;' and old males and females were indiserimiuately knocked on tho head upon their brcedinj;- jrrouuds; and Mr. Clark (II. U. Kej ort ;Wh;{. otitli T'ouj;., •id sess., p. HI) tells us that in b'-JO thirty vessels on tin- islands ( South Shetlands) took iu a few w('cUh 'Joll.doo skins, while iliousaiids weic killedand lost. In b-'-Jl and Ir-J'J :'>'i(»,(10,Oii(i \oiini; seals destroyed. Nmie of tiie.so islanils, h()we\i;r, weri^ ever fre(inented l>y the millions which have lieeu ibnnd oil the I'riliylov j;i(Uip for over twenty years. '•These islands eonstitnte the most valuable rookery or lireedin;; place ol' these animals ever known to man. (II. K. Keport 3^03, oOih (Joii^;.. pp.111, 11.'. Hon. C. A. Williams's written statement.)" I'rofeasor lOUiott (in his evid'Mice, p. ll'-J) mentions one jierson wiio, when with iiim at the islands, estimated the number at Iti.OiMi.ooii. The re[iortof the (Jon;;ressional ei)nimitt(,'e on the Alaska seal Ksberies states that indiscriminate slaughter iu the early [lart of the niueteenth century cau.sed a deser- tion of the rookeries, and it e;()es on to say that iu l"^vin and ld".'l lidOjOUU wt^ie taken iu an indiscriminate fashion at tue South Sbetlauds, and, at the end of the second year, the species had there bei^n ahnost exterminated. The Hon. C. A. Williams, whose evidence is ciled ami relied upon by Mr. lilaiue, supports this view (see p. Ill, 11. K. Keptu't Xo. 3.-^H;!, .Miili Cony;, i : but, as a matter of fact, while seals are admittedly not so plentiful iu South Slietlands as heretofore, owini; to wholesale destruction on the breeding grounds, so i)rolili(' are they that, in 167"J, S,0(M) skins of ''the choicest and richest ipiaiity were obtaim-d from these islands. In the next .season l.'),()()(} skins were taken tliere, and in 1"<74 Kt.oiii) .skins, and from l"iT(J to 18.";Uthe sealinn fleet. brouj>lit home il'J.7r)b fur-seal skins from the South Sliet- lands and th(^ vicinity of Cape Horn ami Terre del Fue;;o."' ( .\. Howard Clark, p. W-2, Commission of Fisheries, Fishery Industries United States, see. .'>, vol. ii, IfiriT.) In tliis ref^ard. it may here be noted that this extract refers only ro tlm catch of sealers wiiich lifted out at N'ew London, Conn., and does not emluace the operations of seal- ers from other countries. Mr. Clark ileseribes the manner iu which the seals at Mas-a-Fnera were attacked. At paj;e 407 of the article above cited he points out that between tlie years 171):; siud \r*A)7 .■«,r)00,000 seals were obtained from this island by Ihi^rlj.sh and xVmericau ves.sels, and in lS-24 the island was *' (dniost abandoned by the.se animals. "' .Mr. Clark also shows that in 17'.t7 there were only -J, 000,000 on the islands, and yet iu seven years more than 3,000,000 were carried from the islands to Canton, China. Mention is inadB, too, of fourteen sliip.s" crews on the i.slaud at one time killing seals. At page 40S mention is made of from twelve to fifteen crews ou shore at the same time (American and Knglisln, and that "there were constantly more or les.s^of shiiLs' crews stationed here Ibr thepurjio.se of taking fur-seals' skins'' —I'nmi [7'S.'> to b-i07. It is contended by the, Canadian (government that a reference to the history of this slaiid is entirely beside the contention on the |iarf of the l'uit"d States that it is neces.sary to keep sealing craft hundreds of juiles away from lookerit-.s in order to preserve the seal life on the breeding grounds. The cause of injury is the same iu ail the cases mmitioned, and Mr. Chapel, iu the appendix to Mr. Tlaine's letter, now under coiisiih'ratiou, at luige o well .says: "It is stated that .'it the Sbetlauds alone [which never ei|ualed the i)resont con- dition of the Pribylov group, mentioned by Hon. C. A. Williams, already (|Uoted] 100,000 per annum iuight have been olitaiued and the rookeries preserved if taken under proper restriction.^; but, iu the eagerness of men, old and young male and fiMiiaie seals wen; killed, and little jmps a few days old, dejuived of their mothers, died by thoii- sauds on the beaches— [it may here be observed that not a caseof dead pups was ever found on the i'ribylov group, so far as the reports on the islands show]— carcasses a. id bones strewed on the shores." :')0 SKAL FJSHKKIKS OK IIKIIIMNC; SKA. ^1 I TliiN rttiiiciiiciit, citcil III till' I'liitrd Stiitcs' t'fisi', is diicct aiil Iiniii y for llic Ciina- diaii ciiMti'iitiiiii. ]t illustrates tlin-c iiii|inrtaiit points: (1) Tliiit iiuliscriiiiiiiatc .shiii^'lifcr on the lircrdinjr y;i(iiiii(ls is inJiiriniiH and in tiino -iU'Htriictivf. ("Ji Tiial wlicii till- niallifis an- killed, tin- .vuuiik i>ii]im, dvinj; in coiisi'iincnco, aro I'ounil (III tiii^ island. (IS' 'Dial rcj^iilatiiins dftlit' iinnilM'r ti) lie Killed on the island, wiili earet'nl super- vision, will maintain the rookeries iiidependenlly of prohiliitinj^ sealin;.; in the wators. 'I'lie report of tile Ilinise (.•' U'epresonlati \ es states : ■• I'lie oiil\ existin;;ro(d;er!es are those in Alaska, another in the U'lissian part of Jirhrin;; Sea, and a third on Lohos Island, at the mouth id' thu river I'lute, in South Anieiica." The .statement is iiicorreet. Important omissions oeciir, sinee the ciises left out, vIhmi examined, show that, notwitlistandin;LC all of the extraordinary aiul indiscrim- inate Hlanjihter of i)iist years, it is jiosHilde, liy ciirefnl supervision of the rookeries ^iloiie, and of the seals while on land, to re\'ive, restore, and maintain Iiuniitive rooktjries. Quoting from an extract from ii iviissian memorandnm res]iectiiij;' the hiintiiijj; of HcaN, commnnicated by M. de Staid to tli(> Man|nis of Salislniry, and dated .Inly •,'.'), 1">8>, it IS foiiiid thai other rookeries are hy no means doscrt.od. 'I'he extruct reads as fidlowH : '■ llie places whert^ fur-seal Iiiinliiiii is carried on may he divided in t wo distinct ;;r()ii)is. 'i"ho lirsl i^rouji would comprise I'riliylov Islands, IJidiriiijf Sea, 11)0,000 killed in l-*'); Commander Isl;inds (liidiriii;; and Copper Islands, .l."),()00 ; Seal Isl- ands, Okhotsk Sea, -1,000) ; total, ll'.>,000. " 'I'lie second ;iron|), the sea near the coast of N'ictoria, tiO,000; Lobos Islands, Ifj. (1(1(1; islands nevr t^apc Horn and the South I'olar Sea, 10,000; islamls Itehuij^ing to .lai>aii, T, (Hill; Cajie of (iood Hope, "), 000: total, .'u.dOO." An important omission is the case of Cape of (iood Hope, in relereuce to wliicli the ( oniiiiittee (d' the House of ]{epreseiitatives, pre\ions to theii' report, had been in- lorined (see II. Iv*. K'eport '.Wf*',), .'>Oth Coiij;., *Jd sess., p. Ill) that from the i'upe oj' (iood Jlojii islands, uniler iirotc'tioii (»f the Cajto (Jovernmeiit, a yeai'lv (-miipiy of .'),000 to f^,iMM) skins is di>rived, ;ind that from .laiian, it \v;is stated, sometimes 15,000 aiul scmictimes .'),0(i(i a year are received. These islands are now rijjidly prot(!cted by tlie go\'ernmeiits of the countries to wliicdi they belonj;' ; but mdther ihxis the (Joverii- ment of tlie Cajic, (d'.Iaitan. nor of rrnjiuay, in case of the Lobos Islands, consider it necessary to demand the r(;striction of the |iiirsuit of seals in the open sea. I'nited States' vessels have visited the islands oil' the Cipi* of Good Hope from l."^00 to !"<;!;"), and have taken on some days .MH) to TOO skins, securing;' several thoiiHands of skins anniiMlly. In 18:10 ('ajdain (iiirdou L. Allyn, of (Jale's I''erry, Conn., men- tions lindin;^ a tlioiis;ind carcas.-es of seals at one id' the islands, the skins of which had been taken, lb; landed and tiiok seals in coiisideraldc* numbers. He was ayaiu age 7 of the ap\teiHlix now under review, the report of the Congressional committee on Alaska seal fisheries refers to testimony of United States Government agents regarding the number of seals shot and not secured, and a calculation is re- ferred to, to the ell'ect that one in every seven is alone secured by the hnnter who follows seals on the sea. The exi»erience of Canadian hnnlers is directly opposed to This theory, and shows that a loss of ti per centum is all that ever takt^s place, while Intlian hunters seldom lose one. Solemn (U'clarations to this effect have been made nnder the Canadian statute relating to extrajudicial oaths. Ill contirmation of this, reference may be had to Mr. II. W. Elliott, in the United States Fish Commissioner's report, vol. ii, sec. v, p. 4'5i>, where he says: "The Aleuts tire at the otter at LOOO yards range, and that when hit in the head nine times out of ten the shot is fatal." In the case of hunting tin; seals, the practice of the white hunters, all expert shots, is to paddle up to the seal while asleep in the water, shoot it in the head, and at once haul it into the boar ; while the Indians apprfiach it in a canoe and spear the seal, the head of the spear separating itself and lieiug attaci ed to a rope by ■which the seal is draggc'd into the canoe. Keference is made on page l of the ajipendix to Mr. Blaine's letter to the limita- tions in the lease of 1870. These conditions, it is contended, are most inconsistent with the present view of the United States regarding the danger to the preserva- tion of seal life. With respect to this the following facts should be carefully noted : (1) Up to 18li'i no law in Russia existed prohibiting or forbidding the killing of ,..^.-.>..:7Rj m SEAL FISHKRIKS OF MKIllMNO .SKA. ;u MiMils. iiimI ill tliiU .vf'iir iiii iMoiMTiitivi' l;i\v was iiioiiuil;,'iitt'(l. (Son K'iiM-,i)ii» memo. raiMliim, Mr. dc Stin"! ti> LukI S:ili,slitiry, •,'."> .Inly, !-'•«■*.) Ml Mcliityn!, ii H, nei.'il UKiMit of llu- Ti-fiisiiry Dcpiirtiiii-iit (FI. U. Kx. Doc. ;i(;, ll>t «'lm^^, -ill. HCHs., pa<{.! IS), rcconlH flu- catdi liikrii from tlu> J'riliylov l.sluiuU iiimIi'I' llh' Iiiissiiiii-Amcricaii comiiiiny iis rollnwH: /■/(/(/( sIidhiikj IIii iiiinihrr ()/ J'nr-yidls hiLiti hij Ihv UHs^.hiw^ mi SI. I'mil nr,il Si, llcon/v J'ihtHtlii I'i'iim Is'lT til IstiU. Niiiiilicr flo. IKS .Ml, H.-)0 r,.j .J.J-, 5(i', '."JO 44, iior. :iti. 4f;ii 1!!), H7:i 25, 4(IU :to, \m 1!;), 'J,")(i 10,700 L'.'t, '."JK ■-'0,811 18, (r!4 Hi, ii:i4 10, 440 i«,4rj 1.5,7:.! t), ."iHO ti, ."i!l() 8, «()'-' *i, 000 I84i; 1(1, ;i70 18-t;' U,'J4() lH4t U.U'Ji 1X4.-. i:j.o;i7 l."illi 1.-. 071'. 1847 17, 70J 1 «48 11. (),-,() I84!l •.>!, t.lii 18.-.() : (J, 770 18.M ' (i,.-,(|4 18:^2 ! 0,72w i8r.;i 1 is, 03.'. 18.'.4 2(), U(i l!^'>.' M, 585 1 8."ti 2;i, .•),')() 1 K.')? 2 1 , ( )8-J 18.'i8 HI, 81(1 Is'i'.l 22, 1100 18()0 ; 21.5!)u Total ill forty- I'odi' years 705,087 "Appnixiniative. IJeferriiij? to this talilc, Mr. Mcliityrc .says : " Tho II limber of seals oil 8t. Paul Islam! is variously cstiiiiated at from :i,O0O,i)00 to 4,u0lt,0(IO, iiielmliiifj all classes, and on St. (<«^)r,7,")1, and in 1837, t3,802.' From the most careful compulation I have been able to make, I am of the opinion that no more than 100,000— 7 .">, 000 on St. Paul and y.'),000 from 8t. George — can bo annually taken without iiiciiriing the risk of again diminishing the yearly ]>roduction, as we observe tht^ IJussians to have done in former years." See also Wick, chief of land service. Kussian-American tclegniph exi»edition, who rejiorted in 1808 on undiminished condition of the seal lisliery (II. II. Ex. Jioc. No. 177, 40th Cong., 2(1 sess.). Six million seals had been taken from this sea between 1841 and 1870. ( I'iile Dall on Alaska and its resources, 1870, ]>. MV-l.) (2) In 18G8 Hutchinson and Morgan, the promoters and founders of the Alaska Commercial Company, and afterwards lessees of the islands, saw that, unless re- strictions were impo.sed upon the ixldmlx, there would be ruin to the rookeries (H. W. Elliott, " Our Artie Prov nee," pp. '247, v*48) ; cou8e(]nently, by act of Congress ap- proved July 27, 18(!8, the killing of fur-seals nn Ihe 'flaiids was ])rohibited (W. If. Mc- Intyre, special agent Treasury Departmeut, 11. K. Ex. Doc. No. 30, 41st Coug., 2d sess., p. 12). Notwithstanding the act to which reference has been made, 50,000 were r>2 SKA I. FISH i:ii IKS nl' MKIIIMNCJ SKA. !l Ivilli'tl nil SI. (MMiru'' and l.'.n.diio itii St. I'iiiil liv tnnli'iM in MiW i Dull, p. VM>}, Kiu.iimi ill l"<(;'.t(\V. H. Mrliit.vic, II. U. K\. I>tu'. \... ilC, -IInI ('«ni«., p. Ili). •Mr. Wiiiiliiiaii. an a;;i'nl ni' llif I'niti'il SlalfHTri-usiirv at the Seal l.siiiiiiis, in his "Trip lo AhiMlva.'" piilili^linl If-I, on pa^i' !'-. Ha\M: '• (ifiirial (tii^lan;;lil. lliii-ali'iiiiii: cxti'iiniiiation, li.v Anicrican srM.sch ilniin;f llit> inlcircijiinni of dcpartim' of K'lis.siiiu iiinl iii^taliatinii of rniicd Statfs (iovriiiiiii'iitM liidk nlacc.'" Ami tlif Naiiii' (iHi< IT, in liisswitrn tt'Mtinioii.v ;;ivt'ii hfliiic tln' (-'oiif^n'MHioiial cinii- iiiit-tt'i', .slalfd tii.'it ;!il(),(Mi() wcif killed in In11». ' (W) Notw itli>iaiidin;; lliis I'ondii ion of allairs, Sccrt'lary jldiitwfil rcpuilcd in l~Tti til. 1{. Kx. Hue. No. 1'.".). p. ".', Ilsi ('oii;,f,,'Jd Mt'M.i. ) llial- •' it' I In- animals art' inntccird, it in priilialilt' that :ihoiit liiD.nnil Nkins iiia\ \>v. takrn t^nch yttai' witlinnt (liininiHliin;; tli(( ,sii]iplv." anil that " yrcat cuff wax ncri'ssar.v I'ov tlif proHtTViitiou of tlio hwiI li^hcrics /(/'()// //((• IhIkihIs of St. I'md iiml St. (lionjr.'' So Dall, in his liook on Alaska ( ISTO. p. VM>). in ft- Cr if in«' to HJatinlittT It.v UiiHsiaiis, lii'lirvcil that KMi.fiiiii .si'als roiild safely he killeii aiiiinall> iiiidtM' regulations, and .Mr. lilaine. in his dispaleh to Sir Julian I'aiiiu cl'iiie ot' I he '111 h of .Jjuiiiai y, says : ■'In theeoiirM' of a lew \ I'ars of intelli;;iiit and interest iii;^ experiment the niiniher that iiMild lie .sately slanuhteied was lixed at Ihd.ihmi per annniii." Mr. Iioiif well, as will he seen on i-el'ereiiee to his repoil , w as opposed to a lease, and remarked that it was necessary in any event lo niaintaiii in a»(/ ((/luna/ the islands an enlarj^ed naval foree for the proteetioii of the same. This report was lollowcd l),\ the le;;i.sluti the elfect that the proteetioii of tlio islands is not enon;^h, hut that the seals must lie protected in i heir aiinnal nii;;'ratioiiH to and from the rookeries, and for.")!* miles southeast of tl..' '.lokeries to thidrleedinf;' grounds. This is a Car ditiereut jtroposal from that siihmitted hy the Secretary of State, since- it does not emlii-ace the whole ol' the Hehrin^' Sea, hut locates the feedinj^ ;;-i'oiinds, so railed, within ,"i(i miles of the islamls. The other iioints, on pa^e "^ of tlio ajiiiendix to .Mr. Ulaine's letter to Sir .Inlian rannuefote of the :id instant, need hardlv he dealt with in discnssiii;^ the necessity I'or a close season, reference beino made therein to the sortiiij;' ot the lierd for killinj;" on laud so as not to kill ihe females. This is admittedly wise, since the killiii;.; is done .Iiiiie 1-1, when the pups are heiiiu dropped. The rest of paye < nl' .Mr. JUaine's niemoiandum raises the point that a seal is not a tlsli. So on ]iaj;e '.Mcstimony is cited toiudiiiii;- the necessity for not killin;;' ftuiiales on the rookeries, when wholesale .s|auj;hter of l()(l,()li(» a year jljocs on, and this is not here controverted. Tli'.> oiiinion of .Njr. (Jliddeii, whose exptsrieuce was conlined to the htiid ujttratioiia. rej;ardinj;' the projiortion of seals reco\(M'eil wiudi shot iu deep sea, can not lie of wei;^lit. It is. therefore, unnecessary to dwell upon the fact that lie is a tiovernment employe. ;;iviiii,' his views in I'avor of his (ioveniinent's coiiteittion in 18f<-. alter the seizures of H-^.') had taken jilace. This oflicer was on St. (ieori ■; c them : where they i;o no one knows.'' The Hritisli ("oliimhiaii sealers and the recoril of their catches in the Pacific for lwent.\ years weakens the standing of these witnesses as ex[ierts. Mr. Taylor, another witness, ascribes to the lish of IJehriiiii- .Sea a very hij;li order of intel!ii;ence. He deposes that in lielirini;' .Sea the seals eat a j^reiit imiiiy tisli every twenty-four iio'us, ,iiid as "tln^ lish have becoini' well aware of the fact that there 's a jiood many seals on the seal islands, they keep far out to sea." He stands alone ill testifyiiiii so positively to what can, at best, be a matter for conjecture, and he fails to show lie had the slij;litesi means of ascertain iiii,' this knowledge. He further stated that the bulls remain on the islands all sniniiier. This is contradicted by writers and other Inited States' witnesse.s, as will be seen hereafter. It is, therefore, evident that this gentlemaii was testifying simply to hi.« tb m SKAI- riSHKIflEa OF HEHRIXG SEA. 38 own iHM'iiliar lln'oiici rcyanliiiu Hcal lil'i' ii|Mtii vriy liinitt'd cspfrh-ncf. Hi' sayn, iit one placf, that wliilc lln' cowi aro out (and tln'v no, li<^ tt'lls us, Hi to ir» miicii and <«v<'U tiirtlii'i) tin- MoaliTN only )dacc at wliicli he appai'cMtl,\ <(iiild nlistivc liii-Mi, and ln> has niiTcl\ conjcctiiit'd tin- distance that they ^^o I'nun hind and the iniinliei actually hIkiI in deep water. 'I'liis witness '• thinks tliere is sdme daiiia^;e done m kiliiiii; and slKintiiiL' of the cows and leaviii); so many yniui;; withoiii Iheir mothers." Theic would he less doiilit r'«' spectin^f the cowh lieini; sliot or hist it' it was salisl'iieioiily siiowii Unit lai'«e nnniliers of voini;:; pnps were found dead in the io(d{eries. I'he witness, if aide, would have certainly pointed to llii.s. 'I'he reverse, however, Im the fact; a?id, with tlio exception of om' witness liet'ore the Conyressioiial loiumittoe, whose evidence will he exainiiiiul ayaiii, not an anient , and we have hetieraiid undisputed testi- mony that lonj; after this a i;reat increase had taken place— an increase of millioiiH. Mr. Taylor, it should he ohserved, however, j^ave other testimony than that qnoteil hy Mr, Hlaine. He said that — '•'riieHc i)redatory vessels are j>'enerally there (in IJehriiijf .S«ai in the spring of the year when tlu'CowH are K'''"K f'> tl'»' island to breed • * • most of the seals that are killedhy these nuiraudinn- vessels are cowh witli youufj." He estinnites the number taken in l-"'l at from r».(Mi(i to ,'^,()ii(). "These vessid.s will take occasion to lian;^' aroninl the islands, and when there is a heavy tofjt to go on the rookeries v«>ry often." 'I'he chief damage, according to Mr. Taylor, is not ihe killing of mothers out at sea when their young are on shore de]iending upon the reiiiru of tliiir ninthern. as is cou- tended. but it is due, he says, to the insiifticient protection of the i-land. This can, as will be pointed out, be remedied if the suggestions of (Jovernment agents are acted upon in the line of bettcT police guarding of the rookeries. Mr. Williams's testimo-::* is nt;xt referred to on }>age H' of the ajipendix to Mr. IMaine's letter. This gentleman was engaged in the whaling imsiness for forty years (jtage 1',\ of evidence before Congressional committee). Asi regards fur-.soals, his knowledge is not based u])on experience, but "from reading and from (tonversatiou with my captains" {\>. 7:5). He was called by re(|nest ehring Hea. It is not denied that evci'y lessee of the I'ribylov group would agree entirely with liiin m this, It may be remarked that he does not share th«^ theory of the Tuited States tliat the chief danger lies in killing the mothers when out iu the deep .sen for footl, having left then' nurslings on shcu'e. At i)ages 10, 11, and 12 of the appendix Mr. Williams is quoted to show that the danger to the females lies in the journey through the Aleutian Islands, with young, to the lireeding grounds. Un jiage 90 of his evidence l)efore the committee, he illus- trates the inetl'ective means of ])rotecting the lookeries by stating: "Last fall ii schooner landed at one of the rookeries ami killed 17 cows and bulls j'ight on the breeding rookerit's." Again, at page 10() he fays : "That the jiresent measures are somewhat iusnfticient is .shown by the fact that for the last three or four ye irs there have been increa.sed depredations annually upon tin roi)kerien. "A revenue-cutter gees upon the grounds and then is orderpd north for inspection, or for relief of a whaling crew, or something of that kind, and they are gone jiretty much the whole time of the sealing season, and there appears to be iusnfticiency of the method of protection." On page 108 he says : "They shoot them as they find them. * * * A vessel can approach within less than half a mile or a quarter of a mile of the island and not be seen (on account of H. Ex. 450 3 !' I :ll! li 84 SEAL FISHERIES OF BEHRING SEA. als, from Laiul and Watfr, fog), and can send licrhoatH on the beaches and j^et oil" fifty or a hundred skins before the inhabitants ean liml it out." EvichMitly Mr. Williiiins does not cunsnUn' the shootinj; of females far from land in umcli indulj^ed in, as he insists that tlie damage is dune inshore, wliere no pelice pro- tection is enforced. Tlie liistory of the rookeries, ,i;iven on jiages 1'^, ll>, and 14 of the appendix, has been dealt witli already in tliis paper. On payes 14 and !;'> of tiie ajiiiendix an article on fnr-se; written in IHTT by a Mr. Lee, is referred to. He merely alliules to the indiscriminate slaughter which was practiced on tho rookerii s, which no one defends oi Jnstifics. Mr. Mcfntyrc. snix'rintendcnl of the seal lisherics of xVlaska for tho lessees, is then brou.i;ht forward l>y ilr. lUainc. Tliis ueniieniiui went to the island as a Government aj;ent to insjject the operation.s of the company. His reports were favoral)le to juid liii;hly enloyistic of tiie company, and thoy were immediately followed by his resiy;niition aa a Government ollicial ami liis ap)iointnH-iit to a lucrative position under the cDmpauy. His tentimony is naturally more in favor of the company ami of the Government's contention, which is so directly in the interest of the comp Miy. than the testimony of any other witness. Ifc thinks only one-tif(h of tho seals shot arc recovered, i:J«^ his reason is that h© has found seals with bullets in their blubbers on the islands. He attributes a deti- ciency in the number of seals in l-^rtf< to tiio fact that cows woe killed. Me mentions that if cows are killed in August, and tiieir young dejirived of their mother's care, the young perish. The young jierish also il' the mother is killed before they arc born. In tills way he endeavors to rejircsent such a practice obtains, but it is to be borne in mind that he does not go so far as to saj that pups are found dead on the islands in any number. When this ollicer was reporting on tlie operations of the company, and before the i>resent contcutioii was raised, lie gave ;i glowing account of the increas- ing numbers of seals at the islands, as will be shown : ijutat page IK! of the evidence bctore the Congressional ini|uiiy lie labors to reduce the estimates of botii Elliott and Dall l>y "<(i and in 18e7, and stated that 40,000 skins a year wert; taken, nearly all in Hehring Sea water, and in a few instances by raids on the laud. How he obtained this inforimition is not shown. Fioni his posi- tion on the island of St. Paul during all that time his statement is obviously a mere surmise. H" could y marauders, in fact 80 or "JO per cent., are from females." It is submitted that this witness, whose interest on behalf of tho c(unpaiiy (tho lessees) is shown iu his confession that it was at times necessary, in order to control the prici' in the markets, for the company to take le.ss than 100,000 seals (evidence, p. I'^l) has not strengthened his testimony on the main jioint by speaking positively to the following, which could only have Iteen known to him by hearsiiy : (II) Russia destroyed marauding vessels. (/') A liritish vessel in 1887 took 450 seals in Behring Sea, secreted them on a small island, left them, and returned to the sea for more. (c) JL'irauders kill 100,000 each sea.son. {, the lessees were unmolested (p. Iv'i*), which statement has been shown to be incorrect. He ob.served that since 1882. and especially since 1K84, other parlies have been destroying seals, "reducing tho e(|iiilibriuni of the .sexes." As will be sub- mitted hereafter, he has been contradicted in regard to this by expert writers, histo- rian.'-, travelers, and agents of the 1,'uited States Government.' Mr, H, W. Elliott, whose experience is limited to 18;'J, 1^-74, a. id 1876, when, as Ml. M;;Iutyre says, no injury wasdone by marauders, is next referred to by Mr. Blaino (]>age Id (if appendix). He is referred to as ainemberof the Smithsonian lustitutiou; he was also a special agent of the Treasury. The following are extracts taken from SEAL FI8HERIES OF BEHUING SEA. as a "report upon tlio customs districts, public service, and rcsmirocs of Alaska Terri- tory," by W. I<. Morris, special a further noticed herealter, and. upon the thresh- old of criticising anything he has written upon Alaska, occasion is here taken to give him full credit for his valuable contribution in regard to fur-seals. It i;> to bo regarded as authority and w(dl conceived. The views of Mr. Elliott, however, in ref- erence to other nuitters of moment ir. t he Territory are ho diametrically oi)po,sed and antagonistic to my own that 1 feel constrained to review some of his statements, glit- tering generalities, and the wholesivle method with which he brushes out of existence with his facile pen and ready artist's brush anything of any essence of valm.', light, shade, or shadow in the broad expanse of Alaska that does not ecnfeirm precisely to the rule of investigation and recital laid down i)y himself, and which contradicts his repeated assurances that outside of the seal islands and the immediate denemlencie.'H of the Alaska Conimercial Company there is nothing in Alaska. " This nuigazinc artich? Itears a sort of semi-olticial indorsement, its authority is not denied, and with this exitlanation for using the na,me of Mr. Elliott in connection iluirewith a few of its crudities and nuditiei^ will be noticed." "Till-: .si-:nsimveki'em ok .u-asica. "So little is known about Alaska that whenever any thing comes up in Congresa relating to it information is sought wherever it can readily lie found. The • infor iuant' is ever on hand, with his work on fur seals comfortably tucked uiiderneatli hi.s left arm, to impart all the kno\\ ledge extant about the country, ' for he knows nioro about Ala.ska ttum any uum living.' " A decade has passed since we aei|uired this Territory, and for a decade it has atforded employment and subsistenct? for its present sense-., "per: but the nextdecado is warming into natiovial existence, :>tid it is about tin e this Imbbie was jirickedand the bladder not quite so much iiiltated. "lam fully aware of all the conse(|uences to be dreaded, tho responsibility as stisned, when rash enough to dis|»nte the heretofcu'e st'lf-established authority troni the Arctic Ocean to the Portlaml Canal. "This man seems to be tho natural foe of Alaska, jtrosecuting and iiersecuting her with tho brush of tho [lencil and the pen of an exitert whenever and wherever h(^ can get ar. audienc<>, and I attribute the present forlorn condition of the Territory to-day more to his ignoram-e and misre|)resentation than to all o^her causes combined. Ho is accused of being tiie paid creature and hired tool of tiie Alaska Conunercia! Com- pany, and belonging to them body and soul. I have made diligent iu(|iiiiy. and as- certain lie is not in their emjdoy, and furthermore they rejindiate the ownership. They should not bo iield responsible for the indiscreet ntterings of the sense-keeper, notwithstanding the charge of ownership might cau^e him to be mcu'c readily listened to. "Doubtless when they have been att.K'ked through tho c;)lumns of the pre.s.-i they have emjiloyed this iinlividual, who is umitu^stionably possessed with the idciicthcn •^'■liheiidi to reply to unjustiliable ouslauiihts. and paid him l'(U' it. as they would any other penny-liner who nuikes littnatnre ai;d writing for the (U'css his profession.'" His evidence in 1H8S is open advocacy of tin? I'nitcd State.s" conteTition. Hi.s writings and reports j)rior to the dispute will be referreil to, and it will be submitted that his statements and experiences before l^r*S hardly support his later theories. His statement on page 17 of the appendix, that wounded .seals swim away to perish at a point never to be seen again is contradicted by the last witness, Mr. Mclntyre, who idcked bandfuls of b'lckshot, etc., out of seals clubbed on the islands. His theory of tho dilHcnlty of shooting seals is contrary to the known inactiee of the hunters to creep upon the seal as it lies floating in the calm waters al)ly.'' He estimated ;!().00ii wore taken by 'iiaraiiders, and to do tliis he guesses that r>0(r,(»00 were Uiileil. Tliin ^t'litltMnaii, as an agent of the Treasury, was oonlined to tlio ishinds during his ti'iiuie of oltiec levidt'iice, ji. ^'>'.\). He leases his contention on tlic log ot a maranciing schooner wiiich fell into liis liands. This log was, it nuiy he remarked, not lUddnced, and no excuse is given for ■witliholding it. He produced what he .said was a cojiy. As liis opinions are based ni)on tlii., curious statement, his testinmny can hardly he seriously pressed. H" t -s- tilied to insolenc(> of sealers when seized, though he does not aj)pear to lur. e been jireseiit at any ot the seizures. The log-I)0()k, it should be oliserved, is said to have belonged to the .Iniitl IhiDij. Tills is not the mime of a Canadian sealer, and it may here be stated that no Cana- dian MCivler has ever been found \vithin the H-niile limit. 'J'lie o]>era1ions on the schooner .liii/il IidVij must have lieeii rather exjiensive, and they do not ciu'roborate the ;illegaiion that large catelu's weri' nuide, since three hundred loiinds of aniniuni- tion (Mr. Tiiigle said) were wasted for the capture of one seal. Another sujiiiosed entry in the log is most extraordinary for the captain of a sealer under any circum- stances to make. 'J'lie statement referri'd to is as follows: "It is very diseo'iraging to issue a largo quantity of aniuiunltion to your boats and ]la^■e so few seals n'l'irned," There is not a magistrate's court in the country that wtnild list(>n to this oral testi- mony as to the contents of a log, A reference to this i>retended log— a copy of a jiortiou thereof only being ])rodiiced by Mr, Mclntyre (p, '.\M of evidence) — sliows that tlie captain had an exceiitionally bad crew. The captain described them in the following terms; •'Tin; hardest set of hunters in Hehring Sea;" /it; "never will he caught with such a crowd again : they are all a .set of curs." The captain added, liowever, that if "we only had hunters we would be going home now with 1,500 skins at the very least ; "' and, from the log, it would appear that he had lo regular hunt- ers on board. It is worthy of remark that the statements made by Mr, Tingle re8])ect- ing the entries in this alleged log are not continued by an inspection of the transcript Mr, Mclntyre produces, (On j). :f:!'2 of evidence. ) Mr, Tingle contradicts Mr. Mclntyre regarding the numbe;- of seals on the island. He states (ji. hV2, evidence) that there had been an increase of seals since Mr. Elliott's cor.nt in lf;T(> of 'JjKfTj.'jOo. He expre.s.sed natural a.stonishnu nt (p. 103) at the state- jiieiit of Mr. Elliott regarding a decrease. He says: " 1 am at a loss to know how Mr, Elliott gets his iuformation, as he has i-.otbeer on th(^ islands for fourte<'n years." Pushed by the chairman of the committee by the f.illowing question, viz, "It is Mr, Mclntyre's opinion that they have not only not increased but have decreased," the witness in re])lv stated that "there has been a alight dinuinitiou of seals, nroh- ahln." The next authority (luoted by the ruited States is William Gavitt, a .special agent of the Treasury at .St. <. ISS): "You had better understand what yon are talk'ng about." On page I'Jl he rebukes other otiicers of the Treasury who had testilied positively ti> matters without the n;eaiis of knowledge, "] »ie witness was aske. "iu.'). I In this .•statement he lias been contradicted liy oftieial reports, as will lie shown. The witness admits, liov/over, that female seals, aftt-r uivin^;' birth to tlieir youiiii, ^caller out in Hehrinij; Sea ; and he isof opinion that lawh-.-is hunters kill al' they tiiid, and tlmt tliey lind mothers away from their imi>lines. No s[iecial ici'.soii ('(ir this iij.inion is jiiven, however. A sailor. Edward .Shields, of Vancouver, formerly on the sealing- schooner Caroline, i> said to have testilictl, where and when it is notstated i\;. •:>() of api)endi.\ to Mr. 15I;iine'8 lett<'r), that in 1^'8() out of (".■^(i seals taken by tiie CaroVme the seals were ehiclly females. I'pon this it maybe saiil that it is the custom amon>j hunters to (dass all seals the skins of which are the size or near the size of the female as ■' females." for their jjiiidanco as to the ([uality of skins in the catch. It may also be remarked that it (hies not appear tliat these females were in milk, and this is always known when .skinniii"' the .seal. "Dry cows'" are caiiglit, as has been a.iting, etc., has had any experience as a hunter or with hunters. They were not; • <_) rts. They were .sent to the islands to see that the lessees jiertormed their obli- .:ations as covenanted in the lease. The experience id" most of them was limited to a few years' residence re, moreover, submitted to a cross-examination, and they were to » large extent led by the examiners in tlie rpi'stions put to tliem. Tlie only facts that were- possibly within their knowledge relate to seal life on the islands, to the mode of killing, and to the times when killed there, and to their habi'.s when iu and upon the rookeries. The opinions of the geutleuien giv(>n before the Cougressioual commictee iu IS.SS for the most part, though sometimes contradictory, are iu favor of the under-meu- tioued theories ; (1) That the female .seals while nursing tlieir young g0, he ])roceeds iinon a somewhat dillVrent lii'onnd tlian the evidence ahcads' reviewed, in onler to show the necessity for )U()hil)itii)n of sealing in tho waters of Uoliring Sea. The ts the view that the rookeries were in prime eondition and nndiminished until IfS.'), when, as he says, Canadian sealers made their advent into Jielirinji Sea and the injury henan. It istherefoie inii>()rtant to point out that the ojierations of tlie Cana'nai; senlc-rs were absolutely harmless eomiiared with the numerous dejtredations upon the ishuuFs for the last century, which, however, have not yet l)e{,un to atlect the value and number of s(>als on these wondeiful rookeries. Already evidence has been cited in this paper establi.shing the fact thai extraordi- nary slaughter occurred prior to iS'O, and that after ail this, when the total number of seals on St. Paul am' St. (George Islands was admittedly loss than now, it was deemed safe to jiermit 10U,oOO male seals of one year or over to be killed annually for twenty years, etc. In 18711 Collector Phelps, of San Francisco, reported: *' I am assured the taitiro number taken south of the islands of St. George and St. Paul will aggregate, say, 10,00t) to 20,000 per anunm." (H. K. Ex. Doc. No. 35, 44th Cong., Ist sess.) The Acting Secretary of the Treasury Department, in September, 1870, gave per- mission to the company to nse tire-a .- ''")• »roieciiou of the islands aqaimt marauders. (H. K., 44th Cong., Ist s"ss., Ex. Doc. • ) In 187'J Collector Pheli)s to Mr. Sec«. Houtwell reports ex]iedition fitting out iu Australia and Victoria for sealing in ]• <'ing Sea with the olijeet of capturing seals on their migrations to and from St. Paul and St. George Islands. Secretary Botitwell did not consider it expedient to interfere with these ojterations if they were carried on 3 miles from land. In 1874 Mr. Secretary Sawyer, writing to Mr. H.W. Elliott, referred to British ves- gels taking fur-seals in United .States watersandto the seals becoming more numerous. In l>^7r> Mr. ^^'illiam Mclntyic, an assistant agcnit of the Treasury, describes hav- ing been told tliat the crew of the schooner Cuf/tiet, as she lay at anchor in Zapadnee Bay in 1874, were shooting seals from the deck, skinning them, and throwing the carcasses overboard, which was alarming the seals and driving them from their breeding grounds. And he said : "I wIsIkmI to give the ea]itain of the vessel timely warning before ])roceoding to harsh measures. I had armed the natives with the intention of rejtelling by force any tUlcmptu to kill tical on tlw nuiketics oy nitlii)i rijic-slioi oj the nhore, if the ci'ews still l>ersisted in doing so alter tlie leeeiut of my letter to the cai)tain." He described the operations of the r,i/.'/«fMinder the elitf near the rookery, which alarmed the seals .so that they hit the mokery in large numbers. (Ex. Doc. No. 83, ]). V-i4, 44fh Cong., 1st sess.) This vessel is again rejiorted hy Special Agent Bryant in May I'-l, 187,'). (Ex. Doc. 83, 1). l'2r), 44th Cong., 1st sess.) From H74 to 1~'78 Mr. I'\ J. Morgan, attorney for the Alaska Company, was on the islands duriiig the years 18(>8, l~ti'.t, and from 1-74 to 1"'78. Ho speaks of several raids upon tlu' islands in his time, anroi<(t the rookeries o)i the iflaiid-^. (H. K. Ex. Doc. 3883, .')()th Cong., \\\i. r)8, 71, lOit.) In l"^7r) the evidence of Darius Lyman contains the following information. (Ke- port, Committee on \A'a,ys arid Means, House rej)ort No. ()'i3, 44th Cong., 1st sess.) Answering Mr. Buichaud as to what he knew about the seizure of the Satt Dieyo, Mr. Lyman replied : "There was a seizur(> made of the Sau JUtf/o, a schooner, near St. Paul Island on the !27th of .July last (1-7.")), on lioard of whicli were Ldt'.d fur seal skins. The San Jiiei/o was sent down to California, an : nu Ml isli Ju . SEAL FISHERIES OV JJEHRING SEA. 39 Doc. 6falH whicli scoii\ to ho maldiiu; the passai;*! alont; tlic coast to the nortli, liciiii; jirolt- ably a portion of tlic vast iimiiluT tliat liiially coiij;n ;i;at(' at tlu' Seal Jslamt later in tlie season. 1 am infornicil hy the Iiidiaiis that niosf ot the seals taif>/e/rt, Dexter master, seized at the .seal islands hv Special Ageut Ottis. In a report by Special (Jommissioiier Ivan Petrol'f in the year Ir'rix), he says : "Ah tlicso seals i)ass up aud down the coa.st as far as the Straits of Fu'ca and the month of Columbia Hi\cr, ipiito a nnmlier of tliem are seciirei] by hn:iters, who slioot (M' spear them as they iind them asleep at .sea. Also small vessels are litTed out in San Francisco, which ns^nlarly eriiise in these watm-s for the piir])ose alone of shoot- ing; sleepiii"^ seal." (II. 11. lis. Doc. No. 40, -Kith Coiifj., ;5d sos ,., vol. 1-, ]). ().">.) At page (il of the same rtjport this oflicer speaks of the natives .secnring ],"00,000. The islands on which the seals are taken are protected from incursions ot marauding vessels alone through the cruising of the revenne-cntters. Last year the ofliccrs of the Corwin seized a schooner engaged in taking seals unlawfully. Without the use of cutters the fur-seal industry has no protection." The letter clo.ses by asking for §25,0(10 '• in the estimates for next vear." (H. R. Ex. Doc. 252, 48tli Cong.', 2dse.ss., vol. 29.) September 1, 1884, the Hamburgh .schooner Ji/c/t w\as seized for violation of section 1056, Revised Statutes United States. In 1884 Captain McLean, master of the schooner .)farii Ellen, was in Behring Sea from the 8th of July to the 22d of August. He took 2,007 .seaLs, and was not inter- fered with. (See his declaration under act for the suppression of extrajiulicial aud voluntary oaths.) Mr. George Wardman, an officer of the United States Government, was at the seal islands May, 1885. He was also there in 18TU, and. in addition to his evidence before the Congressional committee, he has rej^orted to his (ioverninent and has written a book upon Alaska and Hehring Sea, •' Wardman's Trip to Alaska," publislied in 1884. At page 116 of this is given an account of the raiding of Otter Islands aud the conse- qnont request for a revenue-marine guard at that ])lace during the sealing sea.son, which was granted. In 1885 Captain McLean again vi.sited Behring Sea in the Marn Ellen. He was there from the 4th of July to the :$d of September. He took 2,300 seals, and was not interfered with. Captain Healy, in reporting on the cruise of the Corwin in the Behring Sea, in 1885, when speaking of the seal fisheries, said : " During the year qii te a number of vessels have raided Alaskan waters for seala aud other fur-bearing animals." (H. R. F\. Doc. No. 15;], 4'.>th Cong., 1st sess.. vol. 32.) In 188(1 the governor of Alaska, in his report for that year (p. 4:i). states that an in- discriminate .slaughter was carried on pievious to the seizures of 18S5. In 1886 Special Agent Tingle, to Secretary Fairchild, congratulated the Govern- ment on the arrest of the San Diego, which he called " an old offender." "This," Mr. T'agle remarked, ''will do much t) break up inarauding h\\^\mifin around the islands," He further urged the Government to keep a cutter about the islands from July 1 to the iHt of November. The above references, it is submitted, establish conclusively the defenseless con- ■s^^i^m^nm 40 SEAL FISHERIES OF HEHRING SEA. H (litioti of the isliUulH Iniin tlu' tl»ii»r< ilatidusot' tin; iiiariuultT.s or poachers upon the r„okerie,H (not one lieiii^ a C'aiu •liaii; I've"" since tlie iMhinds cauie into the posses- 8iou ot'tiic I'nitcd States. Mr. IJhiine. in his dispatcli of the "i/th of January, li^'JU, remarks that — " I'roeeedinji liy a close c.liedience to the hivs of nature, and ri<;idly limiting;- the nunilier to he aiinuiiliy slaiijihtercd, the Gcveniinent succeeded in incrcasinji the total nnnil)cr of seals and adding' conenpoiidinjjly ami larj;cly to the value of the lisheries. "' And in ti)e 8anu> dispatch he speaks of the profitiible pursuit of this husiue.ss down to the ye;ir ]'^tH\. To show that at the i)iesent time the valin> of the I'^hmdsis {iireater and their eon- ilition is hctter than ever, it is only necessary to olistrve that while the late lessees paid to the tiovernnient of the rnitetl States an annnal rental of s.'iO.ouo in addition to N'i.fl'^A per skin for the total numliei- taken, the oHers, when the islands were put tip for coni])eti tion in l-'.'O, were enoniiously exceeded, as will lie seen on reference to a scheduUi of the jirojiosals submitted to the United States' Treasury Department iu response to the advertisements of the Treasury iiivitinj; offers for the privilej^es, dated Iteeember ti4, 18Kt, and I'ebriiary vIO, ISW. Upon reference to the evidence before the Conj^ressional committee (H. K. No. 3^8;i, oUth Uoug., 'id sess.), it will be seen that "the Government now, uithont i(n\j cure Of risk, yets s;{17,00(i a year for the lease. " And at paj-e W of the same report it is stated that the annual income fiom skins to the Government was .'•ol'.i,":}!'^, and that iu sixteen years the United States' Government received from the Alaskan fur- seal industry ^p'.'Ju:!,/?*;. Ii is further stated that the Government hati tluMi already been repaid the cajutal Hiim paid for the whole Territory of Alaska, and more, with " her many varied, and, as 1 believe, incomparably j^reat national resources, to represent the investment of capital tirst made. " FIFTH.— THE RKCEII'TS AND EXTEN-SES OF THE GOVEUXMENT OX ACCOUNT OF SAID COXTHACT. Vi "The total amount paid by the lessees on account of said contract up to June :!0, 1888, inclusive, was ;?.">, i")!)/, 100. The total amount expended by tlu! Government dur- inr)0,000 for salaries and traveling expenses of agents of the Treasury De[iartment at the seal islands, and about .Sir)O,O0(l for the revenue- cutters cruising Alaskan waters. " To the amount alreadj' received direct from the company should be added the sum received by the United Sjtates from customs duties on Alaskan dressed seal-skins im- ported from Euro[>e, amounting to ^slV'-^f^'"^') to which should be added the sum of SuO' go twice a year. In 18(Jit Special Agent Hryant esti united the number of seals to be as follows (41sb Cong., 3d sess., No. 32, Senate, p. 7) : On St. Paul Island 1,152, OOO On St. George Island 57<), 000 Total 1,728,000 In 1874 Mr. Elliott, after examination, estimated the number of seals to be: On Sr. Paul Island 3,030,000 On St. George Island 103,420 Total 3, l'J3,42() Exclusive of non breeding seals, and adding those to the estimate of Mr. Elliott just (|UOted, he himaelf said that the total would reach 4,700,000. In 1884, long after the period when Mclntyre stated that the seals were decreasing— as he said since 1882 — Mr. Wardman, when writing from the islands, tells us — "The number of seals is steadily increasing."' (" ATrip to Alaska," p. 93.) Mr. II. A. Glidden, an agent of the Treasury from 1882 to the 8th of June, 188.5, an authority (luoted by Mr. Blaine in support of the United States' contention, told the Congressional committee in 18s8, in replying to t)ie (luestion, " What do you say SEAL FISIIEKIES OF IJFIIKING SEA. 41 jihoiit tilt; iiicre.a.s<; or diiiiiiiiitiou ni' tin* iimiilM-r of st'iils ou the niokorics of St. I'uiil and St. (jft'oi'i;*) ."' ' I could not soo iiiiy icirtifiilar dirtereiict'. .•nul <;ii iiw.'iy. Tho jxMiod of f;i'stiitioii is idcvcu I'olhtwiii^. Tlu'.v iir«' tlieit! during; iMi; Coiit,'rt'ssioiiiu coiiiiiiittec, p. 'S! .) aui'iit of tlif Ticasiirv, navi' his cvideiicc li^-tbrc tiio "I did not notice any cliany.e. They eonu! and have their yduiis. niontiiN, ami then tliey eonie liacU in the spriii;; ilie St iison in eonntiess nundieis."' i I'.vitlenee lie Mr. (jleorj;t; K. 'rinu;le. a siieeial same et)nimittee, antl he is put forward hy Mr, I'daine in support of the United States' (•(mteutioii. (Appendix to Mr. Blaine's letter to Sir .liilian I'anneefote, Marcli I, ii. 17.) Conlirmini,' Mr. (Uiddiin's opinion, as al)ovti ([iiotetl, Mr. Tingle said : "From Mr. Elliott's stateim'iit I undersiaiid that there are no more seals uuir Ihaii there were in I67'i. I am at a loss to know how Mr. Elliott ;;ot his iuftuination, as hti Inul nol; been on the islands t\n- fourteen years." The Hame Mr. Tingle, in l-<"*7, r(-p<^rted to Secretary Fairchihl iliaf — •' IIeft>nnd the lines of occiipancv exteiuiin;; heyoud those of last year, and tlier iwh .(uite as tlensidy pac -etl on the ground on nH)st of the rookeries, whilst on two rook- cries there is some falling t)tf. It ('.s certain, however, this vast number of animuls, so valuable to the (iovernmeut, are still (Ui the increase. The condition of all tiie rook- cries could not bo better." (Appendix to report. Congressional eommitteo, 188S, n. Ill a report of the Alaska Commercial Com]iany (December 13, lir^HT), it is stated that Mr. George H. Tingle, the agent appointed liy the Seevetary of the Treasury, substantially eontirms Mr. Elliott in his view referred to above, excepting that, npou a careful survey by liimself in l-'-'t), he estimatetl that the fur-seals upon the two islands had increased ■' luunber aliont '2.(i(MMi0o up to that time. Mr. Tingle's t>sti- Miate for Ibsti is (!,5:!,,..>U (II. \i. Ex. Hoc. No. ;il. .')()th Cong., 1st sess.t. ami in Deceni- lier tilt; Alaska Commercial Comiiany, in their report, said that the seals were on tln3 increase. The latest definite iiift)niiaiion appearing in the I'nited States docnmcuts regard- ing the condition of the rookeries is contained In the report of Mr. Tingle, who, as special agent of the Treasnrv Dcpartnuiiit. wrote from St. I'aul Island, Ala.ska, Julv :il, Ir'SS, as follows: "I am happy to be able to reptirt that. aUliough late landing, the breeiling rook- eries are lilletl out to the lines of measurement lieretofort; matle, antl some of theni much beyond these lintis, showing coiudusively that .seal life is not being depletetl, but is fully up to the estimates given in my report of IH.""?.'' From t!ie abt)ve Fnitetl States otticials it is clear that, with only partial iirotectiou ou tilt! islaiuls, the seals have iucreasetl in an aina/ing tlegreo. These islaiuls, con- taining in l!?74 t!ie largest ni.mber fd' seals evta' found in the history of sealing at any jdace, contain to-tlay a nmre astt)umling number. When the number was less than half of what it is at present. Lieut. Washburn Maynard, of the U. S. Navy, was instructetl to make 'u in\estigation into the condi- tion of the fur tratle of the Territmy of Alaska, and in 1^74 he n^jiorted that il'J,nO() young male seals hail been annually killed in each year, from 1-70 to 1^71. on the islands comprising the Pribylov groui), and lit> did not think that this diniinishetl the numbers. Lieutenant Maynaril's reprirt (l-lthCong., 1st sess., H. R. \o. 4:i), as wcdl as that of Mr. Bryant in lH(ii| (^Ex. Doc. No. :W, 41st Cong., "Jd st^ss.i, largely supports the coutention ol^tlie Cauailiau (iovernment respecting the productiveness of the seaL antl their habits tluring the breetliug season. It is not denit'tl that seals enter Behring Sea I'or the purpose id" resorting to tlit) islands to jiropagate their species, and Itecause the immense herd is chietly coutinetl to the islands for this purpose during the breeding season it is that the .seals have so constautly increased. Notwithstanding the lax efforts on the part of the United States to guard or patrol the breeding islaiuls, the tlilhculty of approaching the rough coasts thereof, the prev- alence of fogs antl other can.ses have, in a large tlegree, prevented too tlestructive or too numerous raitls being matle upon the roidveries. The Canadian (iovernment contemls that while seals in calf are taken on ami off the coasts of British Columbia and California, antl also during their migrations near the Aleutian Islautls by Intlians and Aleuts, the bulk of the seals taken in the t)iteu sea of that part of the "Pacitic Ocean calleil I'.ehring Sea are bulls both (dd and young— Init chietly young— ami that most of the cows when taken are known as " dry cows," i. e., cows" that have nurseil antl weani3tl their young, or cows that are barren, or those that have lost pups from natural causes. It mii.st also be noted that there are more females than males in a herd of seals. ("Trip to Alaska," Wardman, ji. IM.) The position taken by the Canadian Government is supported : (1) By the history of' the rookeries as above given and the great increase showa despite the coustaut killing and raids upon the islands during the past century. ^^■i: Ui,l 11 42 SEAL I'jsnKiiiiis OF iu;iii:iN(i .si:a. ('■i\ ]\y tlir CiuM that tin- old IhiIIm thai liavc liccii ahh' t(i hold tlicir iiosificii on tlio_ I'ookiiii'.s j;(> into tlw wat- r at tlm fiid oi Ihi' iiitliii;; scasmi, lii'twcfii Ist and Idth of Aii^nsl. (II. I,'. Kx. Doc. No. ■«;!, JJtli C'omj;., 1st .scss., app,. ]). V.Vi.) Mr. ClarU, (Hi tiic Aiitarrti(! .seal tisiicrifH, in "Tiio rishniosaMil Fihiicry lndn^t^iL•.s in the I'niti'd StivtcH," 1-H7, pp. I^:!, I'JI, sa.VH : "In vt'iy .slorniy weather, when tiiey (tlio .seals) arc driven into tin- .sea, they are force had seen an old male take up a yoniij;er one in his teeth and throw him into the air. The nniles .show lijj;ht vlien whipped, and are with ;;reat dillienlly driven into tho sea. "They are someti.nes treated with horrible l)riitality. Th(^ fcnniles fiive birth to the yonnj^soon after their arrival. '"After leavinj; the rookeries the bnlls do not return to them a;jfain tliat season." (I*) IJy the I'aet that two-thinks of all the males that are Ixnn ar«i never permitted to laud upon the same jjronnd with the female.s. This larij;e band of bachelors, wiieii »' riiils hind, herds miles awav from the broedinj^ yronnds. (II. W. Klliott, H. It. No. :^8:!. nuth C'onu.,p. 112.) They are driven otl into the water. (Clark's article on Antarctic soul fishery iu- dnstries of the United States, hw. v, vol. ii, 1H87, j). 4:n.) Vonnj; seals are prevented from landing on rookeries. (Ex. Doc. 8;{, 44th Cong., 1st sess., p. lt;{; see also Elliott, If. K., 44th Coug., 1st se.ss., Ex. Doc. No. rt3.) Yearling seals arrive abont the middle of July acconii)anied by a few of the mature males, remaining a greater part of the time in the water. (H. II. Mclntire, 41st Cong., 2d sess., U. 11. No. :it), p. 14 : also II. K. Ex. Doc. 43, Ist sess., 44th Cong., p. 4.) Mr. Sanmel Falkner, assistant Treasury agent, writing from St George Island Angiist 1, 1873, to Mr. Bryant, Treasury agent for the seal islands, says : " I notice on some of the rookeries the i)assage ways, formerly occupied by young bachelors in hauling upon the background, are completely blocked up by females, thus preventing the young seals from landing, and, as the greater jiortion of this isl- and shore is comi)osed of high clitVs, it renders it dilhcult for any great number to fltlect a landing. There are also numer()us old males constantly guarding the shore line, w Inch makes it still nforo ditlicnlt lor the young ones to work their way on the background." Then, again, it must be remembered that the non-breeding seals, consisting of all the yearlings and all the males under six or seven years of age, nearly ecjual in uum- ber the breeding seals, and Mr. Elliott estimated, when there were 4,700,01)0 seals ou the island, 1,.")00,0()0 of this number were non-breeding seals. (Elliott, app. to 11. K. Ex. Doe. No. 83, 44th Cong., 1st .sess., p. 7'J.) (.)n thick, foggy days bachelor se;ils numbering over a milliou will often haul out on ditferent hauling grounds, and on the recurrence of Hue weather disa^tpear into the water. (Elliott, p. 144, H. K., 44th Cong., 1st sess.. Ex Doc. 83.) The young bachelors do not n-niiiin on shore long at a time. (P. 4, 44th Cong., 1st sess., Ex. Doc. No. 43.) They are so numerous, however, that thousands can be .seen upon the hauling grounds, as all of them are never eitheron shore or in the waterat thesan\o time. {Ibid., p. 44.) Hy the fact that the cows remain with their pups and suckle them until all have left. They do not go on the rookeries until three years of age. (H. R. Ex. Doc, 44th Cong., 1st sess,. No. 43, p. 4. ) They tlo not go far from shore uutil the young are reared. Peron says that both parent elei)hant seiils stay with the young without feeding at all until the young are six or seven weeks old, .'iiid that then the old ones conduct the young to the water. (Clark's article on Antarctic seals, \^. 424.) The young are suckled by the females for some time and then left to themselves, lying on the beach, where they seem to grow fat without further feeding. ("The Fisheries and Fishing Industries of the; Fnited States," .sec. v, vol. ii, 18-^7, p. 424.) For this reason those that are jtupped in .June are oH' in the water in August. So, also, on the African coast the .seal remains until the young can take care of themselves. (//uV . p. 41(5.) ^ The bulk of the ..eals ar(> conlined to the islands until ice surrounds them. (H. R. Ex. Doc. No. 45, 44th Cong., 1st sess., p. 2.) The seals never leave their i)laces, seldom sleep, and never eat anything from May to August, when they take to the water, but, it is believed, take no food until their final departure in November. (H. H. Mclutyre. II. R. Ex. Doc. No. 36, 4l8t Cong., 2d , sess., vol. 5.) Mr. Elliott savs, " perhaps she feeds." (P. 130hisreport on Alaska, 1874, II. K. No. 83 Ex. Doc, 44th Cong.) The bulls, while ou the island, prevent the mothers taking to the water. (Marine uianimals, by Captain Shannon, "United States Revenue Marine," 1874, p. 152.) From 10th to 25th of July the rookeries arcfuUer than at any other time durine ]g the SKAL FI.silKKIK.S OF liKIIUING SKA. 43 ficasnii, a« tlir piiiis liiivc all ln'cii lioiti, and all tlic fiiilis. cows, an 1 j»iips)vi/i((i« wUhin (liiir limitx. (II. U. Kx. Doc. No. 1;;, lllli Coii},'., Ist scmh.. jt. ;{. i It lias lit'cii shown lliaf wlicii in tlii' niokcrics intitlicrs wcio (It'stroyt-d, thi' vdiiii;; wen; fomid df-ad, rtc, hut l'rolfs>()r Kllioti, in icri'iencf tn the I'tihvhiv Inlaiids, f^avM : •' With the fxccidion of lliosn .-.ninial.-i whieh li.iv>' received woniidi in loinlial, im hick or dvinii seals are seen njinn the ishinds. "Ont of tiie ^reat nnnihers, thousands n]i(in thousands of seals that nin,-,t die every year Iroin old niicahnie, not one have 1 t!v«r seen here. They evidently jjive 11]) their lives at sea." (His r(>i>ort on Alaska. l-iT-l, II. U. Kx. Doc'. ".'. 4llh ronji.. ].. ir.o. ) 'J'o further ]>rove that the contention of the (Jniiiidian (invernment is not at all nnreasonahle, if nniy he siiid that ai the International Fisheries Fxhihitnui. London, l"^H:i, Mr. Hrown (ioode, of the C. S. I'ish C'lniMnission, lia\ inu slated the retion.«, of the I'nited .States concerniny; the l'iilpyio\ ;fron|i, ihe ntlicial rei.orl upon the ex- hibition, says: " IC\ery annual, Ixdli in sea and on land, rejirodnces its kind in yr<;ater nnnihers than can ]»o.sNildy exist. In other words, all auiinaU li-iid In nuiltiidy lume iapidl> than tlioir food; nniny of them must in c,onsei|neuce either die or he destroyed, and man may rest Hatislied that so tar as the open ocean is concerned, the lisli which lie destroys, if lie, abstain fiom destroy injr, would perish in other ways. With respect to the former (^ seals), I have already iiointed out that the restriction Which the I'nited .States' Government has jdaced on the destruction of seals in the Ala-.kaii Islands seem uiinece.ssarily larjie.'' He added that nature lias imiiosed a limit to their destruction. Professor Elliott himself wasof the opinion in l~74 ( see his re]iort on Alaska already referred to, ])\>. dH, H!») tliat— "With rej^iird to the iinrcase ' cattle, to an indefinite nniuber, only limited by time and nutans ; i)ut the case in i|ues- tion, tiiifortunately, takes the fnr-seal six muuths ont of e\ery >eai- t'ar liey(uid the reach, or e\eii eo<;niziince of any one, where it is exposed to known poweiful and de- Ktructive natural enemies, and many others probably unknown, which prey upon it. and, in accordance with a well-iecoj^ni/.ed law ai nature, kee]> it at about a certain number, which has been for a;;es, ami will be for the futiirt!. as atiairs now arc, //i iiiaxiiiunn limit of iimrafic. This law holds jiood everywhere throiij^hout the animal kiujjdom, regnlatiiifr and i)reservini; the e(|Uilibriiim of lile in a state of nature. Did it not hold good, these seal islands and all lJeiiriu enemies in their wander- ings for food. " This great body of four and five millions of hearty, active animals must consuini' an enormous amount of food e\ cry year. They c.in not average less than o pounds offish each per diem (this is not half enough for an adult male), which gives the coii- hum]diou of over llir''i )nillii»i /«»> (d' fish every \earl "To get this immense food supply the seals are compelled to disperse over a very large area of the North Pacific and fish. This brings them into contact more and more with their enemies as they advance south, until they reach a jioinr where their annual destruction from natural foes is equal to their increase, and at this point their number will remain fixed. About the seal islands I h.ave tailed to notice the least disturbance among these animals by anything in the water or out. and from my ob- servation I am led to believe that it is not nutil they descend well to the south in the North Pacific that they meet with sharks and viuaciwus killer-whales."'* The following extract from the report of iMr. 11. H. Mclutyie, special agent of the Treasury at the islands in ISfiD, largely supports the foregoing views: "Thehabits of the fur-seal are peculiar, and in considering the action necessary * "In the stomach of one of tho.se animals (year before last) /niirttTii small harp- eeals were found." — MichaelCurruIVs reimrtjCumuUun Fixlurii'i, ld74. 7» 44 8KAL FISHElilKS OF UEIIKINO SEA. to tlicir pritt<'((ioii <'iiit'fiil attention. From tin' stiitcnn iit.'t of tin* »MiipIo.v<^)* of tin- Iittr lvM>i«ijin-AiiH'i'i('iiM (.'(>ni|iany, tin' ini'nrnnition ilciivnl iVoni tln> inl(>lli;;<'nt initivf cliift' ol' Sr. I'anl Isliunl, and my own ol»s« ice hat* melted NiiHiciiuitly to allow them to reach the rocdvs npon (he shore, 'riu'ir oiijov t at llii.s tinn' seems to lie solely to reconiioittti' their old rookeries with a view to re-oiic-npy them, if they havt< not heeii distnrhed. and tin' mitives, so undeistiiiidiiiu it, avoid any iniiso likelv to alarm Ihein, ami in eiise the wind is in sncli diriMiHin iis to cany the smoke from the settlenn-nl towanls tin' rookeries all tiles are t\t iiiiinished. After a few days these pioneers take their lratiiiii, tile act liiNt (Iraliiij; with tin- •U\ sess. (cnifd, tln'.v wcic jiraclically iisclrMs so far an I lie .seal Lslaiids Wfic coiict'i'iu'il. liUM liiM'ii till- «'XiH'ii«, (Kviiit'iicc licf.irr (!oii;;f<'SMioiial (•oininiitft', p. I01».) Mr. (iliddcii, aiiotiicr a^f-iit of the 'I'rca.siiry iVoin l^-*-.' lo l--'>, savs , .-viihiK >■ (jim- j,M<'Msional ( iiiitlcf, p. •,'■') when he was at iln' islands ihf (lovcnniifiit k«'|it no vi-s- Hcls tlllTf. "'I I'cy landt'd our ofticoi-s on ii iilil.' island Ci miles frum S|, I'.ml to wateh. * ' • In (!V«!rv n'|)orl 1 nnide I reeoniniemled ihat they should Keep a levenne-enltei then . Oil" vessel (an not protect those islands ami visii the Arciic Ocean hesides. The cruisinj; ,i,'ronnd is far too extensive, eoverniK, as it dot«s. a distanee of stncral thon- sand miles, and while the cniter is alisent in the Arctii- innch daiiia'40 can he done liy the maraudine' vessels to the seal isl.ind.s,'' That Con;,'reHs re;;aideil it at the onlsei a.s the duty, to HJiMply ^nard and reeulate tlie islands is clear from suliject, ^ir UcMitwell, tlie Secretary of the 'J'reasiirv. reported in l-^'n (list Cony. Kx. J>oc. lii'.t) as follows: "A siigH;<'' I "II •ii''* ''•''■" miide to this Deparlment, in various fornis, that the (iov- criiMiciit siionld lease these islainls (or a lonu ]teii(iil of timi- to a cnnipany 01 liriu, for an animal sum of nn>ney, upon the comlition thai provision should ho made tor the suhsistencc and cdnciifion of the natixes, and that the fisheries themselves should lie jircsorvcd from injury. 'I'his plan is open to the very f^rave ohjection that it makesa monopoly of 11 branch of industry, important not only for the ]tcople of the islamU but to tbo peoidti of the IJiiteil States, if the preparation and manufacture of the skins for nso sbould 1)0 transferred from Liunlon to this country. Such a m, and, as the expiration of the lease ap|iroached, the induccnienls to protect Ihcniand iircservc the lisherios would diminish, crspeciallv if the company saw, as would i>roba!dy be the case, that il li.id no liojie of a renewal of its privileges. Under these circumstances the (iovernmeiit of the I'mttMl state> would necessarily be subjected to great expense and trouble. "For these reasons, brielly staled, but valid, as they ajipoar to inc. 1 can not concur in the suggestion that the islands sliould be leased to any company for a period of years. " In.asinueh as it will be necessary for the Govenuueut of the United State.s to main- tain in and around the islands a military and naval i'orce fru- llie protection of its in- terests under any pli, 1 that can be devised, I am of opinion that it is better that the Government should assume the entire c(mtr(>l of the business of the islands, and ex- clude everybody but its own servants and agents ; that it should estaiilish a rigid system of police, t^xcluding from the islands distilled siiirits aiul lin-arins, and subject vessels that touch there to forfeiture, except when they are driven to seek shelter or for necessary repairs. The conditions of such occupancy and control by the Govern- ment of the United States seem to me to be these: "First, the exclusion of other parties; second, the supply to tlio natives of such articles as they are accustomed to use; third, compensation to the natives for their labor, and the payment of a snflicient additional sum each year to enable them to live in the manner to which th(!y have been accustomed ; fourth, an equitable division of the value of the skins over the i>ayments made to the natives, and the cost to the Government of the United States of maintaining such force as is necessary for the protection of the business. "The portion of the surjilus erpiitably belonging to the natives might l>e set aside for the pur]»ose of education and religious teaidiing, tae erection of mort; suitable dwellings ihan they now possess, and generally for their physical, intellectual, and moral improvement. " If the Government were tolea'ie the islands it would not be possible to withdraw entirely the military and naval I'orces, or to neglect a careful supervision, and the additional expense conserjuent upon retaining possession of the business of the islands in the hands of the Government .vould not be large. "Ordinarily, I agree in the ojiuion that a goveriiinent, especially one i.j r that of the United States, is not adapte 1 to the management of business; but this clearly is a business which can not be left open to individual competition ; and if it is to lie a monopoly, whether profitable or otherwise, the interest of thi' (iovernment is so large, and the expenses incident to the ])rotection of lliese islands so great, that it can not art'ord to substitute to any extent the monopoly of an individual or of a com- pany for itd own lawful supervision. "Sliuuld the Government fail in the attempt to manage the business through its own agents, there -will then be opportunity to lease the fisheries to private parties ; 4G SEAL I'lSlIKKIKS <)V ltr.llUIN(i SKA. lull my niiiiiiDii in lliiit a l;irucr H!vcmn' ciui lif ulitiiiiuiil t'luni tlinii liy iicimil iiiiiii- iiUfiiiftit tliiiM hy a ItHMf. •' 111 fiirllii r rcpls tn tin- itvsdliition. I liiiv<( t" my lliat tin' hUjiih talu-ii in IhiI-i wtjro rfiiiiivfy MrsMr-i. Kolil, llntrliiiisoii iV ('<»., llif Solicitor of flit- 'I'icaMiiry Ihmmk of oiiiiiioii tlial lilt" (invcniiiii'iit liail no Icmal aiiliioriiy to ilclaiii IIm'Iii. 'I'liosf takon in l-t'i',tair niioii ilii' islaniN, imi no (lii'i.>sion iian liccn iikkIc toMcliinj; llic ri;;litM oI" till- (fovi'inniciit. " In (■(incirdin;; tlijs ri>|iort, IiIchik- to call liic attcnlion of Conurcs.s to tlic Caot tiint it !'■ n SNary to legislate iiMni''(liati'l> so t"ir an to provide for ilic l)iisinc,HH of llic prcviit year, i'lic natives will coimncnce tin- raptiiic nf seals alioiit llie 1st of June. •• If tlm islaiiilM are to he leased for the present year it Hlionld Im^ dont* iniiiiedialely,^ tliat tlie lesste may make provision for the Inisiiiess of the year. If tlm Inisines.s of tile present year is to lie comlinied by the (Jovernmeiit, as I think it should he, what- ever oiir future p(dicy. Ie;;islatiiiii is iieeessary : and I Mii^r^^esl thai the Secretarv of the Treasiiiy lie aiilliori/ed to appoint aueiiis in .\lasUa, who shall he eiiipoweied to superintend the capture of i he seals and the enriiin- of the skins ; and t hat an appro- pi i. 'it ion shall lie made ." While the Canadian contention is Hiipported. as has been .seen, by many extraijts from the reports of otlicials of the I'nitcd States (Jovernmeiit, it is apparent thai tho desire (if the lessees, and indirectly that of the oflicials, has been to create a monopoly in I ho fur-seal industry, since in ihiswaythe market tor the skins is lar^rely en- hanced ami the value of the islands jxivatly increased. This is no doubt one reason for the (li\er>;ent opinions eiitertaineil as to the V)0«t rejiiilatioii.s for the preservation of seal life between those who control the islands and those who are compelled to liiiiif the seals ill the ocean. In siipjiort of the above assertion the following authorities are in point : Mr. Ibyaiit, in ISdl) (Seiiati^ Kx. Doc. No, :{'i, 'list ('one., "Jd sess.), stated that the lar;,'e nnniber taken in I8ti7 and in HlH docreased tho Lomloii valuation to §1] aud fli a skin. Mr. .Moore, in a report to the Secretary of tln^ Treasury (II. H. Hx. Doc. No. h;S, p. VX>, 4 Ith Con;;., 1st sess. ), says, w hen alluding to the advisability of killin^j; more seals tliiiii prescribed by the iiet of .inly I, H7U : " It seems that the 10(1, U(li) fiir-sejils from our own islands, to;rether with the ;50,((00 obtained by them from Asiatic islands, besides tiie scattering' fiir-seals killed in tho south seas, are all the market of the world can conveniently take. In fact, it is jiretty evident that the verv restriction of the numbers killed is about the most valiiablo part of the franchise of the Alaska (Jomnit!rcial t-'ompaiiy, and it is only an- other proof of the absurdity of thelVeiimuit dun j^es made ay;aiiist them that they sur- reptitiously take from our islands SiO.tlUO to 3U,00(J more seals than they are entitled to take. "Thete does not exist any doubt, nor indeed is it denied by the Alaska Cominerciul Company, that the lea.se of the islands of St. I'aiil and St. Geor<;e is highly lucrative. The ;;ieat success of this franchise is, however, owing, as far as I could ascertain, to three principal causes: I'irst, the Alaska Commercial Company, owing to the fact that they have tin; sole control of the three Asiatic islands on which fur- seals are found, as wcdl as on our own islands, as St. Paul and St. (jeorge, virtually manage the sale of hi per cent, of all the I'ur-seals killed annually in the world ; secondly, the arbitrary and sonif'what eccentric law of fashion has raised tho price of fur-seals in the markets of the world during the last four years fully 100 per cent, in value: thirdly, time and experience have given this controlling company most val- uable advantages. For instance, in tlu^ island of St. Paul, where a reputed numl)or of from l{,(HK),Ot)0 to :!,r.0(»,0()() of seals congregate, the comiiaratively small (piantity only of formerly 7;'), (100 and now 1RI,00U are killed. The company employs experts in selecting easily tlie kind that are the most valuable. in tho market, and have no diffl- culty in getting 1)0,000 out of a Hock of ;j, 000,000 to ij,. 500,000, which are tho select of the select; and it is owing to this cause, ami to the care taken in avoiding cuts in the skins, as also in properly iireparing them for the market, that tho high prices are SKAL riSIIKHIKS OF UKMRINO SKA. 47 olitniiHtl. Iiult'cd, thp- I'lict is that ii fm-M-al srllinji now in Loudon Icir Ci It'n. or C'i ix. ovviiiK to ilH siipi-iior .inality and rxcriifnl ((inditioii. Ldioapcr ilmii tlio t'lir- .i'al« M'h llvo years an<> Ittciicd Itii siiiliiiins Mitwiiiij;. Tim loniici- iiiodc ol" tliii in- disc iti) i \)Ti'm\. Willi sii'li a valiiald.- rraiiriiisi-, sccmi'd l,v a any is shown iiot to have taken the lull (pioia ill two years. "Not hei'ause we ( Id mil ;;ct .•noiijih seals, hut hecaiisu tlio iiiarUet did not do- iiiaiid them, 'riiere were ideiily olseals.'' (Kvidence hidbre C'oii^rcMHioijul C'oiiimit- tee, p. 1-Jl.) Mr. Mcliilyre, oiice a special a>;eiit, has alrca,000 skins were taken hy Ihe various parties en;.;a;j;eil in the hiisiucss on the islands in If^fiH, and tlie London price has declined to s'.\ to .*4 jier skin ; and I am as- sured that if tlie raw skins now ludd hy dealers in London were thrown upon the, market, asiilHcieut sum to pay the cost of traiis|)ortalioii from the islands could hardly ho roalizetl. 'I'lie iinmhcr of raw skins now upon the mai 't is not less tlian :!;'>(), ikki, and it is i>redictod tiiat several years must elapse liefore the flemaud will a^ain raise the jriee ahove the present rate, if, indeed, the larye surplus of skins doe.s not carry it much lower hid'ore reaction hcyins.'' Many of Ihe dani^ers to seal life have heen mentioned, and it has heen shown that the herd still t!iri\t's; hut the wonderful iiroducli\ eness of the seal is further >lio\\ li hy an allusion to a dan;;er irrealer than all the as.-aiills ot man in llit; deep sea— a daiifrer ever existinjf, which naturally tends to keep the seals inshore, or, wlien out- side, to scatter. Reference is made to the killer-whales and sharks. (II.lv. Ivx. Doc. ^;i, .|4tli Coni;., Isl scss., ]). 177, and pp. ^i), i~7 of apiicmlix to the same document ; also page ',i'>'J of evi- dence before Congressional committee, l^HH. ) "That these animals are preyed upon «!.\tensivoly by killer-whales (Orca filadiator) iu especial, and hy sharks, ami jirohaldy other suhuiariue foes now unknown, is at once evident; fur were they not held in (di(!ck hy some such causi; they would, as they exist to-day on St. Paul, iiuickly multiply, hy arithmetical ]> ogre.ssioi,, to so groat an extent that the island, nay, Hidiring Sea itstdf, could not (Mintain them. The present annual killing of l(i(),ni)() out of a yearly total of over a million males does not in any appreciable degree diminish the seal life, or inleif(ire in the slightest with its regular, sure perpetuation on the breeding grounds every year. We may, there- fore, properly look upon this aggregate of four and liveinillions id' fur-seals as we see them every season on these Pribylov Islaiuls as the inaximiim limit of increase ;is- signed to them by natural l.iw. The great C(|uilil)riiim wliicdi nature ludds in life upon this earth must be sustained at St. Paul as well as elsewhere. (Elliott's report, pp. (i-.i, C4.) "When before the Committee of Ways and Means on the 17th of March, lp'7ti, on the investigation before alluded to, Mr. Klliott made a similar statement, giving in somewhat greater detail the reasons for his conclusions. His evidence will hi^ found annexed to the report of the committee." (Report No. 023, H. R., l-lth Cong., 1st 8688.) Respecting the practice of sealing as known in Canada, it may ho said: Canadian sealers st.irt out upon their sealing voyages some time in the beginning of the year. The vessels go down to a point otl San Francisco, and from thence \N..rk north. The 48 SEAL FISHERIES OF HEHRING SEA. sciilrt taken l)y them off tlie coast are of l)()tli sexes, many in juip. some young bulls; vcrv few old bulls run in the I'aeilie Ocean. The catrli of each vessel will avfrai;c between .")Cm) anil 700 seals a year between 1st of .lannary anil the end of May. When an nntrained «Tew is laken, many shots nniy be tired wiHiont hitting the heals at all, since tiie novice expi-cts lie can liit when at considerable distance, tile seals in s\icli ca>orary diminution of seal life bcicome aj>- parent upon the islands oft lie I'ribytov 'ironii, it would not follow that the herds were decreasiiij;. I'lofcssor Klliott, in his rei)(/rt of l-'7l n))on Alaska, so frequently re- ferred to in this jiaper, argues c" panics 'J').") and '.'(ii! that in such a ease a corres))ond- in.U an^^mentation may occur in 'oi)))er i>r IJeiirin^ I.sland. siiu;e ''tliese animals are n()t particularly attaclied to the respective jdaces of their birth." ••''■Jius it api>ears to me necessary that deliiiite knowledjjje ctmeerninf; the Com- mander Islands and the Kurilessli.iuJd be ))ossessed : without it I should not hesitate to siiy that any re'xut made by an ajrent of the Department as to a visililediminutioi! of the seal life on the I'riliylovs due, in his opinicm. to liic etl'eot of killinuf as it is conducted was without ;;ood foundation: that this diminution would have been noi!"ed just the same in all likelihood had there been no takiuj; of seals at all on the islands, and that the missinj^- seals are more than probably on the Russian grounds." [Inelosure 4.] NOTE ON THE QUESTION OF THE rKOTECTION OF THE FUR-SEAL IN THE NORTH rACJFIU. (l!y Mr. Gt>ori:>' Dawson, D. S. F. C.S.,K. R.S.C., K. K. M.S., Assi.stiiiit Director of the Geological Survt'v of (.'aiiiiila.) The mode of protection which is apparently advocated by the T''uited States Oov- ernnient in the ease of the fnr-seal, viz. tha. of leasinjjf the ])rivilege of killing the animal on tlu' breeding' inrounils and prohibitine its cai>liire elsewhere, is a now de- l>artnre in the matter of such jn'otection. If, imleed, the whole sweep of the Pacitie Oce.'ui north of the ei|uator was doiniiiattd and etfectively eontrolieosterous to suppose that sacli a mode of ))rotection of these animals '-an lie maintained. Such an assumption (.in lie based in this ease on one orotheronly of two grounds : Sfateved by the geographical features of Hehring Sea, by the fact that t'-is sea and l- liring Str.iit contriinite the open higliway to the Arctic and to ]iart of the northern shore of ('anada, by t h" )U'e\ioiis action of the 1 iiited States (:overiime::t w lien this sea was nearly surroiuided t)y IvUssiaii territory, ami by the fact that from l-'I'J to the date of the junchase of Alaska lleets of I'nited .States and otlicr wjiahu's were aniiiiiiUy engaged in Kehring Sea. It is scarcely possible that any serious attem|it will bt; made to support this contention. (Bancroft's History, vol. :{:i, Alaska, p. .")83 ct seii.) The second groniul of claim is ( indidly advanced by H. W. Elliott, who writes : ■'The fur-seals of Alaska, collectively and individually, are the jirouerty of the (ieneral Oovernmont. * » * Every fur-seal playing in the waters of Behring Sea around about the Pribylov Islands, no matter if fi uud so doin^; 100 miles away from > 's SI^xVL FISHERIKS OF BEIllv'IN(i SEA. 40 tlidso lonkerios, beloiiu,- tlicrc, li;is Ikmmi bojjotrt'ii iiml l)orn rln'rooii. ainl is tlie iuiiiiiiiL tliat till' explicit sliiclil of the law prottiots. \o li'^- il rtoiiliisiii or ijiiiliblo i-aii clouil till' whole truth of my sriitciiuMit. * ^ * The marti-i- is, howiivtu", uow thoroughly ap|irociat«(l anil innliirstooil at the Ticasiuy Departiiu-ut. ami has boon (liiriuij; the ]ia.st tbm years, as th« seal i)irates have lUseovered to their eliagriii and disLoiiiliture.'' (IJ. S. U'th (Viisiis, vol. S, Fur-Seal Islimls. j). loT.) Waivin;;' tor the iiionient the jjciieral ol)jectii)ii wliieli iii;iy be raised to tin eiitbrce- meut ot such a priiieiple on tiie hln'h si'c— iii eiiforeumeiir which tiui I'nited States, in the interest of tlie Alaska Kiir L'oinpiiny. appear to have undertaken — th'» facts niton whicdi the assuiniition are basrd may be (lne^tionell. Mr. Elliott, in fact, hini- sidf writes, on the siuu' pay,)' i referririj; to the presence of a la.rj;e soaiiuii fleet in Hehrinsf Seal, t!;at it could not fail "in a few short vears in so hurassip:;- ami irritat- inj; the brecMlinu; seals as to canst; their withdrawal from the iVIa-ika rookeries, and [irobable retreat to those of l\ussi:. — a soiirci; of undonbted Muscovite delij^lit and iMUolnuHMit and of e(ivrnsi)oudiun 'oss and sh irne to us." This reiiKirk implies that the se.ils may resort to either the I'riiiylov or the Ru.ssiaii islands, accnrdin<^ to circumstances ; and who is to jml.^-.-. in the case of a |iarti(!ular aiiitnal. in which of these places it has been born .' The old theory thai the seals returned cacdi year to the same spot has been amply d!s)u'oved. Elliott himsidf ad- mits this, and it is (•outirmed i((|>. cit.. p. :U t by ( 'apt. Charles Ibyaiit. who resided eijrht years in the Pribylov Isl.uids as rb)verinncut .lirent, and wiio, liaviiii; markcil Uiil Heals in 1^7(1, on St. I'anl Island, recoifiii/.i-d, the next year, t oi tlicm in diifereiit rookeries on that island and "2 on Si. Georjfo Island, i Monoijraidi on Xiuth American Finnipcdes, Allen, ISSU, p. 4i)I.) It i.s, moreover, by no means cei'tain that the fur-seals breed exclusively on the JJnssiau and Fniteil States seiil islands ot Ibdiriiij;- Stja. thon<;li the.se islands are no doubt their i>rineii)al and imjiortant breediiii;- plaiM-s, They were formerly, according; to Captain Sliaunun, found in considcr.ible numbers ;>n thi! coast of (jalifornia : and C'apt Biy;iut was credil)ly intormed (•• .Marine .Mammals of (,'oast of Xorthwest N'orth America," p. lovJ, lol, (jiioted by Vll-'U, op. cit., p. 'XVii of tlie existence in leceut years of small breediut; colonii's of these auiinals on the l^ueeu Charlotte Islands of Hritksh Columbia. Mr. Allen further (piotes from the oltservations i)f Mr. .fame.s G. Swan, Held assi.staut of the IJniWvl .'^taies Commissioner ot' Fish and Fishcric.-.. " Mr. Swan " (I quote from .Mr. I'.lliott^ •' has passed nearly an aver.iijie lifvi-tiuie on the Northwest coast, ann the ojteu ocean. olV Fuca Strait, is well established by the evidence of every one of the se.'iliiiy; captains, the Indians, and my own personal observations. Dr. Power says the facts (lo not admit of disjinte. * * * It seems ,s preposteroes to my mind to ^appose that all tin' t'ur-seals i>f the North Pacific go to the l'ril),\lov Islands as to suppose that all the salmon go to the Columbia or Fiaser Kiver or to the Yukon." To this Prof '"* S. Jordon, th(> well-known naturalist, adds : •' I may remark liiat I saw a live fur-seal imp at Cajie Flattery, taken t'roni .vu old seal just killed, showing thitt the time of liringing them forth was.jnst at hand." On the.se statements Mr. Allen himself remarks; •'These observations, aside from the judicious suggestions made liy Mr. Swan, are of special iut'M-cst as eontirmine those made some years ago by Captain Hryaiit, and already brieily recorded in this work. Tiicy seem to show that at least a certain niim- l»er i ' fur seals repair to se(du(le• open sea otf lli(> 'North Pacilic coa.-;t is a coniparadvidy new dep.'rture. while it i- as a nuittcr of fact, morally eertaiii that the Iinlians of the wl, >le length of that co.ist liave pursuetl ami killed these animals frem tiie.c immemorial, As the value of the skins h.ts. liowi ver, reei:ife moilc of hunting seals in canoes tunployetl l>y tlie ' idi ins id' N'aiicouver Island, and refers to the capt- ure of seals i)y the Indi.nis otf th -^tiaits ot Fuca, where, he adds, they appear — "Some years as early as the 1st of March, and more or less rcm.ain (ill .Inly or Au- gust, but they are most plentiful in April ami May. Durin;/ thrtst tiro moiith>i tho Indiann devote nviirlfi all tlwir time to nealinij when Ike weather will pei mit." H. Ex. 450 i I.I .n SEAL FISHERIES OF BEHRING SEA. Ill III l.'^4:! to 1-til "Illy a iVw (Io/cm skins ai'i- known to linv(>liiM>n taken annnally, buc ill l^G'J I'lilly .'i,(iii(t \v(.Tc olitauKd. Mr. Allrn. writing in lr;-n, Htatfslhat — " IJurin^' tlif winter months eonsidiTiilde numbers oC seal-skins are taken by tin natives of British (.'ohiniliia, sonu'. years as many as '^,0(1(1." (Allen, up. (iL,i>\). 3;i',', :j71,411.) The protectioi; ot the fnr-seals from extermination has from time lo lime been .si)e- cionsiy advanced us a sntlieient reason tor extraordinary departures from the respect u' iiaily p.'iid tojirivatc ))roperly and to intennitional ri;;lits ; but any pi-otection based o!i the lease of the lireedin^; uroimds of these animals as j)laees of slaiif;hter, and an attem})t to jireserve the seals when at large and spread o\er the ocean, an they are dnrinj; I lie j^reater part of each \ear, is unfair in its ojieratiou, unsound in principle, and iiiipiacticable in enforcement. Hefeniiig to the interests of liie Indi.'.ns of the Northwest coast, it is true that a certain number of Aleuts now on the I'ribylox- IslandsiHUH iii all. aecordiiin to Elliott) are dependent on the sealinj; business tor subsistence, but these islands were uninhab- ited whtni (li.seovertHl by the linssians, who brought these ]>eo)dt! hero for their owu convenience. Further south along the coast the natives of the Aleutian Islands, of the southeast coast of Alaska, ami of the entire coast of British Coliimbiii lia\(' been, at.il still are, accustomed annually to kill considerabh^ numbeis of seals. This it winild be unjust t" iuteit'ere \\ ith, even were it possible to (!arry out any regnlations with that eftect. The further dcvelo])ment of oceanic selling atl'ords eiiipioymcnt to, and serves as a mode of advaiK'einent •■ind civili/aiion for. these Indians, ami is one of the natural industries of the coast. No allusion need lie ni.ide to the prescriptive rights ot the while sealers, which arc well known. The nnsoundness oi this prim ijde of conservat ion is shown by wliat has occurred in the southern henii>p!icre in resjicct to tlit^ fur-sejils ol that region. About the begin- ning of the century very productive sealing grouiuls existed in the Falkland Islands, Kerginden Islands, (Georgian Islands, the west coast of I'atagonia, and many other ]daccs similarly situat<'d, all of w Inch were in the course of a few years almost ah.so- liitely stripped of seals, and in many tif which the animal i^: now ))r;ictically extinct. This di'struct ion of the s-uithern fur-se;iling trade was not cansv'd by prondscuous sealing at sea, but ''ntiicly by huiiiing (ui and around the shorts, and, had these islands been jnotcctcd as breeding places, the fur-seals would in all probiibility be nearly as abundant in the south to-day as they were at the date at which the trade commenced. The im])racticability of i>reveiiting the killing of seals on the op(Mi sea and of effi- ciently patrolling the North Pacific for this purpose is sutiticienlly olivious. The seals, n'oreover, when at sea (in marked contrast with their boldness and docility in their breeding places), are <'xtremely wary, and the number which can be obtained by legitimate hunting at sea must always he small as eomiiare.d with the, total. lOlliott, in tact, states that the seal, w hen at sea, " is the shyest and wariest your ingenuity can detine."' {Op. cit., p. (J."). ) The jiosition is such that at the present time the ])eriietuatioii or the exterininatiou of the t'lir-seal in the North I'.iciticas a commercial factor piai'tically depends entirely on till' regulations and restrictions which may lie .applieil liy the I'liited Stales to the I'ribylov Islands, and now that this is nndeistood a regard for the general intei'estof its own citizens, as well as for those of other countries, demands that the exterininatiou or serious deiiletion of the seals on their breeding ishr.ids should be prevented. It is l-robably not necessary for this |)iirpose that the killing of seals on these, islands should be entirely prohibited. Both lOlliott ar./i Bryant show goou reasini for believ- ing that a large number of seals may be killed annually without reducing the average aggregate nninbir which can find suitable lireeding grounds on I liese islands, and after the very git>at reduction in nun.iMTs whiidi occurred, owing to an inclement season about l^'M' (I'dliott 1. or 1-1"J (Bryant), the seals increased scry rajiidly again, and ill a few ye;iis being nearly as numerous as in Ir'.i, when the total number on the isl- ands was estimated at over 4,7011,000. By retainiiigan ellicieiit control of the nimiberof seals to be killed on the Pribylov Islands, and by lixiiig this number anew each season in accordance with eircuin- stances, the Fniti il States (I.veiiiment will be in a ]iosition to counteract the effect of other causes tending to diminish the number of seals, w bet her climatic or resulting from the killing of a larger number at sea. There is no reason lo ai>preheiid that the number of seals which might thus lie s.'ifely killed on the isliinds would under any (ur- cninstances be so small as to fail to cover the cost of the administration and jirotectioii of the islands. If such ;i policy as this, based on the common inten^sls in tin* preser- vation of the seals, were adopt<'resiiniiihly aecii- lale observations whieh have been made on the habits of tiie seals show that (luring the entire br ediii;; setison they are veiy elosely confined (n tho immediate shores of the breedin,,- islands, and thai ni'ither in arriving nor in departing from thesi- islands do they for n schoids or aiijiear together iti such nnmbeis as to tender |)r(tmiscuonH >langhtor at «ea possible. The old biill.s aclually remain on slion- during the entiro breeding season, wiiiio the femaiis. tluuigh leaving tlieiv yoniig fi ;n time to rime for the water, arc described its haunting the immediate vicinity of the shores just bi'voiul the line of surf Evon the ba( helor seals (Elliott, op. cit., pp. 4.'*. (il et panniiu ; \llcn, op. cit., p. ;W(!), which constitnte ti distinct body while ashore and aie not actually engaged in breeding or protecting the young, are said to remain (dose to the slioio. If, however, any seals are to btf fonnd at this time going to or retnrning from the >ea iit some distance fr' .n land, lln-.^e liclong to the '• baiditdor " ( lass, whiih is tho very class sidecti'd for the killing by the fnrcumpany. 'J'he yonng temales. after leav- ing the islands in the year ot tlicir liiith, do not ri'tnrn at all till .iffcr nai bin;,' ma- inrity in tlieir thinl year. (Allen, up. cit., p. -lO'J.j The evidence obVaincd by (Jajitain I'.ryant shows that while ••small groups of small M-als (apparently one and two ,\t;ars ohlj" a'c met with at large in Hehring Sea dur- ing Jul v and Aiigiist, no considerable nnmbersof schools are to be found. (Allen, op. ■ it., p. '-411.) It is thus ap]»aient that the ))erfert security of the seals actually -.ignged in breed- ing and suckling their young m.'iy be secured without extending the limits of jjiotec- lion beyond the usual distance of 15 miles from the slioi-cs ot' the breeding isljirds. I)ut that (or the put pose of increasing the III cil it i>',s ot' supervision a Miime what nider limit might reasonably be accorded. Possild\ by di'lining an .srea incdox^d by lino ioining ]pointH '.\ miles oil' the extreme he;idlaniN ,iud inlets of the rril>ylo\ gr(mp. an ample and unol:.jection;iblc area (d' jtrotect ioc. might be estaliii^hed. It is allowed ly all mitur.a lists that ■ he habits of the fur->-eal sof the s /'or a mile ■ mmer(dal point of view, to kill the seals during the ]H'riod of their approximate conceiitrati(Mi for migration or when in Hehring Sea. This is the period fixed byn.atu.e during whiidi .seals may be taken, ami any arti- ficial close .sciison can l)t> elfeetive only if ai>plied to the further curtailin nt of the time at whiidi it is possible to c irry on the lisliepy. It may be assumed, therefore, as Mich a close season for seal hi.uiingat .sea must be purely arbitrary itid artilicial, that any do.se season jiroposei' by the Cnited States or the lessees id' the seal islands will be (diosen entirely iu the interest of sealing on shore, and so arr.iuge.d as to len- der the time of sealing on the open sea as short and unprolit.ible as possible. It is thus iinporlant th.it the sea-going sealers shoiihl at least h.ive an eipial voice in the matter of the time and duration of a do.se jteriod if such should be conremplated. (iKomii': M. Dawson. Mauch f), WJO. 52 SEAL FISHERIK.S OF BEHRING SEA. No. i;i. r ill { 'I ? *S'//' 'h(li(ii( P(i}nu('/(tt<: to ^fr. Blaine. \Vasiiin(;ton, Ai>fil ~, ls[\(i. (lUnMnved April 30. j Deau Mr. IJlaink: At tlie last sitting of the* Coiifort'iice on the Behriiif;- Sea Fisheries (niestioii, yon expressed donbts, alter reading the ineiiioranduin ul" the Canadian Minister of Marine ami Fisheries, whicli by \onr I'onrtesy has since boen printed, whctlier any ai'range- nient eonld be arrived at that wonld be satisl'aetory to Canada. Yon observed that the proposal of tlie United States had now been two years before Tier Majesty's (iovernnient, that there vras nothing fnrther to urge in support of it; and you invited me to malce a counter proposal on their behalf. To that task I have most earnestly applied Uiyself, and while fully sensible of its ^rcat difliculty, owing to the contliet of opinion and of testimony whicli has manifest. I itself in the course of our discussions, I do not despair of arriving at a solution winch will be satisfactory to all the (loveriiments (loncerned. It has been ad- mitted, from the commencement, that the soh» object of the negotiation is the preservation of the fur-seal species for the benetit of matikind, and that no considerations of advantage to any particular natiop, or of benefit to any i)rivate interest, should enter into the question. Such being the basis of negotiation, it wouhl be strange indeed if we shoidd fail to devi."e the means of solving the tiilliculties which have unfortunately arisen. 1 will proceed to explain by what metliod this result can, in my judgment, be attained. Tlie great divergence of views which exists as to whether any restrictions on pelagic sealing are neces- sary for the i)reservation of the fur seal si)ecies, and if so, as to the char- acter and extent of such restrictions, renders it impossible in .jiy oi)in- ion to arrive at any solution which would satisfy jiublic opinion either in Canada or Great Britain, or in any country which maybe invited to ac«!ede to the proposed arrangement, witiiout a full inquiry by a mixed commission of exi)erts, the result of whos«^ labors an«l investigations, in the region of the seal fishery, would pioi>'ibly dispose of all the points in dis])ute. As regards tiie immediate necessities of t':ie case I am prepared to recommendtomyCxovernment for their approval and acceptance, certain measures of precaution whicli might be adoiited provisionally and with out prejudice to the ultimate decision on the points to be investigated by tlie commission. Those measures, which I will explain later ou, would elfectually remove all reasonable apprehension of any depletiou of the fur seal species, at all events, pending the report of the commis- sion. it is imp(»rtant, in this relation, to note that while it has been con- tended on the part of the United States (lovernmrnt that the «lei)letion of the fur seal species has already commenced and that even the exter- mination of the s[)ecies is threatened within a measurable si)aceof time, the latest reports of the United States agent, Mr. TiiigU^, are such as to dissipate all such alarms. Mr. 'Jingle in 1887 reported that the vast number of seals was on the increase and that the condition of all the rookeries could nor be better. In his later report, dated July .Jl, 1888, he wrote as follows: I am happy to be aljJo to report that, altlioiii^li late landing;;, the l)ree(l t; rookeries an- lilled out to t iio jiues of ineasnrcmeiit heretofore miulo ami .some ol tiiem much l»ev. 111(1 those lines, showiiij; coiichisivoly that .seal life is uot being depleted, but is fully up to the estimate giveu in my report of ltfd7. SEAL FISHERIES OF BEIIRING SEA. 53 Mr. l-:iliott, who is fivquoutly apjRMlod to as a fftrat avUliority on the subjcAct, alhrmsthat. sucli is the iiatuial iiicroasc of the fur-soal sixMMe.'i that these aiiiiiials, were they not preyed upon hy killcr-wha.h's (orca fthvliator), sharks, and ^^^' • suUiiiarinc foes, would iniilti|)ly to such an extent that "Behrin;^- Sea itself ntidd not contain tlieni.'' The Honorable Mr. Tnpper has shown in his nji'nioiandiini that the destruction of seals eauseil by pt'layic s<'alinc; is insi<«iii(1(!ant in eoni- ])arison with that caused by their natural enemies, and he f^ives lip:ures exlHl)itinj.- the marvelous iii.reasL' of seals in spite of the dei)iedations complained of. Again the destructive nature of the modes of killinji' seals by si)ears and tire-arms has a[)parently been i^reatly ex agjjre rated as may be seen from the atTidavits of ])ractical seal hunters which I annex to this let- ter, toffetlier with a continnatory extract from a ])aperupon the " Fur- Seal Fisheries of the Pacific ("oast and Alaska," piepared and jtub- lished in San Francisco and designed for the information of eastern Tnited States Senators and ( "onyiessmen. The Canadian (iov<'rninent estimate the ])ei'centa<;e of seals so wounded or killed ami not recovered at ecies should take i)!acc, even il the existing;' con- ditions of i)plagic sealinfi' were to renmin uiichaii<>easses of the Aleutian Islands ; secondly, the destruction of female seals by marauders surreptitiously landing on the l>reeding islands umler (!over of the dense togs vvhicli abnost continuously [>i'evail in that locality (luring the smnnier. 31 r. Taylor, another agent of the I'nitcd States (ioxernment asserts that the female seals (called cowsj go out from the bi'ceding islands every day for tbod. The tbllowmg is an extract from his evidence : Till' cnwis i;() to iiiiil !•'> miles ami cn t-ii t'artlit'i'. I do imt know the av<>ra;^e ol' it — ami tliey arc j^oiij^' ami CO iiiii;^ ail llic iiiorniuir fiml cvciiiny:. I'lic sea is bluet; with them ronml alxmt the islands If tI;;M'> is a little t'o^- and thoy yet (.nt half a mile from shoi'c \vi' can no! kco ,i vessel Idii yards e\en. The vessels themselves lay around the islands there wlic/e tln-y pick up a j^ood nuiuy aeiil, aiul there i.s where the killing of cows (leciirs wl, en they ;;o ashore. Whether the fem de reals go any distance from the islands in ipiest of food, and if so, to what distance. ar(* cjuestions in dispute, but iiend- ing their solution the regulation which 1 propose against the approach of sealing vessels within 10 miles of the islands for the prevention of surreptitious landing i>racticallv meets Mr. Taylor's complaint, be it well fouinled or not, to the fulh'st extent: for. owing to the pievalence of fogs, the risk of capture within a radius of 10 miles will keep vessels otr at a much greater distance. This regidation if acceitted by Her Majesty 's Government would cer- K 54 SEAL FlSlIliKIK.S OF JJKIIRINC- SKA. 'I ! tuiiil.v iiianitVst a Irii'iidl.v dcsiie on tlieir part to co-opoiati; witli ycmi' (l(»v»'niiiu'iit and that <»l K'lissia in tlic jirotcction of their rookcfi* s ami in the pii'vcntion ot any violation <»!' tlic hiws ap])li('al)h^ thereto. I liave the honor to ineU)se tlie dranjihtot'a i»reliiniiiary convention whi"h J liavc i>repared, providing; for the appointment of a ndxed eommis- sioii wlio are to report on eertain spceilied questions within two years. The dran^ilit embodies the temixmiry re^iilatioifs above dese-ribed tofiether witii other ehinses which appear to ine neces.sary to ^ivc i)roper elfect to them. Altiion^h 1 l>elirve tliat it woiihl be siillicient dnriny the " migration periods" to prev(.Mit all seabiij^' within a speoilied distance from the passes of the Aleutian Islands 1 have out of a iiii(l to |)eMnJgou(l and due inn, have ayit'cil upon tlui lollowiiij^ articles: Abtklk I. MlXICn CUMMISSION or EXPRIITS To MI, Al'i'OIXTi:i>. The Iliyh Contra('tin<;- Tarties agree to appoint a mixed conunission of expertH who shall incpiirc fully into the .subjeet and report to the High Contracting I'arties within two years from the date of this con- vention, the result of their investigations together with their opinions and re(!oniniendations on the following questions: (1) Whether regulations properly enf<»rced up(»n (he breeding islands (Robin Island in tlie Sea of Ochotsk and tlu' ('oinniander Islands and the I'ribylov Islands in the IJehring Sea) ami in the territorial waters surrounding those islands ar»i sullicieut for the preservation of the fur- seal species ? (2) If not, how far from the islands is it necessary that such regula- tions shouhl be enforced in order to i)reserve th(! species ? (3) In either of the above cases what should such regulations i>ro- vide ? (4) If a close season is required on the breeding islands and terri- torial waters, what months should it embrace ? (5) If a close season is necessary outside of the bre*'ding islands as well, what extent of waters and what period or periods shouhl it em- brace ? AllTICLE II. ON HECKIPT OK HEPOUT OP COMMISSION' QUESTION OF IX rr.KXATION.VL REGULA- TION'S TO Jii: lOUTIIWITH DETEHMIXID. On receiptof the rei)ort of the Commission and of any separate reports which may be made by individual commissioners, the High Contru'ting Parties will proceed forthwith to determine what international regula- tions, if any, are necessary for tlit pur[)ose aforesaid, and any regula- tions so agreed upon shall be embodied in a further Convention to which the accession of the other powers shall be inviteOth parallel to its i)oint of intersection with the lOOth meridian of lon;;itude west from (Jreenwich. Article VI. • CI.OSK TIMK. The snbjectsand citizens of the Ilijih Contractin<;' Parties shall be pro- hibited from en^^aginfi" in the fur-seal lishery and the takinuof seals by land or sea north of the seal llshery line from the 1st of" May to the 30th of Juie, and also from the 1st of October to the .'JOth of December. Article VII. J'lU'.VENTIOX OK MAKAl DKRS. Dnring the intervenin,u' period in order more etfectively to prevent the surreptitions landing of maranders on the said breeding islands, vessels engaged in the fnr-scal lishery and belonging to the snbjects and citizens of the high contracting i)arties, shall be, prohibited trom ai)proaching the said islands within a radius often miles. Article VIII. FfRTHEH PHOVISIOXAL UKGri.ATlONS. The high contracting parties may, pending the report of the commis- sion, and on its recommendation or otherwise, make such further tem- porary regulations as may b< deemed by them expedient for better carrying out the provisions v. his coiivention and the puri)0ses thereof. Article IX. PEXALTY FOH VIOLATKiX Ol PHOVlSIoXAI, RKOrr.ATIONS. Every vessel which shall be tuund engageeloii<;\ who sliall alone liave Jiir.sdictioii to try the ol'lViicr iuxl impost' ilw pciialtieH for tlie same. The witnesses ami proofs necessary to eistablish the of- fence shall also be sent with them and the coui't ailjudicatini,^ upon tlu- case nniy order such portion of the lines imposed or of the iiroeeed.s of the condemned vessel to l)e applied in payment of tlie expenses occa- sioned thereby. AUTICLE XI. RATH'ICATIkX. rOMMFNTiniKNT A\l> IHliATIoV (,]• CONVKNTION. This convention shall he ratihed and the ratilicatioiis shall h«^ ex- changed at in six'montiis from the dale thereot or sooner if possi- ble. It shall take elfect on suidi day as shall be agreed upon by the high contracting parties, nnd shall remain in force until tlie exi»iration of six months after the date of the report of the commis.sion ol experts to be appointed under Article i ; but its duration may be extended by consent. AlJTlCLE XII. ACCESSION or OTIIHK I'OWEKS. The high contracting jtarties agree to invite the accession of the other i)owers to the present convention. [Tnolosure 2.] [ t.xtract from ))aniiplilft entitled •• Fur .Seal Fisheries ol'tlie racilic Coasr aiiln)ot at it several times in order to j;et it, as the seal iu the water exposes only its he.id, and when fri^^htenod e\])Osesonly a small portion of that, so that to;:etlier with the constant diviner of the seal, the motion of the boat, etc., makes it \ery hard to iiit. This is where it is claimed that ten are shot and wounded to one that is secured; but it is nearer the truth that one is lost to ten that are secured, for the reason that when a seal is wounded It can not remain under water any ienj^th of time and therefore the hunter can easily follow it iii) and secure it. THOMAS HOWE. In IS^H. oil board the Tho-is.a .md I'aihfhider. 1 ;iot for the >easou Ijit? seals and lost alxuit W. In H.-'7,on the schooner rvutU>iiiA i^ot .'.lo and lost aliout :!(i. In 18-^8, on tin; Lihj J.ad, I got ;UG and lost I'J. In l-^."".t. on board the J'ivn, 1 not f.^^T and lost 27. T'tcMAS HoWK. IliKUF.IUi K (,Il.ni:i!T. I am aseal hunter. I ha>'e been fouryears on board sealing vessels: one year I was a lH»at rower and three yet.rsa hunter. 'l have always been with white hunters, and have used the shot-^iin and rille for shootiuu' seals. In ISri? I got.")!-* seals and lost II: iu I"'"' I -iot ^144 and lost .'>: in 1^83 I got 4r>4 and lost IC: or in the three years I got l.'.'Hi and lost :',.'.. or "JJ- per cent. I never shot or saw pups witli the cows in the water, nor have I ever heard of such a case. Some hunters lose a few more than 1 do, but the most nuliirky hunters i have met with did not lose twice as man v. FUED. GlIJlEKT. VlCTOiJiA, Britlsh Coi.umiua, Septemher V^, I'iS':). r^ mmm 58 Sl^AL FISHKKIIvS OF ilElIKLNO .SEA. lAl'l. W 1 1. 1, 1AM O I.I.MiY, I am a iniistrr iiiiiriiitM', and have I)immi seal liimtiiiy' mi tlm I'McilM! coast Cinii' vfiii.s, tlin f whicli I was in IJi'liriuir'H Sea iis well, niic year i liiul Imliiui liiiiittTs niily, ami the tlirt'f yrai-H I liati wliiti- limilcrs dnly -all ou llio Mchoniior I'ltllil'niilvr. My i>x- pciiciici) 'vitli Iiiiliaii liiinli'iM is tliat they losr iiuiii'— at most a I'mv — nrthc seals tlicy siii'iir. 'I'lif s|i(>ars an- •' iMsirtifd, " Noiiit' with (Hid, sdiiic with two hcarils, ami once tlio sfal is siniiU, caiilm'K is ccriaiii. White hiiiiliTs use sliol-;;iiiis ami rilles, accoi'iliii}; to rllHtaiKiH iiml stiito ol' water. On smiiotii water ami at Icn^- ranges tin- iilh' is i^eiierally used, 'mt the majority of hniiteis use the shot-;;iiii, and the ^jreat majority ol seals are shot with kh"'*. 'I'lie nnnil>er of seals lost liy w liile hnnteis does not exceed six in one hnndred, and many hnntiM's lose nine It less than that niimher. About half of tlio seals taken aloiin tile coast are (!ows, and iieihaps two-thire cows with youui;. In li(diiin;;'s Sea the av««raKi' of cows with youn;; killed will not aveia<{c om- iu oui' huudreil, for the reason that as soon as the cow> leach I he sea I hoy ;;o to thi' lireedintf isl;uiils, where t heir yonns^ are hoi'n. I never saw cows in the wiiter with their vouii'j, with them. 1 do not think there is any diicrcase in the numlier of seal entei'ine' Mehrin^j's Sea. I ntivcr .saw so the coast as there were this year: and in Hehrine;'s Sea they were This year 1 sliot lorty-four seals and lost many seal alon more iiumeron.«j than 1 ever saw lict'ore. one. ViC'TdiM.v. Hiuiisii C(ii,i .MiiiA, Scitliinbir 12, l-*-*d. Wm. O'Li'.AiiY. CAJ'TAlX SIKWAKU. I have heeii a master sealer for two years. In HS-^ I ccuuinanded the .Irdiimih am^ iu l'~J the WallirL. /i'((7i,and during; l)oth years .st'aled aloiit; the coast frmn ott Point Northward to l{e. TIuj seals lost hy wiiite hunters after bein;; shot or wounded do not, on the lower coiist. exceed six in one iiumlred, and on the Alaska coast and in the Heliiinu's Sea not over four in one hundred. On s.iilin;; I j^encrally take ten per cent, additional ammunition for waste shot ; that is, if calculatiui; on a catch of iJ.OOd seals I wonid tiike ammunition for ',i,'A0O shots. That was double the excess the hunters would c(msider m^cessary ami I never knew thiit percenta^ic of waste shot to be used. 1 never saw a female seal with hei' yoiinjj; besidt! her in the water. Out of catch of [,\^2'^ seals this ye.ar I had only oo seals under two years old, i. c. between one and two years old. Wlien at Onmilaska this year I learm-d that the Alaska C(unmercial Company last year littt^d out two small schooners, bel(uij;iiiy; to private piirties, with larj^o deep nets several hundred fathoms Ion;;', which were set across the passes fri)Ui Hi'hrln<;'s Sea for the purpose of catching younj;' seals. One of these s(diooners '/ot 7(H) of these young seals about four nu)nths old, and .sold them to th<^ Alaska Commercial Company at .s2..'ii) apiece. A schooner, tht^ SjHnKrr /■'. lUiird, Id or I'J tons, was then at Ounalaska titting ni* to go to Akontan I'ass for the sami- purpose this fall. The law forl>ids the killing of all fur-bearing auiiiials in Alaskan waters by any hunters except the natives, yet such is done every year at Kodiak. Saiiaka, and the Aleutian I.slands by white hunters, lifted out by the Alaska Commercial Company, under the agreomont that the fur.s must be sold to the company. II. F. SlKWAKI), }f(ixlir Jniviirnii SvhoDitcr H'olltr L, Rich. ViCToniA, IJitmsii Cklimuia, AuijuHt 10, la^'j. GEOltliE HOWK. My first year's sealing, lf^"<(), was on board the Tlivresn, from San Francisco to Victo- ria. We left San Francisco on the "JDth .January, and arrivisd at Victoria on the 7th April. I got l.')'.l seals, of which 1 lost about 7. 1 u.sed a .shot-gun i)rincip;illy, the ritie only for long range shooting, .say from :{i) to (iU yards. At Victoria I left the TUcfitu and Joined the l'atlijinii(|«> iiscdw in tlic water. AliDUt (tnctliiid ol' tin- Mcaln laUm mi tlic cuast am cows witli iiiip m caiMldi' ni' licinjf with iHiii. In IJfliriiiji'n Si-u I ^ni Idurctiws witli |iti))s in tlit'hi. (Ji:nl!(il IIiiWK. wit, I.I AM IKWIMI.S. ! have Imcntiiri'i) y<>iir.s liiinlinjr Hcal.s (in llio I'aciCK' const iind in Mdiriiijr'.s 81 a. In l^-<7 I wan on Itounl tlio soalinj; HclioontT I'dnmrilf, in I*"'- on tiic lira, and in l--'.* (Ml liourd tlic Trill III jih. In t-acli year tlit^ vmstd I was on iMitficMl tlu^ IJclirlnu's Sea (•ally in .Fid,\' and lid"! tlic sea tlic latter ]i;irt of .\n;rnHt or carl.N in Si'|dcnilicr, except I Ids year, w lien the Triiinijili Idt the sea on iln> 11th .Inly niider threat of mm/, 11 re, after icanduMl by the I'liitcd Stales cutter llii'ili. In H"'* the hunters I was with were jiarllN Indians and p.irl ly whilt!s. In the two la>t years tlie hiinlers were all wiiit.es, :isine shot e;iins and rillcs. The- lilies were used hy the more e\|ici'icnccd hunters and lietter shots lor Ion;; fi'ii;;*' >h<>oiinu, up to luo yards, Init lew hunters atiein|)te(i iliat raiiffe The K"'"''''i1 I'ii";;;'' l«>i' rillcs is not over .'iH yards and most ^hot.s arc aiadc at a less rail};*'. A low hunters used the rille for all di»tanc(fs. I nsod tdtlier rille or sliot-nnn. ac- cordiii^V to tiie distance and pofiltioii oCthc seal and fin' cimdirion ot' the water, My lirst year I i^ot ahont foar hundred seals. In ;;ertiiii; this nnniher I tailed to captnroahont twenty-live shot .at. or killed 01 wounded, lint which cscaiicil. in my second > oar I ;;ot o\-ci Tr c hundred, .•iiid lost ahont thirty, 'i'hisycar I j^ot one linn- dred and forty, and lost only one. I have frc(|iiently sho* t'roin two to live seal in a hiiiudi, and c;ot them all. One day in IS"7 I ^jot two hniudii's of live oaili, iiinl an- other of four, and j;ot the whole tonrleen. Indian hunters nsesiicais. and cither j;ct every seal they Jhrow at or ir (••'capes nn- liiirt, or but .sli^fhtlv wdiindcd. Indians, it can be safely said, ^I'f <'verv seal thcv kill. Oscar S(;iirr, a iiiinter on the Vim, in l^H^^ jjot over si.v liiwidrtMl seals, and lost only about twenty. The avera^i^ niimbor lost by white hunters do(!s not e.Kcfed six in one hiiiidrod, and by the Indian not six in one thousand. I have never shot, nor lia\(! I ever seen, ij female seal with a yonn;^ one beside or with her. It is very sel- dom ii feiiialt^ is kill»Ml in ]?chrini;'s Sea carryiii;; her >(iiin;i with her, and out ot' one thousand killed on the coast earlier in the s'-ason less than om-third arc feinahjs carryiii;^ theii- yonn<^. W.M. Fi;wiN«i.>*. ViCTOKiA, Burri.sii Collmiu.v, Ainjnsi •.•, l-i-'j. WAU'ER HOL'.SE. I was a hunter ou the schooner iVitltir L. Hirli on her s(ialiiiiit voyaue this year. It was my tirst year on thi^ I'acilic coast, Imt I had seven years' exptrrience on the Xcvv- foniidlimd coast catchinj; h.-iir-seals. This year on tin? A'/'c/i I ;iot oik! hmidrcd and ciorjity-live s(Mils and lost live, whiih sank before I reached them. 1 used a shot-s^iin. Tli(! hnnt(!rs on the Itiili lost about the same proportion, siunt> a lew more, some hjss. I never saw a cow seal in the water with her \iinnii' bcsid(> her or near her. nor ha\e I (iver heard of such a (jase, WALli.i: I1m(.:se. VICTOHIA, IJlilTlslI C'oi.f.MllIA. AlKliliI 1(1, H-",). .IAMI> WII.SdN, I was carpenter on board the scalin;;' schooner Triinnjili on her voyaj;e this year. One of the linnters was dro'vned Just before eiiterine- B(dirin!i"s Sea, and I took his place, I was out hunting; .eals .•iliont a w yards, i lost one seal throueh the careless- ness of the boat hands rniiniu"- the boat over the seal, which sank directly under the boat. Mo.st of seals lost by hunters are shot at hmj; ranjies with '.he rillo. One hunter on the Triumph this year got over sixty .seals and only lost one. 1 never saw a cow seal with lieryonnj: beside her. Outof the twenty-three 1 got, live or .six were cows carry - ill}' their vonnij. .Ia.mes W iixin. Victoria, British Colimbia, Aiujh^i 0, 1889. rh i 60 SKAT. FIMIIKRIKS OF HKHinNO SEA. CAIT. J. I>. WAIIHKN. I iiin ii iiiaMicr mariin'i. iiinl liii vt' litMMitictivfly ciiKaKt'il in ilic ilfcp hoii MtMiIliij; Inmi 1U"*H lui' twfiitv ycaiM. 1 liavc iiwiioil ami coriimaiiili'il m^iliiin \ cssi-Isom \i)\ aj^t's aloii^ flir I'arilic cKiisI /roiii 17 or [•* iiorlli laf itinli' t(» r>ii or oT iiortli lalilu(l»^ within I'h'Ii- iiii; J^'""- I liavc ^.'ciuM'aliy finiiloyi'd Indians fxri'|>i in I'h'Ii and l-"'/, llif last yraiH, I was out, wImmi I jiad wliitf Imntcrs a.s wrll, U'lulo linntcrM nsc rilli-s and Mliolj^nns tMitircly, Indian Inintrrs use Hiicars. Hnllt^ts wni;L{liin;;rroni ii'Ml to |()!l jriainn arc iisi'd witli rillcH, and on!iiiar.\' InicKMliot with ;innH. Itotli rides and sliot;;nn^ arc lircordi- loadiiiLj and of tlic lirsi make. Seals arc approarlicd l>y tlio linnlers in lioats, to Id oi l.'i yards, l\in;i ;;cncrally asleep on llm wati-r. I'rciincnfiy seals are taken alive wketi asli'fp, especially iiy llie Indians, who, in llieir canoes, ;;ci within Ironi a speai'- lin;j;lh (1 1 or l.M'cet ) to ;!(i (ect liel'ore tliey tlirow. Indians randy lose a seal tliev strike, and if one escapes it is always hnt sli;;!itly woMiidcl. Of^eals killed liy while Ininters, piidiaMy not over in per cent, are killed with rille, wlii(li is ^{cnerally used lor onl,\ a Ion;; ranj;c. Sealers divide the seals for hunt injf purposes inti> t wo (dasscs, "sice pern" and " feed- ers" or " travelers. .Sleepers " iirc almost ahva\ s slnd at fioni ItMo l."i yards riiii;fe, and are seldom lost. •' l'"cedcis" arc shot iit Just as tln-ir heads emerj^e from the water, l-'rom this fact the ian;:e is always from a few feet to Id'tyards, tlioii;;li few ar» fired ai at that distance, IImiiUm's use m '• i^all," a pole iiliniit 10 or 1'J leet Ion;;, with one to lliree hooks upon it, with which they catch the seal and hnn;; il into the hoat. If the seal sinks, the "y;air"' is rnn down, and the seal hooked np. The M'-itish nealin;; vessels employ more Indian than white linnters. My experience with white hunters is not so e\tensi\-e as will) Indians, Imt from w hat I have seen while cn^ja^ed in seal- ing I can say that not over six in every one hiindrt'd .seals killed hy white liuuterH are lost or escape. Kxperienced hunters siddoin lose a seal : the losses are (diielly made hy iiuixjie- I'ienccd hunters, only a I'tnv of whom are emidoyed, for the reason that as hunters arc jinid so niucdi a skin, inferior men can not make ^ood waj^cs. I have noticed iiodim- inution in the niinilier of seals duriii>f the twenty years I hiivc heon in the husiuess, hut if any jier cent, are females actually hrcfMlinjj; or capahle of hreedin;;'. "Old hulls," " haidielors," "two-year
i;reat majority. Cows actually hreedin^r are very watcdiful, and while on the voyaL;e northward are ever mi the alert, so they are dillicult to take. On tln^ other hand, the other cl;;sses above named make up the ;;reat (dass of •' sleepers," from whiidi fully '.lO per cent, id' I he whole cat(di (d' hiinteis is derived. I never saw or heard oi' a " cow "' liaviii;;- her yoiin)4' hoside her in the water, either on the coast or in lieliriiiif Sea. .1. 1). \VAi!iii;x. ViCroHIA, lllilTl.siI CoLU.MllIA, .idf/K-W 10, l^'K. 'l I No. 14. « The Mfd'tiuix of SnJishurn io Sir Julian J'<(i(n, of the 2.'M Jaiituiry, iiiclo.siiif^- copy of Mr. lilaiiie'.s note of tlie. '2:'a\ of tliat month, in aiiswiT to the prottvst made on ludialf of Her Majesty's (ioveriimeiit on tlie llitii October last, ,a2;ainst tlie seizure of Canadian vessels by the Tnited States revenue-cntter It ash in IJelirino- Sea. The importance of the subject necessitated a reference to the (lov- ernment of Canada, who.se reply has only recently reached ller Maj- esty's* Government. The iie liopc tliaf fin- y Her Majesty's Cjovcrnnient on tiic follow in;:^ionnds: 1. 'I'hat "the (.'anadian vecsejs arrested and detained in i he lJelirin<;' Sea were eii^ja^cd in a pnrsnit that is in itself (•(nitr(t hnuDs iiions — a pnrsnit which (d' nec«'s^it.v in\olve.s a serions and pernnin4'nt injury to tin' rif^hts cd' the (loveiiinient and i»e»)ple tif the I'lnted States." 1'. 'I'hat the lisheiies had iteeii in the nndistnrlicd possession and nnder the exclusive contr(tl (d' iJussia from their discovery nntil iheccs- sion of Alaska lo the I nitc*! Slates in 1S()7, and that from this date onwards until ISSdthey had als« remained in the nnd istui bed ))osMessioii of the I'liited States (lo\ ci iimeiit. .'{. That it 's a fact now held beyond deidal or donbt that the takiiiy of seals in the open sea rapidly leads to the extinction of the spetaes, and that theielbre nations not posHessinj^' tlu' territor.N upon whicli seals can increase their nnndters by natural <,'rowth shonld refrain trom the slan;>hter of them in the open sea. Mr. iJlaine further ar^nes that the lawoftlie sea and the liberty wln'ch confers do not Jnatify acts which aie immoial in themselves, and which inevitably tend to resnlts against the interests and against the welfare of nuiukind ; and he i)roceeds to justify the forcible resistance of the United States Government by the necessity of defendin<;' not only their own traditional and lonf»' established rights, but also the ri;;hts of yood morals and of }jood government the world over. He declares that while the Tinted States will not withhold from any nation tlie [irivileges which they demanded for themselves, when Alaska was part of the linssian Empire, they are not disp«>sed to exercise in t!io possessions acquired from Russia any less power or authority than tlxv were willing to concede to the imperial government of Russia waen its sovereignty extendeil over them. He claims from friendly nations a recognition of the same rights and privileges on tiie lamls and in the waters of Alaska wU'wh the same friendly natitms always conceded to the Eini)ire of Russia. With regard to the first of these arguments, namely, that the seizure of the Canadian ves.sels in the liehriiigs Sea was justilied liy the tact that they were " engaged in a i)ursuit that is in itself co/j^m bonos mores — a pursuit which of necessity involves a serious and i)ermanent injiiiy to the rights of the (rovernment and people ot the irnited Slates," it is obvious that two questions ai-e involved : first, whether the pursuit and killing of fur-seals in certain parts of the open sen is, from the point of view of international morality, an offense anitra bonus mofin ; and secondly, whether if such be the ease, this fact justifies the seizure on the liigli seas and subsecpient contiscatiou in time of peace of the private vessels of a friendly nation. It is an axiom of international maritime law that such action iS()nly admissible in the case of piracy or in inirsuauce of si)ecial international agreement. This principle has been universally admitted by jurists, and was very distinctly laid down by President Tyler in his special message to Congress, dated the L'Tth February, 184.}, when, after ac- knowledging the right to detain ami search a vessel on suspicion of piracy, be goes on to say: " With this single exception, no nation has, 1A 62 SI.AL KISIIKKIKS (»!• HF.IlKIXl SKA. in rime ot in'iicr. any aufliority to detain tlio ships ol' anotlici upon tlie lii;:li xcas, on any pictcxt w iiarcvci', ontsidc f iu» territorial Jnrisdiction." N.'(i\v, the pursuit of seals in tiie open sea, under wiiati'ver eireuni- stanues, has never liitherto Ween eonsidereil as piracy Ity any eivili/etl state. Nor, even if the I'nited States had ;^(>iie so fai' as to make tlie killing oltiir -cals piiaey by llieir niuni."ii)al hiw, wonhl this lujve jus! died t!ie:a in puinsinnj; offenses a;:ainst siu-h hiw ecnnnntted by any pers(»ns (itiu'r ilian their own citizens MUtsich' liu" teiritoi'ial Jurisdiction ol tlie I'nited States, In the (;ase of the slavf trade, a practice whicli the civili/ed world has ayi'eed to look upon with aiihorrcnce tic ri]nht of a'Testin^' the vessels ut anotlu'i' counliy is exercised only by special iid.'i'national a^rceuienl. and no <)nt' ( lovei'nnient has been allowed that ;^eneial con- ti'oi of morals in this re.^ipect which Mr, lllaine claims un Itehilf of the I'nited States in re>:areal huntinj,;. lint her Alajt'sty's (iovcrnment must ijnrsiidM whethtT this i»nrsiut can ot' itself Im' r«'^arded as ronlrtt hi,iins :ti(>rrs. unless ami nntll. for special reasons, it lias bet'-n a;;recd by inteniatio^'al airan;j;em<'nt to tor- bid it, l-'iii'seals ai'c indisputable aii'inals /'( /yr /'^'////v* . and t hese have universally been rejiarded by Jurists :l,•^ /v.v /(/////;'.s until they are canti'ht; no pei'.«.uii, therefoie, (■■in have property in tliein until he has actually I'cduccd tlieni iiito jiossession by capture. It recjaires sometliinji' nu»re than a mere declaration tliat theGovein- iiient or citjzt'ns of the I'liitcd States, or even other countries intei'ested in the sea! iiade, are losers byaceitain <'oiiise ol proccedinj^- '.» render that couise an iniuioral one. Hei Majesty's .(Ji)verninent would dcei>Iy re^^ret that the [)'.i'suil of fur seals (>n tiie hi_i;li seas by r.ritish vessels .should involve even the siixhlest injury to the ]>eop!e of the I'^nite.l States. If the «;;i.",e be proved, they will be ready tc, consider what nieastires can be i>roperly rakt'U foi' the rei"ed> of such iiijurv,, !»ut they would be nnabh on tiiat ground to (♦epart from a piiiicl[ile on whicli fice coinmerci oti the high seas »lepends. The secoiid ai.;i(nient adxanced by Mr, lilaine is that the " fur seal lisheries of iM'hrin;; S a had been exclasivelv c(Uitrolled by tiic (lov- erniueiii ot Kiissia, without interference ami wsfhoui (pnvstion, from their original disc(»ver; until I he cession of Alaska to the I'liited States in 18(17," .iial that • troin IStiT to ISSli the possessi: a, in whi(;h Uussia had be»ui unilis:'-,.bed, was enjoyed by th«' United States (l,overnineiit also wiihout intenuption or intrusion frcmi any source." I will deal with these two |>eiiods sepai'att'ly. First, as to the alle;4t'd exclu.si\ c monopoly of Uussia, Al'rer Itiissia, at the mstaiu'c of the liUssian-.Vmericau I'ur Coinpany, claiiniMJin l.SL'l the pursuits of (jonuc'ice, whaliui;', and tishini; t'roin IJchnui;' Straits to the 5N^ deji'ree oi' north latitude, and not only prohibited all fi»reigii vessels lr>>ni laudinjj^ on the coasts and ishinds t)f ihe above wafers, but also ])re\( nte(l inein trotii aitpmachinu' within 100 miles linueof, Mr. <^>uincy Adjiin.-. wrote as follows to the I'liited Sfa 's minister in Rus- sia : i'lii^ t'liitt'd Sfiid's (Mil ailtiiil III) i>:irt iif tliiH' olaiiin; tlifir ritjlit of na vi^ittioii mill fislif.i;^ jt lu'il't'i't, ai\(' tin- SoMtlit-rii Ocean, snliji-ct only (o the oniinary bx- i'e|itii>iiH and exeliisioMs of tlie territdrial Jiuisilietioiis. That the riylit of lishiuji thus asserted included the r!;;ht of killing fur-iieariny animals is shown by the ease of the Tnited St.ites briy Lntlot. That vessel proceeiled to t!»e waters over whi(!h Itussia clai.Metl up SEAi^ FISHERIES OF BEHKJNG SEA. m ••xcliit-ivf, Jurisdiction fo'. jlic purpose of liuiitiiit;' tliii sra-ottiM', the icilliu;^" (/f wliicii is now proiiibited l).v tli*.^ riiitcil Start's siatiites appli- cable to the rur-scal, aixl was torced to aliaiidon her V(>ya. itiiiiniiiuriaily (;xy tln^ l:i\v of iiatioii.s as hy rlu' stipiilat ions of tilt" lirsl aiticlc of till' coiivi'iitioi) ofl-'il.to ti>li in tliosi; seas, iind ton-suit to tlu; coast 'or i'.u' iirosin'otion of their la\v I'nl coinnn'iri' njion |ioinls not aln'ails oocu- 1 iod. I'rom the speodi of ."VFr. Snmnet when introducing the(piestion of the piirtdiase of Ahiska t»> Congress, if is e«pial!v ••h-ar tiiat tiie ('nired States (Jo\ernment did not reaard ttiems"lves as !)iir('liasiii;i a monop- oly. Ha\ in;; dealt with fnr-beariiij;' animals, lie went on to treat of tisheria is ikiw nntre chtUNuni : all of these nniy be pnisite*! by a slii|t under any May, except directly on the coast or within its territorial linnr." 1 now come to the stateihent that from 1.'^^8(; the poss<'ssion was enjoyed by tlie United States with e*' i:iicrriiptioii and no iiitiiision I'rom any source, ller Majesty's Government can not hut think that yiv. l>laine has been misinformed as to tlu' history of the operations in IJehrinji' Si ;. duiinj;' that period. The instances recorded in Inclosuic 1 in this dispatch are siUlicient to prove fron» ollicial Tnited States soiuce.s that from ls<;7 to lS8(i British vessels were enyauetl ut inti-rvals in t!ie tiir-seal tisheries with Ihe cognizance of the I'inted States (Jovt'inment. I will hereby way of example (juote l)nt one. In ISTli Colle(;tor I'helps reportt-d the littinji' out of expedit loirs in Australia and \'ictoria for the jmrpose ul taking seals in IJthrin^ Sea. while passin,u to a!id Ironi their rookeries on St. I'aid ami St, (leorye Islands, iuid recommended that a steam-ciitier should be sent to the region of Ouninialv Pass autl the islands of St. I'aiil ami St. (hmu'^c. ilr. Secretary iioiitwell inforuu>»t him. in repl\ . that he did not con- sider it exi»edient to send a euiter to inteifere with the opi'ratioiis of tiuei^ners, and stated: "In addition, 1 do imt see that the Lidtfd States would have the Jurisdiction or power to drive otf parties uoin>j nj) theie loi' that jturpose. unless they made such attempt within a marine lea;.;iieol the shore." Befoie leaving this part of Mr. I'd. due's arj^iimeiit, 1 would allude to his remark that ''vessels from other natioiis passiiio troiii time to time throuj^h r>ehriu;4's Sea to the Anfie Ocean in pursuit ol whales lia\i! always abslaini'd fidm taking; part in the eaptiire of seals," which he holds to be |»roof of the reeojLi'nition of riylds held and exercised lirst i»y Iiussia and then by the I'nited States. ICven if the facts are as stated, it is not tt-markable that vessels jiushiuo; on for tiie .short season in which whales can Ite ca))tured in the Ar«;tie Ocean, ami beino- titted specially for the whale fisheries, iu';4iected to carry boats and liunters for fur seals or to eiiyapi in an "iitiitdy ditferent pursuit. The whalers, moreover, pass thrtui^li Ihdirinji Sea for the tislnny grounds in the Arut as it is proposed that this part of the (jaesiion should he examined by a eonindttee to be appointed by the two (jovernnients, it is not neeessury that I should (U'al with it here. Her Majesty's (lovern men 1 do not deny that if all seal in.:" were stopped in JJehiinji' Sea except on the islands in |>ossession (»1 the lessees of the I'nited States, the seal may increase ami multiply at an even more extraordinary rate tlian at ])resent. and the seal fishery on the islaml may become a monopoly of increasing' \alue: but they can not admit that this is sufficient yi'ound to justify the I'liifed Slates in for- cibly deprivinj-- other naiiouH of any share in this iialustry in waNu's whit'h, i»y the rec'o^^nized law of nations, isre now free to all the world. It is from no disrespeci that 1 refrain from replying;" s|)ecili(;ally to the snbsi«liary (pu'stions and arjiuments put forwanl by Mr. iJlaine. Till the views of the two (loxernnu'nts as to the oiili^ialions attachinj^', on grounds either of morality or necessity, to the United States (Jov- i'rnment m this matter, have been bronjjht into closer harmony, such a course would ap|>ear needlessly toextciitl a controversy which IlerMaj- est.V's Government are anxious to keep within reasomible limits. The negotiations now beiny;carri«*d on at Washington prove the read- iness of Her Majesty's (iovernuient to considei' whether any spe('ial internatiomd a};reement is necessary for the protection of the fur-seal- inj; industry, in its absence they are unaide to admit that the case put forward on behalf ot the I nitcd States atlords any suflicient justilica- tion for the forcible action already taken by them ayainst i)eaceable subjects of Her Majesty enj:a}jfed in lawtid operations on the hij^h seas. *' The President,'" says Mr. Blaine. '' is persuaded that all friendly nations will concede to the l'"iiited States the same rijihtsand privile-jes on the lands and in the waters of Alaska which the .same friendly nation.s always con(;eded to the Empire of Russia." Her Majesty's (lovernnnMit have no diniculty in makin<;" such a con- cession. In strict accord with the views whi(,'h, previous to the pres- ent controversy, were consistently and successfully maintained by the I'nited States, they ha\e. whenev«'r occasion arose, opposed all claims to exclusive i)ri\ ile<;es in the non-territornil waters of lichrinj;' S«'a. The ri^fhts they have demanded have been those of free navi^^ation and lish- in^-^ in waters which, previous to their own a(!ipiisition of Alaska, the I'liited Statt'S declared to i>e free and open to all foreij^ri vessels. That is the extent of their present contention and they trust that, on ronsideratMtn of the arj^uincnts now presented to them, the I'nited States will recoj^iiizi^ its justn*.»» ami moderaticui. I have to request that you will read this dispatch to Mr. IJIaine and leave a copy of it with him should he desire it. 1 am, etc., Salisbury. i ! lllI'll'NillI'.] Ill 1-Tu (.'iilli'itor I'lifijis rt'inati'il " il)« )i:iri|iit' ('naiif lias arrived at this port (Sail !• raiuistoi iVom Alasixa, liaviii;; dm tiimrtl 17 .soal fil\iu.s." (Sco Ex. iJoc. No. H^i, Korty- tinirlli (NMiiiioss, tirst scHsidii. ) III l-^T'J !if itipiirtiil <'X|HMliti(iiiH littiiij; Diit ill Australia and Vivtinia for thf pur- pose of taking; soal.s in Ijoliriiig Sott, ami was iiitoiincd tliat it waH not oxpodioiit to interJ'ere with them. SKAL FISHEUIKS OF HKHRINC SKA. 65 111 lf<7l A.'tin- SiTivfar.v Sawy.M-. vvritiini to .Mr. F.lliotl, si.t'cial aii-ni. sai.l : " It haviii^ ht-eii nilii'ially rri.ortcd ti. this iJ.i.artiiiciit bv t!it! cuIUmmui of i'iisttin>.H uf Port Tow nscii.l, troni X-.-a-ali ISay. that I'.ritinh v.;.sh.-1« Vroiii Victoria croHs over info AiiKjn.aii wal.-rt aiul i'ii:;a-;. m takiii-,' Cucsi'mU , .vliicli ho n'i.rr.-<(!iitH aro aiiiiii- ally hf.!omi:iLr niorc imni.Mon-i on onr immediate' coast s to i lie threat injury of oiirseal- .Ms, lioih Willie an tle> Depart meat ofall fuct.s ivsetataineil.''" iDittc Mav 4, No. 117, p. 114 .j ' • In r-'Tf). Mr. Mclntyre, T.ea.siiry a.^eiii. (lescrilie.(l how " before proree.lin- ro haish measures" lie liad warned iIk- eaptjiin of the diqtiet. who was sho-.iui;; sTals in Za- [.a.lnee Hay, and stated tliat (lie captain app-aiv.i astonished tliat lie was breaking the law. (l)iito, Maritl' i:'), 1.S7.'), No. I'.O. p. 1 "4. ) " In iK-id. the fiir-sea! trade of tlie Miitisli t'olmnbia coast was of m-'-ai ii.;>oi ranee. Seven v<'S8els weiv I hen eii-iaiird in Ml.- ti-^her.v. oi" \v!ii,-li tin' ^^reate"!- iinim-ei were, iii Ir^Hf) and 1-ST, ■><'ized by the I'niti'd Stans (iovernineni in I'.i hrinjf Sea. in 1H~4, l»aniel and Ah \ander McLean, both Mrirish subjects, took the .Viiierieaii acliooner >'(t>i IHeijo to Hehrin;,' S.a. ami were .so .successful that th<'y reiunied there ia ldS5, from Victoria, with the Mary Ellen and the Furonrik. N(. 13, iSir '/ulidit Paunn't'idi: (c Mr. lUniiic. Washington. Maii l'.;. Isimi. Sn; : I liiive tliohorioi- toiiifonii yoii tliar a srateiiit'iit liavino' appeared ill the iK'W.spaptTs to Mic flt'ccr thai Mie I'tiitcd .Sfatcs icvimiik' i-iniscivs liav»' rcceivt'd ordiM'.s to proicrd t«> lli'iiiiii:^" Sea fof ilu* piirposf n( pic vciitiii;; the excrcist' of tlie seal li.slu'ry by t'ortMyii ve.ssels in iion-ti'iii rorial wati-rs, ^ind that sratt^iifiit ha\ in.u' hci'ii coiitiniicd yt's!«'iilay lis yoii, fain iiist rncti'il hy i!i». Mnrqiiis of Siilisluiry to statt' ro .mhi that a rniiiial protest Ity Her NFajcsiy's (lo\ nniiMMit a^'ainst any sncli intci- lerenee with Iliitish ves.sels will \)v t'ofwardcd to yon witiiout dtday. I have, etc. J Julian I'auncefute. No, 10. Mr. Blaine to .S/r Julian I'aunfe/ote. Dei'\ktmknt of vStaik, W iitiltiiiifton, Mail L'l>iii y to slate tliiir Her Miijesty's ( Jovermiieiit would I'orward with oiir delay !i in'otest "aj;ainsf the, eoiiise whieh this ( "loveriiiiieiir has loiiiul ir necessary, under the hnvs of ( 'onjrress, to pursue in the wateis of the Hehrinji' Sea. in turn. I am instructed by the Presiri/.in^-. eneouiajiinji', and protectiiii: vessels whieli are not only interferiui; with Anierican lijjflits in the liehrinji' Sea. hut which are doiu;,' violence as W(dl to the i'i;ihls of the ci\ili/ed woild. Tiiey are en;^a,i,'ed in a warfare ajialnst, seal life, dis reyardiiifiall tlie re,(iiir proiiusii ion, to f-t;ihlisii liy imitnal arriiiiuciiuMil Ix - iwctii rlic j:iivi'i iiiiH'Mls iiiit'ii'sicil. a cIonc iiiin> lor fnr seals, lu'lwi'cii .\|iiil I.") aini Novciii'itr 1. aiio Mioii as li ran lie |Hf jiarcil. In liis opiiiioi, tliiicis no (loiilii iliat tlii'jKt uill he passe ' III' will ;ilso join tin' I nilt'd Slates (iovi rmneiit in any prevoiit i vc nicnsiin's ii iiia\ l)e tlioiiiilit lipst to ado|ii, liy orders i.ssiii.'d to the naval vtis.sel.s of t he respeetive jjov eiiiinents in i lial ii'yioh. Parly in April (LSSSithe Ifiissian ambassador. .Mr.de Staal, advised the American charge "that, the Pussiaii (Iovernment would like to have the ic^^nlat ions w Inch mioht be aoiccd upon for the P.ehiino- Sea (.\- ten\ s «)f liis y (»l No iiiinistcr n i'.oiW ol in Hflir IS. l)\ tllf tliat Mr. ini (Loitl adrquiUr foltowiiiL; •ican mill IT a<'('oiii hiirv's re vcrniiK'iit n IT) Ml. I»f Slati': lij;i'mtMlt lit' .liril 1.") anii cs (il Ion;;! into i'arlia I liis (ipiniiii, n Islaml r-> nssian am- 'inn absent (lisi'ussint; with TjO|'<1 Salislim y llic details of tlic proposed eonvent ional arranjLTP- ment for the protection ot seiils in i.tiirin;^ Sea." " With a vit'W to nieetin;;- the llnssian ("lOvernunMit's nislies respeet- iny the wafers siii roiindiii^i lJol»lien Island, his loi-dsliip sn^-tsted that Iteside the whole of I'.ehiin^' Sea those poriiuris of the Sea ol Okhotsk and of the l'aeiti<* Ocean noitli <»f north latitude 17, should l»e inclnded in the proposed anaii^cineiit. Ilis lordship intiniatiMl tnitheiinore. that the ])eriod )troposed !»y the I'liited States for a close lime, from Apiil l."» to November 1. u\\'^\\\ interfere with the trade lousier than altsohitely necessary for the ptoteclion of seals, and he sii;i';:ested Oc- t(d>er 1, instead ol anKUith later, as the termination of the jteriod of seal |)rotect ion." I'mtii^'iinorc, Lord Saiishury •' |)roniisel Lord Salisbiiiy. was a s complete as laiiiiuaue could mak«' it. On the I'Sfh of April, five days after Lord Salisbury's last jiointed assurance. Ii\eda.\s after he had proposed to perfect th«' scheme, not b.\ the delay ot rarliament . luit by the prompiiiess of an ordei in coun- cil, the American charyc was intbrmed that the act of Parliament would lie necessary in addition to the order in coum-il, ami that neither iict nor tu'der (;onld be drafted " until Canada is heard trom." For .several weeks followinj; April L'Sfh. there were many calls by the .American charge at the fbieiyn ollice to leain whether •• Caimda had been hcaid frtun.*' lie called alone and calU'd in company with the Itus- m G8 SKAL I'ISIIKKIKS OF IU:ilKI\(i SKA. HJaii aMil»iissinl(u-. l-'iiially, on tlir L'Otli of .Imic, liOid S;ilisl)ii;y told liim that ill! iir;:('iir tt'l('«;raiii li:nl Ihmmi ••scMit to Canada a week a;;vcriiiiMMit, for wliidi |iiir|ioMe an interval ol" Novoral in<>ntli,s 1k;iI Iuhmi allowed to eiajtHi'. Diiriii'r tlii> loii^j iiilervai tli« attention of I, on! Salislmry liatl heen ie|ieate(llv calletl to tiii' snlijei-t lt\- tin; .Vineriean le^atnin. ;inil on tlio.x' oecasions the answer receivetl iVoniliiui was thai nnre|ily iVoni the (.'aiiailiai anthorit ies liail arii \ ed. Mr. 1 'helps proceeds in the dispatch of SeptendH-r I'J to say : I a;;ain pressed l.oid Salishnry for the completion of the convention, as llie exler- niinaUon of seals hy the Canailian vesseN wa.s understood to Ik- rapidly proet^tidin;:. His loidsliiji, in r«'ply, ilid not (|nest ion the pitipriel v or rlie importance of taking; ineas- nies ti> prevent the wanton desti uctioii of so a valiialtle imlnsiiy, in which, as he re ni;irkrd, Kny;laiid had a lar^e interest ol" its own ; hnt his lordship stated thai tin (..'anadian ;;ovcrnMn'nt ulijccted in ,iny snidi restrictions, and thai until if.s (Minseui conlil he ohtaiueil Her Majesty's (io\ I'rnmetit was not Vi'illiii;;' U) enter into the con- vention. It was thus finally aclur part to otferone. You will not forjiet an interview between your.self, the Hussian minister- and mysidf, in which the lines toi a close season in the llehrinji Sea laid down by Loid Salisbury werc^ almost exactly repeatetl by yorir.self, and were inscribcul on nuips winch weic before us, a (M>py of wliicli is in the possession of the Russian minister, and a copy also in my pos.session. A prompt adjustment set'uu'd practicable — an adjustment which I uni sure would have been honorable to all the countries iideresteil. No obstacles were pre.serncd on the American sidt' of the (juestion. No insist^tnce was made upoii to ni; lie is nil of an I on be SKA I. I'islli K'|l> OF HKIIIMNc; <1:A. (;9 ;y told lid bct'ii hat r)i< •l_V ll|KH. 'Ips' re l)()ii the ys iitt»'i \'U-v llif Illy Mr. 11(1 tell'- aiiatliaii (fOVlTll i^.'H with iUl 1>»MMI 158 on l<» ii ihIi (ii)\ of M'viMal III ol' I. Kid tlHiii. :iii Russian djustnient have been presented nade upon tlie r>ehiiii<^ Sea as »inir cluiisum ; no objci-tion was interposed )o tli(^ entrance of iJiilish shi|'sat all times on all coiuinercial ciiand> tliroiiuh all the waters of the Uehriii^ Sea. l>nt our iie<,'otiations, as in London, were snddi'idy broken oil' lor many weeks l>y the interposition of ( 'inada. When coi lespoiidence was • Hiiiied on Hie last day of April, you made an olfer for a mixed <'oiiimission (»f experts t(t decide the (juestions at issue. Your proposition is that pela;iic sealiiiji should lie prohibited in the J'x'hrinjj »Sea (luring the months of May, June, October. November, and Ueci'inber. and tliat there should be no prohibition dnrinj,' the uionths oi .Inly, August, and Septemln-r. Your proposition involved the con- dition that I'liitish xcssels should be allowed to kill seals within 10 iiiili's of the coast of the TribyloN Islands. Lord Salisbur,\"s proposi- tion of isss was that during the same months, for which the 10 mile |>rivile;,rc is now demanded, no Ibitish vessel liimtin;;' seals should come ni arer to the I'ribylo\- Islands iliaii the ITth parallel ot' north latitude, dxMil t)(M) miles. The open season which yon tlius select for killing is the one when the ireas around the breeding islands are most caowded with seals, and es- iiecially crowded with tcfiiale seals ;;"oiii;;' forti' to secure lood for the liuiidiwds (d' t hoiisands ot their yoiiii;: (d whicli tli«'y liave ri'cently iieen leli\crcd. ']'he destruction ol the females which, accordinji' to exp«'rt 'estiiii(»iiy. Would be !).") ])er cent, of all which the seal in, U' vessels mi, iriit readily capture, would inllict deaj.rin«;. The lO-mile limit would j^ive the maramlers the vantajze <:n>und for \illinji- the seals that are in the water by lens of tliousamks searcliiii;n' lor food. The opportunity, under cover of lo«: and ni^ht, for stealing: -ilciitly upon the islands ami slaii^hteiin;ji; the seals within a mile or even less (d' the keeper's rcsideiM-e. wdiild laijLjely increase the a>ij:rej;ate destructicui. liidcr such conditions the Ibitish vcssids jMUild «'Veiily 'iivide with the Cnited States, within the 3 mile limit of its own >lioies and upon the islands themsches, the whole advantaji'e of the seal lish- cries. The respect which tin' sealinjj; vessels would i>ay to the Ibinile limit would be the same that wolves pay to a tiock «d' sln'cp so jjlaced ihat IK* shei)lierd can ;^nard tlieiii. This arranu-cnieiit. accordinu' to your piojiosal, was to continue lor three mom lis <»f i-acii year, the iicst months 111 tlie season for depredations uptm the seal iierd. No course was left !n the I'liitcd States or to L'ussia luit to lejet r the |»ropositioii. The proi>ositionsinade Ity Lonl Salisbury in IssSaiid the piopositiona made by Her Majesty's minister in Wushin^ton in lsaine, the ri,i;hts of the Inited Stales aii' the same iiibotii years. The ])ositi(m of i;n;ilaiienilently of t i 70 SEAL IJSIIKklKS Ul' BKHKLNii SEA. ext'«Mitiv<' |»o\vt'r of flic Xiitioiial (joxiMiiiiu'iif ; ('iiiiiida liiis a jjovrMiior appoiiit*'"! l>.v tilt' lliitisli iJidwii Tlic U';;islatun' ol" Calitoiiiia ciiarts laws with wlii«'li |Ik» cxcciitivt' jtower of tin* I'liitfil States has no rij^lit CXfClltlVO <'aii whatever t(» iiilfileie ; (.'anada enacts hiws with whicli tlit . jtower of (Ireat llritain <'aii iiiteileic so faras altsohitely to annul. <'an the (loveinnient of tin* United States he ex|ii'ct('d to aiteept as final a decision of the (lovernin»Mit ofdreat llritain that an a;;reenient witii the I'nited States can not l)e Inllilled liecause the proviiuu' of Canada objects.' This reviewed" the circ-uinstances which led to the picsent troubles on the I'.t'hiinii Sea (piestion, has been preseut('(l by direction of the Picsidenl in Older to show that the responsiltilitv does not i-est with this (jovernnient. Tiie ehanjic of poli(!y made Ity Her .Majesty's (lov- ernnieiit without notice and ayainst the wish of this (lovernineiii, is in the i'residenrs b(dief the cause of all the diflVreuces that have followed. I am further instructed by the President to say that while your pro- posals of .\pril .'iO can not be at'cepted, the I'nited States will continue tiie ne.uotiation in hope of reachmji' an a^rei'inent that uia\couiluce to a od understanding' and leave no (^anse for future dispute. In the I'resident's opinion, owin;;' to delays for which this (iovernment is not responsible, it is too latt' to conclude such nejiotiatiou in time to apply its result the present season, lie therefore [troposes that Her Majesty'.s (iovernment a;;ree not to permit tlie vessels (which in his jiidiiinent do in)ury to the property of the I'nited States) to enter the nehriiijLi' Seu for this seascm, in ordvr that time may be secured for nc;i<»tialiou that shall not be disturbi-d by untowaid events or unduly mlluenced by popular an'itaiion. If this offer l»e acc<'|»ted, the I'resideiir iielieves that before aiioilier season shall open, tlie friendly relations existing between tlie two countries and the mutual desii»^ to continue them, will lead to treaty stipulations which shall be permanent, because Just and honorable to all parlies. 1 lia\e, I'lc, James <1. Ulaine. ^'o. 18. .)//•. JUdiitc to Sir Jul ((lit Pdidiir/otc. J)ei'A"vTment of State, ((■sliiitf/loH, 'June 1', ISIIO. Mv Deai: Sii: -Iii^ian: I have had a prolonged inter\iew with the President on the matteis upon which we are endeavoring- to come to an aj;reemeiit touchiii;;- the fur seal question. The I'resident expresses the opinion that an arbitration can not be conchided in time for this seas(»n. Arbitration is <»f little \aliie iiiih'ss condiicti'd with the most careful deliberation. What the I'resident most anxiously desires to know is whether L(»rd Salisbury, in older to promote a friendly solu- tion of the (juestioii, will make lor a sin.ule season the regulation which ill 1.S88 lu' olVered to make permanent. The rresident regards that as the step which will lead most certainly and most promptly to a friendly aiiieement between the two (lovernmeiits. ; 1 have, etc. re of re James (i. 1'>eaine S1:AL I' LSI I Kit IKS OF IJKilKING SEA. 71 >.(». ID. Sir Juliidi I'diinrcfniv io Mr. Ulnlne. r.Krnsii Lkcation, W'osliiiifitnii, J}. ('., June:'), LSiMi. Dhak Mil. I'.i-AINK: 111 reply l<» yoiii Icttci' <»f xrsicnlay cvciiiim, toticliiiifi' tlu' liii-.M'iil <|ii('sli()ii. I Ih-i^ to statf tlcil I aiii in it ]M(sitii>ii to answer at oiku^ tin* iiKiiiiiy " W'lictlier Ijonl Sulisbury^ in iiii;U^ .season lilt' le^^'iilalion wiiicli in 1S,S8 lif ollt'icd to niaiheiy sea- son. I shall not atteiiipl to discuss here whetlu'r what took plaee in I he eoiirse of tiie al»orti\e iie«,n»iiations of ISSS ainomiled to an otfer on the part of Lord Salisluuy 'Mo niake such a rej;ulati(ni i>erniant;ni.*" It will sufliee for the |»resent purpose to state tliat the liirther exam- Illation of the question whi«h has taken place has sarisiieil lli^^ Lord- >lii|> that such an extreme nieasiire as that proposed in IS.S-^ j:oes tai' iteyoiid the re«piii eiiieiits ot iliecase. Ifer Majesty's (io\ernnieut are (piite willino- to a(h)pr all nu'asures V, hich shall l»e sat isfactoiilx proved to he necessary tor I he pieservation ut tlie fill -seal species, and toenlorce siii-li measures on British sul'iecis ly proper le;;islation. Hut tiny are not preiiared to ajifee to such a leiiulation as is sii;4';:'ested in yoiir letter for The present tishery season. .!>, apart fr<)m (tther considerations, theie wouhl iie no le;:al i»ower to eiitorce its ohservance on Uritish suhjects and Hriri-sh xcssels. 1 liave, etc., ,It LIAN I'Al .NCEl-'olK. No. l'(). Mr. Blaine to iSir Julian raunce/otc. Depak'imkn'i of State. WiisliiiKituii. Juki' 1, ISltO. Sih: I have your favor of the I'd iiistani. The President sincerely ie<;rets that his'considerate and most triendly proposal tor ad,iu>tiii»'iit ol' all troubh's connected with the nehi'iny- Sea shouhl l)e Si» prompt ly lejected. The i)ara';iaidi in \«uir iu»te in which you refer to Lord Salis- iuiry's position need.s exi)lanation. 1 (piote it in lull : It will sullico tor the -jn-snil imri.es.' to staff thai tli.- fiuili.T fxaiiiiiiatioii of tlio ijin'stioii wliich lias tak ui plaoo hassalisti.Ml His l.onUliip ili.ii ^inli an .•xlleiiio iii.fiis- iire as that proitostMl iu HS-i jroes far beyoinl the UMiiiiremeiits ot' tin- v.isv. 1 do not know what may have l>een the '•examiiiati(»n of the |>iir«'iitly Willi re- yivt, tliiil "Mliti < 'iuiinliaii (iM\ friiiiiciit uhifctrd lu ;m\ such icslri*!- t ions " (/. /'., its tliosc wiiicli 1 1 IS I.oi(lslii|) Inid in p:it't |iio|>os'm| iiiiil wholly :i|>|M()\(Mi I, and tliiit "until its consnit ^ouM lit' olttaint'd llci- .Maji'sty's (ioviTiiUHMit was not wil'in;: 'o »Mit«'i' into the conviMitioii." It IS «'\i(|t'iit. tin'icroic. that in l.SSS Loid SalisUuiy alunptly cIosimI t lie in';iutial ions hccausc in his own pliiast' '^'Ihc ('anadiaii (lovcrii nn-nl oi>j«'<'t»Ml." lie assiyin-d no other reason whati-viT, and until Nonr note ol the I'd was ic('«'ivi'iiiM'd that iiis IiOi'dslii|i t-ntcrtaincd an,N otiu-i' oltiL-ciious tiuiu those exju'i'ssed in SeptrnilMT, ISSS. It is |iio|(«'i' to ifcall to yonr rrcoih-ction that at divers times in i>or- sonal coiisi'rsation 1 have proposed to you, on lichall »»!' this (iovern- nient, a elose seasiui, materially shorter, in ])oint ot'time, tliiin was voliin- tai'il.v ottered by liord Salishmy and niiicli less e\tinded in point ol space. Instead of i^dinu as I'ar south as the loitysevcnth parallel I have Ire i|Uenlly indicated the williiiiincss (»!' this (lovernmeiit to take I he divid- ing line between the Pacific ( )cfan and the I'.ehrin;^ Sea — the line which IS tan.ucnt to the soutlieriimost island ol the Aleuiian j^ioiip — beinj: Jis near as may Ite the lillieth parallel of iitutli latitude. lOarly in .Vpril you will renieiidnT that >ou sn;^;;i'sfed to nu' the ad- vanta;;e that mi,i:lit follow if the sailiii;;' of the revenue cutters foi' I'.chr- iiiji Scii c(»uld be postponed till the middle of .Ma,\. 'rhou;;h that was a matter entirely under the coiitrcd of the Treasur\ Department, Secre- tary Wiiidom prompll> complied with ymir rctpiesi, and by the Presi- dent's direction a still loii^t'r post poiienu'iit was ordeied in the hope that some form of eipiitable adjustmiMit mi^ht be proposed by Her Majesty's ( 'io\ erniiieiit. Mveii t he rev eiine cut ler. " hicli annua lly passes ihionyh Ijchiin;; Sea carrying; su|)plics to tin- lel station .it Point Harrow in the Arctii; Ocean — seventy-sj'cond (h'liree of North latitude — wiis hehl bacK lest her appearance in iiehrinj^' Sea mi^ilit be misrepre- sented as a non-obser\anti' ol the undersiandin^r betwei'U us. It is]»erfectly eh-ar that if your claim for Pritish vessels to kill seals within 10 miles of the l*iibyl(»v Islands, directly after the mothers are delivered of their ynun^, should be j^ranted. the P.ehiinji- Sea would swarm with vessels eiijiamed in sealing — not forty or litty. as now, but many hundreds, tlirou;;h the sumTui'r inontiis. li'lhat privil»'<;e should be ^iiveii to Canadian vessels, it must, of (bourse, be conceded at once to American vessels, if the rookeri«'s are to be thrown open to Cana- dians, they vv(uild <'ei tainly, as matter of common liy hi, be thrown open to citizens ot the I niled States, 'i'he s»'id motheis. wliich letpiire an area of froiii 10 to ."»(> miles Iroin t he islainU. on all sides, to secui f food for their voiiiil;. W(»iild be slau;;liteic as showing; that, notvvitlistaiidinr( lotlie riejisiirv l>e- liaitmeiil at the close o| ihe sra.soii of j.sST is res[»eeiritll,v coiniiiendeil t ,. t .VII ■' ...>ii<. < M I I I I 1 1 1 .'^ 1 1 I < - I f I I I < 1 1 I . I mil now coiiviiict'il t'roin wliiil I natliiT in qiU'Miidnina; tlit' iiion luOonijiinj to ca])!- iiri-il st'liiiMntTH iinil troiii i'i-:i4 nt' tin- vi-shcN, tliaf not luon- llian (in(> Ni*nl in t*Mi ixiilt'ii iiihI nioi'ially v\ oinnli'il i^ liindi'il on tlii> l>oai m iitiii skinnt-tl : tlui-. v on will sec tile Willi! '11 ilcHtriiction 111' seal lil'i' witlioiit any licnrlif wliairvtr. I tliiuk lii'.iMtO ^Ivin.^ laki'ii tl is >car in a low fHlimalH on iIiih liasis : auii.iiiMi t'lir-NcaU wfii« kilii-il to '•iTinf that iiii'iiImt, or tliii'i- tiinrs as many as the .M.i.Mka i nmtiicnial <'<»iii|iany ar« mIIowimI liy l:i-,. to kill. ^ "ii can n'ailil\' ><•<' that tlii-^ j^ifai ■•launliliT of ■,«';ij>i will, in a t'fw \faiM. makt- il iiii|io,ssil>lc tor Ioii.imki skiiix to lie takm on tin- iHlamis l»y tlu' ii'SMcfs. I cariK'Nlly lio|ii' niori' riijoionsnn'asnn's w il! lie ail'ipli'il 'ly I In* vaiitoii de- struction of a valnahh' industry," and which this (lovernnient has iini- torinly rejiariU'd as an unprovoked invasion of its esta ilislied rijihts. 1 lia\«'. el''.. .lAAirf! (!. P.I, AIM'. No. L'l. iSir ,} tilittn I'aiiinrjoti: to Mr. lUdiiii: A\'ASin.\GTON, June a, 1S(»(>, Siij : T liavellie honor to acknowlcdoe the ictciptol your olVicial note of the Itli instant, co'iiiiieiitiii;: upon the reply which I returned toth,e impiiry i'ontaiiied in \o;ir lettei' of tiir I'd iiisi.ini. wlu'tlter the Manpi h of Salishiiry would, in older to promote a trietidly solution of rlie fur- seal iiuestioii. a^MH to the total exclusion ol IWiIish se.iiers fioiii tli« Hehriii}; 8ea duiiiio the present (isliery season. Vou expies.^ the iv- yret ot the I'resideiit that •'his considerate and most 'Vieiidly proposal lor the adjustment of all rroiihle coiinecled with the I'x'hriii.u 'Sea slioiiUl lie so promptly rejected." I have this da> t ransmil ted a copy of your note ro Lord Salisbury, and lu'iidino further instructions 1 will abstain from pursuiii-i the dis- t'lission on the various imints with which it deals, especially as the r 74 SKAL I'l.SIIKKIKs OF hi:il?ilN(i «1:A. vicwsol' Hit Miijcsty's (Invciiiiiii'iit on the iiiiiiii (iiU'MiioiiH involve;! art' hliilcd witli ;;!»•. It |»n«-i.sioii in Loid Siili.sl»iir_\ 's ilispiiti'li ot IIh-'JlM of May, wliii'ii I liad tlu; lionor to i-okI to .voii .vrstrnlii.v, ami of wliii'li, in ii*'«-oi' witli yoni' lt a (''0|)> in your lian within wliieli Her ..Majest.v'.s (iovernaient proposed lliat sealers slionld Ite evchlded '^ no opporliinilV \va> alVoidetl me (»r diseiissin;; the tpiestion hejore the piopo.sal.s of Her .Maje.sly'.s tioNi-rninent were .siinnnarily rejeitte*!, 1 may iiieiitioii. also, that I fear there has lieen .some mi.sappi«diension as i'e;:ard,s a letpiest which yon appe.ir to iiaxc understood me to make respeetin.u the d.ite of the sailing' of Cnited Stat«'S revenue uiitttMs for iJeliriiiy Sea. I lia\e no I'eeolleciioii of haviii;; made any siiyy:estioii with releieiice to those rt'Vi-niie rutters, except that llu'ir eoinmanders should reeeivt* explicit iiistrnetions nor to apply the municipal law of the I'liited States to llritish ves.suls in liehriiijn Sea outside of territo- rial wateis. 1 ha\ e, t'tc, .In.iAN IVuNci;] (»]K. -No. Jl'. Sir .Jiiliini I'ltuiucl'oic ^> Mr. Hlniiic. [f'.xtrat't rnmi ly to come to some arraiijiiement for sui-h a close season as is necessary in (uiler tt) preserve tin* seal species from extinction, but tiie j)i'ovisions of such an arran^t'ineiit would always re<|iiire legislative ^anctioll so that the measures ther»d>y determined may l»e enlbrced. Lord Salisbury does not recoKid/.e the expressions attributed to him. lie d(»es ii(»r think that he can have used them, at all events, in the coiiteM mentioned. Xo. L»;;. Mr. liUiim til Sir •hilinn I'liuncefote. DkI'AHTMEM' of STA'IK, WdtfltiKf/tiHi, June 11, 1S!)0. Silk': I liaxc shown to the I'resideiit the extract from the telej;raiii of Loid Salisbury of .liiiu' !», in which his lordship states that •' it is be- yond the power (»f ller Majesty's Government to exclude liritisli or SKAL FIHIIKK'IK.S OF lltllllClNci SKA. 75 il of I, ill »iil\ t.-ii iriit Hv's ('iiiiiMliaii ships tVoiii any iMtrtiiUi at" tin* liijili soaiH, ovcii Uw an ln^ur, witlioiit lt'y;is|.ili\ I' sanction." Not Htoppiii;; to (;otiitiu'nt upon tlit't'art that his h>i'(lshi)i assnini's tho watt'i's siiri'oniHiiii;; tht* l*ril>\ln\- Islantls tn ln-ihf •» hi;:h seas." tnc l'r«'si(lt'nt insii lifts ini' to sa,v tiiat it wmihl satisly this (iovfrnini'iil if Lord SalislMiry wmiM hy piil»lii; prochiiiiafion simply r«M|u«*si that yi>n- .>«'ls .sailinji niidiT llic iWitisli ilay; slioiild ahstaiii tru:i i'liifiiii- ihi- l'>«'h' i\nii Sea lor the piH'sciil season, if tins it'ipU'st shall lio (•(nnplicd with, tiicie will bt' fall tiiiif for impartial nc}:otiatlons, and, as the l'i'«*sid*o. LM. SirJiiliini l'(iHnr(i\it( ti> I//, /ilaiitv. \\ .vsiii.\(, roN, -hnii 11. l.Sl»t». SiU: I have lla- litaior fo afUnowU'd;;t' yttiir note ol tUisda.\ with jt'ft'rt'iu'i' to \\\r passa^r in a teley[ram Irom thu .Mar<|uis of Salisltiiry, whifh 1 (•omiiiiiiiicatcd to \o" •'' '""' int»'r\i»'w of tlu? '.Hh instant, to tht' fll't'ct that "It I.'. iK'yinid tlu' |iowt'r ot Ilrr Majcsts's (loxfinnifiit to excliiiU' iJritish or <'aii.nlian ships lioin any [>oriioii ot tin* hif;h mms, even for an hour without ic-ii^lativc action." Von iiifonn nic tiiat withnnt conimcntin^' on the fact tliat lii> Un'd- ship assumes the watcis snnonndin;.;' the I'rihylov jslaiuls to lie the liiy;h seas, the rresitleiit instructs you to say that it would satisly your Clovernnient if Lord Salisl»iir,\ would liy puhlii; proclamation simply r»Mpiest that \('ss«ds sailiii.!; nndci the iWitisli iLij.' slionhl al»staiii Irom entering; the Mehriii}; Sea for the present seasim. \ (mi add, if this re- quest shall he complied with, there will l)e tiill time for imjiartial nego- tiations, and, as tin' I'lcsideii! iiopes, tor a Iriendly ciUiclusKm uJ' iho differences between tin* two ( loverniiii'iits. 1 have telejiraphed t!ie abovf cominiinieation to Lord Salisbury, and 1 await his Nads hip's instructions iheieou. In the mean w In le I take ihis opp»)rtunity of inlbrinint; you that I leptuted to lii> lordship, b\ tele- uraph.lhar at the same interview I a^aiii pressed \on lor an assuianee that IJritish sealing' vessels would not lie interfered with in the liehnii}; 8ea by United Stattss revenue (uuisers while tin* nefiotiations continued, but you replied that you could not ;;i\eMicli assurance. I trust this i.s not a tinal decisicm, and that in the course ot' ilu- next few days, while tlieie is yet time to communicate with the(;oinnianders, insti'iiclions will be sent to them to abstain from siich inter'ereinM'. It is in that hope that I ha\e delayed delivei inj; the lormal |»rotestot" Her Majesty's ^]:\]. Ki'■ iii:!ih'iN<; >i;a. \u. .;."). sir Jnlidti rmnicf Otic to Mr. Ulitiiir. I WASlIINtiToX, -/;>/<' I^J.. IS'IO. Sir : With iflcn iwc io tlic iiot<> wiiicli I liini I lie lioiior to ntlilicss to yoii on the 1 1 til iiisiaiit, 1 (h'siit* to r\i.<'t'ss iiiv (It'Cj) i<';ii-<'t at liaxiii;; failtMl ii]» to tlir pirscii; time to ohtaiii troiii yo' tin' assiiriiiici*, wliicli I liad lioj.cd to fccrivc, tliat diiiiiij^ tit*' <-oiil iiiiiancr of onv ii('j;olii!tioiis lor the si-tllciiu'ii o| till" liM' sral tisliciy (|iM'.slion llntisli st-alinj; \ cssels vduld not I'l' iiiK'ifcu'd Willi by I'liittMi Htalos irvriuu' ciiiisns in the JJt'hriit;: S<*a outside ol' tiili!i(' i)!<>ss and Irom otluT souici's that llu' r<'V('iiiM' ciiii.scrs h'lish anci Conrin nrv now about to be «lis|»al<'lH'd KttJM' i'M'hiiiiji Sea, I can not, «'onsi.st('ntiy '.vitli the instinc- tioiis I lia\(' ii'ceivcd iVofn iiiy (i()\('i iiuK'Ht, i'ot('st aiiiioiinccil in my notes oC the 2.'?(l ultimo and tin lltli instsiiit a.u.diist any such intcrrcrence with lli'itisji ves.-rls. I iia\ •• ac('ordin;;ly the honof to tiaiisniit Mie same herewith. 1 ha\t'. etc. .Ttt I AN r.Mxn'roTT;. 1 liiilo.-im'.l I'roirsf. (i:e<'ei\.'d .liinr 1 I. rj.."M, IMHI.) The iHidersijrned, ller I>rilanni(' Majest\'s cnvox extraordiiniry and ministei' |)ltentiary to *,he rni'.;'d Siates of Ameiiea, has Tl'.e iionor, by m.^trnclioii of his (m»\ eminent, tt make to the lion. .lames (i, lllaine. ye<'refary of State of tile I'nited Stat-s, the follow in;:- eommiiiiieat, on ; ller Ibitannie Majesty s (Invenimen; have |eann'|»t)iisi- bk' I'or tlh' constMiiM'iiccs that iiia\ ciisii.' iioiii ao. L'tj. Sir Jiiliidi Fauinr/nt' tit Mr. Ilhtiiie. \\ \sii I N<; ION, . /((/«' JT, l.s!M». SlH : 1 tlitl not tail to tiaii.sniii t.. tin- Mait|Ui> t>l Salisbury a (;o|»y of your iioicoftlic 11th iii'itaiif, iii which, wi ii vt'tciciicc to his lonlshi >\s staKMiiciiL that I'litish it';;islalioii would b^' ii«'»'»'ss;ii'y to ciialih' Her >rai»'sty's (TOVoniMUMit to I'Xclildr liriiish \t'ss,'|s tVoiu aii\ |ioi!io!i of tilt' hiii'h seas " cvcii lor an lioar." yoii iidoiincd im-. Uy d»'sir>' •»! th»* President, that tlu' I'liited States (io\ eiiiiueiit would besati^lied "if Lord Salisbury would by pulilic proclaniiUioii siiiipl> iiMjiiesi ihai ves- stds sailinu' under the IWitish lla;: sjiould abstain Ironi .'uienn^' the Behriii^i' Sea dnrinii: the pn-seiit season."" 1 ha\-e now the honoi- to inlonii you tliat 1 h,i\e lieen iiislnieled by Lord Salisluiry to state to ycni in reply that the I'lesident's leipiest presents eonst'it iiiional dilliculties which would |ncclude llcr Nhijcsty's (loveniiiH .11 troiii accediii;r to it, except as part of a ;;encral scheme for ;^,lu' settlement of tlie IJehriii}.;- Sea coiiiroversy. and on certain ndi- ti(ui.s which would justify the assiimptioi: b\ Her Majesty'.s (roveru- imnt of the ;;ra\i' rcspoiisibilit;) in\olvctl in the [UDpos.il. Tlntse conditions au' : L That tli( twoCovtrnnii'iiIs ajrree forthwith to refer to arbitration thetpit'stioii ot the legality of the action of the I'liited States (.overn- meiit in sei/in-^- or otherwise intt'ilei inu v\ it ii lb it isli vessels eiiya^ed in the r.elniiin Sea, outside of frriltuial waler.s, durin;;' the years Ism, 18.S";, and ISS!». II. That, peiiditi;.' the award, all interlereiice with IJriti.sh sealing Vess(ds shall absobilely cease. III. That ilie l'niteM'»'t.sbviea.s.ni of tlo^ action (d" the I jiiteil State.- ("lovernmeiit a;j[aiiist I'.ritish sealin^M-eHMels in the Ib'hriiif;- Sea duriii}; the \ ears issf., ISST. and bSS't, I have .iln'ady informed Lord Salisbury of your a.ssurani-e that the lJuileury, I have now rl*** Iwmor to rKHrwTotlu* l*i<'siil<'nt'>; in<|niiy. miiy fiicilitatt* the artauniHMif «.<'rluit ohjert lor wliirli we lia\t' so loii;4 and so •'ai'Mt'^tly lahort'd. I have, t'\v., ^r LI Alt !*jirNrKi'< •rr.. No. Mr. llUtntc to Sir Jiilinn I'lunirtthtf. J>3i»'Ai{i MF.?fT <»r Sr\rK. S[H : < >ii tin 'Kli instant yon nsH-f t« i\\^ h dispatch Ironi Iti^mA kS«Siii*- bniy dated Ma\ J'J. and Ity hi»* iiistrn<'tion you hdt with me a copx . Itis Loi(ish;p wiitHs III answei' to mi,\ dispateii o| the "JlM .lamiary last. At That time, writiwtjf to yoni'selC towehiiii; I lie em rent eoiiteiilion lietween the (iovei iiiiienis -"t' the I'm ted States ;i lid ( ii< at lint am as to the juris diction tilthe lormer ovei' Ilie vsatersof the nehniij; Sea,] made the I'ul- htw'inj; statement: Tlu' (iovfiiiiiiiiit of ilic rnitt'il ."States has hd Mcc.miini and im (h'sirc (o witlidiaw or iiioilit'\ till- poMiioiiM wliich it has iit an\ liiiu- niaiiitiiiixMl a^iiinst ihr <'i.nniN>l' h'l'sMia. Thf linlfHl Stfttf* \mII mil w illihuhj ironi an.\ nut ion thi- |iri\ ilfjii'N wiui'li It (li'inaiKlfil (or itfwil' when Alu.si\a \\ >•• |i,ol ol" thi- l*Mw,si»ii Kiii|nri'. Nor is ttic tiovrrnnu ni oi i ht' l'i)if*'tl Slates (li.sposcil to t'x< itIhc ;< .y ifsn ]io\\<'ri>r anlliontx tiiaii it vvji« wiiliii;; to i-oiicfilf to I hi- linprrial «i«»v<'i Titi< lit ol I'lissia V, hi'ii ilh .so\ci<'i;;iit V fxti'nih'ii over thf tt'ir;tory in (|ii('hiioii Tl <■ rrrxKlt-n' i> iiiT^iiailfil liiat all Crifiiilly naliiniM w ill coiM'ritt* to tin' riiilcil Stalin tin- Minn ■ aiiil |iri V ili'Hi's on the laiit I'nxsjit, In answer to this Middleton, at that time oiir iiiinistMr m St. I'eterslnu <:. The alleocil ileclarations and admissions of Mr. Adams in that ilispat{ on the coasts -iinl islands ot' the alnive waters, liiif ubo prevented tliein Iroiii appio.'ieh- iiiy; wiihin Inn miles theriM.f', Mr. <^ninev Adam-- wrote us I'idlows to the t'niled .Stall's minister in iiussia : •' i"h" I'nited State; ean admit no part of thos«' elainis; tln»ir riy;lit of naviiiatioii and ti.ihin)^ is perfect, and h.is iieen in constioit exercise frcnii tlie earliest limes t hiiiiiiihonf the wlodc cMent of the Suit hern <>cean, siiliject only to t lie ordinary c\- rrpi jiuis :nid exclusions <)f the teriiiorial Jiirisd'citions." TIm' (|in)tation which Lord .Salisbury nnikes is unfortunately a most detective, eri'oneons, and misleadin;; oin'. The <'oiiclusion is .sejiarated from the pr(Miiise, a comma is turned into a pernxi. an important qnali licalion as to tiiue is entirely erasetl without Mveu a tiuggi'.stioji thai it SKAI, Flslli.K'IKS i)V iiKIIKMNT, SKA. 79 liiwi ('V(M' loniifd |i;irt nC llic text, aiul out (»r('ij;lity-liiur woi-ds, lo^iicuUy iitid ins('|(in;tl>l> foimcitcd, tliiitN livr ;iii' droppt'd Iroiii .Mr. Ad;iiiis' pniijjjiap!! ill I.nrd Sali^lMiry's ipHMation. No cditioii of Mr. A tlu' arclii\t's of til is I )r pa It II I ('lit plain!* disclos*- its inanv rrrois. 1 rcipiotc lior- bury's version of what Mr, Adams said, i«nd in juxtaposition jirodiice Mr. Adaii'.s's full text as lie wrote it: 1 1,111(1 Siiluliiirv-i i|ii>itnliiiii I'r'iiii Mi. AiliUiiH.] TIk' I'liiti'it Stjilrs p:m inliiiit im part (if t iichc I'Liinis : tlii'ir li^lit iii!.>,lii>iii llir wlnili' «\l<-nl oitln' .Soiitlicrii • icfan. snliji-i't unly to llif oi(lin;MV I'Xrcpliims ;iml cxcliisions id tin' tci t iiornil jnri-^dntiDns. iilnrh so far iix Ik'iiHKuni rii/lilx (lie riiiicrninl, iin iitiiliiml In at lain ixUiiiiU iiiiilh of liiv fijhjiijih dvtirve of Ulliliiili. ilixl hoff III) i\ri'ltm'y. They arc pri'cisdy i he words upon which the ( lovcrnincnt of the I'nned States founds ii> arunnienr in this case. L'onclnsinns or infeieiices resiiii:; upon the |iaramaph, wirii the material parts ol .Mr. .Xdaiiis' text omiiicd. arc otCoui >c value- less. The fust ohp'cr is to ascertain the true nicaniny' of Mr, .\dains* w(..rds which were omitted !>\ Lord Salishiuy, " IJiissian rights." said Mr. Adams, "are coiilincd lo eeriain islands north of 1 he ."»,")th dei-ree of latitiKh'. " The islands i eferred to ure a«; easily rcco^iii/.ed >•■ Viv as wIk'Ii Mr. .\daiiis d»'scribed iheir situation sixty-.seveii years aji... 'Hie Itest known ainoii}: thein. l»oth under l.'nssi.in and Amencan jmisdiclion. are Sitka and Kadiak : luil their whole niiinl»er is jLi'rcat. If Mr. Adams literally intended to cimiine l{iis>iaii ri.uhls to tiiose iNlaiids. all the ilisco\ cV.es of Vitus llehrino and other ^reat navi^ralors are hrnsln-d awa.\ i>\ one swecji ot his pen. and a hirt;e cliapter of liistorv IS bill a falde. Iiiit Mr. Adams j;oes St ill farther. He declares that " iJn.ssian ri-ht.s lia\ e no existence on the continent of .\merica. " 1 f we take the words of Ml. Adams with their literal nieanin;;. there \\.i> m. such t hin<: as " IJilssian l*ossessions m Aineri<'a." althonyh forty-four xcars after Mr. ,\daiiis wrote these words, the riiitcd Slates i.aid IJii>sia seven millions two hundred thousand dollars for the,»e " Possessions " and all the ri;:lits ot land ami .sea eonneeted tnerewith. riiis coiistiiiction of Mr, .Adams' lan^iia^e can no! be flie true one. It would be absurd on its face. The title to that far northern territory was secure to Knssia as early as IT II : Nc^iire lohet a.uaiust the claims ot all tdlicr nations ; .secure' to lier thirty seven years before Captain Cook had .sailed into the North Tacitic: .secure to her more than halt a eenturv betore th ■ rnited Stati's had made };ood her tith' to Ore^cm. Itiissia' w.i.s in point of time the lirsi power in this ieyi.»u by rijrlit of discovcr\. Wi hont imniotlerate presnmption she niijiht hav,- clial- leii^'ed tiie riiihfs of ol hers to assumed territorial possessions; but m* nation had shadow of cause or r(-lii to ch;\ilen},-e her title to fh«' vast re;iion <»f land and water which, belore Mr. Adams was S(>eretary ot atiite, liml biM'onie known as the '• Knssian I'osHessions." ^ 80 SKAI. FI.SmCKIKS (M' nKMlilXG SKA, I Mr. Adiiiiis' iiifiiiiiii;;' w;is not, tlH'iH'forc, ami jikUmmI coiiM not he, svliJir Lord Salishiiry iissiiirH'ti. As a;;aiii.st sucli iiitn-pretatioii I sliiill »'ii(itM\'or to call liis |oi(|slii|rs attfilion to what tliis ( io\ ci iiint'iit holds to lie the indispiitahlc iiicaiiiii;^- of Mr. Adams' iMiliri' |>ara;;ra|»li. To liiat tMid a l)ricr r<'vi«'\v ol ccriaiii laddic traiisa<.'tions and a brief I'l'cord ttl" ctrtain lads will he ncccssai'v. At tlMM'losi'olt lit' Ncai' I 7!»t), the l'an|nTor I'aul, 1»\ a ukase, asserted the exclusive authority of IJussiaover the territory from the Ilehrin;.'' Strait down to the litty lift h de;iree of north l.ititude on the American ciMst.. followiui;- westward " l»y the Aleutian, Kurih', and other islands " prac- tically inclosing the r.ehrini; Sea. 'I'tHhe IJnssian .Vmerican ( 'ompaiiy, which was or;tani/«'(| uniler this ukase, the Kmperor jxuvv the rijiht •' to make new discoveries" in that almost; unknown re;;ion. ancr I, IMJl. asserted i he exi^lusive authority of IJussia from llehrin;.; Strait southwai'l to the tilt\lirst de^r«'e of' noi'tli lainudeon the Anu'iican coast, proi'laimiuii his authority, a! ihe saim- lime, on the .Vsiatic c»)asi as tar south as the forty-tifth decree, and forliiddin^ any vessid to ajtproach within 1(N) miles of land on eirhei' contineni, I tpiote the two soctioii.sof the ukase that contain the order and the pnn.shment: Skctiov I. i'lii- ttMiisai'titMi III' I'omiiH'iTr, and tlif ]'iir-.iiil nl \vli;iliii;i .•iiid lishiiij;, or iiiiN otIitM' imliiMtrv mi liic inhiiKlN, in tii<- liiirliors ami intii.s, iiml, in ;;nvisi! on llio AliMitian I. si an Is unl alnni; tlii) iMstrni coa.st of Sjl)ciia. aii'l on tli Kiinl<' FslamU ; tii.tl ih, f'ruMi Bi-liiin^ Strait to t lu' soul '.u-rn |iri)iiionti»ry ot' tiif iHl.inil of I'riijt. vi/.. a-* liir Moiith ii-* latiliiilt* tortv-fivf (Ic^iici-s uiid tifiy iiiiiiiili's iiofih. .o"'' cxi'lnsi vrly ri'si r\nd to Hulijr''is ol' tin- iiiiH-.ijin l\ n|iiii<. Skc. '2. Ai-c'»idiie4l> . no toi'i'ij;ii vt^Hscl siiall hit allowr.l idtlicr to pni to mIioi'i- at. liny of till! iMtasts and islandK niidor l{n.H>ian do uinion as s|»'cili<'d in llu- |ir dinj; Hi-ciion, or i>v|n'o.'irtivi.sion shall l>n sniijtMrt to coiilisoalion witii lie-r wholf car'jo. .\;.'ainsi this laif/tr cliiiui (»/''n/7/i'0'/7v . viz, extemliuo; farther soiitlMui the AniernMii coast to the .')lsx deoiee t»f north latitmlo), Mr. Adams \ imntmslv protested. In a dispatcl! of March .'50, ISUi.', to Mr. I'oletiea, tlie liussian minister at \\'a8hin;;t(ni, Mi. .Vtlains said : Tins nkasf LOW lor lli<' lirsi tiniu <«xtfnils llic claint of liiiHMiu uii tliu iioilhwual cttanr of AiiK'rii'a ti> llns.'ilttt ili'^^nH) of north hititiidi'. Ami he pointetl out to tho I'liMsiau minister that the only foiintlatio!! ftti the iM'w pieiciisioi" of K'lissia was the existence of a small settle miM.t, sitnalt'tl, not nriensi(Mis of linssia on the northwest coast of .VmeriiM — pretensions to territory claimed b> (he rniled States and fietpiented by her mariners since the peace of ITS.'} — a specilieation t)f time wlncn isdi'opp«'ii irom lionl Sali.^t- bury's (piotation of Mr. Atlams, but wliicli Mv. Adams [loiuteilly used to li\ the tiate when the power «>f the L'^uited States was visibly exer- cised on the coast <»f ihe I'acitic Ocean. Tlie uames and phrases iit thai time in hhv todesciibe the yeoyraphy I t "vr' Its'' " •'■'^.i-- i' i " — * i»''''i. I pr "= ^■•"' -"iMr -SI'S. 4| 1-r-« «r -- .-r ... - »' - ..^ * ... I '.I I HFx v.>" 51 1 MAP TO GO AS EXPLANATORY OF No 21. OF JUNE 30th, 1890 SECTION OF A TRACK CHART OF THE WORLD. C( WO i^U' 150 IftlJ* .-^_^-. -^ nu JBO* I ■ It-iuuntt ,^^- ''■" "',, /'.. '' ::-■.. ..'«'*' /*<. / SKAF. F/PHKIMK.S ()K nHMIflXr. SKA. 81 iii('lii(l«'(l within flic .wvw of this «li-t|>ut(', iii»- ('nnfiisin«i- :iii|iiir»'iitly (•(iiitiiidictory iiiid iriwcoiirihihh'. Mr. Ada ins* l ol tiic l!nssiaii possrssiotis, and ont' in dcseiilM' the coa-t whose northern limit is the (KMh parallel of north latitude. If is \eiy plain that M?. Adams' phrase •• tin- ( 'ontinent of .A meriea,' in his reference to Knssia's pi>sve.s>i(,ns, was nsed in a ti-rriturlnl sense, and not in a //ro(//v//^///<7f/ sense, lie was drawinj: the distinction be- tween the terriforv of "America " and flu'' tiTriforv of the •• Knssjaii jiossessions." Mr. .Adams did nni intend to asseit that these lerrifoiial ri;ilils ol Ix'nssia had no existence on the conliiient of North America, lie meant tinif tln'V did not e.xisf as the nka>e of the i'.mperor Alexan- der hati attem|i|ed to establish them — soiiihwaid ot the Aleutian peiiin- snl:i and on that distincti\ e jiart of f he continent cl.dmec.i i In- piuase precisely as .Mr. .Adams did. Tin- iHJssessions of the crown were j;enerical|y feiini'd IJritish Aiii>fi<<(. (Ireal Ibitaiu and the I'nited Si:itt< hai iioni/<'(l at this point and on this territorial issue a;4ainsi Kn>si.i, \\iiatever disputes mi^iht !)(• left by the-i- ne^'otiafioas for snbs<"nn"it setf'eineat between the two p!)wers {lu'i'e can he ,10 doaht th;it at ihar tiaie they had a common and very sfronj; int«'rest a;iainst the t<'rritoiial a;fLriandi/,e- iiient of Uussia. The I'li'ifish use of the phrase IS cleai'lv seen in rhe trcat.N id'fweeii (Iri'at iiritain ami li*u-.>ia, nei;ofiated in 1.sl'."». ;iiid re ferred to at len,L;tli in a subsrtpn'nl ptrtion of this dispjitch. .\ pnl» Heist as eminent asStratlord ('anniiiLi' tipeiied thetliutl article of that treaty in these descripti\c words: 'fill' lilii' ol' ili'iii.il i;|li'>M lii'lWirn I 111- |)ii-iir>^l(»lis of t l|i' 1 ijjii coIU I'acl ill),' piirtirH, ii| (>M I li c'lMMf of I li- C'liil niMil. Mil I til- isl iii'l-" ot' A Mii'i'ira I o t li'' iiuii Invent. ' " ' Mr. Canninu" evideni l_\ di>t iiru'iiished •■ i lie islands ot' .\ mei ica " I om the "islands of ihe Kussiaii im.ssessioijs.'' which w«'re far more nii 111 emus; and iiy the use of the phrase '• to the Xiirlltirist" just as evident ly limited the coast of tin' ('iinliiintl as Mr. .\daiiis limited it, in that di rection, by the Alaskan peninsula. A concurrenee of opinion between .I(din (^)iiinc,\ Adams and ^'Iratlord ('iiimmil:. louchiiiL:' aii\ public ijues- lion, left little room e\"en for su;;;4esti(ni i»\ a tiiiltl peistui. it will beol>ser\ei m ownership of (he .Meiilian ami Kiirile Islands 'which 'oorder and close in the IJchriiifj ISea, and b.\ tin- di|i of 'lie in'iiinsula are xcverat decrees S(aith of latitude oo) was not dispiiicd li.\ Mr. Adam.>. and could not possibly have been refeired to 1)\ him wlieii he was limiting liie isl.ind po>sessions of iJussia. This is but anr)ilier e\ ideiict- that Mr. .\d,ims was makin;; no ipu'stion as to liussia's owiiei ship <»f all tt-rritoiy bordei- in{;' on tin' i'.ehiiii;; Sea. Tin- contest peitaiiied wiiolls f(» the teiritoiy tm the iHUlhwest coast. The l^mpcrc' !',iur-> ukase. d»'clarin^^ his sovereioiiiy over the Aleutian and Kuiile Ishinds. was never time. .Many of the acts of Ml'. Adams' public lite re(;eiveN of this rorn*- sp(>inl»'iMT liiiioii Tun II. u III* liiiil Mi.ccctjfd Mi. INih-tira us Kiissinii liilllistfl' ill \\ ii>liiMj;hiIi, r.illtd ll|Mi|i Ml'. .\»l;iliis ill Iii> otlirf on .llllv 17, l.>L';i, six (lii.N.s Im-Iuic lilt' (liitt uT the ii \vlii<'li l.(ii')l .S;ili.si)nr.v rt'lh-s i'ui siistiiiiiiii^; liis (MHiUliliiiii ill i(';;.irtl lo Ilh- l.i-liiiii- .Srii. Dm liii; iili ;iiiiiii.iIim| roin *'l' siitiniiiir iiii lioiii of iiioic Ix'iwiH'ii Mr. .\ilaiii.s iiiiU iiaioii Tux II, I Ik* t"»tiiiM'i ."ail! : I tiihl Kiiniti 'rnvll ^•iK-i'iiiil.x iluit \M' >Iii>iiIi| ihmioI tlir iiulii '>!' Iiii'<' I'lMilini III. II Will lit- (tliscrvt'll tllilt Ml'. .\< ll.><<•.^ llic SHIIH' plllllsc ill hi.s l(t||. \«'rs;ifi(Hi lliiit liiis liii.sli'tl l",li;:llsli st;iH'siiH'li ;l.> t«» llif till*' .scopr iilld nifiiiiinji lit' iii.s (jispiitrli uI'.IiiI.n LM, IS'J,'.. \\ lini In- tlccl.ncd ilmi \\o slinnid "roiitcsl the ri;^lit o! U'lissia tn aii\ h-riilinial c.slalili.sliiiM-iil on tills cull I iiH III" (\N i III ilir word "aii\ '" italin/cdj. lie no more iiii>aiit that \M' should aiit'iniii to ilrjvf Wiis.sia IVoiii Ium aiu-icni possfssioii.s lliaii tlial we >liniild :ittiiii|il to il rive I! ii;: la lid trnin I In- u\\ iici ship oj ('aii;ida or Nn\ a Scoi i.i. .Such talU would ha\c Imtii al».->uid ;;a.sfoiiaih'. and .Mr. .\daiii> was ill.' last man in iiidiil^ir in it. His tnit- aliiii;;. il \vit! l»o si'cii. collies out ill tlir iit'Xl sciittiict' when he dfclaics; i toll I Itilloli ril\ II I li.'it \\ I' >«||(illli| il-|i<':in rii|oiii:il I'^l illili-^llllK'lit'-. III lln liif.s.sam' "' I'loidflil Moiiloi- III the iicxl ( 'on;4rrss (tlio j.slh) at lt> lilsl session. Deeeiiiliei J. IS'J.;, h,. aiilioiliieed t lial at the proposal ol the K'ussiaii (io\ eniiiieiit the I lilted Stale.s had a;;re«'d to '» airaii;;e lt.\ aillicalde lie;;ot iations t he i (•■.|ii'('l i\ e I i;;lits and IliliTest.'s oC t he two nations on the noitliwest eoa.'it ol this etiiitiiieiit." .\ >iiiiilar proposal had been iinnle Itv liiissia lo (ireat l>l'itaili and had lieeii liUew ise a;:ieed to. 'i'he negotiations in both eas s were to he at St. I'eteisltiir^. It was in eonueetion wiih this siihject, and in the >aiiie pai'a;.:i'apli, that I'residini Moiiio*- spoke thus : 111 till' iliH('h<.-.|iiiiH III w liH'li liiiK iiitiTi'.'^; iuis ^In ell r INI', II I II I III t III' ai raii;;fiiit'iil.s liy wliicli I lifs max irriiiiiiah-, tin' iii'ra.sion Ium Ihmmi jiitl^rtl |iiii|iri' tor a.^i.^irt iii|;, as a |iiiin'i|tl>' in wliicli llif i'!:;lil> ami iiiti'ii-^t-' nf llu- liiitt'il Stales art' iii\ i>l\fil. lliat llii .Imi ririiii iiniliiiiiili'. hii Ihv I'rvi Hint hiili pniilnil iiiinliliiiii ivliuh Ihi i/ luiic (inxiniird mid iiiiiiiiliiiinii, iirr liiiirrjiii th iml In l>r iniisiilirnl iii siihji i !•■ Im- I'lihiri lolitiii :(iliini hi/ diiij luiiiijii (III iiiiiiir. This \ei,\ iiiief decl.ii .1! loll >iii l.ie! iiit'iel\ llie three lilie.s italicized), coiislilutes llie I'ainoiis •• .Moimie iloeliine." .Mr. .\daiiis' words ol the .Iiil,\ pieej'din^' elcii'lv t'oreslnidow ed this position as the pel inaiieiit polie.N ot the I liiled Slates. The declarat ion renio\es the last doubt, il room lor doiilit had been left, iliiit I lie reteieiice made b;, .Mr. Adam.s waslo I he tut me. .iiid had 110 p issible connection with the IfU'sJaii lights exislili'; tor t hree ipiaiters ot a renluiv beloie the dispatch cd' iSL' t ^vas w lit ten. It was e\ idem t loll I the lilsl ||ial I he determined at I it tide ol' t he I'liited States. siibse(|ueiil l,\ siippoiled l».\ (lie.il iWil aill, w oiild prevent the cMeiisKiii III Ikiissiaii teniloiN soiitliw.iid to the .">|st par.illel. 'rhi"! treaties which were the icsiil: of I he meet iiin ai Sl. relersbur;^. alrc.idy noted, niarked t he siii render on the part ot K'ussia ot this pretension and the conclusion w as a Joint a^neemeiit that .*>( de;;rees and 40 iniii- iltes sliiiiild be t.ikeii as tlie ext iciiie smil iieiii bniiiidaiv of I'lissia oil the iiorlhwest coast, instead o I' the .").") t h de;;i-ee. winch was proclaim d b\ the I'lmperor I'.iiil in the ukase uf ]1W The treaty lietween Uiissia and the Cnited States was concluded on the 17th ol .Xjiiil, IS'Ji. and that between l{iissi;i and ( ireat Uritaiii, ti'ii . si;ai. ri^iii'.ifihs (.|- iii.iiiMNsi ma. h:\ iiioiillis liitiT, on ihc Kitli ni' I'xhniai \, I-SJ.'*. In It.tili trniticM K'lissiii iW'kii-^wlt'il'^rs .'» 1, 1(1 as the (li\ I'lmu line. Il \\,i.siiii| tirtt'i iniiiiMl wlin-li «lt tilt' IWn Milt lolls o\\ llcil ill*' Irn itol \ iVolll ."i I. Ill (|oV\ ll I n t In* CM II 1 1,1 1 ■ iillel, iiiiil it ii'iiiaiticd in (liM|iiitf Itclwmi (iirat liiitain himI iIm> I iiiti«l Stales until its liiial atljnstint nl lt> I In- •• On-^on iiial.. ," iH';;otiatt't| liy Mr. IWh'lian.iii iiiMl Mi. I'.iKriiliain nihlri (In- atlniinistration ot .Mr. I'oik III 1 >H). • I'lif < iovcrnincnl ttf IIm- rnitctj Stait-s lias st« aMil.x iii.iititaint'(| iliat in iifitlh-r o| tlicNC iicaiics \Mtli i;ii>sia w as tlu'ir an,\ altciii|il at ri'niilaliii;.' or coiit rollii^, or cv tii a.sx'itinu h'i in I nest in. tlx* l.'tis.sian i'oM.HCM^ioim ami til*' i>*-liiiii;; .'<*M. uliicli lie ;ai to tlif north ami wt-st tif tin' tfiri- toi'v uliicli roriiii'*l t lie liasis ol tin* t'ontfiilion. Tins *-oiiclnsion is in- (lis|)iital)l\ |)i'*n('«l 1)\ till' iM'otocol.s wliicli \\cr«' si; iii-il *tiirin;; 1 In* pro;;- r»'ss of til*' iK'utit iai ion. At tlic loiirtli »'oiirt'r*»ii '<^ it\' tin' |)l*'ni|>ot*'ii- tiarii's. *ni tlif S||| day of Maicli ^ IS'J | ). t In- Ai.n'iifan in!iii>t»'r. Mr. llfiii.N Mii iiml iMntNCHsitin, iiii4« til *'m|:iIi|»nIi il i> iih'iuih r^iitlii'iiiii. Niivv, il iM'li.ll, :irrii|'ilili>; In lllf I'ili'lh rslillilisllcii. I llMt Ui'ltllt'l I'lH-tiii llt.-, nor In I lirsc sells « liirli air (l I'c him-., 1 111' ii;;lil nf iia\ i;:iii in;; all t lie I'rrf sras lirlini;.'^, lis nat iiihI lilW . In f\ iT.V iinil'|>i'ni|- I'lit iial Ion, and i'\ I'll cniiKtit nti'N an I'ssi'iit lal part nt I lii> inili'|>i'nili'nrr. Till' I'liiti'il Slali'H lia\r i\i'i'ri>*'il iiavi;;alinn in llir ••.a-i, ami I'niniiii-rci' |inn llic I'oiiHt.s iiliovc iiii'iit intii'il. trniii Ilii' tiini' of llifir inilriicnilriii'i' ; ainl iliry liavr a per- I'rri ri^lit lo t Ills ii;i\ i;,'ai iini aini In t his rniniiii'ii r, ami i liry can mily lit* il('|ii'ivi'il uf it liy ihi'irowii act or li\ a rnnvrntimi. 'I'liis is a cU'ar proot *tt what is (It'iimnstrat*'*! in otln'r ways, that the whole ii in>i>ls. •• ha\ c e.\*r- ci.sed navit,'atioii in th*' seas and eoiiiincicc upon the eoa.st.s above men- tioned, from t he I ime tif llnir imlcpi'mh'uee ; ■■ Imt he do«'s not say on*» wtM'd in 1*';.; a id lo oiir posx'ssinn aii\ ii;;liisol ii.i\ i;;'at i*)n or ('oiiiiiien'e in the llehiiiiii .Sea. lie declares thai " iJnssia has not the ri;,'lii o| *'\. eliismn re specilii'. "of the s*'a which washes t h*'s»M'oasts. " '1 hat s»'a wa.s tlu'dreat (>c*'aii,or the i'acilic Ocean, or th*' .South Sea, the three names lieiii;; <'«piall\ nse*l lor the saim- tliinjf. he lanoiiaj',-' i( .Mr. .Mi ,v % v <^ 'O .^^ "ib" "•S VyEon the Nforthwest coast. Akt. III. It is moreoveragreed that, hereafter, there, shall not ho formed hy thecit- izens of tho United .States, or niuU r t he an tliority of the saitl States, any cstal)lislunent niton the \orthw(!.st coast of America, nor in an >■ of the islanils adjacent, to the north of tifty-four degrees and forty minutes (jf north laiifuihj ; and that, in the same man- ner, tiiere shall he none formed l)y Ru.ssian .snhjects, or under the authority of Ru-ssia, south of tlu' same parallel. Art. JV. It is, nevertheless, niulerstood that during a term often years, coin\ting from the signatiiie of the ])resent convention, th(> ships of huth powers, (U' which he- long to their citizeiiH orsn1)jects, respectively, m;iy r(^cipro(!ally lre(| iienf,\vithoi\t any Lindrance \vhate\ei , the int<'i im' mms. guif-i, harl.ors, ,tnd creeks, upon the coast nien- tiomd in the picci'ding article, for the pur[tosf of tisiiingaml trading with thti nat ives of tiio country. The lirst artiiile, by ciirefully inentionino- the (ircat Ocean and describ- iiijH" it as the ocean •' coininonly called the I'acitic; Ocean or South Sea," evidently meant to distinoiiish it from .some other body of water with which the negotiators did not wish toconliise it. Mr. Adams used the term '' South Sea " in the dispatch (]uoted by Lord Salisbury, and used it with the same discriminatinj;' knowledoe that jiervades his whole ar- fj'ument on this (jiu'stion. If no other body of water existed within the possible scope of the treaty, such particularity of description would have had no lo; l)ut 10 miles farther north Prince of Wales' Islaiul l)resented a better geographical point for division, and Russia accepted. SEAL FISHKIMKS OF IJEIIIJING HEX. 85 II little less tliiiii halt' the const of which slie iiad chiimiMl all aii.l .■)i.4i» was thus established as the divi(liiiiiveuti(tii l)ot\viu)ii the IJiiitfil Stati's tiiid ( Jroiit Hritaiii, of tlic 'intli of Ocfoln'r, IS!^, il. was airrLMMl tliat any couiurv that iiiii^lit In- cliiiiiinil by cirln-r i)arty on tlio Xoithwiwi coast of Aiiifrica, wfstwanl of rlu- .Stony Monntains, wbonld, t<>;j,t!tli(M' with its liiii'liin; , liays, and (.'nji'lvs, ami tin- n-i\'i;;atic)n id' all ri\(MS within thii same. Im" fn'O and o|k'1'. (or rlu- tiu'ni of tt'U yoars fiom that date, to tin; V('ss(ds, citiztMiH. and snUj(>cts of iho two powiTs, witnout pn^jndici' to tlio (dainis of <'ith('i' ]>ai'ty or of any otluu' state. Yon are antlmrl/.eil to propose an artie/h^ ot'rhe sain's inii>orr for a term of ten ye.ars from the .sij;iiatnre of a joint oonvtMition lietween the 1,'nited .States, ^rees north lat^itnde, and there- fore does not in tlie remotest degree toiu;li the IJehrin*;' JSea or the land boidering' upon it. Tiie several articles in the ti-eaty between Great Britain and liussia, February l.(>, ISi*."), that could have auy bearin;^-on the pendiny conten- tion are as follows: Articles land II (substantially the same as in tlu; treaty between liussia and the United States). AitTicrj-: III. The lino ot' dinnarcation between the possessions of the hijjh con- tractinf; jiarties. ni)on the coast of the (continent, iind the i.sl.ands of America to tho Northwest shall lie drawn in tlu; manner followliiii; : Comm'MK'iuj;' frcnn the .sonthernniost point of the island called I'rince of Wales Island, \vhi(di point lies in the parallel of .') I de,;;rees HI minntes noiih latitndc, and between the o.ie hnndri'd and thirty-lirst and the one hnmlred and thirty-third de- p;ree of west liiui;ilinle (meridian of (iioenwieli ), the said line shall ascend to tlH< north alonji the channel calleil PovtJuud I'ludiiiel, as far as the point of the continent where its strikes the til'ty-sixth desiree of north latitndc: from tliis last mcntione" xVrticle 111, specifies that "wherever the summit of tlie mountains whii'h extend in a direc- tion i>ai'allel to the coast, from the tiftysixtli degree of north latitude to the point of intersecition of the one hundred ami foitytirst degree of west longitude, shall i)rove to be at a distance of more than ten marl ne leagues from tin* oeean, the limit between th«; IJritisli jiossessions and the line of coast whieh is to behnig lo Russia, as above mentioned, shall b«» foi ned by a line parallel to the windings of tie coast, and shall never exceed the distance of ten marine leagues therelrom." By both these articles the line of demarcation eeases to have a!iy [par- allel relation to the coast when ir reaches the ])oint of intersec/tion of the one hundred and Ibrty-lirst degree ot west longitude. From that jxiint the one hundred and forty-first degree of west longi- tude, as far as it extends continuously on land iH)rtliwar(I, is taken as the boundarN between the teriitories of the two jiowei's. It is thus evi- dent that P>ritish subjects were guarantied the right of navigating oidy such ri\-eis as crossed the line of demarcation irhilr if followed the line of roust. They were limited, theiefore, to the rivers that emptied into the Pacific ()(.'ean between 54:40 and e source was in her territory. She consented, by signing the treaty of bSli."), to such total exclusion from the Behring Sea as to forego following her own river to its mouth in that sea. It shows a curious association of political events that in the Wash- ington treaty of ISTI the rnited States conceded to Great Britain the privilege of navigating the Yukon and its branch, the Porcui)ine, to the Behring Sea in exchange for certain privileges conceded to the United States on the St. Lawrence. The request of Great Britain for the privi- lege of navigating the Y^ukon and Porcupine is a suggestive con- fession that it was withheld from her by Russia in the treaty of 18li5; — withheld because the rivers flowed to the Behring Sea. The seventh article is practtically a repetition of the fourth article in the treaty between Russia and the United States, and the privilege of fishing and trading with the natives is limited to the coast, mentioned in Arti(;le III, identi(!ally the sanu' line of coast which they were at liberty to i)ass through to reach British America (u- to reach the coast from British America. They are excduded from going north of the pres(!ribed point on the coast near Mount St. Elias, and are therefore liept out of Behring Sea. it is to be noted that the negotiators of this treaty, in defining the boundary between the Russian and Ibltish {.ossessions, cease to observe particularity exactly at the point on the coast where it is intersected by ^'i^' SEAL FISUKKIES OF I5EIIR1\(; SEA. 87 the sixtieth [)nralU'l. From tliiit |)oinr tl)i' bouiidiiry is dosijiiiiit*-*! by the almost indetiiiite i»roh)n;iiitioii iim ihward of tlie one humired and forty-lirst de}j;ree of h)ii,uitiide west. It is phiin, tlieiefore, that tliis treaty, lilr;^()tten tliat this entire neo'ot jution of the three powers proceeded with full kno\vleihts in the waters ot Uehiinji Sea durinj;- the pt riod of liussia's soveiciynty. They lelt the Ih'hrin^ Sea and all its coasts and islands pretnsely as the ukase of Alexander in ISUl left them, — that is with a prohibition against any vessel a])- proa(!hin<^' nearer to the coast than U)() Italian miles, under danjjer of coidiscation. The original ukase of Alexander (I'^-l) clainu'd as far south as the lifty-tirst decree of north latitude, wilii the inhibiiioiiof lUO miles from the (H)ast applyinji' to the whole. The result of the i)rotest of J\lr. Adams, followed l>y the co o[)eration of (in'at Britain, was to force iJussia back to ol.io as her southern boundary, lint there was no renunciation wliate\er on the part of Kussia as to the liehrinf-' Sea, to which the ukase especially and pri- marily applied. As a piece ctf lejiislatiou this ukase was as authorita- tive in the dominions of liussia as an act of i'arlianieiit is in the domin- ions of Great iJritaiu or an act of Congress in the territory of the Tnited States. Except as voluntarily moditied by itussia in the tieaty with the LTnited States, Apiil 17, lk'2-f, and in the treaty with (Ireat Ibitain, February 1(1, 1825, the ukase of 1821 stood as the law controllin,i;' the liussian possessions in America until the close of liussia's ownership by traiud'er to this Government, lioth the United States and (rieat liritain recoj>nized it, respected it, obeyed it. It did not, as so many sujtpose, declare the liehrinjjf Sea to be inare clau.sioit. It did declare that the waters, to the extent of 100 miles from the shores, were re- served for the subjects of the Russian lOmi.ire. Of course many hun- dred miles east and west and north and south, were thus intent:oually left by Kussia for the whale fishery and for lishiii;.;' open and free to the world, of which other nations took large advantay-e. Perhaps in pur- sniufi' this advantajje forei;^ners did not always keep 100 miles from the shore, but the theory of right on which they conducted their l)usiness unmolested was that they observed the conditions of the ukase. But the lOO-mlle restriction performed the function lor which it was specially designed in preventing foreign nations from autlesting, disturb- jUg, or by any i)ossibility sharing in the fur trade. The fur trade formed 88 .SEAL FLSHKHIES OF HIMIUING SEA. the in'iiicipiil, almost the solo cmployiiuMit of the llusHiiin Aincricjun (Joiiipiiny. It tonncd its i'ini>loyint'iit, indeed, to such a (h'^rec! tluit it soon became Uiiowii only as the Russian Ameiican Fur (Company, and (luitesuj^jiestively that name is yiven to the(!()mpany by Lord Salisbury in the dispat"h to which I am replying. While, therefore, there may have been a lai';;e amount oflauiid whaliiij;- and tishinj;' in the Behriny Sea, the takinji' ot'fnis by (breij;ners was always and under all <;irciimstances illicit. ■ * Ki,nliteen yeai-s alter the treaty of lSli5 (in 1843) (Jreat Hritain made a commercial trt^aty with Russia, based on the priiicii)le of reciprocity of advantaji'es, but the rights of the Russian Anuuican Company, which uiuU'r both ukases in(.'luded the sovereign try over the sea to the extent of 100 miles from the shores, were reserved by special clause, in a sei)- arate and special article, sijjned aftei- the priM«;ipal articih's of the treaty liad been conehnU'd and sijiiunl. Althou;ih Ibitish ri^i^hts were enlarged with nearly all other parts of the Kussian iCuipire, her relations with the Russian possessions and with the Behriiiji;- Sea remained at pre- cisely thesaiiu^ ])oiiit where the treaty of bsi'.") had placed them. A;;ain in bS.")!) (ireat Britain still farther en larj;ed her (.'ommercial re- lations witli the Empire of Russia, and a^ain the " possessions " ami the Jiehriny Sea were held lirmly in their relations to the Iiiissian Ameiican Comi»any as they had been held in the treaty of bS4.'>. It is especially notable that both in the treaty of 1843 and the treaty of bS,")*.) it is declared that ■•' in rej^ard to commert^e an«I navif^ation in the Russian possessions on the northwest coast of Anu'rica the conveu- tion concluded at St. Retersbiirj'', February 1(1, 182o, shall continiu' in force." The sauu' distinction and the sanu' I'estrictions which Mr. Adams made in repird to tlu' northwest coast of America were still ob- served, and (ireat Britain's access from or to the inteiior of the con- tinent was still limited to thai part of the coast between .■34.40 and a point near Mount Saint IClias. The laiifiuayeof the tb.ree Riisso British treat- ies of 18.5, 1843, and 185!) corresponds with that employed in \lr. Adams' dispatch to "Sir. ^liddleton, to which refei'cnce has so frequently been maara- yra|)h is the key, and indeed the only key by which the treaties can be correctly interpreted and by which expressions ajiparently contradic- tory or nnintellijiible (!au be readily harmonized. Immediately following' thei)artial (pu)tation of Mr. Adams's disi^atch, Lord Salisbury (juotes the case of tlie United States brif»; Loriot as hav- iuj"' some bearin<4' on tlu' question relatiny' to the Belirin.i>' Sea. The case hai>peiu'd ori the b")th of Septemb(>r, 183(5, and Mr. Forsyth, Secretary of State, in a dispatch to the United States ministerat St. Petersburg-, declared the course of the R'tissians in .arresting" the vessel to be a vio- lation (>f the li^hLs of the citizens of the United States. Il(> claimed that the (;iti/eiis of the United States had the right iminemorially as well as by the sti|)nlations of the treaty of 1824 to tish in those waters. Lord Salisbury's understanding of the case differs enti ely from that held by the (lovernnuMit of the United States. The Loriot was not arrested in Behring Sea at all, lujr was she enga.i«ere than sixty miles south of Sitka, on the ''northwest coast.'' to which, and to which only, the treaty of 1824 referreelirin^' Sea, was not (^hanjied by the mere fact of the transfei' of sovereignty to the I'liited States. It was explicitly declaied, in the sixth article of the treaty by which the territory wa>^ ceded by Russia, that "-the cession hereby inas thereto." Neither by the treaty with Russia of lS'_*r», nor l>y its renewal in l.s4.'i, nor by its second renewal in ]>^'>\), did (Jieat IJritain uain any ri,i:ht tt) taUe seals in Btdirinritain never aflirmed the right of her subjects to cajtture fur-seal in the iiehring Se;', ; and, as a matter of fact, her subjects did not, during that long period, attempt to catch seals in the lU'hiing Sea. Lord Salisbury, in replying lo my assertion that these lawless intrusions up(Ui the fur-seal tiNlieries l)egaii ill LS80, declares that they had occurred before, lie ])0!nts out one attempt in 1870, in which forty-seven skins were found on board an intruding vessel; in 1872 there was a rumor that expeditions were about to lit out in Australia and N'ictoria for the i>urpose of taking seals in the Behring Sea: in 1874 some reports were lieanL tiiat ves- sels had entered the sea ft>r that puri)()se: ()ne case was reported in 1875; two cases in 1884; two ;dso in 1885. These cases, I may say without intending disresi)ect to his loidship, prove the truth of the statement which he emleavors to controvert, because they form Just a suttlcient number of exceptions to establish the fact that the destructive intrusion began in 188(). But I refer to them now for the i)urpose of showing that his lordshij) does not at- tempt to cite the intrusion of a single British sealer into the Behring Sea until after Alaska had been transferred to the United States. I am Justilied, therefore, in repeating the (pu'st'ons which 1 addressed to Her Majesty's (iovernment uii the 22d of last January, and which still remain unanswered, viz : WluMictMlid llie sliijis of Caiiiiilii (Ic'iive the ri<;lit t" do, in l-^~'ti, that wliicli lh(\\ luul vctVaiiU'd frmii doinn' tor nearly ninety yearn ? V\nf\i what yinn d.sdid I Icr Majesty's (iovernment d'iend, in the year iHSd, a course of conduct in the neiuinj;' Sea whicli iiad been careCiilly avoiih^d ever simc the dis- covery of that sea .' IJy wliat reasoninjrdid Him Majesty's (iovernnienr eonchuh' that an act may lie coui- mitted with impunity a^nainst the rif;hts of the I'nited States which had uevi r heen attempted anainst tlie same I'ights when held i>y tlie Ivussian Empire / I have, etc.. James G. Blaink. If! 90 SEAL I'lSHEKIKS OF BEIllilN'G 8EA. Xo. 28. Siy Ji(li. Sill : [ have to acknowledge your dispatch Xo. d,?) of the .'iOtli ultimo, inclosiiij»' copy of ii note from JMr. Hlaine dated the L'Oth ultimo. It contains several references to comniuni(!ations which passed be- tween the two Governments in the time of Mr. IMaine's predecessor, especially in the sprin<>' of 1888. Without referriuj>' at present to other portions of Mr. i^dainc's note I wish only now to point out some error in the im[)iessions whi{;li he has .^arliered from tlie records in his otlice with respect to those communications. He states that on the 'i3d April of that year 1 infornu'd the Au'crican char,u('' d'att'aires, iNIr. White, tiuit it was proposed to jiivt- effect to a seal (convention l)y order in council, • not by act of rarliauu'ut. This was a ndstaUe. It was very natural that Mr. White should not have ajiprehended me correctly when I was describin*;' the somewhat comitlicatcd airangemeiits by which agree- ments of this kiiul are brought into force in l*^nglaud. But two or three days after the 23d April he called to make impury on the subject, and in :'e|)ly to his (piestion the following letter was addressed to him by my instructions : FoKKiGN Offick, April 27, 18t'8. My Lkak White: Lord Siilistiiiryy an ord(M' in coniicil, not by ai'tof Parliament. WIkmi Mr. Phelps left the latter was thought necessary, atid last week I received a tehgram froin the Secretary of State, asking m<' to obtain eoiUidentially a copy of the i)riii)osed act of Parliament, with a view to assimilating our contemplated act of SEAL FISHKHIKS Ol HEIIIMNO SEA. 91 CdiijtrPHs theroto. I re])lio(l, after stioiny Li nl HiiliHlmi lust Sutunliiy, that llic>n> would lie no l>ill iiitrodiU'cU 'ii I'ai'liai^iriit, Iml an onli'i ii> I'oni'.cil. May I ask if (liis In- now i iconcct, as, in fliat t.'vciit, I slioiild particiiliirly like to corri'ct my Ibrnior shitenimr hy tiiis day's mail. To this the t'oHowin^ leplv wiis on the sanie ]ii'ovisions of tlit> convent ion wlicn it is siiiiicd. 'I'lic order in conncil will l>e niercly the ma('tH'd in tlie matter without an act of parliament, or eoidd priKteed without i)revions refeicnee to Canaihi, it was a mistake whicli must have been entirely dissii)ated by the eoricspondeiice which followed in the (Misninj;' week. My. Blaine is also niider a misconefption in imajiiniiio that 1 ever gave any verbal assurance, or any jjromise of any Iciiid, with icspcct to the terms ot the i)roJ('eted convention. Iler .Majesty's (iovcinment always have been, and are still, anxious for the arraiiyement of a <'.oii- vention whi(!h shall i)rovi(le whatever close time in whatc'.or localities is necessary for the pieservation of the far seal sjacies. 'iiir I have represented that the details mast be the snbje(;t of tliscnssion, a tlis- cnssion to which those who are locitlly interested innst of necessity con- tribnte. I find the record of the followin;^' conversation about the date to which iMr. Blaine refers: The MuniuiH »/ iydUtihurii to sir L. U'lxl, FoHKKiN Oi'iiCK, 2lor('li 17, IsSr". Sir : Since forwardine to yon my dispatch No. 'i'A of the '.iv.'d nltiino. I have hiH-ti in connnunn'ation with the Ixnssian ambassador at this court, and have invited his ex- cellency to ascertain whether his (iovernnuMit would aiithori/.e him to discnss with >Ir. Phelps and myself the sufrgestion made by Mr. Hayard in his dispatch of thcj 7th Fei)rnary, that concerted action should be taki'n by the United .States, Great Britain, and other interested powers, in order to preserve from extermination th(! fur seals whi(di at certain seasons are found in ISchrinu,' Sea. Copies of the correspondence on this (|Uestion which has passed between M. de Staal and mystdf is inclosed h(■re^^ itli. I request that you will inform Mr. HayaKl of the steps whicli have been taken, with a view to the iiutiation of ne<^oti.itions for an ajireemeiit lietween the three powers l»rineipally (loncerned in the nuiintenance of the seal tisht rii s. Hut in so doin.e yon should state that this action on tlu; i)art of Iter .Majesty's (iovcrnmcnt must not b& taken as an adnussion of the rij;hts of jurisdiction in Belirini^ Sea exei'cised there l)y the United States authorities during; the lishiui; stiasons of l^S(i-'87 and l-^S'-'ris, nor as art'ectiiij^ the claims which Her Majesty's Government will Jiave to present on ac- count of wrouj;ful seizures which have taken i)lace of British vessels eugaiiet' till- srul lishorii's in lli'liiiii;!; Sea, wliicli had lice II lintii^lit iiitu iiniiniiu'iici' hy tin* ii'cimiI act inn of tlir I 'iiili'd Slates. 'I'lii- 1 iiitrd Status (ioMTiiiiiciit had fX|iif.sH(ul a drsiic tliat siniic ayri'ciiicnt hIioiiM I)'' arrived at lictwrcii the llircc (Jnvfriiiiii'iiiH Cor the |)iir|)i>si' Htinn. At this picli miliary disi'iission it w as di'ciih'il iirdrisioniilh/, in nrdfi' lo J itrninh a Ixmis for tiiijiiliiitiiin, mill irillnml ilrjiiiilirrlii jiliiliiiiiii niir (litri riiiiiiiils, tliat th<« siiacc to lie I'DViTi'd l>y till' ))i'ii|msc(i cmiviMit mil shoiihl hi' tlii' si'a liotwcrn Ami'iica and liiissiji mil til lit tlif 17 th dry;uM' (d hMlilmlc : that tin' rltisi' tiiiii! sin Mild fxti'iid Ik nil tlit' ITitli April In thi> 1st NovriiihiT; thai diiriiij; that tiiiu- thi' slaii;f|ilcr itfall scalsshmilil ho torUiddiMi, and vo.sscls ontjajit'd in it should hi* lialilc to sci/iiri' hy tlm fi'iiisors of any of I he thi'i'e iKiWiTs, and should hi' lakoii lo ilic port of tlii'ir own nationality for con - dcimialion; that the Ivallii; in arms, alcohol, and powder slioiild In- prohibited in all the islands of I hose seas; and that, as soon as llie three powers had concluded a con- vention, they shoiili! join in snimiilliim it for the assent ot' the other miiiilinie pow- ers of the northern seas. The United Stales charf;e d'alfaires was exceedini;l\' earnesl in iiressiiiu; on ns the iiiil>ortam e of dispatch, on aceoiml of the iiiconceivalile .-la lighter that had lieeii and was still ifoinyc on in these seas, lie staled that in addition to the v;isl (|iiaiitity hr()iij;lit to market, it was a cmnnion jnai ,ice for those eiinajred in the trade to shoot all seals they iiiinht meet in the open sea, .mil that of these a i^ieat iinmher sank, so that tliiMi' skins could not he recovered. I am, (;te., Samsiutky. It was iinpossibh' to state luoio distinctly that any proposal niado Avas i)rovisional, and was merely niatU' for the i)nrpose ot'eiiiiblinf? the requisite nejiotititions to proceell tllc Klllld iij; lliu Htiial to he • ■ ir.tli iild 1)0 if iiiiy >r con- ill all . il COIl- li [low- ol' IIk' LMKli ol' .liiiH', ul which ii copy is iiiehtscd in my hust lut'ci'diii;; iiot^' of this (late, his h)i'lHlii|» «Um'mis il imiicccssarv !<• discuss :\\ any ^iivatcr h'lijitli the ciiciii istaiiccs wiiich h'tl to an iiit«'rni|iti(»ii oi' the iiieiit, said Mr. IMicips, "with a j^ciuTal election inipendinji', it would be of little nsc, and indeed hardly practit-ahle, to c(iii(inct any ne;:(»(ia- tioii to its issue before the election had lakcii place." 1 have, etc., Julian PAX^NrEFOTE. Xo. ;5(). Mr, Blaine to »S'e.sides, tiie answer comes so late that it would be impossible now to i>roceed this season with tUo iiegotiation the President had desired. All afi'reement to arbitrate recjiiires careful (ionsideration. The United States is i)erhaps more fully committed to that form of international ad- instment tlian any other j»ower, but it can not (ioiisent that the form in which arbitration shall be undertaken shall be decided without full con- sultation and conference between the two (iovernments. 1 be^' further to say that you must have inisapprelieiidelaine. 94 SEAL FISIIKUIKS OF HKIIKINU SKA. Xo. :n. Mr, llloiuc to Sir Julian I'aviicc/otc, H.vu llAini("i{. .Maim;, .hili/ 1!», isiio. SlW : 1 rcyrct tliiit ('irciiiiisliiiicrs beyond iii.v cnuirol Uaw post poiicd iiiy reply to yoiif t\\<) notes ol'-Iiiiie .WUli. w liicli were received on the 1st instiiid, on the eve of my h'ii\in«i Washin^^ton lor this |»hi('e. Tlie noto wliieh eaine to liand on tln^ forenoon of that ence lo Secretary Jiayurd, viz : Lord Sali.sltnry assc ts to yonr ])roi)osition to ostablisli l>y nnitnal arran in'eventive measnres it, may he thonj;ht hest to adopt hy orders issned to the naval vessels of the rt.'ai)ective Goveriniu'nls in that rej^ion. Mr. Phelj)s has lou^i' been known in this country as an able lawyer, ac(!urate in the use of words and discriminating in the statement of facts. Tiie (lovernmeiit of the rniled States neciessarily reposes implicit confidence in the literal correctness of the dispatch above SKA. 96 convention |M<'|iiuv(l tor s'il)niis>iiiMi to the Ivussiiin jniiltii.ss;i(|uiiiii(| thn Ann licMin cliiir^'c" Tiord Siilisl)nr,\ now coiifiKls tliat ;ill tlic |»t()('('t'(liii;;\s ;it tlic (•ii>ii(lfr all the |)i(>('(M'diiit>.s df Ajnil Hi, ISSS, i\^ caiiccltwl. so lar as Anii'iican li^ihts may Im» con- cerned. 'I'his (iovenmieut v.dl ask (lieat lii'Maiii to adhere (iid.\- to the .i^icenient made lietwcen Loi'd .Salislmiy and .Mi. I'liclps cm tiir i.'."»lli i)\' l'\'Iniiaiy, ISSS. That was an agreement made directly between the two ( Jovernnients and did not iiielnde the iiy:hts of lliissia. Askin;;' lionl .Salisbury t(» adln-n to the a;j;reeiiieiil of I'ebriiaiy L'."), we leave the agreement (»t Ai)ril 1<> to be maintained, iC maintained at all, by Jtnssia, lor whose cause and for w'lose advanta^^e it was particularly riii' 'y cldstMl tiio iii'i;otin- tion lifcaiiHf, in lii.sowii iihrasc, "tlii' (.'aiiailiaii (in\crimii 'it kIiJccOmI." To show t^ ;>' 'here were other causes for elosinj; tiie negotiation Lord Salisbury (U'sires that attentioii be called to n r« mark mtidi' to him b_\ Mr. IMielps on the 'M day of Ai)ril, issS, as follows: ''('nder the peculiai' circumstances of America at this moment, with a ■general election impendinj'-, it would be of little u.se and imieed hardly practi- cable to comluct any nej^i»tiation to its issue befoie the general elec tion has taken i>lace." J am quite ready to admit that su(!li ii statement made by .Mr. Phelps mi<;ht now be adduced as one of the reasons for breakiii<;' olT'th<^ nej^o- tialioii, if in fact the negotiation had been then broken oil', but Lord {Salisbury immediately proceeded with the negotiation. The remark ascribed to Mr. IMielps was made, as Lord Salisbury states, on the .'id of April, LSS8. On the ."ith of A]»ril Mr. IMielps left Loiid(Ui on a visit to the United States. On the (ith of Ai»ril Lord Salisbuiy addressed a pri- vate note to Mr. NN'hite to meet the Iviissiaii ambtissador at the foreign oflice. as he had api)ointt'(l a meciin^ toi' April 1(5 to discuss the (jiics- tions at issue concerniiiji' the seal ti-heries in Behriui; Sea. On the 2'M of April there was some (correspondence in rej^ard to an order in c(uincil andan act of rarliament. On the L'Tih of Ajnil L'lider Secretai'y Barriii{>ton, of the toreigu ollice, in an ollicial note, intbriued jMr. White that *' the next step was to bring in an act of Parliament.'' On the liSth of April Mr. White was inlbrmed that an act o! Parlia- ment would be necessary in .uidition to the or'^ion was in actual progress for more than four months alter the renuirk was nnule, and ]\lr. Pheli»s himself took large ]>art in it. Upon this recital of facts 1 am unable to recall or in any wa.y to qualify the statement which 1 made in my note of June 4th, to the effect that Lord Salisbury " abruptly closed the negotiation because the Ca- nadian Government objected, and that he assigned no other reason whatever." Lord Salisbury expresses the belief that even if the view I liave taken of these transactions be accurate they would not bear out the argument which 1 found upon them. Tiie argument to which Lord Salisbury refers is, J presume, the rcmonsti-ance which I nnule by direc- tion of the President against the change of policy by Her jNLijesty's Government without notice and against the wish of the United States. The interposition of the wishes of a British province against the con- clusion ol' a convention between two nations, which, according to Air. Phelps, "/w