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This item is filmed at the reduction ratio checked below/ Ce document est filmd au taux de reduction indiqud ci-dessous. 10X 14X 18X 22X 12X 16X 20X 26X SOX y 24X 28X n 32X Th« copy fllm«d h«r« ha* b««n reproduced thanks to tho ganarosity of: Library Division Provincial Archival of British Columbia Tha imagas appearing hara ara tha bast quality possible considering the condition end leyibility of the original copy and in Icaeping with the filming controct specifications. Original copies In printed peper covers are filmed beginning with the front cover and ending on the last page with a printed or illustrated Impres- sion, or the beck cover when appropriate. All other Oi^j' Conclusions respecting Fur-seal herd frequenting the Pribvloff Islands in Behring Sea. xujrxuij. Tin t*2<}-& cu« CHARLES BLACK, 6, Nobtb Bridor, Edinbvrqh; or HODGES, FIGGIS, & Co., 104, Gbaimii Strrrt Doruk. [C — 6041.] Price ^d. TABLE OF CONTENTS. No. Name. Date. 1 Mr. Trench I 9 I Mr. Siewerd a 4 5 6 7 i 8! 9 ' 10 11 12. 13 U 15 16 Sir R. Morier . . . , Governor-Qoncral of Canada . To Mr. Sicwcrd ... Sir R. Morier ,, To Sir R, Morier . . Sir R. Morier Goveriior-(ient'rnl of Caiindi Sir R. Morier To Sir R. Morier , Sir R. Morier )> » To Mr. Goslinp Sept. 17, 188S Oct. U9, Nov. 14, 28, .30. Dec. II. 12. Nov. 27, Dec. 30, Aug. 26, 1689 Oct. 3. Feb. 14, 1890 19. Mar. 19, May 9, Subject. Captain and crew of " Araiinah " arrived in Japan, and left for Vancouver . . . , Relating to seizure of " Araunah." What arc held to be boundaries of Russian jiosscssions in Behrinp's Sea ? . Case is before Embassy. Awaits fuller statement from owners . . . . . , , , Report by Canadian Privy Council, with doenments and facts connected with the case Replies to No. 2 . . . . . . Summary of case, with documents. Proposed course. Asks instructions .. ., ., Acknowledge.', above. Instructions for guidance .. Copy of letter to owners. Doubts as to case Report by Privy Council, and further papers Copy of note to M. de Giers in accordance with instructions in No. 7 ]?eply of Russian Government to above . . Asks for further information on certain points in the above reply . . . , Has there been any reply to above r Answers above. None, as yet. . Forwards reply of Russian Government to questions as suggested in No. 12 Comments on above. Do pot propose to address further representations to Russia Page 1 1 2 5 6 13 14 15 16 17 20 21 21 21 24 . ^J'jl ,1 ",* ■■(>: -.,.,, f'- 1 ■' ■>," ;- J>v' • , ( / ■ '■t ■ •1 ,' (,- v " ! ! -.*■ "': ■.♦i-v- ii,'...i 1 . .• Correspondence respecting the Seizure of the British Schooner " Araunah,*' off Copper Tslar.H, by the Russian Authorities. lat arc luns in 1 itenicnt . . 1 iimcnts , , 2 , , 5 course. • • 6 mce .. 13 14 , , 15 •e with ., 16 , , 17 ints in ,. 20 , 21 , . 21 cations , , 21 ddress * 24 No. 1. Mr. Th-ench to the Marquis of Salisbury. — (Received October 25.) My Lord, Tokio, September 17, 1888. I HAVE the honour to report to your Lordship that the captain and crew of the schooner " Araunah," of Victoria, British Cohunhia, captured hy the Russians, off Copper Island, at tlio commencement of July last, and taken to Vladivostock, arrived at Nagasaki on the 25th ultimo, and were handed over hy the Russian Consul at that poit to Mr. Consul Enslie, who sent them on to Iter Majesty's officiating Consul at Kanagawa. Captain Siewerd and his crew left Yokohama for Vancouver on the Ist instant hy the Canadian Pacific steam-ship " Batavia.'' It is unnecessary for me to trouhle your Lordship with a detailed statement of the circumstances connected Avith the seizure of the " Araunah," as full particulars have already hecn given in a letter addressed hy Captain Siewerd to Her Majesty's Chargd d'Affaii'es at St. Pctcrshurgh, to whom the complaint was addressed. I have, &c. (Signed) P. LE POER TRENCU. No. 2. Mr. Siewerd to the Marquis of Salisbury. — {Received November 19.) Sir, Victoria, British Columbia, October 29, 1«88. WIIEN seized on the 1st July, 1888, in the British sealing-schooner " Araunah," of this port, 8 miles off south extreme of Copper Island, hy the Russian merchantmau " Alexander II," and when I protested against this seizure, claiming to he hcyond the gun-shot limit, the Russian officer, M. Grehnitzky, replied : " I would seize you 100 miles further south if found with seal-hunting outfit ahroad." As the American side of Behring's Sea is closed to us, and I have been of opinion that when south of the islands (Copper and Behring's) I was in the open waters of the North Pacific Ocean, the above reply has prompted mc to ask of you the kindness to give me the boundary-lines of the Russian possession adjacent to the North Pacific Ocean, Copper and Behring's Islands included, as construed by your Department. As your compliance with my request may avoid serious loss of property the coming season, as I contemplate to himt again in those waters, I pray that your Honour will favour me with an immediate reply, I am, &c. (Signed) H. F. SIEWERD, Late Master of Schooner " Araunah." No. 3. Sir R. Morier to the Marquis of Salisbury. — (Received November 1 9.) My Lord, WITH reference to St. Pctersburgh, November 14, 1888. > your Lordship's despatch of the 7th instant, respecting the seizure of the " Araunah,' • I have the honour to state that the case is in the hands of * InclosiDg copy of No. I. [316] B 2 9 Ilcr ^fajcsty's Embassy, n sworn nffldavit, dated tlic 27tli August, togotlicr with a frotosl by the t'a])tain and a declaration by the Superintendent of the Comnio(h)ro slands, i* ho seized the ship, having been forwarded to Mr. Dcring, from Nagasaki, in a letter from the master of the ship, transmitted by the owners, asking that no aetion should be taVn until they have sent in their statement of claims and a legal opinion on the entire t'lsc. Until they Oo so I deem it best not to trouble your Lordship with the correspon- dence on the subject. I have, &c. (Signed) 11. IJ. D. MORIER. No. 4. Lord Stanley of Preston to Lord KnutsfonC -—{Received at the Foreiyn Office, November 28?) My Lord, Government House, Ottawa, November 6, 1888. I ILVVE the honour to transmit to your Lordship a coj)y of an approval llcport of a Committee of the Privy Council, submitting a communication fron Mcssit' Ilall, Gocpel, and Co., Victoria, British Columbia, the owners of the British schooner " Araunah," together with certain documents and facts in connection with the seizure of that vessel on the 1st July last, for an alleged violation of the Fishing and Hunting Laws of the Imperial llussian Government, by the Russian merchant-steamer "Alexander II," Avhilst in the prosecution of her legitimate calling as a scaling schooner in the Behring's Sea. Your Lordship will observe that a statement of this case has ah-eady been forwarded by Captain Siewerd, his mate and crew, to Her Britannic Majesty's Charge d' Affaires at St. Petersburgh. My Government desire that a remonstrance may bo made to the Russian Govern- ment for so nnwai'rantablo an act as that committed by the commander of the " Alexander II," end o claim made for the loss and damage sustained by the ownei j of the " .tVramiah " in consequence of this seizure in the open sea. I have, &c. (Sinned) STANLEY OF PRESTON. Inclosuro 1 in No. 4, Report of a Committee of the Honourable the Privy Council, approved by his Excellency the Governor-General in Council on October 22, 1888. ON a Report dated the 20th October, 1888, from the Minister of Marine and Fisheries, stating, with reference to the communication, dated the 21st September, 1888, of Messrs. Hall, Goepel, and Co., Victoria, British Columbia, the owners of the British schooner " Arunab," that it appears from the statements accompanying the communication, that the vessel in question was seized on the 1st day of July last by the Russian merchant-steamer " Alexander II " for an alleged violation, in that part of the North Pacific Ocean known as Behring's Sea, of the Hunting Laws of the Russian Government. At the time of the seizure the "Araunah" was pursuing a legitimate calling in waters which are open to vessels of all nations. It further appears that a statement of this case has already been forwarded by Captain Siewerd, his mate and crew, to Her Britannic Majesty's Charg6 d' Affaires at St. Petersburgh. The Minister recommends that a copy of Messrs. Hall, Goepel, and Co.'s letter, with its inclosures, be forwarded, through the proper channel, to Her Majesty's Government, The Committee concurring, advise that your Excellency be moved to forward copies of the papers herewith to the Right Honourable the Principal Secretary of State for the Colonies for transmission to the Foreign Office, in order that remonstrance may be made to the Russian Government for so unwarrantable an act as that committed by the commander of the " Alexander II," and a claim be made for such a reparation for the wrong done as may be commensurate with the loss and damage 1 siistiiiiiod by tlio owners of the " Araimah " in consequence of tliis seizure in tho open Hca. All which is rospectfuUy submitted. (Signed) JOJIN J. McGEE, Clerk, Privy Council. Sir, Inclosuic 2 in No. L Messrs, Hall, Ooepel, and Co. to the lion. J. A. Chaphan. Oovernment House, Victoria, liritish Columbia, September 21, 1B88. WE hnvo the honour to transmit herewith eertnin documents and facta in connection with the seizure of our seiiooner " Araunah," on the 1st .July last, for alleged violation of the Fishing and Hunting Laws of the Imperial llnssian (Jovcru- mcnt, by the Russian merchant-steamer "Alexander II," whilst in the ])ro8CCii1ion of her legitimate calling as a sealing-sehooner in tho Hehring's Sea, and which we respectfully iTge is a part of the North racilic; Ocean, and open to the vessels of all nations. The clcjir and comprehensive letter statement on i)rotest of Captiiin Sicwcrd, his mate and crew, addressed to Her JJritannie Majesty's Charge d'AIVaires at St. Petcrsburgh, and sworn to before Her IJritannic ^Majesty's Consul at Nagasaki, Japan, clearly sets forth an epitomt' of the circumstances attending the illegal seizure of oii<* vessel, properly registered as a Canadian vcvssel, and flying the British flag, aiul leaves (mt little for us; to add ii ■ nnection therewith. Inclosed will also be foimdc. i i s of the telegrams that passed bc^tween the master of our vessel and the British Embassy at St. Petersburgh, and by which we are assured that steps would bo taken, with least delay possible, in the direction desired, and that the Ilussian Govon '..ent had beer duly apprised of the seizure and its circum- stances. Although everything has been doncj by tlie master that could reasonably be expected to place the matter in the proper and most direct channel for investigation, restitution, and protection of British interests upon the high seas, still we deera it expedient to promptly report to llie Federal Government at Ottawa, through you, the fact of the seizure (and Avhat has been done to date) of our schooner whilst r(>gistered under the laws of the Dominion of Canada, witli the full belief that his Excellency the Governor-General in Council will cause such steps to be taken as will grant the relief and restitution which it is our pride and privilege to claim as loyal subjects of Her Majesty. In due course we shall forward a statement of claim of our loss against the Russian Government or whom it may concern. "VVg lltlVG &c (Signed) ' HALL, GOEPEL, and Co., Owners of Schooner " Araunah." Inclosure 3 in No. i. Telegrams from Mr. Siewerd, Master of Schooner " Araunah," to the British Embassy at St. Petersburgh, and the Replies to same. (1.) Vladivostoch, August 9, 1888. SEALING schooner " Araunah," of Victoria, was set during a heavy fog and calm by current within 6 miles of southern extreme of Copper Island, when seized by Russian merchantman " Alexander II." Left here with crew, among them twelve Vancouver Indians, unprovided. Please advise. Answer, Your telegram received, dteps will be taken with least delay possible. mm ■: : • ■ . . (2.) Vladivostock, August 16, 1888. Will forward protest sworn to before Consul at Nagasaki: also all documents pertaining to seizure. Please advise if necessary to protest here. Also of other steps required here. Owners' names : Hall and Goepel, Victoria. Answer. Your case has been brought to the notice of Russian Government, who liavc telegraphed to inquire into it. You might protest locally. Forward all documents here. luclosure 4 in No. 4, Diagram illustrating Position of Schooner " Araunah " ut time of Seizure, Inclosure 5 in No. 4. . , Mr. Siewerd to Mr. Bering. Dear Su-, August 27, 1888. REGARDING the seizure of the British sealing scliooner " Araunah," of Victoria, British Columbia, by M. Grobnitzky in the Russian merchantman " Alexander II," for alleged violation of the Fishing and Hunting Laws of the Imperial Russian Government, of w hich I informed you iu my tclcgi-aphic despatch of the Oth August, 1888, from Vladivostock, I now respectfully submit the following facts : — On the 1st July, 1888, at 6-30 A.ii., during a heavy fog and calm, I calculated the schooner's position to be 10 miles south by west of tlie southcru extremity of Copper or Medney Island. Judging myself in the open waters of the North Pacific Ocean, I ordered the canoes for hunting. At about 7"30 a.m. the fog lifted, when the schooner was found to be east by south, about 6 to 8 miles distant from the southern extremity of the island, with the canoes out to the south and west of the schooner. When in this position a steamer was sighted, which bore at once down upon us, proving the Alaska Commercial Company's steamer " Alexander II," flying at peak the Russian merchant ensign, and at maintop a green flag Avith white cross. AVhen near, the schooner was hailed, and I, the master was asked to come aboard the steamer, which I did. When on steamer's deck, I was informed by M. Grebnitzky that he would confiscate the schooner for being within the limit. This I denied, but was answered that the boundary ran from Cape Lopatka to the Inland of Atton, and that I could protest against the seizure to authorities at Vladivostock, where the case would be forwarded. As the officer produced no documentary evidence of his authority, I asked upon what authority the seizure was made, in answer to which the officer pointed to the flag at maintop, saying, "There is my authority." The officer and crew of schooner were then made prisoners, and transferred aboard steamer " Alexander II." The schooner was towed to the Settlement Glinka on Copper Island, where the skins, 133, were landed at Company's warehouse. Here I had to deliver the schooner's papers to Officer Grebnitzky. Before doing so I demanded a paper stating the reason of confiscation, which I fonvard herewith, and a copy of which I Avas asked to sign after it having been translated to mo by M. J. Mallinvensky to read in substance. That this day the schooner " Araunah " had been confiscated for hunting within the limits of the Russian possessions. I hereby notified M. Grebnitzky, in presence of M. J. Mallinvensky, of my protest against the seizure, which protest I would make before the nearest lleprescutative of Her Britannic Majesty s Government, and, in accoi dance with advice in your telegraphic despatch of 15th August, 1888, have protested to Admiral and Governed of Vladivostock, the certified copy of which I send herewith. The schooner was then brought to Petropaulovski by a crew of the steamer "Alexander," where, upon the arrival of the schooner, the salt, stores, provisions, and also part of personal property of crew, were sold by M. Grebnitzky without the con- fiscation having been declared legal by any authority other than his own. I must add that we had no intention whatever to violate the laws of the Imperial Russian Government, but intended to follow the hunting in the waters of the Nc+h Pacific Inrlosure 4 in N^ 4. DiAGR/.M ILLUSTRATING POSITION OF SCHOONER "ARAUNAH AT TIME OF SEIZURE. S„ H.F. Sieward, Master. GLINKA Position when seized Calculated position at 6. 30. a.m. July /*' 1888. 1 12 3*5 ■I — ' ?— j—k Scale of Miles y (t*{>0. S/SO l*7i J F.O 3IS 'H.MU-.. '. "m.-.lA 5' Uainns Id'eTr i 5 Ocean; neither had we any means to do otherwise, as the Iiunting oiitiit consisted of six Indian canoes manned hy two A'ancouver Inrlirms {':i''li. IFad uo fire-arms ahoard save three old muzzle-loading sliot-guns, heing the property of some of the Indians; also one shot-gun and one rifl(>, being the property of some oF tho iiieuibers of the crew. From the foregoing it will be soon that tlie schooner was set by an unknown current, not marked upon the chart, to the north and east of her course, and the canoes having left the schooner during the fog, when there was no laud iu sight, nor any visible sign to prove the calculated position erroneous, will explain the ])osition of the canoes at the time of seizure. Also that the schooner was not less than the estimated 6 miles from land is clearly proven by the "Alexander" steaming two hours and forty minutes at the rate of 6 knots per hour (see steamer's engineer's log) from point of seizure to Glinka, M'hich is 7 miles from south point of the island. This can be demonstrated on chart or diagram herewith, showing that it was impossible for schooner to have been, as alleged, within the 3 miles of gun-shot limit. As to the 133 seal-skins found on board, I refer to the schooner's fishing log, now in the hands of the Imperial Russian Government. I also beg to ?all attention to the fact that the steamer " Alexander II " is owned by the Alaska Commercial Company, who are also the lessees of Copper and Behring's Islands. As to the reliability of the st,atemcnt of M. Grebnitzky as to the true position of schooner at time of seizure, I will say that M. Grebnitzky is no mariner, and consequently no competent judge to ijci-sonally determine the exact position of schooner, furthermore, I learned while prisoner aboard the " Alexander," that neither the first nor second officers of the steamer had been called upon by Captain Gronberg, of steamer, to witness or verify the bearing and distance of schooner, so that the judgment of the schooner's actual position at time of seizure is but the guesswork of Captain Gronberg, of steamer " Alexander II," and of him alone, as a consultation on this serious point might have resulted in proving the schooner beyond the limits. In submitting the above facts to your careful consideration, I beg that you will use every means in your power to eftect a restitv.tion of the unjustly and illegally confiscated property, and paymoiit of damages inc irred thereby. \nvy, &c. (Signed) H. F. SIEWERD, Master. The above sworn to before Her Britannic Majesty's Consul at Nagasaki by myself. (Signed) N. P. Bonde, Mate. W. Standish, Steioard. G. Brum, 1 , , P. DOEEING,/ and forwarded, together with all documents, by Consul Mr. Enslie to St. I^etersburgh. .B. No. 5. Foreign Office to Mr. Siewerd. Sir, Foreign Office, November 23, 1888. I AM directed by the Marquis of Salisbury to acknowledge the receipt of your letter of the 29th ultimo, relative to the seizure of the British schooner " Araunah " off Copper Island by the Russians in July last. I am to forward you a copy of the Treaty between Russia and the United States of the 30th March, 1867,* and to inform you that the details connected with the seizure of your vessel have not yet reached Her Majesty's Government. I am, &c. •v ..,r -.-_iT"r.7r ;.. H.iT . i (Signed) JULIAN PAUNCEFOTE. iitin;; * See « Slate Papers," vol. IWi, p. 45S. 11 No. 6. Sir R. Morier to the Marquis of Salisbury. — {Received December 5.) My Loi-d, St. Petersburgh, November 30, 1888. WITH reference to my despatch of the 14th instant, I have the honour to state that I have now received the complementary information from the master of the " Araunrh " wliich enables me to deal with the case. Befi /re addressing the Russian Government on the subject, however, there are two or three points on which I should be glad to receive guidance from your Lordship; and I think, therefore, that I cannot do better than to make a statement of the case, so that its doubtlV.) points may be properly submitted to your consideration. The " Araunah," a British schooner, of British Columbia, master F. H. Siewerd, equipped for seal hunting, found hei-self, in accordance with the statement of the master, on the 1st July, 1888, at 6"30 a.m., in a heavy fog and calm, 16 miles south by west of the southern extremity of Copper Island. Judging himself to be in the open waters of the North Pacific Ocean, the master ordered the canoes out for hunting. At about 7"30 A.M. the fog lifted, when the schooner vvas found to be east by south about 6 or more miles distant from the south point of the island, with the canoes out at various distances to the south and west of the schooner, about 2 miles away from her, the most distant being about 3 miles from tlie ship. When in this position a steamer was sighted, which bore at once down upon her. This proved to be the " Alexander II," a ship belonging to the Alaska Commercial Company of San Francisco. She was flying at the peak the Russian merchant ensign, and at the maintop a green flag with white cross. The name of her master was Gronberg, that of the chief oflicer Arlen, and of the second officer Imberg ; but besides these there was on board a M. Grebnitzky, not a naval man, who described himself as Superintendent of the Commander Islands. By his orders the " Araunah " was hailed, and her master, Mr. H. F. Siewerd, brought on board the "Alexander II." M. Grebnitzky then informed him that he wonld confiscate the schooner for fishing too near the land. Mr. Siewerd then asked him on what authority he acted. M. Grebnitzky produced no documentary evidence, but pointed to the flag at the maintop, saying that there was his authority. The officers and crew of tlie " Araunah " were then transferred on board the " Alexander II," l)y whicli the British vessel was towed to the Settlement Glinka, on Copper ] -land. Ilcre the skins, 130 in number, were landed, and the ship's papers delivered to M. Grebnitzky. The schooner was then brought by a crew of the "Alexander II " to Petropaulovski, and upon her arrival the salt, stores, and provisions, and also part of the personal property of the crew, were sold by M. Grebnitzky, without the confisca- tion having been declared legal by any authority but by his own. On the ICth August Mr. Siewerd, master of the "Araunah," entered a protest before the Governor of Vladivostpck, and another on the 27th at Nagasaki before Iler Majesty's Consul there. The facts above stated are taken from these two protests. The latter, moreover, contains a diagram showing the position of the " Araunah " at the time of capture, and explains her position there on the hypothesis that she must have drifted from where she was at 6'30 to where she found herself at 7'30 under the impulse of a current not marked on the chart. In addition to these .*vo documents, the master of the "Araunah" produces an affidavit signed by himself and a Captain Butler, whom he seems to have taken with him as a witness of a conversation held on the 16th October at San I . jisco with Gronbtrg, the master of the steam-ship " Alexander II." For Siewerd, on hearing that the " Alexander II " had proceeded to San Francisco, went there to obtain a copy of that vessel's log. Gronberg, however, refused to give him one, but volunteered to give him a verbal aecount of what took place. Siewerd, in addition, asked various questions of Arlen, the chief officer, and Imberg, the second officer. The following are the facts that were obtained by this process. Gronberg declared that he had taken no regular bearings, but had only made a rough approximate guess ; that he bad had no letter of marque at the time of the capture, but that, not wanting trouble, he had got one the same day after the capture. On being asked whether he remem- bered M. Grebnitzky saying to Siewerd, " I would seize you if you were 100 miles south of the islands," he replied, " Yes, I heard M. Grebnitzky say this." To the questions put to him, M. Arlen, chief officer, replied that he had no idea whatever respecting the distance and bearing of the "Araunah" at the time of her various oUowing he had that he trouble, remem- )0 miles no idea of her capture, as his opinion had not been asked, and he did not trouble about it. The entry made by him in the log was what the captain had given him. Inthe opinion of M. Imberg, the second officer, the schooner was from 5 to 7 miles distant from the land. I collect the following further facts from a letter, dated the 25th October, addressed by Mr. Siewerd to Her Majesty's Embassy : — 1. That the steamer " Alexander it " being the property of the Alaska Com- mercial Company of San Francisco, who are the lessees of the seal trade in the North Pacific Ocean, including Copper and Behring's Islands, and that Company treating its servants exceptiqnally well and providing them with liberal pensions, due caution should be taken in accepting Qronberg's evidence, as that of a servant of the Company, as regards the position of the ship, on which alone the whole case of the captors depends. 2. That the following conversation took place between Siewerd and M. Grebnitzky at the time of the capture. The former called the attention of the latter to the fact that he considered himself, when south of the island, in the open waters of the North Pacific Ocean. " I would take you," replied Grebnitzky, " 100 miles south of the Commander Islands if found with seal-hunting outfit on board," thus claiming jurisdiction to the pai'allel of Atton Island. Mr. Siewerd states that it is evident that M. Grebnitzky ma'^le the seizure in this belief. 3. Mr. Siewerd states that M. Grebnitzky is a civil officer, not a naval officer, that lie is Inspector of the Commander Islands, that he receives a salary of 1,200 roubles per annum, that he is well feed by the Alaska Commercial Company, and that he does everything to further their interests, and to assist them in accomplishing their object, which is the extermination of private sealers, and the obtaining of a monopoly in this industry. Lastly, I received a letter, dated the 25th October, from Messrs. Hall, Goepel, and Co., the owners of the ship, dated Victoria, British Columbia, the 25th October, in which those gentlemen assess their damages at 21,852 dol. 78 c, with recurring damages at the rate of 10,500 dollars per annum, should their claims not be settled by the 15th February next. The points of law and others on which I am anxious to take advice before writing to the Russian Government are the following : — 1. What are the minimum formalities required to constitute the legal capture of a foreign ship for acts rendering such ship liable to capture ? If the statements of the master of the " Araunah " are correct, the latter was captured by a ship lielonging to a San Francisco private Company, with no Representative of the capturing Govern- ment on board but a Civil Inspector; and with no evidence of his holding a com- mission. When challenged to show his authority he is unable or unwilling to show papers, and only points to a green flag with a white cross, flying from the maintop, as his authority. I have ascertained that this flag was at one time the Russian Customs flag, that it is no longer so used, and has been superseded by a blue one ; but I have not yet been able to ascertain when the supcrccssion took place, which, of course, may turn out a point of capital importance. 2. What is the meaning of " letter of marque " in the sense used in the statements of the master of " Araunah " ? 3. The master of the " Araunah " deposes to the sale by M. Grebnitzky at Petro- paulski of the salt, stores, and provisions of the vessel, and of part of the personal jn-operty of the crew, without the confiscation having been declared legal by any authority but that of Grebnitzky himself. It is nowhere stated that the schooner was disposed of, or that any steps M'ere taken to have her condemned by a regular constituted Court. I have written to the OAvners to ascertain whether they have any knowledge on this subject. In the mean- time, I presume I may assume that the sale of the ship's stores and the portion of the personal property of the crew on the sole authority of the captor was illegal. i. How does the matter stand as regards the presumed assumption by Grebnitzky that Russia had a jurisdiction of 100 miles south of the Commander Islands ? I regret to say that I am not au fait as to the present state of the controversy in regard to Russian claims to a mare clausum in the North Pacific. Before concluding, I must allow description given by the master of the (3J6J myself an observation with reference to the ' Araunah " of the position of his ship at the C 1 time of ber capture, and of the circumstaaccs wliich caused her being thei'e. lie says tbat at G'30 a.m. Lc- cjilicribk^l tiKtt tlie schooner's position was 1(5 miles south by west of the .southeru exlremiir of C't>pper Island. At this time, there l)cing a heavy fo^^ and calm, he ordered lJ*e ^ix crfcno^^s out for hunting. At 7"30 a.m., that is, an hour after- wards, the fov lifts, jod tbc schooner is found at miles distant from the south pniiit of the island, Aviili iljt- canos to tlic south and west of the schooner, at a distance, with one exception, of not more than 2 miles from her. The inference of the master is that he was carriied by an unknown cun'ent from the spot at which he was at 6"30 to that at which he was icaptiur^i at 7'30. If the diagram annexed .o the affidavit taken before Her Majf*ty"s CotuMiiI at Nagasaki is correct, this distance would be 17| miles. It would, of coiirs*. Eot b*^ fair to assume too gi-cat accuracy in a diagram of this kind. Jseverthelefis. line distance cannot be estimated at less than between 10 and 17 miles. I do not know wbietber sKkcli currents exist, but, if they do, it seems strange that the maste* is enteretl upon, but not dealt with, as it appeal's to me, in a satisfactory manner, for ilr. Siewenl admits that the scliooner l)cing G miles off, one at least ot her canc*e» was 3 miles away I'rom her, which might bring it dangerously near, if not actually on the Custom-house limit ; but then, further on, he admite hypothetically that tbic can»>?s might have been found Avithin the Custom-house limits, and gives what he <.xm*id».rs satisfactory explanations for their being tiiere. Lastly, he prtrt^-sis ai«f»in.st the accusation made against the schooner that she was within the Cuslom-lintta^*- limit.s, whereas the charge made l)y Grebrintzky is not that she (the schooner) wa? witbiln those limits, but that she was seal-catching within them; an oi)eration ])erfon3M''.il n.i>l! by herself, but by the canoes sent out by her. Under these ciicuni»tances I consider that the charge brought by Mr, Siewerd again.st M. GivbnilztroifhaTinar captured tlie schooner on the ground of her having boon within ]<»i.i imle* ".4 Commander Isles need not be regarded as serious, seeing that we have to deal wjitb a written declaration, bearing Grebnitzky's signature, to the eifect that he (japtural the " Axaunah" for catching seals within the Customs limits. Accordingly h appoar* ti> me that all I can do at present is to inquire of the llussian Govoirxient wfctLv^r the scliooner has been condemned by a proper Court, if n jt, M'hen and where htir (trial will take place, and what facilities will be atforiled to the owners for defemdim:; tBieraselves, and, in case she has been tried and condemned, to request that I may hs furnished with the evidence on which the condemnation took place. Of course I '-boiiild also inquire into the alleged sale of the ship's stores and provisions before she bad been formally condemned. This final considcfaiti«>n of the case suggests a very important legal question. Supposiiig, which I strongly suspect would be found to be what actually happened, that the schooner wa.« fmtgHe the 3-mile limit, but one or more of the canoes inside it, would a Bussian <«hip bare had a legal right to capture the " Araunah " outside the Unit, that is on the iii^ aeasy Su: an infraction of Hussian Fishing Laws by her canoes within the limit. ? R. B. D. M. lie says th by west vy f Off and hour after* outli point 1 distance, tlie master at 6-30 to avit taken 17f miles, im of this 10 and 17 range that >f the fact ve placidly laAc done, I'- DRIER. ! carefully previously luse of the ouse limit \x difFers in ;asaki, the to me, in a 69 oif, one iiii^erouslv he admits use limits, at she was is not that hiu them ; Siewerd liaving eeing that ire, to the s lim^its. Art of the r Court, if ifforiled to )ndemned, atiou took stores and ition. happened, s inside it, >utside the ws by her D. M. Inclosriire 1 in No. 6. Mr. Siewerd to Mr. Bering, Angutt 27, 1888. [See Inclosnre 5 in No. di.] Inclosure 2 in No. 6. Petition. (Translation.) To his Excellency the Military Governor of Vladivostock. The Petition of H. F. Siewerd, master of the British schooner " Araunah." AETER the capture of the British seal-catching schooner " Arannah," belonging to the port of "Victoria, in British Columbia, Messrs. Hall and Gocpcl owners, for a certain infringement of the laws of His Imperial Majesty, I, the undersigned master of the above-mentioned schooncn-, feel myself bound to state as follows. On the 1st July (n.s.) of the present yeai-, about ({'SO a.m., and during a dense fog and calm, considering myself to the south-west and at a distance of 1(5 nulcs from the southern extremity of Medney Island, and thinking that I was in the open waters of the Pacific Ocean, I sent canoes for soal-hunting [lit., "sporting."— J. M.]. About 7*30 the fog began to clear oil', and it appeared that the schooner was east by south of the above point, and at a distance of ti miles and more from it ; the canoes were to the south-west of the schooner, and about 2 ixiihs away from her, the most distant canoe being about 3 miles aAvay from the ship. While in tliis position I observeearing down straight on us, and she proved to be the Russian merchant-steamer " .Vlcxander," flying the Russian commercial flag at her galf, and a green flag with a white cross at her luaintopgallant mast. She hailed the schooner, and I, the master, was ordered to come on board. "When I got on board the steamer I was told by an officer who was on board (I subsequently discovered it was M. Grebnitzky) that the schooner Avas confiscated because she was too near to the coast. I wanted, and endeavoured to explain the reason of this, but was told that I conld protest to the authorities at Vladivostock, Avhitheran explanation of the circumstances of the case would be sent. As this ofFieer, however, did not exhibit any documents establishing his identity, I asked him what was bis authority for seizing the schooner, upon which M. Grebnitzky, pointing to the flag flying at main- topgallant mast, replied that was his authority. After this \ho officers and sailors of the crew were arrested and transferred on board the steamer. The seliooncr was towed to the Settlement of Medney Island, to which 133 of our seized seal-skins were conveyed. Of these 133 skins, two were obtained during tlic fog of the 1st July, and the remaining 131 skins wen; procured on the north-western coast of America and on those of the North Pacific Ocean. After tiiis the schooner was sent to P(>tropatdovski, where the salt, crew's provisions, &e., were sold by M. Grebnitzky. Having described the circumstances of the case, I have the honour to state to your Excellency that I protest against the accusation made against the schooner that she was within the Custom-house limit, i.e., less than 3 miles from the shore. The follow- ing may serve as proofs. During the fog and calm the schooner was carried by an unknown current to the north and east from her course ; the canoes were dispatched to hunt, as already stated, during the fog and calm, because I considered I was 10 miles from the shore. If the canoes were found within the Custom-hoi'.se limits, the foregoing circumstances Mould explain their presence there. The principal pi*oof that the schooner was not less thaii 6 miles from the nearest point of the coast, and even more, is afforded by the fact that the steamer occupied two }>ours and forty minutes in steaming from the place of the schooner's seiisure, which is situated (o the east and south from the southern point to Glinka Settlement (the Settlement is north-west of the point, at a distance of 7 miles from it), the steamer towing the schooner at the rate of miles an houi- ; measm-ing by the chart, it is evident that the schooner was at a greater distance than (j miles from the nearest shore, i.e., from the soiithera extremity of Medney Island ; hence it follows [316J 2 10 that tho canoes could not Imvo been within the limits of jurisdiction of the Custom- house. In addition to this, I beg that tho fact may bo taken into consideration that there was no intention to infringe the laws of tho Imperial Russian Govommcnt in any form soever, and that I was fishing [lit., " himting "], in accordance with the instructions of my owner, in the open waters of the Pacirtc Ocean. I would also add that I verbally informed M. Grcbnitzky that I was bound to protest in the nearest British Government Oflicc [lit., " institution "J, of which protest this Petition is a copy. I, therefore, have the honour to request your Excellency not to leave the above- described case without examination, as also to convince yourself of the truth of my assertions by examining my crew under oath. I request that a copy may be issued to me of this Petition. Vlaclivostock, August 6, 18S8. I attest the correctness of this copy of the original. (L.S.) (Signed) (Signed) II. Popoff, Chief of Chancery. C. P. MUTZ {sic), Rear-Admiral. Inclosure 3 in No. (5. Diagram. [See Inclosure 4 in No. 4.] I Inclosure I in No. 6. Cerlijicate. (Translation.) THIS 19th day of June, 1888, by decision of the Superintendent of the Commodore Islands, in accordance with the Order of the Governor-Genoral and the Notice issued by the Imperial Russian Government against illegal hunting and fishing within the limits of Russian territories in the Pacific Ocean, has been confiscated the schooner " Aiaunab," Siewcrd masler, for seal-catching near Medney Island, within the Customs limit In proof of which this certificate, with seal attached, has been issued to Mr. Siewerd. (Signed) GREBNITZKY, Superintende7it of Commodore Islands. Victoria, British Columbia, June 19, 1888. (Seal of Superintendent of Commodore Islands.) Inclosure 5 in No. 0. Mr. Siewerd to Mr. Bering. Sir, Victoria, British Columbia, October 25, 1888. THE Russian steamer " Alexander II " arrived at San Francisco, California, from Petropaulovski, Kamtschatka, on the 12th October, 1888. I went to San Francisco for the purpose of obtaining a copy of the steamer's logs, by which I could prove the schooner's position at the time of seizure, as stated in my protest, and the contents of these logs had been shown to me privately both by the chief officer and chief engineer of steamer. Upon consulting Her Britannic Majesty's Consul at San Francisco, California, I found that we had no power to compel the master of a Russian vessel in an American *)ort to produce his logs ; 1 therefore concluded to formally demand same of the master le Custom- ration that ovommcnt lance with vvoiild also est in the Petition is the above- uth of my sic), Admiral, ommodore ; issued by the limits schooner e Customs issued to l\ of the steamer " Alexander II," the result of which you will see from inclosed affidavit. In connection with the facts already submitted to you in the official documents, I take the liberty to bring to your notice a few remarks which I did not doom prudent to insert in the protest. 1. The steamer " Alexander IT " is the property of the Alaska Commercial Com- pany of San Francisco, California, tho lessees of the seal islands in the North I?aciflc Ocean, including Copper and Bchring's Islands. The "Alexander II" hails from Vladivostock, and is commanded by Captain Gronberg, a resident of Oakland, California, who has been in the service of the Company for the past fourteen years. The Alaska Commercial Company pays its servants well, and when after a term of years they are unfit for service, gives them a liberal pension ; this liberality, of course, makes the employes, with perhaps few exceptions, pliable tools of tho Company. I mention this as the authority as to the schooner's position, &c., at time of seizure on tho part of the Russian Government will be principally that of Captain Gronberg alone, and on account of the above facts should be taken with due caution. 2. At time of seizure I called attention of M. Grebnitzky to the fact that I con- sidered myself in the open waters of the North Pacific Ocean when south of the islands, when he replied, " I would take you 100 miles south of the Commander Islands if found with seal-hunting outfit aboard," claiming jurisdiction to the parallel of Atton Island, and it is evident that he made the seizure in this belief. 3. As to M. Grebnitzky, tho Representative of the Imperial Russian Government, I will briefly say what I learned about him. Grebnitzky is a civil ofiieer (no naval officer), is Inspector of the Commander Islands, said to receive a Government salary of 1,200 roubles per annum. It is an open secret that he is well feed by the Company and sees that everything is done to further tho wishes and interests of the Alaska Commercial Company, one of whicli is the extermination of private sealers by either foul or fair means, and to obtain the monopoly of this industry. The Russian Government will have no trouble to convince itself of tho true character of Grebnitzky, as Dr. Grenevitzky, a military physician, who resided two years on Copper and Rehring's Islands, lias returned to Vladivostock on the 18th August, 1888, to report to his Excellc ley Governor-General Korff about tho state of affairs on the islands and the relations of the Government's servant Grebnitzky to the Alaska Commercial Company. From this source sufficient can be learnt to prove beyond doubt that the seizure, although made by the person Grebnitzky as a Russian official, it was practically made by order and in the interest of the Company. I have endeavoured to give you the undisguised facts of the case in my own way and language ; I now here rest my case, and again earnestly pray you to use every means in your power to secure a restitution of the so unjustly and illegally confiscated property, and payment of the damages incurred. I am, &c. (Signed) P. H. SIEWERD, Late Master of the British Schooner " Araunah." Inclosure 6 in No. 6. }, 1888. rnia, from Francisco prove the ontents of engineer lifornia, I American he master Mr. Sieiv^rd 'o Mr. Bering. Sir, Port of San Francisco, California, October 18, 1888. IN order to obtain the proof of the assertions made in my protest against the illegal seizure of the British sealing-schooner " Araunah," which protest I forwarded to you from Nagasaki, Japan, I called upon Captain Gronberg on board the Russian merchant-steamer " Alexander II," now lying at this port, and in presence of the undersigned witness. Captain George Ball, asked Captain Gronberg for a copy of the steamer's logs of the day 1st July, 1888, on which day said steamer ''Alexander II," of which said Captain Gronberg was then master, captured the British sealing-schooner " Araunah," off Copper Island. Captain Gronberg flatly refused to give any copy of the logs, but volunteered to give me a verbal account. Captain Gronberg states, " The schooner bore at time of capture about east by south-half-south, distant 3 miles from south-east point of island." % .4" I dHkcd, " By wliat method did you dotermino this distance, by cross hearings or four point l)uuriiigs ? " Captnin Gronhorp replied, "I justmnde a rough guess." Captain Unll, the witness, spoke, " Your judpfment as to distance is tlien only hy an approxiniution ?" Captain Gronherc replies, " Yes, Sir." I tnon asked of Captain Gronherg, " ITad you a letter of marque at the time jrm captured the ' Arsiunah '?" Captain Gronberg answered, " No, Sir, hut I got the letter the same day after the capture a.s I did not want any trouhle." I asked, " Do you reuiemhcr iiaving hoard M. Grebnitzky say, ' T would sei7,e you if you were 100 miles south of the islands ? ' " Captain Gronherg replied, "Yes, f luvird M. Grehnitzkv sav this." T 'cxt asked M. Arlin, chief oflieor, " T)o yoij know the distance and hearing of the ' Araiin.'iii ' at the (ime yonr sicjuncr captured licr ? " M. Arlin replied, " I have no idea whatever ; as my opinion was not asked, I did not trouhle ahout it." I asked, " Pid you not make the entry in tlie shi[)'s log ? " !M. Ailiu vcplied, "Yes, I copied wliat the captain gave me." T also (|iioslioncd M, Truher, second oniecr, as to his knowledge as to the hearing and distance of tlie " Araunah " at time oi' capture. M. Truher states, " In my oi)inic)n the schooner was ahout 5 to 7 miles from the land."^ "Wo, the irtidersigned, solemnly swrar that we have can-fully read over the foregoiiiy;, and lliiit it is a true and correct statement of tlie intcrvimv whieii took place on hoard tlie Kussian merchant-steamer "Alexander II" (ji\ Tuesday, Kitli October, 1H88. (Signed) U. F. SIliWEllD. lair Mai^ler of Tirithh Schooner " Arauniih." (Signed) Gkorge I3all. Subscri1)ed and sworn to at the liritish Consulate, San Francisco, this IStli dav of October, 1S88. Before me, (Signed) Dknis Donouok, Consul, ic(i is the private property of the Alaska Commercial Company. We also inclose 1 les fi'om fhe 18 stud'int'iit of claim amounting to 21,852 dol. 7') c. Wo have mndis tliis claim an clfur as possihin without cxajjg^'rating valiics, wliidi will save a good deal of writing asiiing for explanation. Tlic cost of schooner we havo put at lior naarkot value ready for sea. The outlit for scaling cruize is actual, for which we have vouchers. The estimated catch of 2,1(X) skins, at per nut j)rotit 5 dollars j)cr skin, we arrive at as follows : — iJol. 0. Orom vnluo of nklnK nt ,, .. .. .. .. ., T M) Ijt'sN ulliiwcil IndiaDK per nkin, and puil nf oalHl, coiixuiiivil ii> tliu nliniM! ruvi)iuuii, &u. .. .. .. .. .. .. 2 6(1 r, 00 The items following in Statement are actual. The foot-note also explains itself. The aeeoiint hears interest at the rate of 10 per cent, per annum until paid. Also if >'(• arc not in a position on the l.'ith I'fl)ruary, 1^8!) (the day on which th(! next season conmu.'iices) to send out a schooner wailing, wc shall incur the sanu; amount of loss next year, and consequently are entitled to tht; sam(! amount of damages, viz., the net prollt on the catch, 10,500 (h)llai-s. Tlu! same for every i-nsiiing year. We trust these explanations arc clear to you, and that you will hav(! no dilliculty in placing our claim Ixd'ori! the Russian (Jovernmenl. We inelost! a hitter from Captain Siewerd, promised in his to y(»u of tiic 2(ith ultimo, which may, we think, he of assistance in estahlishing our claim. Wc can only ask you to (h) all in your power on our hehalf, and thanking you for the trouhle you have already hoeu put to in this matter. Awaiting your advice, w(! have, Sic. (Signed) HALL, GOEl'EL, \Ni> Co. Inelosun; 8 in No. (5. St.\1'j;mi:nt of Claim made hy Messrs. Hall, Goepel, and Co., of Victoria, Columhia, owners oi" the Hritisli schooiwr " Araunali," against the I l!u.ssiau (Joveriiment, for iUegal seizure; of said schooner " Araunah " steamer " Alexander II," in the open waters of the JJehring's Sea, on the of July, 1888. D.il. c. Cost of ^ch()()ll(.■l• iciiily fur sun .. .. ., .. .. H.dOll OO Outfit for SI iiliii;; fiiiizc .. .. ,. .. .. .. 2.0 !i 02 K>tiniati'(l ratcli of si'iils (2.100), at i)cr net protit .'» ilol aw .. .. lli,.)00 00 Moneys laid out l>y mnstcr wliilu in iiaiiJK uf Kiiiuiuii (juvcrimiuiit, fur huI>- sisti'iifc cliaijjis iiieuried .. .. ,, ,. .. ISO ('0 Wngt's to iiiasti r and crew .. ., ., .. ,. SOO 1.1 Fare of iiitistcr and trcw fro-n Vancoiivor to Victoria, liritisli Columl)ia , , •M 00 Cost of transporting (y Indian) crew to west coast of Vancouver Island .. '2-')\> 00 Total .. .. 'JKBJli 7.5 Hriti.sh m|)(!riiil hy the 1st (lav Bearing interest at the rate of 10 per cent, per amium, and recurring damages from loss of schooner of 10,500 dollai's if not paid hy the 15th } cbruary, 1889, aiul the same amount i'or every ensuing year. (Signed) HALL, GOEPEL, and Co., Owners of British Hchoonvr "Araunah." October 25, 1S88. No. 7. The Marquis of Salisbury to Sir R. Morier. Sir, Foreign OJice, December 11, 1888. I HAVE received your Excellency's de^>atch of the 30th ultimo relative to the seizure of the British schooner "Araunah" by a vessel belonging to the Alaska Commercial Company, and to the detention of the ship and sale of her stores at Petropaulovsk. I am of opinion that the proper course will be that you should in the first instance, as you suggest, address a note to the Bussiaa Goyemment, inquiring ■fOT 14 ■whethcir (lin schooner lias been coiidomnod by u proncr Coi'.rt, and, if so, rciiiicstiiijL,' (o be furnishi-d with the evidonco on wliich the! condemnation took place; hut, if not, rc(iue8tiiij,' to be informed when the trial will tak<' plaeu*, and what facilities will bo afforded to the owners for their defence ; and further iii(|i,irinf? into the allcijed sale of the ship's stores and provisions before she had been formally eondciniicd Upon receipt of the reply of the Russian (Jovernment, any points ol law which may arise upon it can, if necessary, be rcfi«rred lo the Law Oflicers of the Crown. .Tiidi,'!!!!;: from the evidence ot present in the possession of Her Majesty's (loveni- ment, tlu^ proceedini»s would seem to call for the fullest inquiry. Hut it would be premature to do more than claim such inquiry before the statement of the opposite party has been received. I am, &c. (Signed) SALISIJURY. No. 8. Sir R. Morier to the Marquis of Salisbury. — {Received December 1 7.) (Extract.) St. Pelersburgh, December 12, 1888. WITH reference to previous despatches, and to your Ix)rdahip'8 of the 4th instant, transmittin<» copies of correspondence with the Canadian Governmcmt o?i the subject of the seizure of the schooner •' Araunah," I have the honour to inclose copy of a letter which I have addi-essed to Messrs. llall and Gocpel, the proprietors of the ship. I confess that the more I have looked into the case the more I have inclined to f'',o belief that, thouj^h the schooner herself was outside the territorial waters, the huntiug canoes were cither inside the limit or dangerously near to it. «■!• Inelosure in No. 8. Sir R. Morier to Messrs. Hall, Goepel, and Co, Gentlemen, SI. Pelersburgh, November 30, 18^^. HAVING received the final communication which you bad announced from the master of the " Araunnb," L have submitted the whole case to a careful examination, with a view to submitting it to the Russian Government. In doing so, however, 1 have found that there are some points which require elucidation, and respecting which, therefore, I have to request you to give mo further information. 1. As regards the ])ositions of the schooner at 7"30. In Mr. Sicwerd's declaration it is stated that at 6-30 a.m. lie was distant 16 miles soiith by west of the southern extremity of Copper Island, at which time he ordered the canoes out for hunting. At 7'30 A.M., that is, an hour afterwards, the fog having lifted, the schooner was found to be east by south miles distant from the south jjoint of the island, with the canoes out at 2 miles distant from the sloop, one only being as far as 3 miles. A diagram giving these positions a])proxlmately accompanies Mr. Siewerd's declaration, and according to this declaration the space traversed liy the schooner between G'30 and 7"30 a.m., that is, one hour, must have been 17i miles, and as the canoes bad remained in proximity to the ship, they also, whilst carrying on their hunting operations, must have been drifting at the rate of between 15 and 17 miles an hour. The tremendous rajndity of this current, which it is stated appeara upon no chart, and of which the master of the sloop does not seem to have been aware, though carried along at this great rate of speed, requires some explanation. 2. Much IS made by Mr. Siewerd of the statement of Grebnitzy that he would have seized the " Araiuiab," had she been fitted out with apparatus for seal-catching, anywhere within 100 miles south of Commander Islands. Had he assigned this as his true motive for capturing the ship, the case would be a very grave one, but as be has given bis motives for capturing the ship in a written declaration, we are boimd to go by that, and arc not at liberty to go outside this declaration and supersede a document signed and sealed by anything be may have said vivd voce. It appears to me that it is of extreme importance to note the exact words of the certificate, which does not state that he confiscated the schooner for being within the Customs limit, but for seal hunting within the Customs limit of Medney Island. 10 Now, it apixMirs from tin; (IcMciiiitions nivoii by Xfr. Sicwerd timt tlui seal Iiunting is not iM'rfornicd hv tin* seal HclioonorH thomselvos, Imt l)y tlio oanocs wliieli nro (lispatcluul from tlicm, and I take it tliat tlio point that will havo to bo (Ictormimid will be wliotlicr any of tlie canoes were within the Customs limit. On tiiis point it appears to me that the Petition addressed by Afr. 8i(>\\erd to the (lovornor of Vladivostock is far from clear. Jle admits that one of ids canoes was l\ miles away from the ship, while the shij) was (J nules away from the land, which mi'jht brini? it dangerously close if not actually on the Custom-house limit. In another portion of the I'etition, however, he seems himself in doubt upon the suliject, for he says, " If the canoes wen; found within the Custom-house limits, the fore^^oi'ig cin-umstanees would explain their presence there." F would further add with regard to this I'etition that Mr. Hiewerd protests " against the aceusati(m made against the schooner that she was within the Custom-house limits, id est, less than ',i miles from the sh(irc." As before stated in the only ofTleiDl document M'bich has been forwarded to me, namely, M. Orebnitzky's cerlilicnte, this accusation is not made tlio motive assigniul for her seizure, but that she was seal hunting within those limits, that is, that the canoes were within those limits. The conversation between Siewcrd and Captain (ironbcrg, of which an aflidavit is given in ^fr. Siewerd's letter of the Ibtb October, throws no light upon the subject, l)ccause all that Captain Gronberg voucluafcs to say is that the schooner was about cast by south and a half south, distant 3 miles from tlie south-east point of the island, which might leave her just inside or outside the limit. It is therefore perfectly clear that the ground thoy will take up will bo that the canoes and not the schooner were within th(» limits. You must, therefore, bo prepared with all the (!videncc you can procure to disprove the presence of the canoes there. y. Mr. Siewt'rd states, in both his declaration and Petition, that tlu^ stores, salt, &c., ofthe "Arauuah" Avere i;old at Petnjpaulovski on no other responsibility than M. (jrebnitzky's. No mention, however, is made of the schooner itself, and I have therefore to request you to inform mo whether it is within your knowledge; that she has been brought, or that it is intended to bring hor, before a Court for condemnation, and, in that ease, l)efore what Court V I will, in conclusion, call attention to a slight discrepancy as regards the number of the seal-skins landc^l at Clopper Island, which, in the declaration before lier Majesty's C(msul are describeu as being 136, and in the Petition to the Governor of Vladivostock as 133. I am, &c. (Signed) R. B. D. MORIER. No. 9. Lord Stanley of Preston to Lord Knutsford. — {Received at the Foreign Office, January 5, 1889.) My Lord, Government House, Ottawa, November 27, 1888. IIEFERRING to my despatch of the 6tb instant, I have the honour to transmit to your Lordship a copy of an approved Report of a Committee of the Privy Council, submitting copies of further correspondence on the subject of the seizure of the British schooner " Araunab " in Behring's Sea by the Russian merchant-steamer " Alexander II." I have, &e. (Signed) STANLEY OE PRESTON. I document Inclosure 1 in No 9. Certified Copy of a Report of a Committee of the Honourable the Privy Council, approved by /lis Excellency the Governor-General in Council on the 26th November, 1888. ON a Memorandum, dated the 22nd November, 1888, from the Minister of Mc me and Fisheries, recommending that copies of further correspondence on the subj )t of the seizure of the British schooner " Araunah " in Behring's Sea by the RuF an merchant-steamer "Alexander 11" be also forwarded, through the proper channel, to Her Majesty's Government, in conjunction with the Minute of Council of tlie 22nd October last, on the same subject, the Committee advise that your Excellency [310] D I i ri Mil F!*' I! i' s^sa 16 be moved to forward copies of the papers herewith to the llight Honourable the Secretary of State for the Colonies, for transmission to the Foreign Office, in further support of the claim to bo preferred. All which is respectfully submitted. (Signed) JOHN J. MoGEE, aerk, - Privy Council. Inclosure 2 in No. 9. Messrf. Hall, Goepel, and Co. to Mr, J. A. Chapleau. Sir, Victoria, British Columbia, October 26, 1888. "WE last had the honour of addressing you on the 21st ultimo, and have since received your letter of the 1st instant acknowledging same, stating that the seizing of the schooner "Araunah " by the Imperial Russian Government will receive considerar tion at the hands of your Government. We now have the honour to inclose copy of a letter forwarded yesterday to H. N. Bering, Esq., St. Petersburg!!, Russia; also copy of statement of claim ; as also notarial copy of affidavit made in San Francisco, California, before the British Consul, by the late captain of the schooner and Captain Ball. We trust these papers, which complete our evidence, will also receive the consideration of your Government, and that you will be able to urge our claim against the Russian Government. .... We have, &c. (Signed) HALL, GOEPEL, and Co. Inclosure 3 in No. 9. Mr. Siewerd to Mr. Bering, October 18, 1888. [See Inclosure 6 in No. 6.] Inclosure 4 in No. 9. Certificate. [See Inclosure G in No. 6.] Inclosure 5 in No. 9. Messrs. Hall, Goepel, and Co. to Mr. Bering, October 25, 1888. [See Inclosure 7 in No. 6.] 'I Inclosure 6 in No. 9. Statement of Claim. . , [See Inclosure 8 in No. 6.] No. 10. Sir R. Morier to the Marquis of Salisbury. — [Received January 14, 1889.) My Lord, St. Petersburgh, Becember 30, 1888. I HAVE the honour to transmit hei>with copy of a letter which I have addressed to M. de Giers on the subject of the seizure of the " Araunah," in com- pliance with the instructions contained in your Lordship's despatch of the 11th instant. I h&iV6 &c V , .. (Signed) ' R*. B. D. MORIER. 'I , 111' - >i^ ',,■ ) :, u 17 Inclosuro in No. 10. Sir R. Morier to M. dc Gicrs. M. le Ministre, St. Pctcrshurgh, December 30, 1888. I HAVE the honour to call your Excellency's attention to the foUowiui^ state- ment with reference to an incident which ()ccurr.Ml off tlio southern extremity of Copper Island on the 1st July of tho present year. The " Araunah," a British schooner from Ihitish Columhia, master E. H. Siewerd, equipped for seal hunting, found herself on the date in quest'on, at 6 30 a.m., in a heavy fog and calm, 16 miles south l)y west off the southern extremity oi Copper Island. Judging himself to be in the open waters of the North Pacific Ocean, the master ordered the canoes out for hunting. At about 7"30 a.m. the fog lifted, when the schooner Avas found to be east by south at a distance of about 6 or more miles from Copper Island, na ing been carried by a current not marked upon the Chart, with the canoes out at various distances to her south and Avest, and at about 2 miles away from her, the most distant being 3 miles oft'. When in this position a ste' mer Avas sighted, which bore at once doAvn upon tho schooner. This proved to be the "Alexander II," a ship belonging to tho Alaska Commercial Company of San Erancisco. She Avas flying at the peak the Russian merchant ensign, and at the maintop a green flag with a white cross. The name of her master Avas Gronberg, that of the chief officer Arlin, and of the second officer Imborg, all of them servants of the American Company ; but besides these there ras on board a M. Grebnitzky, a civilian, who described himself as " Superintendent of the Commander Islands." i3y his orders the " Araunah " Aias hailed, and her master brought on hoard the "Alexander II." M. Grebnit.ky then informed him that he Avould confiscate the schooner for fishing too near the land. Mr. Siewerd asked him on Avhat authority he acted. M. Grebnitzky produced no documentary evidence, but pointed to the flag at the maintop, the green one with a Avhite cross, saying tliat that Avas his authoriLy. The officers and crew of the "Araunah" Avere then transferred on hoard the "Alexander II," by which the British vessel AA'as towed to the Settlement of Glinka on Copper Island. Here the seal-skins, 136 in number, were landed, and the ship's papers delivered to M. Grebnitzky. The schooner was then brought by a crew from the "Alexander II" to Petropaulovski, and upon her arrival the salt stores and provisions, as Avell as a part of the personal property of her crew, were sold by M. Grebnitzky, without the confiscation having been declared to be legal l)y any authority but his oAvn. I have been instructed by Her Majesty's Government to request your Excellency to cause an inquiry to be made by the proper authorities into the circumstances of the seizure of this schooner, which, upon the evidence at present before them, seems to have been of an arbitrary, not to say illegal, character. I have specially to inquire whether she has been condemned by a proper Court, and, if so, to request that your Excellency Avill kindly furnish me with the evidence on which the condemnation took place, or, in the case of her not yet having been condemned, that I may be informed when her trial will take place, and Avhat facilities AA'ill be afforded to tlie owners for their defence. I have at the same time the honour to request you to furnisli me with information with respect to the alleged sale of the ship's stores and provisions before she had formally been condemned. I have, &c. (Signed) R. B. D. MORIEll. Nell. Sir R. Morier to the Marquis of Salisbury. — {Received August 30.) (Extract.) ' v •: '. ., . 8t. Petersburgh, August 2G, ISSd. I HAVE the honour to transmit horcAvith the inclosed copy of a note from the Russian Government, dated the Ith (16th) instant, in reply to my note of the 18th (80th) December, respecting the case of the schooner " Araunah," confiscated by the Russian authorities for unlawful seal-hunting in the proximity of Copper Island. The case is too full of legal points for me to imdertake to reply to the Russian note before it has been submitted to your Lordship's consideration. [816] D 2 4:i ,1 I' Mi . It 'X: 18 TncloHure in No. 11. M. rfe GtVrs nianier Russe n'a pas 4)t6 change ; et .^ 4. Toutes les causes resultant de I'application des R^glements ci-dessus mcntionn6s sont du resBort du Goaremeur-G^n^ral de I'Amour, qui en ddcide en derni^re instance. Conform^ment k cet Artide les pieces relatives k la saisie do " 1' Araunah " ont 6t6 Lansmises a M. TAide^-camp G^n^ral Baron Korf, qui, apr^ avoir examine les procds-Torbaux dii?ai£^ jar ]i|,..£|^bnitzky,, ainsi^que le^^ du capitaine da jompliments na him that ;ing the con- y statt-s tliat ; put forward ithout fuller ■intendent of le matter ? ! "Araunali" IS a steamer is stated to n flag with a er this latter I the Russian ' , 1888, and ■ the Russian ronouDcing a •' Araunah," jaring of the n request his im to furnish obert Morier Jars, 1890, 21) Octobre st^ la Reine saisie de la ?ine tiendrait i3Voir de vous ir, est charge 2UV Militaire r a I'applica- it pas munis d'exercer le des lies du navire en question, a reconnu que la saisie avait 616 opdr<5e dans les conditions pr^vues par les Rfeglements. et a prononc6 la confiscation de "1* Araunah." Enfin, pour satisfaire au ddsir exposd dans la note verbale de voire Excellence du 9 (21) Octobre dernier, je mo fais un (levoir de vous transmettre ci-apr6s une traduction Anglaise du xi^glemcnt relatif h la prohibition du commerce, de la chasse, et de la pecbe dans les eaux territoriales Russes de I'Ocdan Paciflque. Dans le but de pr^venir des infractions h ce R^glement le Gouvv^rnement Imperial a eu soin de le faire publier on 1882, par I'intermddiaire de ses Agents Consulaires, a San Francisco, ainsi que dans les ports du Japon ouvcrts au commerce 6tranger. Veuillez, &c. (Sign6) GIERS. (Translation.) M. I'Ambassadeur, St. Petershurgh, March 3 (15), 1890. YOUR Excellency was pleased to communicate to me on the 9th (21st) October last a note verbale stating that Iler Majesty's Government is desirous of obtaining further information on the subject of the seizure of the schooner " Araunah." As the points on which Her Majesty's Government wish to be furnished with information are specified in the note in question, I have the honour to communicate to you tiie following : — 1. M. Grebnitzky, in his quality of Superintendent of the Commander Islands, is charged with the administration of that territory, and he is directly responsible m tlie Military Governor of the Maritime Province. It is also his duty to see to the applica- tion of the Regulations which prohibit foreign ships, without a special authorization from the Governor-General of the Amour, from trading and hunting, as well as fishing, in the territorial waters of the Commander Islands. 2. In default of shijis of war, the local authority has the right of employing, to enforce the above-mentioned Regulations, merchant-ships, which, then, have on board a militarj' guard, and are furnished with si)ccial instructions. The steamer " Alexan- der II," on board which M. Grebnitzky was at tlie moment of the seizure of the " Araunah," was so charged at this time with the police of the waters of the Com- mander Islands. 3. The Russian Customs flag has not been changed. 4. All the legal cases arising out of the application of the Regulations above mentioned are Mitliin the jurisdiction of the Governor-Geneml of the Amour, who decides on them in the last instance. Comformably to this Article, the documents relating to the seizure of the " Araunah " were sent to Aide-de-camp General Baron Korf, who, after having examined the proces-verbaux drawn up by M. Grebnitzky, as well as the demand of tlie captain of the vessel in question, decided that the seizure had been made under the conditions provided for by the Regulations, and pronounced the confiscation of the " Amunah." Finally, to satisfy the desire expressed in the note verbale of your Excellency of the 9th (21st) October last, I have the honour to transmit to you an English translation of the Regulation relative to the proliibition of trading, hunting, and fishing in the territorial waters of Russia in the Pacific Ocean. With the object of preventing infractions of this Regulation, the Imperial Government took cai-e to publish it, in 1882, through their Consular Agents in San Francisco, as well as in the Japanese ports open to foreign commerce. Accept, &c. (Signed) GIERS. iployer, pour ds, qui, dans )6ciales. Le y au moment surveillance IS mentionnds L^re instance. Qah"ont6t^ examine les capitaine du Inclosure 3 in No. 15. , ' ' rl "\ ' . ■■' ' Notice.^ ■ • • ' ' ' THE Russian Imperial Government hereby publishes for general knowledge the following : — 1. Without a special permit or licence from the Governor^eneral of Eastern Siberia, foreign vessels are not allowed to carry on trading, hunting, fishing, &c.,on the Russian coast or islands in the Okhotsk and Behring's Seas, or on the north-east coast of Asia, or within their s.ea boundary-line. i 3161 '"^ »i Ai'iipw t*nu7 ii«im »♦» itj ■•fni"i">'HT .' , ■ - -r J] v ^ I 24 ... .» 2. Por such permit or licences foreign vessels should apply at Yladivostook exolusirely. 3. In the port of Petropaulovski, though heing the only port of entry in Eamtchatka, such permits ^j>' licences shall not bo issued. 4 No permits or licences whatever shall be issued for hunting, fishing, or trading at or on the Commodore and Bobben Islands. 6. foreign vessels found trading, fishing, hunting, &c., in Russian waters without a licence or permit from the Governor-General, and a. so those possessing a licence or permit who sliould infringe in the existing bye-laws on hunting, shall be confiscated, both vessels and cargoes, for the benefit of the Government. This enactment shall be enforced henceforth, commencing with a.d. 1882. 6. The enforcement of the above will be intrusted to Russian men-of-war, and also to Russian merchant-vessels, who for that purpose will carry military detachments and provided Avith proper instructions. i wu m f* S M 5 o :s a 1 3 TREATY SERIES. No. 16. 1892. CONVENTION s' g s 1^3 =■3 1 ^ i' 1 i GREAT BRITAIN AND THE UNITED STATES OF AMi:i{ICA KUPIOTINO THI SqUNDARY BETWEEN THE TWO COUNTRIES. [JQ]^ QP (ALASKA AND TASSAMAQUODDY «AY.) Signed at Washington, July 22, 1892. 4 Ratifications exchanged at Waxhinylon, AiKjiist 2.3, 1892. •s 5. =r m} Presented to both Houses of Parliament lif Cummnnti of Her Majesti/. February 1893. LONDON: PRIN'lED FOR HER MAJESTY'S STATIONERY OFFICE, BY HARRISON ANO SONS, ST. MARTIN'S LaNE, FRINTKRB IN ORDINAKY TO IIRK HAJIiSTT. And to be purchased, either direetlj or through .my Be lUaciler, from Eyrr and Spot-iiswoode, East Harding Street, Fleet Street, E.G., and 32, Abingdon Street, WeatPi'Lstcr, S.W,; or John MuinES .V Co., 12, Ha-.wer street, Edinburgh, and 90, West Nll'i ijtrcct, Glasgow; or HoDoia, FiooiB, and Co , Limited, 104, Urafton Street, Dublin. t«4C r 1 I Viv il '\etty. LONDON: PRINTED FOR HBB MAJESTY'S STATIONERY OFFICE BY HARRISON ANO SONS. ST. MARTIN'S LANS. PaiMTCBS IN OmBINAKT TO BIB HAJEITT. And to be purrhiMd, dther dinetly or thrasf 0, Wbbt Nilb SrBBBT, Olasoow; ob HODGES, FIGGIS. * Co., Limitsb, 104, GkAm* >run, Dvmm. |[0.— 6952.J Price Zd. -U COiVVEIV'TTO!' AND Tin: i{.[:siM':c'ri TIIK TWO .MA(iUOJ)l)Y Siiju [Rii'ijicti/idii-'i I iiKi! :\r:.ii'«i.v l!i'il;iilj mill ll'i'Iiit (•i[uiilly ilcsiruiis til (lilli'll'IICt! lictwccii ivL,'iir(l t,o tli(.' ilflii ^liiji'sly's jiiissi'ssiii l'.'.S]l'J('t til Sllcll |ll)l' lii'i'ii jjcriiiiiiii'iilly t'liiiU'ii, liMVc ri'sii|\ tlii'NC t'liilis, iind lor I'luiiiiMileiiliiirius: Her iMiiJcsly t llritaiu ami Irchiii (l'j\ll'lUl('.'> ('(/ iil/l'I'i The I'rcsiiliMit i of Stiih! uf the I'll Who, iil'ler liiivi liill ]iii\vuis, wliicli iiiiivinl l(j ami t'oiicl . :i TlioHi-li Cond slll'Vi'V (as lll;iy 1: IMIIilc nl' tll(^ tcl'litn tli(.' Diiiiiiiiioii of dividing the I'rovi li.'iritiiiy ol' t'niiailii 111' ."4° 4(1' north i/ni'iiiiiiU'i's till' 14 iHiTiilian of (Irci'iiv liy till' lii'^h t'oiiliii 111' lliL' fads and di said lioiiiidavy-liiie f.\i-itiiig 'IVcatii's ill iiiid liutWL'uu the I'l [059] VI BYRE [0.— 6962.J Prici C(JNVT;.\"rTON 1?ET\VEEN (JIM-IAT HllTTAlN If AND 'HIK UNFTEl) STATES OF AMERICA '55 IM'Sl'EC'riN(r TTIK HOUNDAnV llETWEEN TIIK TWO COUN'TJtlKS. (Ai-asica anm) P, ssA- f .MA(iUom»v Bay.) ,Si;i,ir,l ril Wiishi it'll, in . Jul 11 'I'l, IS',)-'. ,'./ [f!,i'ijiritli"ii'* i:.ir/iiiiiijcil III U'i"^/iiii;/li>ii, Aii/i'sl*2'.\, 1802.] 1[K1! ^MujcHtv the i;onrliiili' 11 Coiivi'iiliiiii ill riirtlirraiiiM' of llii'M' I'liils, anil I'll' that inuiiiixi' liavi' aiipointi'il 111 their rospectivo I'luiiiiMiti'iiliarii's: llcr .MiiH'stv till' i.'iifi'ii 111' tlic I'liiti'il Kiii'^iliini of Groat r.iilain ami Iivlaml, tlii' lloiKiiiialili' Jliiliaul 11. liiTliuit, Cliarj^u d'.Vl'liiiri'fi ('1/ iiiliriiii III' (ii'i'al i'.rilain ; ami The l'ri.'siiliMit nl' tlii' I'liiti'il .Slati's, .loliii \V. l-'ustur, Sufri'tary III' Stall! of till' I'liiti'il Stall's; W'lio, al'tur liaviiii,' coniiiiuiiiL'atfit to uarli nllu'i' tliuir ii's|irriivr lill iiiiwurs, wliirli vcrc rniiml (o be in iluc ami ]ii'i:[)(;r I'oiiii, liavii iiL;n'L'il to anil I'luuliuli'il tliu lollowinj,' Arlicli'.s: — AKTICLK I. 'I'liti 1li;,'li ( niilraitiiiL; I'avlios ap'oo tliat n rninriilniit or joint ■.in\ry (a-i may lu' I'oiiml in ]ivai:tiru most I'mivi'iiiuiit) sliall In' uiiiilr 111' till' triiilory ailjari'iit to that ]iart of tin; linuiiil;iiy-lim' nf ihi' l)omiiiioii of L'anailii ami tliu I'liitoil Stall's of .\nii'ririi (liviiliii;4 tilt' Province of liritisli Columbia ami tlio north-west li'Mitoiy of t'anaila from the Territory of Alaska, from the liitituile of ''i" 4(1' north to tlie point where the said boundary -lino iiitonnters the Itlst degree of lonj,dtU(le westward Ironi the 1111 ridiaii of (li'eeiiwieh, liy Coniiiiission.s to be appointed severally liv till' lli;.^li (.'ontiai'tiiii,' I'arlios, with a view to the a.seertainineiit 111' the facts and ilata necessary to the permanent ilelimitation of said boiiiidary-liiie in accordiince with the spirit and intent of the existiiin Tieatirs in icj^aid to il bi'tween (iieat IJritaiii and Ilussia and between the United States and liiLssjia. [059] X [ION OF 'S .. ... i:-l n I iesty. ■r i 8T i * LONDON: PRINTED FOR HER MAJESTY'S STATIONERY OFFICE BY HARRISON AND SONS, ST. MARTIN'S LANE, rklNTIKI IN OKBIHAKT TO BIB MAJUTT. [0.— 6962.3 Price Sd. And to be puirhatad, either direetljr or throvg'i inj Bookieller, tnm EYRE AMD SPOmSWOODK. Mast Habdiko Stbbit, Flht Snan, B.C., Am 32, Abinodon Stbiit, WBSTUiNtrin, 8.W. ; ob JOUN MENZIBS & Co., IS, Hanotib Stbiit, EoiHBUBaH, and 90, Wbit Nilb SfBiiT, Olaioow; ob HODGES, FIGGIS. A Co., Limitid. 104, GBArioM tmrnn, Vvwum, j>^ ii ■; I i A]i]iliVatinn will be imiilc willinut, dclny (n llio rospcrtivn Locislativo liodies tor llio !i]iin'o)irinti(ins iicn ssary for the ]ii'iis(>i'ii- tiiiii of till' siivvcy, iiiid till' (,'imnnissii)'ii< to In- niijidinli'il liy tlio twii ( Idvcniniciits sliiill iiM't't 111 Oltuw.i williin two moiitlH ;\ric'i' sniil ii)'i i|iriation sluill Imvi- been iniulc, uml uliall in-occcil as mkhi as jii'a. ticabh^ tlu'H'art(."r to tlio attivc difi'liarfU' of ilu'ir diitii's. Till! vosiKH'tivo Coiniiiissioiis shall coiiiiilclt' lli(> survt'y and Hu' rinit tlii'ir liiial Ju'iiovls tlioivof witliiii two years fvoiii tlic date of tli"ii' lirsf iiu'i'tiiiL;. Tlio Coiiiiiiissioiis shall, so fur as llicy may ln' abli' to ativci-, make a joint Kcport to caoli of tlio two Govcriinu'iils, mid llicy siiali also vi'iiort, I'itlu'v jointly or sovcrally, to cai-li (lovcinnirnt on any points ujion wliicli tliov may he unalili' to mjjii'c. Kai'li (lovornnii'ut shall jiay tlir ('X)ienso.'» of the CoMiniission aiijiointi'd by it. I'liU'li (iovcniiinMit oii,!,'nt;i's to facilitate in e\('iy iiossilili' way any o]ieratioiis wliich, in jMirsnanee of the ]>lan to be auieed upon by the ("oiiiniissions, may \x< eondiieted within its territory by (lie Commission of the other. Tlu' Hi.u'h ("ontraetinj,' I'arties af,'ree that, as soon as jiraelicable after the I\e]iort or Itejiovta of the Conimissiniis sludl Jiavi' been received, tlioy will ])rocced to consiih'r ami establish the b(aiiidary- line in question, AI.TTCLK II. The Hisjli Contractinc; I'arties aiiree that thi' (lovernmenis of IFer Britannic ^fajesty in behalf of the Dcaninion of (.'anada and of the United States shall, with as little delay as ]iossible, a]i]toMii two Coiiimissioners, one to be named by eaeli (larty. to di^teiniine n]ion a metliod of more accurately marking the boundary-line between the two ec.untries in the waters of l'assiiniac|Uodily l',;iy in front of anil .idjacent to lvist]iort, in tlie State of Maine, and to plac" buoys or lix such other boundary niarlis a-^ tliey may deter- mine to bi' necossiiry, Kacli ( iovernmcnt shall ]iay the eN]ienses of its ou;i Coniiiiis- siouer, and cost of marking 'lie lioitiidaiy in surh niiinner as shall )u' detoriuined upon shall iio defrayed by the Iliuli ContnutiuL; I'arties in eipial moieties. ARTICLE Til. The jirosent Conviuition shall be duly vatili(vl by Tier Tlrilaunic Majesty and by the President of iIh' I'nited Sinles ci ,\nieii(M, liy and with the advice anil eonsent of ibe Senate llni. of ; ami the ratilications shall be exchnged al Wasliiie^tiai v. itiiin turKr mouths fvi'Ui the date hereof, lu' earlier if possible. Tn faith whereof we. the res]iective I'leiiipolentiaries, li:i\e siu'ued this Convention, and have hereunto atbxed our .seals. T)one in du]>licate at Washiuiitoii. the 22nd day of .liily, one thousand eiylit hunda'd and ninety-two. (Si-ned) (T„S.) MlCllAKI, II. ni'.IMiiaJT. (Signed) (L.S.) .101 IN W. I-QSTEK, k " -■J.\ (lio ivs]i( iMiiuidavv- [iiivorniuonls of (if Canada and lossililo, a]i]nii\il :y, to di'lcriniiii' lioiindary-liiii' numdily Itay in Maiiii'. and « pun-haMd, either diiwtlf or throcgS mj Bookwllir, (Kna KtRE AHD 8POTTISWOODK, Kait llAiniKO Svm««T. Pi.K«T STmilT. B C, 't2, Ahinqdon STBiir, Wkitmikitir, 8.W. i ob JOHN UUNZIRv ft Co., It, llANnria Sraiiir, KoiMicmaa, aks to, WuT Nil* Hmirr, QLAtoow; ok HOCQK';, PinoiS, * Co.. Limitid, 104. OkArTOM Bnsn, OaauM. [0.— 6962.J Price 3d. ■! 1 12 ( i rrr TABLE OF CONTENTS. I I ., ft \ii No. Name. Date. Subject. Page 1 Colonial Office Jan. C, 1893 Scaling in North Pacific. Inquiry from Canadian scalers as to what waters are open to them 2 1* n • • • . 17, Ditto. Appr()\ed Minute of Canadian Council on which telegram inclosed in above letter was based 3 To Sir R. Moricr , , 18, Transmits above letters. To inform Kuatian Government of proposed reply, and ask if they have any objection 4 Sir R. Moricr 2."', Note to M. C'hichkine in accordance with above instructions fi f, 1, •• •• 25, M. Chichkine cannot reply to above note until it has been returned from Ministry of Domains .. 6 To Sir B. Morier . . , , Feb. 4. Approves note to M. Chichkine (see No. 4) 7 1, ti • • * . 4, Approves language to M. Chichkine (see No. 5) .. 5 8 Colonial Office ,. 21, Sealing in Norih Pacific. Correipondence from Canada. Presses for reply to inquiry from Canadian sealers . , . . G 9 To Sir R. Morier . . 22, Transmits above. To endeavour to obtain expres- sion of vicv.p -f Pu.ssian Government.. 8 10 Sir B. Morier 25, Reply "f Riissiiii' 'Ti,\prnment to SirE. Morier's note of ; rd ■_ .■.-v (-.ee No. 4). Measures proposec' K;.i5a: . 'iovcrnment for protection of {ufsiaii ,i,i;i;;.,<- interests during 1893 11 The Marquit of Ripon to Lord Stanley of Preston (Telegraphic) Mar. 3, To inform Coiliciors of Customs at British Columbian ports of Kussian proposal respccling protective zone. Sealers should be warned of probable ngreemcnt .. ., ., 13 12 To Mr. de Bunsen 10, To warn British scalers clearing from Japanese (Telegrnpliio) ports of prospective arrangement 13 13 To Sir R. Morier ., (Telegripliic) 13, Informs him of .ibove warnings to sealers 14 14 f> „ • • • • 17. Russian proposal for protection of seals. Answers No. 10. Terms of agreement into which Her Majesty's Government are prepared to enter U 16 Colonial Office , , , Apr. 4. Warning to .North Pacific sealers. Despatch from Canada. Circular has been addressed to Collectors of Customs . . . . , . IC 16 I) 1) •• •• ,. 7, Warning to sealers (see above). Additional measures taken to give publicity to pros]iective arrangement . . . . 17 17 S R. Morier , , . . „ 18, Protection of Russian sealing iBt.'reit? Reply of Russian Government to p<'

-??! in No. 14, Accepts Agreement, wit'' .-.'-"irvai-ci as to delivery of British vessels lii ■' 20 18 To Mr. Howard . . May 3, Answers above. Sends dra, /.■ -ivv •>bich he is empowered to sign if H: ■-■ rovMument ogree. llcr Majesty's Governmeui vnw admit Russia's claim to tako the propose'. ...easurei without Agreement 24 19 Mi\ Howard ,. 12, Note to Russian Government in accordinee with the above instructions , , 25 .80 w •• „ 23, Reply of Russian (jovuriimcnt. Agrees, with certain reservations, to terms of draft Agreement. They prefer an exchange of notes 2G 21 To Mr Howard .. (Tclegrophic) „ 29, ■ Arrangement accejited by Her Majesty's (iovern- mcot, who adhere to reservation contained in his note of 12th instant. To address note to Russian Government . . . . 28 29 Sir R. Morier ,. » 30, r?xt of note addressed to !:■ ;«rb Government in (Telegraphic) •ccrru.i-,"'! with above i'S'-.f^-jO"! ,, ,. 29 ■■.;■•■'■,: .«-'?i''f'ii Torn Canadian lo them . . m Council on itter was based form Kuitian nd ask if tliey ce with above note until it ' Domains . , •lo. 4) »ee No. 5) . . undence from inquiry from obtain expres. !nt. . irB. Morier's I). Measurea for protection 1893 I at Britifth sal respecting be warned of Pdn • • • • 13 om Japanese ■ • ■ 1 13 ers U Is. Answers which Her to enter 14 espatch from to C'ollectora • • • • IC Additional > prosjiective * • • • 17 ? Reply of ■M ■n No. U. m .''aD as to m !»bich he lov-rnment A'liio' admit L.easurei rdince with grecs, with Agr«ement. ty's (iovern- tained iu his e to Kuisian vernment in 20 24 25 2G 38 29 Correspoiidonco rci-pecling an Agreement for the Protection of Russian Sealine: Interests in the Jsorth Pacific Ocean (luring the Year 1803. No. 1. Colonial Office io Foreign Office, — (Received January 6.) (Extract.) Doivning Street, January 6, 1893. I AM directed by the Marquis of Ripon to transmit to you, to be laid before the P'arl of Eosebery, a copy of a telegram from the Governor-General of Canada, inquiring on belialf of the Canadian sealers in what part of the Xorth Pacific, especially on the Asiatic side, they may pursue their industry during the season for which preparations arc now in progress. Inclosure in No. 1. ' Lord Stanley of Preston to the Marquis of Ripon. (Telegraphic.) December 31, 18y2. OWNERS of senling-vcssels and others engaged in sealing ip.\isi.-y in 'Canada ask for views of Her Majesty's Government touching their rights as to sealing during next season : they desire to linow what waters of North Pacific Ocean are open to them for soaling purpo.scs, especially on Asiatic side, and witliin what limits they may count upon protection. Answer urgently required, it possible by telegram, as time for fitting out vessels is now at hand. Despatch follows by mail. No. 2. Colonial Office to Foreign Office, — {Received January 17.) Sir, Downing Street, January 17, 1893. AV^ITH reference totlie letter from this Department of the (ith instant respecting the i.nquiry of the Britisli Columbia Scalers' Association as to the limits within which they ni!iy piir.sue their industry during the approaching season, I am directed by the Marquis of Ripon til transmit to you, to be laid before the Earl of Ro.sebery, a copy of a despatch from the Governoi-General of Canada, inclosing an approved Minute of his Privy Council on the subject of the Memorial of the sealers. I am, &c. (Signed) EDWARD WING FIELD. Inclosure 1 in No. 2. Lord Stanley of Preston to the Marquis of Itipon. iMy Lord, Government House, Ottawa, December 31, 189D. I HAD the honour to send to your Lordship to-day a telegraphic message as follows, a translation of which is subjoined : — [See Inclosure in No. 1.] I have now the honour to inclose a copy of an appro t'od Minute of Council on which the above telegram was based. I have, &c. (Signed) STANLEY OF PRESTON. [396] B 2 m §-i 1 , .■? (1 Inclosurc 2 in No. 2. Report of a Committee of the Honourable the Privy Council, approved by his ExceVency the Governor-General in Council, on the 20/A December, 1892. ON a Report, tiated the 23id December, 1892, from the Minister of Marine and Fisheries, submitting tlie appended communication from owners of scaling- ve-scls and others interested in the scaling industrj-, it will be observed that it vas i)riginally intended by the writers to send the communication to the High Conirni*.sir)Dcr for Canada, to whom it was addressed. The Minister observes that the sealers refer to the restrictions wh'oh liavu been p'accd upon their industry. They describe tlie limited range for tboir occupation consequent upon the closure of Hehring Sen, and express their uncertainty touching the extent to which the Asiatic waters may be used in consequence of the action of the Russian aatlioritics during the past soasou entailing the loss of property and sacrifice of personal liberty. 'I'hey may, therefore, possibly be limited, in fact, to the coast catch, with, they say, the altcnialivc of entirely abandoning the industry, which, they show, would entail the loss of capital, income, material and commercial connections to the owners, and (he still more serious loss to the master? and crews and their families. The Minister, touching tlie character of these memorialists, cheerfully tcHtifies his opinion to be that they are law-abiding subjects of Her Britannic Majesty, and entitled to every reasonable consideration in the protection of their rights. They are naturally anxious to know authorilativcly the views of Her Majesty's Government touching their riijhts, in order that they may bo enabled to judge, in the appr.iaching season, whether not their vessels may safely be fitted out for the purpose of sealing. They desire i?C'ii\lly to be informed within what limits *hey may now count upon protc-tion. Tic Committee, on the recommcndatio;i of the Minister cf Marine and Fisheries, who states that, in his opinion, the request is most reasonable, advice that your Excellency be moved to cable Her Majesty's Clovernment the substance of the communis cation from the sealers, with the request that your Excellency be advised speedily of the opinion of Her Majesty's Governtment. The Committee further advise that your Excellency be moved to forward a copy of this Minute to the Riglit Honourable the Secretary of State for the Colonies, for the consideration of Her Majesty's C3 overnment. All which is respectfully submitted, for your Excellency's approval. (Signed) JOHN J. McGEE, Clerk of the Privy Council. Sir, Victoria, Xovember 30, 1893. The Undersigned owners of scaling schooners, and others interested in the sealing industry, have the honour to lay before you the following statement, which should, perhaps, with more proprietj', be forwarded through the officials at Ottawa. The next season is, however, near at hand, and time is precious ; so to avoid the inevitable delay incident to formal transmission through official channels, we have thought fit to address you direct, trusting you will not consider that we have taken an unwarrantable liberty. W'c would draw your attention to the fact that not only has much capital been invested in sealing schooners, their outfits, and the machinery necessary to deal adequately uith the ^season's catch, when it has been s-afcly brought to port, all of which is necessarily idle and unprofitable while the existing conditions are maintained, but that a large number of men, with their families and those dependent upon their exertions, arc at present deprived of any opportunity of earning their living ; for the coast catch, which is all that is now open to us, without the fear of seizure of our vessels and sacrifice of our personal liberty constantly before our eyes, is too limited in extent, and uncertain in nature, to enable us, without absolutely certain loss, to fit out vessels to engage in it alone. Even at the best it can never aflTord subsiytence to a tithe of the fleet. We are now debarred by the terms of the modus vicendi from operating in Rehring Sea, and recent events on the l?ussian side have shown that the present limits are not clearly defined. We are therefore limited to the coasts of the Province of British Columbia and Alaska up to the Behring Sea, with the one alternative of going out of the industry altogether, and all that such a stop entails, the loss of capital, income, material and commercial connections to the owners, and, what is still more serious, the loss of even their daily bread to the captains and crews, not to speak of their families and dependents, who, it goes without saying, can ill afford to hear such a reverse. 1 'i a* s ExceVoncy the of Marine and ing-vp,-scls and uas itrij^inally nirni'sioRcr for b'fih liavij been oir occupation ■y Icuchiog the J action of the nd sacri6cc of with, tlioy say, >uld entail the :s, and (he still lly testifies his y, and entitled f are naturally touc'ainjj their eason, whether They desire te'.'tion. and Fisheries, ise that your the coramuni* ipeedily of the vard a copy of onies, for the ivy Council. We are well aw"re that the pu'.iic of Canada and Enn-land, far away from the scene of action, lave beeri iduccd by llic untiring ellbrts of interested persons in the United States, exerted through the newspaper press and by otiicr means, to accept a distorted account of our proceedings, and that we arc too gcncriilly looked upon as adventurers engaged in an illegal pursuit, to whom tlie protection of English law should be extended but scantily, if at all. It is not necessary to remind you. Sir, that these are far indeed from the facts; that we are, and always have been, law-abiding citizens, desirous to do nothing which might conflict with the maritime laws of England, the United States, or Russia, and particularly Df that broader law known as the law of nations; that sealers as a class are peace-loving and orderly in their conduct, anxious only to earn an honest living in a straightforward fashion ; and that, in the face of most difficult and disheartening circumstances, they have ever endeavoured to keep within the provisions of international law, always at their peril, and too often at their cost. We are deeply interested to know what will be the attitude of the British Govern- mcnt next sea-'on, and whether we may safely fit out vessels for the purpose of sealing outside of Eehring Sea; we are desirous of ascertaining the limit within which ne shall be protected in the North Pacific Ocean, the Sea of Okhotsk, and the waters on the Fussian side. In short, we wish to know where we can go, and where we cannot go, as at present there is great uncertainty on those points. It is of the utmost importance that we should know cur position before the season commences in January next. Wo therefore beg that you will endeavour to obtain definitions of limits, and, if possible, assurances of protection from the British Government, and, for the benefit of all concerned, cause a telegram to be sent at the earliest possible moment to the Lieutenant Governor here, stating the result of your action. "We are deeply conscious that, in making this request, we are asking a good deal. The great importance of the question to us and ours must be our excuse. We have, &c. (Signed) E. B. MARVIN and Co. HALL, GOSPEL, and Co. C. J. KELLEY. ELFORD E. SMITH. A. D. LAING. W. AVALKEK. D. URQUHART. BROWN BROS. The Hon. Sir Charles Tapper, Bart., G.C.M.G., C.B., &c.. High Commissioner, Lond(m. 30, 1893. in the sealing lich should, The next itable delay it to address le liberty, capital been lary to deal all of which ed, hut that xertidns, arc catch, which rifice of our uncertain in ngage in it in Behring nits are not of British oing out of tal, income, serious, the eir families irse. No. 3. The Earl of Rosebery to Sir Ji. Morier, Sir, ^ Foreign Office, January 18, 1893. I TRANSMIT to your Excellency herewith copies of letters from the Colonial Office* relative to a Memorial received from the owneis of scaling-vessels, and others in Canada engaged in the scnling industry, asking to be informed in wliat waters of the North Pacific Ocean, especially on the Asiatic side, they will be at liberty to pursue their fishing operations during the season for which preparations are now being made. You are aware that the Kussian Government declined to join in the arrangement come to between Great I3ritain and the United States in 1891, and renewed in 1892, for the suspension of sealing in a portion of Behring Sea, and Her Majesty's Government gathered from the language used at that time, and from previous published utterances of the Russian Government, that Russia made no claim to prohibit sealing in the waters adjacent to her territories, except within the ordinary and recognized territorial limit of 3 miles from the coast. But the seizures of British vessels by the Russian authorities in Behring Sea during the course of last year, at considerable distances from land, render it expedient to arrive at some definite understanding of the attitude of the Russian Government in this respect. I have therefore to request that your Excellency will inform the Russian Government of the application that has been made by the Canadian sealers. You will state that, in the opinion of Her Majesty's Government, which they doubt not will be shared by that of • Nos. 1 and 2. M I '■\ RuBiia, tbe nemomBsts ongbt in justice to receive early information as to the limits within ivhich thej n»*y lawfully and safely pursue their industry. As at prc^nt advised, Her Majesty's Government propose to inform them tliat the modus rivendi agreed upon between Great Britain and the United States having been prolonged dnriog ihc peTtdenoy of the Arbitration on the (juestions in dispute between those two Powers, fvalin;? will be entirely prohibited during the next season in the waters affected by ii.»t a^TEcinenf , bnt that outside lliose waters sealing-vcsselswill be at liberty to pursue their avocation, provided that they are cnret'ul not to infringe the Russian Regulations, «hirli ^rirtly prohibit the pursuit of seals and other similar animals within 3 miles of the Raf»ian coasts and islands. Before inakiiii;^ lh» communication, Her Majesty's Government think it right to inform the Hus«^ian GoTenunent, as a matter of courtesy, and in order to avoid the risk of misunderstanding:. They would nvh to receive the earliest intelligence if the llussian Government make any objection io its tenas and I should be glad therefore to receive a Report from your Excellency on the sobjeet by telegraph. I am, &c. (Signed) ROSEBERY. No.it. Sir R. Montr to the Earl of Rosebenj. — {Received January 31.) My Lord, St. Petersburgh, January 25, 1893. I liAVE the bonoor to transmit to your Lordship herewith a copy of the note I nddrtssed to M. CfaicLkiae on the 23rd instant with regard to sealing in the waters of the N'ottii I'acitic Hceac, in compliance with the instructions contained in your Lordship's despatch uf the ISth instant. I have, &c. (Signed) R. B. D. MORIER. Inclosure in No. 4. 8ir R. Morier to M. Chichkini, M. le CoDi-eiller Prive, St. Petersburgh, January 11 (23), 1893. I HAVE been lEitmcted by Her Majv •^ protection. Her Majesty's Government are of the opinion, which they do not doubt the Russian Government will share, that these n'.cmonalistB ou^ht in jiiKtice to receive early information as to the limits within which they nuiy safely pursue their industry. As at prejent adti»ed. Her Majesty's Government propose to inform them that tbe rr.odus rivendi asre«i ufron between Great Britain and the United States having been prolonged during tbe pendency of the arbitration on the questions in dispute between these two Powers, sealing will be entirely prohibited to their respective subjects and citizens (luring the lext fcatwn in the waters affected by that agreement; but that outside those waters sealing resreSs wiil be at liberty to pursue their avocation provided they are careful not to iufaiige tie Kuastan regulations, which strictly prohibit the pursuit of seals and other similar aciuak irithin 3 miles of the Russian coasts and islands. Before making this communication to the memorialists, Her Majesty's Government tiiink it right to infcnn the Imperial Government as a matter of courtesy, and in order to avoid tiic ritk of mt^understanding. Should the Kos>iaa Government make any objection to the terms of this reply. Her Majesty's Seovlirr of State would wish to receive the earliest intelligence of such objection, and I would thacfotc beg your Excellency to communicate with me on tbe -;ubject at your eariixxt poi03. I HAVE received your Excellency's despatch of the 2Jth ullimo, recording a conversation whh M. Chichkine, in which you pressed for an answer to \our inquirv as to the limits in which sealing might be carried on during the approaching season in tlie eastern portion of Behring Sea. The language held hy your Excellency on this occasion is approved by Her Majesty's Government. 1 am, &c. (Signed) llOSEBKRY. MORIER. No. 8. Colonial Office to Foreign Office. — (Received February 22.) Bir, Downing Street, February 21, 1893. I AM directed by the Marquis of Ripon to transmit to you, to be laid before the Karl of Rosebcry, a copy of a desj>alch and its inclosurcs from the Govcrnor-General of Canada respecting the inquiry of the British Columbian sealers as to the limits in the North Pacific, within which they may pursue their industry during the approaching season. As the scalers will very soon be clearing from British Columbia, it is important that Her Majesty's Government should be in a position to return a reply to their inquiry at an early date, and I am to suggest that Her Majesty's Ambassador at St. Petersburgh should be instructed to press for an early intimation of the views and intentions of the Russian Government. I am, &c. (Signed) 11. n. MEADE. Inclosure 1 in No. 8. Lord Stanley of Preston to the Marquis of Ripon, My Lord, Government House, Ottawa, January 20, 1893. I HAVE the honour to transmit herewith copy of an approved Report of the Privy Council, submitting a commtmication from the British Columbia Scalers' Association, inquiring within what distance of the Russian side of the Behring Sea it is permitted to take seals, together with copy of the reply returned to the Association by t!ic Minister of Marine and Fisheries. Your Lordship will observe that Ministers would be glad to know what further reply Her Majesty's Government would wish to be given to this inquiry. I have, &c. (Signed) STANLEY OF PRKSTON. Inclosure 2 in No. 8. Report of a Committee of the Honourable the Privy Council, approved by His Excellency the Governor-General in Council, on the \7th January, 1893. ON a Report, dated the 11th January, 1593, from the Minister of Marine and Fisheries, submitting a copy of a communication received from the British Columbia Sealers' Association of Victoria, British Columbia, an(1 of his reply thereto, relative to the limit within which Canadian sealing- vessels must not approach the (so-called) Japanese or Russian side of Behring Sea, the Minister in this connection desires to call attention to the Minute of Council, dated the 23rd September, 1892, in reference to a communication from the Sealers' Association, toucliing the recent seizures of Canadian seal ins: -vessels by Russian cruizerp, and matters connected therewith. The Committee, (m the recommendation of the Minister of Marine and Fisheries, advise that your Excellency be moved to forward this correspondence to the Right Honourable the Principal Secretary of State for the Colonies, with the request that Her Majesty's Government will be pleased to intimate what further reply may be given to the questi(m raised by the Sealers' Association. , All which is respectfully submitted, for your Excellency's approval. (Signed) JOHN J. McGEE, Clerk of the Privy Council. Appendix I. 100, Goirrnnunt Street, Victoria, British Cdunhia, Sir, Jnnitary 3, 1893. IJKFEKRINCJ to our letter of tl:e 8th Septemliur, 1802, in wliich we requested that the ImiHjriul Governineiit would detine our rights in the so-called Uu8.sian or \ve.stern portion of 15ehrin<{ Sea, and also afford us armed protection in the e.xercise of those rights, and to your reply of the 16th of the ioiij I wll \viA pr iprd us prd ThJ M y 21, 1893. id before the or-Geneml of limits in the I approaching inportant that eir inquiry at . Peterabur^h intions of the MEADE. iinme montli, in which you informed \w that under the Trenty of 1825 between KnsKia nnd Great I Britain wc were free to pnrHue our voyafjes and Keal-Iinntinjj in tliose wiitcrH, we now liave the honour, [on behalf of the I'.nti.MJi Columbia Sealein' Aswociation, to brinf; under your notice two parngrapLB [which have recently appeared in tiie Victoria " Daily ColoniHt" on the Hame Hubj^ct. We are now otittittiuf,' for the ensuing season's voyage, and as, owing to the American mmliia \viven(li,vie are excluded from the eastern jmrtion of ]J(?hring Sea, we have no alternative but to I proceed to the Japanese and ]{ussian side of the sea. i We would therefore respectfully ask you to say what the limit is within which we must not 'approach .Ta|)anese and ]{ussian territory. Is it 1 leag^u- — 3 nautical miles, or is it .'I leagues — 9 uatitical miles ? We take leave, at the same time, again most urgently to urge that we may be afforded naval I protection in tiie exercise of our rights. If not iireventing seizures, it would be a great advantage to I us that there sliould be disinterested and oHicial witnesses of our imiccedingH, and would at least [protect us from insult and robbery such as we suflered in 1892. "We have, &c. (Signed) .lOHN G. COX, rrcsidciit. lii-ilix/i Columbia Scah.rs' Axsociation, (Signed) laCHAKI) HALL, SecreUiri/, L'ritis/i Columhui Svakra' Association, JThe Hon. the Minister of Marine and Fisheries, Ottawa, &c, &c. kc. From Victoria, Lritibh Columbia, " Duihj Coloni»l" of Jaminrg 3, 1893. / 20, 1893. ■ of the Privy Association, permitted to the Minister further repljr IIKSTON. Of Interest to Sealing-men. Japanese papers received by the Xorthern Pacific liner " Tacoma " contain the following Notice, Jwbich will be read with interest by all identified with the sealing industry : — " Masters nnd owners of British vessels are, by instruction of Her Majesty's Government, hereby [warned that vessels attemjjtiiig to pi'rsue seals 9r fur-otters in the Ilussian territorial waters without iBpecial licence are liable to seizure and confiscation, and go at their own risk." Jritish Consulate, Yokohama, December 10, 1892. (Signed) JAMES TROUP, Her Britannic Majesty's Consul "ixcdlency the Vlarinc and 1 Cohimbia rehuive to (so-called) sires to call eference to [)f Canadian Fisheries, the Right st that Her fiven to the Council. ;he Imi)erial ing Sea, and Kith of the Fro7n the Victoria, British Cohnnbia, "Daily Colonist" of Deetmber 14, 1892. The San Francisco correspondent of the " Fur Tmde Review " (New York) prints the following Ein the December issue of that well-known trade magazine: — " That was quite a sensational story which was brought out at Victoria to the effect that Captain de Lcvron, of the cniizer ' Zabiaka,' the vessel which made nearly all of the .seizures on the Uussiau E const this year, had been decl.ired insane and relieved of his commission. It wa.s interpreted by some [of the Victoria sealing men as an effort on Itussia's part to shift the responsibility for the Captain's [actions, and as a clear evidence of backdown. "'ihey are in great hojies of receiving compensation from Russia for the seizures made, but it will tnot be long before they realize that there is no such good luck in store for them. " In the firet place. Captain de Levron is not insane (as his arrival here a few days ago fully V established), and he was not removed on account of having made too many seizures, but for the reason that he neglected his duty in not having gathered in more of the illegitimate hunters. " It was proven against him that on two distinct occasions he ran into harbour, onee for ten days, and again for fifteen days, during the height of the sealing season, when the poachers were as thick as ibees on the forbidden grounds. "This offence has been considered so great in the eyes of the Russian Government that )e Levron's commission has been permanently revoked, and he will never again be given command of »uy vessel sailing uiuler the Russian liag. The Captn Diego Louii G. OIh'D . . Hose Sparki . . E. E. Wubster .. Active .. a, Innhoe. . , , C. G. Wbita Sophie Satherlind Mstter T. Dyer . . LilliaU Bowhewl .. !• •• • • •• [395J 553 1,342 457 2,172 41 1,287 988 1.603 1.187 580 1,813 Kmina niiil Ix>iiiM llniiry IVnnit .• Knii! ami Aniiio , , Lh Nihfa WilUril Aiiitworlli Anacoitdu , , UnduuiiU-d Dawn . . , , Emmet (nd Felili Allie I. Alitor Maritlll Arocoiiila ,, Guoric White C. H. While (iriird). Cuco , , , , 8*0 Diego . , Tulal 1,009 l,9U0 l,23i 541 SHU biO 328 128 400 1,712 ISO 700 CO I 2,oor -^ S Appeuilix II. tliiitlumen, Januani 10, 139.1. 1 hnvo tlio Iinnonr to ncknnwlctli^'o tlio rcooiiit of yniir communication of the .'iiil, in which ymi refer to yimr lotti-r of tiin ,sth Si'iiteiiilicr, 1892, in which you requested that the Iniiioiiul Goviiriiuieiit nrould define your riglits in the so-called IJussiun, or western, portion of ISehring Sea. 1 have rend the jiaraKvajihs from tiie " Daily ('olonist " to which you call my nttention, ami I note that you ])Vopnse lu'ocwMliuf; to tiio Japanese and Rus.sian side of lichniij; Sea, so-called. 'J'ouchini^ the (pie.itioii which you i>ut to me as to what tlie limit is within which you mu.sl not approach .Tapnne.se or Kiissian territory, I can only say that, while in the opinion of the I'lritisli tiovornment the exclusive autliority of Japan o.; Uu.ssia extends for .! nautici\I miles from their respective coasts, I am of tlie o))i-iion that, in view ot ilie disputes now peiidinjj, and the pa.st actions oi' iluHsiu and the Tnited States, it is inipossihle to ignore the fact that risk attends any .scaling-vesscl approach ing tl.'^ coasts of H-.issia or .lapan. 1 shall, however, lirinj; your communication to the notice of his Excellency thi^ Governor- Genera I, in order tliat it may, with your previous letter, be submitted to Her Majesty's Government. I have, lie. (Signed) CHARLKS il. TUPrKl!. John G. Cox, E.sip, President, Hritish Columbia Sealers' .As.sncialion. Ilichard Ifall, Esij., Secretary, r.riti.sh ('oluml)iu .Sealers' A8.socintioii, No. 9. Tlie Earl of Itcsehery to Sir TJ. Morter. 4 Sir, Foreign Office, February 22, 1893. WITH reference to my despatch of the 18th ultimo respecting the limits in which sealing will be iiermitted in the North Pacific during the approaching season, I transmit to your Excellency a despatch, and its inclosures, from the Governor-GeneMl of Canada,* reporting fresh inquiries which have been made by the British Columbia Sealers' Association on this subject. Tiie Secretary of State for the Colonies, in forwarding Lord Stanley's despatch, points out that, as the sealers will very soon be clearing from British Columbia, it is important that Her Majesty's Government tliould be in a position to return a reply to their inquiry at an enrly date ; and I must accordingly request your Excellency, in view of the urgency of the question, to again endeavour to obtain from the Russian Governmcut some expression of their views and intentions on this subject. 1 am, &c. (Signed) ROSEBERY. ■:I • No. 8. 1,000 1,900 l.SS'i 541 8iO fiLO 328 128 400 1,712 ISO ;oo CO ■i3.6'Ji Xo. 10. 6j>- R, Mortcr to the E'trl of Uosebenj. — (Recelvd Fehrmrij 2H ) My Lord, S'- Petersburgh, Fehruanj 25, 1893. WITH reference to my dcspaleli of the 25th ultimo, I have th« honour to transmit to your Lordship hcrewitli n copy of a note I liavo just received from the Russian Government, in reply to mine of the 11th (23rd) ultimo, on the suhject of gealin:; in the North Pacific. I have, &c. (Signed) R. B. D. MORIER. nuarii 10, tSOn. !nl, in which vou lui'iiil Govurniiifut ention, and I nute e.l. ii li you miisl imt jii of tho Piiitish miles from lln'ir tlio past .actions of Riiy S('alin;j;-V('ssi'l rrovcrnor-Gcneral, umi'iit. > il. TUPrKR. try 22, 1893. ng the limits aching season, vernor-Gentjr.'il ritish Columbia ley's despatch, Columbia, it is return a reply Excellency, in m the fiussian OSEBERY. Inclosuro in No. 10. J/. Chuhhine to Sir R, Morler, Ministire des Affaires Etningercs, M. I'Ambassadeur, /<• 12 (21) Fdvrier, 1893. TAR votre note du 11 (2:1) .Tanvier, vous avez bicn voulu ni'informer quo plusieurs capitaincs do navircs destines n la chasso des otarles dans la Mcr do Behring ayant demande a 6trc rensoigni'-s sur les limites dans lesquelles il leur serait loisiblo do prati quel" leur industiie, le riouvcrnement IJritannique sc projiosait do leur repondro que la chassc aux otaiies vesterait jus(iu'ji nouvcl ordre compl6tement interdite ('ans Ips limites do la ligiic do dc'marcation couvonuc eii 1891 eiitre TAngleterre et les Ktata- Unis d'Amcriquc, mais quVUe etait libre en dehors do ccs limites, sauf ies eaux territorialcs do la lUissie. En meme temps, votre Excellence m'a demando do lui communiqucr les objections evcMituellcs que le Gouverncraent Imperial pourrait 6tre dans le cas dc former centre cettc declaration. Tout en vous remciviant, JI. rAmbassadcur, de cctte demarche dont le Gouverne- meut Imperial prend acte, jc m'cmpresse de vous informer cjuc la (juestion des mesures a prendre pour empecber la destruction d(! la race des otaries ayant etc depuis quclquo temps mise i\ I'etude, j'ai dil attendre les resultats preliminaii-es dc co ti'avail pour ri'pondre u la note ipic vous avez bien voulu m'adresser. En abordaut aujourd'hui la question de la cbasse aux otarics, jc crois devoir, avant tout, faire observer a votre Excellenei- (luc I'iusutlisanco de la stricte applicaticm en s 1887 entrc les trois Puissances principalement intercssees dans le but do convcnir des mesures spociales et exceptionnelles. La ndccssite dc telles mesures a ete, depuis, conlirmee par rentente Anglo* Amdricaine (Stablie en 1891. En se prctant a ccs poui-parlers et a cettc entente, Ic Gouvcrucmcnt Britannique a lui-mcmc admis I'opportunitc d'une derogation cventucUe aux regies generales du droit international. TJn point sur lequel il importerait ensuitcd'attirer toutparticulierement IVttention du Gouverncment Britannique est celui de \r ; n.ation absolument anormale et excep- tionnellc cr6ee pour les interets Russes pat i . stipulations Anglo- Amerieaines. Au fait, la prohibition de la chassc dans les limites tracees par le modus vivendi convenu en 1891 a cu pour resultat d'augmeuter la destruction des otarics sur les c6tes Russes dans unc proportion telle que la disparition complete de cetto race n'y serait plus qu'une question dc peu de temps, si des mesures de protection efficaces n'ctaient prises sans retard. Les chitfres suivauts le demontreut clairement : — Le nombi-e des otarics ii tuer annuellement etant tixe par I'Administration pro- portionnellemcnt a leur quantite, les annees de 1889 a 1890, avant I'tjtablissement du modus Vivendi Anglo-Americaiu, ont donne les chitfres du 55,915 et 56,833, tandis que I)Our les aundes 1891 et 1892, apr^s I'entente susmentionnee ces chiffrcs sont tomb6 a 30,689 et 31,315. D'autre part, d'aprds les donnces statistiques que le GouVernement Imperial a pu se procurer, la quantity des peaux d'otaries, de provenance llusse, livrde par les chasseurs sur le march6 de Londres s'est par contre accrue pendant ces deux annees dans line proportion infiniment plus considerable. Le uombre des navircs s'occupant de la chassc et apercus daus les alentours des lies Komandoi-sky ct Tulcncw [395] •' c 2 10 (ll()l)l)(!ii Tslimd) aurait aiissi auf^montt! coiisitU'«mblcmoiit, soloii los observations faites par rAdtninistration locale, jics procedcs sauva^es (it illicitos do cos chasseurs rcssortcnt d'aillours du fait avcn's par Ics suisics cpio plus dc 00 jmur cent dos pcaux d'otaricspiDportik's par oiix sont colics d'otarios fcincllcs (pii no s'liloif^uoiit j^uc'^rc a uiio prando distanco dc la c6tc nondaiit la saison d(( la cliass*; ct d')nt la dost met ion cntralno cello dc Uma lea jietits qucUcs nourrissent. Le nombro d'otarios blossees ou aban- (lonnces sur la c6to ou dans Ics oaux torritoriah's et retrouvces cnsuitc par les autoritcs locales constate dgalcment lo caractf^rc destructeur do la chassc. Dans cot etiit de cboscs, nous nous croyons Jiistilies, M. rAmbassadour, en cxpriniant notro cnti6ro conQancc quo le (Jouvcrnenicnt Britanniquo admcttra rursjcnce do mcsurcs rcstrictivcs en attendant, qu'uno rei;lcnientation internationalo dc la chassp aux otarics puisso 6tro etablio cntro les I'uissancos principalenacnt intdrossees. Le Gouvernemcnt Imperial pour sa part n'lu'jsito pas h reconnaltro quo la protec- tion ne saurait fitre cxercco d'uno mani^rc vraiment eflicaec qu'ii la suite d'uu tel accord. En consequence il est dis])ose, dt^s a present, ii cntrer dans co but en pour- parlers avee les Gouvcrnements de la Grandc-Uretagne ct des Ktats-Unis d'AmdritjUC ; maisil leconnaH en in6me temps la nccessiti'; absoluede mcsures provisoires imm^diates tant ft cause do la proxiniito dc rouverturc de la saison dc cliasse, quo pour fitrc i\ m6mo de rdpondre, en temps utile, h la question posdo dans la note do votre Excellence du 11 (2y) Janvier. A cet effct, ct d'apr6s un examcn apj)rofondi, Ic Gouvernemcnt Imperial a cru neccssaire d'arri'ter les mesurcs suivantes qui seraient applicablcspour Tannde 1893 : — 1. La chassc aux otarics sera prohibeo j)our tout navire n'ctant pas muni d'une autorisation spccialc, a une distanco de 10 milles Ic long do tout lo littoral appartenant k la Kussie. 2. Cette zone prohibeo 'sera dc 30 milles autour des lies Komandorsky et TuWnew (Robin Island) scion les cartes oflleielles Russcs, co qui implique la ferracturc pour les navires s'occupaut de la cliasso aux otarics du d(5troit entro les Ilea Komandorsky. Ces mesurcs seraient justifiees en co qui concerno ' no do 10 milles le long du littoral par ce fait que les navires s'occupaut de la aux otarics stationnent y6n6ralement li une distance de 7 a 9 milles dc la c6tc, i,c...ais que lours chaloupes ct leur d(juipage se livrent i\ la chassc tant sur la cAtc mfime que dans les eaux territorialcs ; aussitfit qu'nn croiseur est signals au loin, les navires prennent le large, et tiUchent de rappeler leurs cmbarcations on dehors des eaux territorialcs. Pour ce qui concerno la zone de 30 milles autour des lies, cette mesure est motiveo par la ndcessitd de proteger les banes designds par les chasseurs sous le nom de " sealing grounds " qui se trouvent autour des lies et no sont pas sutTisamment prdcisds sur les cartes. Ccs bancs servcnt dans certaincs saisons de station aux fcmelles dont la chasse est particuliftrcment destructive pour la race des otarics h I'dpoquo do I'anndc oh les fcmelles nourr'sscut leurs j)etits ou vont leur chercher la nourriture sur les bancs dit " sealing grounds." En vous priant, AI. rAmbassadour, do porter ce qui prdc6de ^ la connaissancc du Gouvernemcnt IJritannique, je crois utile d'insister sur lo caract6rc essenticllement provisoiro des mesurcs susmcntionndes, qui sont arrfitees sous la pression de circon- stances exccptionnclles, pouvant 6tre reconnues commo un cos de force majeure et assimilt^s aux cas de defense legitime. II n'entre, bien entcndu, en aucune fa9on dans I'intention du Gouvernemcnt Imperial de con tester les r6gle8 gdniSralcment ree;nnues quant aux eaux territorialcs. Dans sa pensec, loin de porter attcinte ii ces principes gdndraux du droit des gens, les mcsures qu'il croit ndcessaire de prendre doivent, au contraire, les confirmer commo I'exception confirme la r6gle. Le poids des arguments ci-dcssus dcveloppds n'dchappera certainemcnt pas ji I'apprdciation dclaircc du Gouvernemcnt Britanniquo, et j'ai la forme confiance qu'il ne 80 refusera pas de prendre relativemcnt aux navires Anglais destinds k la chasse des otarics des dispositions conformcs aux mesurcs que le Qouvemement Impdrial se propose do prendre pour I'annde 1893. De son c6td, le Gouvemcment Impdrial ne manquera pas de donnor h ces mesures, en temps utile, la publicitd qu'elles comportent. En outre et alin de prdvenir dans la mesuro du possible, dea malentendus et des contestations en cas d'infraction aux mesures provisoires ci-dcssu9 ainsi qu'aux regies gdndrales du droit des gens, les croiseurs de la marine Impdriale aussi l)ien que les autoritds locales seront munis d'instructions prdcisos ddfiuissaut nettement les cas ou 1 I cs observations lo CCS clinsseurs cent (los peaux cat i^ut'tti a uiic •iiction cutralno I'ssces ou aban- )ar Ics autoritcs inbassmlcur, en liquo admottra itcrnationalc dc principalcmcnt 3 que la protcc- suito (1 im tel cc but en pour- is d'Amcriijue ; ires imniediatcs ur fitrc i\ m6mo Excellence du Imperial a cru annce 1893 : — IS muni d'uno 'al appartcnant iky et TuWncw I la ferracture cntrc les Hub iUcs le long du ics stationnent } chaloupcs et dans Ics eaux inent Ic large, >s. ire est motiveo s lo nom do imcnt prdcis^ melles dont la uo do I'annde ! sur les bancs nnaissancc du sentiellement on do circon- e majeure et ouvernemcnt territoriales. des gens, les irmer commo ;mcnt pas ]\ )nflanco qu'il la cbasse dcs ial se propose ccs mesures, Bndus ot dcs u'aux regies )ien que les it les cas oil -\' SI lo droit dc ponrsuitc, do visito cL dc suisio dcs navircs en contravcntioji devrait etro CXOlCi'. Coinmo il a vl6 avcro f|iio tout on so t(;nnnt en dcliors des eiux territoriales et qu-lcpierois nieme h mw distineo depassant les 10 niillcs, Ics navires dcstinds au traflc des otaries envoi(!iit une partie di; leur eriuipngo et leurs elialoupes sur la c6to nienie dans les eau\ teiritoriales ou a proxiniitc'', il sera prescrit par les instructions susmcntionnees dc pnursuivrnet d(> sounicttro i\ la visitc tout navirc dont les cmbarci* tions ou Tequipaijo aiiniiit 6te nper9us ou saisis sc livrant a la chasso aux otaries sur la c6tc ou dans la zone jn'oliibco par los mesures provisoirea pour I'aiun'ic 1893. Uno forte jjresoinptiou resultant du fait memc do la presence d'embarcations pr^s (le la cftte ou dans la zone i)r()bil)(5o lors memo qu'au premier abord il aurait 6t6 impossible de eonstater si ees embarcatious se livraicnt ou non a la cbasse dcs otaries ; il sera loisible di; ])oursuivro et de soumettrc a la visito les navircs auxqucls a|)partien- draient ccs embarcatious. La saisic sur les navires sniunis i\ la visitc d'instrumcnts spcjcialcmcnt employes pour la cbasse dos otaries sur la cftt(! memo aiusi que des peaux d'otaries dont la plus grando partie seraient eelles de femelles coustituerait des pn'somptions suflisantes pour la saisie du navire, attendu (pio les otaries femelles no s'eloignent gm^ro du rivagc Ji ])lus dc 10 milles {h I'execptiou dcs bancs situcs autour dcs lies) pendant la saison oil ellcs nourrisscnt leiu's ju'tits. En informant les capitainca des navires Anglais destines ii la cbasse dcs otaries des mesures provisoires arret ces pour I'annee 1*593 Ic Gouvcrncmcnt Ikitannique jugera ])eut-elre utile (1(> leur faire connaitrc egalemcnt la tcncur somraaire des instructions dont les croiseurs llusses seront munis, on ajoutant que lo droit do surveillance sera egalemcnt eontio aux navires de la cAto sur Ic grand m(it dcsquels lo Gouvcriicur des lies Komandorsky bisscra Ic pavilion Douanier dc la llussio lorsqu'il sc trouvcra ii bord dans rcxercicc dc scs fonctions. Vouillcz, (fee. (Signe) CniCHKINE. % (Trauslatiuu.) M. I'Ambassadeur, Ministry of Foreujn Affairs, February 12 (2't), 1893. IN your note of tbc lltb (2;Jrd) Jaiuiary, you Averc good enough to inform mo tbat several captains of vess;'ls destined for tiic sc.il lisbery in Pcbring Sea bad asked for information as to llie limits within which they would ho permitted to carrj' on their industry, and that Jler ^Majesty's Government proposed to reply to them that until further notice sealing would remain entirely prohibited within the line of demar- cation agreed upon in 1891 by Great Ibitain '.nd tiie United States of America ; but that it might be freely carried on beyond that line, except within the territorial waters of Russia. Your liXcolleney requested me at the same time to communicate to you any objections wbicih tbc Imperial Government might find it necessary to make to this announcement. ■VVbilc thanking you, ^l. I'Amluissadeur, for this action, of which the Imperial Government takes note, I hasten to inform you that the (piestion of the measures to be adopted to prevent tlie destruction of the seal species has boon under consideration for some time past, and that I liavc been obliged to await the preliminary results of this investigation before replying to tbc note wbich you were so good as to address to me. In approaching, on the present occasion, the question of tbc seal fisheries, I must first of all point out to your Excellency that the insulTicicncy of tho strict application to this matter of the general rides of international law respecting territorial waters has been proved by the mero fact that negotiations were commenced in 1887 between tbc three Powers principally conccrritd, with the object of agreeing up.iu special and exceptional measures. The necessity for such measures has been more lately confirmed by the Anglo- American Agreement of 1891. Iler Majesty's Government, by taking part in these negoi*- ,ions and in this Agreement, have themselves admitted the propriety of a possible departure from tho general rules of international law. A further point to which it would seem important to call tho special attention of Her Majesty's Government is tbc absolutely abnormal and exceptional position in which Russian interests are placed by the stipulations of the Anglo-American Agreement. The prohibition of scaling within the limits agreed upon in tho modus vivendi of 1891 has, in fact, caused such an increase in the destruction of seals ou the Russian coast, 12 I 1' that the complete disap^ioamnoo uf theso aiiiiimls would ho only n question of a short time unless efficacious measures for their protection wore taken without delay. The following figures clearly show this : — The numher of seals to be killed annually is lixed oy the Administration in proportion to tho total number of seals. In the years 1889 and 1890, before the establishment of the Anglo- American modus rivcndi, the catch amounted to 55,915 and 56,833, while for the years 1891 and 1692 (after the above-mentioned Ajjreemenl) tho figures fell to 30,689 and 31,315. On the other hand, according to the statistical informati >n which the Imperial Government has been able to obtain, the quantity of seal-skins of Russian origin delivered by the sealers to the London market, increased during those two years in an infinitely greater proportion. According to tlu; observa- tions made by the htcal Adn^inistration, the number of A'cssels engaged in scaling and seen in tho niighbourhood of the Coniniandor Ishinds and Tulenew (llobben) Island has also increased considerably. The barbarous and illicit proceedings of these sealers arc also proved by the fact, rstablishcd by seizures, that more than 90 per cent, of the seal-skins carried away by them are those of female seals, who are hardly, if ever, found far from the shoi-o during the sealing season, and whose destruction entails that of all the young which they are suckling. The destructive character of the fishery is also shown by the number of ocals wounded or abandoned on the shore or within territoiJai waters, and afterwards found by the local authorities. Under these circuuifitanoed, we think ourselves justified, Al. I'Anibnssadeur, in expressing our o.itiro confidence that Her ]\ra)esty's (iovernmeut will admit the urgent necessity of restrictive measures pending the establishment of international seuliug regulations between the Powers principally concerned. Tl'" luperial Govjrnraent on their side do not hesitate to recognize tho fact that proteCv. ^ cannot be carried out in a really satisfactory manner unles'- »i, is preceded by some .such agreement. Accordingly, ilii'y a>'e disposed lo enter i^.to ne-.^otiations at once with the (governments of Great Britain and of the Tnited .States of America ; but they recrgnir.e at the same time th(? absolute necessity of immediate provisional measures, both on account of the .lear approach of the sealing season and in order to be in a position to reply in good time to the (juestion contained in your Excellency's note :-: tho llth (23rd) January. Will: this object, and after thorough investigation, the Imperial Ci vernmcnt has thou£,at it necessary to decide on the following measures to be in force during the yearl8€3:— 1. No ship unpTOTided with a special authorization shall be perniilted to hunt for reals within a distance of 10 miles along all the coast belonging to llussia. 2. This prohibited zone shall oe 30 miles wide around tlie Conunander I.-^lands and Tul(Snew (Robben) Island according to the ilussian ofiioial maps, which implies that the passage between the Commander Islands will be closed to vessels engaged ia sealing. With regard to the 10-mile zone along the eoast, tlicso ni sures w'11 be justified by the fact that vessels engaged in the seal fishery generally take up posit ioi\s n.t a distance of from 7 to 9 miles from the eoast, whilo tlieir boats -ind crews eni^^age in sealing both on the coast itself aiul in territorial waters. As .soon as a eruizcr is .sii,'hl'"J, the ships take to the open sen and try to "ceall their boats from tenltorial watt in. AVith regard to the 30-nule zone around the islands, this measure is taken with a view to protect the 1)anks, known by the sealers as *' sealing grounds," Avhieh extend roiuid the islands, and are not sliown with sufiieit.'nt ae»;uracy on maps. TIickc banks are fretjiu-nted during certain seasons by the female seals, tie killing of Vihieh is particularly destructive to tho seal species at the time of jear when the females are suckling their young, or go to seek food on the banks known as " sealing grounds.'* While retpiesting you, M. rAmbassadeur, to bring the foregoing considerations to the knowledge of lier Majesty's Government, I think it importntit to insist on the essentially provisional ehamcter of tijo above measjires adopted under i>ressure of exceptional circumstances which may be regarded as a case of force tmijntre, and analogous to cases of legitimate self-defence- It docs not, of course, enicr r.t all into the intention of the Imperial (lovernment to dispute the generally vecoenizcd rules with res|K'et to tenilorial waters. In their opinion, for from attteklRg these general principles of international law, the measures wbiob they think nccc;. ,ary to take must bo regaiiled as confiruiing them, as the exception proveK the rule. The lorce of the orguraenUt scl tbrth aljove will <>ertain1y not escape the enligUiened appreciation of Ilcr Majesty's Gcvcrnmcut, and 1 am firmly convinced m astioii of a sliort it delay. Imi lustration in 890, before the (1 to 55,915 and Igrceinent) the ) the statistieal the quantity of ivrkct, increased to th(? o1)serva- i in sealin*,' and lloI)ben) Islaud of these sealers |u'r cent, of the hardly, if ever, ion entails that if the fishery is iiorc or within inhassadeur, in niit tlie urgent a(ion:d scaliujj n the fact that .1 is jireccded le^jotiations at Ainorica ; but te provisional lid ill order to r Excellency's Govornmont cc during the d to hunt for iiidi'i- Islands vliidi implies Is enifagc-d ia 11 lie justified lo.'sitions r'.t a vs oni,'a<,'e in '.er is Nii,'lil'\I, wnii'i-s. s taken ivitli ilnVh extend laps. These n\' of whieh the females ly tri'ounds.' iderations to nsist on the hi' i>re8sure mnjture, and [lovernnicnt s. In their lu; uieneures lein, as the esc«[)e the r couviuced that they will not refuse to take stops with regard to the English sealingf.vessels, in accordance 'ivith the measures which the Imperial Government propose to take for the year 1893. On their side, the Imperial Government will not fail to give io <^ese measures, in good time, the publicity which they require. Besides tliis, and in order to prevent as far as possible any miv>underst&nding8 and disputes in case of infraction of the abovcf provisional meaaut'es, as well as of the general rules jf international law, the cruizers of the Imperial Government and also the local authorities will receive precise instructions, clearly laying down the cases in which tho right of pursuit, of search, and of seizure of offending vessels should bo exercised. As it is affirmed that the sealing-vcs.se)s, while themselves i-emaining outside territorial watei-s and sometimes more than 10 miles from shore, dispatch a portion of their crews and their boats to the coast, and within, or very nearly Avlthin, tciTitorial waters, the above-mentioned iiistructions will prescribe the pursuit and search of all vessels whose 1. lats or ercws shall have been observed or seized while sealing on tlu; coast, or within the zone i)rohibited by the provisional measures for 1893. As a strong presumption results from the mere fact o" the presence of boats near the coast or within the jirohibited zone, even wlien it has been impossible at first to decide whether these boats were engaged in sealing or not, it shall ba permissible to pursue and search t'le vessels to whieh such boats belong. The seizure on board vessels thus searcluxl, of special implements employed in sealing on shore, as well as of seaUskins the greater part of which are those of I'einales, will constitute sufiicient grounds for the seizure of the vcs-sel, in view of the fact that the female seals, during the season of suckling their young, mrely, if ever, depart further than 10 miles from the shore, excepting on the banks around the islands. When informing the captains of English sealing-vessels of the provisional measures drawn up for the y»?ar 1893, Her Majesty's Government will perhaps think it advisable to communicate to them likewise a summary of the instructions which will be given to the llussian cruizere, and to add that the right of surveillance will also he given to vessels belonging to the coast on t!ie mainmast of which the Governor of the Commander Islands hoists the llussian Custom-house flvtg when he is on board in the discharge of ids duties. Accept, &c. (8igne than once expressed their willingness to take part in the framing of a general scheme for the protection of the seals which shall have duo rcganl to the various interests concerned. They quite recognize that the provisions of the modus viiendi agreed upon between Great Uritain and the United States tends to drive the sealing-vesscla of both those nations, which have been accustomed to resort to the eastern part of Beliring Sea, to the waters adjacent to the llussi&n coasts, ond the reduced number of si'als which it IV rch 13, 18ft3. n given to tlio ', been mack' to protective zdiio ids clearing for proceed to the 1 upon between crly portions of in tlie summer to the above from Japanese B consideration you, rh 17, 1S03. oration to tlio Excollency's the Russian in the North lilted to llor 'ithin a zone >und Robbcn t is proposed •essels wlioso limits, and within those tor case the f seal-skins, d sulTicieut has 'w'«n deemed advisable to take on the Russian rookeries in 1892 is, undoubtedly, «^videncc that, according to the observation of the local authorities, a substantial decrease has occuiTed in the seals frequenting those rookeries. Her Majesty's Government could not admit that Russia has therefore the right to extend her jurisdiction over British vessels outside the usual territorial limits, but they arc anxious to afford all reasonable and le';itimate assistance to Russia in the existing circumstances. They are ready to enter vt once into an agreement with the Imperial Grovernment for the enforcement of the protective zones proposed in M. Chichkine'a not<; on conditions similar to those of their modus viveudi with the United States, which it will be observed are of a reciprocal character. The terms of the agreement would be as follows : — Her Majesty's Government would issue the necessary enactments prohibiting British subjects from soal fishing within the zones specified by M. Chichkii ■, and would instruct the Commanders of British vessels of war cruizing in the North I'aciiic to co-operate with the Russian cruizers in enforcing the prohibition. The Russian Government would engage to hand over to the British cruizers, or to the uoarost British authority, any British vessels seized by Russian cruizers, outside the ;}-inile limit, for infraction of the Regulations, in order that such vessels miglit be duly iidjiKlicatod on hy the British Courts. The British naval officers would similarly hand over to the Russian Government any Russian vessels so seized by them. The Russian GovernnKMit would farther engage that the number of seals to be killed on the Russian seal islands should be limited to a certain specified number to before -ed, states that p letter to all ; the substance y hereof to^the E, •ivy Council. 4 1l Inclosure 4 in No. 15. Memorandum. ^ ''' ' '■ ' • . M.JJ IN accordance with a request Uoxu the Right Honourable the Secretary of State for the Colonies, I have to acquaint you that Her Majesty's Governnaent has received a proposal from the Russian Government for the establishment of a protective zone around the islands and coast of Russia. You w?(l therefore warn masters of all sealing-vcsseU ckaring for the North Pacific to arrange for ascertaining the provisions which may be agreed to by the two Governments before proceeding to the neighbourhood of Russian territory. (Signed) N. C. WALLACE. Department of Customs, Ottawa, '< • • March 6, 1893. To Collectors of Customs, -. i i t Ports in British Columbia. ^"tatifiii No. 16. Colonial Office to Foreign Office. — (Received April 8.) Sir Donning Street, Apn! 7, 1893. WITH reference to the letter from this Department of the 4th insttmt i-espccting the steps taken by the Government of Canada to inform Canadian scalers; of the proposal of the Russian Government for establishing a protective zone round the ooast^s and islands of Russia, I am directed by the Marquis of Ripon to transmit to you, for the information of the Earl of Rosebery, a copy of a further des^tatoh from tho Governor-General of Canada, with it« inclosures, on the subvert. I am, dec. (Signed) .TOHN BRAMSTON. Inclosure 1 in No. 1(>. TjOrd Stanley of Preston to the Marquis of Ripon. My Lord, Oovernmeht House, Ottawa, March 20, 189.'?. IN continuation of my despatch of tho 14th instant, notifying your Lordship of the steps taken by this Govcrumeuf to inform Canadian sealers of the proposal of the Russian Government for establishing a protective zone round the coasts and islands of Russia, I have the honour to forward copy of a further approved Minute of the Priry Council, detailing additional measures which have been taken to give publicity to this proposal, and submitting a list of Canadian vessels which have already cleared from Victoria for thopiu'posc of scaling in the North Pacific. I have, &c. , _ (Signed) STANLEY OF I'HlvSTON. ■f.) Inclosure 2 in No. 16. Report of a Committee of the llonourahle the PnVi/ Council, approved by his E.rcpllency ihe Governor-General in Council, on the \7th March, 1893. ON a Report, dated loth Mareli, 1893, from the Minister of Trade and Comraorce, submitting, M'ith reference to the telegraphic despatch, co})y of which is attached for convenience of reference, of the 3rd March instant ,from the Marquis of Ripon, advising that Her Majesty's Government had received a proposal from the Russian Government for the establishing of a i)rotoctivc zone around the islands and coast of Russia, and asking that Collectors of Customs in Rritish Columbia should warn sealers for the North Pacific accordingly, a copy of a letter received on the 13th ^larch instant from tho Collector of Customs at Victoria, British Columbia, bearing date the 1th March instant, in which ho states (referring to the scaling fleet) th at the vessels all olearod early this season, fifty-one having cleared prior to writing, of which twenty-four cleared for tho North Pacific and Japan, and twenty-seven for the North Pacific, leaving at that time hut two in port. ' [896] D a ■!5^ 18 '1 ho Minister states that the Collector of Customs at Victoria, British Culuinbin, was thereupon further in^trocted by telegraph of the 14th March instant, as i)cr copy here- with, 1<) delirer a copy of the Controller of Customs telegram of the 7th March instant to the l'n*ij ])i-ess, but that copies had nrjt jet been sent vi^ Japan. Tlie Committee. OD the recommendation of the Minister of Trade and Commerce, advised that your Escellency be moved to forward a certified copy of this Minute, together with oopie* of the telegrams and of the letters referred to, nud its accompauying li«t of Ti-ssels, to the Right Honourable the Secretary of State for th'- Colonies, for the information of Her Majesty's Government. All ubic'h i*. n<«peftfullr submitted, for your Kxcellency's approval. (Signed) JOHN J. McGEE, Clfrk of the Privy Council. Downing Streel,lMarch -i, ^*i9'^. Her Majesty'* Goremmt-'nt desire you to acquiiiut Collector of Customs at Uritisli Columbia ports that Her Majesty's Government have received proposal from Ilusiian Government for eslabUsbment of protective zone round islands and coast of Russia, and that be should warn s«^ers clearing for North Pacific to arrange for astrrtuining provisions which mar he agreed to before proceeding to neighbourhood of Russian territon-. (Signed) RIPON. March U, 1893. L«*tterB of 4tb iu»tant re sealers received. l^eliver copy of Controller of Customs' telegram of 7th instant to PresiJent of Sealers' Aesodatkn, to that those interested may understand t he res ponsibility iuvolvcd in any non-^tljeerruice of the warning. ,^^__J (Signod) M. BOWELL. A. B. Milne, Esq., Collector of Customs, Victoria. B.C. Victoria, B.C., March , 1893. Owners given ooyies of Controller's telegram of 7th instant. Copies sent to west coast ; also everv pubiicitT given in press. Has not yet been sent Ti& Japan. (8igne])ies liad 1 th«' jii-ess, hut lud Commerce, »f this Minute, 1 to, nnd its State for th- A number of American schooners have gone from San Francisco to Japan water, and I fear that the large number of vessels there will incite the Japanese to harass their operations for protection of the industry, which I understand is leased by the Japanese Government to Companies. There is no doubt but that all our vessels will observe the modus vivendi this year, and no attempt will be made to enter Behring Sea eastward of the line of demarcation. I have, ast of Russia, )r ase<'rtaining )od of Uussiaii lUPON. ch U, 1893. PresiJeiit of jility involved BOWELL. Skaling Fleet, Sessiok 1893. •,h , 1893. s sent to west )an. MILNE cA i, 1893. les of vessels, left port this een added to the eastern i :: of Vcuel*. Tuna. Crtwi. Maitera. D^< ^ Cleared fur— ClMraace. 1 1 C t* - J 1893 Jill. 11 Tiinmph . . <18 10 28 4 14 C.N. Coi,. North Pacific Ocean. 11 Wiltcr P. Hall 9-: 23 ,, 7 , , i. B. Brown North Pacific Ocean and J.ipan. 13 May Belle.. se 20 , , 5 , , C. J. Harrl. North Pacific Ocean. 16 Otto 86 8 26 3 13 M. Keefe .. Ditto. ^, 16 Pioneer .. ., 66 6 24 3 13 J. McUod Ditto. [[ i; Baatrica .. <« & 24 3 13 V. Macauloy Ditto. J^ 18 Caaco 63 19 , , 5 ,, O. Rurklioll Ditto. ^, 18 Sea Lion (New Diana) 50 19 ., 3 ,1 A.Nelson.. Ditto. •• 19 Bnterpriae , , 69 21 . 7 • • J.W.Todd North Pacific Ocean and Japan. M 20 Geneva 93 26 • • 8 ,, W. (). Uary North Pacific Ocean. n 21 Penelope .. 70 20 ,, 5 • • F.Cole .. Ditto. «• 21 E. B. Marrin 117 27 8 ,, IiMC Gould North Pacific Ocean and Japan. 21 C.H. Tapper 9» 24 , . 7 ,. W.E. Baker Wrecked. tw 21 CarlotUO. Coi 76 23 ,, 7 , , W. Byera .. North Pacific Ocean and Japan. n 21 Agnea McDonald .. 107 25 ,, 7 ,. M. F. Calltr North Pacific Ocean. 21 Oinoko .. 74 6 26 3 l.^ G. Heater . . Nortit Pacific Ocean and Japan. M 21 Ocean Belle 83 26 , , 7 T. O'Leary Ditto. 24 Citj of San Diego .. 46 18 , , 5 M. Pike .. Ditto. ^, 24 Sadie Turpel 36 23 , , 6 ,, C. Lo Blanc Ditto. «• 74 Vi»» 92 23 ,, 6 J. W. Andcraon .. North Pacific Ocean. 25 Vera 60 19 , , 5 ., W. .Shield! Ditto. 99 26 Brenda .. 100 26 ,, 7 , , C.E.Locke Ditto. »• 26 Sapphire , . Umbrin* . . 109 8 3 3 12 William Coi Ditto. 26 9H 34 7 ,, C. Campbell Ditto. M 26 Mermaid .. 73 23 , , 6 • • \v H.Whiteley .. DUto. 1* 26 Maicot .. 40 11 20 8 10 11. K. sieward Ditto. 26 Rorie Olaen 39 5 24 2 12 A. B. Whiddeni Ditto. W*. 2 Arietia . . 86 24 ,, 7 ,, A. Dougksa Ditto. m 6 MaudS Ml 24 • . 7 , , R. E. MeKid Ditto. ** « Annie C.Hoort 113 26 , , 7 , J J.Daley .. Ditto. M « UbWe .. 93 23 ,, 6 ,, F. Hackett Ditto. „ 9 Terraa 63 20 ,, S ,, E. Loreni . . Ditto. M 10 Dora Sieward y4 26 .. 8 ,, R. O. Lavender N:.rth Pacific Ocean and J..pan. M 10 Harr Ellen 6,' 23 .. 6 ,, W. O. Hnghca Ditto. • • 13 Fawn S!* 5 23 3 11 L. Magneaen , , Ditto. „ 13 W. P. Sajwaid 60 7 20 3 10 G. Percy .. North Pacific Oces.:. I. 14 Ventare .. 48 4 16 2 8 G. McDonald North Pacific Ucan auil lapaii. .. 14 Katharine .. 82 6 24 3 12 W. D. McDougal .. Ditto. »» li Annie E. Paint 82 22 ,, 6 , , A. Bieaet .. Ditto. »9 16 Walter A. Parke .. 68 23 , . 6 ,, Theo. Hagncien .. Ditto. M 16 Harjr Taylor . , 46 18 ., 5 .. E. Shields.. Ditto. • • 17 Labrador . . . , 25 H ,, ,, J. J. Whiteley Ditto. „ IS Bomli* .. 37 6 20 3 10 0. Meyer .. Ditto. «• 23 FaTOurite .. ,. 80 7 36 3 13 T. McLean Ditto. *9 17 Victoria .. 6S 6 30 3 10 H.V.Hughes Ditto. • » 27 Minnie .. 46 & 80 3 10 V.Jackob.in Ditto. M». 1 Waller L. Rich 76 24 , , T 8. Baleom.. Ditto. .. t Wanderer.. 25 4 16 1 8 H. Paiton.. .. Ditto. .. 1 Hoaatain Chief 33 1 19 • • • L. F. Gnptel Ditto. „ 3 Ofcar and Htttit .. 81 34 ,, 6 • • W.E. Baker StiU in poH. •• 2 SanJof< .. 31 4 18 3 8 R. Crawell Ditto. Cleared for North Pacific and J*p«i Clewed for North Pidfic Total nnmber of mnli ap lo data 24 37 51 80 • iU My Lord, i> >w ■.<, • .1 -.1 .1. ' t, T < III ••'t «irt/. ^ » ri iraiiT ^ ' It.. • Jin' I jl Ku'u li .1 1 No. 17. Sir R, Morier to the Earl oj Roiebery.—-(Hecr!ved April 22.) vrj r.fV'^m ottj -r, '*nii i.' y/ «Ii,*-"v, St. Petertburgh, April 18, 1893. I ITAVE this moment received, only a tcvr liours before my departure for tho (yriinoa, the note on tho subject of tho seal flshtTies, of wliich T liavc tho honour to iiiolo8<5 a copy herewith, in reply to my note of tlio S)th (2l8t) March, transmitting a (•oi\v of your liordship's despatch of the 17tli of tlio same montli. As far as a very cursory examination of tlie note allows me to judpe, it seems to mo fairly satisfactory, with the exception of the para^mph stilting the imi)OS8ibility of the Imperial Government to accept the condition of havini; to deliver up their captures to our eruizers or to the nearest British authority. The grounds on which they refuse to do this, however, being of a practical nature, and Imseil on the physiciU impossibility, with their very limited numlxu- of eruizers, to give uj> watching for poachers in order to hunt for British eruizers or to undertake a voyage of 3,0(K) miles to get within reach of a British authority, are not easy to refute. But it seems to me that the difllculty may be turned, and I have therefore, in a private letter which I have addressed to M. Chichkine, in order at once io guard against tho supposition that we should hand over our crews to Russian jurisdiction, pointed out (« him that then* might be pmetieal ways of turning tho dirticulty, such, for instance, as our stationing a cruizer at Totropavlovsk or Vladivofitock to take charge of the captures. I hp.vc the honour to transmit herewith a copy of this letter. , , I have, &c. : (Signed) H. B. I). MOUIER. Inclo.sure 1 in No. 17. M. Chichkitifi to Sir R. Mnvior. M. I'Anibassadcur, Le (18) Atril, 1803. EN rt'poiiso ii ma note du 12 (2t) lYivrier, votre Exeelhuicc; a bien voulu me fairo parvenir copie dc la dep^cho do Lord KoscImtv imi ilate du 17 Mars, par laquclle 1(> Gouvernement Britanniqu(> propose d'»'tablir itnnuHliatement un modus vivrndi sur les bases suivantes : — 1. Le GouvcrncuuMit Britanniquc interdiniit a ses sujots la ehasse aux otaries dans les zones dr .'{() et do 10 milles. et offrirait la eooprration dc scs croiscurs pour rcxecution dc cette mesure. Le Gouvernement Imperial s'cngagcrait i> livrer aux croisours Auglnis, on \la plus prochc nutoritc Britanniquc les navires Anglais eaptun's en dehors dcs caux ♦crritoriales dans les /ones susmenti(mn(!'v s, tandis que les croisours Anglais, par rccipi-ocitc, livreraiciit les navii-cs Busses eaplun^s dans les mf'mes eouditions. 2. IjC (iouveiiH-uient Im|)erial liraiterait a un chifTrc a ddlcrminer Ic nombre dcs olarics »iui scraicnt lues sur Ics lies. 3. Li" (Jouvcrnemcnt lnii)erial autoriserait un Agent du Gouvernement Britan- niquc a sc rendrc sur les iles, afiu de conft^rer avec les auforites locales sur Ic I'ouctionnement et le rcsultat de rarmngemenl. '!•. 11 I'csterait entendu que e(?t arrangement n'affectcrait en rien les facilitcs aceordeea justiu'iei dans les ports Busses aux navires Anglais pour refuge, reparation, ou approvisionnement. 6. L'arrangement u'aurait pas de force retroactive, plus particulif>remcnt en cc qui conccrne les navires Anglais eaj)ture8 I'annec dcrnif^re. .Tc nc saurais entrcr en matit^re, M. rAnd)as8adour, sans avoir au prealablc attird votre attention sur cc fait, que ma note du 12 (24) I'dvrier avait pour but dc prevenir le Gouvernement Britanniquc de certaincs mcsurcs de defense legitimes imposces pro- visoirciuciit ])ar dcs eireonstances exccptionnelles, et non pas dc poser les oases u'un modus Vivendi proprement dit, c'est-ii-dirc, d'une transaction bilatdrale, susceptible d'etre prolougce juscju'au n^'glemcnt definitif de la question. II s'agissait simplement d'un minimum de mesures protcctrices destinies j\ prevenir la disparition de I'objet du litigc avant memo I'ouverturo dcs negociations a son sujet. Vn la proximitd de la saison de la chassc, di^jh, ouvertc en cc moment, lo Grouvorne- ment In)p<*rial cstimait a la date dc ma note que le temps materiel ferait d«»faut pour ^ 1 ) r,|i» (cii pril 18, 1803. 3parture for thn tho lionour to trnnsmitting n I^Oi it seems U> impossibility of p their enpturos •racticnl nature, • of criiizers, to to umlcrtiike .-i t easy to refute, ire, in a private lard against tho , pointcMl out k) For instanee, as ehartfc of the •. MOUIER. Avril, 1803. vouhi me fairo par laquclle le .' riirndi sur les ux otaries dans uroiseurs pour i ^ livitu' aux iifjlais eaj)turi's le les croisours ns les menies li; nombre ties lemeut Britan- locales sur Ic fi les facilitcs ije, r6paration, ^rcmcnt en cc >rualablc attird ut dc prevenir imposees pro- les oases d'un eeptiblc d'dtre 6cs h prevenir ;iations a son ;, le Grouvorne* it defaut pour I 1^ d6battre ct pour iHablir uu mudua uivendi ((ui tuuuhurait iiijcessairomeut, noQ pas seule* mont h des questions d'inldrt't, mais cne((ro u des questions de principe. S'il s'etait a^i dc poser les bases d'un tel viodus vivendi, lu Gouvernemont Imperial n'eftt i)a8 nmn(iu6 do fairo vaioir qu'une restriction des droits torritoriaujc, c'ost-iVdiro, ren<,'a!,'ement do limiter le nombre des otaries h tuer sur terre, devrait (Mj^uitablemcnt avoFr pour corollaire la suspension eomphMe de la cbasso pelaf^icjue (-n pleme mer. II aurait surtout eru indispensable de fairo ses reserves pour ec qui (•(UHrcrm.' 1(! rf>^lement ddftnitif de la question des otaries, alln de garder son entii'^n) liberte d'app«'!ciation quant aux mcsures ii eonvenir dans l(j but de hi conservation de la race des otaries, soit par la prohibition ou la regleraentation do la cbasso en pleine mer, soit par I'extension des droits speoiaux de protection de eette race au deli\ des diverses distances eonununi!- mcnt designees eomme limites des eaux territttriales. Cependant, ecs observations faites, je suis autorise, M. I'Ambassadour, u informer votrc Excellence que le Gouvernemont Imperial, ctant d6sircux de vonir au devant do totito proposition eonciliante du Gouvernement Britannique, est pret ii aceueillir cello qui a 6t6 faite dans la depfiche de Lord llosebery, sauf quelques modilieations au. premier point. Ainsi lo Gouvernement Imperial serait disposii a limiter pour I'annoo eounintc lo nombre des otaries i\ tucr sur les ilcs au chifTro muvimum de 30,000, reduisant ainsi do 20,000 le ehiffre moyen do 50,00() prevu dans son contrat avce la Compagnie d'exploi- tatioM. II ii'objecterait pas j\ ce qu'uu Agent du Gouvernement Britanni«iuo so rendit sur les 'lies alin de s'aboueher avec les autoritds locales et recueillir d'elles des renseigno- meuts sur le fonctionnement et les rc'ssultats de I'arrangement. liO lieu et I'epoquo de cette visite dcvraient, comme do r,\ison, fitre fixes ulterieurement. II n'y aurait, bien entendu, aucune modilieation quant aux fauilites dont les navires Anglais jouisscnt dans les ports Russes pour refuraux du droit des gens. Enl'in, pour ee qui concerne h? premier point de la proposition couteau daus la deiM'che d(! Lord Rosebery, lo Gouvernement Imperial est d'avis ([u'il ne serait gu«^re possible d'appliquer int^gralcment, du moins dans les conditions donnees pour la .saison de ehasse aetuelle, notamment quant a Teugagement de livrer aux croisours Anglais ou u la plus proehe autorite Britannique les navires Anglais pris en coutrav(Mition en dehors des eaux lerritoriales dans les zones prohibees do ;{() et de 10 milles. 11 se potirrait ([Ue par la suite Von trouviit d'un eonuimit accord uioyen (ini. Vcuillcz, &c. (Sigm^) ClUCIIKIXE. (Translation.) M. rAinlKissadciir, April (18). 1803. IN reply to iii,v noto of tlic 12th (2itii) February, your Excellency was aood enough to send \w a copy of liord llosehery's despatch of the 17tli March, in whicli the Uritisli (lovernment ])r'.)poses to establish at once a modus tirendi on tho followinj^ bases :-- 1. The British Govorninent Avould forbid their subjects to fish for seals Mithiu zones of .'Ut and 10 miles, and would ofTer the co-operation of their cruizers to carry out that njeasure. The Imperial Government would ensfagc to hand over to the English cruizers or to fiie nearest Uritish authority the Eni^lish vessels seized outside territorial waters in the above-mentioned zones, whilst the Englisli cruizers would, in reciprocity, hand over the Itussian vessels seized under the same circumstances. 2. The Imperial Government would limit to u specified number the amoimt of seals to be killed on the islands. 3. The Imperial Government would authorize an Agent of the British Government to proceed to the islands in order to confer with the local authorities as to the working and result of the arrangement. 1. ft would be understood that this arrangement should in no way att'cct the facilities hitherto alTorded in Russian ports to English vessels for refuge, repairs, or supplies. .'1. The arrangement would not have any retrospective effect, more especially as regards the English vessels seized last year. I cannot discuss the subject, M. I'Ambassadeur, without calling your attention in the first instance to this fact, viz., that the object of my note of the 12th (21th) of February was to warn the Ih-itish Government of certain legitimate measures of defence necessitated for tb(> moment by exceptional circumstances, and not to lay down the bases of a regulai" moilus vivendi, that is to say, of a bi-latcral arrangement, which uiiL'ht be prohmged until the ijue?tion was definitively settled. The only idea was to provide a minimum of protective measures, intended to prevent the disappearance of the su1)ject of the dispute, even before the negotiations with regard to it were commenced. In view of the near approach of the fishing season, which has now already begun, the Imperial Government considered at the date of my note that there would not be suflicient time to discuss and to establish a modus vivendi, which would necessarily afl'ect not only questions of interest, but also questions of principle. If it hv'\ been intended to lay down bases of a modus vivendi of this kind, the Imperial Government would not have failed to claim that a restriction of territorial rights, that is to say, the engagement to limit the number of seals to be killed on land, should in equity carry with it the corollary of a complete suspension of pelagic sealing in the open sea. They would have es])ecially regarded it as indispensable to make their reservations as regards the definitive settlement of the seal question, in order to retain their entire freedom of view as to the measures to be agreed upon for the prcs'Crvation of the seal species, whether by the prohibition or regulation of scaling in the open sea, or by the extension of special rights of protection of that species beyond the various distances commonly designated as the limits of territorial waters. Yet, after making these observations, I am autliorized, M. I'Ambassadeur, to inform your Excellency that the Imperial Government, being anxious to meet half-way any conciliatory offer on the jiart of the British Government, are ready to accept the proposal made in Lord Rosebery's despatch, with the exception of some modifications on the first point. Thus, the Imperial Government would be disposed to limit for the current year the number of seals to be killed on the islands to a maximum of 30,000, reducing thus by 20,000 the average of 50,000 provided for in their contract with the Sealing Company. They would not object to an Agent of the British Qovemment coming to tbo i II ni li' fcrmc insiilt''r(T toutc 'cart(M', ct I'ou modus vicendi ICIIKINE, 1 (18). 18J)3. ncy was Kood arch, ill whidi I tlio followini» r seals Avithin 'ir cruizcrs to ind over to tho seized outsid<> izors would, ill stances, the amount of ill Government to the working way affect the iigp, repairs, or B especially as ur attention in 12th (-ilth) of c measures of ot to lay down gemcnt, which s, intended to le negotiations il ready begun, would not h(! lid neeessarily this kind, the of territorial killed on land, wlagic sealing sable to make on, in order to upon for the 1 of scaling in pecies beyond iters. ibassadeur, to meet half-way to accept the modifications I current year reducing thus tho Sealing coming to tho i islands in order to discuss matters with the local authorities, and to obtain information from them as to tho working and results of the arrangement. Tho place and the time of his visit should of course be fixed hereafter. There would certainly bo no modification as regards tho facilities which English ▼essels enjoy in Russian ports for refuge, repairs, or supjilies. The arrangement agreed upon would have no retrospective force, because the different cases of seizures ciTectcd last year have been already examined by a special Commission on the basis of the general principles of intematiocal law. Finally, in regard to tho first point of the proposal contained in Lord Rosebcry's despatch, the Imperial Government arc of opinion that it would be quite impossible to apply it as it stands, at any rate under tho circumstances existing for the present fishing season, especially as to the engagement to hand over to the English cruizcrs or to the nearest British authority the English vessels caught trespassing outside territorial waters within tho forbidden zones of 30 and 10 miles. It may bo that means may hereafter be found by common consent to remedy the practical difficulties in the way of such an undertaking ; but for the moment, there is no doubt that it would completely paralyze the action of llio cruizcrs of tho Imperial navy, and render illusory tlio supervision which they should exercise along tho coast and round tho islands. In practice, any Russian cruizer which had captured an English vessel would have to choose between the alternatives of searching for an English cruizer, which might take a long time, considering the extent of tho const, or else of undertaking a voyage of 3,000 miles to conduct the captured vessel to the nearest port, that of Victoria in Columbia. Tho Russian cruizcrs would thus bo exclusively occupied in looking for tho English cruizcrs, or in making voyages to Port Victoria and back throughout tho fishing season ; and tho " co-operation " of the cruizcrs of the two nations could, there- fore, only be a nominal one. Under these circumstances, and without insisting for tho moment on another essential point — that of the absolute absence of reciprocity in tho British proposal, as there are not, nor can there be, any vessels under the Russian Hag engaged in sealing— the Imperial Government consider that for the current year it would be more simple and practical to submit tho new prohibited zones, as is the case as regards territorial waters, to the exclusive supervision of the eruizers of the Imperial navy, who would continue to conduct to Pctropaulovsk all vessels caught trespassing until tho conclusion of an \Utcrior agreement. By accepting four points out of fivo in the English proposal, and by only objecting to the complete and immediate', application of one of the five points, the Imperial Government give evidence of their sincere wish to see the pending negotiations result in an understanding sufficient to prevent their partial objection, based upon purely geographical considerations, from being interpreted as a sign of mistrust. If the British Government on their side should accept, as I firmly hope, the whole of the modus agendi explained above, it might he considered that provision had been made against all possible complications for the current sealing season, and, on the other hand, the necessary time would have been gained for the negotiation of a more definite modut vivendi. Accept, &c. (Signed) CHICHKINE. Inclosure 2 in No. 17. Sir JR. Morier to M. Chichkine. Chfere Excellence, St. Petersburg^ April 6, 1893. I HAVE just received your note on tho subject of the seals, and have only a few moments before my departure within which to give you my first impressions. I perfectly understand tho practical difficulties in the way of the Russian eruizers delivering their captures to the British cruizcrs or at a British port. On the other hand, I think I may state confidently that Her Majesty's Government would not consider themselves justified in handing over British subjects and property cajitured outside of bond fide territorial waters to the jurisdiction of any Government but their own. But there ought to be some way of turning the difficulty, such, for instance, ua a British cruizer being stationed at Pctropavlovsk or Vladivostock. I have, &c. (Signed) R. B. D. MORIER. [895] B • • No. 18. The Eurl of Mo»eb«ry to Mr. Uoumrd. Sir, ¥orei(jn Officf, May 3, 1893. IIKII ^fiijesty's (.Joverninonf. Iiavo had imUor thoii* oarcfiil (Htnsidomtion the note from M. Clu(!hkinc, forwnnltxi in Hir U. ^[oi'icr'H d«?«i»iitc'h of tlio 18th ultinm, relative to tlic propoRcd nrraiiiifcmont lor the |)ro<«ction of iiutsian Healing interostM in the North Paeiflo Ocenii duiinK tlio prcficnt year. Tiu'y note witii BntisCactioii timt their pniiKMMilK for tl»iii purpose nv<< accepted 1»t the Uussian (ioveriiment with one exeo])lioii, and tliey trust that the ditlU'uUy in rognitt to thiH Kin^li^ point wil' he removed hy tlie HUgi^estion which linn siniM l)ocn made, tliat any Jiritish vessels which may ho Keieed hy Rus.siuii erniziTM on th(> eiinrire of contravenini» the Agreement shuU ho (leliver<>d at Yokohama for adjudication hy the 13ritiiih Consular Court there, In the hope that this matter will have heen satisfactorily 8ottleort them hy telegraph. You will impi-ess upon the Uussian Qovenuncnt that a speetly eonolusion is of capital imi)ortanee, in order that the necessary legislation may Im? i' once obtained from Parliament, and public notice given to all concernetl. I'or this reason, I defer for the present any discussion on the claim which appears to be advanced in M. Ciiichkine's note, of a right on the {wrt of Russia to take of her own motion, and without previous agreement with other I'owers concernetl, the measures contemplated in the arrangement now under negotiation. It will ho necessary, however, that in presenting the draft Agreement, you should intimate clearly that Her Majesty's (Jovcrnment cannot admit such a claim, r\nd that they must reserve to themselves full freedom to objoot to any interference with RritiNli vessels outaido Russian territorial waters, aocoraing to the usual acceptation of the ii-riu, M'bioU is not based ou an express Agreement between the two G ^ ernments. I am, (fcc. (Signed) loSEBERY. t. Inclosure in No. 18. Dr(\ft Agreement between Great Brilam and Rustia relative to the Seal Finheries, '^VITI1 the view to avoid diflicuUics in regard to the seal lisherics, and to aid in the ])re6crvation of the seal species, the Government of Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, and the Govern- ment of His Majesty the Emperor of All the Russias, have concluded the following Agreement: — I. During the year ending the I51st December, 1833, Her Uritannic Majesty's Government will prohibit Rntish subjects from killing or hunting seals within the following limits : — (».) Within a zone of 10 marine miles following the sinuosities of the Russian coasts which bonier ou Rehriug 8oa and any other part of the North Ttusitic Ocean. (b.) Within a zone of 80 marine miles round the Komaudoraky Islands, and round Tulenew (Robben Island). Her Britannic Majesty's Government engage to co-operate, with British cruixers, in preventing British subjects from killing or hunting seals within the aforesaid limits. 95 May 3, 1893. imtion tli« note ) 18th ultimo, ealing intorostH wt'i ncoepted l»y itnilty in regnitl iiHi l)oen inftdo, I tilt' eliari»o of dicntion by the led Iteforo this cmlMxlying thf» at ono« with ay bo similarly Agreement, you onclusion i*i of oiife obtained I which appcors I to take of her concernwl, the I. ft will 1)0 hould intimate r\nd that they e with British optation (»f the ernmonts. oSSBERY. Fisheries, , and to aid iu Queen of the the Govora- .4 .■i d HI. Ib'itUli vcsHolt I'lt^t^od i» killlnn or hunlinu; heaU within the nfoiTHairt lim!t« may be Kcizfil citliiT by liritiHh or lUisHiHn eruizerii ; but, if wized by the Intlcr, tboy sbftll forthwith be liaudcd over at Yukoliama, or at any port in the Briti.sh po««i'«- sionM, 01- to the Couimaiulor of any British ship of war, for trial hy the Brititth authorities. IV. The Imperial KusHian Government enj^ago to limit to 3(),000 tho nmnber of seals whi(!h mny l)u killed during; tlio whole of the year 1HU3 upon or around the said Islands of Komandorsky aiul Tulenow (IloblMin Island). V. It is agreed that a British Agent may, when so desired by Ilor Britaunid ^fnjesty's Government, ^isit the said islands to confer there with tho authorities, aud to inquire into tho Mocking and results of the present Agreement. VI. Tlie present Agreement will in nowise alTect the facilities hitherto accorded in Russian ports to British vessels as regards refuge, repairs, obtaining supplies, or other matters for which they may properly require access. VII. It is imdcrstood that tho present Agreement relates solely to the year 1893. It has eousequently no rotrouetive forwj or elfect — more especially as regards tlio Britisii vessels (»pturcd previously by llussian cruisers. In witness whei-eof, the Undersigned, duly authorized to that elVoct, have signet' this Agreement, and aflixed thereto the seal of their arms. Done at, &c. No. ly. Mr. Howord to the Karl of Rosp'uery. — {Received Mni/ lf»., My Lord, Ht. Petcrsbunjh, May 12, 1S03. I HA^T; the honour to transmit herewith a eoi)y of the note M'liich, in obedience to your Lordship's instructions, I have addressed to the llussian Governmeat in reply to the communication fwm M. Chiohkine to Her Majesty's Ambassador of the fith (I8th) April last, relative to tho proposed arrangements for the protection of Russian sealing interests in tho North I'acilic Ocean during tho present year. I have, Ac. (8igncbas8ador, but that it mu!»t bo umlerstood that they cannot adnut any claim on the part of Russia to take measures of the nature contemplated ?',i the arransjements of hor own motion, and without previous aj»rcemcnt with other I'owei-s conirerned, and that Her Atajesty's Government must reserve to tlu'inselvcs full freedom to object to any interference with British vessels outside Russian territorial waters according to the usual acceptation of the teria which is not based on an cx{»res8 agreement between th(» two GoTcrnmeuts. I avail, &c. (Signed) HENRY HOWARD. mi ie« to J RJ 'Cro| AnI No. 20. Mr. Howard to the Earl of Rosebrry. — (Ui'ceived 3/rt(/ 20.) My I/>rtl, Si. Pelersburtjh, May 23, 1893. I HAVE tho honour to transmit herewith t. copy of" the reply of the Russian Government to the note which, in (ilMMlicncc to yo\ir Jxu'dsbip's instructions, I addr(».«ied to them "^n the 12tb instant on the subject of the proposed Arrangement for the protection of Russian sealing inter<>sts in the North Paeitic during tho pi*08cnt year. I have, &c. (Signed) HENRY HOWARD. IrclosUTc in No. 20. M. C'hichkine to Mr. Howard, M le Clmrg/! d' Affaires, .S7. PfUnbouKj, le 10 (22) Mai, 180:J. EN roponse ii votrc communication en date du 30 Avril (12 Mai) j'ai I'honncur do vous itifonner tjue lo (iouvernement Im|Mfnnl, tout on ac^eptant le projet d' Arrange- ment annexe ii cettc conununieation, pit'tlfre lui donncr lo caractt'-re dYn 6change dc notes j)our h.'s raisons sviivant'is : — I'aix'o que la redaction ti-op concise du projet susmentionnu laissemit la iK»rto ou>ert« *i curtains malenlendus, ct pcut-etits menie i\ des cumplimtions qu'il serait desirnblo d'eviter ; Tarce que Ic Gonverncment Impt'rial ; ■ saurait adherer au projet en (|UCstion Bitns (luelques ri^scrves de.Jinees u sauve^'ani. r sa lilKMte d'approciatinn dans I'avenir. n est bien entemlu qi>e I'ententx' i\ titp.hlir entn^ no.s tleux Oouvernements laissorait intacts tons h's dniits de I,i Itiissie dans hs eaux territorialcs. Quant j\ noH n'-serves, elles jjortorii "(ii isir hw points ci-dossoun. 1. En consontant i\ livrer a»\ uutorilcs ifritannitjiies les navires Anglais nui s'occupeni dc la chasm' dca uUu-ics ibns les zones |!r^diibee.s, noi s nc voulons nulie- ment ^m'^jugor, en o"*n(' ':\1, la question des dn>it8 tl'uno l'uiswin«'e riveniine d'l^ttindm Brt juruliction territori;i dans certains cas spi^ciaux au deli do ses oaux territ«>riulofl proprcmont ditcf. 2. .1x1 Gouvernemont Imperial ent<*nd garder son entiire liherte quant au clioix, dons ravonir, entre les deux systemes do protection des otaries, soit an moyen d'uno Rono pndilbi^f, soit an moyen d'une dcf«'nse complete d(« l:i eliasse ]H)l between tho OWARJJ. I 23. 1893. tho ]lu8!iiau •tractions, I ngomcnt for the present OWAUD. fni, 1803. lonneur do d'Arrnngo- iScliango dc it la jwrto u'il 8crait Ml (|ucstion Tavenir. s laisscrait nglaiH (lui ons nullo- dctondre •rritoriulcs au choijr, yini d'uno ijuv! ou do it n'aum.'l 1 m Cos reserves faitcs, nous adiierons a la itroposition firitanniquo daus los termes ivauts : — 1. Pendant Tannuo pronant tin lo 31 Deccmbrc, 1SU3, ie Ciouvernement Anglaii [^fcudra ii ses aujcts la ciias.sc aux otari(>K dans uno zone de 10 nillos maritime«i sur loutes los c6tea Ilusses de la Mcr du Behring ct de rOe6an Pacifiqu') du Nord ; ainsi UR dans unc zone dc 30 milles maritimcs autour dcs lies Komandc ki et TuUniow Ilobbin Island). 2. LcM navircs Anglais qui so livront a la cliasso des otarios dans lea zones bus* entionnecs en dehors des ejiux tcrritoriales dc la llussie, peuvcnt 6tro arr^ti^ par les roiseurs Ilusscs pour Hm rcniis aux croiscurs Anglais, ou bieu au» mtorit^ Britan- niqucs ics plus proches. Tax cas d'cmp^'chomcnt ou de difRcult6, le Commandant du vj^roiseur Russc jHiut »o Iwruor h saisir los papicrs do bord des navircs susmentionnris, pifln de les renietitr a un croiseur Britanniquc, ou de les expddier aux autoritt^s viAnglaises los plus voisines, a la premi<'^re pos8ibilit<'^ S 3. Ijo Qouverncnient Britanniquc s'engago ii fairc juger par los Tribunaux Onlinaires ct olTrant toutes les garantics necessaires los navires Anglais qui seraiont Iirr6tes conimc s'etant oeeupes de la chnsso defcnduc dans les zones nrohib. Un Agent du Gouvenicment Britanniquc pourra 6tre admis sur les Ilea Jusmentionnecs (Komaudorski et Tulinicw) aiin do recueillir aupr^s des autoritt^ ocales toutes les inforinutions necessaires sur lu fonctiouncmont ct les r^uitats de I'ententc convcnue, niais en aynnt soin d'informcr prealablemcnt ces autorit^ du lieu |t do I'oiraque dc sa visito, qui uc saurait d'aillcurs se prolonger au del& de quelques twmaines. 0. L'arrangemeiit actuci n'aura pas dc force rcti-ospective quant h la saisio (Sos navires Anglais anrtes anterieurenient jmr los croiscurs do la marine Impdriale. Cos points ^tant bas^s sur les jiotes precedemmont «>chang(k;8 cntre nos deux Gouverucinents ainsi ipic sur lo tcxte des dernieres propositions Anglaiscs, nous •sperouh, M. lo ('hargi! d'Alfaircs, que le (louverncment de Sa Majesty Britanniquc iugera descrmais lontcntc cntre nous eonime enti^rcraont dtablic quant au regime me la pfichc aux otarios pour le courant dc rann<5«( prt'«ento. Vouillez, &c. (Sign^) CUICHKINE. (Translation.) M le Charge d'Aifain-s, St. Petersburyh, May 10 (22), 1893. IN reply to your eouimuuication of the .30th April (12th May), I have the honour to inform you that tho Imperial Government, while accepting tho draft arrangomont annexed to that eominunicntion, prefer to give it the character of an exchange of notes, for the following reasons : — Bceause the too concise wording of the alK>vc-mcntioneropn the two .systems of protecting seals, either by tho -ethixl of a i)rohibit4Hl zone, or by the niothoii of entirely |>rohibiting pokgic sealing, regulating it in tht^ open sea. 3. Tho present arrangement cannot in any manner be considered as a precedent, il will bo looked uiwn by us as of an essentially provisional nature, intended to meet iM'scnt cireuinHlttnc(*8. With these reservations, wo accept tho British propoial in tho following teniM :— "^^r 1. During the yc«r omliug ilie3lBt DiKJotubor, 181)3, the Kiiglwli Oovomnionf will Sirohibit tlioir mibjwts I'l-din biintiii;; K»'als within a zcm«' of 10 iniiriiic iiincji on nil the luMiau coasts of Bchrin^ Sen aud t\w Nortli I'acitlc Ociiin ; ns well n« within a xmc of no marine milm roun1h tMign^od in liiintin{i; mmU witbiii the nt'oirsnid mniit Wjoml Kuwian territorial wiit^rs may be soixod by Hiusian oruizcrs, to bo bnn-lnd ovor to Knjiflish cruizers or to the lu'mrst llritisti iviithoritics. In case ol' im|)cr of tbo UusMiaii cruisor may condnc hinuRlf t^) soixiiig I lie papers of the nfon'-mrntiontsd veswls, in onlor to dolivTr tlunn to a Hrifish orniwr, or to transmit them to tli<> nenr«s, on tlio Ibrst opportunity. .i. Her Mujt'sty'H (Jovcrnnn'nt eni^agr to brinj? to trial Iwforo tlio oifiiniirv 'iVibunalH, otlVringall ncci'ssiiry guaruntoos, tho Knglish vnssols which may Im* Neii!(!il ;is having" bvun cn<^»^«d in smlini; within tin* probibitod zones bryond Russian tr of seals wliich ni.i; be killed during the year IHOS on the cnasta of the iKlands of Komnndorskv niul Tuldn««r (Rohben Island). 6. An A^ont of the liritish (iovm-nineut inny visit tho aforc-montioncd islands (Konmndonky and 'I'ulenotv) in order to obtain from tho local antboritier^ nil ncoesain v information on the working and results of the aio^eement arrived nt, but caro should Ik) taken to }»ive itrcvi(ms information to those auliiDritifs of the jdan* and time of his Tisit, vbieh should not be prolonged beyond a ftm w(>tiks. 6. The present arrangouiont has no retroactive force as reprirds the Hritisb veswls captured previously by thu cruizerH of the Impurial Marine. Those terms being based uptm the notes previously oxchangr lo Cbare6 d'Aflaires, that Her Jiritannic Afajcsty's Government will consider tin' anderstaiiding^ lietwoen us to be entirely established from this time forward as regards the regulation of seal flshories during tlio present year. Accept, Sec. (Signed) CHICUKINE. (T. :diatu steiui to procure lii' legislation necessary for carrying it into execution. AVith ix'gai'd to tho reservations made in M. Chichkiuu's note, you will state tli;i' Her ^[ajesty's (iovurument havo taken note of them, but do not at present ]iropost; i<> discuss them ; that, on the other luiud, they must adhere U) the reservation |)ivvil\ moilc by tliem, and contained in your note of the 12th of this month, aud that it i^ uudcrstuod that the ri§^bta ami ])i).sitioD of either Power uii; in no way all'ected by tia eoaolusion of this provisioDal arruugcnuuit. You should inform tho Russian (Jovcromuut, at the samu time, tliat wu propose tu la/ the cori-ospoudottoo at ouco bcluru i'axli»ucut. 6 Oovi'mimnif will tnil«n(f» Iwyond lmn''p(l over to iinpedimonf or )l( to Roixiii^ llir Jrifish cniiwr, or tunity. ro the nitliiiiirv nifty Iw seiKMl iis UHsinn tomtorinl swla which in.i; jinnndorsky niul lontioncd isinmlM tios nil nc8!i I) hut raro BhoiiM and time of his o KritiHli vessels ehvpon our fwn >osnlH, wfi lio)M', rt ill «>()nsidor tln' wnrd ns ivpuils 29 No. 22. Sir li. Morirr to Ihf Karl of Jlonehery. — (Received May .30, d'iH P.M.) rdcgraphic.) Ht. Pelergburgh, May ^0, imS, QM T.V. I N pursuance of your Tjonlshiii's iuHtruct ioiiH ns (ronvcycd in your t/clogram of ^estcrdtvy, 1 havo tliiH day addroHS(>d a note to (liu JlusHian Oovornmcnt in thn jllowinj? terms: — "Your Kxeellency's note of the lOfli (22nd) iuHtant on the suhjcct of the Hcal S»heri(»s in the North I'acilie was forwarded without delay to Her Majesty's Principal peerelary of State, and I am now instructed hy Her Majesty's Government to state that hey .-leeept, as a pi-ovisional tiii^reemont apply int; to the; pnjsont year only, the arrange- leut for the prot<'ction of the Russian sealing int(>rests as dotined in that note. Thoy nil forthwith invite Tarliamont to (Miact the l(!gislation whioli is necessary to carry th<^ Agreement, so fai' as it hinds Qraat Britain, into elfcet. " With reference; to the general reservations contained in your Excolloncy's not*', Ivv AfajoBty's (Jovernment, while taking note of tlnsm, have instrtictcd me to ahstain from diiici|)l,v, aa a tcniporon I io procun* lli will statt* tlin! sent ]iropoM«; In .tiuu pr«>viou^lv , and that it i^ alTectiid hy tlic L wo pwpojtc lu f ,1 ] J.2JHL •1 r 1 A. 1 ? •^ r >>, 3> r ^ 1 i 1 "^ !? ^ 00 P i- f S 2. " o Is SI 3. 9 Eli I m s 3 « a M o ve m o 1.1 1 rr it A «c sr 3 RUSSIA. No. 2 (1893). COIIRESPONDENCE I .> •r ' '- ( RBBFKOTINO THE SEIZURES OP BRITISH SEALING VESSELS BY RUSSIAN ORUIZERS IN THE NORTH PACIFIC OCEAN. ■Pretented to both Houses of Parliament by Command of Her Majesty. June 1898. Wx<8 LONDON : PIUNTBl) FOR HER MAJESTY'S STATIONERY OFFICE UT HARRinON AMD IONS, 8T. MARTIN'H LANB, taiimMi iM oaaiiiABT to ■■• HAiBirr. Aad to be parchdad, tilhar dlrKtljr ot lhrou|h mj BookieUir, Itroal KVEB AH* ■POTTIBWOODE, Eait Habdino Stbiit, Pliit Sraitr, B.C., uia it, AauiaDOit ariiir, WiimiiiiraB, 8.W.| ob JOHN MMtZIBS * C«.. U, Uamovib Bnmwr, EBiicasaoH, a» N, Wbbt Nilb SimBBr, OuAMowt e« HOPOU, riOOIS, * (to, UmM, 104, OaArroK Sruar Dsbuh. .1 Ti .4] TABLE OF CONTENTS. No. tCmme. Dtte. SUBJBCT. I'a^. 1 AdnirallT „ .. Sept. 1, 181)2 Sciiurc of " Ariel," " \V. Mc(ii)wnn," and " Itotir OUcii." Trifijrnm from Admiral reporting 1 3 T«C«kMlOS(r 2. SiiKKMli ti>lrf(raphiii|r to Cnnadt for infaniiiljoii 1 3 ColooialOat* .. a, I'nrtiruUrs lelcgrapliiMl fur from Ciiiidi . 1 4 •• m »• •• 13. Further telognm from Cunida. Snggrils that inquiry kliould be made wlietlier rrcwi kre in priiion, and, if to, that their release thould hr anked for .• 5 *fl • •* •• H> Further leleKramii. SugKeilK that Huifian Guvrm- moiit should lie a>ked tu send iiistrurtiunt to prevent further aci/.ures .1 G ToMr.HM«t4 .. (T»lrfTaphic) 15, To request Kuriiun (iovernment to rchatc rrrvt ond olTer eoin|HtJ. Article from " New York Times" 7 14 ToSirK. M«»r.. 26, "L«'nnder" will bo fent to IVlrapiilovsk. To (TcWraphic) inform linssian (iovernment .. .. i 15 Mr. HoiraH 17, Interview with Count Kapnixt, who promised imme- diate inquiry . . s 16 SirR.Msri(r 23, Interview with M. Chichkine, who promised a Mrlrt inquiry, and Rave an nssuranci! that allejrcd ill- treatment of rrews sliould not be re|>eatcd 'J 17 W •! •• •• 27, Has inforincd M. Chuhkine of pioposed visit of "I.eanJer" to I'etiopsvlovsk 13 18 (T«4rfrapbitf) Oct. 3, Crews of seized vessels sent to Nagasaki .. I] 19 n •• •• • • S»pf 27, Sciiurc of '■ Cape Horn rineon."' American Minister has made no representation .. 13 20 i f* # •• •• Oct. 1, Visit of Her Majesty's ship " Lcander" to I'elro- pavlovsk. Telegraphic orders sent for her reception U 31 ToKr B M«hrr.. 3, Approves Mr. Howard's langnflf;e to Count Kapuist (see No. 15) i: 38 ft •• •• •• 5, Approves his language to M. Chichkine (see No. 16).. ij 33 ft m •• •• 10, Approves bin note to M. Chichkine as to visit of •' Leandcr" to IVtropavlovsk (see No. 17) ij Si AdmitaJiv .. 10. Teleiiram from Her Majesty's sliip " I.e.inder," re mrting seizure of six Hritish and one Ameiican sc looiier . .. .. , . ,. 13 35 Colooul OCw .. 13, Despatch from Canada containing affidavits in cases of " Willie McGowaa,' •' Ariel," and " Kosie Olseu." Complaints of ill-treatment fully borne out. Claim for compensation should be pressed ti 28 AdmirmhT .. .. 17, Telegram from Her Majesty's ship "Lcander." Two last crews arrived at Nagasaki . . 47 s; To i»r H M«ntT .. 18, Protests and de|>osilions from " Ariel," " Willie McQowan," and ''Kosie Olten." Trausniits Incloanrcs in No. 25, for presentation to Russian Government, «ith instructions i" 98 Sir It. Montr .. .. I«, Note from M. Chichkine, stating that ere«a were kindly treated. Has asked fur information as to loralities of seiiures <5 VJ AdmiraltT .. .. 19. Telegram from Her Majesty's ship '■ 1.4'ander.'' Remaining crew arrived at Yokohama and lefl for . t , ■ Vaneourer .. .. il [6041 TABLE or C0MTIKT8. iU M*. I'SK. ," and " |{o«ir rrpurtiiii; iiiforinatioii 1 1 ■(1« . 1 Siigurilt thai rrc'«» »rc in 'asp tliould br 2 iiifian GuTrrn- iiMrurliunt to • . •1 1 rihaw" crrmt rrireiit furllier • • 4 iirthrr wiiiirr* \Iaje«ly'» (Jo- 5 in llip KuMian 5 I'Affairrt, «!io sliin^ rIoM lo 5 IVlropavlnvtk •prcsrnlations 1 6 6 lio proiii'iMsl a raiire lliat tlip tipatnu'iit t ii\lo\»k. To 4 • • • • s romisfd inime- s nniitfd a strict at allrcid ill- i'|>ral('il .. ipiiiied vitit of 'J .. 1.1 inki .. 13 '' Amrriran n . . 1.) Icr" lo I'uro- >rlirr nrrptioo 14 Count Kapiiitt • • ■ • Jj liicliLinc (ttt . • IJ as to visit of So. 17) U 1 " I.c.iiidcr," onr Anieiican • • •• 13 affidavits in ' Ariel," and ill-lrratmrnt i>ation should ■ ■ • . \i ) " Leander." i .. 47 rii.| •• "Willii. Transmils | on to Russian > ..I at crrns were ' ormation as to ' p " I-4andfr.'' na and left for SO SI S3 S3 Name. 43 53 Ai 51 S6 ColoDial Office .. » It • • To Sir R. Morier .. Admiralty i. Sir K. Morier .. Colonial Office To Sir l{. Morier.. Admiralty •• Colonial Offic" Sir l{. Morier To Sir R. Morier . . Admiralty .i Sir U. Murier To Sir R. Morier .. Sir R. Mur'.er (Tolcgraphir) To Sir R. Morier , . To Admiralty ,. Sir R. Morier Colonial Office To Sir R. Morier .. Sir R, Morier ,. To Sir R. Morier . . Colonial Office Date. Oct. 19. 1893 30, 32, 19, 21. 35, Nov Dec, Jan. I. 4. 23, 30, 20, 12, 17. 16, 21, 27, 28, 29, 29, ?0, 4, 1893 C, 24, Feb. Mar. 8. 2. 8, 10, SUBJCCT. Despatchei from Canada, inclosini{ correipondenee with nriti«h Columbia .Sealers' Association and Minister of Canadian I'riTy Council .. .. Seirure of boats of " W. I'. Sayward.' Tranreiiti affidavit .. .. .. .. •• Locality of sriiiireF. Approrcs note to M. Chich- kine ini|nirin|f as to (see No. SH) .. .. Cruiie of Her Majesty's ship •■ Melpomene." Report from Captain Parr. Cordial relations between Kiitisli ond American naval oSecri. Newa of reiziires by Knssian cruiiers .. .. Artirlu from Official (iiiette rpspcctin|{ seiiurci. Il denies alle|rt>d ill-trealment, but admits seiiurea took place outside 3-niilv limit .. •• Distance of seiturcs from shore. M. Chichkine haa forwarded to Sir It. Morier a French translation of article in Official Oazrtte , . . .Sciiure of b.iain of " W. I'. Sayward " and " E. B. Marvin." Transmita affidavits .. .. " VV. 1*. .Sayward." Transmits affidavita (Inclosure in No. 31) .. S<-ixutc of " Maria" and "Carmolile." Letter from Commander of Her .Majesty's ship " Leander," transmitting slat?menta of captains .. .. lioarding of " C. H. Tupper." Transmita despatch from Canada with particulars. Vessel was 09 miles from nearest Ituasian territory .. Note to M. Chichkine, dated 39th November, pre- senting adidavila, and stating case for considera- tion oi' Russian Oovernment . .. ■' ('. H. Tuupcr." Transmits Colonial Office letter of 30th ^o\cir.b-r (see No. 39). To point out to liussian (iovernment that vessel was boarded 59 miles from nearest Russian territory I'rocpi-iiincs of Her Majesty's ship "Leander." Report hy Captain Castle of facta ascertained at I'etrnpnvlfivitk respecting seiiurea .. .. Cases of •• W. I'. Sayward " and " E. D. Marvin." Note to M. Chirhkine inclosing affidavits Cases of " .Maria," " Carmolitc," and " C. H. Tupper." iNolcs to .M. Chichkine inclosing affiilaiils ,. .. ,. Interview with Rusnian .Ambassador. Have expressed hope for an early reply to liritish representations Hai urged that matter may be pushed forward. It iit to le referred to a Special Commission . . Approves notes presenting affidavita from " Maiia," " Curmolite," and "C. II. Tupper" (see No. 44) .. Approves note to Russian (iovernment respecting " W. •». Savward " and " IJ. ». Marvin " (see No. 43) . ■ Visit of llcr Majesty's ship "Leander" to Petro- pavlovsk. Suggests approving Captain Castle's prncecilings . . . . . . . , Extract from " Official Messenger," giving details as to seizures, taken from a Vladivoitock news- paper .. M. Chichkine's reply to Sir R. Moricr's notes of 39th Novemlwr ond 16th and 31st December. Information asked for, and answer will be sent at soon as it is received .. . . .. Despatch from (lOvernor-General of Canada, in- closing sworn statements and claims lo compensa- tion on behalf of owners of vessels " Carmolile," " Maria," •• Itosie Olsen," " W. P. Hall," "Ariel," "Willie McGowan," and "Vancouver Bello" .. .. .. .. Transmits above-mentioned affidavits and atate- ^ menls, for presentation to Russian Government.. Note addressed lo Knssian GovemrocDt in com- pliance with instructions contained in No. 93 .. Approves terms of above-mentioned note . .. Seiiure of '■ Vancouver Hcllc." Additional paperi forwarded from Canada, including Russian docu- ment, which ap|>ears to be copy of an order for confiscation of veitel .. .. .. Riga 61 as. 67 67 60 62 63 69 69 73 75 78 79 84 86 86 86 86 87 87 67 88 68 110 III 113 119 «■ It.. TABLE or OONTBim. No. Nime. Dale. Subject. Page «7 ToSir R. Moricr.. .. Mar. 15, 1803 Trantmila above. Ineloturei to be eomnuDicaltd to HaMian Gorerament in addition to thoie already tent . . . . . . lis M EUrR. Moritr .. ,. 29. Inoloium in No. S6 transmitted to Kutiian Govern- ment at initruclod . . . . II& m Mr. Howird .. .. May 9, Convertation aith M. Chichliinp, who italed that Commitiion had completed their cxaminnlion, and •• that reply of Kutiian Government would be teat ' very shortly lie i .; { ; I A ! j T 1 1 > r.i Pig* 1 ■oniinuDi«atfd 1 on to thoM V • • • • lis >■ iiian GoTf rn- • • • • IIA » lUIrd tbtt X minntion, and K lould be leot B • • • • lie 1 Correspondence respecting the Seizures of British Sealing Vessels by Russian Cruizers in the North Pacific Ocean. No. I. Admiralty to Foreign Office.— {Received September 1.) «p AdmirnUy, September 1, 1892. I ' I AM commanded by my Lords Commissioners of tiie Admiralty to transmit, for the Jlnformation of the Secretary of State for Foreign AfTairs, copy of a telegram, dated the fist instant, from the Commander-in-chief, Pacitic Station. I am, &c. (Signed) EVAN MACGREGOIl. Inclosuro in No. I . Rear- Admiral Hotham to Admiralty. Victoria, B.C., September 1, 1892. schooners "Ariel," "Willie McGowan," " Ilonie Olsen," seized by i< ^.kinUa " nnrl xlTntilf " QAtIt tn 9Ntli .Tiilv. dewii hmuifht here bv (Telegraphic.) BRITISH o — , Russian cruizers " Zabiaka " and " Kotik," 26th to 28th July. Crews brought here by American barque from Petropavlovsk. An Amencan schooner was also seized. No. 2. Foreign Office to Colonial Office. Sir, Foreign Office, September 2, 1892. WITH reference to the telegram received by the Admiralty, and forwarded in my better of yesterday, I am directed by the Earl of Uosebery to inquire whether any other information has reached the Colonial Office in regard to the reported seizure of five British lealing-vessels by Russian cruizers off the Copper Islands ; and 1 am to suggest, for Lord Ripon's consideration, whether it might not be desirable to request the Canadian Govern- nent to telegraph any news which they may have received. I am, &c. I (Signed) T. H. SANDERSON. No. 3. Colonial Office to Foreign Office.— {Received September 6.) tSIr, Downing Street, September 5, 1892. I AM directed by the Marquis of Ripon to acknowledge the reccint of your letters of the 1st* and 2nd instant relative to the seizure of Canadian sealing-scnooners by Russian cruizera. I am to request that you will inform the Earl of Rosebery that Lord Ripon has telegraphed to the Governor-General of Canada for particulars respecting these seizures, on receipt of which it will be necessary to consider what steps should be taken by Her Majesty's Government. I am to point out that if the facts are correctly stated in the public press they have a bearing on the arbitration now pending with the Government of the United States. I am, &c. (Signed) EDWARD FAIRFIELD. [604] InelMing No, I. No. 4. Colonial Office to Forrlyn Office. — {Received September 14.) Sir, J)iiiriiinij S/,rel, Septemlier 13, 1802. NVITfl refm'ncc to tlic letter from this Doparlnu'iit of tlif otii in^tiiiit, I urn dircdi | l>y tiic Marquis of lli|i()ii to traiixniit to you, to lie laid hoibre the ICarl of Hoschcry, a copy of a tdcjjrnni from the Oovcrnor-Ociicral of Cmnda respcctinj^ tho liritisIiColuinhi.m seallng-vcsscis scizwl hy the Rii-siaii-i. Lord Hipou dtsircs mc to su;;!,'i'st, for Lord Rosuhery's consideration, that incjuiiy should he made of the lUis^ian (ii)Virnment as to whether thu cicws of tiie scalers aiv detoined in prison, and, if so, that their inniiediatc release should he asked for. I am, &c. (Siuned) JOHN UilAMSTON. /U Inclosurc in No. 4. Lord Stanley of Prenton to the Mnnjuis of Ripon, (Telegraphic.) September 13, 1892. REFKRRING to seizure of sealing- vessels hy Russians, Minute of Council furthec says families l)clont;in;j; to the crews of seized vessels rcsiV our Contul at Yokiileinia relative to linliiii;;. to iiiint'iii.'. and to tr.idc in the Kiissian \vati>i'4 of llu' Pacific, anil in reply to tlie note wliifh joii aililicsed lo tin-, daleil loth ('i'lh) Murcli, I am now in a position to give you the fullipwiii^' infoiniatioii : — A Notice of llie tenoiir of that aiinexcil to your note of the 1.5th .March wai, in fact, piiblislied by our Consul at Yokohama, and our Consui-tieiieral at .Snn I-Vniici-co u also au'liorizcd lo i)ubli*li it. This ineayure refers only to pi ohiliilccl inlintiie-; and to the liade in contraband; the rentrictlons which ii estiiblislies cxlcnd strictly lo the lorrilori.il watcm of Itmsia only. It wa< rcqiiirfd by the numerous abiisc-i proved in latf yoari", ni' 1 which fi II wiili all their weight on the popnlaliij!! of our scaihoiu And of our islmi.l-., whose only means of itipport is by (Isliinur .ind ininliii;'. Tiieso abini'< iiifliitc 1 also a marked injury on tlu' intcrcstti of the Coni|iaiiy to which tiic Inpcrial (iovcrniiiiMil !i.id conceded the uionnpoly of lishiiiir, liuntin: ("exportation"), in i?l:ind« called the ■' Conimodtire " ami fiie '•Seal!'." I'lcyoiid thin new Up.;(ilation, of wliicli the es>entiil point is the obligation imposed upon captains of ves of ihc I'liili^' to pr i\idc llunisidvcs at Vlaihvoslock with \hf permission or licence of the (iovcnior-O'-neial of Oriental .Siucria, the r.jht of fishiiijif, huntin(f, and of trade l.v foreigners in our territorial waters is regulated hy .\rticlo SCO, and those folio.', inj^, of vol. xii, I'art 2. of the Coli' of Laws. Inforniinir yon of the prcccdin^r, I have, &u. 'Sipned) (Jikiis. 8 mhrr 13, 1802. nt, I nm dircftcl I of Hoschcry, a Jritish Coluiiibiiiii ion, that in(|iiiry )(' the scalers iiic I for. URAMSTON. nberin, 1892. Council furtlar tia arc distrosscd that they arc in ' vessels frc(|ueiit and trontrnent ol' 1 British subjects ) iber 11, 1892. It, I am directed Roscbery, co|)i('s zure of British the Admiralty, ire these vessels the despatch ol' i2 of the United th».> proiiibitiou y to the ferii- an (Joveniniciit led that if {\w Ilk Department, tihjcct of a Xoticv siaii watcia of \\w low ill a poiiiioii I'l ilicd by our Consul strictlons wliirli ii mimcroin nbii»i<4 nil uf our islmiiU, ki'il injury im lli.' )f fishiuir,' luuitin, ^npl.'iius of vpmi i< iilivoslock witli III.' r, and of trrulo In art ?, of the Coil'.' r^irtlier informatiun confirms the statement that thei>e seizures were made outside the irriturial waters of Russia, Her Majesty's Government have no doubt that the CJovern- rcnt of Russia will ut once release the vessels, and compensate the owners and crews for ^tl loss and injury sustained. I am also to suggest, for Lord Rosehery's consideration, tiiat tlie Russian (lovcrn- r.tent should be asked to telegraph such instructions as will prevent their oiiicers making /urther siaiilar seizures. ^4 1 am, &c. (Signed) JOHN BllAMSTON. Inclosure 1 in No. ft. Lord Stanhij of Preston to the Mnnitiin of Ripon. "(Telegraphic.) .September Tt, 1802. MINISTER of Marine, Ottawa, has received telegrams from Collector of Customs, Victoiia. to ed'eet that Russian eiui/ers seized schooners " Ariel," " Willie McGowan," and " Rosie Olscn " ab;)ut 40 miles (rotii Cnpinr I>lan(l, Russian side; also one American; all taken distressed. Crews, eiphly-four men, arrived X'ietoria the 31st Auijust by sailing- OsVessel from IVtropavlovsk. British Coinmbia .""'ealers' .Association fear more seizures by Russians; express anxiety for (listre-sid crews; few vessels hcfinentin^ Russian ports; fear long detention and liarsl) treatment unless ulieved. I have telegraphed for statutory declaration or atlidavits in support of above. 'i Inclosure 2 in No. 5. '*' Lord Slaiilci/ of I're-slon ti> the ^[llrt|uis of llipoii. (Telegraphic.) September 6, 1892. ilKI'KRRINCJ to my telegram of the r)th September, Minister of Marine informs me that he expects aflidavits daily. Inclosure 3 in No, 5. Lord Stanletf of Preston to the Marquis of Ripon. (Telegraphic.) (Received I'ieptember 9, 1892.) QUEBEC : Following telegram receive I from Minister of Marine : — " 1 hive just received from Collector, Victoria, following telegraphic synopsis affidavits, Russia seizures, Behring Sea : "'"Willie McGowan," of Shelburne, Nova Heotia, Daby, master, twenty-three crew, seized by Russian cruizer " Zabiaka," the 18th .July last, latitude .')2° 50'* north, longitude 107" 50' east, south from Copper Island, vessel and outfit, and Beventy-six skins, taken to I'etropavlovsk by prize crew, there contiscated. .Schooner /'Rosic Olsen," of Victoria, Keef, master, crew, six wliites, sixteen Indians, seized by jRussiau Fur Company's steamer " Kotik," commanded by Governor of Behring Island, on 4thc 2(ith July, latitude 54° 24' north, longitude 105° 40' west of Uehring Island, 877 skins landed at Behring Island, vessel and outfit taken to Petropaulovski, there tconfiscatcd. Schooner " Ariel," of Victoria, McLeod, master, twenty-four crew, seized by Russian cruizer " Zabiaka," on the 28th .fuly last, latitude 54" 10' north, longitude 107° 40' £east, south of Copper Island, 207 skins, vessel and outfit taken to Petropavlovsk, there iconfisealcd. Distressed crews of schooners returned to this port by barque " Majestic," ^from Petropavlovsk.' f "Aflidavits will, follow; am preparing oflicial Report to your Excellency; meantime, ' Bcud present information." I) OiKIIS. Inclosure 4 in No. 5. Lord Slaidey of Preston to the Marrjiiis of Ripon. (Ttlegraphic.) ^ {Received September 10, 1892.) FOLLOWING telegram received from Prime Minister thi morning, inclosed in letter which bad been delayed for a week in transmission : — • See note on Inclofur« 6. ■.<,!•■ i [504] B 2 ■i^ " American barque ' Majestic ' arrived hero yesterday from Petropavlovik, bringini;; •ixty*nino whites and Indians, crews of tiirce Victoria soalerk seized in open sea 30 miles firom land off Copper Island ; two B<:hooner8 seized by KussiKn cruiser, the other liy Commercial Company's steamer • Kotik.' Schooners towed to Pctropavlovsk ; crews state that they were landed and led on beach without shelter, bein,,- allowed 7 cents per day for food, and hiilf-clotlied, crews' clothin;; hiiving l)cen looted by Russian cruizer. Russian Cnptnin informed tiicm that lu; would seize nil schooners, whether sealing within 1 or l,0(K> miles from Copper Isliind, and started out again with intention of so doing; affidavits written in Russian, but verbally translated into Knglish, stating that they were sealing in Russian waters, were signed by sealing captains under protest, when threatened with banishment to Siberian mines. Board strongly protest against seizures, and request that immediate steps be taken for relief of crews of other schooners now scaling in Asiatic waters, and liable to similar treatment ; winter approaching, and men, if not rescued, will probably perish. (Signed) " TuoUAS B. Hall, President, « BritUh Columbia Board of Trade** Affidavits for which I asked have not yet arrived. Inclosurc .'> in No. 5. Lord ainnley of Preston to the Marquis of Ripon. (Telegraphic.) (Received September 12, 1892.) FOLLOWING tclcgn-tm received from Minister of Marine toKlay:— " Collector of Customs, Victoria, telegraphs me affidavits re seizure of three schooners by Russians forwarded yesterday. Since arrived sciiouuer ' Annie C. Moore,' reporting seizure of the boat 'Marvin,' one ' Sayward,' three sealing boats seized; crews taken prisoners by Russians." Inclosure 6 in No. 5. Memorandum. "WILLIE McGOWAN."— Latitude 5'2° 50'» north, longitude 167° 50' ea«t = 103 miles from nearest Russian territory, viz., Medni, or Copper Island. <'Rosie Olse offered. fler Majesly'H (jovernnient trust that, in ony case, instructions to prevent ony similar laots will be sent by telcL'nipli. ir it seeinij unlikely that vessels will be immediately released, ascertain, na few vessels 'frequent the Kiissiun |>()rts, wluit steps can be taken to insure the humane Ircatniont of ^>the crews and their cxiicditious conveynnco to Victoria. 1 In a iiole wliieli M. tie (liers addressed to the United .Staton' Minister in 1882, and ''which Im published by the United .States' (iovernnient, be expressly slated that the notice of prohibition of tisiiini; and buntin^ in Ukholxk and Uchring Seas applied strictly to the "territorial waters ol Russia only." In M. had been seen fishing in territorial waters, and that they had been seized beyond the same after having been chased. No. 0. The Earl of Rosebery to Sir R. Morier. Sir, ^ ^ ^ Foreign Office, September 20, 1892. THE Russian Charge d'Affaires informed me to-day that he had received no inlbrma* tion with regatd to the seizure of Canadian sealing-boats in the Bcliring Sea by Russian • 8«e " UniUd Sutcs Ng. • (1893)," No. 87, p. 68. imp cruucrs, altliotiiflt lio iKlic.'!! tiicn.! wa» U'lcgiMphic luiuimiitication hctweeii St, Pcd-is. burt^h nntl IVtr««'vt'r, coiiriultc'l the Nuval Attailit' to li^c Kiiiliii!!>sy, will) ftn'cii Unit, it Ij' itii; tiio liiicdiiiu; st-asou, tlu^ liouts must liavi- taken tin- ttcals cIdmu to tiii' xiioro ; Unit ^ii.tt (ii'pjcJiitiDiis iiail Uww made on tiic youD^ si-aU liiiiii:; i: e Inst :-uasun ; tiv 1 tli.it In- siinniM-it t!'u caplutx'^ liaii ucciiircd in cunHLuiuoncc of tliu rccklci»ff const tidliing. I uni, ^c. iS\^l^c^\) llOSiillKRY. No. 10. h'orriijn Office to Admiralli/, Hir, I'uieifjii OJfive, Seftlmhrr 20, 1S02. I AM dircclcd l)y Wm' Kail of Host-bory to tninnmit, (or the infcnination of tlic l.anU f"iiiiiiiii«sii)iu'rs of tlio Aii'iiiralty, copii'fi ut' liU'u'i'am-* wliii li liavt; liccn nfiivi'd I'loin lh<' liov( irior-< ii iirnd ci" Canada ii :<|i(( tiiiir I lie nciztii'- ol liritisli scalin'.'.-( hooni'is hy lln!.!.iiiii vci!ii>"l* in hi liiiin,' Sea.* I? v.ill lu' SI iMi that tliisc M'izui'iJS are nlL-jfcd to hasi; l)it'ii iircclfd ont'^idi- tlic .'Unnlr territorial liniil, and that tlic crews oi' the ve^-^els are said t(i have h*. n sjltjictc I to siveri' trentmi n!, Ajiprelnii-iioii- ar<' cxiirt'o-id iis to what may hcfdl tlioce oroth.ei vc-»eU whiiii are r<'|i have Imo -uIh', ijUi iilly eaplmcd. I aUo tiannnnt |).Ha|ihaM>h ot t» Ic^'rajihu; eorreK|ion(len(T with Fler Majests'i* ('har^'i' d'Atliitu >; at St. !Vtcr'-hurj;h,f I'roiii whieh it apjuars llial the Hu-«m;wi (iovirinnent have no ihloroiation on the Nuhjecl, hut have jiroini.Hed to make impiiry hy tch-^iaph. I am to n ipu'^t that yoti will niale to llic l.sioner.-< that l.nrd Uosehei t thinks it would he .t\ ailvanta;;c ii one ol iier Maje»ty'.'^ hhi|t.s, with a llu-^-iim iiiterpretn on hoard (il' one van he obtained), eould vi'«it IVtropavlovok in order to make inquiry inte tiie tai'lK svilh re::ard tn the Nei/ui'es. tu asctrlain the eonditaai ot' any nritinh ^elunen who may Htill hv: detained there, and !o provide, if iieeexsuy, lor their relief and eonvoyancii .vii ni*. Have yon r«'ei ived any an-wer to ymu" repreM iitations .•' No. 12, Sir Ii, Morier lo Ihe Eurl of Homlifrji. — {Rrmifed Septemhrr 2.'t.) (Teleurnpliie,) &'.'. Prler^bunjh, Sriiteiiilivr i',\, lS)»2. I'lIK arrival at Vladivo«toel< of the C unudian shipH whieh had l>een eaptured hy tin Kn*»iaii. lor seal-hiuitin^' i> .mrounceil in to-day's new^paper^^, I have therefore reipiesteii M. ('hi( hkine, ill a piivatc note, to linnidi uu a-, hoon an pi^sjide witli answer* to ihi inipmie:* which .Mr, Howard made of t'oont Kapiiiitt on Friday laxl, and have aUo iitkt d him to let me kuiMv whether the loca! aullioritien have heen io' Juetud lo aliKtam from imeh titutmcnt i\* has heen fomplain< il of hy the crcWH oi thu HCHlcm in the evt lit ut any lurthei I ipturi s heiiiK luach-. On the Ket'ipt if thi-* note M, Odeiikinv immediately callid ou me, and the re»uh <»f our coiiveruiilion wa^ as follows :— • \Vc Mi^reed not to di.itnHii the internaliunul ijuciilion until uii uxacl account uf wlud * lucloMtrt'i ill Sot. 4, i, itail ?. f N«f, U Willi a, * tWi'Oll St, l*(l('|!i. AUiiilic ti) il^o tiiivf taken the )t!ii^ seiils lining' ^>i«;,iii %(! tiikin i.lacc Imd been laid licforc us. With respect to the ilMreattiient wincli, '■',|l(T()nliiif,' lo tlieir stuteii\ciits, the crews of the eapliircd veHsels had siittercd, and to the ils-^ne of iiiHiniitionn tor iireveiiliiiir the re(;iirriiue of such Irciitiuenl in tlur event ol rfurlh.r seizuns lii>* Mxci llenev reiiimlud that the Minister ol" Nhuine had nidi-nantly :||-eim(liale.l the i.lva that olIiCiTs oC tlie l{ii>siiui navy ruiihl have netcd in the manner 'de^eriliea hv th>' ncw^, thai he would in-tiiule a Miueliini; ini|uir.\ lo ..niv. at the trulli as rciiaids the eonduct of the i.Hieirs, hut that it would be an insult to the h)ea BUihoiilies'l.. srnd tlieui in>tru(tions to ahstain IVoin ku.Ii olllnees. V\ tins I observed thai uhal niv <;o\einnHnt diMivd w.is to leel avMurd thai the .suboidinule h)cal olhcers ,) would in no ease eoinuiil muIi ael^ lunaHer is llius,- whieh they were nceused by the crews, fwuld his i;x^' »" asMiranee in the name ol tiie IinpermI (JovV'""* iiuiit that, in ease other vissels weic Seized, such acts would not take phiee. M. C'hielJ- iiine 1,'ave this ansi. ranee without he-itation. DuriiiK my conversation the luuyu. [;e used by M. Cliiehkinc was of the most conciliatory natiire. and tliere can be no doubt tliat he wished the cjucstion settled ni n friendly spirit. iitsidc the .'Uniiif ilijccte I to scver>' hei ve^M'N whiili Wajests's ('har;'i' iovenunenl have 1(1 .iph. It i.iird U<)S(>ber\ issiim iuterpreln lake iui|uiry iuti! tish scikuien who td conveyanc<: in : No. 13. * Ml. llvrlvil to llir I'liiil of liosflin!/.~-{tifCiiipu-tie,ud ilin! 'h' eaiitures oceuired far hevoiid :the disthiiee of a iiiarim leamie Inuu ((iissiaii lerritoiy. The (t.|iid to have a-serteil the juiiMlietion of Itussiij up »to the Wiil.r buiindaiy ol the 'J'tvuty '-l \^iu made with the I'nileil Sides. w§ I his, of (Kiir-i. is u iiomI ck-nient in the H lii'in;^ Sea (pn"eeoiid dav the Kusxian izuards fiicd on Ibein while ihiis eni^a^ed, iukI attcrwaids, when tliey hail escaped to their M'hooiiem, Ithe Hnxsiao truizer "Aleut " ehn»ed thciu and captured the " l/'wis," which was sent lo ck for confiacation. The Aincrioiin scliooncr had been seized beyond the ■Mwine lengue, yet m view of the facts just referred to this did not seem a clear assunip. tiwt of ^nMlicrton tj^yond that distance, hii r.itiicr thi< pursuit and capture of a lawless «Mwl gpitty of M\ fxtrcmt-ly pave ottcncc. In the presotit instance, however, if it In rorrocfiV rcporr< will prubiihlv only eoiue out when the formal liritisli pMteM .tnd claim lor daim^^^s axi ' mhW Ut Kuh!>!' .Vttou iind f 'k^^pcr l>rotectinir .seal life which Mr. Miainc has tried to establish in the eaxfen *«H of Uclirinj; Sea, caiciof p>* l»^ determined. Hut the " Zabiaka " incident uppcai' " n\ark a new stapr in tlie ••.pening of the next season there will ho a chance for oflieinl correspo idence and perlt.i,. .ic outcome may he a tuoilun with Russia similar to that which was etfectci! with our country, pendiii^ tie ■ubmission of the whole subject to arbitration. kn M. M< eoi No. 14. The Rnrl of Itosebeiy to Sir R. Morier. (Tilegrnphic.) FnrMon Offict, Si-plrmhr 20, 1R1>2, INrOK.NI Russian novcrnnienf that in conserpience of !,'reot anxiety felt l.y lainilie- of iirilish Cohiniliian sailors who arc embarked on sealm;^-s(;honuers, we are ordeiiiu; llir Majesty's siiip " Leander " to proceed from Hakodate to IVtropavlovsk. in order to luak' nrrangements for the return of any seamen of captured sealers who may he awnitin shi|/ment. This is the more necessary as we understand that flic port is but little (rc(|uenteil. Ask that the Commander may receive all necessary facilities from the Russian authorities. No. ^fr. Ihwnrd to the Em I of Hn!iehery,-^{Rrreh>9d September .30.) ^fy l.ortl. ^ SI. Peterghurijh, September 17, IM)2. M. < illCIIKINK V s engaged yesterday aflernoon, so f!ount Kannist rt^eeived me, and I handeli eplies. Kor tlic Russia to assert licii runs midway laim to ab.solute that modified tried to estuldisli the "Zabiaka" :as hitherto this 1 States, Russia, by the former, It is pcrhajis ed \'i'.-torio only ithorities would ; been doing and I, in the absence Hrhriiig Sen to r over, or would n'mg of the next )utC()me may he ry, pending the British sealers by Russian cruixers.* His Excellency said that, although he had seen the hiSi! mentioned in the press, no reports ol any kind had been received on the subjo't jfcroni the Imperial authorities ooi;eerne.l. Me ^^ls sure tliat the facf", whatever tiicy inipbt ix', musit be exaggerated, ebpeeialJy as ref;!ird« tlie threat respecting the Siberian Oiines; he nould, however, tulegmph to the propi-r authorities for full ilctails, and let mo knuw the result. I said that surely sealers could not be eeixed at the distance named from the coast, ns M. nly applied io the territorial waters of Russia, and that his £xcelleney had virtually repeated the same statements in his communication to Sir Robert jMorier of the Nth dune last year. Count Kapnist re|di.>(l that he was no lawyer, and eould not therefore otfer a legal opinion on the f^nbjeet, ulthough bethought that I was probably correct in this particular ; and that, although there was but liltli> use to discuss natters the details of which were wanting, he would point out to mo that the telegram only mentioned that the sei/m-es to<)k place at certain distances from the coast, and it was quite possible that the sealers in (|uestion had been sighted poncning within territorial waters, and after being chased had eventually been seized at the distances named, although he doubted the statement as to the Kl't miles, lie Ihen spoke nt son\e length on the •ubjeet of the poaciiing propensities of the sealers, and cited the case of two vessels eau;,'ht In the act of poaching last year, of which < .0 had, atler capture and while being towed by the Russian erui/er, escaped during a storm to Yokohama, where the case had been ■Bade the subject of a judicial !U(|uirv by the British Assistant Judge; and he added thai; the pafieis in this ease Jiad been sent o M. do Staal. I said that, if the sealers had 1 een guilty of poaching, it did not seem to me to be Vtual t(/ imprison them, and I trust'.-d that tliey would be released, properly cared for, and ODnveyed speedily to Victoria, as there were but lew vessels trading with the Russian ports in that region, ('oinit Kiipnist ans\%ered that it was impOKsihIe to know what the sealers bad (lone, and (hat he eoidil not say how lliiy (.mid in; sent home. 1 replied that thev fluuld certainly not he turned out on the shore, as it was alleged had been done in tlie ease of (he crews of the sealers who had arrived at Victoria, and be told to swim to Hritish Colambia or get there as best tiiey could; surely they might be conveyed i)y one of the RusHan crui/.ers. Ills Excellency, after stating that he doubled the crui/ers being availalde for such a purpose, irmarkcd that I scenud to consider tin- case in a very serious liglit ; and on mv Bplying that I certaiidy Ihoiiiiht it a serious one, and that he could see by the Ich^jraiii had hnniled him that your Lordship was evidently of the s.mie opinion, he sai(| that it .vas ipossihi.' (or him to inform me of what could or would he done until the Reports of the lu'-sian authorilie* had bee 11 it-ceived ; und that all he eould now state officially was that iomplaint havii,.: been preferred, the Imperial (Jovernnient would intjuirc nito'thc same, ^TMi rtindd eomnnmicate the result td' such intpiiry to me at tiie earliest possible date. I have, Siv. (Signed) IIKNRY HOWARD. n 20, 18!»2. felt l.y lamiljes e ordering Fler order to nnike »y he awiiitin- (re(piented. in the Kussiaii ) 'r 17. IS1I2. ( rtceiicd me, the H'. iziire .it No. HI. Sir H. Moriri to thr Hail nf Itoarhfrij. — (lifrfired Seiilemhtr .'10.) y •'•"■''» SI. Pilnsliiiryli, .S"( /,/, m' days before a reply cotdd be obtained from the lormer place. This mi/rning. however, the Russian newspoja-rs announced ihu arrival of the inur •hijis— thice Itiitihh ami one American at Vladivosfock lioin iVlropuvluvsk, 1 pe.i.id- Ingly iKhhfssed to M. Chichkim, whon. I had not yet seen, the private letter of which I liave the honour to transmit n copy I crt mIiIi. His llxcellency called n|)on ine immediat.dy on the reeei|)t of this letler. lie said he had just received my note, and was glad of the opportunity of at once having a talk [OOi] • No. 11. ■i 10 with mc on this incident. He said tliat, supposing the seniers liad hcen capttirud in (lie open Hi'D, would not the Russian cruizcrs have been iiistiHcd if they iiad ciui^ht tiicin in flayrante deliclo in tenitoriul wntcrf, and |)in'siiod tlicin tiicncu into the open nch until they uvcitook and captiuTd titcni ? li you delected a buiKlnr in your house, ■aid hitt Exculleney, und lie rughed out by the window, could not you follow him into ihv street nnd Iny hands on him there? 1 said this helon^eil o the Kide of the (|ueHtioii which hud to deal exclusively with tlic rules of inleniiiti >nai law whicii ^{oveined tlu' aubject, and that I thougiit it would be perfectly useless io enter upon this tiidu of the queation until we had all the facts of the sevcnd cases in an oiKciul and authentic tonn before us. The point of immediate importance was the alleged treatment of the crewg of the ships by the oiKccrs in command of the capturing vessels. 1 was {terfeutly ready to admit the possibility of exaggeration. It was in the nature of things there should be such, and from previous cases of sealing troubles in tiioso waters, I was aware what very hnnl swearing there could bo on botli sides. In the present case, however, the nundier i/i witnesses was so great — eighty-four in nund)er — and composed not of British subjects only, but of Americans ulso, that I could not resist tiiu conviction that they must have been treated with exceptional hardship, and what appeared inhumanity. M. Chiehkine then said, "M. I'Andtassadeur, you who have been aMioii;;st us tor so many years, can you honestly acrusc the Russian people of inhospitalily and cruelty?" I said nu.si assuredly not. 1 ri'garded the l{uF.» may have suil. iiil. the point of immediate interest was to make sure that the etcws uf the ships whi( Ii hud been announced as having been captured and ahoiit to be broni:ht into Russin.i ports shoulcl not be subjected to similar tieatmetsnmi lu; the account given by the crews to be true), hud been complied with. ILs Kxcellency said he \ui\ not yet got an answer from the .Minister of .Marine, but that he knew that Adminil Tchikhutchotf had declurcd himself profoundly hurt ("lesc") ut the idea of sendiiiu' instructions to olhcers of the Imperial navy to abstain from ucls of barhitrism mil iidiumanily. He declared them incapable of such eomhiel, and to aH^ninc that tliry were capable would be to iiihuit ihein. I iiiistTved In thii that I i|iiite uniieisliiod In- Kxcelleiiey's feelings, which diil hiiii honour, hut that these teclinus cuuld li.irdly h ex|H'cteil to satisfy I ler Majesty > (iovernincnl, who eMuiilained on what st-eiiied sati>- factory evidence of parfienlar nets o.' inhumanity coinmitled by certain commissionr i otheei's of the Iinperiid navy. .M. ('hie'iKine said that Admiral 'IVliikhatcholi wouli institute a searching und mvcic ini|i. and that as long as Her Majesty's (iovernment ohtaincd the certainly that Ihitisii subjeei'- would run no risk of being again similarlv treated, it would he inditi'erent to them how thi^ certitude w.is ohiiiined. 1 s;;iii, '• Would your Kxcellency, lor instance, speaking in ll:i' name of the Russian (iovernment, give mc the positive ;:ssurance that, always supponiin; that harsh and inhumun treatment had iiecn exiresetl, there would be no repetition of it '' M. ('hidikiiic iinhe!; a^^ulalue, To prevent the pox>iiiility nt any mi -.undei standing, I said I would send him the exact lurmd III t!.e telegram I should send to your LMi'd»hi|i on the tuhjeet, and I have tli. honour to inclose herewith • ojiy uf thi. pisvale letter which I have addressed to lii- tlxcelleney this evening. I hIiouI i add that on my asking how h of tiie oruiKers, M. (.'hiuhkiue answered tiiat thi was extrei; cdy uncertain, as the " Zahiuka " and " Koiik " liud, iiniiktidialely alter brin^'ii.' the caiilured sealers to Nludivostoek, put in m'h again. ilis Excellency in the couiNf of conversa'iun siiggcKlei! that he thought it would h' > UM'liil and friendly act on behalf ul (he ihiti^h sia.i y received uri;ent sii expiesHcd liv U>cal until )ritii^ li It; tlie nccount ney said lie lui I w that Adniiriii idea ot' sendiiii; l>ail)''riHni an I -'iniii- tliat thcv UIKici'stddij i||> could hiu'diy li it siTiiicd Hati<- II ciininiihHioiiiMJ -.hatcholf woiiM inunders dt' tli> asHuinin^ duii y to admit thi>, Mritish Kuhjc(i> II tlieni iiow thi- ^peakinn '" ''•'' ways suppiihiiii; •epetiUonof it '" d him the cxuH and I liave tin ddiis.scd (o 1,1- ii' ini(niry wmihi '«fli(j tilUt till ly alter hriiurii .- III It would ll : •vpie warning ! 11 ritisli sealers aprainst tisliinj;: in Rnssinn territorial wnters. I said I iiad every ri'iMon ;o hel -ivc that this was done in a most conscientious and tinnoiiii^h manner, no scaler heing lllowed to leave a IJritish port without heinj? warned to strictly abstain from taking seals ' Vithin the distaiiee of M miles from any Uns»ian island or coast. ^ ' I have, &e. * (Sigi-ed) II. U. D. MORIER. Inclosurc 1 in No. Mi. .Sir R, Morler to M. ChUhkim: M. le Conseillcr Prive, Sir,nl-l*elershounj, If 1 1 (23) Srplembn; IHO'J. y\l'l*HKN.\N"!' epic les vnisscaux Am:lais captures sous Ic pretexte de sVtre livres a lo chasse des otaries dans des eaux rej^ardees par la Russie comniu territoriaU?«, soul jprrives de I'ctnipavlovsk a Vladivostoek, j'ai riionnenr de vous informer que j'ni reeu de iiioii (JonvcrneiiRiit nn telej{i amine urgent me mandunt de in'euquC'rir quund le Gouverne- Bunt Imperial sera a inr-nie de (hiiner les exnlications deinandecs par le Coiiite de Moschery duns le teleH;r. deux (pie.^tions. L'anaire, telle qu'elle se kresente actnellement, a un asipjct grave ct si'-rienx, mais jc lie |)ui8 doutcr que lo Uoiivernement Imperial lie |,artage I'cspoir dt t;elui de Sa Majeste, ijue cet incident, uprAs kxainen im|iartial, se trouveia exagcre dans ces details, et ()uc, (|uaiit aux principes inter* Ijatioiinnx qui paraitraieiit s'y titn' m^l<5s, il n'y aura pas de difference entre la maiuun; do voir des deux Gonvcrnements. Veuillez, &c. (Sigiie) H. M. I). MORIER. P.S. — Jc prierai votrc Kxcellcnec de bien vouloir fixer I'lienrc a laquelle je [loiirrnis Die rciidre au Miiiist(>re Ijundi. .('attends des instrnetioiis impurlaiiies de mon Gouverne* BJciit par le couuier qui arrive Dimanc'ite, el il m'imporle d'avoir le temps iieccajftiie de pri^parer nies leponsus pour mon courrier (pii rctournc Jcudi. R. H. D. M. Crraiislution.) ^l. Ii: Coiiseill.r -"rive, ^ ,S7. Vvtersbunjh, Septrnibpr U (23), 1SJ)2. , HAVIX(i licard that the English vessels which were seized on suspicion of having LMi cni;a!;ed in nwdiiig in waters renardcd by Russia as being territorial have arrived at ladivi.stocl; Iriim IVtropi.vlovsk, I have Ihe honour to inform you that I have received n iir-jent leh gram from my (iovernincnt directing me to ascertain how soon the Imperial \)verument will he in a position to give the cxplaiiationb ■.%liieli were asked lor by the on ication ■Infiinimtioii within a short space of lime. i am likewise instructed to a-k your Excellency to Ik rood enough to tell niu whether the mcessary iiiNlrnctioiis have been h>iit, in I'lursuaine of the wisli expressed by iLoil Rosebery, to iiieveiit the lepdifiou of such acts as those of which the crews of the TCaptuicd vesselH are staled, in the evi.ience siipplicil by them, to iiave been the victims. ;i ' ••"'' 'I"''' y«iiir lAiolleiiey will enable me to send a rcassining telegram to my ^♦Government in reply to tliese two questions, 'i'he adair a« it now stands bus a grave '"'"' serious M-pect, but I c, )l dou'.l that the Imperial (loveriiment sbaics the hope of l^'Jiat ot ilrrivcs on Sunday, and it is dusirnblc that 1 should have Hufficicni time to jircTanr oir aiuvt-rs i'or the mc88unKcr who goen back on Tluusilav. ' R. B. D. M. Inclosurc 2 in No. IC. .Sir R, Morier to M. C/iichkinc. M. Ic ConH-iller Prire, Sti!nhP(fie,sbounj, Ir 1 1 (2.'») Sfplemh, 1892. VOICI, coointe je tous I'ai promis, Ic texto du t(5l6i,'rii.m'iic (juo j'ai cnvoyo ii moii Gouvemetueat |«our lui rendrc cumptc dc notrc conversation d'aujoiird'hui : — " Ncu« cous jcmme^ mis d' accord pour ne pas disciitcr la (|iicKtion intcrnati<(n;ilt ovant d'a\ T eoire Its mains iin relev<3 exact dcs faits qui out iii lieu. Quant ;iu niauvais traiU-tncct qu'auraitnt.d'npr^s Icur rdcit, suhi lis ('l|uipa^cs di s vaisM-aux capture* et I'envoi u'ln^kructions j>our prevenir, le cas dchi^ant, les roi (nivcile '. cnl* lU* parcilU* nievure*. «-on Eicdlcncc remuri|ua (pie Ic Ministre de la .Marim- avait repousse avu iiidi^nutioii Vidiv que dts ottieiers dc la Marine Rus.se aient pu agir de 1 1 manierc di'crite j«»r I** ojuipa^c*, nunis (ju'il ouvrira une entpi^'te si'vi^rc i).iur aniver a savoir li vrai kur la ctHiduite fie ces otticiers, mais que cciu serait une insulte aux autoiites loialc- que dc leurenvoTcr des instructions de s'abstenir de puieils met'aits. Sur quoi j'observai (|ue ce que luon &>uvcmement denmndait c'<5tnit d'obtenir la certitude (jue les oflicier^ »uliur l(xaux ne {>uurraient dans uucun cas se livnr (iaiis I'avenir a des proct'-iir'. Mnd)|.jble» a crux «ju«; le* <;iiuii)Ui;es leur reprochaieut. Sou ICxetllence pomrait-rllc me doiuK r, au nom du Gouvcrnement Im|)erial, russuranic que, dans Ic ens oil d'autrc* vnisseaux seraicnt captures, de parciU precedes n'auraient pus lieu ? M. Chichkinc, eaii; hesitation, doooa cctte auuraoce." Agr^ez, &c. (Signd) R. B. D. MORIER. (Trouslation.) M. Ic Conaeillftr PriTt, St. Pet^rsbingh, Septembfr 11 (*-;l), 1892. IN accordance with my promise, I send you hciv)with the text of the telegram which I dispat^-hed to my (JoTcrnmcnt reporting our conver'sation of to-day : — " We agreed r.ht to diseuvs the international (jueslion until an exact account of what had taken place had (teen laid before us. With re>pi ( t to t!)e ill-tieatment which, acconiiiiL^ to tlx-ir *tatcments, the crews of tiu; captured xcssels hud sulFercd, and to the issue of iD»trucliun« for preventing; the recurrence of siicii tn ntmeiit in the event ul further f^izuref, bt» Kteellency remarked that the Minister of Marine had indignontlv repudiated the idea tl.at ofticers cf the Russian navy couM have acted in the mcnntr described by the creir», that he would institute n seachiiig inquiry to arrive »i the truth as regmrdf the conduct of the officers, but that it would be an insult to the local authorities to Mrod tl>cm initructions to al)stain from sucli ollences. Upon this I ohscrvdl that what my Government desired was to feel assured that the subui'dinatc local officer^ would in DO imieilici lit rt'|)()usso avu ii" dc 1 1 nianiere irivi-r a savoir k : aiitorites loalc- ir (jiioi j'observ;ii (juc Ifs of!icie^ • a (Ics proct-do lice pourrait-clie tas ou d'autrc's . Cliiciikinc, saiij D. MOKIER. .1 (•:.{), 1892. : telegram wliicli iccount of what eatincnt which, bred, and to the n the event ot lind indign»iit!y in the nianntr I nrrive hi tht iult to the local tliis I ohscrvvl tte local office r- acc'jscd by the ipcrial Goverii- c .' M. Chich- MORIKR. 13 No. 17. Sir R, Morier to the Karl of Roiehery.— {Received September 'M).) Aly Lord, St. Peterxbtmjh, Septemhvr 27, 1«'J2. WITH reference to your t('les;ram of the 2Gtli instant, 1 have the honour to inclost licrewiih to your liunlt)hi|i a (opy of a note which I have tliis day addressed to the Ru.J8ian Government, in obedience to your Lurdsiiip'a instructions. I have, Stc. . (Signed) R. U. D. MORIER. I Inclosure in No. 17. Sir It. Morier (o A/. Chichkine. M. le Conseiller Prive, St. Petersbunjh, September 15 (27), 1892. I IIAVI'i l)crn instrnclcd by Her Mnjesty's (Jovcrnment to inform your Excellency lliMt, in consetjiience of the j;rciit anxiety felt l)y families of Mritisb Columbian sailors embarked on sealing-schooners. Her Majesty's (Jovernuient have ordereil Her Majesty's ship "Lcnnder" to proceed from Hakodate to IVtropovlovsk in order to iiiukc arrange- ments for the return of any seamen of captured sealers who may be awaiting shipment. This course is the more necessary ns it is understood that tiie port of Petropavlovsk is but little frecpicntcd. Her Mojesty's Government ask that the Commander of Her Majesty's ship " Leander" may receive nil necessary facilities from the Russian authorities. As it would seem difficult for the Commnnder to give the notice ot his arrival reipiested by the Imperial (tovcrnment in M. Bout^nicfi's note of the 10th (22nd) February, 1887, I have to express the hope that tlie present notification may be regarded as that agreed upon ns necessary between the two Governments with reference to ships of war visiting their respective ports. I avail, &c. (Signed) R. B. D. MORIER. No. 18. Sir ii. Morier to the Earl of Roaehery. — {Received October 3.) (Telegraphic.) St. Petersburgh, October 3, 1892. I AM informed in a note from the Russian Government that such of the crews of the sealers which were captured Inst August who hiul not been already repatriated, and for whose conveyance home Her Majesty's ship "Leander" has been dispat.'-.od, have been sent to Nagasaki by the local authorities. No. 19. Sir R. Morier to the Earl of Rosebery. — {Received October 3.) My l^)r(l,^ St. Peier.:hur(jh, September 27, 1892. WITH lelcrence to corrcspciidencc respecting the recent seizure of Hrilisli sealers by Russian eruizers in the Behring Sea, I h ui' not failed to endeavour to ascertain what steps have been lakeii by the Auk rican (iovcrnmcnt respecting the capture of the "Cap. ilorn Pigeon," whiih was seized some distance from Ishurup Island, at the mouth of the Sea of Okhotsk. The American Chargd d'AffaircH told Mr. Howard that he received a telegram from the cajitain of the schooner relating the circumstances of the capture, and stating that he had been landed on the shore near Viadivastock without food or shelter. Mr. Wurts Immediately repeated this telegram to Washington, and has had no answer but a simple acknowledgment of the receipt. He had conse(iuently made no representation respecting the legality of the seizure, but had addressed a note to the Imperial Governmont on his own responsibility respecting the treatment accorded to Iho crew. He avoided using any it «iu;li pliriiHc im i-rmlty or iiiluiin iiiily, Itiit iiitkcd thai lliu crow iiii^lit receive U(k'(|uiile food iiiul ^tl(>ltl■^. It wit^ evident tliiil Mr. W iiit.t did lu.l \\i»li to ;iiv>s ilu- incident, Uoubtks!< for liar ot rinsing Honie luntiiilion wiiiih nii^lit lie iiuuiisiNlent wiili Anurican elaiinx aguiii«t (ireut Mritain in the Itehrin^ Sea. lie i-aid he consideiid the Sia of Okiiot^k u m»ir rlmmnii, heeauHC, though pail ol thi' KuriL IsIiuuIh were uecupied by Japun, that I'owir hud signed a Convention willi IliisMia a^reeini; to cIohc tlie sea. lie ulso ttaid he did nm inueh believe in the eaptain'ri eoiiiplaintH ol ill-trcatuient, lor if he wu» rettlly dvttilute liv would nut have had money enough to send m long a telegram. I iiave, &c, (Signed) K. H. D. MORIEK. No. 20. .Sir H, Morier In the liiiil <>/ Uuin'lifii,. — (liirrln'd (hhiltrr 4.) My I.oi(l, St. I'lhi.^huitjli, Ocltiltci I, 1M>2. I !N(;f/)SK herewith M. ('liiehKim's reply lo my note, addre»«eil to hiin iii romplian'.'e with your LonUliip'n tclei;t'am of ihe 'Jlilli idtimo, reripieting the visit of tlic " Leander " to Petropavlov«k, ami my ik kiiovvlcd:.:mi nl. Yuur Lurdiihip will perceive it is uf a very cuurteuns kind. I have, ii:('. (Signed) U. U. D. MOUIKU. inrloimre in No. 20. M, dilrhliiiii' to Sir U, Mnrirr, M. I'.\ml)a8sadeur, l.i- \H (Ud) .s',/;/fm/./p, \W2. A li.\ suite de votre note dii \!'i (27) de cv mn\*, je n'ai pas maiii|Ui'' d'informcr Ic Ministiyre Imperial de !a .Marine epic Ic croisenr An;^lais le "I.eamlir" avail reeu dii (iouvtrnemeiit Uoyai Itritamiiipie I'ordre de se remire a IVlmpavlovsk. Noh antoriteH out ete inviti'cs a preiidn- tontes list meMiien nm-sHaires pour f.uilitei a ce baliment renlivf dti port en ipieslinn et drs ordrcH ont ete t xp^dirs ti'let^'raphiipieimnt nn Commandniit de niiliv tseadie du I'ueifiipii- a Vladivostock. 'I'outiliiis, ji- crois divoir pri'venir votiv i'veellence .pie vu Tulmenec d'une ligne ti'legraplii(|m' allant jiixpi'a I'ttiopavlovftk et In dit^ieulte deK communicalions, surtout (Ihiia eette sai^un de raiiiur, uii m.deiilendu derail poKdilde dans le can oii le " Leander " m; prtWnterait devant eette plaee avaiit (pie wm ('ommandant eilt refu le>> orilres .pii lui oiil ete cxpi'dies. Celli.' e\eiitu;dili' n'nmnit eti' tnlitVeiiiiiit rvitee (|Ui' par I'ai compiiH-i'mi i!l dcs ri)rmulilt'>i eommmiiipn't'H au (louveriu- ment de Sa .MajeNte Kritaniiiipie par In note de i'Amba«sude Impel iaie ii Loiidix>» du 10 (2*>) Kevrier, 18H7, .le fiaisis, iVe. (Siijne) CillCllKl.S'i:. ('rranHlution.) M. rAinlmMsadeur, S,-i,tfml»r is (;',0), T^IKI. ON receipt of your note of the l.'iili (27lli) instant, I did not fail to infiiru) Ilu Imperial .Ministry of .Murine that the ilnglisli ( rui/.er "Leander" had received ordii' from the Hrilisli (lovcrnmeiit lo visit IVl pavlnvsk. Our autiiorilies have been rc»pie>i>ii lo lake all the neccHiiury measures to facii >alu tlu; entry of tluM vessel into that purl, an I orders huve been Kent by telegraph to the officer in command of our I'aedic Hipiadroii at VladivoMtock. I think it right, liowevei, to warn your Mxeelhiicy that, owing to tlu aliHence of a ti'le^rajih line to I'etropaviovsk, ami In llie dillicully of commuuieatiiig wiili that pifiee, iM|M!eially ut this season of Ihe year, it is possible thai a misundei standing n .i) nrime in cuhc the " l^eunder " should arrive otf the town before the ('omii>andanl lia>< i'ccuiv«d the oi-der« which huve lieun nent to him. This eontingoncy could only have been entirety ubvialod by currying out the ibrmulitieH which were iiutiKetl to ller Hritaniiic 15 receive u(le(|uiile loubtlcsj* lor t'ciir II claiiiiii iigiiiiist Okliotsk u iiiiiir iipuii, that I'uwiT ) Huid III! (lid nut luUy dcstituto iic D. MOKIBH. I.) Itihtl I, lhU'2. Dlicd to llllll III ; tlic vi«)t of liie [). MOUIKK. lemlnr, |H1»2, ui< d'inlhrmrr Ir avail rt'«;u dii 114 aiitoritifK (lilt iliincnt IViitrir 'i)iMinaiuluiit (Ir pii'Vi'iiir volii (i|i:ivl()V8k rt In U'lilciidii Ncriiit aviiiit (|iie son liu' irmirnit ('it' » ail ( iouvcriu- a Loiida'ii (III lU 1 1 KINK. (:'.0), im»:i. to iiiloiui llu rurivcd onid* liL'cii rt'*|iie^ti il that |iiii'l, aii'l III' H(|ua(li'oii .ii owiii<{ to tlic lnllinttil|^' wiih 'inlitiidin^ II n\ iiiiiiiiiKJaiit liii> )lll) IlllVC l)ttll ller Hritaiiiik 'ajcHtyV (iovfrninont in the note of the lUth (2'2in\) Fi-bruary, I8H7, from the Imperial Enibuo^y ill Luiuluii. I avail, &c. (Signed) (IIKilKINK No. V I . I he Eur I of Rostbrnj to Sir li. Morifr. jPlr. Forfiijn OJfirr, Oclober .'», lbl)2. I ll/W'K RTcivcd Mr. Flowanl'it dcHpatch of the I7tli ultimo, ivcordin^ a coiivcritntion wirilli Count KapniHt n-^pcriii.t^ !liu seiKUit* ol Mritish scaliTrt hv Itiissi an criii/.ertt in HchriiiK Tlu; language held liy Mr. Howard to the Russian .MiiiintLM- on that occiiHion in nppi'ovi'd. I am, Sic. (Signed) IU).SKHi:UV. No. '/i». Thf Kiirl of Rniirlirni to Sir R. Mor'n'r. Fon-imi Offi'rr, Ortoher "», 1 802. I II.WK ifccivcd vmir I'xce llcncv'K dispatch of liic Mid iillimo, icpurtiii'.; a coiivoN Hklion which you have held with M. ('Iiichkiiii' respecting the sei/ciire ol Miilisli ^(alels hy BuHMiaii cruizeri* in liehriiig Sea.aiid the tieatinenl ol their crews at I'etropavUivsk. The liiiigua^c held hy your K.vccllciicy on that occasion to M. Cliiehkine ii« approved jiy Her .Majesty's (Jovernineiit, *I am, &c. (Signed) IlOSKniCRY. No. 2.'}. f The Earl of Rosrbery to Sir li. Aforicr. iir. ^ Fortiijn Offivv, Oclohvr 10, 1R02. I II.WK received your despatch oltlio 27th ultimo, inclosing cony of t'lc note which tou addresHcd to the lluHHian (Joverninent iiotilying that I Icr Majesty 'i Hhip " Leander " Kad lM.'en oidered to proceed to IVtriipavli)v>l\. 'I'lic terms of your note are approved hy ller .\Iiijc!*ly'H Government. 1 am, &c. (Signed) UOSKHKRY. No. 24. AdmiraUif to Forelyn Ofiirr. — {Hereiml Oclober II.) Bii'i Admiralli/, Orlobcr 10, m02. I AM coinman led hy my Lords CommisHioneiH of the Arohibition against sealing in these Regulations is confined to the Russiaa coasts or islands, or within their sea boundary-line, and as already pointed out in the letter from this Department of the 14th September, that sea boundary-line has been officially declared by the Russian Foreign Minister to be the ordinary territorial limit uf 3 miles. In view of these circumstances, the fact that the masters of the seized vessels were induced by threats to sign a declaration that they were sealing within Russian waters could not in any way justify the seizure of the vessels on the high seas, and as the masters did not understand the terms of the documents, they were compelled to sign, and protested on the face of it against any admission that they had infringed the Russian Regulations, it is obvious that no weight whatever can be attached to these declarations. It is to be noted also that though these declarations were accompanied by the protests of the masters, no investigation as to the truth of the statements of the masters appears to have been made by the Russian authorities before carrying out the confiscation of the vessels which was decreed by the officer of the seizing vessel; though it would appear from M. de Giers' note of the 3rd (15th) March, 1890, respecting the case of the " A' lunah," that the confirmation of the Governor-General of the Amoor is necessary to the Decree of Confiscation, and as the documents showed on the face of them that the statements of the captor were not admitted, Lord Ripon can scarcely believe that such confirmation can have been given without that careful inquiry and examination which justice demanded. The statements as to the ill-treatment of the crews of the vessels, to which the attention of the Russian Government was called in Lord Rosebery's telegram of the 15th uUimo, are fully borne out by the affidavits now forwarded, and Lord Ripon cannot doubt that when the facts are brought to the notice of the Russian Government, they will tber 10, 1602. II) Rehring 8rn, I) the American " rcinninins two detained IVtio- hooncra left Ibr L Sea. Uussiiiii luard, seized uiie ig Seu. 17 will not foil to mnrk their sense of the cruelty perpetrated by their officers, nnd to comrensoto fully those who sullered by it. . • • The clninis for compensation which accompany these papers do not contain ony cinini on this account, nor for the loss of the personal effects of the crew, but Lord Kipon presumes tiiat Lord Rosebcry will agree with him that the facts disclosed as to the treot- mi lit of tiic crews at the time of seizure, when on shore at Petropavlovsk, and in the manner of their shipment on board the " Majestic," justify such a claim, and his Urdship would suggest that the Russian Uovernment should be inlbrnied that such a claim will br. made in due course. .... , ■ , I am to recjuest that I^rd Stanley's despatch, and its inclosurcs, which are sent in original, may be eventually returned to this Department. I am, &c. (Signed) JOHN DRAMSTON. f)/»cf 13, 185)2. ■ British sciiliiig- by till! Maniiii'* lespatcli, and its •ith the seizures, miriilty as to tlic were sighted mid ; otlicer and tliu in Russian terri* }\is time engaged icd according to the pursuit was been seized, arc those of 1881, correspondence to the Russian lUcd out in the ry.line has been rritorial limit of zed vessels were ian waters could the masters did lud protested on egulations, it is panied by the of the masters the contiscation hough it would ting the case of oor is necessary :e of them that elieve that such mination which to which the elegram of tlie 'd Ripon cannot ment, they will Inclosurc 1 in No. 25. k Lord Stanley of Preston to the Marquis of Rifon. My Lord, Citadel, Quebec, September 23, 1892. WITH reference to previous correspondence relative to the recent seizures by Russian cruizers of Canadian sealing-vessels, I hiive now the honour to inclose a certified copy of n Keport of Council, dated the 2.'kd instant, to which are attached the affidavits referred to fo my telegrams of the 5th and lOtli September, as well as certain other Annexes in which the facts regarding the seizures in question arc detailed. Your lordship will observe from the st.itcments set forth in these documents that the crews of the seized vessels appear to have been treated with unusual harshness and •everity. I have, &c. (Signed) STANLEY OF PRESTON. Inclosurc 2 in No. 25. Report of a Committee of the Honourable the Privy Council, approved by his Excellency the Governor-Ginerul in Council on the 'S3rd September, 18'J2. ON a Report dated the 17th September, 1892, from the Minister of Mniine and Fisheries, submitting, on the subject of the seizure of British ships in the waters of the North Pncitir Ocean, that the circumstances attending the seizures were most fully set out, and the question of jurisdiction referred to at considerable length in the following Minutes of Council, dated respectively l.'Jth September, 1892, IStli September, lh'J2, Mrd September, 1892, and 23rd September, 1892. The Minister observes that the Minute of Council dated the 23rd September, 1S!)2, ;|Bdvised that formal adidavits on the subject had been obtained from the interested parties, ;|md were in course of transmission through the mails, and it was stated that, immediately jinpon tlicir receipt, they would be communicated for tlic information of Iler Majesty's |Govcriim( nt. '■^ The Ministf r submits the following documents now to hand, as follows:— i| 1. Letter from Collector A. R. Milne, of Victoria, Hritish Columbia, forwarding — I 2. Note of protest, schooner "Ariel," sworn to before A. R. Milne, (."tli September, 1892, by John McLeod, master. 3. Deposition of Jos. Campbell Stratford, mate of the schooner "Ariel," sworn to before A. R. Milne, 8th September, 1892. 4. Certificate of measurement of position of vessels when seized by Jas. Gaudin and .T C Cox. (Chart retained.) 5. Claim on behalf of the " Ariel," amounting to 18,746 dol. 50 c. 6. Certificate of seizure of schooner " Ariel" by Russian officer. 7. Order for deposition of vessel, cargo, and crew by Russian officer. 8. Protest at time of seizure by master of the " Ariel." 9. Report " outwards," schooner " Ariel." 10. Extract from log-book of " Ariel," being certificate of Lieutenant Williams, of [504] " D IMAGE EVALUATION TEST TARGET (MT-S) ,V^ Va 1.0 1.1 i»: 2.0 I 40 1.8 1.25 [|U 1.6 ^ 6" ► V n of the mate and Beer in command, rial " that he had f the said schooner vhich the Russian said that he would within 1 or 1,000 d Russian cruizcr ?-line of the said Zabiaka '' steamed " Ariel," with tiie 1 left on board tlie , the said schooner ig at that port on ika" boarded the t on the deck, lastcr of the said n in Russian and which paper as !od, master of the ussian waters. 1 against signing a iptain de Levron Vladivostock and ' this threat and his crew, signed er " Ariel " were ers of the cruizer ;her. under the charge building, and told iiich had likewise via of the other id clothing, until gn merchants. If of himself and vlovsk. Captain essel might take jestic" found he the officers and American barque some British or que "Majestic" ruizer " Zabiaka," ir of boats being he master of the British schooner for want of food, at Nothing, and shelter, and, in a deplorable condition, were ordered on board the American larque "Majestic" by Russian marines with rifles and fixed bayonets, and in this {j^ndition sailed away for Puget Sound. >• That, deprived of their clothing, and having no blankets or other covering, were lompelled to sleep in the hold and other places on the ship as would afford them itfielter. ' That the treatment on board the American barque " Majestic " was not such as would |e given to distressed mariners returning to their homes helpless and destitute. That on the arrival of the barque " Majestic " in Royil Roads, Victoria, British Columbia, the master of the said barque "Majestic " claimed the eight boats, two canoes, two stoves, and all the extra provisions remaining unconsumed as his property, which he •ompelled the distressed crews to sign over to him to become his property. That the said master of the American barque "Majestic'' intends to claim some compensation from the British Government, to which the master of the said British •ehooner declares he is not in justice entitled under the circumstances. That John McLeod does solemnly and sincerely declare that the foregoing statement ii correct and contains a true account of the facts and circumstances attending the seizure Iff the said British schooner "Ariel," of Victoria, British Columbia. Wherefore, the said appearer, John McLeod, master of the said British schooner ••Ariel," on behalf of ihe owners of the said vessel, and on behalf of himself and crew, doth protest against the illegal interruption of his voyage and seizure and confiscation of tlie said British schooner" Ariel," her boats, guns, ammunition, small-arms, appurtenances, provisions, and seal-skins then on board. That the Schedule hereunto annexed, and marked (A), is a true inventory and valuation of the actual loss sustained by the forcible seizure and confiscation, and on Mialf of the owners and all concerned, the said John McLeod, master of the said British schooner "Ariel," appeals for restitution and damages to full amount of the loss Mistained. (Signed) JOHN McLEOD. Sworn to before me, at Aictoria, British Columbia, this 6th day of September, 1892. (Signed) A. R. Milne, Collector. ;, In the matter of the seizure of the British schooner " Ariel," of Victoria, British I Columbia, by the Russian cruizer " Zabiaka." Bort of Victoria, British Columbia, James Campbell Stratford, of the city of Victoria, Province of British Columbia, personally appeared, and doth depose and say : — That he was mate of the British Healing-schooner "Ariel," belonging to the port of Tictoria, British Columbia, of which John McLeod was the master, and which cleared at |hc port of Victoria, Britioh Columbia, on a voyage to the North Pacific Ocean and Okhotsk Sea. That, after voyaging to and fro on the waters of the North Pacific Ocean pursuing fte legitimate calling of hunting on the open ocean, beyond any limitation to hunting or fshing on the high seas [sic]. t^ That on the 28th day of July last, at 4-30 a.m., whilst the vessel was south-east from |w)pper Island, Commandorski group, the morning being clear, and could see a very long ^ipistance, Copper and Behring Islands being in sight, and he would judge that the vesse *a8 about 35 miles from south-east end of Copper Island, it being well known in that Ijucality that the distance of observation is very great, C^ That in that position the vessel, headed south-east, it being dead calm, was boarded ;»y an armed boat's crew from the Russian cruizer " Zabiaka." That the master and crew, with the exception of the deponent, were ordered on board le cruizer " Zabiaka." That the officer in charge of the prize crew went to the haulyards and pulled down e flag from the mainmast head and stamped with his feet upon it. That the said schooner " Ariel " was taken in tow by the Russian cruizer " Zabiaka," md continued towing the said schooner "Ariel" about twenty-five hours; the hawser Tted at about 5 A.M., during a thick fog and heavy breeze. That there were nine men and two officers comprising the prize crew. 22 That, after the tow-line parted, the schooner was navigated under sail, and arrived at Petropavlovsk, arriving at that port on the 6th day of August, 1892. That the same day that the said schooner "Ariel" arrived at Petropavlovsk the deponent was put on shore to take his chances with the other crews of vessels that had been likewise seized. That the deponent, having read the statements of John McLeod, the master of the said schooner " Ariel," indorses the same as being true m every particular in regard to the treatment of the distressed crews at Petropavlovsk, as well as the treatment which was given to them on i)oard the barque " Majestic," which was not such as might he iriven to distressed seamen returning to their homes helpless and destitute. (Sigued) J. C. STRATFORD. Sworn before me this 8th day of September, 1892. (Signed) A. R. MiiNE, Collector of Customs. Sir, Victoria, B.C., September 8, 1892. As requested by you, we have measured the distance on the Chart of Bchring Sea, as given by jou, showing the exact [ ? ] where the three British schooners wen seized bv the Russian cruizer "Zabiaka." Scb'ooner " Willie iMcGowan," latitude 53" 50' north, longitude 167° 50' east, a distance of 42,^ miles from Copper Island, the noarest land. Schooner " Rosie Olsen," latitude 54° 24' north, longitude 165° 40' east, a distance of 38 miles from Behring Island, the nearest land. Schooner "Ariel," latitude 54° 10' north, longitude 167° 40' east, a distance of 30 miles from Copper Island, the nearest land. Yours respectfully, (Signed) JAS. GAUDIN. To the Collector of Customs, J. C. COX. Victoria, B.C. [Chart inclosed.] (A.) PAHTicrLARS of Claim, Schooner •• Ariel," 74 tons register, of Victoria, British Columbia, seized by the Russian Imperial cruizer " Zabiaka," on the 28th July, 1892, in latitude 54° 10' north, and longitude 167° 40' east. Schooner— Valuo of ichooncr . , . . . . . . Boats— 7 boats, at 110 dollars each .. ,, ., , Outfits to ditto, 7 at 20 dollar* Outfit of schooner— Provisinna . . , . . . . . Snlt, 10 tons, at 14 dollars per ton .. .. , Ammuuition . , , , . . . . , Insurance, 10,000 dollars, at 4 per cent. ,. , Coal, 10 tons, at 7 dol. 25 c. per ton . . .. Slop chest . . . . . . . . , Sliip-chandlery Guns- .3 rifles, at 25 dollars eacli 8 Parker shot guns, at 60 dollars each 1 cannon . . , . . , . , . . , AVagcs — Paic* master, hunters, and crew . . . • Seal-skins- On board when seiiEed, 207, at 1 4 dollars each , . Dol. c. Dol. c. • • 10,000 00 770 00 140 00 910 00 1,000 00 140 00 250 00 4U0 00 72 50 169 00 300 00 75 00 480 00 60 00 2,331 50 615 00 1,992 00 2,898 00 Total dftim D" •!<■. ■/•'* (Signed) 18,746 SO JOHN McLEOD, ir f r« fff '» «. mil, and arrived at Petropavlovsk the }f vessels that had the master of the icular in regard to 3 treatment which such as might be te. STRATFORD. jtember 8, 1892. of Behring Sea, as ih schooners were 167° 50' east, a :0' east, a distance ast, a distance of •lly, AS. GAUDIN. . C. COX. 23 Protocol drawn up on the Cruizer of the 2nd Class " Zabiaka," on the I6th July, 1892. (Translation.) , We, the Undersigned, witness that this l6th day of July, 1892, at 3 o clock a.m., *hen we found ourselves in north latitude 54° 26', longitude 167^ 36^' east, near Cooper Island, in a dead calm, we noticed in the direction of south 25° from the cruizer, in the Sistance of G miles, an English canvas schooner " Ariel," which had all her canvas on. * The sloop that was sent from the cruizer with Lieutenant Staal and Midshipman Zelenelsky to search the schooner reported that there were seal-skins on board. The captain of the schooner, McLeod, explained that he had taken 200 seals, and also that he considered he had a right to take seals in the place where the cruizer found him. The ship's papers and log-book were taken away, and the captain and his crew ot iwenty-three men were taken on board the cruizer, and the captain was told that they were all under arrest, and that the schooner was confiscated. After that a crew, under the aforesaid officers, was put on the schooner, and she was taken in tow to Petropavlovsk. No resistance was offered to the seizure of the schooner. It appears from the ship's papers that the schooner " Ariel " was built in 1884, at Bridgwater, and that her tonnage is 74-49, her length is 70 ft. 5 in., her width 22 ft. 5 in., and her depth 8 ft. 4 in. She left Victoria on the 15th (27th) May, to take seals and fish in the northern part of the Pacific Ocean and in the Sea of Okhotsk. (Signed) NAZONOV, Lieutenant. LICHTEEN, Lieutenant. * BEZKROVNY, Lieutenant. -t ARNOVTOV, Lieutenant. H DE LEVERON, Captain, 2nd Class. 9 JOHN McLEOD, Master, Schooner "Ariel." A true copy : ^ Auditor of the 2nd Class Cruizer " Zabiaka," W (Signed) Bezkrovnt, Lieutenant. British Columbia, •, 1892, in latitude Dol. c. 10,000 00 910 00 2,331 50 615 00 :! 1,992 00 *c 2,898 00 ' '4 18,746 50 i ^N McLEOD, -l .1-. »,. 1. I (^-^ # Protocol drawn up on the 2nd Class Cruizer " Zabiaka," in the Roadstead of "f- Petropavlovsk. ;^?(Translation.) ** Whereas a Protocol was drawn up on the 1 6th July last by a Commission appointed "%y my order on the 28th June (No. 60), in regard to the search of the schooner " Ariel;" ,^nd whereas a Notice was published by the Imperial Russian Government in 1881 ; and %hereas Regulations were issued by the Governor-General of Eastern Siberia on the *l8t November, 1883 (No. 1171) ; and whereas instructions were given to the cruizer by the Commandant of the port of Vladivostock on the 22nd April, 1892 (No. 1425) : I, •fiois Karlovitch de Levron 3id, a Captain of the 2nd Class, and Commander of the V aforesaid cruizer, have ordered as follows, on this 18th day of July, 1892 : — T 1. The schooner " Ariel " is to be confiscated and sent to Vladivostock under the rmmand of Lieutenant Staal. 2. The master and the crew are to be sent into the town of Petropavlovsk, and fallowed to return to their native country. !l 3. A complete inventory of the schooner is to be drawn up on her arrival at ?etr'>- gpavlovsk l^sic']. m 4. Everything on board that would spoil by keeping, as well as the spare boats and J tackle, shall be sold by auction at Petropavlovsk for the benefit of the Government. J| 5. The seal-skins shall be handed over to the Head of the District of the Commander ^Islands, against his receipt. 6. This Order shall be communicated to the proper authorities. 7. Captain McLeod shall be given copies of the Protocol and of the present Order. (Signed) DE LEVRON 3rd, Captain of the 2nd Class, in Command of the Cruizer of the 2nd Class "Zabiaka.'* A true copy : (Signed) Bezkbovnt, Lieutenant, Auditor. > B ^?T 9« (D.) Protest. Be it remembered that I, John McLeod, master of the British schooner "Ariel," registered at Victoria, British Columbia, Dominion of Canada, of the registed tonnage of 74 tons, which was seized and captured by the Imperial Bussian cruizer " ZabiaLa " on the 'J8th day of July, a.d. 1892, in latitude 54'' 10' north, and longitude 167° 40' east, or thereabouts, do hereby most earnestly and solemnly protest : — 1 . Against tlie seizure of the said schooner upon the high seas. 2. Against the retention by the said cruizer, or her Commander or officers, of the said schooner " Ariel," her outfit, furniture, or cargo. 3. I also specially and particularly protest against the seizure and retention by the said " Zabiaka," or her officers, of any of the personal effects of myself, my officers, or crew. Dated at Petropavlovsk, this 5th (24th) August, 1892. (Signed) JOHN McLEOD, Master of schooner "Ariel." I have this day, 25th July, 1892, received a copy of this protest at Petropavlovsk. (For the Head Officer of the District), (Signed) AVDOTENKO, Assistant. (E.) Report Outwards. No. 929. — Fort of Victoria, British Columbia. Contents in the schooner " Ariel," registered tonnage 74. Registered in port of Victoria, British Columbia, with twenty-four men, John Me Lccd master, for this present voyage for North Pacific Ocean and Okhotsk Sea. Cargo , tons weight , tons measurement , Agent. Marlis and Numbers. Shipper?. Quantity nnd Description of Goods. Ballast and stores and hrnting outfit. Value. Consignee. I, John McLeod, master of the vessel above named, do declare that the contents above written, now tendered and subscribed by me, is a just and true account of all the goods laden on board my vessel for the present voyage, and of the names of the respective shippers and consignees of the said goods, and of the marks and numbers of the packages containing the same. (Signed) JOHN McLEOD, Master or Purser. Signed, sealed, and delivered before me at the Custom-house, port of Victoria, Britisii Columbia, the 24lh day of May, 1892. (Signed) J. Aemsteong, Collector. 25 I schooner "Ariel," registed tonnage of uizer "ZabiaLa" on ide 167° 40' east, or r officers, of the said 3 and retention by jself, my officers, or .EOD, schooner "Ariel." t Petropavlovsk. iNKO, Assistant. men, John Mc Lccd ea. , Agent, Consignee. that the contents account of all the !8 of the respective ;rs of the packages cLEOD, faster or Purser. af Victoria, Britisii CoDV of the Notice which is written in the Official Log-book of the British schooner ^^ -^ "Ariel." " Daphne," at Sea, June 24, 1 892. '^ 1 certify that I have this day warned this vessel against proceeding to Behring Sea fdr the purpose of taking seals, under pain of seizure. " * * " (Signed) AYLMEIl C. GAM MEL WILLIAMS, Lieutenant. I, thf Undersigned, certify that the above written copy is correct, the 21st July (2ad August), 392. (Signed) H. de Levbon, Captain of His Imperial Russian Majesty^ Cruizer " Zabiaka." "'■ In the matter of the seizure of the schooner " Ariel " on the 28th July, 1892, by the Russian cruizer " Zabiaka." I, John McLeod, of the city of Victoria, ship captain, do solemnly declare as follows : — I am master of the sealing-schooner " Ariel," of 74 tons register, owned m Victoria, British Columbia, by H. F. Bishop and others. The " Ariel " was fitted out in Victoria in May 1892 for a sealing cruize, and cleared on the 14th May, 1892, for a cruize in the North Pacitic Ocean and Okhotsk Sea. She bad on board captain, mate, seven white hunters, thirteen sailors, a cook, and a boy, being twenty-four all told. We sealed along the coast of British Columbia and of Alaska, and on the 24th June, being then somewhere off Cherikoff Island, were spoken by Her Majesty's ship " Daphne," and boarded by an officer who pointed out to me the line of demarcation on my Chart, and handed me the Proclamation and warning against sealing in Behring Sea. Were also spoken by United States' cutter "Rush" on the same day. After this we continued our cruize until the 28th July, at 4 o'clock a.m. At that time tbe schooner was in latitude 54° 10' north, and longitude 167° 40' east. This position is estimated from an accurate observation which I obtained at noon on the preceding day. At this time I was nearer to Russian shores than I had been at any time during the Muize, except on one occasion about five days previous when I had lost a boat in a thick ibg, and in searching for it came within about 14 miles of the shore. After finding the b^t I put on sail and went to sea about 80 miles. The above calculated position is between 35 and 40 miles from shore, the nearest point being the south-east end of Copper Island. We had on board at this time 207 seal-skins. At It o'cloek on the morning of the said 28th July, iying-to in the above position with the British flag hoisted, I being on deck sighted the Russian steam cruizer " Zabiaka" of sixteen guns. We were alone with no vessels in sight. The cruizer came alongside and the Captain hailed me, asked me, **What are you doing there ?" I told him, •' You can see for yourself what we are d^ing." He then said, " Hoist your sails down." I asked him, " What for ?" He then Mid that he was a man-of-war and he wanted to see my papers. I then told him I was in tbe North Pacific Ocean. He said, " No, you are in Russian waters." During the jj^nversation a boat had been lowered from the opposite side of the steamer and came found her stern, being filled with sailors and marines with fixed bayonets, and with two or ree officers in charge. The whole boat boarded us, and the senior officer in charge told tjie his Captain wanted to see my papers. This conversation was carried on by him in broken jpiglish. The Captain spoke English well. 1 went below and got all the papers, and It as I was going down the cabin I saw one of (I think) the officers pulling down my g, and when it was down he placed it on the poop aad jumped on it. He then hoisted ipie Russian flag. The officer on my return said, " Take your crew with you likewise, the ptain wants to see them." While I was talking to him the marines and sailors went iwn below and were driving my crew on deck with fixed bayonets. 1 asked the officer at he intended to do, was he going to seize me? He said, "1 don't know, I don't link so, Captain wants to see the papers and the crew, by-and-bye it will be all right." \en all of us but tbe mate, J. C. Stratford, and one of the crew, Jos. Martin, went on rd the " Zabiaka." When we got on board the cruizer, the Captain (De Leveron) called me on to the Idge, saying that be wanted to see my papers. J handed them to him, and as he read [504] E 26 them lie saw where I had cleared for, and said, "Ah ! Okhotsk Sea ; I wisli I catch yoii in Okhotsk Sea." I asked him then, " Arc you scizinf^ my vessel ?" lie said " Vcs." I asked him wiiat lie was seizing lier for. I la said, " You are in llussiiin waters, and also in these straits," pointing to the straits between Ikhring and Copper Islands, tlio former nl which was scarcely visible. I asked biin, " What do yon call the straits ?" saying that there were no straits marked npon my charts. He tiicn said, " 1 don't cnrc about your charts; it is my Russian charts." Ilu then said, " No matter; Americans claim one side of the line of demarcation ; we claim the other." During this conversation the " Zahiakii" had taken the " Ariel " in tow, and the Captain told me tlie schooner was confiscated, and he was going to take it to I'etropavlovsk, to which ])lace wc were steaming. After twenty-four hours the hawser parted, and we steamed to Petropavlovsk, and leaving the " Ariel " to follow by sail, I and the crew were landed on the beach, with notliing hut what we had on us, and there left to sliift for ourselves. Captain dc Levron told inc to go on board the American barque " Mitjestie," then taking in ballast, and see if I could make any arrangements. The ca|)tain of the "Majestic" required nie to guarantee him 10 dollars a man, which I could not do. In the afternoon Captain de Levron .sent my crew ashore to an old decayed hospital. When we arrived at Petropavlovsk there were already in port the schooners " Willie McGowan," of Victoria, and " C. 11. White,'' cf San Francisco. The " Rosic Olsen," of Victoria, arrived before the " Ariel." All three had been seized, the two former by the " Zabiaka," and the latter by the " Kodiak," belonging to the Russian Commercial Fur Company. My crew had a little mone\ , with which they provided themselves with food, and, afterwards, tiie agent for the Fur Company (an old resident of Victoria, M. Molavansky) interested himself, and obtained for us some provisions, and through him the Russian official in charge of the post was persuaded to make to each of my crevv the usual |)risoii allowance for maintenance of 14 kopecks (equal to 7A cents) a-day, which was coUectid by the captains of the ships and entirely exhausted in ])rovisions, prices for the same at that distance being very high. When ths " Ariel " arrived in port we were granted per- mission to go on board her and get our personal effects. On availing ourselves of tiiis permission, I found that all my clothes which were of any value had been taken ; all that was left were my dirty clothes. Among what was taken were half-a-dozen suits of under- clothes, which had cost me 4 dul. 50 c. a suit; a pair of gum boots, value about dollars, and a number of other articles of clothing. About 100 dollars in gold and silver, which had been left in a drawer, was gone. I was not allowed to take my nautical instruments, which were in my cabin, as also were all my books. The ship's log, articles, and all papers were retained, and I was only allowed to take a copy of the " Daphne's " warning from the official log. The effects of the crew were in the same condition as mine, and they had also lost money. None of the provisions of the " Ariel " were handed over to us. An arrangement had been made between Captain de Levron and Captain Lorentzcn, of the barque " Majestic," by which we were to be brought on the " Majestic " to any port on Puget Sound, either British or American. The llussian captain then supplied the " Majestic " with stores and boats from the captured schooners, the amount of supplies being regulated according to the Russian schedule. On the 8th day of August, about 8 o'clock at night, the " Majestic " was ready for sea, and hoisted her flag. This was the signal for us to go on board, and a ])arty of marines from the " Zabiaka " came on shore under arms and visited the cabins and places where the crews were lodged. Then then hurried the men on board at the point of the bayonet, scarcely giving them time to collect the articles which they had, and being particularly rough with the last few to come on board. After we were all on board, we four captains protested against the sufficiency of the provisions to Captain Lorentzen, who told us to take our boats and provisions, and we could go ashore if we did not like it, He said this at the very time when the boat was surrounded by the armed marines. Al last it was arranged that 40 dollars, which some of the crew had earned by loading ballast, should be spent on provisions, and this we were allowed to do. The marines followed us while we went on shore and until we returned on board again. In the barque the captain drew up an agreement (being Exhibit (C) to the declaration of John Daley made this day), under which all stores left over were to belong to the " Majestic," and the crews were stowed away between decks, where the captains were also told to stow themselves. We, however, found accommodation in the caipenters' shops and a hatch house. The accommodation between decks was wretched and dangerous to the men, one result of which was that J. C. Stratford, mate of the " Ariel," broke two ribs by falling down an open ballast hatch. There were, exclusive of the captains, eighty men between decks. We arrived at Victoria on the 30th August, and were put on shore, Captain Lorentzen retaining the balance of the provisions and the boats. At no time during my 27 wisli I catch you in lesiiid "Yes." I waters, nnd nlso in uids, tlio f'oriiu'i' (il •uits ?" Hiiyiiif; tiiiit 't care about your nns claim one si(ii> ion tlic " Zubial.Tiidioin1 Onths " by virtue of the " Act respecting Extra-Judicial Oaths.' (Signed) J. C. STRATFORD. ^ Declared before me, at the city of Victoria, in the Province of British Columbia, this fth day of September, 1892. I I (Signed) (Seal.) Akthur G. Smith, Notary Public, British Columbia. In the matter of the seizure of the British schooner " Ariel " by the Russian cruizer " Zabiaka." I, Melville Collinson, of Plumper's Pass, Mayne Island, British Columhia, do hereby Dlemnly declare :— I shipped as boss hunter on above-mentioned schooner " Ariel." I have read the eclaration ol Jofea McLeod, master of said schooner, dated the 5th day of September, (604J E 2 1892, nnd bo far ns tlio farts ns therein declared ore within my personal knowledge, the said decimation is true and accurnto in every respect. I further bbv that nt no time during the eruizo of the sold schooner up to the time t,- the 8eiz\ire hy the "Ziihiaka" was 1 myself, or any of the hunters on board the said Bchonner, engaged in scaling within 12 miles of any Russian territory. And I n.okc this solemn declaration, conscientiously believing the same to be true, and by virtue of the " Act respecting Extra-Judicial Oaths." (Signed) MELVILLE COLLINSON. Declared before mc, at the city of Vlctoriii, in the Province of British Columbia, this .5th day of September, a.d. 1692. (Signed) AuTHUu G. Smith, Notary Public, British Columbia, (Seal.) In the matter of the seizure of the schooner " Willie McGowan." Affidavit. On the Cth day of September, in the year of our Lord 1892, personally appeared ml presented himself at the office of Alexander Roland Milne, Collector of Customs at the port of Victoria, British Columbia, John Daley, master of the British schooner " Willie McGowan," official No. 85487, of the port of Shelburne, Nova Scotia. By the instrument of affidavit hereinafter contained : Be it known and made manifest that John Daley, master of the schooner " Willie McGowiiii," belonging to the port of Shelburne, Nova Scotia, doth duly and solemnly swear ind state ns follows, that is to say : — That the said British schooner " Willie McGowan," a vessel of 115 tons, registercil tonnage, schooner rigged, and having a crew of twenty-three persons all told, the vessel being tight, staunch and strong, well manned, victualled, and sound, and in every respect fit to perform the intended voyage. That the said British schooner "Willie McGowan" was regularly cleared in due form at the [)ort of Victoria, British Columbia, in accordance with the laws of the Dominion of Canada, on the Hth day of May, 1892, for a voyage to the North Pacific Ocean and Okhotsk Sea, and having on board ballast and stores and hunting outfit. That the said schooner " Willie McGowan " sailed away under every prospct of a sjcccssful voyage ; that she proceeded to cruize on the waters of the North Pacific Ocean, pursuing her legitimate bunting on the open ccean, far beyond all limitation to hunting or fishing on the open higli seas. That on the voyage northwards the said schooner " Willie McGowan " was boarded by Lieutenant Williams, of Her Majesty's ship " Daphne," who warned the master of the said schooner " Willie McGowan " not to enter Behring Sea eastward of the line of demarcation, as set forth in the Order in Council, " Behring Sea Act, 1891 ;" that the said Lieutenant Williams, of Her Majesty's ship " Daphne," informed the master of the said schooner " Willie McGowan " that there would be no interruption to his voyage to the westward of the line of demarcation, providing the master of the said schooner " Willie McGowan " kept sufficient distance from the land, which was understood to be 3 leagues. That the master of the said schooner *' Willie McGowan," being desirous of obeying the law, and on the information conveyed to him by Lieutenant Williams, after cruizin;; along the coast, sailed away to the westward, with the intention of following his vocation to the westward of the line of demarcation. That the said schooner " Willie McGowan," on the evening of the 18th July last, while being in latitude 53° 50' north, and longitude 167° 50' east, between 40 and 50 miles off the south end of Copper Island, Commandorski group, was boarded by officers and an armed boai'8 crew sent from the Imperial Russian cruizer " Zabiaka." The officer in charge of the armed boat's crew ordered the master and crew of the said schooner •' Willie McGowan" to go on board the cruizer " Zabiaka," and the master to take the ship's papers with him. The crew were turned out of the berth by armed marines with fixed bayonets, and ordered into the boat of the cruizer " Zabiaka, with the exception of the mate, who was ordered to remain on board. "That in coming on board the cruizer "Zabiaka," the -^hief officer in command, Captain de Levron, after examining the ship's papers, informed the master of the said vchooner " Willie McGowan " that he had seifsed his vesiel, and in reply to the protest lonal knowlcdpp, the icr up to the lime o;' on board the said he same to be true, E COLLI NSON. ritish Columbin, tiiis iowan. onally appeared and r of Custonirt nt the h schooner " Willie e schooner " Willie duly and soli-nmlv 116 tons, registered I all told, the vessel »nd in every respect irly cleared in due \ the laws of the ) the North PaciHc anting outfit, every prospe'-t of a orth PaciHc Ocean, atlon to hunting or wan " was boarded 1 the master of the jrd of the line of i91 ;" that the said master of the said his voyage to the schooner " Willie to be 3 leagues. esirous of obeying ims, after cruizing )wing his vocation ith July last, while and 50 miles off by officers and an id crew of the said and the master to ;ed bayonets, and he mate, who was cer in command, ister of the said ply to the protest of John Daley, master of the said schooner " Willie McGowan," that he was on the high tea.M. and outside any limits over which the Kussinn (lovernmcnt had or could have any iurij-'diction. Captain de Levron suiil that he would seize any vessel found with a sealing Iputlit, or even salt on board, if »vithin 1 or 1,000 mik-s from the Kussinn possessions. That a prize crew from the cruizcr " Zabiaka " was put on hoard, and the schooner he'\ug towed for ten hours, the tow-line parted, the cruizcr "Zabiaka" steamed away for Petiopavlovsk, the schooner following under sail, arriving a' that port on the 27th July last. That shortly after coming on board the ci uizer " Zabiaka," the master of the said schooner "Willie McGowan." was ordered to sign a paper, written in Russian and translated into English by Captain de Levron, the substance of which paper, as translated by him, being as understood an acknowledgment that the said John Daley, master of the •aid schooner " Willie McGowan," with his vessel and crew, were hunting seals in Russian waters. That the master of the said schooner " Willie McGowan," John Daley, protested •gainst signing a paper written in a language which he did not understand. Then Captain de Levron informed him that unless he signed the document that he would be sent to Vladivostock and there court-martialled, and from thence probably to the mines, as he ■aid, there being no British Consul there to take his part. Under this threat and menace ^i)f punishment, the master, John Daley, for himself and in behalf of the safely of the ^^Brew, signed the document under protest. That on arrival at Petropavlovsk they were turned on shore. Captain de Levron Stating that he had nothing more to do with the crew of the schooner "Willie McGowan." That thf master, John Daley, went to the Governor of the place, who, after con- ilderablc delav, agreed to give them u small room in the rear of the gaol, and in company with the crew of the American schooner " C. H. White," likewise distressed, and which was gladly accepted. That the crew of the said schooner " Will ■! McGowan " were in a deplorable con- dition for want of food and clothing until relieved b;, the charity of Messrs. Malvansky and Linquost, resident foreign merchants. That the master of the said schooner ' Willie McGowan,' on behalf of himself and crew, requested to know what would bec./ine of them on their arrival at Petropavlovsk. r^aptain de Levron informed him that on American barqie was there, and that probably ihat vessel might take them to some part of Ameiica for lO or 15 dollars each, providing a guarantee was made for payment. That at Petropavlovsk the master of the American barque " Majestic," finding vthat he could not get ready money, drew up a paper, which was signed by the officers and crews of each of the captured schooners, by whicli the master of the American barque " Majestic " agreed to take them to Puget Sound, and Innd them at some British or American port. That the stores which were to provision the crew on board the barque " Majestic " were given from the stores of the seized schooners by the captain of the cruizer " Zabiaka," as well as four boats were given belonging to the said schooner " Willie McGowan." There were four other boats and two canoes from the other seized schooners. ;• That after being in Petropavlovsk nineteen days, during which time the master 4 and crew of the said schooner "Willie McGowan," as well as the crews of the other 3 seized schooners, which arrived later on, suffered every privation for want of food, ^clothing, and shelter, and in a deplorable condition were ordered on board the American ^barque "Majestic" by Russian marines with rifles and fixed bayonets, and in this I condition sailed away for Puget Sound. 1 That deprived of their clothing and other proper covering, were compelled to sleep in V the hold and other uncomfortable places on board the American barque " Majestic." '0 That the treatment on board the American barque " Majestic " was not such as t should be given to distressed mariners returning to their homes helpless and destitute. That on the arrival of the barque "Majestic" in Royal Roads, British Columbia, "M the master of the said barque " Majestic " claimed the four boats of the said schooner "Willie McGowan," as well as the other boats and all extra provisions remaining unconsumed, which he had compelled the masters and the distressed crews to sign over to him, to become his property. That the said master of the American barque " Majestic " intends to claim some compensation from the British Govcrnmeat.- to which the master of the said schooner I " Willie McGowan " declares he is not in jua^ice entitled to under the circumstances. "P That the master, John Daley, does solemnly and sincerely declare that the foregoing statement is correct, and contains a true account of the facts and circumstances attending the seizure of the said British schooner " Willie McGowan," of Shelburne, Nova Scotia. Wherefore the said appearer, John Daley, master cf the said British schooner " Willie McGowan," on behalf of the owners of the said vessel, and on behalf of liinself and crew, doth protest against the illegal interruption of his voyage, and seizure and confiscation of the said British schooner "Willie McGowan," her boats, guns, ammunition, sroalUarms, appurtenances, provisions, and seal*skins then on board. That the schedule hereunto annexed, and marked (A), is a true inventory and valuation of the actual loss sustained by the forcible seizure and confiscation of the said schooner ; and on behalf of the owners and all concerned, the said John Daley, master of the said British schooner " Willie McGowan," appeals for restitution and damages to the full amount of the loss sustained. (Signed) JOHN DALEY, Master, schooner " fVillie McGowan." Sworn hefore rae at Victoria, British Columbia, this Gth day of September, 1892. (Signed) A. R. Milne, Collector of Customs, Port of Victoria, B.C. In the matter of the seizure of the schooner " Willie McGowan." Port of Victoria, British Columbia. Affidavit. Thomas F. F. Moore, a native of North Sydney, Nova Scotia, and whose present residence is Victoria, British Columbia, personally appeared, and doth depose and say as follows : — That he joined the British schooner " Willie McGowan " at Cape Tonki to serve iu the capacity of mate. That the schooner "Willie McGowan" is a British schooner, registered at Shelburne, Nova Scotia, and the master being John Daley, a native of Cape Breton, Nova Scotia, but whose present domicile is Victoria, British Columbia. That the said schooner " Willie McGowan " was manned with a crew of twenty-three persons all told, and staunch, strong, and well provisioned. That the voyage was without interruption until the said schooner " Willie McGowan " was to the westward of the line of demarcation as laid down under the Order in Council, "BehringSea Act, 1891." That on the evening of the 18tli July last, whilst the said schooner "Willie McGowan " was under full sail and steering a course of south-cast by south, no land being in sight, the weather being sufficiently clear to see at least 10 miles, saw a vessel at first supposed to be a schooner, but which, on approaching nearer, proved to be a steamer. That the steamer was the Imperial Russian cruizer "Zabiaka" which fired a gun, the cruizer being then aslern 'of the said schooner "Willie McGowan," the schooner'.s head sail was hauled down, the cruizer coming alongside within bO yards, and hailed the said schooner " Willie McGowan," demanding the schooner to lower hei sails. That an armed boat's crew was sent from the Russian cruizer " Zabiaka," which, on hoarding the schooner, searched the vessel throughout, and ordered the master and the rest of the crew to hurry quickly into the boat of the cruizer " Zabiaka," and those of the crew who were slow were shoved and pushed over the vessel's rail in a rough manner by the marines, who were armed with rifles, bayonets, and revolvers. JThat the crew of the said schooner "Willie McGowan" were taken on board of the Russian cruizer "Zabiaka," and the deponent, being mate, compelled to remain by the prize crew sent on board the said schooner "Willie McGowan" from the Russian cruizer "Zabiaka." That the said schooner " Willie McGowan " was taken in tow by the cruiycr "Zabiaka," which towed the said schooner "Willie McGowan" for about ten hours; the tow-line parting, the cruizer " Zabiaka" steamed away. The said schooner " Willie McGowan " with the prize crew on board and the deponent who was compelled to help navigate the said schooner, aiTived at Petropavlovsk on the 27th July last. That the next morning the deponent was ordered on shore by the officer in command of the prise crew on board the said schooner " Willie McGowan," and on landing hnnted re that the foregoin" iumstances attenciin» )f Shelburne, Nova id British schooner on behalf of himself ?p, and seizure and s, guns, ammunition, true inventory and ifiscation of the said >hn Daley, master ot and damages to the 'ALEY, 'Millie McGowan." Jtember, 1892. m p tlie master of the schooner, John Daley, who informed the deponent that things were pry rough, for they had nothing to eat, and that the men were on the point of starvation, ad tilings were hard with tiie deponent until he got temporfiy employment filling water inks and barrels for tlie American barque " Majestic," getting nothing as wages, but ily received enough to cat and a place to sleep. That the rest of the crew of the schooner " Willie McGowan" found some temporary Wnployment in digging ballast from the hill for the American barque " Majestic," getting ibout 80 cents per day, which was to go to buy provisions to feed the crews, which were (ufl'ering for want of food. That the prize crew on the said schooner " Willie McGowan " appropriated the personal clotliiiig of the crew and the deponent, such clothing being worn by the prize crew. That the condition and treatment of the distressed crews at Petropavlovsk was as bad as it could be. (Signed) THOMAS F. B. MOORE. Sworn before me, this 8th day of September, 1892. (Signed) A. R. Milnk, Collector of Customs. Dwan. and whose present depose and say as Tonki to serve in :ered at Shelburne, 1, Nova Scotia, but w of twenty-three f^illie McGowan " Order in Council, schooner "Willie )y south, no land liles, saw a vessel ', proved to be a vhich fired a gun, ," the schooner's s, and hailed the sails. Zabiaka," which, the master and liaka," and those > rail in a rough ers. 1 on board of the o remain by the '1 Russian cruizcr by the cruizcr t ten hours; the board and the t Petropavlovsk cer in command landing hnnted Sir, Victoria, B.C., September 8, 1892. As requested by you, we have measured the distance on the Chart of Behring Sea, as g'ven by you, showing the exact [sic'] where the three British schooners Were seized by the ussian criiizer " Zabiaka." Scliooner " Willie McGowan," latitude 53° 50' north, longitude 167° 50' east, a distance of 42^ miles from Copper Island, the nearest land. Schooner" Rosie Olsen, latitude 54° 24' north, longitude 165° 40' east, a distance of 38 miles from Behring Island, the nearest land. Schooner " Ariel," latitude 54° 1 0' north, longitude 1 67° 40' east, a distance of 30 miles from Copper Island, the nearest land. Yours respectfully, (Signed) JAS. GAUDIN. To the Collector of Customs, j, c. COX. Victoria, B.C. I (A.) 'AKTiCTiLAiis of Claim made by the owners of the Schooner "Willie McGowan," of Shelburne, Nova Scotia, 115 tons register, which vessel was seized on the 18th Julv, 1802, in latitude 53" 50' north, longitude 167" 50' east, by the Imperial Russia'n Cruizer " Zabiaka." Value of the scliooner . . . . . , . . 7 boats, value 120 dollars cnch .. .. ., Outfits for boats, oars, sails, &c., 7 outfits at 20 dollars Outfit of schooner- Salt, 10 tons, at 14 dollnrg per ton . . . , Coal, 1 toas, at 7 dol. 25 c. per ton . . . , Ammunition . , . . . . Sloj) chest . . . , , , Chronometers, 1 at 100 dollars, 1 at 125 dollars.. Insurance on 12,000 dollars, at 4 per cent. Provisions . . , , . . , . Ship-chandlery and ship's stores Guns — 2 rifles, at 25 dollars each . . . , . , 13 Parker shot-guns, at GO dollars each , . 1 brass cannon . . . . . . , . Wages- Paid master, hunters, and crew , . , , Seal-skins — 73 on board when schooner soized, nt 14 dollars each Total claim :)_ Dol. c. Dol. c. • • 10,000 00 840 00 140 00 980 00 140 CO 72 50 182 30 145 00 225 00 480 00 2,000 00 416 89 3,661 CO 60 00 780 00 100 00 930 00 1,962 57 • • • • 1,022 00 (Signed) 18,646 26 JOHN DALEY, Master. I^- ■■! ^]" 88 Report Outwards. No. 927. — Port of Victoria. Contents in the schooner "Willie McGowan," registered tonnage 115. Registered in port of Shelbiirnc, Nova Scotia, with twenty-three men, J. Daley, master, for this present voyage for North Pacific Ocean and Okhotsk Sea. Cargo tons weight, tons measurement. (Signed) R. P. Ritiiet and Co. (Limited), Agents. Marks nnd Kumben. Shippers. Qiinntity nnd Doicription of Gouds. UulluHt nnd stores and bunting outfit. Value. Consignees, I, John Daley, master of the vessel above named, do declare that the contents above written, now tendered nnd subscribed by me, is a just and true account of all the goods laden on board my vessel for the present voyage, and of the names of the respective shijipers and consignees of the said goods, and of the marks and numbers of the packages containini; the same. (Signed) JOHN DALEY, Master or Purser. Signed, sealed, and delivered before me, at the Custom-house, port of Victoria, tiie ISthdayof May, 1892. (Signed) J. AiiMSTRONQ, Collector. In the matter of the seizure of the British scliooner " Willie McGowan " by the Russian cruizer " Zabiaka." I, John Daley, of the city of Victoria, in the Province of British Columbia, master of the above-named schooner " Willie McGowan," do hereby solemnly declare : — My vessel is a British vessel, registered at Shelbiirne, Nova Scotia, at 115 tons; cannot tell date. It is owned by W. H. Moovc and Co., of North Sydney, Cape Breton. Have been in command of said schooner fince leaving North Sydney, from wi)ich p((rt I cleared on the 2nd Decerr.b.r, 1891, bound for Victoria, British Columbia. Arrived at said port about the 2nd May, 1892. Cleared at the Customs at said port on the KJt'i May for a voyage of hunting and sealing in the North Pacific Ocean, with a crew of twenty-three, all told. I sealed along the Vancouver Island coast, spoke several vessels along this coast while so doinir, and about the 2!8t June was hailed by Her Majesty's ship "Daphne," was boarded by o(h;er Williams (Lieutenant) of that ship, who showed me tlie line marked on the chart as to the disputed limits of the jurisdiction of the American Government in Bchring Sea. He nlso warned me in writing in my official log-book not to enter said sea under penalty of seizure. I asked him what about that part of the sea west- ward of the seas in dispute between the English and the Americans. He said, " Provided you keep the proper limits I don't know of any danger." I understood by that, and by what the Customs authorities at V^ictoria told me, that if 1 kept outside the'3-league limit of the Russian territory I would be safe in sealing from molestation by the Russian Government. 1 then sailed towards the Connnander Islands, which are Copper and Behring Islands, in the North Pacific Ocean. On the 18th day of July, 1892, about 5-40 p.m., latitude 53° 50' north, and longitude 167° 50' cast, or near thereabouts, a Russian cruizer (man-of-war), called the " Zabiaka," fired a shot alongside, she being in the rear, and overtaking us, and brought us to, came alongside (about 50 yards off), and an officer on board of her spoke to me and told me to lower all my sails, and I then lowered my sails (at the time that the order was given I saw that it was a Russian vessel by her flag) without resistance or delay. The oflicer then had a boat lowered, which being filled with officers and marines (having fixed bayonets and revolvers) came alongside us, and all boarded my vessel so .:,A S3 115. tn, J. Daley, master, Limited), Agents, Consignees. the contents above ■ all the goods laden respective shippers (ackages contiiiniii^' DALEY, {aster or Purser. )rt of Victoria, the by the Russian jlumbia, master of are:^ itia, at 115 tons; ni'y, Caue Breton, from wiiich port I iibia. Arrived at port on the Kit'i n, with a crew ot' ike several vessels ler Majesty's ship 10 showed me tlie of the American il log-book not tn t of the sea west- said, "Provided d by that, and by the 3-league liniit by the Russiim arc Copper and th, and longitude the " Zabiaka," mght us to, came e and told me to ' was given I saw :ers and marines led my vessel so ilmed. I asked the first man who boarded, who was an officer, in English, if he wanted fsce the ship's papers, and what business he had with me. In answer, he said, in English, at I would have to take my ship's papers and the crew on board the " Zabiaka." I |ked him if he intended to seize my vessel. He said he didn't think so, but I would pive to go aboard and see the Captain. ,„ In the meantime the officers and marines were putting my crew down by force into ^e boat without giving them time to get their clothes or anything else belonging to them, jwent to my cabin and got the ship's papers and put them into my pocket, and while doing t/^ some officers and marines came to my cabin, and, being armed, hurried me off, saying, ""Get up, go into the boat." T got into the boat, asking them what was wanted on board t^e "Zabiaka," when an officer in the boat sail, in broken English, that he didn't think tRe Captain was going to detain me. All my crew and myself were forced aboard the boat except the mate, who was kept on board my vessel, and a prize crew was left with him in charge of the vessel. We were all rowed over to the "Zabiaka," forced on board of her, and the Captain of the "Zabiaka" lent for me as being the master. I was conducted along the deck by armed officers and marines to his office, my crew being sent along forward. , He (in English) first asked me if I was the master of the vessel. I said "Yes." He then asked n.e for the ship's papers. I gave him them, and he looked at the clearance and articles, and said I was sealing in Russian waters. T told him 1 was not sealing in Rnssiau or disputed waters, that I was sealing in the Pacific Ocean. I told him I had papers fiom Her Majesty's ship " Daphne " sb.owing the disputed waters. I handed them to show him, he took them, read them, and never returned them to me. After he read the papeis, I asked him if he intended to peize the vessel, claiming to b6 50 miles south cf the Copper Island, which was the nearest land. He said " Yes ; it makes no difference, 1 will seize from 1 to 1,000 miles anywhere arpund the Russian territories." He repeated this statement then once, and afterwards tbree or four times. He further said: "It is no use saying anything; you have no business here." He then oaid, without giving me a chance to say anything, " Go to your room," and spoke in Russian (which I do not understand) to some one of the officers or marines. Spaie officers and marines then took me away to a room near the Captain's office, which wia then occupied by the master of the " C. H. White " (an American schooner seized hi the "Zabiaka "), and left nie there with a guard of armed marir.es at the doors and Windows. About a half-hour elapsed between the time of boarding ind the time that my velsel was taken in tow, which was being done while I was talking to lii.-: Captain. "^ My crew was kept forward on one side of the deck and the American's schooner's ci|w on the other, and the two crews were kept separate, not allowed to mi.^c, as I am iHjformcd, and I was kept from communicating with my crew. . My vessel was then towed towards the westward in the direction of Petropavlovsk, a Rflssiau port, for about ten hours, when the hawser parted, the sea being very rough, I 80^ the vessel break adrift from the " Zabiaka," which then steamed on, leaving the vALEY, \ illie McGowan." we at tlio citv of 1892. loudslead of mission nppoinlcd schooner " Willie II Government in Eastern Siberia on en to the criiizcr 1892 (No. 1425), Commander of the t to Vladivostock ovsk, and allowed n her arrival at c spare boats and le benefit of the f the Commander (C.) 'r This is Exhibit " C " to the declaration of Jolm Daley, taken before me at the city of Victoria, British Columbia, this 5th day of September, a.d. 1892. (Signed) AuTiiuii G. Siirrir, Notary Public, British Columbia. Port of Pelropavlovsk, Kamschatka, Russia. " This agreement is hereby made and entered into by and between N. 0. Lorentzen, of the American barque " Majestic," of San Francisco, party of the first part, and officers and crews oi' the Canadian schooners "Willie McGowan," of Shelburne, " Rosie Olsen " and "Ariel," of Victoria, now captured by n Russian cruizer and detained in this port, parties of the second part : — 1. The said master of the barque "Majestic" agrees to receive on board the said barque, as passengers, the said parties of the second part, and convey them to some Puget Sound pit (American or Canadian), at the option of the master of the barque "Majestic." 2. The said master of tl. ; barque " Majestic " docs not agree to furnish said CBSengers with any other accommodation than as may be found in the hold of said rque, nor with any provisions, water, or other stores, except such as have been or shall yti be put on board by said passengers, or for their benefit and behoof by the Commander of the cruizer " Zabiaka," their captor. 3. If through any stress of weather or other accident incidental to the danger ft* navigation, the master of s^'d barque should deem it necessary to put in and land said pisseiigcrs at any other port, the said barque or her owner shall not be held responsible to •ikid passengers for anything. 4. As the said officers and crew of said schooners " Willie McGowan," "Ariel," and ** Jlosie Olsen " are left in this port destitute and distressed, and as there is no Repre- ■ttltative of the Government here, or within the reach cf communication, they do hereby most earnestly request and petition the Government of the Dominion of Canada to pay the owner of said barque " Majestic," or his order, such sum as may be right for their passage home. 5. The said passengers hereby bind themselves to the said master of the barque *' Jklajestic," or to whoever shall go as master, to submit respectfully to be governed by uph orders and commands as he may give for the peace, safety, and good order of all on HSrd, and at all times to give their aid in preserving order, or doing anything he ^e master) may deem necessary for the common good. Also to abide by his directions for the serving out of provisions and water, and never toitakc any provisions or water except as served out to them. Also to regard all provisions put on board for the benefit of captured crews as UJ|onging alike to each and all. : J^ G. In case of any crimes or disturbances occurring on board by any of said passengers, {j^ matter shall be decided by a Board of three, composed of the master of said barque tu£i two of the officers of the captured schooners, to be appointed by him ; and any lision given by such Board we do hereby promise and agree to abide by without any eal or recourse to any Court, and without holding said barque or her owner responsible refor hereafter. 7. The water-casks, stoves, cooking- vessels, boats, and oars now on board said barque lajestic," and furnished by said cruizer " Zabiaka " out of thn captured sealers, are the bperty of said barque " Majestic," as also any stores that may remaia over whei; the is ended. miW 88 Here tlien follov tlic signatures of master, ofliccrs, ami crow of " Willie McGownn, "Ariel/' and " Rosio Olscn." Dated nt PeUopavbvsU, 8tli August, 1892. (Signed) N. C. LORENTZIOV. Munter of the Barque " Miiji-stiv," (D.) This is Kxliibit (D) to tic dedarntion of John Daley, taken before me at the eity ol Victoria, British Columbia, this 5th day of September, a.d, 1892. (Signed) AuTiiUH G. Smith, Xolanj Public, British Columbia. B«5 it remembered that I, John Daley, master of the British 8choi>ncr " Will McGowan," registered at Shelburne, Nova Scotia, Dominion of Canada, of tlic register, tonnage of 115 tons or tl;eieabouts, which was seized and captured by the In, peri. Russian cruizcr "Zabiaka" on the 18th day of July, a.d. 1892, in latitude 5'^ .'jO' iiou and longitude ]()7" 50' east, or tiiereabouts, do hereby most earnestly and sulcinn protest :— 1. Against the seizure of said schooner upon the high seas. 2. Against the retention by the said cruizer, or her Commander or oflicers, of tiic j;i' schooner " Willie McGowan," her outfit, furniture, or cargo. 3. I also specially and particularly protest against the seizure and retention b the said " Zabiaka," or her officers, of any of the personal effects of myself, my otliccr- or crew. Dated at I'etropavlovsk, Kamtchatka, this 5th day of August (24th July). (Signed) JOHN DALEY, Master, British Schoo'^cr " WlUle McGowan." (Translation.) I have received a copy of this protest this day, 25th July, Petropavlovsk. (For the Head OtJicer of the District), (Signed) AvuoiENKO, Assistant. ••1 ■t In the matter of the seizure of the schooner " Willie McGowau " by the Russian q\uu. "Zabiaka." I, Charles II. White, of the city of Victoria, iu the Province of British Coluiiibi seal-hunter, do solemnly declare as follows : — I was engaged as a seal-hunter on board the said schooner. On the 18th d.iy July, 189j, about 5 p.m., I sighted a steamer following us. Wc put on all sail, 1. the steamer kept overtaking us and fired a blank shot, but in what direction 1 do i. know. Tiie Captain ( Daley) then came up and told us to go below, so as not to muk' big crowd on deck. We went below, and about ten minutes afterwards l heard a slix shot, then I heard the captain giving orders to heave-to. Tiien I came on deck and li vessel was hove up head to the wind, and the steamer came up on our weather bow, do. enough to hail us, probably about 50 yards or so away. An officer on the bridge of t: steamer, which was Itussian by her flag, sung out to us to lower all sails, which was do: imtnediately. Then a boat came over from the steamer with three officers and al>u fifteen marines on board, all armed with riHes and bayonets, upon our lee side, bouKk us, and two of the officers went down into the cabin and the marines scattered along ti deck. The officers came up and told Daley to come down and show them the hold, ai when they came up, which was about five or ten minutes afterwards, one of the odicc:: spoke in Uussian to the officer left on the boat. Then the officer on the boat, beckoiiiii; to Daley, said, "Captain, your papers;" to which Daley answered, "You want i: papers ?" To which the officer replied, " Yes, and yourself also." Then we were i driven off the deck by the marines with fixed bayonets into the boai and taken overt the steamer without being allowed to take anything but what we had on. We were tli;i all formed in line on deck and counted, and the marines, ordered by the office' asl believe, searched all of us and took away our knives and matches, which vvere neve >f « Willie McGowiii -ORENTZiOX, Barque " Maji-.slic," I'C me at llic citv ol A.D. 1892. ish sclioonci* *' Wili lada, of the regi>tc'i, ured by the lii,p;i: latitude 5'^ .')0' noi; i-nestiy and solciiir. or officers, of tlic sai ure and retention l> >f myself, my olliccr. 4th July). 1.EY, Master, Willie McGowuH." )avlovsk. the Russian crui/. ; )f Britisli Cuhiiiibi On tiie IStli d,iy put on ill! sail, i . t direction I do n. so as not to nmki' ards I heard a shar, ime on deck and ti: r weather bow, clov on the bridi(e of tL ails, whicli was do:! ; officers and al)!. )ur lee side, boaidc 5 scattered along tL Ihem the hold, ac. I, one of the odia:: the boat, beckoiiiii. 3d, "You want n; Then we were i 'il and taken overt on. We were tliei by the office' asl I, which were neve rrturned to me or some of the others. We were then nil marched forward, except the etptnin, wlierc we stayed on deck about one hour, not being allowed to go below. Then cne of the petty officers beckoned to us to follow down below between decks, which we dM, nnd there found the crew of the "C. H. \M)ite," from whom we got something to eat, which was ail we got that night. We sle|)t on the lockers, some of us on coats Iwnrd us by the crew of the steamer, and some on boards. The next day we got only hard rye bread and weak coffee for breakfast; for dinner, BOup, with grease stewed in it, salt beef, and hard tack ; for supper a sort of porridge was j^iven us, wiiicli none of us could rat. The above was the daily faro until we got to BBtropavlovslv, and until we gof ashore. All my jjropcrty that 1 had on board, to the value of about GO dollars, outside of ■cone clothes that I managed to get together, it having been taken out of my berth and «ptittered around by the Russians, was, I believe, stolen or appropriated by the •*Zabiaka's " officers or maiines. Tiic account of the treatment that wc received at Petropavlovsk and on board the "Majestic," as appears by the statement, made the 5th day of September, of John Daley, qur master, which I have read, is correct and accurate in all particulars. At no lime during the whole voyage up to the time of seizure did I myself or any df the otlier members of tlie crew engage in sealing, or attempt to do so, within at least M miles of Russian territory. And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the " Act respecting Extra-Judicial Oaths." ■ (Signed) CHARLES H. WHITE. Declared before me at the city of Victoria, in the Province of British Columbia, this Cith day of September, 1892. (Signed) Arthur G. Smitet, Notary Public, British Columbia, (Seal.) In the matter of the seizure of the British schooner " Willie McGowan " by the Russiaa cruizcr " Zabiaka." I, Thomas Frederick Bernard Moore, of North Sydney- Cape Breton, do solemnly dipclare as follows :— • ii I shipped as mate on the above-named schooner. I have read the declaration of flohn Daley), master of the above-named schooner, made the 5th day of September, 1892, abd hereby conlirm the first two pages thereof as being true and accurate in all respects, tuad the remainder thereof, as far as the facts th( rein stated, are within my personal Ifnowledge. . : I was tie only member of the crew of the " W^illie McGowan " that was left on the Hbooner with the Russian prize crew. On the way to Petropavlovsk, after the hawser parted (as stated in the said declaration of John Daley), I had a conversation with the officer who was second in com- iaand of the prize crew, and who was the only one of the said crew who could speak ^nglish so as to be understood by each other. I asked him by what right the schooner #ad been seized, and he replied that he didn't know. 1 asked what the limits of the pussian waters were, and he said, " All the Kamtchatka Sea." At this time we had fffore us a Russian Chart of the North Pacific Ocean, and he pointed out on the Chart as le Kamtchatka Sea what on our Charts is marked as part of the North Pacific Ocean. is he pointed them out on the Chart, the limits of this Kamtchatka Sea embraced the raters between the line inclosing the disputed waters known as the Behring Sea and the lussian mainland, and as far south as the Knrile Straits. He said that these waters were «U Russian, and he further said that the Russians would seize all schooners found within Ipiose limits. And I make this solemn declaration conscientiously believing the same to be true, knd by virtue of the "Act respecting Extra-Judicial Oaths." (Signed) THOMAS F. B. MOORE. Declared before me at the city of Victoria, in the Province of British Columbia, this Bth day of September, A.O. 1892. (Signed) Arthtje G. Smith, , - • Notary Public, British Columbia. v .'• ,„ •il^ In the matter oi" the seizure of the schooner " Rosie OUcn." Affidavit. On the 6th day of Septeinhcr, in the year of our Lord 1892, personally nppiiircd and presented himself at the office of Alexander Hovvland Milne, Collctor of Custon,; ut the port of Victoria, British Coiumhia, Michael Kcefe, nuistcr of tiie Hrilish schoont, "Rosie Olsen," official No. 97152, and registered at the port of Victoria, Brilisli Columbia. By the instrument of affidavit hereinafter contained — Be it known and made manifest that Michael Kcefe, master of the schooner " Rosie Olsen," belonging to the port of Victoria, British Columbia, doth duly and solemnly swear and state is follows, tliat is to say : that the said Britisii schooner " Rosie Olsen," a vessel of 39 tuns rcj^islered tonnage, schooner rigged, and having a crew of six wliitc men and sixteen Indians, the vessel being tiL'ht, staunch, and strong, well maniid, victualled, and sound, and in every res|:ect fit to perform the intended voyage. That the said British schooner " Rosie Olsen " was regularly cleared in due form at the port of Victoria, British Columbia, in acrordance with the laws of the Dominion ol Canada, on the 4th day of February, 1802, for a voyage to the North Pacific Ocean, and having on board ballast and stores, and hunting outfit. That the said schooner " Rosie Olsen " sailed away under every prospect of a success. ful voyage, and that she proceeded to cruize on the waters of the North Pacific Ocean, pursuing her legitimate hunting on the open ocean, far beyond any limitation to huntin,- or fishing on the open high seas. That on the 6tli day of June the said schooner " Rosie Olsen " was boarded by a Lieutenant from the United States' cruizer " Adams," who warned the master of the said schooner " Rosie Olsen " not to enter Behring Sea, and showed the master of the said schooner "Rosie Olsen " a Chart of the Behring Sea, with the line of demarcation marked in red, and if caught sealing to the east of said line his vessel would be seized; and wiieii the master of the said schooner " Rosie Olsen " informed the Lieutenant of the said United States' cruizer " Adams " that he was going over to the west of the line towards tiie Commander Islands, and was then informed by the Lieutenant of the said United States' cruizer "Adams" that he thought there was no danger of seizure by the Russians providing the master of the said schooner " Rosie Olsen " did not get too near tlie shore, and when asked what the limit was, the said Lieutenant replied, " Go where you like as long as you keep clear of the east of that line, or outside the S-milc limit of the Aleutian Islands." On the 9th day of June last the master of the said schooner " Rosie Olseu " was hailed by the United States' steamer •* Mohican," and warned in the same way. That the said schooner "Rosie Olsen," on tiie 2Cth July last, whilst lying-to in latitude 54° 24' north, and longitude 1G5° 40' east, about 38 miles off the west coast of Behring Island, was hailed by the Russian Fur Company's steamer " Kotik," which had on board the Governor of Behring Island, whose name is Grcbnitzky ; was ordered to come on board the said steamer " Kotik," and bring his i)apers with him, which, after being examined, the said Governor of the Behring Island informed the master of the said schooner " Rosie Olsen " that he was going to land and confiscate the skins, as having been taken in Russian waters, but that he would not confiscate the vessel. That the said schooner " Rosie Olsen " was taken in tow by the said Russian Fur Company's steamer "Kotik," and after steaming around to pick up the crew of the said schooner " Rosie Olsen," which were out in the boats, proceeded to Behring Island. That whilst on board the said steamer " Kotik," the master of the said schooner " Rosie Olsen," the Governor of Behring Island drew out a paper, written in Russian, which he asked the master, Michael Keefe, to sign, and if the master of the said schooner '* Rosie Olsen " refused to, he would be sent to Vladivostock to stand trial for illegal sealing in Russian waters, and also that the said master, Michael Keefe, could protest if he liked, but that if any lengthy protest was made he would have to stand trial, and the less he said the better; under this threat and menace of punishment, the master of the said schooner "Rosie Olsen" signed the document under protest. That the master of the said schooner '• Rosie Olsen," as well as his crew, with the exception of two men who were left on the said schooner, were ordered on board the said steamer " Kotik," which steamer then steamed for Petropavlovsk, arriving at that port on the 28th day of July last. That on arrival at Petropavlovsk the said master of the schooner " Rosie Olsen " )l8cn." , personally appeared Z!ollef;tor of Custon.j tlie Hrilisli sclioontT of Victoria, Briti,!, the schooner " Rosic duly and solciimlv oner " Rosie Olsen, a crew of six white rang, well manned, I voyage. ared in due form at of the Dominion of h Pacific Ocean, and rospect of a success. ^orth Pacific Ocean, imitation to huntin' was boarded by a e master of the said master of the said lemarcation marked e seized ; and when t of the said United he line towards the said United States' -e by the Russians too near the siiorc, • where you liiie as nit of the Aleutian Rosie Olseu " was le way. whilst lyii,g-to in f the west coast of tik," which had on as ordered to come wiiich, after being aster of the said le skins, as havini; 1. said Russian Fur e crew of the said uing Island, d schooner " Rosie Russian, which lie schooner "Rosie ■ illegal sealing in est if he liked, but id the less he said the said schooner lis crew, with the on board the said ving at that port [• "Rosie Olsen" uestcd (n know what would he done with them, and the answer was that the Govcrnoi not know or care what became of them after they were put on shore. ,1 That the master and crew of the said schooner "Rosic Olsen" were informed th t tbcy would have to go to a room at the back of the gaol where the crews of the other Mi/ed NC'iinoner^^ were, numbering in all thirty-eight men, and as the crew of the said iOliooncr numbered twenty, the master of the said " Rosie Olsen" saw there would not be room for all the crew.s. The master, Michael Keefe, then went to M. Malvanonsky, «Hbo, on being informed that there was no accommodation for them all, went to the Mayor, who, after considerable delay, allowed the master of the said schooner " Rosie Olsen," as well us his crew, two small buildings, one for the Whites and th^ other for the Indians. 'I'liat tiie ^kins of the said schooner " Rosie Olsen '' were landed at Hehring Island, numbering ^77, and the master of tliesaid sciiooncr " Kosie Olsen" was informed by the Governor of Bchrinu Island, who was in charge of the Russian Fur Company's steamer, that the skins would l)e sent to London, and sold lor the benefit of the Russian Govern- ment. Tiiat the Governor of Beliring Island did not exhibit or show any document or paper parportim; to be any authdiity from the Russian Government, and the vessel appeared to the s;aid master. Michael Keefe, lo be only a trading vessel, but with a crew sufficiently large to overpower the crew of the said schooner " Rosic Olsen," no resistance being shown by the .->aid schooner, as the master was informed by the officer in command of the said Russian Fur Company's steamer " Kotik " that if resistance was shown Lis vessel wpuld be run down. That suflicient provisions were taken out of the schooner at Beliring Island to supply lb« crew of the schooner until they leached Petropavlovsk, at the earnest request and solicitation of M. Malvanonsky, a resident foreign merchant, and who formerly resided ai Victoria, British Columbia. (. That the Russian Fur Conriany's trading steamer " Kotik," with the master and crew of the said schooner " Rosie Olsen " arrived at Petropavlovsk, on board of whicli was IM. Malvanonsky, who, on arrival there, went on shore to see the Governor, leaving the master and crew of the said schooner " Rosie Olsen " on board. On returning M. Malvononsky reported that the Governor did not seem to know or care what became Of them on going on shore. That the master, Michael Keefe, of the said schooner "Rosie Olsen," was threatened with personal violence by officials of the Russian Government at Petropavlovsk if he did not deliver up his chronometer, nautical instrum:nts, charts, and other personal ffopcrty and effects for the use and benefit of Captain de Levron, the commanding flpicer of the Imperial Russian cruizer " Zabiaka," on threats of being flogged (declined ttt deliver them up). •I That the crew of the said schooner "Rosie Olsen," while in Petropavlovsk, were in «deplorable condition for want of food and clothing, and got no supplies from the Russian olScials, subsisting only on the food they brought with them on leaving their schooner. That on arrival of the master and crew at Petropavlovsk, on the information and intercession of the before-mentioned M. Malvanonsky, a foreign resident merchant, who mited on the Governor of Petropavlovsk, who, for some reason best known to him, pclined to take cognizance of the seizure, and would have nothing to do with the seized phooner, her master, crew, and outfit. On further representation being made bv the mmander of the Russian Fur Company's trading stei>' "Kotik " to the Commander. m Levron, of the Russian cruizer " Zabiakd," who also declined to have anything to do pth the seized schooner, her master, crew, or outfit, but placed a man-of-war's man on ■^ard, and prevented the master and any of the crew going on board the said seized hooner " Rosie Olseu." That at Petropavlovsk, after enduring hardship, and being desirous of reachin<» me. the crew being poorly clad, without shelter and little tood, the master of the said Rosie Olsen, ' conjointly with tiie masters of the other seized schooners, made an ngement with the master of the American barque " Majestic " to crant passatre to gime Pu^et Sound or British port. o t- t, L^ That as they had no ready money, and the master of the American barque " Majestic ' ing veiy exacting, drew up a paper, which was signed by the officers and crew of each tlie captured sciiooners, which in fact they were ready to give away anything and |most everything, to enable them to return to their homes. That after being at Petropavlovsk twelve days, were peremptorily ordeied on board \u..v,o.n KarnM« " Majestic " by Russian marines, with rifles and bayonets. given to provision the crews on board the barque m J|e i^merican barque That the stores [5041 which were a ..■ ( • 1 " Majestic " were given in from the stores of the seized schooners by the order of the Cuptain uf tliu cruizer " Zubiul. Uegistered in port of Victoria, British Columbia, witli six men, M. Keefe, master, tor tliis present voyage for North I'acitic Ocean. « Cargo tons weight, tons measurement. ; Aijriit. Markti nnd ^ Nunibcrs. Sliippcri. (Quantity niul Donoription (if OoodH. Vnluo. CotifciniiiP", I, Michael Kccfe, master of the vessel almve named, do declare that tlu" contents above written, now tendered and subscribed by me, is a just and true account ol all the Sods laden on board my vessel for the present voyage, and of names of t!.c respective ippers and consignees of the said goods, and of the marks and numbers of the p:icUagej containing the same. (Signed) MICHAEL KEEFK, Master. Signed and delivered before me at the Custom-house, port of Victoria, the 1st (h\ of February, 18')2. (Signed) J. Armstrong, Collector. Particulars of Claim by the Owners of the Schooner " Rosie Olsen," of Viotoria, Britisli Columbia, 40 tons register, seized on the 20th Jidy, 1892, by the Russian IniMcrial Cruizer "Zabiaka," in latitude 54° 24 .lorth, longitude 105" 40' epst. I schooner " Rosie a, of the registered y the Russian Fur ig Island, on the ! 165° 40' east, or 'ernor of Bchrins ler " Rosie Olsen," i retention by the r the Conmiander elf, my officers or f July). , Master, "Rosie Olsen." ivlovsk. Schooner— Value of schooner . . . , Boats— 2 boats at 110 dollars each . . . . Outfits to ditto, at 20 dollars. . Canoes — 9 eanoes at 25 dollars each . . . . Outfits to ditto, 9 at 17 do). 50 c. each Outfit of schooner — Provisions . , . , . . Ammunition . . . . , , Insurance premiums paid . . Salt, 8 tons nt 14 dollars per ton . , Slop-chest and poods for trading .. Coal, 6 tons at 7 dol. 25 c. • . Ship eliandlery . . . , Guns — 10 shot-guns, at 35 dollars each 1 ditto .. 1 ditto . . Wages — Paid to captain, h-mtcrs, and crew Seal-skins— 377 skins on board when seized, at 14 dollars each Total claim Dol. c. Dol. 0. •• 8,000 i, Victoria. Have been master of said vessel since January 1892. On the >Stli Febniuiv 1892, I set sail with said fcliooner, havini; cleared from Victoria on the 4th February,!. iv scaling; voyage, with a crew of six white men. Went to Esjieranza Inlet, on the wc- coast of Vancouver Island, and there took on sixteen In'jian seal-hunters. Left the inli on the Lt\\ May, after having sealed on the coast, for tlie North Pacific Ocean„('or whitl. i had my clearance from the Collector of Customs at Victoria. After scaling along the British Columbian and Alaskan coasts, on the Gth June ] «,,. hailed by the United States' cruizer " Adams," ordered to heavc-to, which I did, and an oflict (a Lieutenant) boarded my vessel and gave me [japers warning me not to enter liehiih. Sea, and wrote on my register that he had done so. He showed me on a Chart of BLJiiii.^ Sea a red line, to the east of which he said was the disputed waters, and, turther, that ; would not be allowed to seal there, and if I was caught sealing there my vessel would k seized by either the English or Americans. I then told that I was going over the wcyt o' the line towards the Commander Islands, and I asked him if he thought there wa> ;ii; danger of seizure by the Russians. He said he thought r.ot, provided 1 kept clear of tl shore. I understood by that if I did not land at the rookeries I would be all right. I asked him w hat the limit was, and he replied that he didn't know whether there u, any, and if any, what limit. In conclusion, he said, "Go where you like as long as yc keep clear of the east of that line, or without the 3-mile limit of the Aleutian Islands." On the 9th June, afterwards, I was hailed by the United States' cruizer " .Mohicai,, and warned in the same way. I also understood before setting out from Victoria, from several persons, including tL President of the Sealing Association, thai I was safe in sealing outside the disjjuted wuti- and (mtside 9 miles from any Russian territory. When hailed by the "Mohican" I was near Kadiak Island. Then I went ii,; harbour, and having taken on water, left on the 20th June, on a course towards the Con. mandcr Islands. 1 sailed around them, at no time being nearvir than 20 miles, generallv greater distance, and on the 2(kh July I was lying-to in latitude 51 24' north, and loiiui- tudc IC"/ 40' cast, about 20 miles off the west coast of Bchring Island, when [ was haik by the Russian steamer " Kotik," which had on board the Governor of Behring [s'iii.i; whose name was Griiuiniski. lie asked me in English to come on board and show hii my papers. I did so, not thmking that there was any objection to doing so, and tli[' perhaps, he was going to warn me not to come too close to the islands. He examined my papers. 1 asked him if they were all right, and he said "Yes.'' i then asked if he was done with me, and if I could return to my schooner. He su that he was done with me, but that lie would go with me on board my schooner to mc i: I had any fresli skins on board. Then, changing his mind, he said he would leave me ( the "Kolik" while he went aboard my schooner to examine. This was done, and i,> came back, and upon my asking him what he was going to do, he said he was going to tov the schooner into Behring Island. I asked him what tor, and if he was going to seize lici and he replied " No," but that he was going to stop me from sealing. I then asked hii why he was taking the vessel to Behring' Island, and he said he was going to land and tm tiseate the skins as having been taken in Russian waters, but that he would not conlisca' the vessel. He thin had the vessel taken in tow, and after steaming around to pick up my ik . which were out in the boats, proceeded to Behring Island. On the way he drew out : j)aper, written in Russian, which he translated to me, stating the time of seizure. Ini' nothing as to the place (except the number of hours the sieamcr was coming to me alt-' sighting me), and the number of skins I had on board, which was 377. There was also i it some extract or other from a Law, issued by the Governor-General of Eastern Siben. prohibiting sealing and trading in Russian waters without u licence. There was nior in it that I do not recollect. He then asked me to sign it, which I refused to iIk protesting against the seizure. He said that if I didn't sign it he would have to seiii! me to Vl&divostock to stand my trial for sealing ilio;^aUy in Russian waters, and, further that I could protest if I liked, but that if I made any lengthy protest I would have to stin ' my trial, and the less I said the better it would he for me. I signed the document after having written on it a protest to the effect that 1 admittoi the number of seal-skins that were on board, but nothing as to sealing in Russian water- J 46 e Russian .steaiiu as I'ollorts : — Columbia, at alioi, \ Gray, niacliiiiiv|, •n tlic Ntli Febiiian lie 4tli February, o '.a Inlet, on tbu \v[v teis. Left the inle :; Ocean„l'or wliicli i I the Gth June ] «„. Ii I did, and an oflicx )t to enter Belnih. 1 a Chart of Dehrii,; and, further, that ; my vessel would h i»g over the uc.-t o ught there \va- ;ii; I 1 kept clear of tl be all right, w whether there u, like as long as yc eutian Islands." cruizer " .Mohicni.. irsons, including th- tlie disputed wiitf Then I went iht c towards the Con ■ miles, generally 4' north, and lon;;i- , when [ was haik of Behring [s'aui, oard and show hii doing so, and tli;- le said " Ye.s.'' i chooner. He .-;ti schoontr to slc i; would leave nif (■ was done, and l.v e was going to tov going to seize iici I then a!?ke(i iiii ; to land and kh juld not conlisca' pick up luy eu . way he drew nut , ne of seizure. Inr L'oming to me iilt>' There was alsn f Eastern SilKii, There was luor I refused to di. luld have to >v\v nters, and, furtliir ould have to stiH !ct that 1 admitti in Russian water- §f as to the Governor-General's Proclamation, and stated that T was in the North Pacific flicean at the time of the seizuiv. X Griminiski read what 1 had written after I had signed, and remarked that there fas no North Paeific Ocean there, that it was all Russian waters, to which I said 'fpothing. No further talk took place between us until we got to Behring Island, which jfas about 11 p.m. He then ordered myself and my crew (except two of my men, who lere left on the schooner) to go on board the schooner "Kotik' wi.h our belongings b go to Petropavlovsk, and said that the schooner would also go there, lie said to take •Ihough provisions out of the schooner to last me and my crew about ten days, Mnd that the balance would, by request from him to the Governor of Petropavlovsk, "Ite returned to us on the arrival of the schooner. He also said that he would pay tlu; ^ihdians for their eight canoes, and that all our personal property would be given to us. •I'hese promises he made through the intervention of a M. Malvonosky, a fom .r resident. '^ Victoria. ;'' The "Kotik" then set out at 12 p.m. for Petropavlovsk, where we arrived on th; IjKth July, and the captain and .Malvonosky went ashore to see the Governoi', leaving iw 'on board. When they [f/^* back I asked Nialvonosky what we were to do. and lie said that we had to go ashore, ano that the Governor did not seem to know or care wiiai; ifould become of us after we got ashore. ■ '' We understood, and Malvonosky told us that wc would have to go to the rojiu af. '^e back of the gaol where the crews of the other vessels that hud been seized were ; there were thirty-eight men in these two crews. 1 went to said room with my men (to the number of twenty) with all our baggage, and looked at the place and saw at once that there was no room for us. I then went to Malvonosky and told him that there wa.^ no accommodation, and he went to the Mayor (as he told us) and brought him to me, and explained to him in Russian, and after a good deal of talk we were allowed by the Mayor to go to an old disused hospital where the Indians went and stayed, while M. Malvo- nosky allowed the Whites among us to use a store owned by him. We then returned to Victoria by the " Majestic," and having read Mr, John Daley's declaration dated the .Otli •Aiy of September, 1892, of how we came to get on board of her, and the treatment that #as accorded to us by Captain Lorentzen, I corroborated the same in all respects. Tiic Deper marked (C) was given me by Captain Lorentzen, '" Before leaving Behring Island on board the " Kotik," Griminiski promised that i lihould have, on the arrival of the schooner at Petropavlovsk, my chronometer (wortlL '900 dollars) and other nautical instruments and charts and other personal effects. Ou Ihe arrival of the schooner at said port I went aboard and took all these effects, with all m> %hite crew, who also took their belongings, the officer in command who was put in charge % Behring Island being present, and making no objection, as he knew about Griminiski',' promise. The day after this officer came to me and stated that he was sent by the Captain of |be "Kotik" to get my chronometer, as the Captain of the "Zabiaka" (De Levron), n Jlussian cruizer in port, wanted it. I declined to give it up until 1 saw fut-ther about it. ^hortly after the Captain of the " Kotik " came to me himself and demanded the liu'onometer, through an interpreter, saying that De Levron wanted it. I refused to give saying that Griminiski had allowed me to take it, and that I was going to keep it unless- ft was taken from me by force. The Captain then said he had no doubt that force would ling Island village. I tb'Mi fastened the tow-line, and the steamer proceeded to nicel t!.' eanoes that had not yet got hack to the schooner. After they were picked U]), we were towed to the village. .Alter the steamer had anchored, the Governor, Captain, and officers of the steamer, and M. Malvonosky and Captain Keefe came on board the schooner, leaving two sailob on board the " Kotik." The captain (KecCe) tluMi told us we had to pack up our belongings and go on hoard the " Kotik," which we did. The Governor tohl ns in our cabin that wo could take all our personal property exccpi the guns, which we did. Keefe asked the Governor about his chronometer, when tin Governor told him to leave it on board the schooner for use in going to Petropavlovsl-. and that be (Keefe) could liave it on the arrival of tlie schooner at Pctropavlovsk. We were treated well enough as '"gards food and bedding through the intervention oi .M. ^^,dvonosky and the first mate o'. ihe steamer until we reached Pctropavlovsk. Alter we got to Pctropavlovsk we fared better tl.an the other crews owing to tlir kindness of M. Malvonosky and M. IJndipiist, who is, I believe, a brother of the firs! mate of the steamer. On the day of seizure and, so far as I know, at all time during the voyage, tliin was no swding done or attempted to be done by any of our men within 10 miles oi Uussian territory, and as far as I could learn, we were seized for being where we were ii; the time. I have read the declaration of John Daley, dated the day of Septeinkr A.D. 18il2, about the agreement, a copy of which is marked "C," tliat was signed by ollieers and crews, and which i signed myself, and the said declaration as far as conccni> the said agreement is accurate and correct. And I make this solemn declaration conscientiously believing the same to be true, aiii liv virtue of " An Act respecting E.\tra-Judieial Oatlis." (Signed) JOHN J. CAMPBELI-. Declared before mo at the ciiy of Victoria, in the Province of British Columbia, this .')th day of September, A.D. 1802. (Signed) Autuur G. Smith, Notary Public, Britisii Columbia. 47 by the [lussian hooncr, do solemiih VI! lowered our hoat* the l)()iits, I saw tb, e wanted on hixnij iinn vessel, steamin; he steamer got clus' hcavo-to and con then lowered a lioat Kolik." After tlm ncct a canoe whicii 1 the boat hoarddi le of Griminiski, ] )nc of his men wcii' tlie examination ili, l)y the liatehwav, t in English if ("Ikh went on deck, aw 77." [jn I asked him ifli, e to be looked into afterwards the l)o;i; li to fasten tlie tow. :re to be towed iiUr r proceeded to meet (vere picked up, we :ers of tlie steamer, leaving two saiioi- d to pack up OIK nal property cxccpi nomcter, when tin j; to Petropavlovsk, opavlovsk. the intervention of opavlovsk. rews owing to tlu' rotlier of the Hist the voyage, there ithin 10 miles nt where we wcro a: lay of Septenilier, at was signed by as far as conecrii> me to be true, ami CAMPBELL. ish Columbia, tlib Jn the mutter of the seizure of the Jiritish schooner " Rosie Olsen " on the 28th July,, m 1892, by the Russian steamer " Kotik. ' M I, William Twomey, of the city of Victoria, a hunter on board the sealing-sciiooner 'i^i^osie Olsen," do solemnly and sincerely declare :— "1^. That I have read the statement of John Campbell, mate of the said vessel, made the h day of September, a.d. 1K92, and the same is to my personal knowledge correct. he only variation in my experience was respecting the sealing guns, two ot which longing to me were fastened together by the (Jovcrnor's orders and given in cliarge of t^ sm)n(l mate of the " Kotik "who had charge of the " Olsen," with tiie promise to nic ||»t i should receive them at Petropavlovsk, which promise was kept. # And I moke this solenm declaration conscientiously believing the same to be true and S virtue of " An Act respecting Extra-Judicial Oaths." (Signed) WILLIAM TW^OMIiY. ' Declared before me at the city of Victoria, in the Province of liritish Columbia, this 9|lh day of September, A..]), 1892. ^if (Signed) A. R. MibNH, Collector of Cusloms. Inciosure 3 in No. 25. Captain 'k'izurd to Colonial Office. (Extract.) IIydro(jrnphic Department, Admiratiij, October 10, 1892. (rt.) "When we found ourselves in north latitude 54" 26', longitude 1G7' .36^' east, near Copper Island in a dead calm, we noticed in the direction of south 25 degrees from the cruizer at the distance of miles an English canvas schooner ' Ariel.' " By this account thu " Ariel" would be then in latitude 54" 21' norlh, longitude 1G7' 31' east, or 80 miles off Copper Island. When in lititude 54° 10' north, longitude 107" 40' east, she would be 27 miles off Copper Island. (/>.) The "McGowan" when first seen would be by the Russian account in latitude ftl° 2()' north, longitude 107" S.^^' east, and 16 miles ofT Copper Island. B When in latitude 53° 50' north, longitude 167° 50' east, she would be 43 miles off @oppcr Island. i No. 26. Admiralty to Foreign Office. — {Received October 18.) Jr, Admiralty, October 17, 1892. I WITH reference to my communication of the 10th instant, I am commanded by my Jiords Commissioners of the Admiralty to transmit, for the information of the Secretary ot ■late for Foreign Affairs, the |)araphrase of a telegram, dated the 17th instant, from the l^aptain of Her Majesty's ship " Lcander." A similar communication has been addressed to the Colonial Office. I am, &c. (Signed) EVAN MACGRECOR. # Inciosure in No. 26. Captain Castle to Admiralty. Telegraphic.) ' ' '-' " Leander," at Yokohama, October 17, 1892, 2"15 p.m. THK two remaining British schooners' crews arrived at Nagasol.i from Vladivostock. PLirty-nine men shipped "Empress of Japan," Vancouver. Five men sent to Hong long. Three joined American man-of-war " Palos." 'Ur. 1! 48 No. 27. Tfifi Ear! of Rosehery to Sir R. ^forier. Sir, Forricfn Office, October 18, 1802. WITH reference to previous correspondence respecting the seizure of British seaiin;. vessels in the Northern Pacific by the Russian authorities, I now transmit to your Excil lency a copy of a letter from the Colonial Office,* inclosing protests and depositions fron the masters, mates, and others on board of the British vessels " Ariel," " Willii Mcriowan," and " Rosie Olsen," respecting their capture and subsequent treatment. If the statements made in these papers are true — and they bear every mark oi auihenticity — it is clear that tiie seizures were altogether illegal, as the vessels had ;it n- time been fishing or seal-hunting within Russian territorial limits. The condemnation o^ the vessels seems also to have been arbitrary and irregular, and the crews while on slion !it Petropavlovsk suffered considerable hardships. You will communicate the evidence to the Russian (iovemment, who have ahcani taken steps for investigating the facts. The observations contained in the letter from tlit Colonial Office, in which I entirely concur, will enable you to discuss tlie matter witli tlit Acting Minister for Foreign Affairs if you should think it desirable. But you will state that Her Majesty's Government prefer to await the result of tin inquiries which are being made before advancing any definite claim on behalf of the owner and crews, and that they have too much confidence in Ihe equity and humimity of tlie Russian Government not to suppose that the Government will ofTer iuunediate aiic adequate reparation if the proceedings of the Russian officers should prove to be ccricclh described in these papers. I am, &c. (Signed) ROSEBERY No. 28. Sir R. Morirr to the Earl of Rosebenj. — {Received October 19.) My Lord, St. Petersburgh, October 16, 1892. I RECEINED last night a note frou^ M. Chichkine, of which I have the honour to tiansmit the inclosed copy herewith, on the subject of the Canadian sealers captured ir, the Behring Sea, from which it would appear that nothing could have exceeded tlie kindness and couitcsy shown to the officers and crews of the captured ships, who iiai requited this exceptional treatment by acts of drunkenness and insubordination. On the all-important point of tlie localities where the ships were captured, beyoiiii 'iiating geneially that it was proved that tliey had poached in Russian waters, notliiii;. IS said, and I have accordingly addressed this day a note to M. Chichkine, of which I Imvr the honour to inclose a copy, in which I ask for infmMuation on this point. I have, &c. (Signed) R. B. D. MORI EH. Inclosure 1 in No. 28. M. Chichkine to Sir R. Morier. Miiiistere des AJf'airea lUnnujeres, Saint-Pe'fersbounj. M. I'Ambassadeur, le 3 (1.5) Octobre, I8l)2. L'AMIRAL KREMER, gerant temporairement le Ministi^re Imperial de la Maiiiu vient de me faire parvenir un Rapport que le Commandant de notre escadre du Paciiiqut lui a adresse par le telegraphe, et ou se trouvent exposees toutes les circonstunccs ayaii' accompagn^ la capture de quelques biUiments de pfiche Canadiens qui se livraiciit an braconnage dans les eaux de h Sib^rie Orientale. Jc m'empresse de communiquer h votii' Excellence ces donnas, qui contredisent absolument les recits mensongers faits par ic> equipages des schooners captures. Ces embarcations dtaient au nombre de six: le " Willie McGowan," "rAricl,"li "Vancouver Belle," la "Rosie Olsen," la "Mary,"et le " CarmoHte." II n'y eut • N». 25. 49 ?, Ocloher 18, 1802. ure of British scalinj. insmit to your Excel. and depositions fron jls •' Ariel," " Willi, uent treatment. bear every mark o; i the vessels had at n( The condemnation 01 crews while on slior lit, who have alread; in the letter from lb > the matter Witli tlit I'ait the result of tin I behalf of the owner. and huuiimity of tlit offer immediate anii prove to be ccricclh n, &c. ROSEBERY ber 19.) October 16, 1892. have the honour li sealers captured it have exceeded tlit jrcd ships, who liai rdination. !rc captured, heyoiio sian waters, nothiiii ine, of which 1 havi oint. B. D. MORIEK. Saint-Pe'fershouiq. i[)2. p(5rial de la Maiiiit. Bscadre du Pacifi(|ui circonstanccs uyant qui se iivraientau lommuniquer h votie ongers fails par h owan," " I'AricI," I te." II n'y eut di iJBptur^s que les schooners convaincus, apr^s inspection de leurs livres de bord, d'avoir p6ch6 dans nos eaux ter.itoriales. Encore trois d'entre eux en ont-ils et^ quittes pour un ivcrtissement. Tous ces navires avaient cesa6 de tenir leurs journaux dc quart depuis tin laps de temps variant de un h quatre jours. Dans les cales de plusieurs d'entre eux on i^couvrit de peaux fralciies, dans d'aiitres des otaries qui n'avr'ent pas encore et^ ^corchdes. JBur les cartes marines se trouvaient marques divers points de^ c6tes de nos ties et des eaux fnvironnantes. Une circonstance digne de remarque c'est que les documents de tous ces Ichooners, sans exception, portaient en note I'injonction, signde par des oflliciers de iseurs Am^ricains et Anglais, de quitter les eaux situ^es du c6td Americain de la ligne le demarcation ^tablie par la Convention de 1867, et de ne plus repasser cette ligne us peine de prise. Leurs habitudes de braconnage etaient done connues des autorit^s ritanniques. t Pendant les perquisitions, les proc^des de nos officiers ont 6t6 des plus corrects. tTransportds sur nos navires, les capitaines et leurs seconds ont ^t^ loges h pari et trait^s % l'4gal de nos officiers, tandis que les equipages recevaient la portion de matelot, y flompris I'eau-de-vie, le thd, et le cafd r^glementaire. lis n'ont 6\ev6 aucune pretention durant leur 6<;jour h bord et n'ont eu, au contraire, que des expressions de gratitude. Les capitaines de la " Mary " et du " Carmolite " ll'oKt pas voulu quitter le croiseur de la flotte Imperiale, " Vitias," sans y avoir laisse des remerciments ecrits pour la fa^on dont ils avaient etd traites a bord de ce b&timent, et £U8 tard, le Capitaine de Frdgate de Livron, Commandant du " Zabiaka, re9ut une lettre ,ns le mfeme sens du capitaine du " Vancouver Belle." (y Aprfes leur debarquement A, Petropavlovsk, la conduite des Equipages de " I'Ariel," tfu " McGowan," et de la " RosieOlsen," c'est-d-dire, des trois schooners mentionn^s dans te^teiegramme de Lord Rosebciy a Mr. Howard en date du 4 (16) Seplenibre, arn^e courante, a ^te scandaleuse. Ces hommes, k qui nos autorites avaient assigne, pour leur entretien, ope allocation journali^re dgale a celle que re9oivent nos marins, se livraient k des actes d*ivrognerie, accompagnes de voies de fait, d'insultes aux habitants, et m^me k des tffficlers. On ne put en venir k bout qu'en requ^rant I'aide du Commandant du ** Zabiaka." II fit retablir I'ordre sans autre ncte de rigueur que de faire Eloigner par la Ibrce le capitaine de la " Rosie Olsen," qui dtait venu Tinsulter dans sa cabine. Ainsi, noa seulement les imputations injurieuses dirig^es contre nos officiers se Irouvent fausses, ce qui ne pouvait, d'ailleurs, souffrir aucun doute, mais encore les t^moignages les moins suspects attestent qu'ils ont \is6 envers des equipages pris en fraude une courtoisie dont la valeur est assur^ment double par cette circonstance. Quant au 'droit indiscutable de nos autoritds de r^primer des d^sordres et des violences, elles n en '0nt fait usage qu'avec une extreme moderation. ' Enfin, sans entrer dans des considerations de principes, je me permettrai de faire .observer k votre Excellence que nos croiseurs ont le devoir d'autant plus strict d'exercer hi protection qui leur est confiee, par tous les moyens efficacement employes contre les Wpines sur mer, que les braconniers Canadiens, gends du c6te de TAmerique, se sent fisiblement rabattus sur nos eaux. Leurs mefaits ont deja, porte de graves prejudices aux pficheries Russes de la Mer de Behring, dont le rendement a considerablement diminu6 pendant I'annee courante. En portant ce qui prdc^de a votre connaiss-^nce, je saisis, &c. (Signe) CHICHKINE. (Translation.) [. I'Ambassadeur, Foreign Office, St. Pelersburgh, October 3 (15), 1892. ADMIRAL KREMER, temporarily in charge of the Imperial Ministry of Marine, IBS just communicated to me a telegraphic Report addressed to him by the officer in .ommand of our Pacific Squadron, which contains a statement of all the circumstances which attended the seizure of certain Canadian fishing-vessels engaged in poaching in the Waters of Eastern Siberia. I hasten to place your Excellency in possession of these facts, Jfchich entirely contradict the untruthful accounts given by the crews of the captured Ichuoners. i These vessels were six in number: the "Willie McGowan," the "Ariel," the Vancouver Belle," the " Rosie Olsen," the " Marie," and the " Carmolite." The only fchooners seized were those which, after an inspection of their logs, were convicted of having fished in our territorial waters ; and three of these were let off with a warning. i\\ these ships had ceased to make any entries in their log-books for a period varying from Ine fo four days. In the holds of several of the ships fresh skins were discovered, md on board others seals which had not yet been skinned. Various points on the [604] H TyfT 00 coasts of our islands and in the surrounding waters were marked on the charts, It is a circumstance worthy of notice tliat on the papers of all these schooners. without exception, was an order, si'j;ne(l bv tlic ofhccis of the American and British cruizers, requirinj? them to leave tlie waters situiited on the American side of the line uf demarcation fixed hy ti)c Convention o( 1807, and not to recro^s tliat line on pain of seizure ; their hahit of poaching was therefore known to tiie British authorities. Nothing could be more regular than tiie action of our oflicers while engaged upim the search. The masters and their seconds in command, who were brought on hoard om ships, were given separate quarters and treated on equal terms witli our officer^, wliilst the crews received sailors' rations, including the regulation allowance of brandy, tea, and coffee. They made no complaint while they remained on board, but, on the contrarv, expressed their gratitude. The masters of the " Mary " and the " Carmolite " would not leave the cruizer without leaving a written expression of thanks for the way in which they had been treated on board that vessel, and Captain de Livron, commandiiii; the " Zabiaka," subsequently recoiveil a letter in the same sense from the master of the " Vancouver Belle." The conduct of the crews of the "Aiiel," "McGowan," and " Rosie Olsen," tht three schooners nientioned in Lord Rosebery's telegram to Mr. Howard of the 4th (lOthi September of this year, after they had landed at Petropavlovsk, was scandalous. These men, to whom our authorities had allotted a daily subsistence allowance equal to that received by our sailors, gave themselves up to intoxication, committed acts of violence, and insulted the inhabitants, and even the officers. The only means of dealing with '' ..i was to call in the assistance of the officer commanding the " Zabiaka ;" he restored order without taking any severe measure except the forcible removal of the captain of the •' Rosie Olsen," who had come into his cabin to insult him. Not only, therefore, are the injurious imputations brought against our officers found to be groundless, as to which there could, indeed, have been no doubt, but the most unimpeach- able evidence bears witness to the fact that they treated crews which were taken in the act of poaching with a courtesy w liich certainly has a double value owing to this cireu instance. As regards their undeniable right to repress disorder and violence, our authorities only exercised it with extreme moderation. In conclusion, without entering into questions ef principle, 1 venture to draw your Excellency's attention to the fact that our cruizers are bound to carry out the duty of protection with which they are charged all the more strictly, and by all the means wiiich are employed against depredations by sea, because the Canadian poachers, being interfeiwl with on the American side, have clearly fallen back upon our waters. Their misdeed? have already had a most prejudicial ellect on the Russian seal fisheries in Behring fcfea, the yield of which has considerably decreased during the present year. Tn bringing the above to vour knowledge, I avail, &c. (Signed) CHICHKINE. i Inclosure 2 in No. 28. Sir E, Morier to M. Chichkine. M. le Conseiller Prive', St. Petershuryh, October 4 (16), 1892. I HAVE the horiour to acknowledge the receipt of your Excellency's note of tlit 3rd (ISth) October, containing the reply of the Acting Head of the Imperial Ministry oi Marine to Mr. Howard's aide-memoire ot the 4tli (Kith) September respecting the captiut of certain sealers in the Behring Sea by His Imperial Majesty's cruizers, and I shall no; fail to transmit this important docun\ent at once to Her Alajesty's Principal Secretary of State for Foreign Affairs. I must observe, however, that the note states that in the report of the Commander oi the Pacific Squadron all the circumstances connected with the capture of the said Canadian sealers are explained. In Mr. Howard's itide-vie'moire, however, a point of primary importance, that of the distance from the Russian coast, viz., 103, 33, and j mile- respectively, at which these captures were said to have been effected, is specially insisted on as requiring explanation. To this point no reference is apparently made in the telegram received by Adtniral Kremer. I should be obliged, therefore, to your Excellency / 61 ted on the charts, 11 these schooiurs, lericaii and Bii(i.,|, n sido of the lint' of at line on pain oi ithoiities. wiiile engaged upon ought on board our our oflicerp, vvliilst of brandy, tea, and t, on the contrary, • Carmolite " woiiid lanks for the way ivron, comtnandini; m the master of tlic ' Rosie Olsen," the d of the 4th (lOth scandalous. Tiiest ance equal to tlial acts of violence, and ding with '' ..i was he restored order the captain of the r officers found to he le most unimpcach- ere taken in the ac this circumstance, ur authorities only nture to draw your irry out the duty oi ill the means whidi ;rs, being interfLid s. Their misdec(i< [•ies in Behring ijea, CHICHKINE, w4 (16), 1892. ency's note of tlu' nperial Ministry m lecting the captiut rs, and I shall not icipal Secretary of the Commander oi ' the said Caniidiac point of primary 33, and j niiie; S specially insisted intly made in the to your Excellency , you will let me know exactly the degrees of latitude and bngitude in which the three Vessels respectively were captured. I avail, &c. (Signed) R. B. D. MORIKR. if No. 29. Admiralty to Foreign Office.— (Received October 20.) "sir Admiralty, October 19, 1892. ' ' WITH reference to previous correspondence respecting the British schooners seized by the Russians, I am commanded hv my Lords Commissioners of the Admiralty to ' transmit, for the perusal of the Secretary of State for Foreign AfTairs, copy of a telegram j, from the Commanding Officer of Her Majesty's ship " Leander," dated this day, from Yokohama. I am, &c. (Signed) EVAN MACGREGOR. Inclosure in No. 29. Captain Castle to Admirnllij '' Leaii'lvy:' at Yokohama, October !9, 1892, ',J-.35_A.M. ( leave iininediottlv for Vancouver. (Tclei^'riipliic.) , ,, KlvMAlNDKll s-cliooners' crew fioiii VladivostocU arrived in "Empress Japan; No. 30. Colonial Office to Foreign Office — {Received October 20.) i^ir. Downing Street, October 19, 1892. WITH reference to the letter from this Department of the 13th instant, I am ' directed by the Marquis of Uipon to transmit to you, for the information of the Earl of . , Rosebcry, copies of two further despatches from the Governor-General of Canada respecting the seizure of British scalers by the Russians in the North Pacific. I am, &c. (Signed) JOHN BRAMSTON. Inclosure 1 in No. 80. Lord Stanley of Preston to the Marquis of Bipon. My Lord, The Citadel, Quebec, September 28, 1892. WITH reference to previous correspondence on the subject of the recent seizures of Canadian sealing-vessels by Russian cruizers in the North Pacific, I have the honour to forward copy of an approved Minute of the Privy Council, submitting a communication from the British Columbia Sealers' Association, representing the hardship and distress inflicted upon the owners and crews of the vessels in consequence of these seizures, together with copy of the reply addressed to the Association by the Minister of Marine and Fisheries. T have &c (Signed) ' STANLEY OF PRESTON. u [504] H a . WM'W 5S Inclosure '2 in No. 30. Report of a Committee of the Honourable the Privy Council, approved by his Excellcnvij the Governor-General in Council on the 23rd September, 1892. ON a Report, dated the loth September, 1892, from the Minister of Marine nnd Fisheries, inviting attention to the communication (copy hereto annexed) from the Britisli Columbia Sealers' Association of Victoria, Uritish Colombia, relative to the recent scizuici of Canadian sealing-vessels by Russian cruizeis and matters connected therewith, and to the reply addressed by the Minister of Maiine and Fislieries to the above communication, a copy of the reply is also hereto annexed. The Committee, on the recommendation of tiie Minister of Marine and Fishcrius, advise that your Excellency be moved to forward a copy hereof to the Right HououraWt the Principal Secretary of State for the Colonics, for the information of Her Majesty's Government. All of which is respectfully submitted. (Signed) .JOHN J. McGEE, Clerk of the Privy Council. be Annex (A). 100, Government Street, Victoria, B.C., September 8, 1892. have the honour to respectfully bring under your consideration the following Sir, WE facts : — The British Columbia Sealers' Association represents sixty-three schooners, owned by about 250 shareholders, representing an invested capital of about 750,000 dollars, and an annual expenditure in wages, provisions, insurance, &c., of approximately 400,000 dollars, and employing fully 1,300 men afloat, principally British subjects, muinly Whites, with about 25 per cent. British Columbia Indians, and a very few Americans and Scandinavians. It may be fairly estimated that, including the families of the above, fully 6,000 persons are directly dependent upon the business, to say nothing of the very large number of tradesmen aflected by it. It is scarcely necessary to luld that so large an industry is of vital importance to the city of Victoria and British Columbia generally, and its interruption is now one of the principal factors in the present depression of trade. Previous to the prohibition of hunting in the eastern portion of Behring Sea, these vessels and crews were employed on an average for eight months in the year. Many of the vessels having sailed before the renewal of the modus vivendi, not, as has been falsely stated, at an earlier date than usual, but at the same period as in previous years — indeed, if anything, rather later than the average — the Association chartered the steamer " Coquitlan " to take up notice to the various vessels of the renewal of the modus vivendi, excluding them from Behring Sea, and also to convey provisions and stores to some of the schooners. As you are already aware, the " Coquitlan " has been seized by the American Government, and several of the Association's vessels have in consequence been compelled to abandon their voyages, and to return to port and pay off their crews. On the renevval of the 7nodus vivendi only two courses were open to the owners of *He vessels: either to abandon their voyages, as some have done, or to find some other employment for their crews. W'e may explain that it is a great object with us to keep our experienced crews together by employing them as long as possible, instead of discharging them, and thus forcing them to scatter in search of other employment, and so compelling us to replace them with inexperienced men, which would greatly jeopardize the result of our future ventures. Under these circumstances, many of the owners, believing that, in the absence of notice from their own Government to the contrary, all other parts of the high seas were lawfully open to them, directed their vessels (forty-three in number) to sail to the west- ward of the prohibited waters, and to pursue their voyages in that part of Behring Sea and in the Sea of Okhotsk. The result is known to you. Russian cruizers have already seized three vessels, and it is only too probable that others may share the same fate. Our position is thus one of extreme dithculty and perplexity, involving probable ruin and bankruptcy to some of our members, and we therefore appeal to you for definite advice and directions as to our future operations. i" / i [ by his Excelleimi 1892. ister of Marine nnd ed) from the Britisli the recent seizuics ed therewith, and to lOve communication, arine and Fishcrii!. 2 Right Houourablt on of Her Majesty's IcGEE, the Privy Council. September 8, 1892. ration the following ;e schooners, owned jut 750,000 dollars, , of approximately ly British subjects, as, and a very few Liding the families of ness, to say nothing r necessary to add /^ictoria and British actors in the present Behring Sea, tliese the year. Many of as has been falsely i^ious years — indeed, tered the steamer tlie modus vivendi, id stores to some of }een seized by the n consequence been their crews, o the owners of 'He o find some other ect with us to keep )ossibIe, instead of r employment, and d greatly jeopardize in the absence of the high seas were to sail to the west- of Behring Sea and d three vessels, and Iving probable ruin for definite advice M It is our desire that the Imperial Government should assume the responsibility of defning our rights, nnd cither aflfordinc; us armed protection in their exercise, or compen- niliig us for their suspension, and we tlierefore respectfully beg of you to bring the wiiole '^-'ii of our case vinder tiic consideration of tlie Secretary of State for the Colonies, bther with such recoinniendations on the pari of the Dominion Government as you may mieascd to consider (iesinihle. w We may, at the same time, remind you of the appeal we have already made tlirough thl British Columliia Hoard of Trade for assistance in rescuing any of our crews who may at jlpiis time be Russian prisoners We have, kc. (Signed) JOHN G. COX, President, RICHARD HALL, Secretary, British Columbia Sealers* Association. The Minister of Marine and Fisheries. Annex (B), Gentlemen, Ottawa, September IG, 1892. I have the honour to acknowledge the receipt of your communication of the 8th inttant with reference to the recent seizures of sealing-vessels by Russia, and to matters connected therewith. The facts touching the seizure of the " Coquitlan," and the seizures by the Russians referred to, have been fully reported upon by me to his Excellency the Governor-General, and for some time have been before Her Majesty's Government. J am daily expecting information as to the steps Her Majesty's Government propose to take under the circumstances, and as soon as 1 am able to communicate the result of the earnest appeal of the Canadian Government I shall advise you. Touching your rights in Behring Sea, the Canadian Government has not ceased to claim that this sea is open to the world for purposes of navigation, hunting, and fishing. Her Majesty's Government have supported this contention, and have protested against the interference in the past on the part of the United States with our sealers in thoae waters. You are aware that this subject is now submitted to arbitration. Pending this arbitration. Great Britain and the United States have agreed to prohibit sealing in that part of Behring Sea east of the line of demarcation mentioned in the Treaty of Cession between Russia and the United States of 1867. ; In the other portion of Behring Sea, and in all other parts of the North Pacific Ocean, it is, of course, claimed that our vessels are free to pursue their voyages and seal hasting. ' In view of the Treaty of 182.5 between Russia nnd Great Britain, and the action of the< Russian Government ever since the date of that Tr. aty, touching the question of ^'uriediction cither in Behring Sea or off other parts of thn coast ot the North Pacific Ocean, [ was surprised to learn of the reported action of the cruizcrs of that country near the Copper Islands. ^ If the facts are as represented, it is clear that the Russian Government is endea- Tooting to support the claim now put forward on the part of the United States to the rigtiA of property in seals being vested in the nation upon whose territory the seals may h^lpen to breed. I am not aware, as I have already stated, what action Her Majesty's Government projiosc to take in the case of the " Coquitlan," or in the case of the recent seizures near the Russian coast. Nevertheless, from what has happened, you will observe that until these serious queations are finally settled between the Governments concerned, namely, Russia, the Uttiled States, and Great Britain, the pursuit of the industry which so deeply concerns yonr Association and its members is attt nded with grave risk and peril. You express the desire that the Inipeiial Government should assume the responsi* of defining your rights, and you seel; armed protection or compensation for the ension of these rights, and you ask me to bring the w^hole facts of your case under jnsideration of the Secretary of State for the Colonies, together with such recom- itians on the part of the Dominion Government as it may be pleased to consider ible. feel at liberty to say to you, in reply, that from the beginning of the distressing istances to which you have referred, the Canadian Government has not ceased to Tf^W: M H press upon thu uttentiun of Her Majesty's Govenimcnt the wrongs tliat luuu b. pcrpetrutcd and the damage that lias been done, and I am sure that your pic^ request will receive the earnest consideration and prompt attention of the C'aiiad:. Government, I have not received the communication from the British Columbia Board of Tra upon this subject to which you refer, but the rc(|ucst for assistance in the rescuiii; crews who may at this time be Russian prisoners has been for some time in the hutidj Her Majesty's Government. I have, &c. (Signed) CHARLES H. TUPPER, John G. Cox, President, and Richard Ilall, Secretary, British Columbia Sealers' Association, Victoria, B.C. Inclosure 3 in No. 30. Lord Stanley of Preston to the Murqiiis of Ripon, My Lord, The Citadel, Quebec, Hepleiiiber 28, 18!i2 REFERRING to my despatch of even date herewith on tlie subject of the seizure^ Canadian sealers by Russian cruizcrs, I have the honour to inclose copy of an a|)|)iv Minute of the Privy Council, submitting a further communication from tlio Hritisli Coin i Sealcis' Associiition, together wilii copy of the reply returned thereto by tlio Minisk Marine and Fislicries. 1 have, &c. (Signed) STANLEY OV IMll'S'lON Inclosure 4 in No. .'30. Report of a Committee of the Honourable the Privy Council, approved by his E^vcellenf the Governor-General in Council on the 23rd September, 1892. ON a Report, dated the 17th September, 1892, from the .Minister of Marine Fisheries, submitting with reference to a Minute of Council, dated the 23rd Septciiii lfe92, bearing on a conununication received from the Sealers' Association ol 13ii; Columbia on the subject of the recent seizures by Russian cruizers off the Asiatic co;i! Canadian sealing-vessels, and the reply of the Minister of Marine and Fisheries to communication mentioned, a further letter received from Mr. .John G. Cox, the Prfisit of the said Association, urgently requesting that the Imperial Government should be a: moved to take action for the relief of the Canadians who may be on the Russian sboi: prisoners. The Minister also submits the annexed copy of the reply addressed by him tu communication in question. The Committee, on the recommendation of the Minister of Marine and Fisla advise that your Excellency be moved to forward a copy hereof, together with copies (i Annexes hereto, to the Right Honourable the Principal Secretary of State for the Colo for submission to Her Majesty's Government, and that Her Majesty's Governniciit moved to take such early action thereon as to them may seem proper. All of which is respectfully submitted, for your Excellency's approval. (Signed) JOHN J. McGEE, Clerk of the Privy Couiir H- Inclosure 5 in No. 30. British Columbia Sealers* Association to Mr. Tapper. Sir, Victoria, B.C., September \0, W, ON the 1st instant we appealed to you through the British Columbia Board Trade for assistance to rescue the crews of any of our vessels that might be seized Russian vessels. 53 Tongs tliat liavc b, luie tliat your picsi; ntion of the Caiiudii )lumbia Board of Tra ancc in the rcscuiii; me time in the hundi Rr.ES II. TUPPEH ton. , iiepleiiiber 28, I8!i2 ubject of the seizuie> )se copy of an aiipr,, Mu the IJritish Coin ;i'eto by ihi; MinijU KY Ol' IMll'ST(j\ oved by his ExccHm ber, 1892. Vlinister of Marine cd the 23rd Septcini Association of 13ii; i off the Asiatic co;k le and Fislieries t(i ; n Gr. Cox, the Fresiii irnment should be a; on the Russian slioi: ddressed by him to Marine and Fisht [Other with copies ui; f State for the Cob;. yesty's Governiiitiit ler. pprovai. McGEE, of the Privy Couim pper, , September 10, 16'J; ish Columbia Boar^ lat might be seized jThe fears which we then expressed have proved to be only too well founded. By the Ing schooner "E. B. Marvin, ' which arriAcd licrc yesterday, we learn that the schooner lincouver BcMe," of Vancouver, British Columbia, and four otiier British schooners, amacs unknown, have been seized, and as the cruizors have been chasing other schooners, itb all hut certain that some, perhaps many, of the fleet of forty schooners known to bo in those waters will also fall victims to Russia. When caj)tiire(i these vesiscls arc all taken to I'ctropavlovsk, a remote part entirely removed Irouj ordinary routes of mercantile vessels, and so far north as to have a climatu of Arctic severity. It is most im|irol)ahlc tiiat so many men as are likely to be made prisoners will be Hkldy to find any esc ape before winter sets in, and, robbed of nearly all their clothing, as those who have already arrived have been, miserably fed and wretchedly lodged, it is almost ceitain tliat unless proin])t relief is sent many must perish of cold and hun'>er. j^ Under these circimistances, wo beg respectfully but urgently that you will again rlifucst tic Imperial Government to immediately send a man-of-war to the relief of the worse than sliipwreckcd crews, and, if not too late, put a stop to the further confiscation of our property. I have, &c. (Signed) JOHN G COX, Preiidrnt of the British Columbia Sealers' Association. Inclosure 6 in No, 30. 3/r. Tupper to British Columbia i.'enlera' Asiociation. Slfi Ottawa, September 17, 1692. f HAVK the honour to acknowledge the receipt of a communication from you, dated the lOth September. I have received no appeal from you through the British Columbia Board of Trade, though you refer to one forwarded on the Ist instant. The facts referred to in your communication, however, relative to the crew of the "E. B. Marvin," have already been brought to my attention, and are now in the possession of Her Majesty's Government. I have also requested the High Commissioner in London to press upon the Imperial Svernment your desire that a gun-boat should be sent to the relief of the Canadians, who y be on the Russian coast. I have &c (Signed) ' CHARLES H. TUPPER. No .31. Colonial Office to Foreign Office.— {Received October 21.) Downing Street, October 20, 189^. WllH reference to the letter from this Department of the 13th instant respecting seizure of British sealers by the Russian authorities in the North Pacific, I am lectcd by the Marquis of Ripon to transmit to you, to be laid before the Earl of |8ebcry, a copy of a further despatch from the Governor-General of Canada, incIosin<' an Idavit by the master of the sealing-schooner "W. P. Sayward," respecting the seizure ^tho Russians of three of the boats belonging to that vessel. I am, Ike. (Signed) JOHN BRAMSTON. :. ; Inclosure 1 in No. 31 . Lord Stanley of Preston to the Marquis of Ripon. ' . w'i^rtj f . Government House, Ottawa, October 5, 1892. H 11 H reference to previous correspondence relative to the seizures of British vessels pr()|)erty by Russian authorities in the North Pacific Ocean, I have the honour to mmt^^mm 56 transmit to your LonlRhip a copy of on approved Minute of the Privy Council, subtiiittii, a sworn stntcment of Gcorj^c li. Percy, nm»ter of the British scliooncr " W. P. Siiyward from which it appenrn that wliilc in the vicinity ot Copper Islitnd, iilioiit 20 miles to i south-east thereof, three of his sealing-honts, encii being munned witli a litmtcr aiui i. seamen, wore seized by a HuHsian stcam-luunch. I have, &c. (Signed) STANLEY OF PRICSTO.N cnn tht Inclosuro '2 in No. 31. Report of a Committer of the Honourable the Privy Council, approved by his Kxrellencij [ Governor-Oenernl in Council on the \st October, 1892. ON a Report, dated the 27th September, 1892, from the Minister of Marine n Fisheries, submitting, in reference to the sei/.urc of llritish vessels and propcitv Russian authorities in the North Pacific Ocean, n sworn statcuicnt of George K, \\v master of the British schooner "W. P. Saywaid," from wliich it appears that wiiili the vicinity of Copper Island, about 20 miles to the south-east thereof, three ot 1 scaling-boats, each being manned with a hunter and two seamen, were seized by a Rusw steam-launch. The Committee, on the recommendation of the Minister of Marine and Fislierif advise that your Excellency be moved to forward n copy of this affidavit to the Ri; Honourable the Principal Secretary of State for tiie Colonies, for submission to II Majesty's Government, in connention with previous pcpcrs of a similar cliaracter. All of which is respectfully submitted. (Signed) JOHN J. McGEIC, Clerk of the Privy Covin il, ••V ■dvi Md Mn fnclosure 8 in No. 31. Deposition of Mr. George R. Ferey. ^ Port of Victoria, British Columbia : GEORGE R. FEREY, of Victoria, British Columbia, master of the British sclioor,^ " W. P. Sayward,'' belonging to the port of Victoria, British Columbia, official No. 8344 personally appeared, and doth depose and say — That he cleared the said schooner " W. 1'. Sayward " in tho regular way, and accordance with the laws of the Dominion of Canada, on the 14tli day of January la- and sailed from the said port on the 16th day of the same nioi.'h, for a voyage to t North Pacific Ocean, and having on board ballast and stores and hunting outfit. The said schooner " W. P. Sayward " sailed away under every pros|)ect of a succc«> voyage, and proceeded to cruize on the waters of the North Pacific Ocean, puisui:. her legitimate hunting, beyond any limitation to hunting or fishing on the open hi. seas. That on the voyage northwards the said schooner " W. P. Sayward " was boarded! an oflScer and armed crew of the United Stales' ship " Adams," on the 7th June la- whilst the said schooner " W. P. Sayward" was 50 miles from Cape Clear, the ucari land, the master of the jad schooner being warned by the said officer of the United Stat. ship " Adams " that thr: vessel must not enter Behring Sea eastward of the line ; demarcation as set ibrtb in the Order in Council (" Behring Sea Act, 1891 "). Thai the master of tlie schooner " W. P. Sayward," being desirous of obeying t law, after cruizing a'ong the coast, sailed away to the westward, with the iiitunti of entering Behring Sea westward of the line of demarcation (" Behring Sea Ac !69r'). That the said schooner " W. P. Sayward" on the evening of the 12th Augiist la-: and being then about 20 miles to the south-east of the most southerly point ot ('o|i|: Island, Commandorski group, the boats of the said schooner, in number five, eat li be; being manned with a hunter and two seamen, two of the boats returned about 3 o'clock i; the afteinoon, and reported to the master of the said schooner that three of the boMts mi seized by a Russian steam-launch which came from the westward, and the same ( venic: about 5 P.M. the master of the said schooner " W. P. Sayward" sighted a Uussia- Sir, the 1 in ret jrdur you : ve«e SJri' ioibri chkf tb« < al«r Brttii Offio I y Council, subniitiii cr " W. P. 8ayw;iH l)()iit 20 miles to I itii u luiiitcr ntid u f OF I'RliSTON ' by /iM Excellencji i 9'i. inistor of Marino ir ids and propcrtv t o( George K. I'd' appears that wliili tliereof, tlirce ol '• e seized hy a Uu-» Marine and Fisiid: ifTidavit to tlie Ri. r submission to II fir cliaracter. McGEK, f the Privy Coiimil, CffoliinK steamer, also approacliin^ from tlie westward, the said schooner " W. P. Snywnrd TMMining in nl)out the same position, and burning a toreli for the nuidai\cc of tlio missinff (ngit, a^' it was not ijuite certain whctlier they were all seized, and lollowinf,' moininjr M^ed liacUwanl and forward in sotne hopes of n-covcring the lost boats, and nt noon on fhlfinni' dav proceeded lor home. ^ That on the following day the schooner "Victoria" was spoken, crui/ing, and the IMllter of the said schooner " VV. P. Hayward " informed the master of the said schooner ••IWctcirio " of the seizure of the three boats, nnd bavin;,' sighted a Russian cruizer, ar.d MMied him that it would be well to return home. r; Thai the said schooner " W. P. Saywnrd " had at this time 900 scal^skins on board, «b4i proceeded directly homeward on her voyas^e. That the following are the names of" the persons who were taken prisoners: Neal M«frison, hunter; Andrew McGarva, hunter; Charles Copcland, hunter; Horry Brown, Altxandcr McKenzie, John Rose, Krnest Welch, Morris O'Connor, Sam, n Japanese, all ten. That the following is the value of the property taken : — a hoatR, at 100 dollars each r> pim, at 4.'^ (loUarn each 1 liflf Ammunition ■. 'I'otol (Signed) DoUnrR, 300 270 20 20 610 GEO. R. FERRY. Sworn to before me, at Victoria, British Columbia, this l.^ith day of September, 1892. (.Signed) A. R. Milnk, Collector of Customs. No. 32. the British schoor,= a, official No. 8344 regular way, and ; day of January h< for a voyage to l; iting outfit, ospect of a succc«« , fie Ocean, pnisuii, g on the open hi. ird " was boarded; the 7th June la* pe Clear, the neart- of the United Stair ward of the line ; 1&91 "). rous of obeying t with the intentii,: Heh rmy sea Ac. he 12tli Auj;iist la-: erly point ol ('o|i]: mber five, eai li be ;d about 3 o'clotk i; pee of the bouts wer id the same i venit; sighted a Uus.4 The Earl of Rosebery to Sir R. Morier. Sir, Foreign Office, October 22, 1892. I HAVF) received your Excellency's despatch of the 16th instant, inclosing copy of tba reply of the Russian Government to the representations made by Mr, Howard in iltgard to the seizure of Canadian sealing-vesscls by Russian cruizers, and I approve jinit note to M. Cbichkine, copy of which is also inclosed in your despatch, and in which yOii asked to be supplied with precise information as to the localities where the three Tti^els specially referred to were seized. I am, &c. (Signed) ROSEBERY. •PUP '4 No. 33. Admiralty to Foreign Office. — (Received October 24.) Admiralty, October 19, 1892. I AM commanded by the Lords Commissioners of the Admiralty to transmit, for the niation of the Secretary of State, copy of a communication Irom the Commander-in- " on the Pacific Station, dated the 2nth ultimo, forwarding copies of two Reports by I^Captain of Her Majesty's ship '* -V'clpomenc" and its inclosures, respecting his dings in the Behring Sea and tlie seizure of British schooners by Russian cruizers, respecting the co-operation and good feeling existing between the American and ih ships of war employed in the Behring Sea. tl am to add that a similar communication has been addressed to the Colonial (Signed) I am, &c. KVAN MACGREGOR. [504] w ??;*t 58 Tnclosure 1 in No. 33. Kear-Adinirnl Hotliam to Admiralty. " Warspitc," itt Enquimalt, Srptrmhcr 2(), \S'y} SUBMITTl'^D for the information of tlieir Lordsliips, ohsorvinj^ that I haw ^i pleasure in bringing to tiieir notice tiie maimer in wiiirh Connnandcr Kvaiis, of tiu' Un States' sliij) "Yorlitown,' Senior American Naval Olficcr, and daptain I'arr, co-opciir in carrying out their duties in connect' n with the modus vivrndi, and tiic cordial rel;iti and good feelings which existed between the officers and men of both nations reHects j;r: credit on all concerned. 1 also beg to call their Lordships' attention to paragraphs 5 an; of Captain Parr's letter of the 17th instant. Captain Parr has carried out the duties of Senior Officer in Behring Se!\ very in. to my satisfaction. (Signed) CHARLES F. HOTIlAil. to off l8a< Inclosnre 2 in No. 33. Ciiptain Parr to Ihar' Admiral ITotliaiii. " Melpomene," at Siinlmnir Harliniir, Sliin)i(i(/iii Is-laml, Sir, September 17, 18!i2. I HAVK the honour to report tiiat I left Ounalaska on the 27tli August, luu; been detained one day by bad weather, and shaped course for the C'ommandcr Isla with Mr. Macoun, the British Commissioner in the liphring Sea, on board. 2. Me wis^hcd to make some iiujuiries at Jii bring Island, as well i.s obtain ? obseivalidiis ol seaW on tiie Siberian coast further north, and 1 wanted to ascertain v the Russian authorities had done with respect to the scaling schooners, and also warn: that I iniivbt come across against going to the Settlement at Attn for wockI and water, ;,- was w'thiu the prohibited area. 3. After a southerly gale and strong head winds, we reached the luinlibouiluvi.; Copper Island, on the afternoon of the 3ist August, where we passed the Russian enii, " Zabiaka," but it was then thick, and a south-westerly gale was coming on, so I lin- steaming as slow as possible to the southward. 4. 'Che 1st September was tliiel;, with strong wind and heavy sea, but on the 'iim cleared a little, so 1 ran under the lee o.' Behring Island and steamed slowly ronnd but when we got round the north-west point the ship knocked about considerably thi;,. on the morning of the .3r(i the weather was clear enough to make the aneliorai;e, aiul; sea had gone down siitliciently to enable a lauding to be ellecteil. 5. The (Jovcrnor ha.l lelt, and the only person in charge was one of the oHic: of the Company, but from him I learned that six schoouei-s in all (rive lirilisli ;, one United States) had been sei/e\;. board. well i.s obtain s ntcfl ta ascertain v T*, aiul also wain;; ■ wood and water, ii> the n('ii;'hl)omiioMii (1 tlu; Russian criiii minu: on, so I la\.: ea, but on the L'lm Mied slowly round considerably tiiii. if anc'borai^c, iind ; one of tiie oliir dl (five ijrilisli ;, t, and also I'our lio en condemned, ti; ent, and sonic oi i tilers were waitiii: the islands, tiiou. steamer also iiinl [lea seems to be !:, cater activity will )ei', ai'.u steered r )un wanted to olmr; H) that notliini; en s object, tbougli w [tractice. )ut the weatlici' ci:: eased to the Cora' iiat 1 lay-to for ^i ['athotns of walcr, ' reckoning, we ou. 50 to iave been on the south side of St. Panl Island, but at daylight we found that we were ol^thc north side instead. Wc then weighed and anchored off the village, where the hiipng was safe. ~y^, lb. In the evening the swell began to set in more heavily, so that before dark I had emything that was necessary settled witii the shore, and on the morning of the 12tli, as thue was no landing possible, I left for Ounalaska. i:' 11. Wc arriveii at 8-30 a.m. on the )3th September, ..r,d went alongside the pier in th#inner harbour at once, and coininenced coaling, which was completed next al'tcnioon, ^0nn the moriiinK of the 15tb 1 left for this harbour, having the schooner " Oscar and Hlltie " in tow. ,'.^ J 2. The barometer was falling rapidly, and there was every appearance of bad WWrther, but the master of the schooner wanted \o gtl out, so we came through the U<4llga Pass, and on getting clear of the land wo found thai a southerly gale was bfcWring. At noon, although 1 had eased down to about 3] knots, the 3|-inch steel wire hCmer that I was towing with parted, and the schooner made sail, having then plenty of WWFoom, . 13. As this ship was rolling heavily I lay-to for four hours, and then continued our OQtWsc, tliou!,di shipping a good deal of water, and arrived here at 6 p.m. on the evening of the 16th.' 14. Wc arc now overhauling the machinery prcpaiafory to a full-power run and Cge trial to Esquinialt, and by the time we are ready I hope that the bad weather will tinislicd, though it has btcn very persistent of late. I have, &e. (Signrd) A. A. C, I'AUR. Inclosure 3 in No. 33. Captain Parr to Commander Evans, U.S.X, Sir, "Melpomene," at Ounalaska, September 14, 1892. I HAVE the honour to inform you that I have just returned from a cruize during whteh a visit was paid to Bchring Island. . ; 2. All the ofhcials in the service of the Company had left, with the exception of one, ao^f-from him I learned that si.v schooners had been seized by the Russian cruizers, five be^ British, and one belonging to the United States, viz., the " C. H. White." (These ioHials do not seem to be correct.) 3. The sealing season being jjractically at an end, I propose to leave Behring Sea tONtaoirow morning on my return to British Columbia. Should, however, any further captures of Hritish schooners be made, I have to request that you will take from them twp(r papers and such part (;f their scaling cciuipment as will make it impossible for them to >takc any more seals, and onlcr the vessel to proceed at once to V^ictoria, British 0<^nibia, there to report to tlu; Collector of Customs. 4. The papers should be forwarded to the Senior British Naval Oflicer at Esquimalt, Ithc outfit to the care of the Collector of t^ustoms at Vi'jtoria, British Columbia. a. I als'i have the honour to inclose a track of the "Daphne's" cruizes within the Iring Sea, and also that portion of Murs in the neighbourhood of the Pribyloff Islands, lew a(li!iii"iial soundings which were obtained, and information as to a bank which tars to exist oil' the south end of Karaginski Island. G. 1 take this opportunity to thank you, on behalf of myself and the officers who served undi-r my orders, for the extreme kindness and courtesy which we have rieiiced from all the United States' oflieiaL;, whether naval officers or civilians, with it has bicn our good fortune to have any dealings, and to express my pleasure at ^xtrcincly cordial itlations which have existed between us. I have, &c. (Signed) A. A. C. PARH. [504] I 2 * 60 Inclosure 4 in No. 33. Commander Evans, U.S.N., to Captain Parr. U.S.S. " Yorktown," 3rd Hate, Ouwilaska, Ala.'^kii Sir, Sfptember 14, 1892. I HAVE the honour to acknowledge tlie receipt of your coniuiunicatioii of this i.\y, witli three inclosures. Peiinit me to thank you for tc>e valuable information furnislied me relative to i seizure of British and American sealing-schooners by the Russian fleet, the hydrograp: information about the shoal in the neighbourhooil of Karaginski Island, and the tra: charts of the "Melpomene" and "Daphne." Should any lurther seizures of British sealing-schooners be made by any of t: vessels under my command, I will take pleasure in complying with your request that t papers be forwarded to the Senior liritisli Naval OtHcer at Esquimalt, the sealing out: to the care of the Collector of Customs at Victoria, British Columbia, and the vest themselves ordered to report to the latter official. It has always been a source of gratification to me, as [ know it has been to all t ofiiccrs of the American squadron, to do all in our power to cultivate the frieiidlip relations with the British officers. All our endeavours in tliis direction have been . cordially received that, in spite of all our efforts, we still remain debtors for vt. invariable courtesy and kindness. With reference to my own duties, your cordial co-' peratioii with ii.e in eiloib prevent sealing has made my work much easier and pleaK inter. \'ery respeetfullv, (Signed) R."U. EVANS. 4 1 No. 34. Sir R. Morier to the Earl of Rosehery.—^l^en rra October 26.) My Lord, St. Hdirshuryh, October 21, 1892. THE official Gazette of to-day contains an article of s )me length on the late scizur of British sealers in the Behring Sea. It refutes the allegatioiis o\ t'le masters and vm of those ships as to the ill-treatment these represent tin" dsjIv.'s as having .-suffered r.t i; hands of the Russian ofiiccrs, but it admits that the captures were eHectcd at distanc varying from 20 to 8 miles from the shore. I have the honour to transmit herewith a full translation of this article i Mr. Wardrop, my Private Secretary. I have, &c. (Signed) R. B. D. MORIER. Inclosure in No. 34. Extract from the " Pravitelstvenny Vestnik" {Official Gazette) of Ocic v. (Translation.) \m ON the 19th September (n'.s.) the "Times" publisihcd an article from a ;or ■Ml. dent in Ottawa, in which, on the authority of the skippeis and seamen of the scIiooiut' captured by our gun-boats near the Commander Islands, ani -.fterwards sent back, nit: our assistance, to British C'^lumbia, attention was drawn to a flagrant violation of iiiti: national law supposed to have been committed by us, and various revolting details .wr; given concerning the action of our officers and crews, with an account of the persecution! to which these unjustly captured men had been subjected. Not satisfied with printing this article, the "Times," on the followinu; day, suppii^ mcnted it by a leading article, in w'Jch these ci..:"','e.s were not only funflriiKv., Jut sf forth in langua'^e still less decent than that in which the hatred of th' ( u-f pirates wli had been disappointed in their hope of gain found ve'ii. 'Jnlortiinat ' . : rertain see;ii of the European press repeated the accusations m;. i' the "Timv'si." '-'Ui first t defend the honour of Russian sailors were English na..il oftieeis, whose pu.ii ., the " Aiiiii and Navy Gazette " (of the Ist October), while shurinjj the general dissatisfaciiou o^ Ounnlaska, Alanko 892. unicatioii of this ik, 'd me relative to i leet, the hydrograpl Island, and the tra: made by any ofi; your request tlmt t iialt, the sealing oui: iibia, and the ve.w t has been to all i iltivate the fViendlip rection iiave been . tin debtors for vo. lith ii.e in cil'oitj ■clfidlv, K.L). KVANS, her 26.) October 2], 1892. 1 on the late sci/ur le masters and cin uving suffered i,t t: eH'ectcd at (listaiic, of this arficli' i \i. D. MOKIER. ii -v. i> ':i), im e from u lOr jiui,. en of the SL-liouiur. I'ds sent back, nil; t violation of inter volt;iii»;)i ., the "Ann I dissutisfactlou o' m iBnwlishmen at the seizure of English ships, nevertheless thought it right to protest in the strongest terms against " the unjust and insulting attack " of the " Times," declaring that it was shameful that the lending English piper should presume in such an unworthjr jnanncr to malign officers with whom the officers of the British fleet maintain "courteous" ielations, and in whom tbcv have ;dways met brave and noble foes in time of war. The "Army and Navy Gazette" expressed its conviction that the "Times "would jecognize the necessity of ai)ologi'/,ing for its unjust and impolitic accus itions, which, doubtless, it was not in a position to substantiate. In conclusion, the "(Jazette" draws •ttention to the fact that the men upon whose evidence the aforesaid abominable calumnies are based belong to the lowest classcj of society. Such a declaration, equally honourable to the officers of tlie British and Russian Heets, furnishes an ex imple of true gentlemanlincss which will not be forp;ottcn by anybody in Russia. The substance of the complaints expressed in the "Times" amounts to tiiis : that the schooners were captured outside of our territorial waters, £ind that after they had been taken to Petropavlovsk the crews were left on the coast without shelter, food, and cloti.ing; that the skip|)ers, under threats of exile to the Siberian mines, were forced to sign a declaration tlmt they had fished in Russian waters, that their clothing, money, and valuables were stolen by Russian officers, who dragged down the British flag from the schooners and tranii)lcd it under foot. For Russian readers, a denial of these RssertioMs is unnecessary; tb'.ir (iagnint absurdity is jjatent. But, for the sake of the foreign press, it is indispensable thai the first authentic information received by telegraph ahould be communicated. It is manifest that on the fundamental question of the violation of international law the reports of the English skippers are wholly untrustworthy, for their log-books were oarelessly kept, and not up to date, while their chronometers had not been corrected for some tinic According to the English accounts of the affair, the three schooners •« Willie McGowai.," "Ariel," and " Rosie Olsen," were captured 41, 30, and 32 miles respectively from the nearest Russian coast; as a matter of fact the distances were 21, 22, and 13 miles. Three other schooners, "Vancouver Belle," "Maria," and " Carmolite," were, in the same way, captured 18, 8, and 8 miles from the coast. It is not surprising that almost all the arrests took place outside of our territorial watr: ;, for as soon as the gun-boat was sighted they put about and hoisted sail, so that in some cases they had to be chased for more than an hour and a-half at the rate of 13 knots. Those schooners only were confiscated whose log-books showed that they had fished in our waters, and confirmation of the fact was found in their charts, on which points were niaikcd on the coasts and round the islands. On some vessels were found skins still unsalted, and not even removed from the ani;iial. Three schooners were released with a warning. On the papers of all those which vere captured may be sf ,;n indorseirients by American and ICnglisb officers, ordering the ships to leave American waters, to cross the line of demarcation, and not return under pain of seizure. The protocols were signed by the skippers, in two cases with reserves, which arc, however, acknowledged to be unworthy of consideration. No declaration was made which might have been taken to show that rcprcben'^iblo treatment had been resorted to. The conduct of our officers tluring the scirch was in every case irreproachable. The accusation co. ocrning the insult to tl.e flag is eciually false ; the British flag was not replaced by the Russian until ;the ships haJ been declared to be confiscated. On board the gun-boats the skippers and -mates had separate quarters, and an officers' mess ; tlie crew.T had seamen's rations — tea land coffee. The crews of the schooners behaved very well on board the gun-boats, ^expressed thanks for the care that had been taken of them, anr' made no complaints. ITIk- skippers of the schooners "Maria' and "Carmolite" testified to this in writing. The skipper of the " Vancouver Belle " sent a letter of thanks to the (Commander of the Zabiaka," Captain de Livron. On reaching th. poast the c.c.vs received froni the local authorities board. money, It the rate of 15 kopecks a-day. In I'etiopavlovsk the conduct of the crews of the P' Ariel," "Willie McGow-^n," and " Rosie Olscn " wiis disgraceful; they got drunk, committed assudtn, in^ulted the mhabilaiit;;, a:ul cvi n tin- o'^ictrs. The local police ibrce j^behig to J weak to cop'! with them, armed assistance from the gun-boat "Zabiaka" was ■:&\ necessary to ((uell the disorder. The skipper of the " Rosie Olsen," in consequence of #hi8 impudence to the Commander of the gun-boat " Zabiaka," was forcibly removed from ithe cabin. There were no other misunderstandings. The small yield of the seal fishery on Coi)per Island this year confirms the information already received, viz., that the roolteries $have been half ruined by pirates, chiefly English. m mF^m^F fi2 No. 35. Sir R. Morler In the Earl of Rosvberij. — {lirrrlrnl Oclnbrr 28.) My Lord, «/. Prlvrsbnnjb, Oclobrr 2.'), 18i»2. WITH relbroiict! to my dcspiitcli (if tin; Uitli instant, iiiclosiiiu; a copy of'ii note wliicli I had addressed on tliiit day to l^F. Cliicliluno in(]niiiim- at wliat distances fioni the shore the cai)turc of tlic Oanailinn scalers was cll'cctcd by tho liussiaii crui/.crs, 1 have now the honour to transmit hercwitii to your Lonlshi]) a copy of tiir reply from the Kiissian Oovcni- nieiit, the inclosure in the note heinu i» Krcnch translation of the Vommm'uiuc in the " OfRciul Messenger,"* a translation ol wiiieli I had llio honour to tr-uismit to your Lord- ship in my despatch of the 2'ind instant. 1 have, ^^c. (Sii-ncd) K. 1$. 1), .MORIEH. Fnclosure in No, •'!;"». M. C'liichldiir to Sir U. Moricr. Miiiislerr (l<:s- Jfl'iiircs Ulraiu/eres, M. I'Ambnssndcur, "ic 12 (24) Cictobre, 18!i2. l.E " Messnger Ofllciel " u public il la date du !) (21) Octobro un article (|ui relate dc la I'nqon la plus circonstaneiee tons les iaits so rappoitaiit a la (;a])furc par nos croisciirs de quelques schooners Canndiens qui se livraicnt au hiaconnaiicdans nos caux lerritorialcs. Cet article specitie, entre autres, k (pielle distance de nos cotes la capture a eu lieu. Votre i^xcUence ayant bien voulu ni'exprinier, par son oiKcc du I (I'i) couraut, le rl6sir de i c cette indication, jc ni'emprcsse de lui comniunicjucr, en traduction Fran^aise, eui, -P uu "Journal de Saint-Petersbouri!," les donnees en (piestion, qui compleleiit sous «., /appcrt ma note du 3 Octobre annexe coura'-te. Veuillcz, &c. (Signe) CniCHKINE. (Translation.) M. I'Ambassadcur, Miiiislrii fur Forriijii Affairs, Orlobcr 12 (24), 1Sil"is by the Russians near Copper Island, I am directed by the Marquis of Ri|)oii to transmit to you, to be laid before the Earl of RoscbiMV, a copy of a despatch and its iiiclosures fioii the Governor-General of Canada respecting the alleged seizure of three boats belonging to the " W. P. Sayward " and one belonging to the " I'I. B. Marvin." It will be observed that the affidavit of the master of the " E. B, Marvin " is accompanied by a claim for the loss of the boat belonging to his vessel. I am, &c. (Signed) JOHN BRAMSTON Not printed. 28.) ctohi-r 2.'), 18l)L>. py of II note which CCS fiorii tlie shore rs, I liavc now flu. c Russian (Jovcrii- 'ommuniifuc in liie init to your Lord. I), -MORIl'H. atii/eres, dctohre, ]8!t2. » nrticic (|ui rehitc \m\' nos ci'oisciiis caux lerritorinlos. a cu lieu. Votre iraiit, le (\6s\v de uction Frangaise, 1, qui completuiit kc. cillCIlKINE. ,12(21,), ISUJ. article .statinu; in our crui'/.evs of Amongst other /.lire took placr. taut to jiossi'ss taken tVoin the oinpk'te in tiiis llICilKINi:. Inciosurc 1 in No. 36. ♦ Lord Stanley of Preston to the ^f(lrqlli.s of liipou. ly Lord, (invommenl Uoiisr, Ottavii, Oclnlier ]'2, ]S\YJ. Wrrri reference to previous correspoiulciice on the subject of tlie seizure of Mritisli '*icalini;-vessf'ls and pro|)erty l)y Russian authorities in tlie North i'milic Ocean, I have the ilionour to transmit to your lordship a copy of an approved Report of a (Committee of the 'privy Council, suhmittint; further documents touchini:!; that (piestion. Si ' I have, &c. I (Sijjnod) STANLKY OF I'RESTON. Sep sei/ I Inciosurc 2 in No. 30. Report of a Cominillee of the Honouniblc the Privy Council, approved by Ms Excellency the " Govertwr-Gcnrrdl ill. Coimril on the \st October, 1892. W a Report, dated the lOtli September, 18i)2, from the Minister of Marine and lies, submititnu;, with reference to certain previous Minutes of Council, dated the 12tli UMuber, 1802, lUtb Septcinl)er, 1892, l^th September, 1H'.)2, on the subject of tlic uie of IJritish scalins-vessels and property by Russian authorities in the North Pacific Ocean, the Ibliowinu; documents since received touching that (picstion : - 1, Letter from A. R. Milne, Collector of Customs, Victoria, lOth Se[.tcinoer, 18<)2. 2. Sworn statement of Clarence N. Cox, master of the lb itisli schooner " E. IL Marvin," detaiiiiij^ tlie loss of one of his scaling-boats on the "itli August, ISD^, containing tViliiam Shields, hunter; Walter Teiinison, boat-stcercr ; and James (iallager, boat- puller. The boat and its occupants lie believes were forcibly taken by the Russian GovcriHiient. '.\. F,xtraet from the "Daily News," lOlh September, 1892, announcing further Beizures by Russian autlioiilies. 4. Extract from "Daily Colonist" newspaper, the lOtb September, 1892, announcing capture of three boats of tlie " W. P. Sayward," and referring to probable ftirthcr aeizures. Tile Minister observes that Collector Milne's letter, though covering a sworn state- fincnt on the ease of " E. B. Marvin," only states that the master of the " Annie C. Moore " vreported the loss of two boats which were taken by the Russians while out sealing, and '■that the master of the " W. P. Saywurd " reports having lost three boats and crews, also .Vtaken by the Russians. He further states that be will endeavour to procure a statement "from the master of each schooner upon arrival. 1 Tiie Committee, on tlie recommendation of the Minister of Marine and Fisheries, ;ladvise that your ICxeelleucy be moved to forward a copy of this Minute and its Appendices, Slif ap|)roved, to the Right Honourable the Principal Secretary of State for the Colonics, for W^hc information of Her Majesty's (iovernment. ■M All of which is rcspcctfullv submitted. C^igned) .JOHN J. McGEE, Clerk, Privy Council. inhrr 1, 1892, t Ihit'sh sccil'.'is )oii to transmit iiiclosures froiii ats belonging to B. Marvin" is JRAMSTON Inciosurc 3 in No. 36. Mr. Milne to Mr. Tapper. Bir, ^ Ciistnms, Ciniadd, Vivtoria, B.C., September 10, 1892. I HAVE the hoiiour to transmit herewith u statement, sworn to l)eforc mc, of Clarence N. Cox, master of the British schooner " E. IL Marvin," belonging to this bort. The master of the schooner " Annie C. Moore " reported on entering that he had lost two boats and crews, which he states were taken while out sealing by the Russians. The master of the British schooner " W. P. Sayward," which arrived last evening, eporls having lost three boats and crews, which were also taken by the Russians in the eighbourliood of Copper Island. Tijc master of the British schooner " E. B. Marvin," which arrived last night and f^rr* " 6i reported to me this morning as having lost one boat and boat's crew, also m the neigh. bourbood of Copper Island, by the Russian cruizers, or servants of tlie Russian Fur Company. I beg to inclose the statement of the master of the gcliooncr " E. B. Marvin," and will ; udcavour to send you a statement from the master or mate of eatli sciiooner as they arrive, aithou'^h it is somewhat diflicult to get liold of thcin for a day or two after a l()n<> cruize. I have, &c. (Signed) A. R. MILNK, Collector. ■M Inclosure 4 in No. 36. Affidaml of Clarenre N. Co.r. Port of Victoria, British Columbia : ON the 10th day of September, in the year of our Lord 1892, personally appeared and presented himself at the office of Alexander Roland Milne, Collector of Customs, at the port of Victoria, British Columbia, Clarence N. Cox, master of the British schooner *' E. B. Marvin," official number 91810, belonging to the port of Victoria, British Columbia, and being a vessel of 117 tons, registered tonnage. By the affidavit hereinafter contained : Be it known and made manifest that Clarence N. Cox, master of the said schooner "E. B. Marvin," doth duly and solemnly swear and state as follows, that is to say, that the said British schooner "E. B. Marvin " was regularly cleared in due form at the port of Victoria, British Columbia, in accordance with the laws of the Domin'on of Canada, on the 19th day of January last, and sailed away on the following day for a voyage to the North Pacific Ocean, and to the westward of the line of demarcation, as set forth in the Order in Council, " Behring Sea Act, 1891." That on the voyage northwards the vessel proceeded to cruize on the waters of the North Pacific Ocean, pursuing her legitimate hunting on the open ocean, far beyond any limitation to hunting or fishing on the open high seas. That whilst so engaged, on the 7th day of .fune last, was boarded by the United States' steam-ship " Mohican," and served with a warning, and a Chart was exhibited defining the limits of the prohibited waters, in accordance with "The Behring Sea Act, 1891." That the master of the said sciiooner " E. B. Marvin," being desirous of obeying tlie law, and on the information conveyed to him, sailed away to the westward to pursue liis legitimate voyage. That the said schooner " E. B. Marvin," on the raovning of the 5th day of August, while o- the high seas, and to the westward of the line of demarcation, as laid down in " The Behring Sea Act, 1891," while the vessel was under easy sail, and while enveloped in a thick fog, the boats being out sealing, the master of the said schooner " E. B. Marvin," by observation, found that the vessel was drifting to the westward, by a strong current setting in that direction, and the master of the said schooner " E. B. Marvin " found that he had drifted fully 20 miles in twenty-four I'ours. That on the morning of the .'jtli August las,, tliere being a dense fog, the boats went out as usual lor the day's hunt, witliout any thought or fear of interruption, and the customary return was looked for as usual. That on that day all the other bouts returned, numbering four, eacii boat huving a hunter and two boatmen ; the fifth boat did not return, and on board of which was the following named persons: William Shields, iiunter; Walter Tennison, boat-steerer; and James Gall.iger, boat-puller. That several days were lost in waiting and watching anxiously for the return of the missing boats, fearing that some accident had befallen them, and it was expected they might have fallen in with some other vessel, who might have picked them up in the dense fog, and it was not until the master of the said schooner "E. B. Marvin " spoke the British schooner " Victorian " on the 19th August last, when she informed the said Clarence N. Cox, master of the said schooner " E. B. Marvin," that three boats of the British schooner " W. P. Sayward," of Victoria, British Columbia, had been taken by a Russian steamer. That, being short of provisions and fuel, the master of the said schooner / also in the neif;h< the Russian Fur , B. Marvin," and sciiooner as they r two after a loii" r .NR, Collector. rsonally appeared )r of Customs, at Britisli schooner British Columbia, he said schooner lat is to say, tliat rm at the port of }f Canada, on tiie age to the North rth in the Order he waters of tlie I, far beyond any d by the United rt was exhibited liehring Sea Act, of obeying the ird to pursue liis day of August, as laid down in wiiile enveloped ■' K. B. Marvin," strong current Marvin " found the boats went uption, and llie 1 boat huvins; a which was the )at-stecier ; and le return of the expected they up in the dense in " spoke tiic )rmed the said !e boats of the ;en taken by a said schooner 60 B. Marvin " proceeded homeward, arriving at Victoria, British Columbia, on the Iday of September, 1892. That the master of the said schooner " E. B. Marvin " thoroughly believes that the isin" boat from his schooner was forcibly taken by some representative of the Russian wernmcnt or emissaries of the Russian Fur Company in the neighbourhood of Copper |nd, Commiindorsky group, and truly believes that the missing boat's crew is held by |m as prisoners, and the boat and other property belonging to the said schooner B. Marvin " has been confiscated. ^^ i, That the property of the missing boat belonging to the said schooner " E. B. Marvin, a^ other property onboard the same, jost at Victoria as follows : — One boat, value . . Two guns, 80 dollars each Ammunition . . One rifle . . • • Boat's gear . . Total Dollars. 100 160 15 25 20 320 4;;^ That Clarence N. Cox, master of the said schooner " E. B. Marvin," doth solemnly 1^ sincerely swear that the foregoing statement is correct, and contained a true account of the facts and circumstances attending the loss or seizure of the missing boat belonging to'the before-mentioned vessel. ' (Signed) CLARENCE N. COX. ■ Sworn to before me at Victoria, British Columbia, this 10th day of September, 1892. (Signed) A. R. MiLNE, Collector of Customs. 'l Inclosure 5 in No. 36. W Extract from the " Daily News " of September 10, 1892. " FOUR more sealing-vessels, including three Canadians and one United States' craft, ie been seized by the Russians in the vicinity of Copper Island, ands everal missing Its are supposed to liave met with the same misfortune. This news was brought by sealers " E. B. Marvin " and " VV. P. Sayward," which arrived in port yesterday, and Bwed tiie excitement created in Victoria by the first intelligence of the Russian outrages, names of tiie vessels latest seized have not yet been ascertained, except that the Tancouver Belle " from Vancouver is known to be one of them ; the other Canadians (Supposed to be the "Maud S.," "Geneva," or "Dora Sieward" — two of these three Ihough this is not positively known. The owners of the "Marvin" and "Sayward" re amongst the happliest men in Victoria yesterday when they learned that their smart |e craft were at the entrance to the harbour. The " Sayward" was sighted by the tug " Lome," becalmed off Cape Flattery, on iirsday evening. Andrew Lang, her owner, caught sight of her from the outer wharf but noon yesterday, and the " Lome " was soon dispatched to tow her in. She arrived |ut 5 o'clock. The first intimation from the " E. B. Marvin " came in a very welcome telegram sent ICaptain Clarence Cox from Otter Point yesterday morning. The tug " Falcon " was aged to low her in, and at 3 o'clock left the outer wharf, carrying Captain J. G. Cox, [itain William Cox, G. C. Gerow, and Frank Adam, all interested in the vessei, together " news " reporter. The tug met the " Marvin " beyond the Race Rocks Lighthouse, she arrived in the harbour about 8 o'clock. :^ Captain Clarence Cox brought very interesting information of the abstnt vessels, ■^niost important of which he had gleaned from Captain Minor, of the Sai Francisco Boner "Kate and Anne." Captain Minor reported that the Captain of the cruizer asbonic " had boarded the " Kate and Anne," and taken possession of all the skins on rd, as well as provisions, and other articles that fell under hi& observation. After pfully examining the schooner, the Russian told Captain Minor that she was so old weather-beaten that she was not worth the trouble of towing to Petropavlovsk, and [ best thing the Captain could do was to get out of that vicinity as fast as possible. ^tain Minor hastened to take the advice. The Russian told him that they had seized kitish schooners and two Americans. The names of the six he could not remember. [601] K I If'J. '.( 66 except the " Vancouver Belle," of V'ancouver, the " Ariel," of Victoria, and tli> " C. TT. Wiiiti'," of San Francisco. As she Iny alongside of the '• Rashonic," the " Km. and Anne" was spoken hy men from the boats' crews lost from various senlin^-scliooiui- Th(!y asked for biscuits and other provisions, as they were half-starved by the Russimi* The appearance of tliese men conrirmed the itnpression hitherto formed, that the lo,. crews had made the land on Copper Island, and were there made prisoners. Tiiev wir supposed to be now at Putropavlovsk. Cqptain Clarence Cox was not aware that the Russians were seizing schooners uni the 17th August, when the captain of the " Henry Dennis " made the above report. 1; conversation last evening, he said : I did not see a Russian man-of-war during my cruiz in the so-called Russian waters. After losing my boat with Willie Shields and his vnw. 1 sailed around trying to pick them up, thmking they had made one of the sclioonci. sealing in the neigbourhood. I noticed, one day, a small cutter come out a short dislunc from shore and Uvi\ back. 1 did not like the way she bohaved, and made sail to get awav ^Ic from the shore, being tiicn 3.") miles to the westward of Copper Island. 1 spolce sever; schooners, and inquired if they had jjickod up my crew. I had (luite a chase after the " W. P. Hall," who mistook me for a cruizer. She di; not see or hear of any of the seizures, and Captain Brown was willing to give all steamer- a wide berth. The " Hall " was spoken the (ith August. On the 3rd August the schooners " Maude S.," "Geneva," and '• Dora Sieward were sealing close to where I was. They had no intention to leave, but after a fog, whic, lasted but one night, the schooners had disappeared. There were plenty of seal about, and as the vessels must have been doing well, it looked as If they must have been take; prisoners. Something unusual happened to make them get away as they did. Perhaps; Russian man-of-war was only sighted in their neighbourhood. The schooner " Maria'' was spoken on the 1 1th August. She knew nothing of tli; seizures, and had had fairl}' good luck. The schooner " Victoria " was spoken on tli; 19th August, and was making for Atu. She fell in with the " Agnes McDonald," wli': reported having been cliased by one of the men-of-war. A good breeze was blowing at tl:: time, and tlic clijjper schooner won the day. Captain Cutler stated that three scalin.. schooners were passed while racing from the cutter. He felt {[uite safe when these tlire were between him and the Russians, but how they tared is not yet known. One c them he made out to he the "Sea Lion." Captain Cutler did not lose any time just iIku, being anxious to have lots of room between the cutter and his craft. The schooner "Victoria" left for home the same day as the " E. B. Marvin," bir being short of water she called in at Atu for a supply, and perhaps ran in danger l)y > doing. The "Penelope " was also on her way home. Captain Miner, of the "Henry Dennis," sailed for Sand Point on the I9th Angu>;, having landed his coast catch there before going across. He told Captain Cox to wirt his owners at Seattle tiiat he would be home in a few days. No sails were siglitcd by the " Marvin " on the voyage home, which was a pleasac; one, and made in twenty days. This schooner has for her season's catch '2fi'j' skins, \\ hich is the largest reported up to date for any schooner sailin^-? out of port. Tli men in the boat she lost are \V. Shields, hunter; Angus McDonald, boat-puller; ar Tennison, boat-stecrer. No anxiety is felt on their account, as they must have made siiui: or been picked up. The " Sayward." The schooner " W. P. Sayward," Captain George R. Ferry, which arrived last cvenii:. from the Russian side, heard nothing of the seizures. The " Sayward " came home slmr three of her boats with nine men. The five boats left the schooner on the 8th Au;;ii>! and were hunting, when a fog came up. Only two of the boats came back, and the otlitf' must have made for shore. " I sailed around," said Captain Ferry, "lor a number days in hopes of picking them up, but failed. T am positive the men are all safe, as ii wind came up. They must have been picked up or landed on Copper Island. It was no u: for me to remain there with only two boats, and I made my way home, leaving tt; Russian side on the 1 4th August. Tho trip home was a pleasant one until reaching Ca[: Veale, where the wind and fog detained me for six days. I have for my season's woii 1,100 skins. I spoke the schooner " Kate and Anne" on the 22nd August, with 130 skin- She had been sailing on the Japan coast, and had a catch of 1,200 skins, which she shippt: from Hakodate to London." " A lucky thing for her," said the captain, when he wai informed that she had been boarded by the Russians the next day. "The Russians mus! have been close on to my heels. I did see a large steamer one day, but thought it wastht ' Victorin, and ti,f lasbonic," the "Km us sealinf5-scli()()n(i, ved l)y the Riissimn, brmed, that the luo isoners. Tliev wer izing schooners unti 10 above report. |. mr during my crim.. ^hiclds and Iiis cren ine of the schooiui. out a short dishmt lade sail to get iiwnv id. 1 spoke severi a cruizer. She d;: to give all steamer. id " Dora Sieward ut after a fog, whic!, plenty of seal al)oiii, st have been take hey did. Perhaps ; :new nothing of tlir was spoken on tl;; les McDonald," wk G was blowing at tl: d that threu scalin.. \\'c when these thrt Rt known. One i: ' any time just tlmi, ' E. B. Marvin," bu' an in danger hy ^ n the 19th Angu 'uptain Cox to wi: nil hich was a pleiis;i;' ason's catch ^.Oi' J5 out of port. Th d, boat-puller; ai: jst have made siioic arritfcd last eveiiii;. came home sliof on the 8th August back, and the otlur^ " for a number are all safe, as ii sland. ItwasnoiiK home, leaving th. until reaching Cap * my season's woii ;ust, with 130 skin- i, which she shippec jtain, when he wai The Russians must t thought it was thi 0l$l steamer St. Paul, and paid no attention to her. She could have caught me easily at He time, as no wind was blowing. I am glad to be home; eight months is a long .#uizc." The crews lost were : — 1. Neil Morrison, hunter; A. Brown, stecrer; A. McKcnzic, puller. 2. Andrew McGarva, hunter ; Maurice O'Connor, steerer ; Ernest Walsh, puller. .'3. Charles Copeland, hunter; Sam, a Jap, steerer; John Hose, puller. Following are the schooners spoken by the " W. P. Sayward " and "E. P. Marvin," with their catches on the Russian const, which arc very small. The captains complain «f the terrible weather on that coast, alternating between gales of wind and fog and twin. to The " W. P. Sayward " got 400 skins on the Russian side, the " E. B. Marvin " 430, $ke "Carmolite" 800, the " Agness McDonald" 240, "Fretis" 400, '-Victoria" 191, »'W. P. Hall" 190, "Maria" 280, " G. R. White," of San Francisco," 150, "Henry ■Dennis" 420, "Kate and Anne" 130, "Brendtt" 210. The schooner " Ainsworth," of Seattle, was spoken, but did not report, having only just come across. ,!! The schooners "Geneva," " Maude S.," and " Dora Sieward " did not report their flttches, but claim to be doing well. Mostly, all tiiese schooners were spoken between the 1st and 10th August. The " Maijijie Mac" A question anxiously asked every incoming vessel for months past has been, " Have you seen tlie 'Maggie Mac'?" This little vessel left on a scaling voyage in April last, and shortly afterwards it was reported that some wreckage found in the vicinity of Queen Charlotte Island was all that was left of her. Subsequently, a whaler reported liaving sighted a vessel supposed to be the " Maggie Mac." Notiiing further being heord of her, it was feared that the whaler was mistaken, and that the tirst bad news was correct. Yesterday, however, something of a more cheerful nature was heard. Captain Clarence Cox, of the " E. B. Marvin," reported having heard from several scalers at alfferont times that the "Maggie Mac" liad been spoken in tlie vicinity of Copper Island, apparently all well. He had not heard anything more definite, but feels positive ^at no mishap has befallen her. Inclosure 6 in No. 36. Extract from the ''Daily Colonist" of September 10, 1892. A SCHOONER was, yesterday morning, sighted in the Straits, and thinking tha was some craft passing up or down, but little attention was paid to her. Soon "terwards, however, a ship's boat was seen heading for the harbour, and then it was that iterest began to centre in the unknown one. As the boat neared the shore she was cognized as a sealer, and when the men landed they told the brief tale: — "From the 'Savward,' three of our boats seized by the Russians." They at once made for Mr. Laing's house close by, and reported to hi,ii as the incipal owner. There was a dead calm at the time, and Mr. Laing hastened into town, , getting on board the " Lome," steamed out to welcome the " Sayward " and tow her Within a couple of hours the schooner was safely anchored in" James' Bay, a boat wered, and Captain Perry put ashore. He proceeded direct to the Custom-house, where le reported to Collector Milne. When he entered the office he found the captains of the ently seized schooners, whom he had met off the Russian coast, perfeclin;? their -fvidence, which a few hours afterwards was forwarded to Ottawa. The meeting" was a appy one, and Captain Perry was congratulated by r.ll upon his safe return. A " Colonist " reporter was, of course, on hand, and to him Captain Perrv gave the llowing account : — I left Victoria on the IGth January last, on my scaling cruize, with eighteen hands In board all told. With one exception all were white men. The exception was a Jap N called Sam. My coast catch, about 200 skins--185 I think it was— I sent down by [te ' Maude,' and then went on to the seas. Seal were plentiful, but they were awfully ■V,l:"«"f' 'ij 68 wild and hard to catch. On the 12th August I was 21 milcB south-east of Cop]),. Island. The weather is peculiar there — very foggy at times, hut it clears up and con:,, on again suddenly. On that date five boats put out, and as there was some talk lu i the 3-mile or 3-lcaguc limit, I particularly cautioned the men not to go within 10 mil,, of the shore. The weather was then clear. I had heard that one of the ' Marvin's' boi,. had been captured by the Russians, and I was very cautious. F saw n llussian man- war — I don't know her name — that evening. She was about 10 miles oft', and I had ni, heard that her steam>launch was out. I saw the smoke of the launch, but I did not se the launch herself. ••Towards night two of the boats returned and reported that they had seen tli launch making in the direction of the other boats, but could not say that they had bee; taken. I remained nil night signalling and flaring up (burning torches), in the hope c getting the three boats back, but there was no sign of them. "I'h lext day I also kq about looking out for them, and, there being no sign, 1 t-amc to ttie conclusion tlint [ could not continue with but two boats available for hunting. I thought I saw the Russia: making for me, but he changed his course." "How do you account for that?" was asked. "Had you heard of the otlit seizures, and the impression here that they would seize all the sealers found in tliov waters ?" The captain proceeded to explain. ••One of the missing himters," said he, "tol; me that should he fall in with Russians he would put him off; he would not tell hii what his vessel was, nor where she was. My idea is that they thought they were sui of me, and went after the boats, thinking that, with nearly all hands out, I could no: work. However, seeing there was no chance of the men turning up, I sailed for home I have 900 skins on board." " You believe the men to have been captured ?'' "I do," said Captain Perry. " The weather was fine at the time, and the stcan;. launch was about. There were three boats, with three men in each, the names being- Neil Morrison, hunter; Harry Brown, steersman; Alee McKenzie, boat-puller. Charles Copeland, hunter; John Rhodes, 8tc>er6man ; Sammy (Jap), boat-puller. Andrew McGory, hunter; .J. Welsh, steersman; Maurice O'Connor, boat-puller. Captain Perry reported having seen the •• Annie C. Moore" and the "Ariel." H; had also seen the •' Victoria " on the 14th August, with AHO skins on board ; the " Ask- McDonald" on the 10th, with 800 skins, 60 miles off Copper Island; the " Aretis" or the same day, and in the same neighbourhood, with 1,000 skins, and several others wliitl he did not speak. He also spoke the " E. B. Marvin" on the 10th, and, partiii; company with her, thought she would have been home before him. He saw her in the Straits coming in. Asked as to the probable fate of the other schooners about Copper Island, Captair Perry shook his head significantly, and proceeded to the sealers' head-quarters t: report. The ••E.B.Marvin," with Captain Clarence Cox in command, passed through tie bridge in tow yesterday evening, from the sealing grounds. She also was minus scvcio of her crew, one of her boats having been seized oft' Copper Island, a ftw days before the men from the " Sayward " came to grief. The five boats, well manned, were sent off frnm the ship's side in the morning, and when evening came but four reported ; the fil'ili evidently had fallen into the hands of the Russians. The " Marvin " kept firing her guiis and otherwise signalling all through the night, with the view of getting her men hiick should they have but strayed away. They did not, however, return, and Captain Cdx, having cruized about for a couple of days, determined to return. He reports hnvini; spoken the "'Victoria,'' the "Aretis," the "Sayward," the "Henry Dennis," the "Favourite," and the " W. P. Hall." A small schooner, the "Kate and Anne," \n> taken in by the Russians, and, having been relieved of her skins, was let go again, her captors not thinking her worth holding. The missing men from the "Marvin" are; Billy Shields, hunter ; Walter Tennison and James Gallager, boat-pullers. The " Marvin' had 440 skins on board, making her total catch for the season close on 2,000. utli-cnst of CopiK. ilears up and conn, 118 some talk as \ go within 10 mil,, he ' Marvin's ' bo,,;, n Russian innn-r/. 9 off, and I liiid nh li, but I did not sn they had si'cn tl. that tiicy had bw: les), in the hope c ext day I also kcf s conclusion that '. it I saw the Russia; leard of the otlu lers found in tlio; jrs," said lie, "tdi would not tell bi ight they were sui ds out, I could iij , I sailed for home me, and the stcaii,. lie names being— e, boat-puller. ip), boat-puller. nor, boat-puller, the "Ariel." 11; board ; the " Agnt- the "Aretis"o' vcral others wiiid 0th, and, partiii: He saw her in tlit )cr Island, Captair, head-quarters tc passed through ll;; was minus seven,, .'w days before tli( were sent off finm reported ; the fil'ili ept firing her i,'uii5, ing her men Imck and Captain CHx, He reports havin; nry Denni?," tlie e and Anne," m let so again, her le " Marvin" aro; The "Marvin' 2,000. ---J 60 No. 37. ^ The Earl of liosebery to Sir R. Morier. Forelifn Office, November 4, 1892. WITH reference to my despatch of the 18th idtimo, 1 inclose copy of a letter from _j Colonial Office,* containing the affidavit from the master of the "W. P. Say ward" in Sard to the seizure of that vessel's boats by a Russian steam-launch. "™ I am, &c. '^-- (Signed) ROSEBERY. ■'.(» No. 38. Admiralty to Foreign Office.-^{Received November 23.) gj^^ Admiralty, November 22, 1892. I AM commanded by my Lords Commissioners of the Admiralty to transmit here* ^h, for the information of the Secretary of State, copy of a letter from the Captain of Ilfr Majestv's ship " Lennder," dated the 10th ultimo, and of its inclosures, giving an account of 'the proceedings and seizure of the British sealing- schooners "Maria" and " Carniolite " in the Behring Sea, and of the subsequent disposal of their crews. I am, &c. (Signed) EVAN MACGREGOR. Inclosure 1 in No. 38. Captain Castle to Admiralty. " Leander," at Yokohama, October 19, \892. IN confirmation of my telegrams of the 17th instant, I now forward, for the informa* in of the Lords Commissioners of the Admiralty, the statements made to me by the tains of the late British schooners "Maria" and "Carmolite," giving all the facts nccted with the seizure of these ships while sealing in the Behring Sea. 2. I also append a track chart showing the relative positions of the sealing-schooners the time of capture. 3. In accordance with instructions received from Vice-Admiral the Honourable E. R. Fremantle, K.C.B., C.M.G., the Commander-in-chief, from Peking on the Ith October, 1892, " to use my own discretion as to the disposal of the captains and ws, and to consult my Lordships," I decided to permit the captains and crews, as it was late to wire to Admiralty, to proceed in the " Empress of Japan," on board which ship r were shipped as distressed British subjects by Her Britannic Majesty's Acting Consul Nagasaki to Victoria, a British port. I have further instructed them to present themselves before the Senior British Naval cer at Esquimau, or in his absence to the Governor of that province, the Commander- chief having instructed me to keep them under naval control. 4. I have written to the Senior Naval Officer at Esquimalt and to the Governor to rm them of these men's movements. I have also telegraphed to them to let them know on they may be expected. !, I hs*-.'', ic. (Signed) W. MoC. F. CASTLE. Jt • See m. SI. 70 IiicloHuru 2 in Nd. 38. !Sliili'nitnt mmlc bq CopliiiH S, lialcum, of t:irah'f '' Marin." , I 'I'lIK (M)|><'\in sliitfil llmt lii« schooner I he " Miniii" wns ic^islcrcd iil Mnithip, ' Jg Nova Scolin, (onnnyc 05 tons, ircw twonty-livc in nnmbiM', coinposi-tl ol' Kimlisl, „ '(' Victoria on n spiilinu; expedition, liavin'A cIimicI tMisloui-iioii^c witii jiapcr-i Tor I'acilic Ocean. Had sixteen jj;nns on lioard. ('oi.nucn K()itlin.>; ot} Cape {''lattery on t!ie 1st May, IH'.L', and eontinned openilions np cdivi Vanconver and Alaska (Voni 2(1 to l.'iO niiicH till shore and aloni; sonlli side of Ah ii. IhIhiuIs. Killed niiont \-iH ncaN on the const of VniK'ouvcr, nnd -1 IS> oil' Copper Kl,, (Koniandoi'ski uninp'), inidun.; 't'M in all. lie was cajilnri'd oil' Copper Island, on tia' east side, close iiishoie. 1),|, niilcs IvN.I ol' sonth-wi'st cxlreniity. as coinpiited hy the captain ol' the " Kotik" (a llussi.iii Iraili-. steamer), wliicii sliip hiui the (Jovcrnor id Koinnndorski Islnnds on hoard. The sr:il hoats, six in niunhci', were ont lisiiini!;; also a canoe. 'I'he (iovernor stc-anicd ahm;.; the "Maria," and hailed tliu captain to hrini; his pajuns. Il» took them on Imanl ; i Cjovoriior luokitl ovrr th«!in. nnd said Captain llalcam conld not rctnrn to his scIiooiki. ho had heeii liikinj? KcnIs in Russian waters. The captain slated he had heen ll^lli; outside l\ leaijues oi' the coast, and therefore thought himself (piitc safe. 'J'lie (Jovcri replied he was in Ki'.isinii waters llussian seas. The llussian Governor al.so Kaid that tlie K'ussian waters extended to the par.dW Cu|H! Lopntka. A |iri/.e crew was placed on hoard the " .Maria," eonsislinj; of the second otlieei oil •' KotiU " and ten men. The •• Kotik " anchored oti the vilhifje in I'eschanni Hay, also the schooner. Tl; were allowed to take their personal effects with the exception ol idop-chesfs, chaitv, ,i instruinenls, Tliey remained on hoard the " Kotik " one week, crni/ing round t: I5elirim; yronp. and finally anclioivd in I'etropavlovsU on the L'Oth Aui;ust. The " Maria " arrived two days before them. The authorities at IVtropavlovsU ijave the crews a shed to live in, and they t fiulficient provisions for use from the schooner, also their beddin;' M. Alalanwanski, the ni?enl for the Fur Company, gave captain a comlbitv liouse, which lie occupied with hi.s mate, Mr. iJexter. Wl ptain Hughes, of i^ ' Carmolite." arrived, he niso was taken in there. The vvom . die house cookid ! them ; no eliaine was made. The crew were i^ivcn a shed so small nnd uneondiirti; that some of tiiem preierred living in the town in native houses. 'I'liey sold their cliitli^ to jviy lor lodgiiiii; they had no money; Captain Jialcnm had about 10 dollars;! luithorities did not interfere with tJiem. Mr. landhuist, of the firm of Kelly, Walsh, nnd Co., of Yokohama, behaved vir kindly. 'Jliey left clear of debt. The '• Kotik ' also seized three men in the vicinity of Copper Island — the boat's nv of the " Annie Moore," which ship, however, was not swn by the " Kotik." About tile .'iOtli Auu-ut-t, Captain Hughes, of the scaler " Carmolite," which w as n; (ured on the *28th Auiiust, arrived in the Knssinn corvette " Vitinz." The " Vitiaz" Kiiled from Petropnvlovsk for Vladivostock on the .Oth September,!! " Maria " beint; in tow of her. After steaminsi; through tiie Amnhitrite Straits tlic " M.irii was cast off, and slie subsequently captured on the west side of Onekaton Isiaiul t American whaling barque " Cape Horn l'ig:eon." The prize crew of the " Marin " «ir placed on board the "Cape Horn Pigeon," and the crew of the "Capo Horn Pigeon ''c board the " Maria," and tli?y proceeded to Vladivostock. . The "Vitinz" reached Vladivostock on the Silst Sejitember. Forty-nine men \s,: landed and placed in n small shed suitable for about tweniy-tivc; they had a |)rovi-i allowance made them of half-a-rouble a-day ; those who could not find room in tin >ii. lived in cheap lodgin^is. The two captains and two mates paid 1 rouble a-day for one room, and slept oii li floor. During their stay the captains called on the Russian Governor and asked for -ov. documents to certify that they were tiie masters of the captured vessels, lie replied ti the papers would be sent to the Russian Consul at Nagasaki for the information of tl British Consul. Apparently none were aent. 71 'nriii." •,i;isf(«i'c(l III .M,Hil,i posed of Kii!>lis|| ;, )n, liavini; clcucl Ixianl. ('di.iiiicik licivitioiiH ii|i ('(i.hi Diilli sidi- of Aim, 1 1!» oir Copper lv|„ lidit', !(,', mills K.\,l " (ii Itiissiiiii liaili'. Itoiivd. 'riic NciiJM lor slcaiiu'd uIoium tlii'tii on lioiiril ; I rii to liis scliodiK I, he lllld hcL'M li>l||; siifc. 'J'lic (Invcri l)ctwreii Aiiu'iicii .h led to the par.dKI ! second odicir di i I ho scliooiicr. Tl: Dp-ciu'sts, {•halts, ,1 ciiiiziiii,' niiiiiil I; i;ust. c in, and they t / ptain a coniloilV tain Huj^lies, (>( i' le house cookid ! • II nod une()iiit(>r|;i: ey sold their elotl* out 10 dollars; t inina, behaved vir ii(! — the boat's err >tik." ite," which was e Ith Septendter. i' Straits the '• Win:. 'nekaton Island ! tiie " Marin " \w. »c Horn Pijjeon ' r )rty-ninc men wi; ley hud a piovi-i d room in tin >li; 11, and slept uu t: md asked for -o-.: s. He replied ti infurmatiou of tl. The creWH left, Vlndivostock on the 'J8th Sejitemher, and arrive d at Na';iwakl oi) the lOrloher, heint; ordered passa-reH hy the Russian authorities in \\hlivssed Uritisli heets and tiiinlly, on the ir)tli October, embarked tluin on bo,. id tiie " Hnipress of Jipan " for \'aii( oiiver, N.iiie ol the sclioDners were sold befon- they left; l!ie " Carninlile " had not arrived. At the tinieol their leavini; Vladivobtock no seamen id captured seahii^'sehooiierH Were dMoine'l by the authoritie.s on shore. > * I'iiis statement is eorrt^ct. (Signed) SIMK )rr UAI.CAM. Miisirr iif Srdlliiij'.trlioinifr " Mm in." Witnessed by — (Si-iied) \V. MoC. F. Casti,I{, Cdplnin iinti Sriilor ()//!rrr, Jtijinii Dirision. J. W II Kit IT, ('Ink, Yokoliiiinti, October I'J, \80'2, . - . . ,....-— .^^-h... .. - -.— « Inolosuru 3 in No. 38. Slalentenl hy Captain Willidin Ihiijhcs, of Srnlrr " ('(iniiolitr." 1 THE "Carmolitc" was registered at Liverpool, Nova Seotin, oHicial No. 02^22, of ,89 tons ; carried seven boats, t*ix used solely for Bcidini,' ; crew twenty-tiinse, all told — sixteen Canadians, five Knglish, and two .Inpanese; previous to sailing ironi Victoria, Nfxived no warnini; of Uussiun limits in regard to ISehrinp: Sen ; cleared nt Victoina Cuitoiii-hoiisH on tiie 1st February with pupers for I'aeitie Ocean; armaincuL on board consisted of fiiiirtcon guns and ammunition; started sealing at Cape I lanco about the j^ February and continued right over to Cojiper I^^ltmd ; sent IS7!J seals to Victoria by Mliooner called " Libbey " ((Janadian) from Ke liak rslanil on Alaskan const, thcneo SBpceeded to Copper Island, where arrived about the lOtli July; continued sealing d miles to northward and fit) to 1'20 iiiili s to southward, till tin; 'Jfitli August, when MJIzcd by lluK.iian corvette "Vitiaz" aboin 2C> miles east of south end of Copper island t computed by liussian ofHcer ; previous to being seized "Carmolita" was about, miles east of south end of Copper Island when first sighted by liussian man-of-war and n was eliaseil and captured. Uussian olHeer asked ca|)tain reasons for being so close to Chopper Island, who stated that he higlited land to correct chronometer, which was examined by navigator of Ku.ssian n-of-war, wiio him.self stated that it was incorrect; impers were e.vamined, and Ca])tain ghes taken on board (with thiin) the " Vitiaz." Kushian Admiral was on board " Vitiaz." time and himself ordered seizure. " Carmolite " lu.'d (J()8 seals on board when .seized, ich had been killed chiefly from GO to 121) miles to north and south of Cop|)cr and ihring Islands, never nearer to land than ^0 nnles ac'aally .sealing until sighted by iiiaz;" all seals, guns, and boats were confiscated. ( ;<|)tain and crew of "Carmolite " Ih all personal effects sent on board " Vitiaz '' except the charts, sextant, and chrono- ter, which they (Russians) claimed to belong to the ship ; then |)rizu crew was placed on rd the " Carmolite," which followed " Vitiaz " to l'c:roi)avlovsk, where " Vitiaz " ived on the 30th August ; there they were put on shore (or five days, and allowed cents a-day per head to exist on. On the .Oth September Ihcy were embarked in itiaz" and taken to Vladivostock, where arrived about tho 21st September, having led at intermediato ports of Saghalieu ; up to time of leaving I'elropavlovsk tfic ICarmolitc " had not arrived there, but on reaching Vladivostock told on board " Vitiaz " at " Carmolite " had arrived at Pelropavlovsk. At Vladivostock they were sent on shore and allowed 25 cents per head a-day to live ; here they remained about a week. "No guard wns placed on the captain or crew whilst cither on board the " Vitiaz " or ilst living on shore. They remained at Vladivostock until the 28th September, when they were placed on rd the steam-ship "Tokio Marii," their passages arranged by liussian (Jovernment; ire taken by "Tokio Marii" to Fusan, were put on board "Gcnkai Marii," and takeri Nagasaki, ubere Russian Government handed them over to British Consul b" leans of lap Cuasul. vH «-. H m There placed on board steam-ship " Empress of Japan," for Victoria. At time of leaving Petropavlovsk and Vladivostock none of the crew nor any Britisli subjects left at either port ; no one belonging to " Carmolite " left in debt to anybody. This is a correct statement. (Signed) W. V. HUGHES, Master of late Sealing-schooner " Carmolite." Witnessed by — (Signed) W. McC. F. Castle, Captain and Senior Officer, Japan Division. J. WniGET, Clerk. Yokohama, October 19, 1892. Inciosure 4 in No. 38. Tracing. No. 39. Colonial Office to Foreign Office.— -{Received December 1.) S'i, Douming Street, November 30, 1892. WITH reference to previous correspondeni e on the subject of seizures of nnd inter- ference with sealers by the Russian cru zers, I am directed by the Marquis of Kipon to transmit to you, to be laid be^'^re the Ikrl of Rosebery, a copy of a despatch which has been received from the Governor-General of Canada, inclosing a copy of a Minute of the Privy Council containing particulars with regard to the boarding of the British sealing- schooner "C. H. Tupper " by the Captain of the Russian cruizer " Zabiaka." Lord Ripon dei '< to invite Lord Rosebery's especial attention to the fact that i^ ^ vessel in question, when boarded, was distant 59 miles from the nearest Russian terncory, and to express the hope that Lord Rosebery will consider the advisability of bringing this aiiparantly unjustifiablp interference with a British vessel on the high seas before the Russian Government. No formal claim for compensation has yet been made on behalf of the owners of the " C, H. Tupper," but doubtless some communication on this subject will be received in due course. 1 am, &c. (Signed) JOHN BRAMSTON. Inciosure 1 in Nu. 39. Lord Stanley of Preston to the Marquif of Ripon, My Lord, Government House, Ottawa, November 1 1892. IN continuation of previous correspondence on the subject of the seizures ot British sealing-vesscls by the Russian authorities in the North Pacific Ocean, I have the honour to forward copy of an approved Minute of the Privy Council, furnishiug particulars of the boarding of the schooner " C. H. Tupper '' by the Captain of the Russian cruizer " Zabi^ika." It will be observed that though when boarded the ship was distant 59 miles from the nearest Russian territory, and was shown by her log to have been nt no time durint; tlic voyage nearer to such territory, she was ordered to leave Russian waters, which, hov/evcr. the boarding officer refused to define. I have, &c. . • (Signed) STANLEY OF PRESTON. l/ii-/osii/r I: in \F,U{. line E BEHRING ISLANU /«7* tea* KOMANDORSKI ISLANDS (Tfaee df'iihir Ihr' scale of Adm . chart Nf 2588.) (.Hv^nciij A.U,''it^on 'l5 c'Vfi-fvt , {siijn£4L) Wr F. CASTLE, Captain^, H.M S.'^LEA N D ER^' uU^ Y ok/} ham a', Oct. i9(^ 1892. l.sujtu-J ] V^. O.HUGHES, Masfr'T' cl late Scalin// Schooner " CARMO LITE. " (.HUpwM-) SPROTT BALCAM, Mcuiler of late Sealing Schoorver. "MARIA'! ■ i\ !\r •■'■;. f/W 14^5) Uunniii i»«««Ulli..VILr*u,jUn*Ki T' ril\ f9>. 7:^ Iiiclosmc 2 ill No. 'iO. lii-jioil of II CoiiDiiltlcf rif till- lliiixiuiiililr llic I'rini ('niniiil, ii/tinoiri/ In/ hi.i hl.iivllniii/ till' (loitnior-diiiriul In Ciniiinl on Ihi' Uli Xorrinlii'r, IKUi. ON a Report dated tlic 3Ist Octolier, lP!)i', tVom llic Minister of .Marine and Fislicrics, statin};, witli rcfiMeiitr to llic several Miiuites of ('(Jiincil on tlif Miliject of seizures oC and iuterlereiico with IJiitish vessels in the North I'acilie Oeeaii liy the IJussian authorities, Ihiit lie ha.s received a sworn statement hy Weiitvvortli K. I!id\er, master of the Miilish sealiii^-sehooncr " C. II. Tupper.'' 'iliis statement, which is hereto appended, relates \s follows: — 'I'hat on the 10th day of August, ls'.)2, while in latitude ii.'i oO' north latitude, HJfi" 7' east, the "C. H. I'upper ' was hoarded hy an iiliieer tioin the Kussian crui/er "Zabiaka." The master was ordered t) {j;o hoard llie Kussian eruizer with his ship'a piiper*. The Captain of the "Zahiaka " then proeeeded, with the assistance of the log-hook iind ehai't, to locate the daily |)i)sitioi! of the ''('. 11. Tupjur" during the whole time of the vessel's |)iesence in Asiatic wateis. This operation resulted in the aseerlainment df the fact that at no time prior to the Imardiiiir had the schooner hien nearer than (iU miles from land, while at that time slie was about ;VJ miles from the nearest Russian tciritory. 'J"i;c jiosition at the time of hoarding was entered hy tiie Russian Commander in the lo;4-l)i)ok of the schooner "'C. 11. Tupper." Captain Maker was then told that he could proceed home wilh his vessel, hut that I is skins would he taken : the Uii>sian Commander len.Hik'ii^- to ](i;ii, " Your (iovernment stupjied sealing on j'our si(ie ; we ctopped sealing on tins side." The mastei' of the " C. II. 'I'upper '" slates that his undtist.inding of this remark was that as the British Government had entered into an aiiMigen ent t(; piivenl Itiitinh vessels from sealing; hi American waters, his Govenimeiil would do likewise on the Asiatic side. To 'his Captain Haker replied that scalins^ was prohibited in the American waters of Hcliriiig Sea, hut not in the Pacific Ocean. Upon being asked when' he had been since he left port, he related an account of voyage, telling the Russian Commander th.it he liad sealed along the .Alaskan coast; but the Russian Comniaiuler expressed his (hnibts of this statement, as he was uiuier the impression that sealing hud been stopped there. He was informed, however, by Captain Maker that he had entered and cleared (Vom the United States' port of Sand Point, witli -kins on board caught in tlie Pacific Ocean, and that at the time of speaking he was still m ti:e Pacitic Ocean. After again going over the positi m of the "'C. 1 1. Tupper" during her stay in Russian waters, and having a conversation wi^' his two oHicers in the Russian l.inguagc, wh'cii was not understood by Cajitain Baker, tl mniiinder of the " Zabiaka" inforiiuil thecapt.iiii that he would allow l.'ini to proceed li uic ; liut if i.iAnin i aught, holii vi>- i and skins would be seized. He pi'oduced a Proclamntion issued hy tin Kussian (Jovcrnment prohibiting seal- hunting in Okhotsk Sea and Russian waters. On being asked for a definition of limits comprised in the term " Rus-im waters,'' he replied : — "Never mind limits. No seal catch. You can navigat<' these wains, but no seal catch. You came here to steal seals." This was the only reply vouchsafed to the rcipicst for definition of the limits of Russian waters. The Coininandcr of the "Zahiaka" then made the follow inix entry in the dailv jouri.al of the " C. 1 1. Tupper " :— "The warning was deli vci'e.l tio-ri the Itussian man-of-war • ..er 'Zahiaka' which proclaims the prohibition of seal-hunting in Russian waters and iitur the Commander Islands, 1S92, the lOtli August. (Signed) " B. nE Levron, Captain. " Latitude 53^ 60' north, longitude 100° T east." Captain Baker, upon returning to his own vessel, ordererl sail to he made for Ih? pott of Victoria, and entered in his dailv journal the following. — [604] L T?ffT .3. • i 74 " Wednnxhnj, Autjmt 10, li'flS. This day, wliilc Hie vcssH was lyinu; liovr-to under a short sail, in hititndc r).'V fiO', Idiinitudc l(i(V 7 ciwl, thi> Knssiini man-ol-war ' /ial)iaKa ' ran alongside and orderi'd ns to hcavo((», sent ;i iiniit mi hoard and dcniaiuU'd that tlu- schooner's jiapcis he taken to the iniin-df-war, whieli was doni", and tliei'e examined l>y the Cnptain, the papers heini; found in order, lie then ordrred tiie ve-sel to leiive those waters uixlcr a penalty of sei/nre and eontiseation slionld slie ai^ain he Counil ihere, nnd would not give any satistaefion a-* 'o wliat they elaimed as Ilussian waters." The aehooner "('. IF. Tnpjter" had hcen l)nt ei^jht days in the vieinity of Uussian W«tor« when ordered oH". There were on iioard *J70 seal-skins ; ami tlie 'Miptain ealenlates that, ns the weather was fair and seals pi. 'nlilid, siuli interruption oceasioiied the loss of TSO skins to the owners, himself, and the erew of the sehooner. The Minister o( Marine and Kislieries oiiserves that it api)ears, therefore, that Captain 'u\f cjf the Xcutli I'aeilie (leean. .'). That saiil Captain of the ■ /;diiaka " ent( led in the loi,'-liook of the said schooner " ('. H. Tu|iper " the jxwition of the said schooner 01 tiie loth ilny of .\u^;ust, 18!I2. as stated in piti'ii){ritph 2 of this mv declaration. ('). The said CaiUtun of the " Zalaaka, ' after traiin^ my daily po.siiioii as mentioned in (iara<,'rapli 1 hereof, lusiertiiined that my said ^chooiii'i ha 1 not lieen lU'a'er than about (id mih's IV-viu land l)ofore. and that I was then about .'>0 miles from land. 7. The Captain of the " Zalaaka " then stateil to me : " Vou can take your ve.ssel and ;,'o home, but I'll take your skins. Vour (iovernmeiit stop sealin on tlii< side." Hy this I 'lionj^ht he meant, " .Vs your tfoverninent law stopped sealinn,' iVe. To tli;- 1 leiilied, " .No , they have only prohibited sealin;,' in IJehring Sea, but not m the I'ai ilic Ocean." lie asked where 1 had been .siiico I tirat left N'ietoria, and I gave him uu account of my voyage, lellm : him I had sealed along llic; Alaskan coast ; lij npIieU that thia could not be. as my Itovernnu-nt had stepiK-d sealing. I theu told him thai I imd I.) riitiTi'il iinii I'ltMii'Oil fruiii Siiiiil I'liiiil,!! I'Mili'il Sliih.s' jkiiI. w iili si'iil-Hkiiis on IkiiiiiI, wliicli I liiiil ciiii^lil ii< till! Pacifi)' I ) tne I wnn ulill in llio I'acilii' I K'lMin, S. Tlir Niiicl (ju|itiiin nl' tlii' " XiiliiiiUii " ii(;!iin wiinl hVit my ilaily pnNJlinnH tlnrinn llir lime ( wb« on (III' AHiiilic aUh: nf lUr, rjiiiliu (Ici'iin, iiinl (lien liiul n riinvi'isiilinn willi liis two ollici'r.i in tlicir own liiii;;iia;,'<', wliidi I iliil mil, iimlcrstiiml, aflrr wliiili llm <'ii]iliiiii sniil, " Vnn run ^d tliin limr, Iml if I catrli yon li<'>''' iiK»i>i I ^vill tiiki' yiinr .si'liiinni'r iiml HkiiiM." Il(< hIhii saiil to \\\r llial, liuvin^ Ixiuii waiiH'il liy liim, tlic ntlicr hiiHsian niiin-nr-wiir winilil tiiili cirws. Whilst liilly un(lcrstantlini>- llic irritation caused liy statements ilt'iii^ali)!y t;> tlit- i^nvsim nation.:! Iioiioir, I cannot admit that thu imswei' ol tiu- Commiindcr ol the Unssian INiciru- I'Meel (li>iioses ot nil the (piestit)ns raiseil in tlic iiih'-wr'moiii' o( the Kiih Si |it<'ndier. and 1 would venlnie to depreeate tiie use of Htroni; l.in;;naiie in relereiuT to ;i ipiestion ol exeepfion.d delieaey «hieh reipiiics to he tented on hotli sides with a Irieiidly deteiniiniilion lo aniv<- at a lair and eipiilahle st-ttleiiient. Your I xeeileni y may rest fully assuieil that Her Majesty's (Jovernment will ask for iiethini; luil what (hey are justilied hy international law and intermitionni emnity in elaimint;. and on the otln>r hand I lerl assured that the Imperial (Government, will not on their side reluse what international law and ir.ternatioiud eomity deeidu that they should jcrant. The eiuuphiinls oi the Canadian lisluruu-n fall mider two heads: first, the treatment l!iey declare tiuy experieneed at the haiuU of their eapttirs ; and, secondly, the illegality if the eapturcs themselves, in that they were eliected on the Uh^U seas at coiisiderahlu distanci s Irom Russian territ >rial waters. In rur Kxcelleucv's note on the .)ther, shows that the diserepnney is not s.o f;reat as it at tirst appears. I he Crimuauiler of the Imperial I'acitie sipiadron lays cxceptiona! stress upon the jTOod triiitment which the ollicers and ctews of the captured ships received on hoanl t!u- •• /.ahiakii," and he appeals to the lestiniony of the otiicers of the " Mary," (he " ("aiu-.olite." and tlu" " \ aiu'ouver Melie " to prove the Kindness and courtesy which tiiey had met with. N,)\v, in the allidavits transmitted herewith it will be perceived that no complaints are made wth nrcrencc to the treatnuMit ot the oiKeers and crews whilst I n hoaril the " /.alii.iku," aiul immcdiulcly within the power of the Captain of that ship; the I oinplaints begin utter the crews were hinded and lcf\ to look after themselves cm shore. The alternative which scms to havi- presented itself to Captain de Lcvron a|)pcars to lune lieen eiiher to send tne captains and crews to be tried at Vladivostock on the charu;.' ol lauiinu or at once to contiscatc the shi|>s ami turn the crews adrift. In all three eases the masters in |uire(l wiuit was to hccomc ol them when they landed at Petropavlovsk. In each CISC they «eic told that I'rum the moment they left tiie erui/.ers (lie captains would be no lonirer re>ponsihlc tor ti.ein. It was clear, under these eirciimstnnccs, that it became the duty of the civil authorities of the town to provide for the wants of destiiutc torci::neis Ian 'cd upon their si. ores against their will. This duty the sworn evidence Mo.\s to ha\e been tlajjranily neglected. I he " Ispravnik " could not at tirst be induced lo let at all, and then assii;ned a lilthy room 10 feet hy IS feet in which the crews of the " .Ariel "' and " Willie McCiowan," in number ahont fortv-seven, were lodged, with so little loo :i that a number of them were loicd to sleep outside on the hard ground. Hy the kiiiiluess of a local merchant, .M. Malvanonsky, the captain and the white men of the •• Rosic Dlsen " were acct.minodated in an empty warehouse. The allowance of I.") copecks a-day tor fooii seems only to have been commenced on the JJrd August, the crews laving already been o\\ shore tor stivcral days. 1 should add that there was one great hardship which all the crews bitterly com- jlained o^ -that ot insnlfieienl clothing and that it does not appear to me that the matter was iui)uii-ed into and remedied as it ought to h.ive been. For instance, the crew of the •' .\riel '' were roused at l"3() .\.M. and compelled at once, and without the opportunity i^i inoiicrly clothing themselves, still less of taking their kits with tliem, to jio on hoard the " Zabiaka." On arriving at I'ctropavlovsk the master asked Captain rie I.cvron t-) be allowed to ;;o on board the prize and letch bis clothes. This was at once gr.mted. When .Mr. McLeod got on board the "Ariel," however, be found that every- thing bad been ransacked, and that all his clothes and other property were gene, though by whom this had been done there is no evidence to show. Now, it is clear that this was a matter which, tor the good name of the Uussian prize crews, ought to have been rigidly inquired into. Kinally, the masters cflm|)lained of the very hard conditions stipulated for by Captain de Levron with the master of the American ship " Majestic" for repatriating the crews. Ou the the other hand, in the telegram of the Commander of the Imperial Pacific 17 sipindion it is stated tliat tlic cirws of f.lip " Arifl '' niid " Willio M<>(io\v(iii " wrrc K"'''y (it •iiitiiiDiis iind disoi (lolly rnndiict, iiiid iTi|iiiiTd t(i lie itrouKJit to order iiy I he use of forii!. Thoiinl), Hs I observed Icdire, an imparl iai examination of t.li(; evidence, willi the jillinvance due lor exa^ireratioii on tlie |iart of men s nartinif under a senxe of liardsiii|i and injiistiec, would seem to show that the undoid)le(l il>-nsai(e experieneed l)v the ollieers and crews of tlie three slii|is durini; llieir Sdjourn at l'<'lrn|iiivIovsii is to he impuleht should be continuous, and pursuit begun whilst the otfending vessel h still within territorial waters. Tills would seem to reduce the case of the three sealers to very simple proportions. Thougi! there is a discrepancy between the distiiiux'S from the nearest Kussian land as culeiilated in the British and Kussian cases, they are i'l each case far beyond the ■'t-inile limit constituting the territorial waters. The only (piestion to be decide and 1!) of the inclosed atlidavits, prove this beyond a doubt, lie comes across the two scIiooik is casually, Knows them at once to be sealers, boards them, linds dead seals and fresh seal-skins, and lorlhwith contiseaies the ships and makes their crews prisoners, idthough the liut appears to bi; that wh"n he sii^htcd the schooii'M'.s they were beyond territorial waters at a (lislanec of If) and '20 miles respectively f-o;n tin! nearest Russian territory. The case of the ' Kosie Olscii " is still more conclusive, if this were possible, for at the time when she was captured she was actually engaged in her le^itimute occu)mtion of sealing in the open sea, her boats being all out at the time, and having to be coilcclcd by the " Kotik " before they could proceed. How could siie under such circumstnnccs have been escaping pursuit ? The iilen of pursuit fro:ii territorial waters is never even incidentally put in. In every case ..le ground ol capture alleged is that the ships were taken in IJussian waters with ))roo(8 on board that they had been engaged in catching seals in territorial waters otf the Commander and Copper Islands. What these {iroofs can have been it is difiicult to understand. It cannot be supposed that the skins could afford evidence that a particular seal had been caught witliin 3 miles of the coast and not out at sea. All the information in the possession of Her Majesty's (iovern- ment tends to show that the vessels had carefully avoided fishing, or even approaching, within 3 miles of the Russian coast ; indeed, the masters and other deponents assert that they had kept at a much greater distance. No testimony has hitherto been produced which invalidates these statements. It seems clear, therefore, that Captain de Levron and M. Grebnitzky mean by " Russian waters " something wholly different from the !i-mile limit recognized generally by international law, and specifically by the Russian Govern- ment iu regard to these very seas, as constituting territorial waters. They talk of their f\ "M H. ■i '?■[■ P. ' V Iff. v:h.'' I \ ;f" ■ s} ir ■ w , ■- Ij^ :4 If m fwr w 78 right to seize ships which can be proved to be sealers at any and every distance from tli shore, at 1,000 miles if necessary, so lonp us there is proof, even if it were only tli presence of salt, of their being sealers. This languai^e has been used by M. (irehnitzky not only now but so far back as 1B88 in connection with the capture of the " Araunah." It is clear, therefore, either that thcsC olriccrs are unacquainted with the rules of international law wliich govern the case, and the special declarations of the Im()ctiiil Government in reference to these seas, or that being acquainted with tiiem they have deliberately set them at defiance. That Captain de licvron was working ujion ii deliberate theory on the siihjeet seems clear from the affidavit of John Mcleod, n\iistir of the "Arid" (p. 9), wiio asks Captain i I I III NiiiMiK mill l>i'|);ii'tiiri»i. rlil.r. Niiifc'i Diitt'. 1. Tiiiii'. 1 1 M ,'■10 r M. '1 \.\t 1 1 Si. n. ' ... Slliln Huuv ilrllllirl -'li liil.ir J Ii.Imt H 1 imr. Itininrk". llitLniUti' l'i'llii| iivliiv»k , . Kili>kii|i|Mi llnv (Sliili'ii Miiiiil) IlllkoililtO Hrplrnilin IW Oi'tnliir X (l.t,!., I 111 :i';ii) IV M. 2' 10 r.M. t>ij;ii.-.l) W. M. K. CASTLK, (\,i,i„in. liicldHuic n ill Nlii|HM('('l\C(i on llic .'lOili April, niic iIkiusiiiuI iiikI «'i};lit hikI iiiiiclv-iuir (IS'Jl). Srlmoiirr " llniloiisnii." lit' (hill ilii'tll ill tlir I.olil Will ici'fi^o n ^iiiil nw.iiil. TllOMAS I'OWKM,, Milluall, Nciir Colofonl, (ilmiiTstcrsliiiv, ICii^IuikI. Inrli)smo -1 in No. 4'-. Cnjilnin Cimtli' to Vicr-Ailmiral Sir F.. Frtmanlle. (Kxtrad.l " I.nimler," nt llnkodotr, Oclobcr 10, IS!>2. I IIA\'K till' honour to irixirt dial I ariivnl at IVtropavlovsk on (lie ulti'inooii of Friilay, the .'\Otli SeiitfinluT, iNifJ, and foinimnoi'd to fjatlicr the facts i-onnecli'tl willi llic sri/uic lit" Hiitisli scalinj^-siiiooiuMs liy Wii-i^ian fiui/'ors. ■J. 1 asfoilainrd that, in ilio Sm of Okliotsk, no sL'i/nrcs were ninde, nnd tiiat no Hiiti>li snl'jtxts Wire detained r.t IVtropavlovsk. M. It apiHurs thai, siiuv July, scvi'iul Hiitish Si-aliiig-schooncrs, whose crews nvor.n;;('il fwenty-tlirtr n.i-n v:\v.\ after eiideivoniinj; to lake seals in the neij-hhoiirhood tif llie Aleutian Islancis (puieliased by Ameiita from Russia the Ihth Octoher, 1 '*(!"), sailed down to tlie Rehnii'^ and Kon'.;iiiiiorski i.rou;i, and eoinnieiiced their fishing opernlions in Kussiiin wiiteis. 'Phis I ascertained lioui a reliable Bouree. •1. 'Ihree Russian eiuizois have lieen ciiiployed in pntrollinr;, not only the Komaudoiski provip, hut ahuii: the iioith-e.st const ot Kanitchatka and about K.irai;inski Island; ihcir names are the " Zabiaka," "Holi!," and " Yakoute ;" the Russian Admiral in the " N itiaz " li.s also lately oceii in thes:; waters. The cruizinj^ season ol these vessels terminates the second week in .NDveinher, when n portion (eight) of the crew ik coaling, and about to proceed on another ciuize: the " Yakoute" left for the Ko:uaiidorski group on the morning of the 4th instant. ;'i. Since July, the " Zabiuka " has seized in the neighbourhood of the Koniandorski group the following British sealing-schooners : "Willie McCJowan," Captain Mclx'od ; si ■■Arid," nanio of cnptnin ," imtiii^ of i-a|ilnin iiiiktiown ; „|m. (he Amninni Hfuliii'/.M-liooiicr "('. II. White." The "('. 11. While " was the (irHt, (•ii|>tiife. During (he eiiii/.e of the " N'lliii/, " witli l.hu IliiHsiiui Adiiiinil on hoiini, two olher Kiinlish Hciihiiif-'^ehiioiieiH were nei/eil, vi/., the "Maria" mid " Cannohte," alioiit the I'Jili .S.plemher. Also the KiiHuinii Srnl-Hkiii Coiiipany'M Bleainer " Kolik " (" The Seal ") eapturc'il the '• Idmie ()|hv-ii;' the I i'lvcrnor of tliu KotnatidorHki Uhiiiil was on hiiard, and ordered the M'izine, (i. In all, seven schoonerH were captured. They were dispoHed ol as IuIIowh : The cirws of the " ('. II. While," " U.iMJe Olsec," " Willie Me(!owan," and " Ariel " leil. the |i(irt in the Aniericiui iianpi*! " Majestic," Caplain l/irent/.en, lor I'li^et SoimkI. NuthiriK was paid liv the e.«. Itcsides the five British .subjects, other than Canadian, wliom 1 sent to Hong Koiin. there were two Japanese seamen belonging to the "Carmolite" who never came on my hands at all. Uoth schooners were seized otf Copper Island, one by the " Vitia/," and the othrr by a steamer owned by one of the furring Compuuics called the " Koteck " (r), which trans- ferred the prisoners to the " Vitiiiz " on the way to Petropavloisk. 'lliey were then conveyed to Vladivostock, whence their passages were taken to this port. Kxeept the three who have joined the United States' ship " I'nlos," and the two Japanese, none aiv left in Nagasaki. I have, &c. (Signed) A. M. CHALNH'.KS. No. 43. Sir R, Morier to tbf i\iirl of linsrbfry. — {lirreived December 21).) My Lord, St. Pelrrshunjb, Decembn IG, 1892. I HAVK the honour to transmit t" y( nr Lord-liij) hertwith a copy of a note whicli I have this day addressed to .M. ChiiliUinc, liuwurding the ullidavits of the mastcis nl the " Sayward *' and " Mai vin." I have, &c. (Signed) R. n. D. MOKIEH. Inclosure in No. 13. air R. Morier to M. Chichkine, M. le Conseiller I'riv(?, St. Pvlvrdninjli, hrctmhrr t {\Ci), 181)2. WITH reference to my noti I the 17th (EOth) ultimo, and to previous correspondence on the suliject of the capture of t'anadian siialing-ships by Russian cruizers, J have the honour to inclose herewith copies of the aflidavits of llu- masters of the schooners "Snyward" and "Marvin," and to express to your Excellency (he hope that the casts of these vessels ma.\ receive the consideration of tbe Imperial (Jovernment in connection with the incidents ol a oinnlar kind which I Iiave already lirought to your notice. The deposition of the captain of the " Sayward " aj)pearR to ostablish the fact tiiat that vchgel lay at a distance o» 'JU miles from "the ncnrcsi, |»o\nt of the Conunandorski group, when three of licr boats, which were engaged in eeal-huuting, were captured, with thtir crews, by a Russian steam-launch. I'resumably, the distance whicli divideil 85 :'! the schooner from her Imats was not great, and it would therefore follow that the sealing,' operations were conducted outsile Russian territorial waters. The loss of one of her boatt by liic " Marvin " occurred on the hi{;h seas, in a dense log; and the master sees sfrou'j reason to suspect, although he has no positive I, "lowiedge ot tiie fact, thai his boat, like those of the " Sayward," became a prize to a Kiissi,.iu ship. But the fate of this boat and of her crew continues to be the subject of grave aiixiit and I should feel greatly obliged if your E.xcellency would afford me any inforniatioii ni (lie matter which it may be in your power to give. I avail, &c. (Signed) H. B. D. AK>K i:H. :'■% No. 44. Sir li. Moricr to the Earl of Rosehenj. — {Rprehcd December 26.) My Lord, at. Petmbiirrj/i, J)eceml>er 21, IbOl'. WITH reference to previous correspondence on llie sulijoct of the c.ipunv oi Cmiadian sealers by Kussian crui/crs, 1 have the honour to transmit: to your Lonisliip lu-icwitli copies of two notes which I have tins day addressed to the llussian (jovernnicnt with respect to the cases of the " Maria," " Carniolite," and " C H. 'rupi)er." 1 have, &c. (Signed) R. B. D. MORIER. Inclosure 1 in No. 44. Sir li. Moricr to .^/. Chichkinc. M. le Conscider Pri\", ^V. I'elnmmjli, Pccembcr '.> (21), 1S!)2. Wn II reference vo n>y note of the 2iid (14tli) instant, and to previous cornspoiidenco on the subject of the capture of Canadian soaling-ships by Russian crui/crs, 1 have till' honour to inclmij copies of the aHidavits jf the innstcrs of the " Mm-ia " i>n(i "Carmolite." Tiie two eases which I now lay before your rxcellency aie closely similar in (harnctcr. In both instances tiie captures wcii' etfeeted in the neighbourhood of Copper Island: the masters had been carei'ul, as their depositions show, to avoid trespassing ttilliin the limits of Russian territorial waters ; the ships were sighted outside of tiiose limits by Russian steamers, and eontiscated, together witli their bouts, guns, and seals, bv the Imperial authorities. Vour Kxcelleney will observe that the distance of tin; " Maiia " iVoin llic shore at the time ol licr raptnie was computed by the eoninianderof the •'K()ti'< " in jieison. I submit tiiese cases to your Kxceileiiey in tlij lull conlidence that they will receive inwn the Imperial (.loverntnent the coiisidciatioi> which they call lor. I avail, &e. (Signed) B. B. 1). MOUiliK. Inclosure 2 'n No. 44. Sir R. Morier to M. Chiclikine. M. lo Consciller Privd. Si. retersliunjli, Dorember '.) (21), 181)2. Wrril reference to my note of this day's date, and to previous convspondenee on the subject of the capture of Canadian scaling-8hi|is by Russian eruizeis, I iiavi now tlie honour to bring before your Excellency the complaint wliieh has reached llcr Majesty's Government of the boarding of the " C. H. Tupper " by an olhctr of the " Zabiaka." The deposition of the master of the schooner, of which I inclose ii copy, leaves II'. room for uncertainty ns to the facts of the case. On the lOth August, 18'J_', the "C. II. Tupper," Icing in latit'ido b'\ M uurtli, longitude 16ti 7' cast, and .VJ miles 5 - ' 86 from the nearest Russian territory, liaving up till that time not approached within 00 miles of the Asiatic shore, was boarded by an officer of the Russian cruizcr " Zabiuka," her log-bouk und papers overhauled, and licr master ordered to cease sealing in tiioso waters. For the present, I do no more than draw your Excellency's attention to tiic potent illegality of such interference with a British vessel outside Russian territorial jurisdiction; hut I .m instructed by Her Majesty's Government to add that they must reserve to them- !-clves the right of presenting subsc(iuently to the Imperial Government the claim lor conipc iisation which the owners of the vessel will undoubtedly advance. I avail, &c. (Signed) R. B. D. MORIER. No. 45. The Earl of .Rosebery to Sir A'. Morier. Sir, Foreif/)) Office, December 27, 1892. DURING a visit paid me to-day by the Russian Ambassador, I alluded to the question of tlu' seizure of Canadian sealers by Russian vessels, pointing out that the Imperial Government should by this time be pre| ared to give nic an answer on the subject. Canadian opinion was naturally excited over the high-handed proceedings of Captain (le Livron in the " Zabiaka," and as that officer had returned to Russia, 1 considered timt it was not unreasonable on our part to expect a 8i)ccdy reply. I am, &c. (Signed) ROSEBERY. No. 40. Sir li. Morier to the Earl of Roseberi/, — {Received December 28.) h'elegiaphic.) St. Pelersburgh, December 28, 1892. I HAVE to-day asked M. Chichkine to push forward the matter of the Canadian bcaling-ships. lie states that the case was submitted to His Majesty yesterday, and he ordered that it should be laid before a Special Coujuiission, which should pronounce upon the legal and international (|uestions involved. No. 47. The Earl of lioseherij to Sir R, Morier. Sir, Foreiijn Office, December 29, 1892. I HAVE received your Excellency's despatch of tlie 21st instant respecting the seizures of the Canadian sealing-vessels " Maria," " Carniolite," and " ('. II. Tup|)er" liv Russian cruizcrs in Beliring Sea. The notes which your Excellency hiis addressed to tiie Kus>iiin Minister respeetiru these seizures are approved by Her Majesty's (.Government. 1 am, &e. (Signed) ROSKBERY. 87 No. 48. The Earl of Roseberij to Sir R. Morier. Sir, Forei(jn Office, December 29, 1802. I HAVE received your Excellency's despntch of the lOtli instiint relative to the cnptme of the Canadian scEling-vessels "Sayward " and "Marvin" by Russian cruizers in Behring Sea. The note wbicli your Excellency has addressed to the Russian Minister on this subject is a|)provctli (21st) ultimo, with regard to the ciptdro of Tanadian soalcrs l»y Hussian cruizers. I have, &c. (Signed) K. n. 1). MOIMKU. Inclosurc in No. .'il. Af. Chichkine to Sir II. Morier. Ministerr drs Affaires Etrnngeres, Saint- I'e'tersliouri/, le 21 Peremhre, 1M92 M. lAmbassadeur, (r» Ja'nrlrr, 189-'»). A LA suite dcs notes de votrc Kxcellenee en date du 17 (29) Novcmhre dernier ot 4 et 9 PiVemhre courant, relative h la ea]»tHre jiar nos oroiscurs do plusicurs w^iooners Tanndiens pivs des lies du Commandeur pour la ehasse aux otaries, je n'ai pas i.vinqui'^ de m'adresser aux autorites eompctentes pour ohtcnir des informations d(J!>"lIc'cH a ee SHJet. Des que ees informations seront parvenucs au Ministi^re Imju'rial, il s'empreHsera de vous faire tenir sa reponse, ee y our erui/.ers near the Commander Islands for lii'iiii,' engaijed in sealinu:, I did not fail to address myself to the proper authorities to obtain detailed iiirornjation on the siibjeet. As soon as this inf()rin.atiou reaches the Imju-rial Ministry, an answer will he dcdivered to you without delay, but this cannot be done very soon, iu view of the time which must elapse before the particulars iu question can arriv;' at St I'ctershurgh. lu liri;::.'ini; the above to vour llsci'llenev's knowlccige, I avail, &c. (Signed) cmcilKlNi:. No. 62. Colonial Office to Foreign Office. — {Received January 24.) Sir, Downing Street, January 21, ISO.'J. "WITH rcferonce to jn-evious correspondence respecting the seizure of lb-it isli sealing-vcssels by Hussian cruizers in the North Taoillc, I nm directed by the Marquis of IJipou to tninsmit to you, to be laid befon? the Jiarl of Kosebery, copies of two despatches from the (lOvernor-Cicneral of Canada, forwarding Minutes of Council, witli affidavits, respecting the seizure of the " Carmolito," "Maria," and " Vancouver Belle," with further afTulavits as to the seizure of the " Hosic Olsen," and allidavits as to the interference with the " Walter P. Hall." The eireunistanecs of those seizures are generally similr.r to those which bavti already been brought liefore the Russian Oovcniment. The vessels Avere all at the time of capture far outside tlie limits of Hussian territorial waters, and none of tlieui 89 hftd (luriniDf nny part of their cruize been within those wators; and it will he ohsorred that, according to the st^itomonts of Captain dc Fiifvcron to tlui masters of the "Vancouver UcHc" and the "Walter 1*. Mall," Russia Halms jurisdiction over the whole of the North I'aeifie M'ost of the line of d(!in irration in the 'i'rcaty of 1H07, and north of a line drawn frojn ',\ miles sttutli of tlie southernmost point of the Aleutian Islands to Cai)e Chalutka, which appears to he on the coast f)f Kamschatka hetween I'etro- paulovski and Cape IiO])atka, and further claims jurisdiction (,ver tli(i Sea of Okhotsk. The extent of maritimi! jurisdiction thus apparently claimed hy llussia would entirely exclude liritisli vessels fnnn any shan* in the sealinj^ industry on the westorn side of the i'aeifie, and the claim is entindy at variance with the declarations of the Russian Foreign OITice in 1^42 and 1817, (plot ed in'I'ikmeniefPs "Historical lloviewof tli(! Formation of the Russian-American Cr)mpany," pp. 130-139, and with the statement in M. de Westmann's note of tiie 31st July, IHOH, to Mr. Clay, published at ]). 'i/iS of the papers accompanyini; the AIessai,'e from tlie President of the United States to the Senate of the 12tb February, 1889 (lix. Doc. No. TOO, /iOth Congress, 2nd Session). It will he seen from tlu^ accompaTiyitig tehjgraphic^ correspondence that the (lovemor-deneral has forwarded the l'rotocf)l dniwn up by the Captain «)f the "Zabiaka" in connection with tlu^ condemnation of the " Vancoiiver Helle," and that the chart on which that odlcer marked the extent of the jurisdiction claimed by Russia is also to be sent. These documents will be communicati'd to tiu* I''oreign 0(li(!n as soon as they are received, but, in the meantime, lx)rd Kosebcry will pr(d);ibly think it desirable to bring these eases at once to the notice of the Russian (iDVermnc^nt. It will be observed that the alTwlavit of the master of the " Vanc»niver Hellc" confirms tlu! statement already brought to the notice of the Russian (iovernment as to tlu; si^ixurc of the bouts of the " \y. ]'. Say ward." I am, &c. (Signed) EDWARD WINGFIELD. . J- Inclosuro 1 in No. 52. Lord Htanley of Preitton to the Marquis of Ttlpon. My Lord, Government House, Ollnwa, Deremher 30, 1892. I HAVE the honour to transmit to your liordsbipa copy of an approved Report of a Committee of the Privy Comu-il, submitting formal (h'clanitions and claims to compensation on behalf of the owners of tlu' Rrilish sealing-vessels seized or interfered with by liussian authorities in the North Pju;ilic Ocean for loss and damages ituMU-red hy reasim of such interference with their sealing voyage. 1 have, &c. (Signed) STANLEY OF PRESTON. ..*. Inclosnrc 2 in No. 52. Report of a Committee of the Honournble the Privy Council, approved by his Excellency the (iovemor-frenrral in Connril on the Wth December, 1892. ON a Report, dated tht? 13th December, 1892, from the Minister of Marino and Fisheries, submitting the following formal declarations and claims to compensation on behalf of the owners of the Rritish sealing-vessels seized or interfered with by Russian authorities in the North Pacific Ocean, for loss ami damages incurred by reason of such interference with their sealing voyage : — 1. Sworn statement of Captain William Hughes, of the British schooner "Carmolite," of Liverpool, Nova Scotia, No. 12322, 99 tons, seized by the Russian cruizer " Vitiez " about 25 miles cast of the south end of Copper Island. 2. Solemn declaration of Hedloy Hughes, mate of the British schooner " Carmolite." 3. Solemn declaration of Joseph Morell and George Wells, corroborating Hedley Ilughes* statements as true in every particular. 4. Solemn declaration of Sprott Balcam, master of the British schooner " Maria," of Maitland, Nova Scotia, 95 tons, cleared at Victoria, British Columbia, on the 27th [604] 1S( 5)0 April, 1802, ;>ii n sonlins voyatcc to tlii> Xorth I'aoilic, seized oil the 21st August, 18!)2, by the llussian steamer " Kolik." 5. Solemn (leelaratioii of NViiliam Dexter, mate nl" the seliooiier " AVaria." «!. Solemn (leelaratimi of ilielianl Waldo Cardiir, seaman on hoard the '• .\[ana." 7. S !• !(>' north, loniritnde 1(57" lo east, 10 or ."><> miles olF south-ciisl end of Copper Island. 11. Snpidemenl.ny declaration of .lames Campliell Stratford, male of the schooner " Ariel." J2. Solenm deel.iration of .Kihn Larkin, sealer on sehooner ''Ariel." l.'l. rormnlated statement of (daim liy the owners of the schooner " Carmolite," asfijreuralini,' 2S,(»|'.) dollars. It. I'ornuilated statement of (daim hy the owners of the schooner "Willie McCiowan,'' aifirrei^atinj; 1.M.0M dol. .'» e. 15. rormuiiiled slatiinent of * laim hy the owners cd" the schooner " Maria," ajrifreiiatintj 29, l.")0 doiljirs. 1(1. Fornudated statement of (daim hy tlie owners of the schooner "Ariel," aggreijatinj; ;?2.(US (h)llars. 17. Notice of Imperial Knssian (l.ivernment : The Minister slates lli.it it will he (dtserved from the de(daration of I ledley Hughes that the ' C.arnitilite "' had hi'en crnizini,' and liimtini,' se.iis for live weeks out of sii,dil of land, ;ind thai when at a distance of ."lO or 00 miles the m.isti'r, thinking the tdiroiutnn-ter was ont, the vested stood in toward land for the ]»nrpose of getting n C'niss-I)caring, and passed Copper Island hearing west-north-west ahout 12 miles distant. Ahout 2 o'ldock the tlirei- spar> (d" a vessid were sighted low down on thn horizon, and the "Carniolite" stood away to the eastward with ahout a (5-knot hreeze. There- upon the vc.ss(d headed for the stdiooner under sail and sleam, followed her for ahout one hour and a-half, and when within a (piarler of a mile hrought her to hy a gun. She ])roved to he the liUsxian cruizer " \ ilicz." The " Cnrmtdite " was .seized. The itussian n;n igator examined the (du'onometer of the "Carmolite," and found tli.it it was out, and that the schooner should have heen 20 miles further to the easlw.ard. That ;it no lime was the scdiooner nearer land than 20 miles, nor wore any seals taken nearer than that distance. That when passim; Copper Island the day the sl(>amer was sighted no hofits were out, and no attempt had heen made to cat(di seals. The uiusler and cnnv were taken to I'elropaulovski and there put on shore*, and woro nll')wed 7 cents per day eaeii, hut were ndieveil hy (dmritahle natives givin^r tiitixn liHh. They, with other distressed crews, were taken to \ Imlivostock by tho " Yitiez," allowed 2.') cents per day for suhsisience for ahout seven days, when they were taken to Xagas:iki, Japan, handed over lo the Hritish Vice-Consul, and sent to Victoria hy tlu' Uritish sieamer " Kmpress of .Tapan." I'rom the declarations it would appear that the sehooner ".Maria," just prior to her seizure, had heen cnv(do|»ed in a dense foi,' for forty-eight hours, .so dense that the master was unable to ohtiiin any reckoning, and it was impossible to ascertain the position of tlu; schooiu'r. and that the currents there run so strongly that tho vessels are thrown otit of reckonir.i.'. When the fog lifl(Hl the master thought he was about 11 or 12 miles from the nearest land. The Russian steamer " Kotik " approached tho schooner fmm tho shoro, and it took her two hours to get alongside. 'J In- "Maria" was lying becalmed with all her sails down, and no attempt was n)ad(> lo make sail. !)1 Vitioz," The soco'ul olllcni' of tlio strainer "Kotik" iiiformod one of tlio doclaranfa that (lie " .Maria" was ahoiit 11 inih-s from shore wlicii seized. Ill his deelaration, lliehard Kromni, eook of the " .Maria," states that lie liad lieard from tlie IHiited States' seliooiiers " .Vdams " and "Mohieau" tliat tiic llussinns would not interfere with any vessel iiidess within !> miles of the sliore ; and upon his axkini,' tlie second oflieer of the " Kotik"' how lar iVom land the " Maria" was, he was (old ahoiit 11 inih?s, hut that did not make any dillereiiee, as she would have heen taken if 111 miles, as IJiissia claimed jiirisdietion over the eoast within 200 miles. The master of the " .Maria" was informed hy the (i()\ernor of the ('aler on hoard the schooner "Ariel," that the crew of (he Russian iruizer " Zahiaka " stole the uuderclotliini.' from tin- momhers of the crew of the " .Vriel." Also to the deelaration of .1. C. Stratford, mate of the •'■ Ariel," which states tha* the declarant s;iw a Lieutenant in (he Russian service haul down the British ilai; ami trainph' on it, and that the declarant took the llai,' from under his feet. The .Minister ohserves thai these t'.Hidavits lhroui;lioiit hear witness to the iHJaceful attitude of the crews of the seized vessids, Ww ahsence of any insultin<; c^mduot towards Russian nt Captain on board man-of-war with jjapers. Russian Admiral on board "Vitiez "at time, and himseU' ordered seizure. Hiul 608 seals on board when seized, which had been killed chiefly from 60 to 120 miles to north and soutli of Copper and Behring Islands, never nearer to laud than 20 miles actually scaling until time sighted by " ^'itiez." Self and crew with all personal elfects sent on board "Vitiez," except charts, sextants, and chronometer, which they claimed belonged to ship ; then "Prize" cnnv placed o!i board "Carmolite," whicli followed "Vitiez" to I'etropaulovski, where "Vitiez" arrived on the UOth August, and there were put on shore and were allowed 7 J cents per day per head to exist on. Then, the 5th Septemlwr, embarked in "Vitiez," and were taken to Vladivostock, where arrived about 21st September, calling at inter- mediate ports in Saghalien. At Vladi' ostock sent on shore and allowed 23 cents jjcr day pcr-head to live on. Remained about a week. No guard placed on self or crew whilst either on bo.\nl maii-ol'-war or on sliore till the 28th September, then placed on board "Tokio Marin." I'assaye arraiiLccd by Russian Government; taken to Fusau Island, when; put on board " Genkai Marin " and taken to Naga.saki, where Ilussiau Government handed over to British Consul by Russian Consul; there placed on board " Empress of Ja])an " for Victoria. At t imc of leaving Petropaulovski and Vladivostock none of my crew or any British subjects were left at either port. No one belonging to " Carmolite " Avas in debt to anybody whatever. The above is a correct ste "ment. (Signed) W. O. HUGHES, Late Master, Sealing-schooncr " Carmolite." 1892. Sworn to before me at Victoria, British Columbia, this 30th day of October, (Signed) A. R. Mu.sk, Collector of Customs. Declaration of H, Hughes. Port of Victoria, British Columbia. Hedloy Hughes, of Victoria, British Columbia, and late mate of the British schooner "Carmolite," of LiTcrpool, Nova Scotiii, iHsrsonally apiMiarcd, and doth solemnly declare and state as follows :— Tlint lin was ont^aiyod to servo on tlio said schooner "CnrmoliJc" in the capacity of male for the scaling season 1892, at Victoria, British ('ohimhia. That hi! was on hoard the said schooner "Carinolitc" from tlie 1st day of IVIiniary hist, and was witli the said sciiooner du'Inj? tlic season, Imntin^ aloni; tiio Nortli I'aeilic Ocean, and until tlie said scliooncr readied that j)art of tlie North I'acilie Ocean west of tlie line of demarcation as laid down in the Order in Council Behring Sea Act, is«)l. That the declarant states that the said schooner " Carmolitc" continued to cruize and hunt for seals out ol" sight of land, and for five weeks liad not sighted any land wlialover, sometimes crui/ing to the northward and sometimes to the southward of tlu! Conimandorski Islands, and that the said schooner was sealing at the distance of u(l nr ()<• miles the nearest from land, and thinking that the vessel's chronometer was iiiit wanted to ascertain the fact ; stood in towards the land, and passed Copjier Island l)('!iriiig wesl-north-west, ahout 12 miles distant. This was done to enahle the vessel to i;et a cross hearing, to correct her clironometer hefore bearing away to the SDuthward. That ahout 2 o'clock p.m. sighted the three spars of a vessel low down on the iioiizon, and, when seen, the schooner "Carmolitc" stood aAvay to the eastward with about a (J-knot breeze. That when the strange vessel was seen, the declarant could not see her hull, only luT spars. 'ihat as soon as the schooner stood eastward, the vessel which proved to he a <,tcaiii-ship was observed heading towards the schooner nnder sail and steam. That the steam-ship followed tlie said .schooner " Carmolitc " for about an hour and a-half, and when within a quarter of a-mile olf the said schooner the steamer fired a 1,'iin to heave-to. Tliat the said schooner " Carmolitc" was hove-to on the starboard tack, and the schooner's fiag was run up, and the steam-ship lowerwl a boat, Avhicli came alongside till- said schooner, which proved to lie an armed boat's crew from the llussian cruizer " Vitiez." That the Russian ofiicer came on board the said schooner, and asked for the master, and went down into the cabin. That the declarant was informed by the master that he was ordered on board the Russian cruizer "Vitiez," and tiiat the vessel was seized. That the master went on board the Russian cruizer •' Vitiez " in his own boat, and when he was on board that vessel the Russian officer ordered the crew to get their personal etVeets ready, to go on board the Russian cruizer " Vitiez." That the llussian ofiicer hauled the IJritish flag down, and run up the Russian Hag. That the Russian cruizer t()t)k the crew of the sjiid schooner "Carmolitc" on board. That the declarant was jircNont oiv board the said schooner when the Russian navigator frtmi the cruizer " Vitiiv." examined the chronometer of the said schooner ■ Carmolitc " and found that the chronometer was out, and that the schooner would have been 2.'l miles further to the eastward. That the llussian navigator tested the chronometer of the said schooner "Carmolitc" by his own instrument, and stated that the schooner's chronometer was wrong and out, which was in the schooner's favour. 'That the declarant says that at no time was the said schooner nearer than 20 miles, and at no time were any seals taken nearer land than that distance. That in passing Copper Island, and when the Russian cruizer was sighted on the day of seizure, no attempt was made to take or hunt any seals, and no boats were out, the schooner then standing to the southward under full sail. T'liat the master and crew were taken to Petropaulovski on the Russian cruizer "Vitiez" and there put on shoi-e, and into an old gaol, and were allowed 7 cents per (lav to tne men, which was ne.vt to starvation, and were relieved bv charitable natives giving them fish. that the crew of the said schooner with the other distressed crews were taken to Vkdivostock on the cruizer " Vitiez." That the crew was allowed by tho Russian ofiicials 25 cents per day for subsistence, tho crews being there about seven days, and herded together amongst Chinamen in an old dilapidated building. That tlio crews wuro token from Vkdivostock ou Japanese steamers to Nagasaki, ■ 'i't 04 Ja|i!iM, and linndod ovor to llii> llritisli Vico-C'onsul, nnd wei*o sent to Vietorin, Uritisli Culumbin, l)y the Hritisli stonin-)ilii|) " Kmprcss of .Inpnn.'' (Si!,'n.d) ilKDLEV HUGH lis. 1802. Declared to before meat Victoria, Hritisli Culiimhia, thin 7tli day of NuvcmlK-r, (Sigucd) A. II. MiLNK, Collector of Vuntnms. Dednrution of J. Muivll and G. tVeUs. Port of Victoria, British Columhia. "We, the IJndersii^ned, heini; meinhers of the crew of llie Hritisli seliooucr " Carmolite," of l,iver|»ool, \ova Scotia, on the sealiui; voyaije durini; the prcMiit season, nnd Avere on Imard the said schooner " Carmolite" at the lime of seizure hy tlic Russian enn'zer •' Vitiez," haviiiir heard the solemn declaration carefully read over of Uedley llufj;hes. who wasmateof the said schooner during,' that time, hereliy eorrohoralc his declaration, nnd that we also solemnly declare that his statement is true in ex rv pnrticulnr. (Signed/ .TOSKIMI MOHKMi. GEOIUJE WIMiliS, his X mark. 1802. Ucclared to before me at Victoria, Mriti.sh Columbia, this "tli day of November, (Signed) A. R. Milnk, Collector of Customs. Declnralion of S. liitlcnm. Port of Vietorin, Rritish Columbia. Sprott Ralcan, of Halifax, Nova Scotia, and jnaster of the Jlritish schooner " Maria," reajistered at the port of Maitland, Nova Scotia, personally appeared, and doth declare and state as follows: — That the said Jhitish schooner " Afaria" in a vessid of !).j tims reirister, and with a crew of twe,ity-(ive men. composed of Kni;lishmen and Canadians, was regularly cleared at the Custom-house, Victoria, British Columbia, and sailed awny on llic 27th day of April last on a sealing voyage for the North I'acilic Ocean, and having on board ballast and stores, salt, and sealing outlit. That he commenced sealing off Cape Flattery on the Ist May last, nnd continued operations up along the const of Vancouver Ishind and the Alaskan coast to (lie Aleutian Islands, and then saih'd away to enter to the westward of the line of demarcation, as set down in the modus vlvendi under "The Behring Sea Act, 1801.*' That after voyaging to and fro hunting for seals, and on the 21st day of August last, while the declarant calculated that the schooner "Maria" was about IH miles eastward of Copper Island, Commandorski group, the nearest land, the schooner bein;,' then for the past three days enveloped in a denst^ fog. That about 1 o'clock on the said 21st day of August last, tho fog having cleared up somewhat, the declarant saw the land, and found that the current bad been selling the vessel to the west-north-west ; the declarant likewise found that the currents run strongly in those watci's, and throws the vessel out of reckoning. That the declarant found when the fog lifled the scluMmer " Maria " was, as niiir as he could judge, about 11 or 12 miles fron> the neart;st land. That the boats were out hunting during the fog. and about one hour and n-hall after the fog lifted saw a steamer approaching from the laiul; at this time llie KChooner "Maria" was laying in a dead calm, with no sails set at nil, they being all furh'd up siuig, nnd had been so furled for four ho\irs previous to the steamer " KotiK, ' a Russian vessel behmging to the Russian I'ur Company, coming alongside the said schooner " Maria." That the declarant deularcs that ho did not attempt to make sail or run awuy on tlic npproacli of tlic said Russian Htonmor " Kotik," us flio vohmcI wns in a (Iciul onlra, niul any atlc npt to ^iil away was entirely uscIcsm. Tliiit llii (ii(Vt>rni>i- of ('(iiiunaiiilt)i-sl\i IsliiiuU was on IxmnI tho Russian stramer "Kiilik" 111 liir tinif ol" coniini,' alt)n;,'siil(' of liic scliooncr "Maria," and hailed tlic ilcclarant to liriiiir liis siiip's pa|H'rs oii hoard tlu' Uussiaii stiNimur " Kolil*" Tiiat al'tt'r rxaininatiou hy liic (iovfrrior ol' Coinniaiidorski IslaiulH (u° tho papers (if till' sail) schoonrr " Maria," inrorinrd tin- drclarant tliat ii<> was iv prisoner, and Mould not Ih> pi-rniittcd ti> rrtiuii In tiic scIhidiu'i- " Maria," on tlir alle^od grouudl thai III- h: '> I)i>imi taking' seals in Itussiaii wati-rs. Till' di" larant stated that he liad heen iiuntin^; outside three h!aguofl of tlic noant, mill tlierel'i ,-e thought that lie was on the iiigh seas and heyond Russian jurisdiction. That the (iovernor of the Coiiiniaiuhn-Kki Islands replied to the deelarant *hnt ho «as ill i{iis«;ian waters directly lie erosM'd the houndary-lino of deinarcution hetwecn Aiiiiriean and U\issi«n wati'rs. That the lliissian (iovernor of the Conmiaiidorski Islands directly informed tho (li'clarant that llussian waters extended to the parallel of Cai)e Lopatka. That an odii -r and ten men of the llussinn steanirr " Kotik " were put on board tiie M iKioiier " Maria." That all the erew of the said llritish schooner '• ^[aria " wore ordered on hoard tho liiissiaii steamer " Kotik," and were permitted to take thoir clothing and personal cll'i'its with the exception of slop-chests. charts, and instruments, and were taken on the lliissian steamer " Kotik' to I'etropaulovski. That the Russian (Iovernor of the Commandorski Islands, when tho crew were bring transi'erred fnmi tho said schooner " Maria " to tho Russian steamer "Kotik," the (iovernor of the Commandorski ishuuls drew up a writing setting forth that the declarant with the Rritish schooner " Jilaria " had heen taking seals in Russian watirs, which the declarant positively refused to sign the written (louument, on tho grounds stated to the Cjovernor of tho Commandorski Islands, that the dccluraut bad not taken iiay • IJiissian l''ur ('(imiihimj's strmnrr " Knfik " a|p|iri)iicliiiiLj im nttoinpt wlintfviT was inadr to rscapc ur niii a\v;i_v, if li<-iiii,' iiltorlv iiscjiss In allriii|ii io Hail away fnnn Hie a|i|Mi>arliiiii; sd'anwr, lIuTr licini,' iu> wiuil.aiid llic saiil ^t'\ nr "Maria" lay alnioMl niiitiunli'HN. 'rimt afliT the itri/.t' raria" was seized on the 21st day of August last, and the schooner had then been in a dense fog for the past fortyeii^iif hours, so dense that it was impossihle to know where the schooner was, tlie master being unable to obtain any reckoning. That the declarant says that when the fog lilted the master thou<;ht that he was about 12 or l.'l miles fnuu the nearest lanil. That then dwlamnt hjiw the Itnssian steamer "Kotik" approaing peaceful. That the second otTicer of the steamer "Kotik" told the declarant that the schooner "Maria" was alK)ut 11 miles from shore when seiKci'Noiiitlly ii|)|M'iii-i'(| and dolli iltvliirc ami stair dm follows : 'I'liat Im> waH ('(Mik of llm Itritisli kiM. and Hailed i\w»y on tlir 'J7lli day of April last, on a siidint; voyat;'- to llic Norlli I'acilii* (>»'«'an. Tlint tilt' scliooncr " Maria " <-oninirnn>d sralini; on llic ist day of Ma} last, and i-oatiiiiK'd doin;; ho alon^ tlii> coast until the said siliooncr "Maria" reached the Kiissinn or Asiatii! side of |t<>|irin^ Sea. Tlint tlic declarant NiatcH thai the schooner "Maria" waH Hei/,cd on the 'iht. day uf August last, and the Hchooner had then heen in a dense foin^ nnahle to r)l)tnin any reckoning. That the deelaraid. says that when the foi; lifted, the mikHterthoiii^ht he was alioiit 12 or i:t Miiles from the nearest land. That the (hndarant saw the KhMsian Hleamcr " Kotik " approaching from the land, and that In* saw the sjiid steamer "Kotik" steaming' towards the sairl sidiooner " Maria," and that t'rorii the lime hi> lirst s;iw the said sieimier " Kotik " approaching, it wiis two iionrs hefore the said Hleann-r "Kotik" came iiloni,'side the said stdiooner " Maria." That at the time of Ncixure the schooner "Maria" was heealmcd and the saiN mII down, there heinif not the slii^htest wind, i That when tin; said schooner "Maria" was seized, the ctew were ordered on hoard the wiid steamer " Kotik," with the exception of the declarant, vho was ordered liy the ItuMsian oHicer in charge of the prize crew to remain on the scIk oner " Maria," and c(H)k for the prize crew who were in eharj^e of the said schixincr " Maria." That the declarant licanl from the United States' steamer "Adams" and the United Stiites' stenni'jr "M diican," that the Kussians would not interfere witli !iny vi>s.sids unless within '.) mih>s of tlu> shore ; the declarant asked theofllcer in (diari^e of the schooner " Mari.i," who was alHo second olliecr of the ISussijin steamer " Kotik," ahoiit lu)w far the M(diooner ".Maria" was estimated to \h: from the shore, and the said ofFicer n*plied tothedcidarantahoiit 11 miles, hut that did not make any dil1'cren<-c, that tlioy would have taken the schooner "Maria" all the samre was no tM-cu-sion to use them, the crew l)ein^ peaceful. That the Itusainns at I'etropaulovski allowed the crew stores from the seized schooner " Maria," and thoiTew ha British scliodiicr " Mosio OIkcu," n'fj;istor<'(l at tlu> \wv\ nf \'u,'toiii, liritisli Cnlumliia, |H'iNiiiiiilly app«'aro(l, and dotli dcclart' and say as I'ollows: — That tlic drclaraiit desires to make a sinidemenlan hlatenienl (o tlie one already vasnh^ l»y iiiin on llie (itli day ul' WepU'iidier la;. I, as fidirnvs : — That the selioouer " J{osie Olson "on the 2(illi day of .Inly last, tlio date of lur wnzure. tlio sjiid sehuoner was lieealined, and had hien so for ahont fonr hours hefuic sighting (lie lUissian trinlinfi; steamer " Kotik," and that the siiid steanier " Kolik ' was Noen tw) hours at least hy the deelarant iiefore eoniing alongside ol" ilic schooner " Hosio Olsen." That on the approach of the Knssian steamer " Kotik " no sail was made, or \\;n tliore any attempt made hy the deelarant to run away with the sehooner. 'J'liat the schooner's log-hook did not cxhihil that the veshcl had hoon any nearer the land in those Unssian \\a'.e<'s. 'I'lial the diclanuit nays he saw no arms used, as none \\i\h necossary, as theseiznl Civws weie all (le.'.eeful ;it !'etropanlo\ .ki. That tlie (leelarant ditl not see nor hear any insnlts j;iveii to Knssian olIieerM, That last year the deelarant, whilst master of the <'hooner •• Meat riee'" (1 hill >, went (»n Kiiore on l$ehrin^ Island, to olit.iin water ami wood lor llu' voyai^e Imnu', as ii wan ilic nearest laiul, and when lu' was ready to le.ivr ihe natives and Knssian oiHeiMK assisted him fo i;el wafer, »V.e., and told him tliat there was no himlranee to tin' declarant taking seals onlsido of the coast honiularv-lini-, (Si^MU'd) MKIiADL Kl'lil'i;. 1802. Declared to holore me ;it Victoria, Uriii^li Crclnralinn of ■/, 11. liroini. Port of Victoria, Jlritish (.'olnmhia. Be it known and made manifest nn'o all people that on the 1st day of Novond>er, in the year of onr Lord Oni' thniiNnid eiitht hnndred and ninely-lwn, persoii;illy eaiin' arid appeared h**'ore nie, Alexandi-r Itolaiid Milne, Coilectnr of Cnstoms at the port ul \ ictoiii,, hrilish ('olnmhia, dniy antliori/.ed as sneli, .John Urison Krown, master n| the JJrifiidi schooiK r named " V'':ilter I', llnll," reirisN-red at the |iorl of Maitlaml, Nova Suitia, and whose oHieial nnmher is !)(i(l(i;!. Tin- said master doth dnlv and solemnl; declajv and state as follows ; — 'J'ha the sehooner •' Walter I'. 11,11" is a vessid of ill Ions ref,'ister, ami lli.ii Thomas t Uiwrc'iee, of Mail land. Nova i*!eolia, is owner of Miirty-lwo shares, and llir ahove. named .FoJ'n M. '.,iil in her from Victoria, Kritish C'tilnmliia, liM\in„' hem rr'irnlarly cleaied at the Cnstom- houRO at the saio UehriuiiSia Act, l.v.(l,'i.n the l'.)thday nf .Inly last, and uas <'riii/inj,' to ami liw in search of seals, and which liie appe:irer thoiiLtht lie ha.l tiie iindoiihted rii,'hl In pur8n<> his let,'itiniate aNocation, and at no time mImIsI in those waters was I !■ vienrcr the laurl than 2U miles from Ihe Coinmandorski i,'ronp of inlands. That ahont I \'.i\. on tlie )7th da\ of Am^iist last, wldlst the said scdtoom i "Waller 1* Hall" was •,>', miles sonth-uest ul Mehriiur Island, Ihe Itnssian man.of-\» ir "Zah'.ika," cnnimanded l.y (.'plain de I.evi'roii, hailed the said schooner " Walti r P. Hall," and demjouled that the master hrini; his piipers on hnaid (he said llnssi.ii Oruizcr 'Zaiiiaka;" I hat the said schoomr Waller I'. Hall" lay heculmed, iho masUi m (;1)t'vinjj flio iMilcr, liiwcrcd his iiAvn boat, iiiul went uii lioiird the Russiiin cruizer "Zaliiakii," takiiti; lii> |ia)M>i's aiwl chail'i witli liiiii. 'Diat afU'r cxaiiiiiiatiou nl' tlitr |ia|icrs ol' the >ai(l Kfliouiti-r tlit' cliart wv.s dcinaiulod, 111 wliicli was slidwii tlif daily pnsilitms of tlic s'id scIkioiut " Waitci- 1*. Hall" while ill iht> watiM's 1)1' the Hcliriii!; Sea, to tin* "a^tward ol' tlit; lint; of dixuarciitioii. That the Coiiniiaiuliiii; riirici r of tlii! Hii»iaM cnii/iT " /ahiaka " was apparciiUy Miti^rii'd.andas the sciitKiiirr was al tin* tiinrol' ln-inu hoarded at least L'-'i miles troin tho nearest land, ordered lli<' eaptaiii of {lit; said lirilish sehooiier "Walter I'. ITall" 1. 1 depart out ol' Itiissiaii \valer> I'orlliwilh. 'I'lial the appealer, .loiiii Jliisoii Ih-owu, master of I he said selioonor " Walter P. Hall," deiiiaiiiled to know from the said Cuplaia de I.everoii, commaiidin;; lhi> Uiissiuii eriii/er " /ahiaka," the limits (d' the axserled Kiissiaii waters, when tliu said Captain de l/everon took the eliart uf the said eaptain, .John ISriMHi Urowii, and marked tlie same, wKieh the said ■lohii ihisoii Hrown has now in his |»ossessioii, and which eliart sh«»ws a siiaiirht line drawn from Cape Ciialntka mi the eoa>l of Kamschatka to the mmi siiutlx-rlv point of the Ahntiiin IslatuU, tiie line lieinu' diawn on the ehart of the said -.(•liooner " A\';«lli'r I'. Hall ' liy Captain de Leveron. the Comniandiui; Ullieer of the " Zal)iaka," himself. That the s:iid Capliin di* Leveron wrote in ihe nllieial lo^ of the said HehooilW "Waller I'. Mall" as tollo\>s: 17th Aii|.;nst, lsi)L*. Hr'lish sehooner " \\alter T. IImII " was within Kussian waters fcir sealimr. The eaptain of thesehnci ,•, ,1. l\, Urown, rteeived warning not to ero» Kussiuu watui's any more, and ha\e si;>h''d the iiotiee id' Uussian (iovernment. (Siguevl) " H. in: liV.M.my^i, Cuiildiit of Ilia linjicriul Md/i'sli/'n /r'lTimc-milzrr ' '/nhiiiliii.' " \r)^l\'i \ it* That the Commanding < )lVioor, H. de Levernn, of the Knssian «'rni/er " /.altiakn," li;nin<^ asNerted that the Un^ >ian authority extendi'd to where he had marked down on the ehart, the said .lolin Mrisoii ih'own. tinding that it was useless to refiise under lineal that his vessel, the'Walli'r 1', Hall," would In- taken hy fciree and his ei-ew taken prisoners, signed a doeument hy command of l\. de Leveron, tin; Connnandiiig OlViei-r of the erui/er " Zahiaka," to relieve his vessel and crew from peril td' seizure. That whereas the legiiimate vo\age of the llritish si-lioouer " Walter 1*. Hall " was Kiirihly interrupted hy tli<' Itiissinn erui/.er " Zahiaka," resullini; in grievous llnanuial loss to the master, erew, and owners of the said Hritish sehooner " Walter I'. Hull." (Signed) J. H. IJHOWN. 1H1»2. Declared to heliae me at Victoria, Hritish CoUimhia, this 2nd day of Novemheri (Signed) A. 11. M h,m , I'olleclur of' (JuHtoms. Drrluriillon of J. MrLtod. I'ort uf Victoria, .Hritish Coliunhi.i. .lolm McLeod, id' Victoria, Itrilish Columhia, maNlcr of the Kritish Mdiooner ■ Vriel," idlii'ial No. ssii 1 2. registered in the port ol' Vi«"toria. periii»nally appeared, and .s(deinnl.\ declared and stated !»s follows : - That the declarant desiring to make the following Kunplemcntary deeltirat iuu to tile one already maiie li\ hini on '.he filii da\ ol' Seplemlier iasi, and says: That the s.iid itrilish sehoonei' " .Vriel " on Ihe morning of the 2>th day of July la>t, the date of Ihe sei/,ure of the said schooner " Ariel " hy the Russian < ruiitor ' /alii.-ika," lieing in Latitude .'til) north, longitud(> 1(17" U> east, ami being then alioni 111 or ril) miles from the soulheast end of Co]iper Ishmd. Commandurski group. Tlie said schiioner '• .Vriel " la_\ liee.dnied in a dead ca'm, and had heen so heealmed for sixteen hours preuous to her sei/nre, .and was al the time of seizure drifting slowly to north-east hy Ihe set of the < luaeiils, there not heing a liruulti of wind. Tlial on tlio laorniug of the taid 2^lh dav of .lul\ the (h'clarant, lieing below, W'tt» culled on deck [604] 2 lOO l»y Ml*' MMt** j»(l»()ni '2''\0 A.M., wKo pointed out, Ninnkc very low down on tin* north-west ]\ts an hour. That the Uritish sehooiier ' .Vrifl," having? lain hours heealnied hefore her seizuri', did m)t nor lunid not in»ke any ;i(t.<^jipt to run away or jjroeeed to a greater distniu'e Ipun the KuNNian eruizer " /j«.«w*ka" fn»m tlie time that tlic vessel was lirbt i«i;^hted, as it was inipossihle to do .so • .11*11 a dead «'alMi. Tliat the ileelar.tnt I'rom the linw •' ^-v/jire au'i di-tention until his reh'ase saw no (|uarreIsonie cunduel .iniongst the seMed <•*»>*«. nor did h(> see any insulting eonduct towards Uussian otrieer><. itnd he in |x»*;tive tliat no arms were usi d tu rcston; order an any occasion. («itf»«d) JOHN McLEOD, Master. imi. l)<>clare(I t.o ItKlt^' uw; at Vietoria, Wi»»t<*lt ( iiiil)i:i, 'iiis r»th day of Novemhcr, (8igucd) A. H. MiLNK, CoHrctor of Cu^oim, 0erlaration of J. C, titratforff. I'ort of Victoria, Urilisli Columbia. .lames Camphell Stratford, of Victoria, llritlNh t'olum'hia. anil mate of tlic Hritish sehiKiiier " Ariel," olheial No. HH(II2, and refxistc'red at the pmi of Victoria, Hritish ("oliimhia, persoiiiilly appeared, and doth solemnly dediire and sinle ,is follows : — '!'h;it the declarant (h'sires to make the followiri!; sii|iplementary dpchr'Mon to IIm' one .ijrciidy made, heini,' coj^nizaiit of all the cireumslancis i-onnccled witi '' • seizure of the said Hritish scjiooiier " .\riel" on the 2sth dii_\ of .Inly last. Jli.w. the N.iiii Mriti.sh schooner •' Ariel," on the morning; of the day on which the \esel was sei/.iil, while lyinj"' in latitude ."if 10 mirth, lcim,'iliide I(i7 lO cast, lietween I'l and oO miles oil the south-east of Copper Island, Comni;ind seliooner h.avint; heen becalmed for sixteen hours previous to lu'r ,seizin't> hy Ih" Mnssian eruiz«!r " Zahiakji,' and was at linu' of seizure in a dead calm, not .1 hrcilii of wind, dril'tini,' slouly to (lie north-east. 'rii.at from 2'1.'> .\.M. lo,''i ;U) .\.m. on tin said 'i'^th dny of -Inly last the detdan'iit on ('omini,'' on deck at iMTi v..m. found the schooner " Arid" iyinv,' motionless and powerless in the c:ilm. saw smoke very low down on the horizon, in a northwesleily directimi, which ijradnaliy increased in vohmie as it ;ipprn;iche(l to whcri" the said schooner "Ariel " l;i_\ ; thejippicach of the smoke was eai^erly w.'ilehed hy the declarant, whidi ill comini; nearer pro\ed to he a stennnT, and which proved to he the Russian erni^'ei' " Zahiaka,'" and which h.-id heen watched hy thedcclanint for three hours hefore eomiii:,' alontfside ; limn all a|ipearanccs of tiie vessi'l and the siixike was sic amiii:,' at full speed, ;ind which the oUicers of Hie said crulzer " /ahiaka " informed the (hMdnrant that the said crui/er wduld steam from 1.') to is knots per hour. That the Hritisl) ,seho(Micr "Ariel," havini; lain hours l)ecalmed, did not iior could not make any attempt to run away and proceed a t'lvater distance from tlie Ilussian cruizcr " Zahiaka," and that it was im])ossihle to do so in siu-h :v lead calm at the time. That th<' deeliirant clearly reinemheiN that at the time of seizure he saw a JJussi.iii olfioer, a Lieutenant in the Ihissian service, haul down thi: Hritish flaj,', which w,is ihen flyiiii,' at the mainto|)niaHt head, and havinu' pulled fh.' Hritish tlag down, tnunpled on tlie said llat^, and the declarant t(M>k the llaj,' from under his feet. That the dc, of tlic Uritisli schooner "Arid," of Victoria, Mritisli ('iihiinltia, personally apiteiired, and dotli solemnly dindare and slate as follows: — That he was enu'a!,'.'d and shipped on hoard th ■ Uritish schooner " Ariel " as heat |iiillcr, and was always out sealing;; with the hoit t!iat lie was desi;,'ne 1 duly on, and nil every occasion remcndters every eirctimsUiiue conncicted with seal luinting on the Asiatic- side in toe nci(;;h hour hood of the Kormandoi'ski Islands. That at no tiiniMvas llie rh-daranl with t!ie boat to whingineer of the sjiid cruixer "Zahiaka" afterwards iiilnrnied the di-elarant, that tin; erni/(n' was theu steaminic HI miles ]icr hour, the sea liriiiLT |)erfe<'tly sinonth, and il was two and a-half hours from Uio time lirst si^^htod until the er lizer ciinie alon;;sidc (he s(dioon(;r "Ariel." That the Kritish schooiiLr " Arid " did not sail or run away from the itussian miizcr " Zali.aka," as it was inipossihit! to do so in su -li a dead calm on the day of her Di'i/.iirc. That till' crew of tin; Unssian criii/er " Zahiaka" stole the underehdhin^ from the inrmliers of the cmw of (he HriliBh schooner " Ariel," and the tr(;atment that the (Irejarant and the crow of the s(diooner " Ariel " reijrived at the hands of the llieisian iilliecrs WI18 di.sgra(;cful. and unlike any humane treatment in a civilized country. (SigM.Hl) JOHN LAIIKIN. Uc(;larod to helore mo at Vielorin, this Urd day of November, ld02. (SiRiied) \ U. Mii.NK, CuHevlor of' Vuvtoiiui, A, w\ M I i r^ '■i h ,U,' I -'J 10l» 'M I pAnriCl'l-AUs of claim made liy tin* owners of tlii< sclKnincr " ('nrmolitc," "f ljvor)>ii(i!, Nova Si'otia, '.HMons n•^^isl(•l^ wliicli vessel was seized on the 2Stli Am^iist, lsi»i>, in latitude 51" 'J^i' unrtli, loiiu;itiide KiS 50' east, liv llie fmixTial Ihissiaii eniizir "Vitiez." Viihii' oi' llic scliooiu'r . . . . . . . , . . 7 Kciiliii}; I (Kiln mill ir.llit. ^it I III (I'll I' .. ,, I clii'iini'ini'li'r . . . . . , . . . , Stock kI' |iri>\i'>iiiiih, iiH'liKii'i^ I'l' ci'iirs, mIi, S.r., iiinl MiiMiiijiiiliini, (Mliiiiatcil . , , . . , . . li'i I'lil'ki r ^iiii.i, lit ''>''i (IdIKii'x ., ,, I rifle , , , , . , . , . . lidS Hi'iil-'-liinH on liiMiil M'liiHiiii r wlitn Nrixoil, nt la i|nl|M<. , , I'liim iiiliM'iiiiiliiiii li'iMii r.i|>Uiiii ii..il liuuli'iA. (sliinalvii iiiiii.l'il' iil Kciil-HkiiiN nlili'li would li;i\>' li< cii liikuil hiii\ not M'liooiu'i' lii'i ii i>t'iitiMl, OOO kciiI- «kiius at lit (lullaiK •• .. .. .. .. . Dnihii-". • • 10,000 1 Mil urn UNO l.'S 1 ,001) l.'l •-'.'.• !•■> , , 7,001 'i'otiil claiiM ,, , . . , (Signed) I'irloiiii, liiid.th Coliimliiii. \oitiiihri '2, 1>>S)2, 7,H(I0 '.'H.OI'.l CUAS. llACKKTr. MiiniKjiiKj Oiriin Mniiii. — If aliovr elaim not paid liefore the Isl I Vhriiaiy, l^Ull, further claim diii' owners fer loss of next year's earnings. Amviitli'd Cliiint, I'ARTICULAlis of elaim math' In the owners of the sehooiier " Willie MaeCiowan," el' Slielhonrne, Nova Scotia, ll'i Imis n'i,'istei', which vessel was seized on the l^tli .luly, J^'.t2, in latitude .jll" 50' north, longitude Hi7 5(»' east, h,v tho lm(;eri;il lliissian eruizer " /abiaka." Valiw iil'tlio »c'liooncr ., ,. ,, .. I lioili. Miliir I'JO iloliiii> t'lirli ,. ,, Oiitfil lor lionlH (oarp, Miil><, &('.), 7 oiillils at '.'o ilolliiis laili ., 'i rliroiioini'lcu, one at llio ilollarn ami 1 at \'Jl!i ilulLii^ Stoi'k i'( |lrovi^iolltt, iiicliiiliii); griKvi ivK, null, Ac, iiinl uiniiiii- iiitioii, iKtiiimti'il ., .. ,, ,, ,. 12 liHi'K, at 25 ilullurit iMicli ,, ., .. ,, Kl rarki'l hIiuI );iiiiii, lit 2, in latitude r>V 10' n»\rlh. ;on!j:itude 1(17 10' east. Sflii .lii'i'n avcnip" nilcli ol In r sin' and iiiiiiilnT nf InntH l.i>HN M'idK ciiU)(lit anil pri'Vionsly rliiinicd lor , . S<-al-Kkiii< I ,'JOW •J07 mtfi !tf>.1 sniU In'.t 111 llic icliiiniici' t)y tlir ncllon of llio Riiminn pniiwr, vi.lnrd at 11 diilliU'H I'licli, cliiiiii ,. •• •• ., .. •• DnllnrM, S'olf. — This is an additional claim to the one already forwarded at time of schooner's crew's return for the amount of ls,7'K5 dol. fiO c, and which Mas actual iohs (iiily. Unless these claims (iH.yUi <|()1. 50 c. and in,{)02 dollars), amount inu; to .TJ.tllS dol. oO c, an* paid prior to the 1st •lauiiary, IHJKJ, an additional claim ior si'.ison isiCi will he macle, as it will he too late to purchase another schoo>\cr. (.Sif; i) .lOUN MfLLOl), Maiitfr. Notlrr. The Imperiul Russian Govcrnmont herehy i)iil)lish(>s, fm* sycncral knowlediye, the I'lillowini;: - 1. \\ithoiit a special prrmit or licence rroin tin- ( Jovernor-'ii'iieral of ICistcrn Sit)eria, foreign vessels nvf not allowed to carry on Iridini!:, luintiui,', lisliini;, ttc., on till* Itiissian coasts or islands in Okhotsk and Hehring He.is, or on the north-ivist ironst nf Asia, or within their sen iioiindiiry-line. 2. For such |icrniits or liccnccH I'oreit^u vessels should a|)|dy at Vladivostock cvclnsively. i1. In the nort of I'etropaulovski, thoiu;h heim^ the only port of entry in Kimitchatka, siicli permits shall not he issued. 1'. No permits or licences wlialever sh.ill lie issued for iiunlin^, flsliin'^', in trndin^ lit or on the ('ommodore and Itohhen Islands. 5. I'oreiutn vessels found tradintf, tlvliiiii:, hiintintr, &c., in llusHinii wtiters, without !i li(!ence or permit from the (invernor-t ic'iieiiil, and aisi those j)ossessin'j a iieenci or niiiiit who should iitfiini;e (Ui the ixislint, liye-l,!\»s on linntin!;:, sliiill he iMnll'.cated, mill vessel;- mid caru;oes, I'or tli(> ImmicHi o| the (Jovernmeiil. This enaclment diiill ho oiiforced heiweforth, commencing; with a.d. ISS2. 11. The enforcement of the ahove will he intriisird to Itiissiau meii-of-wai an(> liiissijin meicliant-ves;lH ill tlu' Nortli I'licilli! ()«tiui by iUissian :iutlioritios, I liavc the hoiiuiir to IrnuHinit tu your Lordship ii f(<|iy nt' an appnivtMi Konort of a Committor of llic I'l-ivv Coiinfil, Kiihmittini; ii Ictk-r from .Messrs. ('(>rl)oiili|, McCnll, Wilson, and Caniplu'li, of Vancouver, covt-rinf? a Ktatcmcnt of Captain W. IL Copp, of tlm IJritisli Malin^-sfliooncr "Vancouver JU'llo," «iii(di schooner wan Ki-i/.cd in the* North I'ncilio OcoHii. on the 12lh August hist, l>y tiie Uussian crui/.er " ZahialneN, submitting, in connection with his previous Hejyorts on thu seizure nl" British vessels in tiie North I'acillc Ocean by llussian authorities, the appended lettci' fnnn Messrs. Coriionid. >reCall, Wilson, and Campbell, of Nancouver, coverint,' a statement of Ca|»tain W. II. Copp. ;;f ii;<' Hritish sealing-schooi r "Vancouver Belle,'' cleared from Vai:cou>er, Hritish Columbia, on the 13th February, 1H1)2, (m a .seal- hunt ini; voyajie to ilic North l*a«'itlc Ocean and Okhotsk Sua, and seized in the North I'aeilie < )ceaii on the 12th .Viif^iist, 18tt2, by the Itnssian c-ruizer " Zabiaka." The Minisi, r observ.'s that the statement contains a full and detiuled nnrrntivo of the Ncssers cruize from her cleanince until her iseizure, as well as on exhaustive account of the arrangement entered into between the Uussian Cominonder of the "Zabiaka" and Captain Coj)p, of the "Vancouver IJelle," by which the seized schooner " Hosie Olsen " was handed over to the latter, for the purfiosc of conveyim,' home the mem)iei"s of th(H crew of his own vessel, as well as other distressed sealers, thrown upon the ltu.ssian shores by reason of the seizure of Hritish vessels. The Mini.ster observes further that the circumstances attending the consummation of the nrrangement, the condemnation of tlu^ " Hosio Olsen," and the changing her name to the " I'rize," arr fully recounted. 'i'he Committee, on the rccoininendation of the Minister of Marine and Fisheries, wivisc that your llvcclleney be moved to forw/uil acopvof thi> Minute, together with a copy of the Appendi.x hrroto allached, to the Kigbt liohourable the I'rincipal Hwretary of State for the Colonies, lor the information of Ifer Majesty's (lovcrnnient. All which is rcspcctfullv submitted for vonr F.\cellencv's approval. (Signed) JOHN J. McGEF, Clerk of the Privy Council. Inclosurc (t in No. B2. MesKYii. Corbould, MrCall, U'ihon, and Camphrll to Mr, C. If. Tuppet. Sif, ]'itnvomiv, British Colunil'in, Sovemliir 18, 1802. WE have the honour hen-with to forward t<- you statdiienl by Captain Copp, of the " VaiuMiiiver Hi'lie" sc iiling.sch.xiner, and declanition verilyintf sjiine, and certilicil by Mieh of the crew as we have been able to ifct hold of. We .shall feel extremely obliged if you will bring sjime to the notice of the jji'oper De|mrtment of lli'r Governmt nt, with a view of obtaining, in due course, eompensjition for the lo8.s of the "Vancouve. Belle," W^o have, itc. (Signed) CORBOULD, McCALL, WILSON, ani. CAMPBELL. (Htatemoi ' under wparate cover.) 106 Slatemfnt bij Captain Copp. l)()iiiiiiioii of Canada, Proviiit'c of British t'ohimbia, to wit : III till' matter of tliu si-i/airu of tlio scaliiijj-schooncr " Vuiicoiivor IJoUe" by tho Itussiaii eruizer " Zabinlva." T, William Ifarvcy Cti|)p, tin* caiitaiii of the sralijii^KclKKdU'r " Vancniivt'r I'l'llc," iiiiH ii'siilin^at tln' city of Vaiicouvi-r, in llir I'roviin't' of Krilisli Coluiultiii, solciiiiily jiiiil sinroD'ly declare as follows: — 1. 'I'lie slateiijeiil lieri'to aniieveil niarVed (A) is a correct stateiiient, in siilislniice .111(1 in I'act, :'iiial letter in my |Mtssession, addressed to ir.e by the (.'iiplain of the slid ivussian criii/er "Zahiaka," and my copies if the letters I aildiessed to him as appeariiii; in the said statement. And I make this solemn dcclaiiit ion, conscientiously believiniy the same to 1 e true, and hv virtue of the "Act respect iiii; Kxtra-Judi(;ial Oaths." (Si-ncd) W. If. COIM'. Declared at the city of Vancouver, in the I'l-ovinve id' British Columbia, this Slh day of November, 18!»2. (Signed) A. S. (5. H.vM!;iisi.kv, a \olan/ Pulillr in and fur i'le Dislrivt of Xrw fl'fMtminitlpr, in Ihc Proiiure of lirili.sh Columbia, (>'eal.) (A.) In the matter of tli(» seizure of the Camidian sealintf-schooner liy the Kussinu cruizcr " Zahiaka." Vancouver Hdlo " f and longitude l-'.'i' M' west on the 17th Kebriiary. I'loiii thi- point we eriii/,ed, huiitc.. IM ^ Poliriiig Sea, and thai the slipulations of the present Proelamntion made all vessels Milli sealing? implements on board liable to sei/.nro if found inside the said waters id' ])(>linni; Sea. warned or not earned. This heinu; the onlv relialile inftirnuitioii reeeiveil since leavini,' Hrilish ('ohnnhin, Wi' nosv decided to cr. US over to the l!ns>ian sidr of tlic I'aeilie Ocean, and sli'cred a eourse aloiif; the south si(h» of llie Alentiin Islands, arriving on the I'nd day of July in latltisde fill" 17 ninth and linu'itn(h' Ki^^" "Jil' crist. the soulherninosl end of Cupper Islami, then hearing soulh-easi. (Ii>.lanl '>n niih-x. From the 2nd .hily tn the 1 llh .Vnt,'Ust all went well, and we cruized and sealed in the waters without interruption up to that date. At 12 noon of the lltli .\ii!;nsl we were in hit'tude ol' 15' and longitude KUf :)() past, havinu; then on hoard (tl"s sailed si'al-skins, iticludiii'^ what had heen taken in the waters »ni the east coast o; the i'acii'c ()ce:in, and from 12 noon of this (hiy to midnii^ht a fresh sontli-west wind was lilowint;:, with a choppy sea and thick I'oLf. Un the 12th Ani;us| at daylii,dit we were ninninif to the east under easy sail, when tlio fouf clenri'd up and we si^iitril land. Wo contintu'd our cours • to the east, and at h a.m. the south end of Copper Island hore north-north-east, di^t nit ;i.'> miles. We thei\ set all sail an 1 iiaidi-d ship close ou, the wind standiii!; still on the starboard tack, the wind then liaiilini,' to south-east and dyint; out. At 12 noon the ohserxed lutitinlc was .'|.^ 2 niih-s (li>tant. AVe then tacked ship and sloc:d oil' from the land toward the smith-west on a wind, and at 1 r.M. the w ind dyini; out to a very liijlit. breeze, we beinp in company with another schooner put over oar boats and s(>iled to the south-west, the schooner l>ei;ig under all sail. At 2 P.M. sighted a smoke of >.ieam-vessel atvay to the mn'th-north-east, ami we then put up a signal and c.illed our Ixtats ou board, the boat farthest away bi-im; about 1.^ miles from the ship ami over 20 miles from land. At 2"30 P.M. our scalin^-boats tacked and sfr)od toward the ship, beini; ahead and on til' lee-how of the ship, and at :{ p.m. all the boats were on board, and no seal were taken in the boats or in the ship this day. At tliis time we coidd se(< the ship's hull, and knew it was a liussian cruizer about 4 miles, bearini; north-east. At \ P.M. llussian cruizer was about quarter of a mile astern, and on tlio weather quarter of said schooner " N'aneouver Hellt!" she (ired a i^un, and then we hoisted the Kngl'sh ensijj;n, and hove-to said schooner "N'aneouver Melle." The T^ussian cruizer then r;ini,'ed n|) alonj^side, and the Commander hailed the said "Vnuconvcr Ikdlc" for the master to come on board the cruizer and briiii; his jMipci-s. The master then went on boanl, and when the C.mimander nnd olTieers had hurriedly examined my papers of the said scdiooner ''Vancouver Helle," he turned to me and said: "Captaiii Copp, I s(cyo\u' (lovernment has cleared your vessel for the North Pacilie (Jcean and Okhotsk Sea: doi's not your (lovernment know tliat yon cannot ^o to the Okhotsk Se.i witliout I'lissian licence, neither can you come to our coast without first j^ettini; licence from the Uussian autlKU'ities." I answered that I liad not been to the Okhotsk S;iile of the Pacific to pay the expense of littini,' out. I was then asked how many skins I had, and 1 answered correctly til^, 2s;{ of which I look on the west side'ol" the Pacific. The Commander of the cruizer thiMi said; " Capt.ain. you went to the Ucbriui,' Sea last year, and the Anu'riean erni/ers drove you out. Y'ou would have fj;oin^ there this year, only was ju'cvented by the same reason, and now you have crossed the American line and come into Hnssian waters; tli( in tl'.e lioat uith an armed crow which took iiic to the said schoinier " Vancouver Itelle," and then Itrtnii^hl myself and ciijhtoen of my crow(m hoard the said eruizer " Zahiaka," leaving' on board the mate, II. 1). Copp, and two hunterH to assist th(> two iliissian olHeers and niiu' seamen, ull arnu'd with swords, pistols, and j^uns, to take the said " Vancouver Holle " to I'etropaulovski. When I came on board the cruizcr '• /ial)iaka," the Ccmimander took from me a l)ook I had hocn writini; in, which was the only tliitii,' I had witb mc, except my bi^ coat, not boins; allowed time to chanu-e my dress. The ("ommander of the s-iid i-ruizer " /altiaKa " then said to me, What vessel is that in company with your and I nnswej-ed that it wns the American schooner " Anaconda." The eruizer then altered her coursu and steauK'd in thu opposite direction towards the east, as Captain de Leveron said he wanted to catch the schooner " \V, 1*. fcfayward," whose boats he had pickinl up two hours before he came to me. At 10 o'clock that nit^ht the fo;; shut d)wii, and uo no signal light from thu " W. r. Sayward " eould be sivn, the cruizcr st 'amed away to the north-west, and tiui next nu)rnin^' at 10 a..m., the l.'Uh Aui;ust, the crui/cr canu; to anchor in a bay to the north-west end of liehrini; Islaiul, wliere the chief village is situated hall'-u-mile from the bcaeh. I .s'lw on board the eruizer " /abiaka " tlfteon men, besiliaT my protest stated to be true, and said that it was u misfortune for mu that ho hnd seel) the boats and picked them up ; otherwise 1 would not have been seized that day,ns ho was going to the cast for a schooucr when he sighted the three boats, aud, picxiug [504] V 2 k V l'^-^-^"' m .1 108 tlioin up, w.'iH misled liy tlic crows of tin* boats, nnd so cnJiH' to my schooner, the " VmicoiiviT Hellf." 1 tlieu linked liiin to i,'ivo mc back my scliooiier, but this, bo said, was more tliiiii bis commission was \v(ii'tb,biit he would bolp nu> all lie could and ^et mo bonu! as sixhi as possible, as bo considered from what he had read in my hook <>r sketches frtmi my own liTc that, as I bad not been a sealin*; e.-iptain loni;, I was really ignorant thn' I w;is trespassiii!? in Ituss'an waters, and that my own .' made responsible tor the loss of niy vessel. lie treated me with much kindness, t;ivini; me a cabin to myRcll', with the sanio kind of food as himself and ollicers e:it ; whilst the crew was treated in like manriei' as the sailors 'hoonor ' Vancouver Uclle,' by your order, on the 12th Ani^ust, 1S5)2, I hereby boi; that you will uso ytnir best endeavoiM- to arranu'c some wav that mvself and my crew of twentvcme men, to^c't her with lilteeii others, who are entirely destitute, ami at your mercy, may as (juickly as possdde leave the sliores of Kamschatka for our respective homes in America, and to facilitate sneli nn undertakim;, seeinL,' that no chance olVors by steamer or otherwise. I woidd earnestly Im'i; to reijuesl (bat you will (it out and provide mo with one of the sealin;,' s(diooners that you lave lately seized, and with these thirty-seven men dispaieii im- in s<'rvant will ever pruy. " Very truly yours, (Signed) •• \V. II. Copp, *' Ex-Musler, ' ]'nucouver Uclle.' " On the fidlowin;? day the Commander of the .said cruizer sent for me to come In liis cabin, and conversed w ith me in connection with the above-sjud letter of recpiest, and said that no doubt it was written with a view to getting back my schooner, the , ane<)uver Kelh lie then said that I must banish such hopes, but that be would try and do tlic next best thing by giviu'.' nn; the schooner" Kosie Olson," of Victoria, which bad hem seized for alli-ged dle^al sealing, and was then laying nt I'etropaiilovski. 'J'his schooner he said he would condemn as worthless to bis (iovernment, w hieli would be done by a commission of the ollleers of tin; said cruizi'r " Zabiaka," and woiilil jtnt provisions on board lor the Ihirty-soven men tt> last the vctyage home, providing I thought the old vessel feaworthy enough to carr_\ us to our bonu's. 'ibis I could t<'ll when I got '.o I'etropauiovski. llesaid, *' 1 will give you this old ves(d for your own account, i)u( 1 will not give you any Hag nor port of bail, ami will ha\e h'T condemned and call her by another r-ame." He said that he would givi- me a letter to show to any man-of-war speaking mo on our way borne, which would he snllieient protection untd wt; arrived at Vancouver. I tohl bim that 1 woid, md was treated in a most barbarous way by tho Chief Governor at l'etro;v»r,|u> ,ki, and whilst in the presence of this Governor was abused in the worst kind o: i inn oner when I asked him for the few copecks that Ca])tain do Leveron informed mc! tiiat i was to get from tho Govorncu' to buy a little focxl for the distressed scalers, which was barely enough to keep starvation to death away, and was refused the money that we hud been promised, and thruatoucd to bo placed iu prison instead. , 1 I ■ • !• i IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I l^|28 |2.5 ^ IAS IIIIIM 1.8 1-25 \u 1.6 = ||=— == ^ 6" ► Photographic Sciences Corporation s. a< ^ .^ 4s ^V ^^ 23 WEST MAIN '.riCET WEBSTII.N.Y. MSec (716) ■r.T.i'iOa '^ '0 m t'ivM 110 We, the captain, mate, and luintcrs and crow of the " V^aucoiivcr liollc" iioidiy certify the foregoing statement to be true, according to our respective knowledge uf the facts. (Signed) W. II. COPP, Muster. HAlfYEY D. COPr, Muto. Witness : (Signed) AKTiiri? J. .Judge, Vancouver. This is the statement marked (A) referred to in tlie annexed declaration of William Harvey Copp, taken before me, this 8th day of Noveiubcr, 18!)2. (Signed) A. St. G. Hamehslky, Notary Public for the Province of British Columbia, (Seal.) luclosurc 7 in No. 52. The Marquis of Ripon to Lord Stanley of Preston. (Telegraphic.) Downing Street, .January 18, 18915. SEND home as soon as possible authenticated copies of I'l-otoeol si!j;ned bv capt;iiii of "Vancouver KcUe," ond of chart showing line drawn upon chart of " Walter 1'. Hall." Inclosurc 8 in No. 52. Lord Stanley of Preston to the Marquis of Ripon. (Telegraphic.) January 19, 1S9;5. YOUR Lordship's telegram of the 18th January. Protocol sent out by mail to-day's post with approved Minute of Council. Chart referred to is at Victoria, British Columbia. Ha\c telegraphed for it, l)ut it cannot get here for ten or twelve days. Inclosui-e 9 in No. 62. Lord Stanley of Preston to the Marquis of Ripon. (Telegraphic.) Jununnj 20, 1893. YOUR Tjordship's telegram of the 18th .January, and my last telegram of tin; 19th January. Telegram from Victoria says schooner " Walter P. Hall," Prowu master, sailed for Japan waters, sealing, five days ago, chart on board. Collector of Custonis, "Victoria, has written to master, Y'okohama, return chart. No. 63. The Earl of Rosebery to Sir It. Morier. (Extract.) Foreiyn Office, February 8, 189:5. WITH reference to previous correspondence respecting the seizure of Pritisli sealing-vessels by Russian cruizcrs in Rehring Sea, I transmit co])y of a further letter from the Colonial Oflice, inclosing copies of two despatches from the Governor-Gciieinl of Canada, with Minutes of Council and affidavits, respecting the seizure of tlio " Carmolite," " Maria," and " Vancouver Belle."* Further adidavits as to the seizuiv of the " Rosie Olson " and the interference Avith the " W. P. Hall " are also inclosed, I have to instruct your Excellency to present those atUdav'ts and statements ol' claim to the Russian Government in the same manner as the evidence previously forwarded. • No. as. in No. 54. Sir B, Morior to the Earl of Rosebery. — {Received March 6.) My Lord, ,S7. Pelersbun/h, March 2, 1893. 1 H.VVE tlic honour to transmit herewith to your Lordsbip a copy of a note which i Imvo addressed to the Russian Goverinnent, in compliance with the instructions contained in your Lordship's despatcli of tlic 8th ultimo respecting the seizure of certain Ihitish sealinf>-vessels Ijy Russian cruizers in the North Pacific. I have, &c. (Signed) R. 13. D. MORIER. j i Inclosure in No. 54. ■GtV R. Morier to M. Chichkine. M. Ic Conseillcr Prive, .S7. P'-fpy^hr-rj},, Fdrur^ry (21), 1893. AVi'ril reference to previous correspondence, I have tlie honour to transmit liercuith to yi)ur I'^xcellency copies oi further documentary evidence respecting the seizure of certain British sealing-vcssels hy Russian cruizers in the North Pacific. These documents (!onsi;it, as yoar Excellency will perceive, of copies of original as well as amended and supplcmeiitavy sworn statements, declarations, and particulars of claims having reference to the cases of the "Ariel," " Willie McGowan," " Rosie Olsen," "Maria," and the "Carmolite," which were brought to your E.\cellency's notice in my notes of the I7th (iiOtli) November, and 9th (21st) December, 1892, as also of copies of evidence of a similar nature concerning the cases of the British vessels the "Walter V. Hidl " and the " Vancouver ]Jelle," which I have now the honour to lay before your Excellency for the first time. l''rom the declaration of John Brison Brown, master of the schooner " Walter P. iliill," of Maitland, Nova Scotia, which left Victoria on the 13th May, 1892, it would appear that on the 17th August last, while that vessel was 25 miles south-west of Ikhring Island, siie was hailed, and her master ordered by Captain de Levron, of the Imperial cruizer "Zabiaka," to take his papers on board that vessel, which order was obeyed. After an examination of the papers the chart was demanded, on which Wine shown the daily positions of the schooner while in waters cast of the line of demarcation. Captain de Levron was apparently satisfied, hut notwithstanding that the schooner was, at the time of the interruption, at least 25 miles from the nearest land, he ordered her master to depart " out of Russiiin waters forthwith." The master of the " Walter P. Hall " demanded to be informed as to the limits of asserted Russian waters, when Captain de Levron drew on the schooner's chart a line from Cape Chalutka, ou the coast of Kamtcliatka, to the most southerly point of the Aleutian Islands. He likewise made an entry in the official log of the schooner to the cHVct that the latter had been within Russian waters for sealing, that her captain had received warning not to cross Russian waters any more, and had signed the notice of the liussian Government. J. B. Brown acknowledges signing this document, but states that he did so under the threat of seizure and to relieve his vessel and crew from such peril. \\c finally points out that this forcible interruption of his legitimate cruize resulted in grievous financial loss to the master, crew, and owners of the " Walter P. Hall." The facts as to the case of the " Vancouver Belle " are briefly as follows. That schooner, commanded by Captain AV". H. Copp, cleared Vancouver in February ]^1)2, to cruize in the North Pacific Ocean and the Sea of Okhotsk, and on learning on the 18th June from the otter-hunting schooner "Olga" that the modus Vivendi between England and America was again in force, crossed over to the Russian side of the Pacific Ocean. On the 12th August, when in company with the American schooner " Anaconda " at a point 20 miles distant from the south end of Copper Island, the boats were put out and eoniraeneed sealing to the south-west, the vessel being under sail. Shortly r.fterwards a steamer was sighted to tl>e north-north-east ; the boats were recalled and brought on board, having taken no seal that day. Tiio steamer, which proved to be the Imperial cruizer "Zabiaka," after coming within distance, fired a gun, when the "Vancouver Belle " hove-to, and the captain, in obedience to a summons, went on board the "Zabiaka." His papers were examined, and Captain de Levron, after asking him whether his Government did not know that he could not go to the Sea of Okhotsk, and cross-examining him as to his cruize of 1891, said : " Captain, you went to the Behring 111 Mi- -r > ' i.v m^\^y ff^'if Is, PFI li 112 Sea last year and the American cruizers drove you out ; you woidd have gone this year only were prevented by the same reason, and now you have crossed the American line and come into Russian waters ; tiiercforo I will seize your vessel." Captain Copp protested against the seizure on the ground that, being 24 miles away from any land, he considered he was on ihc open high sea, and was following a legitimate hunting and scaling bus'iness. To these rcnuirks Captain de Icvron replied : " II does not matter to me what you consider to be the line of demarcation of tlie Bohring Sea and the waters of the Pacitic Ocean ; my instructions from my Admiral arc to sc'ze all vessels found sealing noith of a line drawn from 3 miles south of the southernmost Aleutian Island on a parallel of latitude to the Kamtchatkan coast ; but I use my own disi'retion and have seized four, and you are the fifth ; I could have had twenty as well as four." After this conversation the vessel was formally seized and her captain and most of her crew were transferred to the ''Zabiaka,'' where they found fifteen men of the "W. P. Sayward," who had been captured in boats." Captain Copp and his crew were treated with great kindness and consideration by Captain de Levron, who expressed great symiiatliy for the former, stating that he believed in the truth of his protest, as also that it was a misfortune for him that ho, Captain de Levron, had seen the other boats and had picked them up, otherwise the " Vancouver Belle " would not have been seized that day. It was finally determined by Captain de Levron, after a correspondence which is given in cxtcnso in Captain Copp's declaration, that the "Kosie Olsen," a British sealing-vessel which had been previously captured, should be condemned as worthless to the Russian Government, her name changed to the " Prize," and having been provisioned for thirty-seven men, handed over to Captain Copp for his own account to convey him, his crew, and fifteen others, who were entirely destitute, to Vancouver. Soon after reaching Petropaulovski on the 17tli August, this arrangement was completed, and v\hen Captain Copp had signed, under protest, a Protocol giving the circumstances of the seizure of the " Vancouver Belle," he started in the "Prize" on the 23rd August, and arrived at Vancouver on the 21.st September, when the latter vessel was made over to the British officials. Captain Copp states that his treatment by the Governor of Petropaulovski was very different from that he received at the hands of Captain de Tievron, and complains bitterly ot the hardships he had to endure when in that port. I have the honour to submit these cases to your Excellency, as also the above-named fresh evidence to the other cases previously submitted, without comment, feeling confident that they will receive the most earnest consideration of the Imperial Government. I avail, &c. (Signed) R B. D. MORIER. No. 55. The Enrl of I'osrhrry to Sir R. Morier. Sir, ^ ^ Forei(]:i Office, March 8, 1893. I HAVE received your E.xccllcncy's despatch of the 2nd instant, forwarding a note which, in compliance with the instruct ions contained in my despatch of the 8th February last, you luive adilressed to the Ru-sian (Jovernment respecting the seizure of certain British sealing-vcssels by Russian ciuizers in the North Pacific. 1 have to acquaint your Excellency that the terms of this note are approved by Her Majesty's Government. I am, &c. (Signed) ROSEBERY. No. 5G. Colonial Office to Foreign Office. — {Received March 10.) Sir, Downing Street, March 10, 1693. WITH reference to the letter from this De])artment of the 24th January respecting the seizure by the Russian cruizer " Zabiaka" of the British sealing-vessel "Vancouver Belle," I am directed by the Marfpiis of Ripon to transmit to you, to be laid before the Earl of Rosebery, a copy of a despatch from the Governor-General of Canada, forwarding what is presumed to be tiie otlicial Protocol of the seizure of the vessel. I am, &c. (Signed) JOHN BRAMSTON, -113 Inclosure 1 in No. 66. " Lord Stanley of Preston to the Marquis of Ripon. My Lord, Government House, Ottawa, February 18, 1893. WITH reference to your Lordship's telegraphic message of the 8th instant relative to a document in Russian, required in connection with the consideration of the case of the " Vancouver Belle," I have the honour to transmit lierewith copy of an approved Minute of ihc Privy Council, to which is attached, with other papers, a Russian document which is presumed to bo that required, though it appears to be in some respects imperfect. I have, &c. (Signed) STAXLET OF PRESTON. :>l Inclosure 2 in No. 56. Report of a Committee of the Honourable the Privy Council, approved by his Excellency the Governor'General in Council, on the lith February, 1893. THE Committee of the Privy Council have had under consideration a telegram hereto attached, dated the 8th February, 1893, from the Marquis of Ripon, stating — " Document required is Russian Protocol signed by De Levron and master of the vessel." The ^liiiister of Marine and Fisheries, to whom the telegram was referred, states that it will be remembered that the master of the " Vancouver Belle " made an agree- ment with the Russian officer who seized his vessel, 'ihereby that officer condemned and handed over to Captain Copp, for his own use another seized British schooner, the " Rosie Olson," as a means of transporting to Victoria some thirty-six sealers from his own and other seized vessels. The Minister further observes that reference to the Minute of Council of the 20th December, 1892, detailing the circumstances attending the seizure of the British sealiiig-schooner " Vancouver Belle " by the Russian authorities in the North Pacific Ocean, shows that on arrival at Vancouver the late master of the " Vancouver Belle " handed the schooner, " Rosie Olson," then called the " Prize," over to the Collector of Customs, together with documents touching the seizure of his vessel and the arrangement above referred to. The Minister further states that these papers were forwarded to the Department of .Marine and Fisheries in connection with the disposal of the vessel in que.stion. They are hereto appended as follows : — 1. Letter from W. H. Copp to Collector of Customs of the 22nd September, 1892. 2. Protest against seizure of the 12th August, 1892. 3. Letter from W. H. Copp to Captain de Levron of th-i 18th August, 1892. 4. Letter from Captain de Levron to W. H. Copp of the 20th August, 1892. 5. A Russian document, presumably an imperfect copy of the Protocol required. Further reference to a statement covered by the Minute of Council above referred to reveals that Mr. Copp states that he was compelled by circumstances to sign the Protocol, and he refers to a note at the bottom dictated hy Captain de Levron, and written hy himself in English. Further on he states — "Copy of the Protocol was then made for me ." The Minister further observes that although the Protocol forming Appendix No. 5 to this Minute is in a language unknown to him, it does not appear to have been signed by VV. H. Copp, nor does it contain the foot-note which he states was written in English by him on the original, at the dictation of Captain de Levron. The Minister furtlicr states it is the only document in the Russian language, however, which was forwarded by the officer to whom Captain Copp says he handed all documents, and who states he transmitted all papers delivered to him. The Committee advise that your Excellency be moved to forward a copy of this Minute, together with the original Appendices, hereto attached, to the Right Honourable the Secretary of State lor the Colonies. All which is respectfully submitted, for your Excellency's approval. . . (Signed) JOHN J. McGEE, • •■;.'",*.-"'. Clerk of the Privy Council. i r ■ ■ ! 5 ':'- ■ it- H n .. iff [504] lU Inclosure 3 in Ho. 00. The Maniuin of liipon to Lord Stanley of hcfton, (Tologinii1\ic.) Hoirninij Sirrd, Fchiiiaiii P, ^HW^, YOUU iloNpfttch of the Jltli .lanunrv. Doruniciii iLM|ui»c(l k HuHHiaii Protocol ■igucd Ity Do licvron niul umHtcr ol' voshcI. A}i)inn(li\ No. I, Sir, I'liiKKiinr, Urilish Culinnhiii, Si/i/ciiilio' I!2. IH'.I'J T, W. II. ( 'oi'l*. llOlcliy linilil over til Vimi, »S i 'nlli'ildr nl' ( 'iihIoium, (lie mcIuhimit cullnl tlic '• \'\\/i\ wliloh Wfis givi'ii iiio, iH jicr mpy nt' li'llcr incloiu'il, in loiiMiilriiiliim of my iiiicli'itiikint,' In ciiniliiil |||,. OXiH'ditioii iimncil in sniil let I it Ion |hiiI in l!i iliMJi ( 'oliiMiliiii. My iciiHdn I'lii' j^'ivin^ 111 in M'hki'I "I'ii/c' into yonv IiiuiiIm is tl\iil niiivin^ lii'ic in |iiiil willionl pii|M'rM oj' nny liimi ('Xn'|i(, lln' Ii'IIit nM'nllmicil. iiud iinolliiT Ii'tti'i' IViini the HM«Mi:in Ailniirnl, In .slmw l,ci m1m|im "I' wnr dm my iuismh^c in cimi' I \\m SlinkiMi. wliicli li'llcv 1 iilso 'nrliisi' ; nnil lli;il, licin;; liiiiiMc Id iimi' IImm scliniiiii'i' witlionl nllnv |iii)iriii. I wduUI iisk tlii> ("i\nnili;in (JovcMnnicnl fur ii'j;i,slri\linn iiiiih'Vh, hd IIiiiI I niiiy lie iilili; (n clcnr Imt, i niii- plyiiii; wilh iinv Ko^nlntiDnN (In- (iDviMiimonl nmy riMiimc 1 nnilorst 1111(1 thin vokncI wuh lovnicMly nwni'il in X'ictDiiii, HiiliHli ( 'nliimliiii, iiml cnllcil llw " lldiiiu Olaon," mill ciM/cil niul I'DiilisiMlcil liy I lie l!-.iMNiims dii mii ii1I(\l;i'i1 cliiitc^c dI' illc^jnl Hciilinj,'. 1 ftlsD iiicloHc y(i;i II CDiiy of my inntrHt iijiaiiiHl tlic aci/.nrc nf llic " Viinrnuvcv Itclli'," iiml mIkh copy (if luy wvilU'ii iviiiu'si tn luoviilo a iiiciuim lor tlic lriuis|)iutiiliDii nf tliir(y-Hi\ Kcizcd mciiIi'Ih to tlioir houiCH in bi'iliuli ('oluiiil>ia. ViMU'H (nily, (Sinned) \v. jr. corr. J. M, Bowoll, £."»<]., Viinemivor, lUitil«ml)in. Appondix No, '2, Sir. J-',y pviili'sl nijninsl llii> Rcizuvo of my vessel, Ihc sclioniu'i' " Vancouver Uti'.ld," of Viiiu'oiivcr, British ('oliniil'ia, liuvinij on Imiivd (il7 sailed .seal-skins, of wliieli ',V.\C) were taken in Mm eoieM wnteruif Bviti.sli (\>liiinliia and Alaska IVoin '20 to (10 miles olV iVom slioie, and the Imlant'o taken in tlie I'acilio Oconn from W to 1," miles IVoni llie sliores of (^>llllel• and Belwin^' Islands; and at no time simo coniini:; 1o tliese waters liiis my ves-sel or lioals lieeii lienvev llie slioies of ('o|i|iei' or l>elirin}» IsImiiiIs tlinii 1.'> miles ; and at tlio time of seizure (iLMli Aii,L;iisl\tlie Moiitlipriiii'Ost |)ointof Co]i]irr I,Mland,li(in' north hy cast a di.slaneo of 2\ miles, And 1 lunehy solemnly prolesl aLiain.sl siieh seizure, never liaviiij,' any knowh-dgo of any I'rocla- ination deliiiiii^ ttie lioiiiular\-litie near tliese islands oilier tliiiii a ii'iiort of a U-mile litnil iirnuiid llirae i.slaiul.s, iiKside of vliich were claiiiu'd as L'ussian waters ; neither iiad I any warning to lotivo Ihe.so waters forthwitli. (Signed w. n. corr, Master, " Vnnanircr Ikllr" To tho Conunander of the I'u.ssian eruizfr " /nhinka." 1 horoVy certify that tlii.s eopy, signed hy W. If. Copp, is oorroofc from tho protest duly rect'ivcJ from the master of the schooner " Vanconvor Uellc." Au^u^ 8 (.20), 18Sti.', (Seal.) (Signed) B. DR Lrvron, Vapfain of His Imptriat Majexty^s Ruitinix cmizcr " Znbiaka," Appendix No. 3. Pear Sir Anf/nst 18. 18t»2. Havinp, with uw crew, li^'on thrown upon the foreign shores of Knnischatka, in con.se(iucncc citlib ■eiTuro of my vessel, the .schooner "Vancouver Belle," l\v your order, on the 12th August., 1892, 1 hereby lieg thiit you will use ycnn- best eiuleavt v.rs to arnmge some way that myself and my crew of twenty-one men, toLielLer with tifteeu others, wlio are entirely destitute and at your mercy, way as quickiy a.s possible leave the shore of Kamsohutka for our respective homos in America, and to facili- tate' such an undertaking:;. Seeing tliat no chance otTers by steamer or otherwise, I would earnestly beg to request that you will tit out and provide me with one of the .scaling-scliooncrs that you have lately sei7e(l, and with these thirty-s(>ven men dispatch me in charge of the .schooner, which charge I hereby promise to faithfully perform. Many of tliese men are without clothing, and the longer they remain in this cormti'y tl»e greater will bo this siiti'ering when cold weather seta in ; and you will bo granting a fuTout by giving the request your careful and earliest consideration, aud inform n>c as to your decisioa And your bmnble servant, in duty bound, will ever pray. Very truly yours, (Signed) W. H. COPP, Ev-master schooner " Vancouver Belle" C&ptaiu de Levron, commanding Bussian ^_ _^ __ __„^_ cruizer "Zabiaka." — ™-' 115 'i-.'. I ■" \l i\|l|H)lllli.\ N". 1. |(|.;irSir, Aii;/iiHt H (JO), 1H02. Ill i(';;iiiil I'l yniir iciiiichI, diitdd tin' iHlli AiihmhI, I Imvi' i iiicCiilly loiiHidnKiil wlinl, yon wiy, iiiid, III iiiiHWiT, iijiiy Htnti' llmt I linvn ikiw IiiKcii tlii' ii"i|HiiiHiliiIity, imd, iic'irdiii^' f'p tln! iilxivcHiiid ir'(|ii»'»t, I iiinv driivi'i' 111 yiiii I'll' yiiiii' own iiri'oiiii'„ (lie, Mi'lioomr " I'li/.c," \vlii('li will Im Hii|i|)li('il with |iiiiviMions for forty divyn fur thii roiii|il('iiii'ii(. of iiii'ii wliiili yon will Imvi' on lionnl, viz., lliirty-«ov«n, iiikI will jiiil lii>r ill ;{iiiid oiilcr for Uio voyn^rn wliiiji yon will iiiidi-i't,iiki'. I ri'i|uiro lliiit yon hIiiiII iilinti llii' ini-ii on liouid tliti " I'li/.c," uiid in dnr lonrmi, wIkiii rrtiidy, nnil tvilli nil diH|iiilrli III II ( 'nninliiiii poll,, iind on your iiniviil In Htiidi |i(irl iliwliiiri^ii tliu illicit Ctuiii lltc 'il iicr " I'ri/r " licroi'i' II duly iiiillioiixi:(l IliitiHli oDii Jul. (Siyiifd) I!. I IF, LKVFtOX. t'li/ilnlii iif //in fiii/iiriiil Afiijinty':! lliiKtinn rrviz'i' " Philiiiihii." Cililllill W. II. <'o|ili, .MiiMli'r of Ijii' Huizci] Hrliooiior " Vmioonvin' lii'lli'." , -■ •,..;,. A|i|n'iidix No. Ti. Oiilri' iiHiifil 1)11 hull I'll llii; " /iiil>iii/,ii," Siiniiil-ilum l'iiii~.i:i\ ('fiiitiHlalioii.) W'liiiiciiH i> I'roloi'ol wiiM diiiwii ii|i on llic .".j.^l diily jii.4t liy a ' 'oniniiHHioii (i[H)oinl,i'd liy ino on Iho L'Hili .liiiiii (tiidrr iVd. ()(») f(i NPiiri'li llm nrliooiicr " Viinnonvcr Itidl"-:" .\iid wIk'Ii'iim nil Ordi'i' wiih isiHiii'il liy llm |ni|M'riiil |{iiMniiiii (lovi'iniiiinit in IHMI : And wlitiriiii.M an Ordtir wiih JBHiiiid liy tint Oovi'mor-dnnnal of Kimtmii Milmria on tbe lit N.ivcinlicr. |HH:1 (No. 1171): And wlKiroiiM iiiHtriiclioim Wfro (^ivon to th« oriiizcr (in tliu 22iiil April, lH9li(N'<). 142S) by Utt Coiiiiiiiindiinl of llio Tort of VhidivoHturk : N'fiw, lln-rfforc, I, flm Pommandcr of tbo afornHnid criiiznr, r'aptiiin of tlio 2nd Cla«H BoriH Kiirlovi(.*li bn roiiliMCAted and tak<'n to VladifmtfKfk under tho I'liiiiinaiid of nil oDicor, 2. A coinplolAi iiivoiitory of uvi^rytliing on Ixmrd tlio «cliooiier shnll U' made bii her crriTal at I'cliiipiivlovsk. .'•. So iiiiii'li of lii'r rar^o uh will not licar kiinpin^ lo^^fitliur with tlio Hpnro boatii utvl tackle shall lir> Hold liy iiuc'tioii iit tln! port of I'lilropavlov.Mk for tlio li(tin:lit o( tint jxihlio Kxcliwjuer, 'I. Tilt' Nriil-sk iiR shall hv linridftd ovit to Hki Oovernor of tlic Coniinandor Inland.s, who ftliall be nskt'd for a receipt. fi, Tho prcmjiit (Jrder sliiill lie connnunicatofl to tho proper Riithoritim, 0. (!opi('n of tim Protocol and the prcHont Order ihall lif xivwi to W. IT. O/pp, the mwitcr. Signed) DK LKVKON MA, (JtipUim uj llu 2ud (Jluti, C'(/uimaiuUr o/ (he 2nd C'fase crvizer " 2ulnciku." A true ropy: (Sij^'iiod) LliafTKNANT UkZKIIOVNV, yl«'//^r. (Seal of tile" Zubiakn.") il! ..1 '■ I, No. 57. The Earl of llosebery to Sir R. Morier. Sir, Foreign Office, March 15, 1893. WITH reference to my despatch of the 8th ultimo, I transmit herewith a copy of a letter from the Colonial Office,* inclosing further papers received from the Government of Canada in connection with the seizure in Behring Sea, by the Russian cruizcr "Zabiaka," of the BritiHh sealing-vcssel " Vancouver Belle." Among the documents inclosed in this letter as Appendices to a Minute of the Canadian Privy Council is one (No. 5) which appears to be a copy of an Order issued by Captain do L^vron, commanding the " Zabiaka," for the confiscation and di.spo.sal of the " Vancouver Belle " and her cargo. A translation of the paper made in this Office is annexed for your Excellency's information, together with the Rassian copy. I request that you will have the goodness to furni.sh the Russian Government with copies of the papers appended to the Minute of the Canadian Privy Council, in addition to those previously supplied with reference to the case of the "Vancouver Belle." I am, &c. (Signed) ROSEBERT. ', l-fijni i 'ill \ . "■ ■^ ' : 1 _ !,(:,. * No. 56. Twrr 116 a e '^^ , No. 68. Sir J?. Moriei to the Earl of Rosebery. — {Received April 4.) My Lord, St. Petersburgh, March 28, 1892. I HAVE the lionour to report that I have transmitted to the Russian Government copies of the papers appended to tlie Minute of the Canadian Frivy Cou" il respecting tlie seizure of the British schooner " Vancouver Belle " by the Imperial cruizer " Zabiaka," which were inclosed in your Lordship's despatch of the 15th instant. I thought it best to furnish M. Chichkine with the Russian text instead of a trans- lation of the order issued by Captain de Levron for the confiscation of the " Vancouver Belle." I have, &c. (For Sir R. Morier), (Signed) HENRY HOWARD. No. 59. Mr. Howard to the Earl of Rosebery.— (Received May 16.) My Lord, St. Petersburgh, May 3, 1893. DURING my interview with M. Chichkine to-day I informed him that your Lordship had observed that, in his note of the 6th (18tii) April to Sir Robert Morier respecting the measures proposed to be adopted for the protection, during the coming season, of Russian sealing interests in the ^ orth Pacific — which note, as he already knew, was receiving the immediate and careful consideration of Her Majesty's Government — his Excellency had stated that the examination has been made by the Russian Commission ad hoc of the several cases of British vessels seized by the Russian cruizers last year. With reference to this statement, I added your Lordship had requested me to urge his Excellency to furnish me with the answer of the Imperial Government to the repre- sentations on the subject laid before them by that of Her Majesty at the earliest date possible. M. Chichkine replied that the Commission had completed their examination of the cases in question, and that I should receive the answer 1 had requested very shortly. I asked his Excellency when I might really expect this reply, as your Lordship was naturally anxious for information on this point ; to which he answered that he could not fix the exact date, but that it would not be long before I received it. I have, &c. (Signed) HENRY HOWARD. i. ... . .k.lv.. fA'-i. w-n„ KUSSiA. No. 3 ri893). D K S P A T C H PROM l»l . \ 8JR R. MORIER, ' '■: INCLOSING TUB REPLY OE THE RUSSIAN GOVERNMENT IN REGARD TO THE SEIZURES OF BRITISH SEALING VESSELS BY RUSSIAN CRUIZERS IN THE NORTH PACIFIC OCEAN. Presented to both Houses of Parliaiw^nt by Command of Her Majesty. June 1893. LONDON: PRINTED FOR HER MAJESTY'S STATIONERY OFFICE BY HARRISON AND SONS, ST. MARTIN'S LANE, rniNTKRa IN ORDINARY TO HER UAJIglY. And to be pirchaaed, cither directly or through tny Bookieller, from BVRI<: ANU SPOTTCSWOODE, East Haroino Strkrt, Flkit Strkki. E.C, and ' ' 32, Abinodon Strist, Wkstminstrh, S.W. ; or >.,-■[: ;•■ JOHN ME.NZIES «c Co., 12, Hanovfr Strskt, Edixburoh, and 90, Wist Nile Street, Glasgow) oh HODQES. FIGGIS, & Co., Limited, 104. (iHAFTOt) Stkcet, Dublin. [C— 7029.] Price 2d. . • ,■1- ' M \^r ;■-;!•. ! ,i± u I^ospatcli from Sir \\. Morior, inclosiiiij tliM Koj)Iy <>1 the Uussiim (lovcrinncnl in ivjjfard t* tliu Seizures ol iJi'ilisli Sculiii^r Vessels l»v lliissiuij Ihiii/ors in ilio Norlli l*i«'ifi(' Ocean. sir l{. ^fo)■ipr In llir Harl of Rnsehvnj. — {Rrcrlvrtf June Ifi.) My Lord, ^7. Pctcrnbunjli, June VI, IHiK). 1 HAVK rociMvcd from iM.C'liiclikin'.' a rc|)ly to my notes of the 17tli ('2!)lli) NovcnilH'r, 4tli (Kifli) iind !)tli (2 1st) Di-ccmbor. rospuctiiii? tlic captmv of Canadian soalcrs in the Iklirini;- Sea. This note transmits two inclosures, nivini; the suhstanee of tlie llcports ol' tlic Special (\imniission appointed to examine and pronounce upon tlie (|uestion. 'I'lic tirst has reference to tlie (•()in|)laints and accusations hioui^ht by the crews of some of the scalers for hardsliips declared to iiave been suffered at tlie hands of the olTieers by wlioin they were captured. As these wei-e maiidy din-eted against Captain de Livron, ('oni- niander of tlie " Zabiaka," and have been refuted by tlie dcclaratiors of that ofFieer, who was cited before the Commission and cross-exainiiicd by tlicm, [ think it right to observe that I have ascertained hcyo!.d a doubt that Captain (W l^ivrou is a straightforward saihir and an honourable ijcntleman, (piite incapable of the brutalities imputed to ijii . by the captains of the " Willie MeCiowan " and the " Ariel." It is also worth remarking that the evidence of some of the other ciiptains, especially that of the master o( the " Vancouver Ueile," stand in the siro:.n;est contrast with tiiat of the above-named masters. Lastly, the inl'oi- mntion now furnished to us entirely confirms my view of the case as sugi^csted in my note of the 17th {2!)lh) N'oveinber, that the persons really responsible for the hardships suH'ered were the civil authorities of I'etropavlovsk, and not the naval. .\s regards these, M. Chiehkine states that the nggrieveil parties can, in the ordinary course of law, seek redress either frtjin the su|)eri(n' navid authorities or througli the competent Tribunals. The second M( morandum is of far greater importance, because it lays down the general principle, in virtue of which tlie schooners were captured. It is as follows: — That the canoes and their crews are part and parcel of the schooners ; they arc the instruments with which the latter carry on their fi^lling operations, and in the present cases they were furnisiied with the special apphances, viz., clubs for the destruction of seals on shore, and wholly useless for the purposes of pelagic hunting. A schooner, therefore, whose caimcs can be proved to have hunted seals within territorial waters, though hciscif captured outside those waters, is as criminally responsible for the acts as the canoes themselves, iuid even if captured in the open seas becomes good prize : " Dans son appreciation de la legalite des captures ctfeetuees .... la ('onunission s'est inspiree d'uii j)rincipe dont on ne saurait eoutester le i)on droit et lY'quite. Kile a reconnu de bonne prise tons les biitiments dont les chaloupes avaient ete aper9ues ou arrfitees dans nos eaiix tcrritorialcs. II est indeniable en elf'ct (piJ les chalou|)cs constituent, juridiqucnient parlant, une dependance dii schooner auquel elles appartiemient. Leur saisie duns des caux territoriales rend par eonsenuent parfaitcment legal I'arrestation du bfttimcnt dont elles font en (piclijuc sorte partie. S'il en etait autrement, un schooner pourrait impune- nient faire la chasse anx otaiies sur les cotes en y cuvoyant ses cl'.aloupes, et enfreindre ainsi I'invinlabilite des eaux tcrritoriides, tout en sc tenant Ini-meme hors des dites eaux." Applying this principle to the case of the six captured schooners, M. Chiehkine informs me that fourof tbeui, the " Marie," " Hosie Oisen," " ('armolite," and " Vancouver Belle," have been adjudged good prizes, as the evidence that their respective canoes captured seals either actually in liie rookeries or within the .'i-mile limit was eonchisivc ; whereas, thouglj the moral evidence was equally conclusive iu regard to the " Willie McGowan"and "Ariel," the canoes themselves had not been actually seen within the territorial waters. 8 AcconliiiKly, as ii'k»i'i i i ■ * It' .1 " '1 ' • < ■ '^ ■ : i-{i;:,-i^ " Willie MacGowan" et "Ariel. J3 2 I On nc saurail ci'|K'ii(laiit mtconnalliv Iai;i,nite (It's indices, (|ui out atiiciid lesC'oramandautM ik" iios iToisoiiis i\ ctlet'tiiiT dcs |)er(|NiHitions u hord do cos dernicrs. [^ " Willie MatUowiiii " a pris la liiite aiissitot, ajji^s avoir a|»('r<;u lo croisciir Russf; 11 a'a pas mis I'll |iaiiii(; sur riiijoiiction dii " Zaiiiakn." Si leCominaiulaiil dii n()i*('\ir liiis>-c ii'a |i:i.. vii Ics ilialoiipcs dii " Willio MacCJowan " cliassunt ilief^aicniciit rul.nie dans iion cmv lenitiirialos, il cii avuit ote aviso par Wn habitants dc la cole. 1^ pcr(|uisition revel i la presence h luml dcs ciifiins servant ii hi cliassc aux otarics sur la cAte aiiisi (piu soixanlc-sLize peaux, doiit suixaiitc-iicul' 6t(vs d'animaux ftmellcs, tut's par consequent pr^s dc la cote. Les 90 pour cent dcs pciinx trouvcs sur " I'Ariel," avaieiit etc iirobalilenient aussi C){6es dc fcnielles-m^ies, ct provu- naient d'otaries jirises dans les eaux tcrritoriales Ilusses. L'imporlance de ces donndes ne fut pas iiiisi! eii doulc par la Commission ; ellc nc les consid(!;ia pourtant pas comme dcs prcuves formelles, justiliant I'arrestation des schooners, faute d'unc condition esscntiellc : leurs chaloupes n'avaient pas ^te apcryues ciiassant I'utaric dans les eanx Ilusses. En portant cc (|ui precede ii votre connaissance, M. I'Ambassadeur, jc me fais un devoir dc vous informer, (|u'eii presence des conclusions ci-dessus cxpos^es de la Commis- sion, le Uouvemement Imperial ne se refusfciait pas a proceder tl une estimation de I'indcmnite li verser aux armateurs des schooners, " Willie McGowan " et " Ariel." Veuillez, &c. (Signe) CHICHKINE. (Translation.) .M. I'Ambassadeur, St. Petersbuirjh, May 29 {Jutie 10), 1893. I HAVE had the honour to receive the notes which your Excellency was'so good as to address to the Imperial Ministry, dated the 1 7th (29th) November, and the 4th (I6th) and 9th (21st) December, 1892, relative to the seizure in Behring Sea of Canadian schooners and fishing boats by Russian cruizers. A Special Commission having been appointed by luperial Decree to examine into the circumstances under which these seizures were made, the Imperial Ministry did not fail to lay before it the depositions (affidavits) of the captains and crews of the schooners con- cerned which accompanied the above-mentioned notes. In reply to these communications 1 make it my duty, M. I'Ambassadeur, to transmit now to you the two Reports inclosed. Your Excellency will observe from the perusal of the first of these documents that it deals with the assertions of the Canadian crews as to the privations alleged to have been inflicted on them at Petropavlovsk. In the opinion of the Imperial Government the Commission has fully elucidated this matter. Nevertheless, if the interested parties consider it necessary, they have the j)0wer to avail themselves of the regular course provided by law in order to i)resent their claims cither to the superior naval authorities or to the proper Tribunal. As regards the declarations of the captains of the Canadian vessels, according to which they would appear to have been threatened with being brouglit before a court- maitial or deported t ~ Siberia, the Commission has not considered them of a nature to be taken seriously. These threats, which Captain dc Livron has formally denied, would have been wholly superfluous from the fact tiiat the signature of the protocol of seizure by 'he captain of the schooner was not at all necessary to make that document valid. The Commission has also noted, as entirely without foundation, a declaration of the captain of the " Ariel " with reference to an alleged insult by our sailors to the British flag. Such an assertion would have been an offence against our own fleet, if its author bad been aware of its nature and had well weighed his words, instead of only attempting to arouse national susceptibilities. Neither the military discipline, nor t'ne respect for all foreign flags as such, which distinguish our sailors, allow it to be supposed for a single instant that men belonging to the crew of a Russian man-of-war could have been guilty of an offence against the flag o( a friendly nation. Captain de Livron has given the most formal assurance to the Commission that on the slightest action of this kind he would have instituted the most searching inquiry on the spot. The second of the accompanying Reports contains a detailed examination of the circumstances which accompanied the seizure of the schooners and their boats. In considering the legality of the captures effected by the ('oinmandei's of the Russian cruizere and by the District Governor of the Commander Islands, the Commission was guided by a pnnciple the justice and equity of which cannot be disputed. It recognized as lawful seizures all vessels whose boats were seen or captured ia our territorial watciH. It eamiol, indeed, ho denied, that tiio houls eonstitule, jiiridicully, an appendai^o of the sehooncr to whirli tliey Ijoiont^. Consequently their seizure in territorial waters renders the cajitMre of the vessels, of wliieli they in some respects t'or.n part, perl'eclly lei,'al. If it were otherwise, n sehooner coidd with impunity pursue seals .n. llio consts hy sending' her hoats tli(!re. and thus mriiimc I he inviolahility of territorial waters, altlioii,!:h hersilf reMiaiiiiu'^ outside the said waters. Takini; this view of the matter, the Cnnmiission recognized the le<»ality of the sei/.mc of the seliooners " Marie," " llosic Olsen," "Cnrmolite," and " Vaneouver Hello," hut was unahle to do so in the case of the seizure of the seliooners "Willie Mc(Jowan " and "Aiie!." There cun, however, he no (|iicstion as to the serious nature of the indie itims whieh indueed t!ic Commanders of our criiizers to institute a searcii on hoard tliese last named vessels. The " Willie Met lowan " took flight as soon as she had sighted the Kussian enii/.er, and she refused to heave-to at the summons of the " ZahiaUa." Though the Comniander of the Russian eruizei did nut :>ee the hoats of the " Willie McGowan" engaged in the illegal pursuit of seals in our territorii\l waters, lie had heeu inlornifd of it hy the iidiatiitants of the coast. The search revealed the i)i'csenee on hoard of iin])lements used for sealing on the coast, ns well as of seventy-six skins, of which sixty- nine had heen taken from female animals, who uuist, theri'fore, have heen killed close; to the shore; 90 percent, of the skins fouiul on hoard the "Ariel" had prohahly also heen taken from nursing lenuilcs, and helonged to seals caught in llu-sian territorial waters. The importance of this evideu' e was fully recognize I hy the Commission. It was not considered, however, as amounting to positive proof such as would justify the seizure of the schooners, owing to the ahsenee of an essential condition : their boats had not heen sighted in actual pursuit of seals in Russian waters. In hringinj;- what precedes to your knowledge, M. rAmbassadeur, I consider it uiy duty to inform you that, in view of the findings of the Commission as doscriljcd ahove, the Imperial Government would not lefusc to proceed to an assessmtvit of the inlemnity to he |iai(l to the owners of the schooners " Willie MeGowan " and " i* ('icl." 1 have, &e. (Signed) ClllCnivINi;. 4 of the )ts. In Russian lion was cognized erritorial Inclosure 2. Rp])ort of SppcinI Commission. LA Commission charj;;ee d'examiner les documents ct les depositions sc rapportant k la saisie, op^reo par des croiseurs Ilusses, de hatiments Canadians qui pechaient I'otarie dans nos eaux territoriales, a soumis ii une enquetc d^taillee les plaintes formulees |)ar les wiiiipages de ccs biltiuients au sujet de nuiuvais traitcments (ju'ils auraient subis ii leur dcscente h Petropavlovsk. Ces plaintes consignees dans la note de I'Ambassadeur liritan- nique du 17 (29) Novcmbre, 18!i2, et dans les de'elarations y anne.xe'es, etaient accom- pagnees d'une reclamation contre les conditions tr^s onereuses (jui auraient e'te eonclues, en vne du rapatriement des (5quipagcs en question, entre le commandant du "Zabiaka" frt le capitaine du bateau Americain "Majestic.'' La Commission eut e'galement i\ so prononcer sur cette reclamation, apriis avoir dilment pris connaissance des circon5tances qui s'y rapportaient. 11 appert tout d'abord, tant des depositions verbales du Capitaine de Livron (juc des documents tigurant au dossier dc I'aff'aire, que les mesures prises par le Commandant du croiseur "Zabiaka" a I'e'gard des e'uiuipages des schooners arretos n'etaieut nullement en ciaitradiction avec le principc mis en avant dans la note prt'cit6e de Sir R. Morier. D'apr(}s r.Ambassadenr de Sa Majeste Britannique, les honimcs des schooners auraient das etre mis en liberte en m6me temps que les bAtiments etaient captures. C'est ce que fit, en efl'et, le Capitaine de Livron. Ayaiit opere la prise sans rencontrer de ri.'sistunce et en ayant dress6 Protocole, il s'empressa de d(5clarer libres leurs capitaines ct leurs Equipages. Aussit6t apres, conformement i\ ses instructions, il les transporta dans le port Russc le plus proche. Le j)etit bourg de Pe'tropavlovsk comptant cii tout 300 habitants, n'offrait pas de constructions particulifires assez grandes pour qu'ils pusscnt s'y loger. Ea con.s^quence, il fut propose u ces hommes qui, encore one fois, n'etaient nullement en etat d'arrestation et jouissaient de toute leur liberte, d'occuper le seul batiment de I'fitat qui se trouvail disponible. Malheureusement il n'elait pas suffisamment spacieux. Le Com- mandant du" Zabiaka" n'en apporta que plus dc soins i\ hiiter autant que possible Ic rapatiieinent des equipages des schooners. II s'adressa a eet effet au capitaine du bateau :<■ I ¥ Tpr m I ■■ r olliciers i^t Iu8 iiiiiiinH du (|iii coiiccmc los ('(fcfs dcs 6 Anu'rifiiiii " MiijcHtic" d nlilisii l(! schooner " llosio Olseii," dt'icliiri! U'-tfiileiiuuil do |iiisc ct dont. Ic noiii aviiit viv cIiiiiiki' •'!! coliii dc " IVizo." IjCs ('•<|iii|mi;<'s dcs scliooiicrH liirciit dislrilmi's dc In (in;oti Kiiivaiitr; lo "Mnjoslic" rc(;ut viiitit-lroiH liommcs du " VVillio Miiciiow.iii," viii!j;(,-(|iiiilre dc " I'Aric'l," (■( viiif,'(-(lt'ii.\ d(! Ill " Hiisii: Olscii." !,(• " I'ri/.c" cii H(;iil six dcs cliidoiiiiiH dc " rAiiiiic Mooic," iicurdii "ScywanI," ct viii^'t-dciix Ii\ nil •lapoii. Diiiiint Iciir scjonr i\ liord cl. dC^H Ic |M'cniitlo pour (piaiaiite- ciiKj jours, eaioulee d'apiiis Ics indications inCincs dcs eapitaincs dcs schooners capluies ( I sur la hase dcs iJiiglcineiits de la liottc de coininerce Aui(''rieaiiie; (Ii) uu nouihiH! de clialoiipcs (huit grandes ct deux jietitcs) indispeiisahii' pour (piutre vinirt-Hcpt lionuncs en cas d'avario ; {[\) deux (ourncaux siipph'incnt aires pour cuirt; la nourrilurc ; (t) do la vaissollu en (piantili; suflisanto ainsi (prniK- ciiaudic'ro de cuivrc louriiics par I(! croiseur. Lc cai)it;iiii(' du " Majestio " s'ohlit^ca h ra|)atrier les e(piipagos nioycnnant lo droit de s'approprier cnsiiite, CII !j;uiso dc rcjinuucration, tons les ohjets «pii vicnncnt d'(*!lro cijuiikjii's. Les e(piipa^(;s (hs schooners I'ureiil lones dans la eale au-dessus du lest. On coiivrit li; fond avcc dcs hranehcs s(\;lics rclieos eutre elles a I'ludc dc cor(l«},a's (it sur les(|uellcs lis lioinincs de ces e(|uipa^'es pureiit c'tendrc Ics niateliis (|ui huir (urcnt distrihuc'w. Ciuieiui rcgut Ic liicri. Lc UKJeoiitetiteinent des capitaiues dcs schooners doit (Hru attrihuc, d'apr^s Ics deposi- tions du ('uniinandaht du " Zahiakii," A I'linpossihilitiJ ou s'esl troiivc Ic capitaine da "Majestic," (jui (5tait ae(;(Hnpaj;ne de sa (illc adultc, do Ics loj^er duns sa cabii.c. II In', oblige dc faire disposer pour eux di s couchettes dans Ics caliincs .servant aux provisions. La Coininission a condu dc ec (pii j)ri^ciidc (pK;, si Ic capitaino du " Majestic " reclame 10 dollars par hoinnic pour Irais de transport, cclte rcclanmtioii no suurait Ctrc adinisc, dtant contrairc aux conditions dc raceord cuiiclu et sigiic |)ar lui. En CO ipii concernc la patrouillc envoyi'c ;\ tcrre par le Oapitainc de Livroii, eistto inesurc Cut prise sur la deniando du ('hof d'AiTondissenient dc IVitropavlovsk. La police locale so Imuvail, on iHct, iiisuliisantc pour lopriinei les dcsordies aux(iucllcs les houniies des schooners se livrereiit dans les rues du liourg. La coiiduite dc ces inatclnts fut dcs plus indiscipliiKlics. Plusicurs I'ois lo ('oiiiinnndanl du "Ztihiaka" s'adressa aux caiiitaines dcs Uf\tiincnts saiuis, en les priant de r(itablir Tordre, I main ccux-ci «IA!lur^r»!iit ()U(! Ich ('(|iii|)iif,'OH iic lc;iir obrinHiiieiil p.w. liCK m]titainpR du " VVillic! Mr(!()\v;iii " ft, do l.i " IIohIo 01s(mi " (Mix-riiGiiicH so |Mes(!iili'ivnt, en " MaicHtic." The (! in the months of ,hdy ami August that the oflicers and men of the " Zabiaka " shpt on deck by pr»;ference. With respect to the e(fec;i.s i)eloni;in);; to tho crews, which were said to have been taken away, or not to have b(;en all I'cstored to tluuii, the (Jommissioii salislied itself that all the stores, elothinu;, stockings, boots, &<;., whicli were on hoard the "iVIarie" and the "Kosie Olsen" at the time of their capture were handed to the captains of those ships by M. (jrebnitsky. Their demand to be com- pcMsated lor the valui' of these goods is therefore groinidless. .\s to \\\v. ctlur sidiooners, tie ('aptaia of the "Zabiaka," when proiu'cding to seize (hem, left to the crews all the eli'ects carried upon tlu ir persons and l)elon^ing to them, lie considered it his duty, on the other hand, to conflHculc and hand over to liu' authorities at I'etropavlovsk, from whom he took a full receipt, t.verylhiii;; which was the pro|)urty nl the siiip-owners, including the stores wliicli were nieitnt to be sold to the crews. The only men who had 8 no eliange of clotlies were those who were in the boats of the "Say ward." On the arrival of the schooner "Ariel" at Petropavlovsk, iier captain regained possession of all that belonged to him excepting a sum of 100 dolUars. As soon as he had made a statt'ment of his loss to Captain de Livron, he leceived authority to go on board the schooner, accompanied by an officer, to look for the money, whicli was found behind tlie drawer of a chest. The captain in cjucstion then asked to have back the ship's chronometer, which was certainly refused to him. The repatriation of the crews who were sent in the "Majestic" took place in pursuance of an agreement in due form concluded with the captain of that ship. I'hc latter received from Captain de Livron : (I) full rations for forty-five days, calculated according to the actual statements of the captains of the captured schooners, and based upon the Regulations of the American mercantile marine; (2) u number of boats (eight large and two small), indispensable for the Siifety of eighty-seven men in case of shipwreck ; (3) two extra ovens for cooking the food ; (4) a sufficient quantity of crockery, as well as a copper boiler supplied l)y the cruizer. The captain of the " Majestic " bound himself to repatriate the crews on the understanding that he should afterwards appropriate, by way of remuneration, all the articles which have just been enumerated. The crews of the schooners were lodged in the hold above the ballast. Tlio floor was covered with dried branches, fastened together by means of ropes, and on these the men were able to lay down the mattresses which were distributed to them. One was given to each. The discontent of the captains of the schooners must be attributed, according to the depositions of the Captain of the Zabiaka, to the fact that the captain of the " Majestic " who was accompanied by his grown up daughter, found it impossible to put them up in his cabin, lie was obliged to arrange berths for them in the cabins used for the stores. The Commission concluded from the above evidence that the claitn of the captain of tlic " Majestic " of 10 dollars a-iiead for passage money could not be admitted, being contrary to the terms ot the agreement concluded and signed by him. With regard to the patrol sent ashore by Cai)tain dc Livron, this step was taken at the request of the district Governor of Petropavlovsk. The local jjolice were no doubt insufficient to repress the disturbances committed by the men of the schooner in the streets of the town. The conduct of these seainen was most disorderly. Several times the captain of the " Zabiana " appealed to the captains of the vessels seized, begging them to restore order, but they (ieciared that the crews would not obey them. The captains of the " Willie McGowan " and the "Rosie Olsen " themselves came in a state of intoxication to see Captain de Livron, and used such abusive language to iiim that the sailors of tlip cruizer had to turn them out of the captain's cabii\. [nclosure 3. Second Report of Special Commission. I /EX AMEN de.s circonstanccs (jui avaieiit accompagne I'arrestation et la capture, operce dans la Mer de Behring, par des croiscurs Russes, de schooners et de chaloupes dc i)eche Canadienncs, ;i etc confie a une Commission Speciale instituee par D^cret Impe'rial. Cette Commission reyut communication des documents suivants, qui lui servirent de base pour elucider I'aifaire en question : — Journanx de bord, notes et cartes trouv^es sur les batiments captures ; Protocoles de saisie ; Rapport concernant la course du croiseur " Zabiaka," ninsi que celui qui fut dresee par le Commandant de I'escadre du Pacifiquc ; Affidavits communicpi^s par le Gouvcrnement Britannique et contenant les depositions des capitaines des batiments captures et dc leurs ^cjuipagcs. En memc temps, la Commission citait devant ellc, pour entendre leurs depositions verbales, le Capitainc de Livron, ex-Commandant du "Zabiaka," et le Conseiller de College Grebnitsky, Chef d'Arrondissement des lies Kommandorsky. L'lnstruction ^tablit avec la pins grandc certitude ce (|ui suit: 1. Le schooner " Marie " a ete arr^t^ le 9 (21) Aoftt, 1892, par le Chef d'Arrondisse- ment des lies Kommandorsky, M. Grebnitsky montant le vapeur "' Kotik." L'arrestation a eu lieu sous le 54° M6' de latitude sejjtentrionale et sous le 168° 24' de longitude orientale, ^ 7 milles de I'lle de Cuivre. Deux chaloupes appartenant h ce b&timent 9 avaient 6t4 aper9ues et arr^tees a 1,1; niille do la c6te. On trouva a leur bord dix-sept otaries dont dix pas encore ^corchecs. Sans s'attaider h poursuivre les autres chaloupes, qui chassaient un peu plus a i'ecart, M. C5rebnitslc m M ■■■■' \^ !' ^l^-)- ' 'l'* vriiX' v' ' . '*'■ ; I' '.. ■.•!#.:•■■• r ':;> : I' u show tlieir inaccuracy, it is sufficient to make a calculation based upon tlie cruizer's rate of speed iirid on the extent of liorizon visible at the moment when tlie sciiooner was sighted for tlie first time by the " Vitiaz." The " Carmolite's " loK-book had not been posted for two days. Two protocols of seizure were drawn up, one in Russian, the other in English. In consetjuence of this evidence the Commission recognized that the seizure of the '• C'nrmolite " was altogether in conformity with the principles of international law. 4. The schooner "Vancouver Belle" was captured by the cruizer " Zabiaka" on the aistJuly, 1892, in M" 17' north latitude and 168° 12' east" longitude, 17 miles from Copper Island. The Commander of the " Zabiaka " having been informed by coastguardsmen that this schooner was sealing on the coast, proceeded towards her. On the way, however, he found three boats belonging to the schooner " Sayward," scaling less than 3 miles from the coast. It look about two hours to seize and take in tow these boats, and the " Vancouver Belle " took advantage of this delay to make for the open sea. When this schooner was seized it was found that no entries had been made in her log-book during the preceding twenty-four hours, but the entries found showed that she had on two occasions been engaged in sealing close to the shore in the straits between the islands. The necessary equipment for sealing on the coast was found on board the vessel. Of the 694 skins seized, 88 per cent, were those of females with younL% It appeared from Captain Kopp's own statements (affidavits, p. 14) that it was 2 o'clock when he caught sight of the cruizer. As it was 4 o'clock when the " Zabiaka " came up with the schooner, the latter could not have proceeded further than 14 miles seawards. In view of all that has been stated above it was decided that the seizure of the "Vancouver Belle" was perfectly regular. 5. The boat belonging to the schooner " Marvin," and the three boats belonging to the schooner " Sayward," mentioned in the British Ambassador's note of the 4th December, 1892, which inclosed the written protests of the masters of those vessels, were seized under the following circumstances. The first-mentioned boat was seized by the inhabitants of Copper Island at the rookery itself, as the crew were beginning to slaughter the seals. The three others were seized by the cruizer "Zabiaka." The inhabitants of the island had informed the cruizer that several foreign boats had landed at the rookery, and, after killing a certain number of seals, had put to sea again. The cruizer proceeded in the direction indicated, and, on the 21st July, at a point 9 miles from the south-eastern extremity of Copper Island, came upon three boats which took to flight with all sail set ; id rowing as fast as they could. Finding that their efforts were useless, the crew stopped rowing and began to throw overboard the seals they had killed, i lit before they were able to complete this operation, the cruizer seized the three boats, on board of which eight seals were found. The fact that the animals' heads were battered in showed that they had been killed with clubs in the rookery, and not shot at sea. Tlie crew of the boats belonging to the schooner " Sayward " were taken to Petropavlovsk on board the " Zabiaka," and the men belonging to the whale-boat sent from the " Marvin," who had been seized by the people of the village of Glinka, were taken by them to the village, which is situated on the opposite shore of the island. They were taken thence to Petropavlovsk by the steamer " Kotik." i'urther, the inhabitants of the village of Pr^obrajenskoe, which is also on Copjjer Island, handed over to the cruizer "Zabiaka" six sailors whom they had seized at the rookery. These men stated that they had come to hunt in two boats belonging to the English schooner " Annie Moore." The schooner herself was not seen. These facts show that there is no foundation for the hypothesis, contained in the British Ambassador's note, that "presumably the distance which divided the 'Sayward' fiom her boats was not great." As a matter of fact it was impossible to see the schooner from the spot where the boats were seized, even with a. glass. The fact is that, according to the depositions of the masters of the " Marvin " and " Sayward," those schooners were 20 miles from Copper Island at the time when their boats were plundering the rookeries on the Russian shore. 6. The English schooner "Tupper"was seized by the cruizer "Zabiaka" on the 29th July (10th August), 47 miles from Behring Island, on suspicion of being one of the vessels the boats of which had been seized in Russian territorial waters. As, however, the suspicion was not confirmed by positive proofs, although 274 seal-skins were found on board the schooner, the cruizer "Zabiaka' coniined herself to warning the vessel not to engage in sealing in the Russian waters round the Commander Islands. This warning was entered in the log-book of the "Tupper," as appears from the deposition of the master of that schooner inclosed in the British Ambassador's note of the 9th December, 1892. As for the assertion of the master of the "Tupper" that the Commander of the Copper at the ig to the 15 "Znbiaka" made use of threats towards him, and forbade liim to hunt seals in the open sen, it is not supported by proofs. On the contrary, the sonl-skins found on board the schooner were not seized, and tlie master's statctiient that the seizure resulted in loss to him is without foundation. 7. The schooner "Hall" was found on the 5th August, 1892, in o4" 33' north latiliide, and 1(56° 10' east longitude, engaged in sealing at sea, 17 miles from Bohring Island. Although 325 skins were found on board, there was no direct proof that the schooner had been sealing in Russian territorial waters. The Commander of the "Zahiaka" therefore confined himself to warning the ship to continue to abstain from scaling on tlie Russian shore. 8. The schooner " Willie McGowan " was sighted by the cruizer " Zabiaka" on the 6th June, 1892, 15 miles from Copper Island. The schooner was under easy sail, but as soon as she caught sight of the cruizer, she made for the open sea under full canvas. The cruizer came up with her in 54° 21' north latitude and 107° 43' east longitude, 21 miles from the coast. It was only after the cruizer had fired two shots that the schooner was brought to. A search brought to light equipment for sealing on the coast, and seventy-six skins, of which sixty-nine were those of females. No entries had been made in the log-book for twenty-four hours. On the whole, tlie log-book contains very meagre data in regard to the vessel's course. All the entries are vague, e.(j., " Jogging around sealing-grounds," or simply " Jogging." According to one entry the sciiooncr was in fight of Copper Island on the 1st (13lh) July, and the weather was hazy. On the Urd (15th) she sighted the " Zabiaka." The weather was again iiazy, and there was a slight fog. On that day the cruizer " Zabiaka " was close to the shore, just off' the rookery, as appears from her log-book. Traces of dots and calculations made in pencil on the chart and partly rubbed out show tnut the schooner took her bearings by the compass when she was one and a-half hours' distance from the rookery. One is justified in concluding from all these data that the seals found on board the schooner had been killed in Russian territorial waters. Nevertheless, the Commission did not feel justified in declaring that the seizure of the schooner " Willie McGowan " was altogether regular. 9. The schooner " Ariel " was seized by the cruizer " Zabiaka " on the IGth July, at 3'30 A.M., in 54° 31' north latitude and 167° lO' east longitude. At the time of the seizure she was making away from the coast under easy sail, and was 21 miles from Copper Island. On board of her were found equipment for sealing on the coast and 139 skins, 90 per cent, of which were those of suckling females. No entries had been made in the log-book for two days. The book contains two different entries on the same date. The first states that the schooner was in sight of Copper Island ; this implies, in view of tiie fog which prevailed on that day, that the vessel was then in our territorial waters. Tiietraces of dots and of calculations made in pencil on the chart and half rubbed out show that the bearings of the ship were taken by the compass when she was (|uite close to the shore. Without denying the importance of these indications, which show that the schooner "Ariel" had been in Russian territorial waters, the majority of the Commission do not consider that her seizure can be justified from a legal point of view on account of the absence of a condition which is essential and generally admitted, that is to say, the "Ariel's " boats had not been seen sealing in our waters. i.i.. rr' on the ne of tiie however, found on el not to 5 warning n of tl'.e ecomber, er of the ivM m ^1 .a--^ ^ 5r ::. 3 C- SP 5- o ? ^ «-» (/I 3 ^ ? I" t* K rr. -I o S- O - -^ => 3 r a 2. a Q .t* -. •^ 2. ? C O SB tr: CONSTIT WAS BRIi [C.-7107.] Ba UNITED STATES. No. 10 (1893). BEHRING SEA ARBITRATION. AWARD OF THE TRIBUNAL OF ARBITRATION, CONSTITUTED UNDER ARTICLE I OF THE TREATY CONCLUDED AT WASHINGTON ON THE 29th FEBRUARY, 1892. BETWEEN HER BRITANNIC MAJESTY AND THE UNITED STATES OF AMERICA. Presented to both Houses of Parliament by Command of Her Majesty. August 1893. m * M.i \ .' X !u LONDON: PRINTED FOR HER MAJESTY'S STATIONERY OFFICE BY HARRISON AND SONS, ST. MARTIN'S LANZ, FKINTiai IN ORDINARY TO HIR HAJKSTY. ^ Aod to be purcbaied, either directlj or through an^ Bookseller, from EYRE AND 8FOTTISWOODE, East Hardino Street, Fleet Street, B.C., and 32, Abingdon Street, Westminster, S.W. ; oa JOHN MENZIES & Co., 13, Hanover Street, Eoinbvroh, iU(D 90, West Nile Street, Glasgow ; or HODGES, FIGGIS & Co., Limited, 104, ORArroN Street, Duuim. [C— 7107.] Price 2d. 1% lA'M m k- % '' ■ BEHRING SEA ARBITRATION. Award of the Tribunal of Arbitration, constituted under Article 1 of the Treaty concluded at Washington on the 29th February, 1892, between Her Britannic Majesty and the United States of America. m Mr. Tapper to the Earl of Roseberi/, — {Received August 16.) My Lord, Paris, August 5, 1893. I UAVE the honour to transmit to your Lordship the decision of the Behring Sea Trihunnl of Arljitrators, whieh lias been delivered to me this day in accordance with Article XI of the Treaty of the 29th February, 1892. I have, &c. (Signed) CHARLES IL TUPPER. • Inclosurc 1. Sentence du Tribunal d^ Arbitrage constitue' en vertu du Traits coiiclu a Washington, k 29 Fe'vrier, 1892, entre les ntats-Unis d'Ame'rique et Sa Majeste' la Heine du Royaume- Uni de Grande-Iiretagne et d'Irlande. ATTENDU que, par un Traitd entre Ics Etats-Unis d'Amerique et la Grande- Brctagne, signe i\ Washington le 29 Eevrier, 1S92, et dont les ratifications par les Gouvemements des deux pays ont ete cchaugi^'cs a Londros le 7 Mai, 1892, il a otu, entre autrcs stipulations, convonu et rogle que les diffcrends qui avaicnt surgi entvc lo Gouvernement des ^Itat-Unis d'Am^riquo et le Gouvernement dc Sa Slajeste Eritannique, au sujct des droits do juridiction des fitats-Unis dans les caux dc la ^Ler de Behring, et aussi relativcment a la presoi-vation des phoqucs a fourrurc habitant oii frequentant ladite mer ct aux droits des ciloycns et des sujets des deux pays en co qui conceme la capture des phoques a fourrure so trouvant dans les dites eaux ou les fivquentant, seraient souniis a un Tribunal d' Arbitrage compose dc sept Arbitres, qui seraient nommds de la manii'i'e suivante, savoir : deux Arbitres seraient designes par le President des l5tats-Unis; deux Arbiti-cs seraient dosigues par Sa Majcst6 Britanniquc ; son Excellence le President de la Republiquc l''ran9aise serait pri6, d'un commuu accord, par les Hautes Parties Contractantes de designer un Arbitro ; Sa Majosto le Roi d'ltalio serait prie de la meme manic'^re de designer un Ai'bitre ; Sa Majeste Ic lloi de Su6de et de Norvege serait prie de la meme manii^re do designer un Arbitrc ; les sept Arbitres ainsi nommds devant etre des jurisconsultes d'lme reputation distinguur dans leurs pays respectifs, et les Puissances auxquelles Icur designation serait remise devant 6trc prides de choisii*, autant que possible, des jurisconsultes sachant la langue Anglaisc ; Et attendu qu'il a etc pareillement con-venu, par 1' Article II du dit Traito, que les Arbitres se reuniraient a Paris dans les vingt jours qui suivraient la remise des Contre-Mdmoires mcntionnes a I'Article IV, qu'ils cxamineraient et ddcideraient avcc impartialite et soin les questions qui lour etaient ou qui leur seraient soumises dans les conditions prevucs par ledit Traitd, de la part des Gouvemements des Pjtats-Unis et dc Sa Majeste Britanniquc respcctivement, et que toutcs les (luestions examindes par le Tribunal, y compris la sentence finalcj seraient decidccs par les Arbitres a la majoritu absolue des voix ; Et attendu que, par I'Article VI du dit Traite, il a dte pareillement convonu ce qui suit : — " En vac de la decision des questions soumises aux Arbitres, il est entendu que les cincj points suivants leiu' scront soumis, afin quo leur sentence comprcnnc uuc decision distincte sur chacun desdits cinq points, savoir : — " 1. Qu(>lIo jiiridii'tioii exclusive dans la mor aiijourd'hui ronniio sous Ic nom do Alcr d(! Jk'liriiif!; ft quels droits exelusil's sur les pAidu'iics de nlioquus dans cntto mor la llussio u-t-cUc nflirmes ct exorctJs avant et jusqu'ii I'epoquc do la (icssion do I'Alaska aux fitttts-Unls. "2. ■T'isqii'i\ (juel point la revcndicratioii ^l^^ ces droits do juridiction en co qui coucernu les peelierics de i)hoques a-t-ello cte reconnU(! ct eonctkleo par la Granuo- Uretagno? "U. L'espaco dc nvr nujourd'liui connu sous lo nom de Mor do Bchring tUait-il conipris dans I'exprcssioii 'Ocean I'aeifhiue,' telle ([u'eile a (H/^ employdo dans lo texto (lu 'I'raite eonclu en 1S25 entre la (Jrande-Hrct;\y;ue et la Russie, et quels droits, si droits il y avait, lu llussio a-t-elle posscdes et cxelusiveinent cxorces dans la iFor do Bullring, apr6s ledit Traite ? " i. Tons les droits de la llussio, en ee qui eoneenie la jiu-idietion et en co qui conceruo les poeheries de jdioques, dans la partie de la Mer de Meliring qui s'etend h Test de la liiuite maritime determiuee par le 'i'raite dii 'W M;irs, ^H(\^, eutro les Ktats- Unis et la llussio, ne sout-ils pas integralemeiit passes aux l5tats-Uuls on vortu de cc m^nie Trait<5 r "5. L(!s JllatsUnis ont-ils (juelque droit, el, en cas d'afTirinativo, quel droit ont- ils, soit u la protoelion, soit a la j)ropriete des i)lio([ues a i'ourrurc (lui frequentcnt les lies apparteiuint aux I'ltats-Unis dans la ^[er de lii-hriiig, (juand ces pboques so trouvent en dehors de la limite ordinaire de ,') niilles r " Et attendu que^ par I'Artiele VII dudit Traitt;, il a ete pareillomcnt convcnu co qui suit : — " Si la decision des questions qui precedent, en co qui concorno la juridiction exclusive des l^]tats-Unis, laisso les clioses en tel etat quo le con(!Ours de la Orandc- Brctagne soit ndcessaire pour I'etahlissemcnt de ll(^glem(;nts en vue de la protection ot do la [jreservalion conveuables des plioques u I'ourrure habitant ou fr(5quentant la Mor do Belu'iug, les Arbittes auront a determiner tpiels lleglomonts eonimuns sont ndccs- saircs, en dehors des liniites dc la juridiction des Gouverneuients rospeetifs, ct sur quelles caux ces Ri-glcments devraicnt s'appliqiier " Les llaiites Parties Contractantes s'cngagent en outre h ''nir leurs cfl'Drts pour ol)tcuir I'adliesiou d'autres Puissances a ces Il(>gloments ;" Et attendu que, par I'Artiele VIII dudit Traite, aprc^s avoir expose quo les Hautes Parties Contractantes n'avaient pu s'cutendro sur une formule qui comprit la question (les responsalnlit(' a la charge d'une d'elles, il raisou des prejudices allcguds avoir 6t& causes a I'autre, ou aux citoyens de I'autrc, h I'occasion des reclamations prdscntt^es et soutcuues par ladite partie, et qu'elles " ddsiraient.quc cetto question secoudaire ne suspcndit ou ne retardat i)as plus longtemps la production et la decision des questions principales," les Hautes Parties Contractantes sont convenues que " chacuno d'elles pourrait soumcttre aux Arbitres toute question de fait impliqude dans lesdites recla- mations ct demander une decision ti cet egard, aprt's quoi la question dc la responsabUitd dc ebacun des deux Gouvernemcnts a raison des laits etablis serait mati(>rc Ji n6go» ciatious ult^rieures ;" Et attendu que le President des fitats-Unis d'Am(5rique a d(5sign6 rHonorable John M. Harlan, Juge dc la Cour Supreme des Etats-Unis, et I'Honorable John T. Morgan, S^uateur des Etats-Uuis, pour etre tlcux desdits Arbitres ; que Sa Majesty Britannique a ddsigne le Tr6s Honorable Lord Hannen et I'Honorable Sir John Thompson, Ministre de la Justice et Attorney-General pour le Canada, pour 6tre deux desdits Arbitres ; que son Excellence le President de la Ropublique Fran9aise a d^sign^ Ic Baron Alpliouse dc Courcel, Senatcur, Ambassadeur dc Prance, pour fitre un desdits Arbitres ; que Sa Majesto le Roi d'ltalic a desiguo le Marquis Emilio Visconti Venosta, ancieu Ministre des Affaires Et Mngf-res et Senatcur du Royaiime d'ltalie, pour ^tre un desdits Arbitres ; et que Sa Majesty le Roi de Su6de et do Norv^ge a ddsignd M. Gregers Gram, Ministre d'Etat, pour etro un desdits Arbitres ; Et attendu que nous susnomm^s, Arbitres designes et investis de la mani^re qui vient d'etre relat^e, ayant accepts de prendre la charge de cet Arbitrage, et nous ^tant dftment riSunis h Paris, avons proc6d6 avec impartialite et soin h I'examen et k la decision de toutes les questions qui ont etd soumises a nous, Arbitres susnomm^s, en vertu dudit Traits, ou 5, nous pr^sent^^s, au nom des Gouvernemcnts des Etats-Unis et de Sa Majesty Britannique respectivv xent, de la mani^re pr6vue par ledit Traits ; Nous Arbitres susnomm^s, ayan* examind avec impartiality et soin lesdites questions, decidons et pronon9ons de meme, sur lesdites questions, par notre presente seutence, de la manifere qui suit, k savoir : — £n ce qui couceme les cinq points meutiounds rT?..s I'Artiele VI et sur chacun [820] B 2 '>m dcsqucls nolro juii^omout doit comprciidrc xin(> decision distluctc, nous dw'idons it, pronon^ons cc (|ui suit : — Sur li; premier dcs ciiuj ])(>in)s susdits, nous, Arhitrcs susnommi's, lo Unroii dc Courcol, lo Juf^c Harlan, Lord Ifnnncn, Sir -Folin Thompson, lo Marquis Visconti Vcnosdi, ct M. (Jrcij^ors Gram, consiifuant la majority d(!s Arbitrcs, dufidons ft, prouon(;ons nio point d'apres la([ucllo nous avoiis :\ doeidor quids droits, si droits il y avait, la llussic a i)ossedos ct oxelusivcment oxercos a])r(\s ledit Traito do 182"), nous, Arbitrcs susnoinnios, io liaron dc Coun.'cl, le .luge Harlan, Lord llannan, Sir J(din Thom])son, le Marq\iis Viscouti Veinwta, ct M. (Ire^'ors (IrnTii, coustituant, la majoritc dcs Arbitrcs, deeidons et jjrononyons quo la I'ussie n'a jtosseilo ni exorce, apres lo Traito do 1825, aucun droit cxdusif d(! juridiction dans l;i Mcr do ]$ehring ni aucun droit cxdusil'sur les pecberies di; phoqucs dans cette mer, au deli'i do la liniit(! ordinaire! dcs eaux torritoriahss. Sur lo quatrienu' des cinq ])oiuts susdits, nous, Arbitrcs susnonunes, deeidons et prononcons a run;uiimitc ((uo tons l(!S droits dc In Russic, en cc (|ui conccriie l;i juridiction et en e;- (jui coiuiernc Ics pecberies dc phoiiucs, dans la jjartie dc l;i Alcr dc JJchring qui s'ctond a Tost do la liinile maritime detcrminoo par Ic Traite du :50 ^lars, 1807, cntrc les Mlats-lJnis ot la llussic, sunt intcyralcment jjasscs aux Totals- IJnis I'li vcrtu do CO menu! Traito. Sur lo cinquit'^nu! dos cinq j)oints susdits, nous, Arbitrcs susnommes, le l?aron ilc Courcol, Lord llanncn, Sir.lohn Thom])son, Ic Mar([uis Viscouti Vonosta, et M. Grei,'ii's Gram, constituant la niajoi'ito dcs Arbitrcs, dc'icidons ct pronom;ons quo les Ktats-Unis n'ont aucun droit dc ])rotcction ou do proprioti'; sur les pbocpics v- rouri'ure (|ui froipumtont los ilcs appartcnant aux Ktats-llnis dans la .Mcr do Bidu'in;,', qiiand ccs phoqucs so trouvcnt on dehors do la liniiti; (n-dinaire di; !i millcs. Et attondu (juo los ddeisicnis ci-dcssus rclatees, sur les qu"stioiis coiiccruant la juridiction exclusive dcs trials- Unis inentionnees dans I'Artiido VI, laisscnt les cdioscw on «;tat tcl quo lo concours do la Grande-JJrctaijjnc est iiecossaire jjour rctablisscnieiil do ll('>glom(!nts en vuo do la ])rotection (d, do. la presia-vatioii convcnabh.-s d(>s plKxpus a I'ourrure babit^uit ou i'requcntant la Mcr do liobring, h; Tribunal ayant decide u la majorito absolue des voix sur chacun des Articles dcs ili-glemcnts qui suivcnt, ii'iiis Arbitn's susnonunes, lo IJaron do Courcol, Lord llanneii, h; Marquis Viscouti Voiosia, ct M. (Jrcgers Gram, donnant notro asseutinient a renscmbl(! dcs Articles des I'c^li'. mcnts qui suivcnt, ct constituant la majorito absolue des Arbitrcs, deeidons et pronon<;ons, d'apres lo mode prescrit par lo IVaite, ipio les ll("^glcments (•Oiuiiiuns qui suivcnt, applical)lcs en dehors des limitcs di; la juridictiim dcs(ionvcrnomonts respectil's, sent n(5cessaircs, ot ([u'ils doivent s'cfcndrc sur Ics eaux td-apres defcrmuM'cs : — Artich; 1. Les (iouverncmcntsdes I'ltats-lJnis ot do laGr;uidc-15retagn(! interdinait a Icurs eitoyens cl siijefs respectifs dc; tucr, prcndi'c ou poursiuvrc, en tout !i'in[)s et do quelque juaui^ro que co soit, les animaux communenicnl appelcs p'noqui's a fonrriirc, dans iino zono do 00 mil'.cs aiifoiir dcs Tics I'riljylofT, on y coinpronant los caiix tciTitorialos. liCs millcH iiKMitinnnrH dansl('paraL]frn])li(! pn'-cAlcnt, sont dos millos f,'(!ni;raplii(m('s (Ic ()0 ail i\(\ister ))ar des ])iro!:fnes on fiutres einbareationa rion ponfees, mnes ])nr des pri!:,'.'iies, (|(s raines on des voiles, dn n'lvire d(? eelles (|ni son,'. I'oininiini'iniMit employc'es oonnno Jjati'Miix de peolio. Arti(do 4. 'Pont naviro n voiles antfn-ise a so livrer a la prciln; des plinqnes a, I'onrnire devra eire mnni d'niHi lieenee s])eeial(! delivree h eot elfet pnr son (ionverno- iiient et devra porter nn ])nvillon distinclii" (jni sera, dotei'mine j)ar ledit Gonverne- nient. Arlielof). Los patrons des navires eni,^'l^'es dans la pe(dio des plioqiies a fonrrnn! (levrnnt menlionner exnetenient snr lenrs livres de bord la dfi<(! et h; licai de cluupio opc'irition do pe(die des plioipies a I'ourrnre, ;iinsi (pie io nondire et 1(! se\o des ])lio(pies c.'iptnres eliacpie jonr. ('es nienlions devroiil etn; eoinn)nni(pi(5(!s par elwu-nn (los deux Gonvernomenis a I'anfro a la tin de (duupit! saison de p('''clie. Article (■». l/eniploi des (Hols, dos amies a fou ot dos evplosifs sera intia'dit dans In i)('cli(( des jduxines a I'onrrnre. ('ett(! resfrietion ne s'nppli(|nera i)as anx i'nsils dr. cliMsse, (piand (■el1(> peelu! sera ja'at i(|ii('e en dehors de In .^lei- de I'elii'in^' el peirlant la s;iison on elle ponrra ('tre l('i;C''i"i''""''d exerci'c. Article 7. liCs denx (loiivernctnents prendvont des nicsnres en vn(! de conti'olcr I'liptitndc des lioinnies antorisi'is a (!xorcer la p('''(die des pluKjues a rourrnro; c(>s lionmujs d(!vront ("'tn; reeonnns nples h niiuiiei' avcc nrie lin1)il(!tf' snfTisanto l(!s arnios an moy(ni des(pielles cefte ]i('elic ponrra t"tre I'aile. Articl(^ K. Les |{^ulei)ients contenns dnns les preeedenis Artiel(\s n(> s'nppli- (pieront pas aux Indicns Imljilant snr los cAtes du lorritoin! des Kfats-lJnis on de la (ii'nnde-Hretai^ne c( prali(piaut la peclie des pli()([Ues a Tourrure dans dcs piroj^ues ou ondiarcations non ]iont('es, iion (ransp()rt('!es pnr d'autres nnvires, in enii)loy.'cs a rnsatif(s do ccnx-ci, mni's exclnsivoniont a I'aldo do i)ai,'aies, d'avirons ou de voiles, ot iiKUKTMivives (;lia(Min(! jjar cinq personnos an plus, do la ninni(''ro ins([n'a ])r('sont usitoc pnr los Indicns; pourvu (pio (•(•nx-ci ne soicnt pas en^';ij^('s an service d'antnjs personnos, ot (lu'akrs ([u'ils clmssent ainsi dans d(!s pirogues on cmbarcations uou poiit('os, ils lie ])oiirsniv(Mit pas les pliiKpics a fonrrnre, en dcliors des oaiix terri- loi'inlos, ou vortu dViig.n^enioiits coiirneles pour la livraisou des poau.x a uik; pcr.sonnc quel(!()ii(ine. Cettc ox(;eption n'aura pas ])oiii' eiret de jiorter atteir.t.e a la h'gislafion nalionalo lie Tun on do raiitre des deux pnys ; elle ne s'etondra ])as aux oaux d(! la ALer (1(5 Helirini,', ni anx ennx dcs passes Aleoutiennos. Aiicune des dispositions qui proci^dent ii'a pour ol)jet de s'opposor a (!0 que les liidiens soiont oniployi'is, coinrne cliassoiirs ou ii tout autre titiv, ainsi (pi'ils Tout vX6 jusqu'i'i present, siir des n;iviros so livrant a la poursuito dos plioquos i'l I'Durruro. Article!). Les lie!i,lcnients coininniis ('falilis par les Articles preciidonts, on viuj de la |)rotce(ir;n et de la preservation dcs piii)([ncs a ronrrnre, deineureront en %ifj,'iiciir jiisqn'a co (pi'ils aient {Hv. r.n tout on ])arlie abolis ou modifies [,ar nn accord eutn; los ' louvornonients des Rtats-Unis et do la (irande-Jlrcta'^iK?. TiOsdits lii^i^lomonts coinniniis soront soumis tons los ciiuj ans a un nonvel I'xnuKMi, ])our cpie les deux (ionveriieinents intercsses so tronvent eii inesuro il'appn'eior, a la luniit-ro de roxpi'rionce aeqiiiso, s'il y n lien d'y apportor quolquo modirioation. Etattondii que lo fJouvorru^ment di; Sa ]\laj(!st(! Uritannique a soumis au Tribunal il'Ar1)ilrasijo, par applioalion de rAr(i(de A''T1T dndit 'IViiite, certaincs questions de fait iiiipli(pj(';cs dans les rcelninations iloni il est I'nit inenfjfm nnili* Artiide \''I1T, '>l a soumis ('f^alcmout a nous, j'onnant. Icilit 'rrii>nnal, nn expose dcs j'aits dans les tei'ines suivaiits : — ■t'. ti': y':[ l *' Conclusions dc fait propose'es par I' Agent cle la Grande- liretagne, accepte'es par I'Agenl des Etats-Unis, qui en admet V exactitude, et soumises u rexamen du Tribunal d'Arbitrage. " 1. Que les divcrscs visites et saisios de navircs ou dc marchandiscs ct les diversos arrestatioiis de patrons ct d'equipagcs, luentionnues dans FAnncxc au Moraoire Britanniquc (pages 1 si 60 inclusivement), ont 6i& faites par autorite du Gouvorncracnt des fitats- Unis ; les questions se rapportant a la valour dcsdits navircs ou dc Iciu contenu, ensemble ou S(5paremeut, ct la question do savoir si les navircs dcsignes dans I'Annexe au M(5raoiro Uritauniquc, ou certains d'entro eux, ctaient, en totalito ou en partic, la ]n'opriete dc citoycns des l5tats-Unis, ont etc^ retirees et n'ont pas ctu I'objot dc Texamen du Tribunal, sous cette reserve que les fitats-Unis gardent le droit do fioulever ces questions ou ipiclqu'une d'cntrc elles, s'ils le jugent a propos, dans toute ndgociation ultcrieuro pouvant engager la responsabilite du Gouvcrncnieut des Etats- Unis, en cc qui touclie le paycment des sonimcs mentionnees dans I'Anucxe au Mdmoire Britanniquc. " 2. Que les susdites saisies, sauf en cc qui conccrne Ic ' Pathfinder,' saisi a Neali Bay, ont cte eifcctuees dans la i[or de Bcliring, aux distances dc la cote mentionnees au Tableau ci-annexe, sous la lettre (C). " 3. Que lesdites visites ct saisies dc navircs ont ete faites par des navircs arnits pour le service public des fitats-Unis, dont les Commandants avaient re(;u, toutes les fois qu'elles ont eu lieu, du Pouvoir Exccutif du Gouveruemcnt des J'Jtats-Unis, dos instructions dont un exemplaire est rcproduit en eopie ci-apr^s. Annexe (A), les autres cxemjjlaires desdites instructions ctant eon formes a cc modelc sur les points essentiels ; que, dans toutes les occasions ou des poursuites entamces devant les Cours dc District des l5tats-Unis ont etc suivics dc condamnations, ecs poursuites ont debute par le d6p6t d'un actc d'accusalion, dont uu modelc est annexe ci-dessous, Annexe (B), les actes d'accusation deposr j dans les autres procedures etant, en tons points essentiels, semblables a ce modijlc, que les actes ou delits, allegues commc motifs dc ces visites ct saisies, ont cLc accomplis ou conimis dans la Mer dc Behring, aux distances de la c6te dej^ indiquces ; que, dans tons les eas ou une condamnation a etc prononceo, excepte ceux ou les navircs ont etc reiricbes apres condamnation, la saisie a ct6 approuv^e par le Gouvernemeut des Etats-L'nis, ct que, dans les eas od les navircs ont eur du .Service de.s 1 >ouaue.s ' Boiir,' place .sous votre coiuuiaudemeiit, vers les lies luix ])lioques, vous etes par les presentes iuvesti de tous le.s pouvoirs uecessaires pour assurer rexticution do la Loi dout les tenues .sont contemis daus la Section l'JiJ(J des Statuts I'evi.ses des Hitats-Unis, et ordre vous est donnd de saisir tout navire et d'arreter et livrcr aux autorites coinpeteutes tout individu ou '.m toutes pereonnes que vous trouvcriez ngissimt cu violation de la Loi susmentionndo, aprfes qu'ua avertissement sufBsant lewr aura (itd donne. " Vous saisircz (jjjaleiuent tons spiritueux et amies a ten que rou chercherait i\ introduire dans le pays sans une ponnissioii en ivgle, en execution ile la Section Ido'i des Statuts llevisiSs et de la rroc.laniation du Pi(5sident en date du 4 Fevrier, 1870. " Eespectueusement h vous. (SignO "C. S. FAIRCTIILD, " tSrcrdnire par interim. " Au Capitaine M. A. Tloaly, " Commandant Ir vapeur du Service des Douaues 'Bear,' " i"i San Francisco (C::lilornie). i. "Annexe (B). " Devant la Cour do District des l^tats-Unis pour le District d' Alaska. "Session (Sped"! Term) d'AoiU 1886, " (Traduction.) " A I'Honorable Lafayette Dawson, Jugc de laditn C jur de Di,strict. "Le ri'quisitoire a (in d'inforraation par Icquel JI. D. liall, Attorney des £tats-I'nis pour lo District d'Alaska, iioursuivant au noni des I'llats-Unis (!t jireseut ici di'vant la four, en sa pcrsonne, (iiiniiin Representant dca l^tats-Unis et en leiir noni, contre la goel tte 'Tliornton,' ses agres, a])paraux, cmbarcations, eargaison et materiel, et C(nitre toutes ])ersonnes intervcnant conune ayant d(!s intt'rets I'liijagt's dans ce navire, en poursuitc ;\ fin do confiscation, ])resente les allegations et declarations Miivantes: — " Que Charles A. Aliljcy, oHlcier du Service dos Douancs JIaritimes des fitats-lhiis, ciiarge d'uno mission sp&iale dans les eaux du District d'Alaska, anterieuiement au present jour, a savoir le 1" Aoftt, 188li, dans les limites ilii torritoire d'Alaska et dans ses eaux, et dans les liniilos di district civil et judiciaire cl'AIaska, ii .savoir dans I'dtenditc des eaux do cette jiartie do la Mer de Uuniing qui ii|i|iartient audit district, dans des eaux navigaliles pour des navinis venant de la liaiitc nier el Jaugeant ID tonneaux on au-dessus, a saisi lo vaisseau ou navire comniunemunt dcnonmie goijlette, le 'Tliornton,' sL's aj^res, apparaux, eniliarcations, cargai.inn et materiel, lesquels etaient la projiridte d'une ou do [iliisicurs personnes incounues dudit attorney, et les a confisques an prolit des Etats-Unis ))our les causes ci-aju'cs : " (.}\w ledit navire ou gnelette a ete trouve se livranl a la destruction des plioquos a i'ourrnre, dans It's limites du torritojre d'Alaska et de .siss eaux, en violation des dispositions de la Section 1950 des Statuts I!evis(js des foats-Unis ; " Et ledit attorney declare ([ue toutes les propositions ci-dcssus I'noncdcs et cliacunc d'elles sont et t'taient vraies, et qu'elles tonibent sous la juridiction maritime et d'amiraute de cette Cour, et que, pour cette raison, ct en execution des Statuts des Etats-Unis dtablis et edictes pour de tels cas, le navire ou la goelette nientionneo et decrito ci-dessus, jaugeant plus de 20 tonneaux, ses agri-s, apparaux, oniliarcations, eargaison et materiel ont etc et sont eontisques au profit des Ktats-lJnis, ct que ladite gnelette se irouve maintenant dans le district susdit. " Ce pourquoi ledit attorney demandc f[uo I'lionoralilo Cour do Justice precede ct ;ivise comme il'usage en cette afl'aire, ct que toutes personnes ayant un inti'ret dans ladite goelette ou navire soient uitees par voie d'assignation generale ou spcciale, afin de rcpondre aux propositions susenonce'os, et que, i la suite do la procedure a ce n(;ccssaire, ledit navire ou goelette, ses agres, apparaux, cmbarcations, eargaison et materiel soient coudannii's pour ladite cause ou tout autre (pi'il apparaitrait juste, par arri't formel et deeret de cette honorable Cour, et confisques au prolit desdits Etats-Unis, scion la forme lies Statuts desdits r^tats-Unis, ctalilis et edictes pour de tels cas. (Signe) "M. D. li.VLL, " At/iJitu'i/ ih:-< £lii(ft-Uiiin jwuf Ic di-itricf iV Alaska. ( , i.i%*" ^ *H H 1 V ' ■ '^ .-^.gE ''Ph IK t' V' i?P vk ' tT ' fn :'M 1 :;l'^^'' |i • ■*■; ii>. f ' K ■, ■ i Am ' *'h-m s 1 *■.-. " Annexe (C). " La Table ei-dcssous conticnt les noms des navires Britanniques employes k la chasao des phoques qui ont etd saisis ou avcrtis par les croiseurs du Service des Douancs des Etats-Unis, de IBSO ii 18'JO, "t la distance approximative de la tore ou ccs saisies ont eu lieu. Ces distances sont indiquees, en ce '|ui eoncerne les navires ' Carolena,' ' Thninton,' et ' Onward,' d'nprcs le tt'nioignage du Comnu.ndant Alilioy, do la Jfarine des Etats-Unis (voir Mi" Congres, 2" .Session, Senat, Documents Executifs, •N'o. 10(1, pp. 20, 30, et 40). EUcs sont indiquces, en ce "jni eoncerne les navires 'Anna I'ock,' 'W. P. Sayward,' 'Dolphin,' ct 'tJrace,' d'aprcs le tOmoignage du Capitaine Shepard, de la Marine du Tr&or des Etats-lhiis (Livre lUeu, Etat.s-T'uis, No. 2, 18'.)0, pp. 80-.S2 (voir ■ Appendice au Memoire ilritannique,' vol. iii)." ■ '■■':'. Jl .■ ?f !■■■'*' i m ■■JJ- V,.. .'.i . < Nom du Navirc. Date de la Soi -ie. Distance aiiproxiiuative ile Terre uu moment de 111 Saisie. Navire i|Ui a des Ktats-Unis fait la Haisie. Carolena 1" Aoftt, 188fi 75 mi Ile j Corwin. Thomlou 1" ,. 18?fi 70 millr'i .. .. .. .. Idem. Onward ., ,. 2 18P'J 1 1.') inilles .. .. .. .i Idem, Favourite .. .. 2 188G Averti par le " Corwin," h peu prea dans la meme position (|ue " I'Onward." Anna Beck 2 Juillet, 1887 66 inilles .. .. .. .• Rush. W. P. Sayward 9 „ 1887 59 mitli'S .. .. .« .. Idem, Dolpliiii 12 „ 1887 40 niilles .. •• •• •. Idem. Grace . . . . . . 17 ., 1887 96 milles .. .. .. .. Mem. Alfred Adams . • • « . . 10 Aoiit, 1887 62 niilles .. .. ,. Idem. Ada 25 „ 1887 IS inilles .. .. .. .. Bear. Triumph , . . . 4 .. 1887 Averti |iar le " Rush " de nc pas entrer dans la Mer de Behring. Juanita .. .. 31 Juillet, 1889 66 inilles .. ., Rush. Pathfinder 29 „ 1889 50 niilles .. .. .. .. Idem. Triumph .. ,. 11 ,. 188!) Averti par le " Ru.sh " d'avoir ?i (piittcr lii Mer de Beiiring. Position au moment de I'avertissement (?). Black D.amond 11 ., 1889 35 niille.'i .. .. .. .* Ir'om. Lily.. Aofit, 1889 66 inilles .. .. .. -. Tdem. Ariel • . . . , , 30 Juillet, 1889 Averti par le "Rush" d'avoir ii <)ui"c: i. Mer de Behring Kate.. 13 Aout, 1889 Idem. Minnie 15 Juillet, 1889 65 niilles .. •• .. .. Idem. Pathfinder 27 Jlars 1S90 Saisi dans la Bale de Neah» Corwin Et attcndu que Ic Gouvcriiement do Sa Majostt; Britanniquc a detnandd a nous, Arbitres susuommes, de decider suv lesdites questions do fait, tcUcs qu'elles rdsultcnt de Vcxpose susmentionue ; que I'Agent et Ics Conseils du Gouvcrncmcnt des Etats- Unis ont, en notre presence et s'adressant a nous, declai'e que ledit expos6 des faits 6tait confirmc par les d(''positions des tt^moins, et qu'ils s'dtaient mis d'accord a^'cp I'Agent et les Conseils de Sa IMajcste Britannique pour s'en rcmcttro a nos Arbitres de dii-e et prononccr veritable, en tant que nous le jugerions a propos, ledit expos^ des faits. Nous, Arbitres susnommt-s, disous et pronon9ons a Tunanimite que lesdits faits, tels qu'ils se trouvent dans ledit exposd, sout veritablcs. Et atteudu que toutcs et cbacune des questions qui ont et6 examinees par le Tribunal ont etd deeitldcs u la majorittj absolue des »oix, Nous, le Baron de Courcel, Lord Ilannen, le Juge Ilarlan, Sir Jolm Thompson, lo Senatcur Morgan, le Marquis Visconti Venosta, et ]M. Grcgers Gram, etant enteiulii que les Arbitres qui se sont trouves en miuorite sur certaines questions, ne retireiit pas leurs votes, declarons que lo present aete contient la decision finale et la sentence 6crite du Tribunal, conformement aux prescriptions du Traite. Fait en double a Paris, et signo par nous, le 15"' jour d'AoAt de I'anude 1893. (Sign^) ' ALPH. DE COURCEL. JOHN M. HARLAN. JOHN T. MORGAN. HANNEN. JNO. S. D. THOMPSON. VISCONTI VENOSTA. G. GRAM. [Englisli Version.] Award of the Tribunal of Arbitration constituted under the Treaty concluded at Washington, February 29, 1892, between the United States of America and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland. WHEREAS by a Treaty between the United States of America and Groat Britain, signed at Wa-sliington the 29tli Febiixary, 1892, the ratifications of which by the Governments of the two countries were cxcliangod at London on the 7th May, 1892, it was, amongst other things, agreed and concluded that the questions which had arisen betwetn the Government of the United States of America and the * La Dale de Neah est lituee dans I'Ktat de ^Va^hington, ct le " Pathfinder" y a elu saisi, du chef de delits commis par hii iuM la Mer de Behring I'annee prdcedente. Cc bfitinietit fut relilclie deux jours plus tard. 9 Government of Her Britannic ^Eajcsty, conc^rnino,- the jurisdictional rights of the United States in the waters of I3eliring Sea. and concerning also the preservation of the fur-seal in or habitually resorting- to the said sea, and the rights of the ci izens and subjects of either country as regards the talcing of fur-seals in or habitaally resorting to the said Avaters, should be submitted to a Tribunal of Arbitration to bo comiiosed of seven Arbitrators, who should be appointed in the following manner, that is to say : two should be nauu>d by the President of the United States; two should be named by Her Uritannie ^Majesty; bis ExecUency the President of the French Kcpnblic should be jointly requested by ti:e High Contracting Parties to name one ; His ^lajesty the King of Italy should be so requested to name one; ITis ^lajesty the King of Sweden and Xorway should be so requested to naue one; the seven Arbitrators to be so named should be jurists of di>tinguished reputation in their respeetive countries, and the selecting Powers should be requested to choose, if possible, jurists who are acquainted with the English hniguage; And whereas it was further agn>ed by Article 11 of the said Treaty that the Arbitrators should meet at Paris within twenty days after the delivery of the Counter- Cases mentioned in Article IV, and should proceed impartially and carefully to examine and decidt^ the questions which had been or should I)e laid before them as in the said Treaty provided ou the part of the Governments of the United States and of Ilcr nh'itannie ^lajesty respectively, and that all ([u.cstions considered by the Tril)unal, including the llnal decision, should be determiiu'd by a majority of all the Arbitrators ; And whereas by Article YI of the said Treaty it was further provided as follows : — " In deciding the matters submitted to the said Arbitrators, it is agreed that the following five points shall be submitted to them, in order that tlieir Award shall embrace a distinct decision upon each of said five points, to wit : " 1. What exclusive jurisdiction in the sea now known as the Behring Sea, and what exclusive rights in the seal fisheries therein, did Paissia assert and exercise prior and up to the time of the cession of Alaska to the United States ? " 2. How far were these claims of jurisdiction as to the seal fisheries recognized and conceded by Great Britain ? " 3. Was the body of water now known as the Behring Sea included in the phrase ' Pacific Ocean,' as used in the Treaty of 1825 between Great Britain and Russia ; and Avhat I'ights, if any, in the Behring Seu were held and exclusively exercised by Russia after said Treaty ? " 4. Did not all the rights of Russia as to jurisdiction and as to the seal fisheries in Behring Sea east of the water boundary, in the Treaty between the United States and Russia of the 30th IMarch, 1867, pass unimpaired to the United States under that Treaty ? " 5. Has the United States any right, and if so, what right of protection or property in the fur-seals freqiuMitiug the islands of the United States in Behring Sea when such seals are found outside the ordinary 3-mile limit ? " And wliereas bv Article VII of the said Treaty it was further agreed as follows : — "If the determination of the foregoing questions as to the exclu 've jurisdiction of the United States shall leave the subject in such position that the concurrence of Great Britain is necessary to the establishment of Regulations for the proper protection and preservation of the fur-seal in, or habitually resorting to, the Behring Sea, the Arbitrators shall then determine what concurrent Regulations, outside the juris- dictional limits of the respec'^ive Governments, are necessary, and over what waters such Regulations should extend ; " The High Contracting Parties furthermore agree to co-operate in securing the adhesion of other Powers to such Regulations." And whereas, by Article VIII of the said Treaty, after reciting that the High Contracting Parties liad found themselves unable to agree upon a reference which should include the question ef the liability of each for the injuries alleged to have been sustained by the other, or by its citizens in connection with the claims presented and urged by it, and that " they were solicitous that this subordinate question should not interrupt or longer delay the submission and determination of the main questions," the High Contracting Parties agreed that "either of them might submit to the Arbitrators any question of fact involved in said claims and ask for a finding thereon, the question of the liability of either Government upon the facts found, to be the subject of further negotiation ;" And whereas the President of the United States of America named the [820J C J-^- . i f 'wU ■ fl*^ !'■■■ ' a »':' ,c- ■1-4P,: 1 • ■ ^' .j'.: ■' ' . J'i?!' ' ■■ : w ■ H.r-i •; tiH^' i 10 Honourable John M. Harlan, Justice of the Supreme Court of tin* (Jnitcd States, and the Honourable John T. ^lorgan, Senator of the United States, to be two of the said Arbitrators ; and Her Britannic ^lajesty named the Rii^ht Honoural)le Lord Hannoii and the Honourable Sir .lohn Thompson, Minister of Justice and Attorney-General for Canada, to be two of the said Arbitrators ; and his Excellency the President of the French Republic, named the Earon de Coureel, Senator, Ambassador of Trance, to be one of the said Arbitrators; and His Majesty the King of Italy named the Marquis Emilio Viseouti A^'iiosta, former 3Iiiiisler of Foreign Affairs and Seiiator of tliu Kingdom of Italy, to be one of the said Arbitrators; and His Majesty the King of Sweden and Norway named Mr. Gregers Gram, Minister of State, to be one of llu; said Arbitrators ; And whereas avo, the said Arbitrators, so named and appointed, having tal and determine in th(! mode provided by the Treaty, that the following ecmcurrent IteguLitions outside the jurisdictional limits of the respective Governnu'uts are necessary, and that they should exteiul over the waters liereinafter nicutioned, that is to say : Article 1. The Governments of the United Stat(^s and of Great Uritain shall forbid their citizens and subjects rcspeetiv<}ly, lo kill, ca|)tuie, or pursue at any time and in any manner Avhatever, the animals commonly called fur-seals, within a zone of 60 miles around the Priljvhjff Islands, inclusive of the territorial Avaters. The miles mentioned in th(> preceding paragraph are geographical miles, of GO to a degr(>e of latitude. Article 2. The two Governments shall forbid their citizens and sul)jccts respec- tiA'cly to ^ ".1, capture, or pursue, in any manner Avliat(!ver, during the season oxtcndiIl^, each year, from the 1st ifay to the 31st .Inly, both iiiclusiA-e, the fur-seals on the high sea, in the ])art of tho Pacific Ocean, inclusive of the l^ehring Sea, Avhieh is situated to the north of the 85th degree of north latitude, and eastAvard of the ISOth degree ol" longitude from Greenwich till it strikes the Avater boundary described in Article \ of the Treaty of 1867 between tho United States and Russia, and following +hat line up to Behi'ing Straits. Article 8. Diu'ing the period of time and in the Avaters in Avhich tlie fur-seal fishing is alloAved, only sailing-vessels shall be permitted to carry on or take part in fur-seal iisiiing oi)erations. They Avill, hoAVCA'cr, be at liberty to aAail themselves of the use of such canoes or undecked boats, propelled by jiaddles, oars, or sails, as arc in common use as fishing boats. Article 1. Hach sailing-vessel authorized to fish for fur-seals must be provided Avitli a special licence issued for that purpose by its Government, and shall be required to carr\ a distinguishing flag to be prescribed by its Government. Article 5. The masters of the vessels engaged in fur-seal fishing shall enter accurately in their official log-book the date and place of each fur-seal fishing operation, and also the number and sex of the seals captured upon each day. These entries shall be eommmiicated by each of the tAvo Governments to tho other at the end of each fishing season. Article 6. The use of nets, fire-arms, and explosives shall be forbidden in the fur- seal fishing, This restriction shall not apply to shot guns Avhen such iishing takes place outside of Behring's Sea during the season Avhen it may be laAvfully carried on. Article 7. The two GoAernments shall take measures to control the fitness of the men authorized to engage in fur-seal fishing. These men shall haAc been proved fit to handle Avitli sufficient skill the Aveapons by means of Avhich this fishing may be carried on. Article S. The Ilegulations contained in the preceding Articles shall not apply to Indians dwelling on the coasts of the territory of the United States or of Great Britain, and carrying on fur-seal fishing in canoes or vmdecked boats not transported by or used in connection Avith otiier vessels, and propelled Avholly by paddles, oars, or sails, and manned by not more than five persons each in the Avay hitherto practised by tlie Indians, provided such Indians are not in the employment of other persons, and provided that, Arhen so hunting in canoes or undecked boats, they shall not hunt fur-seals outside of territorial Avaters under contract for the delivery of the skins to any person. This exemption shall not be construed to aifect the municipal laAv of either country, nor shall it extend to the Avaters of Behring Sea, or the waters of the Aleutian i asses. Nothing herein contained is intended to interfere Avith the employment of Indians as hunters or otherwise in connection Avith fur-sealing vessels as heretofore. Article 9. Tho concurrent Regulations hereby determined Avith a view to the protec- tion and preserAation of the fur-seals, shall remain in force until they have been, in Avhole or iu part, abolished or modified by common agreement between the Govern- ments of the United States and of Great Britain. [820] C 2 ,i,m \*li "l -.1 ... iji ■ .■■,« ptf »^' w.*' h' 12 Tho said concurrent Regulations shall l)e submitted every five years to a new examination, so as to enable l)otb interested Governments to consider whether, in tho light of past experience, there is occasion for any modilication ihereof. And whereas the Government of ITor Uritannic Majesty did submit to the Tribunal of Arbitration by Artich^ YIII of the said Treaty, certain qntistions of fact involved in the claims referred to in the said Article VllI, and u.>! also submit to us, the said Tribunal, a statement of the said facts, as follows, that is to say : — " Findings of fact proposed htj the Agent of Great Britain and agreed to as proved hi/ the Agent for the United States, and submitted to the Tribunal of Arbitration for ils consideration. " 1. That the several searches and seizures, whether of ships or s?oods, and the several arrests of masters and crews, respectively mentioned in the Schedule to tlu! British Case, i)p. 1 to (50 inclusive, were made by the authority of the United States' Government. Tho questions as to the value of the said vessels or their contents, oi' either of them, and the question as to whether the vessels mentioned in the Schedule to tho British Case, or any of them, were? wholly or in part the actual property of citizens of the United States, have been witlidrawn from, and have not been considered by the Tribunal, it being understood that it is open to the United States to raise these questions, or any of thi!m, if they think tit, in any future negotiaticms as to tho liability of the United States' Government to pay tho amounts mentioned in the Schedule to the British Case. " 2. That the seizures aforesaid, with tho exception of the ' Pathfinder,' seized at Ts'eah Bay, were made in Behring Sea at the distances from shore mentioned iu tho Schedule annexed hereto marked (C). " 3. That tlie said several searches and seizures of vessels were made by pid)lic armed vessels of the United States, the Commanders of which had, at the several times when they were made, from the Executive Department of the Government of the Unite(1 States, instructions, a copy of one of which is annexed hereto marked (A), and that the others were, in all substantial respects, the same. That in all the instances iu which proee(>dings Avere had in the District Courts of the United States resulting in condemnation, such proceedings were begun by the tiling of libels, a copy of one of which is annexed hereto marked (li), and that tlie libels in the other proceedings were in all substantial res])ects the same ; that l!u' alleged acts or offences for which said several searches and seizures Mere made were in each case done or committed in Behring Sea at tht; distances from sliore aforesaid ; and that in each ease in which sentence ij iSeirdiin/. l.iinM. A. Ileidy, CViinnmndir.;j; rcvi'nin'--li'aiiK'r ' " Sail Francisc.i, Califoinia.' lie "Annex (B). ■ III till' Pisliicl Court of the l.'iiitcd SiatfS tor the IMstvici of Alaska. ■• Ai'fj"^/ .syicc/"/ T(,'„i, ISSi'i. ■To ;1k' UoiKmralilo Lal'ayelte Dawson, Judge of said District Court, ' The liliel of inlbrniiitiou of "SI. 1). IJall, Attorney for the United States lor the 1 tistiict of Alaska,. who jiidseeutes oil lichalf of said United States, and hciiij^' jiresent here in Court in his iiroper jiersoii, in llic iiaiiu^ and on lichall' of the said United States, against the schooner ' Tlioniloii,' lier tacls'lc, ;i].]i,ii'cl, Ijoats, cargii, and furninire, and a'jainst all pei'sons inlcrvi nine; for tln^iv interest liiercin, in a. ,Mibc of forfeiture, allegi's and informs as follows: — '•Thai Charles A. Alihey, an olljcer in the llrviMiue ^Mariiu; S('rvice of ihe Cniled .States, and on -]iciial duly in the waters of the district of Alaska, iierelofore, to wit, on tin- Lst day rif Aiigusi, ISSO, wiihin the limits ol' Alaska Territory, and in the waters thereof, and within the civil .and Judicial district of Alaska, to wit, wiihin the waters of that iiortion of liehring Sea lielonging to the said ilisirict, on waters navigable from the sea hy vessels of 10 or more tons Imrdeii, seizcMl the ship or vessel commonly called a schooner, the ' Thornton,' her tackle, apparel, hoalH, cari^o, and furniture, lii'iiig the ]iropcrty of some jierson or persons to the said Attorney unknown, as forfeited to the United States for the following causes : "That the said vessel or seliooncr was I'ouud engaged in killing fur-seal within t'.'e limits of Alaska 'J'erritory, and in the waters ihercfif, in \iolauon of .Section lOoi; of the L'evised Statutes of ihu United States. " And the said Attorney saith that all and --in'^ular the jiieiiii.^es are and were true, and wiihin tho Athiiirally and ^rariiime jurisdiction of this Court, and that hy reason thereof and hy force of the. ■statutes of the United States in surh cases made and jirovided. the afore-meiilioned and desirihej -ilinoiier or vessel, Ijeiiig a vessel of over L'O tov,s Imrdeii, lier tackle, a]i]iare!, Iioats, cargo, ami ;''niiilure, hecanie and are forfeited to the use ol' the said I'nited Stales, and that said srliooner is now iviiliin the district aloresaid. "Wherefore the said Attorney jirays the usual ]irocess and monition ol' this llonourahle Court ii>ue in this behalf, and that all [lersons interested in the bct'ore-menlionetl and descrilied schooner or vr.-xel may be cii-..] hi general and special to answer ilie jireiniscs, and all due proceedings being had, that tho said schooner or vessel, her tackle, ap]iarel, boats, cargo, and furniture, may, for ihe I'ausn ;if avsaid, and olliers ajiiiearing, to be condemned by the deliuite sentence and deiree of this honourable. Court, as forfeited to the u.se of the said United .Stales, according to the ibrni of the Statute of Uie said Inited Stales in such cases made and provided. (Signed) -M. 1). lULL, " rnllnl S'"tc--i' J)is<'n't/ Alhiranii for flic DlMdnt of Alaska." ■.■M\ -.r't H';: f :.,.n Ml! '< ^:^:m: ' "ii^i ■■' ...m;- 1 IJ iil i "Annex (C). "The following Table shows the names of the Ib'ilish .sealing-vessels seized or warned by United .Slates' revenuc-cruizers, l.SS'i-lS'JO, and the approximate distance I'miii laud when .seized. The ilLstanees assigned in the cases of the ' Carolena,' 'Thornton,' and 'Onward,' are on the authority of United States' NTaval Commander Abbey (see TiOth Congress, 2iid Session, Senate Executive Docuinent.i N'o. lOG, ])p. 20, oO, 40). The distances assigned in the cases of the 'Anna Deck,' ' AV. I'. Sayivard,' ' llolphin,' and 'Cirace,' are on the authority of Captain Shepaiil, United States' Iloyal Marino (151u« I'look, United .States, No. 2, l.S'JO, pj). 80-82. See Apiieiidix, vol. iii)." if,ui i°'iir . I, v;i V 11 Naiiiu lit' ViMcI. Dalo ' Sl'i/IM'f. Approximnto DUlnnce fiuin I.iind Unil..l States' \t,,t\ wluii iiiieil. making Seizure*. Curcil.iia August 1. 1S80 75 iiiilc!) .. ., .. (ill-will. Tiiuiiirnti 1, IfSU '0 lllllc'S ,, ,. ,. Ditio. Onwuril ., t. 2, H8li ll.'iinili'H , , Ditto. FttVOHiitit .. U. \«m Wiiriiid Ijy " CiirBiii " in abiiut inmo pi «H "Uimaril." lltioTI Anim Ilirk .Uily 2 1SS7 (Wi niiii'ii .. •• . . Uu«li. Vi. V. Snywnril ,, (1, 18H7 ,'i9 mili'4 1. ., . . Ditto. Dulpltiii .. ,, ll', 18H7 'HI niili'.i ,, •. .. , , Ditto. Griic 1?, 1SS7 9l>>r.il,4 ,, .. ^, Ditto. Allriil Ailanis , , August 10, ina7 1.2 mill'-' ,, Ditto. Alia.. ,, '.'.'>. 1887 15 tllilc!! •• •• *. , , Hear. Triiini|ili , , ,, •1, 1887 Wurupil by " lluili " imt to filter IWliriii gSeo. JuBllitU .Inly 31, 1889 Cnmilct Rush. Pothfinil.T ■l'\ IHSd .')<) iiiilc^ .. , , Ditto. Triumiili 11. 1889 Orilcreil out cif Hihriiig Sia Ijy " Uuah A» to position when wnriicd. ' (•')■ Black Dinnioiiil tt 11. 1889 35 mllcH ,, Ditto. Lilv.. August fi, 1889 CG inilfs •« •• .. ,. Ditto. Ariel July .111, 1889 Orili'irJ out of Bclirini; Sea liy " Kiuli * Kntu.. AuL;iist 13, 1889 Ditti). Miiinii; ., .luly l.'i, 1889 C5 milo ,, Ditto. Pallifiuiicr ,. March 27, 189" Siiziil in Ni'oli Day* •• {'orwin. And Avlicroa.s the Govcrniiicnt of ITcr Britannic .Majesty did ask tlie said Ai'liitrators to find tlio said facts as set rortli in the said stateinent, and whereas llie Agent and Counsel i'ov the United States' Goveriunent thereupon in our presence informed us that the said statement of facts was sustained liy the evidence, and that they liad agreed with tlie Agent and Counsel I'or Her Britannic ^lajesty that we, the Arhitrators, if we should think fit so to do, might find the said statement of facts to be true ; Now, Ave, the said Arbitrators, do unanimously iind the facts as set forth in the said statement to be true ; And •ndiercas each and every question which has been considered by the Tribunal has been determined by a majority of all the Arbitrators ; Now, we. Baron dc Courcel, Lord Hannen, Mr. Justice Harlan, Sir Joliu Thomjison, Senator Morgan, the Marquis Yisconti A^enosta, and Air. Gregers Gram, the respective minorities not Avithdrawing their votes, do declare this to be the linal decision and .Vward in writing of this Tribunal in accordance with the Treaty. Made in duplicate at Paris, and signed by us the 15th day of August, in the vear 1893. And we do eertifv this English version thereof to be true and accurate. (Signed) ALl'li. DE COUBCEL. JOHN M. HAllLAN. JOHN T. MORGAN. HANNEN. JNO. S. D. THOMPSON. VISCONTI VENOSTA. G. GRAM. Inclosure 2. DMarat'ions failes par Ic Tribunal d'Arbitragc et presentees aux Gouvernemenis des pAttls-Unis et de la Grande-Bretagne pour I'tre prises en consideration par ccs Gouvcrnements. 1. LES Arbitrcs declarent que les R^glements commuus tels qu'ils sont etablis par le Tribunal d'Arbitrage. en vertu dc TArticlc VII du Traite du 29 F^vrier, 1892, n'^tant applicables que suv la haute mer, devront, dans leur pens^e, hire completes par d'autres R(>glements applicables dans les limitcs de la souveraineto de chacuue des doux Puissances intdressees et qui devront etrc fixes par elles d'un commuii accord. 2. A'u I'etat critique auquel il parait constant que la race des plioques a foiu-rure se trouvc actuellcment reduite par suite de circonstances incompl^ement 4claircies, * Ncah Bay is in the State or Wusbington, anil the ia the previous year. She was rcleaied two dajs later. ' Pathfinder " was suizetl there on charges made agauist her in Bebring Se.a 15 li's Vi'l)itros croiciiu dovo'ir rocoiuiiiaiidci' aux deux (ioiivcrncmciits do so concortor on viio d'iidcrdii'o (oiifc dostruclioii dt's ])Iif)(|iios h foiirnn'o, taut sui' tern' quo siir mor, |)('ii(l;int tino ])vv'i xlo do doiix on trois .■in><, on (ruiic Miitioo ;m iiKiins, snul' tidies cxi'i'plioiis (jiii^ los d(Mix (lOMvcnu'iuoiits pniiiTaiout froiivcr m jiropos d'adiiiottn'. Si ooti(> MK'siifc doiiiiait do hoiis rosidtals, (>llo i)oiiiTait otrn appliniu'o do iioiivoaii, ?i coi'tains intorvallcs, sidvaiit los eiiroustaucos. ;5. Los Av1)iti'os d('olaroiil on fiud'o ([iio, dans lo\ir ponsoo. l'o\oculi')'; d(!s rvru'Ionioiits otalilis jiar lo 'I'i'ilmnal d'ArI)itrago dovra olro assiuvo jiai' ini oiisc;nI)lo do sti|iulati()iis (>l (!<• nu'snros qiril ai)iinrtioii(lfa aux doux I'uissanoos d'ai'ivtor, ot quo lo Tribunal doii s'on roiuoitro I'n oomsohuohoo h oes doux I'nissancos pour rundr: oll'ootii's lc>s ifri^lonionts otahlis par lui. rait ot. slijao a Tans, 1(> IT) AoAt, 18!)3. (Sioau'O .T'approuvc los Doclanitions 1 ct 3. .1 'ai)pi'ouvc Ics Doolri rations 1 et 3. ALVH. DE COUIICKL. .TOIIX M. ITAHLAN. JOHN T. MORGAN. IIANNEN. jxo. s. D. Tiio:\ri'.soN. VISCOXTI VJCNOSTA. G. GRAM. I Eny'lish Version. J Declarations made h\j the Trihunul of Arliitrufion oonourronl llcjiulations, as dct(M'niinod ii|ion by tlio Tribunal of Arbitration, by virtue of Artiolo Vll of tiio Treaty of tlu5 2!)tli Ecdn'uary, 1S{)2, boin^• applicable to the high s(>a only, should, in their opinion, be supi)lemontod by other lle;,ndations applioablo within tho limits of the sovereignty oF cacli of th(> two Powers interested, and to ]w settled by their eomnion agreement. 2. In view of tho critioal eondition to whioh it appears certaiii that the race of fur-seals is now reduced in consequence of circumstances not fully known, tho Arbitrators think ilt to recommend both Governments to come to an iindin'standing in order to prohibit any killing of i'lir-^oals, either on laud or at sea, for a period of two (ir three years, or at least one year, subject lo such exceptions as tho two Governments might think px'oper to admit of. Such a measure might be recurred to at occasional intervals if found bencflcial. 3. The Arbitrators dc(dare, moreover, that, in their opinion, the carrying out of tl.e Regulations determined upon by the Tril)unal of Arbit.'-atiou should be assured by a system of stipulations and measures to be iMiacted by the two Powers ; and that the Triljunal must, in consequence, leave it to tiie two Powers to decide upon the means for giving effect to the Regulations determined upon by it. AVe do certify this English version to be true and accurate, and have signed the .same at Paris, this 15th day of August, 181)3. (Signed) I approve Declarations 1 and 3. I approve Declarations 1 and 3. ALPH. DE COURCEL. JOHN M. HARLAN. JOHN T. MORGAN. HANNEN. JNO. S. D. THOMPSON. VISCOXTI VENOSTA. G. GRAM. '^■'i'.'] ¥: s = =1. ~ "* 5; *^ a. I 3. - =. -' - S = 13 - 5 is "^ 1 =• s 3* h: M V 1 5. H- B 4 PROC ?5 4 "S. :r AI ON THl 1(( UNITED STATRS. No. 11 (1893). BEHRING SEA ARBITRATION. PAPERS RELATING TO TUB PROCEEDINGS OF THE TRIBUNAL OF ARBITRATION CONSTITUTED UNDER • 'ii- mi ARTICLE I OF THE TREATY CONCLUDED AT WASHINGTON ON THE 29th FEBRUARY, 1892, BETWEEN HER BRITANNIC MAJESTY AND THE UNITED STATES OF AMERICA. Presented to both Houses of Parliarm^nt by Command of Her Majesty, fieptember 1893. ,1lfe< LONDON: PRINTED FOR HER MAJESTY'S STATIONERY OFFICE , BY HARRISON AND SONS, ST. MARTIN'S L\NE, rHINTIBI IN OBDINABY TO HtH HAJISTT. y. .' And to be pircbased, either directly or tbrau|[ti >nj BooltieUer, from KYRB AND SPOTTISWOODE, Eait Habdino Strkbt, Flket 8tb»t, E.C , and 32, Abingdon Strkt, WnTHiNSTKB, S.W. ; oB JOHN MENZIBS & Co., 12, HAHovra Stribt, Edinbubsr, and go, Wbst Nile Stbiet, GlasouW) ob HODGES, FIGGIS, & Co., Limited, 104. Graftok Stbiet, Dublin. t t inn] -Ilk .*fl l' J' « wm. TABLE OP CONTKNTS. No. Name, Date. HUBJRCT. Png. I To Mr. Tuppur .. K«b. 17, ico;i Initnicti him to |iror»<'il to I'arii, ■nil to ■ttpiid Amt mei'tinK of Triliunul 1 'i >• n .. >7, Mr. Maiwi-ll a'ld Mr. Frouilo have bren ■iipoiiitod to nitiiiiit liini . . ■i 3 Mr. Tuppcr ., 98, Ilaron dt-CoiirciO kiikk*""'! that Tribunal ahould (TelPKrapliic) adjiiiirn till 6th April 2 4 To Mr. Tuppcr • • (Tvlrgripttic) 92, Approvim course proponed in No. 8. . . ;i 9 Mr. Tuppar .. • • * • 21. Iti'porti arrival iu Paria .. 3 6 i» i» •• .. 9i. Seciecy aKri'i-nicnt should not bo prolonged bevoiid 23rd February .Appointmi'Ut of Mr Williams as Associate 3 7 Thf Mnrquii of DufTerin 22, Coumud of United States 4 8 Mr. Tii;)j)«r . . , 93. Tiibunal ailjcuincd lo 23rd March. Decision (Te1t>graphic) to maintain secrecy until next meotinf; 4 9 Tlif Murquii of Dn Terin a<, Report uf proceedings at first meeting of Tribunal 4 10 Mr. Tupper . , • ■ • 38, United Stales' (lovernmcnt objected to adjourn- ment beyond V<3rd March 6 11 •• *i • • * • » ■ 24, Incloses I'rntocol No. 1 ., ,, 5 V2 II » • • 24. Ki'porti proceedings at first mveting , , 7 13 II II • • , . V5, Enitlinh translation of first I'rotocol.. 7 14 I* *( •• .. 3fi, I'urposes to return to Liindon .. ., 9 15 To Mr, Tiipper • • • ■ Mar. 1, Approves his proct'edingn . . » 16 Mr. Tiippor . . • • • • 3. Proposed arrangemunti respecting his staff in Paris 9 17 To Mr. Tuppw ■ • ■ • 8. Approves his recommendations in No. 16. Mr. Fairholme and Mr. Anderson will be sent, if their presence is rei|uired 10 18 Mr. Tupper . . * • • • 19. Ileporls arrival of Diiliiih staff in Paris 10 19 If II • • < • 23. Tribunal has adjourned till 4th April. All (Telcgrnphic) pr.i • • • • • . 18, Shorthand Reports. Mr. Foster's statement, explaininir hit reaioni for withdrawing from the arrangement . . , . . . 35 [691] No. 38 Mr. 3ft *• 40 M 41 t» a (1 43 >l 44 II 4.i 4< 47 48 49 60 ,tl 52 53 64 55 66 67 68 69 CO 61 62 63 64 65 CS 67 68 69 70 78 79 BO 81 82 83 84 66 8G 71 II 72 II 73 1, 74 1, 75 •I 76 II 77 1* TABLB or CONTENTS. m I'hk« 1 to [icen , , 2 outd • • 2 • 1! 3 iged . . 3 ciatc ,. 4 BIOD , 4 5 of .. 4 urn- . , & , 5 • • 7 • • 7 • • 9 9 10 10 10 10 11 It 14 14 IS IS IS 16 16 17 19 19 10 SO SO 31 35 No. Name. Dale Subject. Pag. 38 Mr Tu|>|>«r •• Apr. SO, 1893 Continuation of Mr, Cart^r'H >priT.h 36 39 »i II • • • • •• 21, Ditto.. i28 iO |t tl • • • • • • 84. Ditto .. .. ., .. .. 86 41 tt f 1 • • • « • • 25, Ailiournmont till ^nil May, owing tu illnvm of Lord llannrn 26 4V> «l It • . * • > • M.y 2, Incloxeii I'rotneolii Nor. 8, 4, and 6 . . 27 43 II If • • • • • • 3, Cuntitiiiation ot Mr. Cortcr's ipct •'h 39 44 11 II • • • • • • 4, CoiiiiiK'nci'nieiit of Mr. Coudrrt'a iipi.-»rh 3'i 45 •t II • • •■ 5, (^oiitiiniiition of Vir. Coiidert's npcrcli 32 46 II ii • • • • • 6, Incloiii'H IVntocoU NoH. 0, 7, 8, and U as 47 tt • ) t • • . • • 8, Mr, Ellioti'i Hi'pciit. Ini'loneii copivs ,. 37 48 >t II • • • • • • 8, Continuation of Mr. Condvrl'H ipt^cirli 37 49 II ■ • • • • t 1". Concliittion of Mr. Coudi^rt a aiicrcli .. 37 40 »» II . • < • n, Opniiin;? of the argiiment for Groat Britain bj thi •• •• •• II, lnclo8iH i'rotocoln Noa. 10, 11. 12, 13, and 14 38 S3 »l II ■ . • • • • 15, Continuntion of the Attorncy-OenKmla apt'ecli 42 S3 II It • • • • V3, InrloacH Prntorola Nna. 15, 16, 17, and 18 43 S4 II It • • • • • . S4. rontinnation of tlie Attorney- U 45 5S »l ,1 ■ • • • 25. Oitio .. .. .. 45 SO ■1 (1 . . • . . . 2(>, Ditto .. 4S S7 To Mr. Tuppcr 29, It innit be left lor liiin to ''j!cide in conaultation (TeUKfaphic) with CouOM-l whether nny claim for «oin- pcnaation nbnil 1)0 prcHned 46 88 Mr Tupp«r ., 30, Continuation ol th»! Aitorney-Ciencnira apeirb 48 S9 To Mr. Tupper .. •. 81. Arrangement vonrliidtid with Ituaaiaaa riy^nTiU regulation of ncaiing off lluaiiaii noaats and ialanda .. .. .. 46 CO To Colonial Office 31, CInini for compenaotion. Inalructiona acnt to Mr. Tup|*er (a«o No.57) 47 61 Mr Tupper •• 31. Continuation of the Attorney-Gcnerara apeech 47 63 tt II • • ■ • • • June 1, Concluaion of the Attorney-fienerara apeerh. He »aa followed by Sir If. Wcbater 47 63 II t* a • •• • • 2, Continuation of Sir 1{. Wehater'a aprenh 48 C4 l» II • • • • • ■ 3, Shorthand Heporta. Further correajiondenie with Mr. Foster 48 65 »» • I •• •• •* 3. Correapondence with Mr. Foater on the question of the ownerahip of aealing-veaaela 49 66 II ft • • • • • • 3, ^ncloaea I'rotocola .N'oa. 19, 20, 21, 22, and 23 5U 67 • » l| • • • • • * 6. \''ontinuution of Sir K. Wehnler'a apereli 34 68 II II • • • • • • 7. M. (irunra atitemt-nt aa to the rulca coneeming territorial water* in Sweden and Norway. Continuation of Sir U. Webater'a apeerh 54 69 1* *» P» • • •• 8. ConcluHion of .Sir R. Webater'i apeech. Mr. Itobinaon followed him 55 70 t* H *■ • • • > 9. Concluxion of Mr. Kiihinaon'a argument, A atatenient of the Kegulationa rirjitire.l pre- aenled by Mr. Foater, Commencement of hpcecli by the Att 22, Haa diapen. 48 to 53 ,. .. 'I'esiinioiiy niven by the Arbitrators lo the utihty ot the Sliurthand Ueports Incloses the decision of the Arbitrators Ackno<»ledges the services rfindered by British Counsel and staff .. .. Leaves laris to-day. Mr. Maxwell remains for a few dayt . • Iiistniclions to convey to foreign Governments the Queen's ucknowledgraents of the services rendered by the Arbitrators named by them Instructions to thank the President of tiie French Republic and M. Develle for hospitality shown to the gentlemen engaged in the / rbitration .. ,. ,. Conveys the Queen's approval of his services. Acknowledgments to the other gentlemen employed Conveys the Queen's approval of their services Conveys the thanks of Her Majesty's Goveri.- nients tor lhe:r services Olfeia tliank.< of ller .Majesty's Government for his i-ervices bixpres^es gratitude for ackuowled>^nierit of his services . . . . Expresses gratitude for the acknowledgement of his services, and for the assistance rendered to him iu his work . . Page 69 69 70 70 84 8( H S9 94 94 98 101 101 102 102 103 I p., 10. 'LI4 104 lOo 105 Page • 69 .. 69 .. ■0 . 70 .. S-) and the brought , SI 47 .. S4 S9 94 in Paris ., 94 he utility .. 98 i ini f British 101 remains 102 rnments services by them 102 of the 'lie for engaged • > 103 services. nilemtn ip. services ; lu, I overt. - 'LM rnment .. 104 t of iiis • • 105 gement ndered • 105 BEHRING SEA ABBITRITION. Papers relating to the Proceedings of the Tribunal of Arbitration constituted under Article I of the Treaty concluded at Washington on the 29th February, 1892, between Her Britannic Majesty and the United States of America. No. 1. The Earl of Sosehery to Mr. Tapper. Sir, Foreiyn Office, February 17, 1S93. THE first meeting of the Tribunal in tlie Behring Sea Arbitration having been fixed for the 23rd instant, 1 have to request you to proceed to Paris to attend it. Her Majesty's Attorney-General, Sir Richard Webster, Q.C., and Mr. C. Robin* son, Q.C., of Canada, will also attend the meeting as Counsel on behalf of Her Majesty's Government, and will be ready to give you their advice and support. It will probably be convenient that you should ho in Paris t\»o or three days jirovious to that date in order to enter into informal cominunieations with the United States' Agent, or with the gentleman whom ho may have delegated to represent him, for the purpose of arranging the course of procedure to be adopted before the Tribunal. You are aware, from the corresponilehce which has aheacly been fornarded to you, tliat it has been agreed by the Governments of Her Britannic Majesty and the United Slates .i:'\t 'he first meeting of the Tribunal shall be avtendcd by one Arbitrator on the part ; Cieat Britain, one on the part of the United St.ites, and one of the three ^Vl ri.'<^s selected by the foreign Governments. » I fh^s fyst meeting the Agent of the United States will apply for an adjournment ol (b ' r \/u;::il to the 23rd Marcb, to which date the presentation of the printeJ Argumei ivo ild thereby be postponed, and you are authorized to concur in the application. it has further been agreed that all matters other than t'lat of this adjourniiicnt, and such action as may be deemed by tlie Arbit 'aiors present ai necessary for the organiza- tion of the Tribunal, shall be postponed to the full meeting; on the 'J3rd March. Amongst the subjects which tnay be classed iu the category of those to be discussed at the first faceting are the following : — 1. The question whether the proceedings before the Tribunal shall be kept secret until its close, .and whether such secrecy shall apply to the Case, Counter-Case, and T.ument presented on either side. 'iiie matter seems to Her Majesty's Government to be one for the decision of tho .,'i'!*" ovf>. It would probably bo found convenient for them that the discussions .Ml -1 00 considered as confidential while they are proceeding. There does not appear to be the same objection to the publication of the Cases, Counter-Cases, and Arguments, nor of the lieports of the Behring Sea Commissioners, respecting which latter the Treaty oidy stipulates that they shall not be made public until they shall have been submitted L«91] B *^;Mii HP)i> 7 vi-;,. P^bL Pwn I*"'i' i' ■QH r .'i-' ffiH Ip*.-,- f 1 •. ■3. '% to the Arbitrators. But in respect to these ilocuments also, Her Majesty's Governmnut are willing to follow the course which may appear most convenient to the Arbitrators, 2. The question of the appointment of a Secretary or of Joint-Secretaries to the Tribunal. As the French Government will provide the place of meeting, and as the French Arbitrator has consented to attend the first sittiug, he will no doubt he designated bj the Arbitrators as President of the Tribunal, and lie will probably have proposals to make as to the choice of a Secretary or Secretaries, and as to the arrangements for clerical assistance and the printing of the Protocols. As soon as the business connected with the first meeting is completed you will bo at liberty to return to London, in order to proceed with the preparation of the printed Argument. I have to request you to furnish me with Reports of each meeting of the Tribunal, both on the first occasion and subsequently when the full meetings take place, in a numbered series of despatches according to the forms in use in this Office. You will refer to me, by telegraph, for instructions on any doubtful points whicli may call for immediate decision. I am, &c. (Signed) RCSEBERY. No. 2. i 4 . .''^* " ;!': The Eu,l of Bosebery to Mr. Thipper. Sir, Foreign Office, February 17, 1893. WITH reference to my preceding despatch of this day's date, I have to inform yon that I have appointed Mr. 11. V. Maxwell of this Office, and Mr. Ashley Eroude, C.M.(i., lato Secretary of the Behring Sea Commission, to assist you in your work as British Agent in the Behring Sea Arbitration. These gentlemen will accompany you to Paris for the first meeting of the Tribunal on the 23rd instant, and for the subsequent meetings which will commence on the 23rd proximo. • I am, &c. (Signed) ROSEBERY. No. 3. Mr. Tapper to the Earl of Rosebery. — {Received February 22.) (Telegraphic.) Paris, February 22, 1893. BEHRING SEA Arbitration. The meeting of the Tribunal is fixed for 11 o'clock on Thursday morning. Baron de Courcel has suggested to the United States' Acting Agent and myscU that the adjournment shall extend to the Gth April instead of to the 23rd March, and that on 30th March the printed arguments shall be handed in to the Arbitrators. The proposed adjournment would defer the second meeting till after Holy Week, and would enable the Tribunal to consider the argument without further adjournment, which would be necessary for that purpose were 23rd March to be date of the seconcl meeting. The United States' Acting Agent is telegraphing to his Government for instruc- tions. Sir Richard IVobster and Mr. Robinson approve, subject to the views of Her Majesty's Attorney-General, who has not yet arrived here. , , ;, . ■ .i Does the jiroposal meet with your Lordship's approval ? , . , , ,: 3 i\"o. I. The Earl of Roscbery to Mr. Tapper. (Tcleijrapliio.) Foreign Office, February 22, 1893. THE course proposed by Baron de Courcel seems to bo convenient. I approve the arrangement as stated in your telegram of to-day. '1^1 1*0. 5. Mr. Tupper to the Earl oj Rosebcry. — {Received February 23.) My Lord, Paris, February 21, 1893. I HiWE the bonour to acknowledge the receipt of your Lordship's despatches of the ^ 4 th instant, containing instructions for my guidance at the first meeting of the Bohring Sea Arbitration Tribunal, and informing me that Mr. R. P. Maxwell and "SI V. Ashley Froudc would accompany me to Paris. I have the honour lo inform your Lordship that, in accordance with your instructions, I left London yesterday, and arrived here the same evening, accompanied by the above-mentioned gentlemen and my Private Secretary, Mr. J. Pope. I have, &c. , , . (Signed) CHARLES H. TUPPER. u '.'<'l ■Jk No. 6. Mr. Tupper to the Earl of Rosebery. — (Received February 23.) My Lord, Paris, February 21, 1893. I HAVE the bonour to inform your Lordship that I called this morning at Her Majesty's Embassy, accompanied by Mr. Maxwell, Mr. Froude, and my Secretary, ilr. Pope, and saw Mr. -Vustin Lee, from Mhoni I obtained much useful information in connection Avith the meeting of the Tribunal of Arbitration. Finding that Mr. William Williams, tlic Junior Counsel for the United States, was staying at the Hotel Continental, I called upon him, and learned that he had been delegated to represent Mr. Foster, the Agent of the United States, pending the latter gentleman's arrival in Paris. We then by arrangement made several official visits together, and endeavoured to sec Baron de Courcel, in order to make an ap[tointment for tlie meeting of the Tribunal on Thursday. Having failed to ihul his Excellency at home, we have made an appointment to call on him togctlier to-morrow morning, at 10 o'clock. Lord Hannen and Mr. Justice Harlan have expressed their willingness to meet at any hour which may be agreeable to Baron de Courcel. I am of opinion, if your Lordship should see no objection, that the agreement as to the secrecy of the Cases and Counter-Cases should not be prolonged beyond the 23rd instant ; but that in regard to this question, as well as to that of opening the proceedings of the Tribunal to the public, it would be advisable to defer to whatever opinion the Arbitrators may express on the subject. Mr. Williams has intimated to me that his Government desired the publication of the Cases and Counter-Cases, and he considered that the agreement as to secrecy would terminate on the 23rd instant. I hare, &c. .. ,r ,. ,,. .. - ; • (Signed) CHAELES H. TUPPER. ^'y.!-^< .> , 1 •ic. ,iivr^t: nti [691] • iii'.J •..ii; 't >' 'vr .i^-ynnr, m m ii! No. 7. Tilt; Marquis of Dnffcrin to Ifie Earl of Rosebery. — (Rareived February 23.) My Lord, ' ' ' Paris, February 22, ISOi). I HAVE the honour to tratiMnit herewith copy of a letter which I have received from the Minister of the United States in Paris, informing me that Mr. William Williams, Ae^Ov/iato Counsel of the United States hefore the Tribunal of Arbitration convened to decide the questions of fur-seals, has been designated to act as Special Agent of the United States at the meeting of the Tribunal to be held on tho 23rd instant. ....... I have, &c. ... (Signed) DUFFERIN and AVA. Inclosure in No. 7. Mr. CcoKdge to the Marquis of Dufferin, My Lord, Paris, February 21, 1893. I HAVE the honour to inform your Excellency that Mr. William Williams, Associate Counsel of the United States before the Tribunal of Arbitration convened to decide the question of fur-seals, has been designated to act as Special Agent of tho United States at the meeting of tho Tribunal on the 23rd instant. I have, &c. (Signed) J. JEFFERSON COOLIDGE. No. 8. Mr. Tapper to the Earl of Rosebery. — '{Received February 23.) (Telegraphic.) Paris, February 23, 1893, 6 p.m. THE Tribunal has decided to adjourn until the 23rd March, the further adjournment referred to in my telegram of yesterday not having been agreed to by the Government of the United States. With regard to tlie publication of the Cases and Counter-Cases, the Tribunal decided tliat tlie matter did not come under their consideration ; and understand tliat it is the intention of tho United States' Government to publish these documents. No. 9. The Marquis of Duferin to the Earl of Rosebery, -^{Received February 25.) My Lord, Paris, February 24, 1893. THE Behring Sea Arbitration Tribunal held its first meeting yesterday at tlie Ministry of Foreign Affairs. It was attended by Baron de Courcel, the French Ar])i- trator (who was requested by his colleagues to act as President for the occasion), by Lord Hanncn, the British Arbitrator, and Mr. Justice Harlan, the United States' Arbitrator, as well as by the Honourable C. H. Tupper, the British Agent, and Mr. W. Williams, acting as Agent for the United States in the place of Mr. Foster, who has not yet arrived. ; i .: -, : \o Counsel wvro proseut on l)elialf ol' the United States, but Sir Ciiai-les Russell and Sir llicliard Webster uttcnded as Counscd on beiialf of Great Britain. On the proposal of tlic United States' Aetin >(. '■ I: M {^\ W' Inelosure in No. 13. Protocols of the Meetings of the Tribunal of Arbitration constituted under the Convention of February 29, 1892, signed at Washington between the Governments of the Umied States and Her Britannic Majesty. u Protocol I.-~Meeting of February 2Q, 1893. THE Tribunal assembled at Paris at the French Ministry for Foreign Affairs. The Arbitrators present were : — The Honourable John M. llarlan, Justice of the Supreme Court of the United States, one of the Arbitrators named by the United States ; llis Excellency Baron Alphonse de Courcel, Senator, the Arbitrator named by France ; The Right Honourable Lord Ilannen, Lord of Appeal, one of the Arbitrators named by Great Britain ; Who, having assured themselves that their respective powers were in good and valid form. Baron de Courcel was invited by his colleagues to take the chair as President for the present meeting. There were present at the meeting : — Mr. William Williams, as Special Agent and Associate Counsel of the United States ; The Honourable Charles H. Tupper, as Agent of Her Britannic Majesty. Messrs. Williams and Tupper laid before the Tribunal of Arbitration the Commis* sions empowering them to act before the Tribunal. There were also present at the meeting, as Counsel for Her Brittinnio Majesty's Government : — Sir Charles Russell, Q.C., M.P., Her Britannic Majesty's Attorney-General ; Sir Richard Webster, Q.C., M.P., and Mr. Christopher Robinson, Q.C. The President invited M. Henri Feer, formerly a Consul-General of France, to draw up the Protocol of this meeting, with the assistance of Messrs. Williams and Tupper. Mr. Williams, acting for the Government of the United States, asked that the Tribunal adjourn till the 23rd March. Mr. Tupper, in the name of the British Government, supported the request of Mr. Williams. Sir Charles Russell, the leading Counsel for Great Britain, stated that the Counsel, thoixgh previously aware of the request which would be made, thought it right to attend the first meeting out of respect for the Tribunal of Arlntration. Tiie Tribunal of Arbitration acceded to the request made in the name of the two parties, and agreed to adjourn to the 23rd March. The question of the publication of the Cases and Counter-Cases having boon mentioned, the Arbitrators stated that it was not a subject for their consideration. In regard to the publication of the Protocol of this meeting, the Arbitrators present, finding themselves in insufficient number to give a decision which would bind tlic Tribunal of Arbitration for the future, announced that th»j Protocol of the meeting of the 23rd February should be kept secret until further onlers. The Tribunal of Arbitration adjourned till the 23rd March. So done in Paris, the i'3rd February, 1893, and have signed : The President ALPH. DE COURCEL. The Special Agent for the United States. . WILLIAM WILLIAMS. The Agent for Great Britain .. .. CHARLES H. TUPPER. The Secretary H. FEER. Tran.slation certified to be accurate : (Signed) A. BAiiiLY-PLANCUAiiu H. CCNYNQUAME, ■} Co-Secretaries. No. 1 1. Afr, Tupper to the Earl of Rosebery, — {Received February 27.) Jfy Lord, ^ Paris, February 2:>, 180.3. I IIAVK tlio honour to inform your Lordship tint, tho hu»int'ss connected witli tho lirst nicctin;; of tho Hehrin^' Sea Tribunal of Arbitration havlns? hcon coinplotcd this afternoon, I purpose leaving' Paris to-morrow on my return to Loudon, accompanied l)y llio gentlemen attached to the stuH' of the Agency. I have, &c. (Signed) CUARLES II. TUPPER •t^ •■' 111 No 15. Tlie Earl of Rosebery to Mr. Tapper. Sir, Forciyn OJficp, Match I, 1893. I HAVE received your despatch of the 24th ultimo, giving an account of wiiat touk ijlacc at the first meeting in Paris of the Bchring Sea Arbitration Tribunal, lour proceedings on that occasion are approved by Iler ^Majesty's Government. I am, &c. (Signed) llOSEBERY. '•• i No. 10. Mr, Tupper to the Earl of Jtosebery. — (Jteceived March 3.) My Lord, Foreirjn Office, March 3, 1893. DURING my recent visit to Paris occasion was taken to arrange for tho accommodation of the British Start" required for the presentation of the Case before tho Tribunal of Arbitration. In additiori to the four gentlemen engaged as Counsel, viz., the Attorney-General, Sir R. Webster, !Mr. C. Robinson, and Air. Rox, I respectfully suggest that the following should be attached to the Staff of the Agency: — Dr. G. AI. Dawson, Mr. R. P.Maxwell, and Mr. G. P. Ftiirholme, of the Foreign Office; Air. J. Anderson, of the Colonial Ofliee ; Air. Ashley Proude; Air. J. Pope, my Piivate Secretary; 'Mt, J. AI. Alacoun, Secretary to Dr. Dawson ; and Air. Charles Russell, the solicitor engaged in the ease. I have ventured to include the name of Dr. Dawson, as ho is an oflleer in the service of the Canadian Government, and perhaps tli') only officer at the disposal of Her Alajesty's Government M'ho can he said to be conversant with the life and habits of the fur-seal. His presence at Paris I believe to be necessary, and I do not contemplate objection being taken on the part of the United States to our availing ourselves of his knowledge. I do not propose, unless otherwise instructed by your Lordship, or unle; " occasion should arise after consultation with Ccmnsel, to ask Sir G. Raden-Powell t< ' !tvnd. In my opinion, his presence with Dr. Dawson might make it appeal that tho Ih'itish Commissioners, who were appointed to make an impartial examination into seal life, were actively engaged in pressing the Rritish Case before the Tribunal. This I do not think desirable. I learn that neither of the United States* Commissioners will be in Paris, though other officers of the United States familiar with seal life will be there. I have, Sm. (Signed) CUARLES H. TUPPER. ^vjV\/ f ' V' f. IP* [091J Vim i P u w No. 17. Tho Kuil of lioKvbvry to Mr. Tit/iiin: Sir. h'uiriijii Oj/i'rr, Mairh S, iHiKI. I\ n'|»ly III your ili's|inlfli of (lie Inl iiislniit, I liiiv(> lo inform yon lli.il T npiirovc y.iiir rccoiiiiiii'mlMtinii tliril, in ;Hliiilioii lo IIh' I'oiip ^'onllcmcn iMiipioyi'il .is ComiM'l, III!' Inllowinu: ,u;i'nllciMi'n slioiiid Itr mIImcIkmI Id IIic SlalV ol' llir Ai^cncy lui' liic i>i-csriilrilion of llic Hrili>li Cnsc iicrni'i- Ilic llcliiiiij; Sen Tril)nM!il of Arliilniliim, vi/.. Dr. (1. .M. Dawson. Mr. 15. 1'. Mawvcll, Mr. ,\slilt>y I'rondc, Mr. .1. Vi^,r. Mr.l. M. ^Iiwonn, and Mr. Cliarlcs IJn^scll. Willi rrir.'inl lo yonr Hnt;u;('slion Ili:il Mr. (1. !•'. h'-'iirliolinc, of lliis Oflicc, sIhmiM niso ]«> inclnilril as a nicinln-r of I lie SlalV, I sliaii l)i> lia|i|iy lo coinplv willi il siionld yon rind, .afli'r yonr .-irrival in I'aris, llial liis picsiMicc would lie dosiralilo for tlic l)nrpo>if (if cxaniininii: iiiiy fiirllicr l!n>^sian doonnii'iils llial may lie |irodnc(nl uii lln' IKMi of lli(> rnilcd Slates. \\ lias !iiso been arrani,'rd, after consiijlation with tlio ('(donial ( JII'km", IIi;iI Mr. .1. Anilerson. of lli.al Dcparlmnil. sliall lie dctaclu'd for siidi lime as yon in;i_v «'oiisider lliiit lie can Ite nsefnily employed. In conelnsion, T eonenr with yon in I lie opinion tlial, lor I lie reasoiuj slated liy yon, it will he nnneeessary that Sir asked lo alleiid in J'aris, unless oiri'uiuslances slionld make liis presenco expedieni lien-nftcr. nm, feo. (Signed) KOHKMKHY No. 18. Mr, Tiipprr to the Ktirl of Rnsrhory. — {If revived yfarvit 21.) \\\ T.ord. I'lirb, March 10. IHO.'l J 11. \V K the honour lo report that I lel'l London on the I7lli instant . and arrivn' here on that day, aeeoni])aiiied hy .Mr. .M. JJox, Mr. K. I'. Maxwell, and my I'riva S(>eretary. Mr. .1. Pope. Her M.ajesly's Att(n-n(>y-fieneral, Sir I?. Wehstcr, Mr. (!. Ktdiinson, .T)r. 0. ^d. Dawson, ^Ir. A. Troude, Air. C. Uussell, and Air. .1. M. Alacoun arrived in TuriH lasl nielli. I liavo, &c. (Signed) (JHAKLES H. TUPrEll. ^fP' & No. 19. Mr, Tiippn to the Earl of Uoftehrr;/. — {Ueaivcd March 23, G'45 P.M.) (Telegraph ie.) Purh; March 23, 189.3, 5-10 T.M. Til K Trihnnal has adjourned till 1th April. It was decided tliat all proceedings should 1)0 public forthwith. 13 r: No. 20. Mr. Tapper to the Earl of Rosebery,—(Receire(l March 27.) Al.v Lord, Paris, March 25, 189.3. IT will ho within your Lordship's rocollcction that on tho lOth February last a Notice was addressed, at my request, by Sir Julian Pauncofotc to the Agent for the U'.iitcd States for copies of certain doeu'ments quoted in the United States' Counter- Case. Among these documents the Report of Mr. H. W. Elliott for the year 1890 was included. im-. 11 oNlcr inroi'incil nic, ill liin imic dl' till' I'illi l''i«l)i'iKiry, Hint Uin (JoVdrnmont (,f III, , iiili'd Shiti's did ii'il iVi'l tlijit IIh-v vvnv IidiiikI Ii.\ tlm 'I'lvid.v to liiriiisli ll copy ofilic llf|»i)rl, iiiid Hint In- was llinrl'i)n! iiniildc io lidinitly uilli iii\ i'n|ui'st. 'I'lid iiialliT ii|i|)i'an'il Ik iim (if so i,'rrat iMi|Mii'l;iiici', in diicli(>n. In Hie <'vent of your not havini? the Meporl, or .a cop) in Paris, I nive yon this early inliinatiou in order tli.at. ymi may coinmnnieate u i ii Hie projicr Depiu'tini'iit ill WuMliiiiijlon. I am, I'tc. (Si^■ne(0 CHAIIM'.S II. TIJI'l'ML No. 21. The Edii of lioscberij lo Mr. Tuppn: •Sir, Forrojii OJ/ici:, March 2S, 18'.):}. [ UNDEJISTANIJ that, in (loiistMiuont'o oi' thy the Treaty. If tho documents referred 1o may bo thus subnn'tted, the Undersigned is nna])lo to perceive that Her Majesty's Agent may not submit to the Tribunal, at his ph-asuic, at any time, any paper containing evidence or other matter bearing upon the merits of the controversy, lie hercAvith returns the documents referred to without exanii- taken, and nation, and begs to apprise Her Majesty's Agent that he will immediately address lli.> Arbitrators^ protesting against the course Her Majesty's Agent lias i-cquesting tluin to disregard the document. He further gives notice to Her Majesty's Agent that the Tribunal of Arbitral idu "svill he moved, at its next session, that the document referred to be dismissed fmni attention, and returned to Her Majesty's Agent. The Undersigned, &c. (Signed) JOHN W. FOSTEJ?. Paris, March 20, 189" ♦ Copies 6f lliis IJopoit, witli oltier pipers laiil bcrorc tlift irlblitml, will be depoaited in tlie Lilirarv nf «acli Hoofe of i'arliam*:)), "T? mm 13 Inclosure 3 in No. 22. ^fr, Tapper to M, , Foster. THE Undorsigno'l, Agent of llor Eritannic !Majosly fippointtvl to aitcnd the Tnl)nnal of Arl)itr:ition convened inultn" the provisions of the Treaty conchidod at Wasliington on the 2nth IVoruory, T892, lias the honour to acknowledge the receipt of the lion. John W. Foster's con.niunication of tliis day's date, and, in reply tlieveto, (Icsii'cs to state that it is the view of Ucr ^fajesty's Government that the mode of procedure contemplated l)y the Treaty lias not 'it cu accurately followed. "While all the material hearing on the whole suhject-mattev in dispute intended to 1)0 used hy either party uas to lie suhn.'tted to the other party, tliat part of such mati'iial which hore only on the question of IJegulations — and particnlaily the Eeport or Ih'jiorts, joint or i«everal, of the Commissioners of the two countries — slnnild liare been, it is helioved, kept distinct from that part which Imre on the (jii.'stioiis of rii,'lit, and tliat the latter should alone, in the tk-st instance, liave heen siihmitted to the Arliitrntors, tlic former, namely, that part relating to Regulations, (/iily when the continiieney therefor arose, or, in other words, when the del rniination of the ques- tions of exclusive right had heen ai rived at. It was upon this principle that the original Capc of Great Britain uas framed, and this coui-se would have heen lollowed Imt for the ohjections raised hy the United States, as stated in Mr. Foster's letter to ;Mr. llerhert of the 27th Septeinher, 1892, 111 deference to those representations, and in order to facilitate* the progress of tho Arbitration, ller Majesty's Government, while maintaining the justice of their con- tention, furnished to the Government of the United States aiul to the Arhitratois the separate Re])ort of the Brit sh Commissioners and its Appemlices, res(>rviiig at the eame time their rights, as stated in Lord llosehery's despatch to Mr. llerhertof ihn 13th Octol>':r, 1892. TIk iiovernmcrt of the United States, in presenting to the Arhitratois with their nrigiiinl Case the separate lleport of tho United States' Commissioners, had, in tlic opinion of nor ^Majesty's Government, departed from the mode of jiroeedure con- teinjilatcd hy the Treaty. It was in pursu-mc" of the understanding contained in the ooncspondenec ahove referred to that ller Majesty's Goverii'iient furnished ti> the Airint of the United States and to the Arhitrators the Supplementary Report of the Jiiitish Comiiiissicmers Avliieh was referred to on p. KitJo of tiie British Coiniter-Case. At the J roper time ller ^lajesty's (jovernment will suhmit to t)ie Arhitrators that tliey are entitled to use this Supplementary Beport, and they are (piite willing tliiit copies should remain in the hands of the J'epresentatives of tho Unittul States without prejudice to any ohjeetion they may desire to raise. The Government of Her Hritannie Majesty helieve that the Arhitrators will (k'siiv to have at llieir dispos;il any trustworthy informaticn which may assist them upon I he questicns referred to them Inr decision. ir, asthe Undersiuned undei'stand<. a eommunieation on this snhjeet has heen addressed hv Mr. Foster tr the Arhitrateu's, ller ^faiestv's (ioverninent will forward .0 them V coi)y of itr. J'\)ster's note of tho 27th instant, and (>\' this reply thereto. The Undersigned, &c. (Si-n.'d) CIIABLES H. TUPPEll. Paris, March 27, 1S03. IiK-losurc L in No. 22. Mr. Tapper to the Bf/.r/'iif/ Sea Arhitrators, THE Undersigned, Agent of ller Britannic ^Majesty appointed to attend tho Trilianal of Arhitratiou, has the honour to inclose, f(n* the information of , il I'opy of a note which he hn addressed to the Agent of the United States in reply to ■I ^^l|l^ 1)1 il iioiu V iMcu lie ii.i aotiresseu lo iiir .xgeiit iii iiie ij 11 pi'tiU'st received from him ai;ai list the ])resent;ition of the Su till' I'ritish Bcliring Sea Commissioners which was lorwaided to mi llio 25lh instant. Tho Undersigned has the honour to renew to assurance, &c. Paris, March 27, 189:]. Supplementary Bejioit of 14 No. 2:<. Mr. Dipper lo the Earl of Rospbertj, — [Received March 30.) My Lord, Paris, March 2«, ]>!):!. T HAVEtliG Imiiour to transmit, to your Lordship a copy of a note I liavc received tliis day from the Ai^cnt of the United States, infonning mc tliat a motion will lie made on behalf of tlu; United States' Government at the mc'ctini; of the Tribnaaloii tho dth proximo for the rejc(;tion of certain claims for damages specified iu the Counter-Case of Her ^AJajesty's Government. I have acknowlcdij^d the /'.'ceipt of Mr. I"\)stcr's eommnnication. I have, &c. (Signed) CHARLES U. TUlTEll. Inclosurc in No. 2:'>. Mr, Foster to Mr. Tiipper. THE Undersigned, Agent of the United States before the Tribunal of Arbitraliun convened at Paris, has the honour to give notice to the Agent of Her liritaimif Majesty, that, at the next meeting of the Tribunal of Arbitration, a mo'Jon will lie made on the part of the United States to dismiss from the Arbitration so much ol tlie demand of the GovernmcMit of Great Britain as relates to the sum stated u|)on p. SI") of the Counter-Case of said Governuient to have been incurred on account of ('.Ypciises in connection with procei'dings before the Supreme Court of the United States ; And also to dismiss from said Arbitration tiic claim and request of the simo Government, mentioned in said p. 315, tiiat tl:c Arbitrators lind what catch or cat lu's might have been taken by pelagic sealers in IJeliring Sea without undue diminiuiiiu of the herd during the jiendency of the Arbitration ; And also to dismiss from the Arbitration the claim of tiie same Goveraiiunt, mentioned on the same page, 315, to show payments by it to Canadian owners of seaiing-schooners ; And that all proofs or evidences relating to the foregoing c'xiras or matters, or either of them, be stricken from the British Counter-Case, and, in particular, those found on pp. 215 to 229, inclusive, of vol. ii of Appendix to said '. -'ounter-Casc, The ground of the foregoing motion or motions is that the claims and mattcis aforesaid are, and each of them is, presented for the first time in the Counter-Case it' the Government of Great Britain, and that they are not, nor is either of tliein. pertinent or relevant liy way of reply to the Case of tln^ United States, or to anytliin.' contained therein, cxcpt so far as tiie same may tend to support chiims for damauvs distinctly made in the original Case of the Gorcrnment of Great Britain, and that, m far as tliey come under that head, the matter- arc irregular as being cumulative onlv. The Undersigned, &c. (Signed) JOHN ^V. EOSTivii. Prtm, il/arc/t 2ft, 1893. No. 21. The Eiirl of Jiosehenj io Mr. Tapper. Sir, Foreifjn Office, April 3, IS',):!, I HAVE received your despatch of the 2Sth ultimo, inch)sing corrpspnml- ence Mhich has ])ass(>d between (he United States' Agent and yourself, on lli' occasion of your liaving forwarded to him and to fho Arbitrators, copies of the Sii|iiili'- mcnlary Report of the British Commissioners. Tlie action taken by you in this )natter is approved by Her Majesty's fiovein- ment. 1 am, &i'. (Signed) BOSEBEllV. 15 . . No. 25. Mr. Ttipper to (he I'Jnrl of Roseberi)." {Recehed April 7.) My loid. Paris, April 5, 1893. ] HAVE tlio honour to rf>|)Oi't to your Lordsliip, that at the inocting of tho Tribunal lichl yesterday tlic |)roeee(lin^'s were ojx'ucd l)y au applieatiou nuulo hy tho Attdiiicy-Geucral, in tin; n.'inio of iter Majesty's Ciovenuneut, for tlio i)roduetion of tho lt(|)"(>vt hy ]Mr. 11. W. Klliott, on seal life. Sir Itieliard Wehster sup])ort('(l tlu! ajjjdieatiun, and was followed on tie side of the Uiiited States hy Mr. i'helps and ^Er. Carter. Tlie l{epr(>sentatives of tlii! T^nited States denied that n<'r "Majesty's Governinont vcit' ciititled under the Treaty to any order hy IIk; Trihunal for tlu; ])rodu(;tion of tlie (lofiniient as a matter of rit,'ht ; hut, they stated, they were willing to waive their rii^ht (if (ilijeetion, and to furnish a eopy for such use, as evidence, as tho Trihunal iiiisrlit allow Tho Trihunal finally dir(>eted that the doenmcnt should he regarded as heforc the Tribunal, to he made siieli use of as the Trihunal should see lit. Tlie (piestion of the rejection of certain claims for dama[,'e9, put forward in tho Ikitisli Counter-Case, rclerrod to in my despatch of the 28tli ult"nio, was then raised by the United .States' Kepresentatlvos, and the I'^ihunal decided that the matter should staud over for future consideration. ^ir. Phelps then proceeded to propose tlic rejection of the Supplementary H(!port f)f till! British Commissioners in accordance with Mr. luster's notice, of which I lonvanled copy to your Lordship in my despatcii of the 28th ultimo. The argument {]!' tlie T'nited States' Counsel on this point had not concluded when the Trihunal adjourned. 1 have the honour to transmit to your Lordship herewith a rougli proof of tho tiansciipt of the short-hand notes of the proceedings, of which tho ahovc is a brief siiraniary.'"' It has heen arranged tliat these rough proofs, whidi are to he furnished on tlic morning after each meeting to ooth sides, as avcII as to the Trihunal, shall he corrected aud issued in a final shape at the close of each week's jiroccedings. It is believed that when the printers have had more exjicriencc, fewer errors will lie I'nmid than in the document forwarded herewith, and steps have heen taken to incrcdine tho difliculties which are int^vitahle on the (irst occasion of a paper of tliis nature, being produced under great pressure, and in a foreign language. I have, &c. (Signed) ciiARLLs n. tuppi:r. No. 26. Mr. Tupper to the Earl of Rosebery, — {Received April H.) My Lord, Paris, April »i 1«!)3. AT the mceling of the Trihunal held yesterday, tho argument of the United stiitcs against the admission of the Suiiplementary Report of the British Comraissioucis was continued hy Mr. Phelps. Tlin Attorney-General replied on behalf of Great Britain, and had not finished his speech when the Trihunal rose. I have, &c. (Signed) CHARLES H. TUPPER. No. 27. Mr. Tt No. 27. \ipper to the Earl of Rosebery, — (Received April 8.) My Lord, Paris, April 7, 1893. AT tho meeting of the Tribunal yesterday, the discussion Avith regaitl to the admission of the Supplementary Report of the British Commissioners was continued by Sir Charles Rutsell, who, at tho close of his speech, was complimented by the President on the lucid manner in whicli he Lad stated his argument. * Full leU of the correcUd aliort-hand notei, which cover in all 9,336 pagea (folio) of print, will b« ilrposited in the Library of fach House of Parliament. ]f .- ; < J ^ ('-".■1.1 piif !i ■ fill jtif !: ^i• w i '1 Mr. Carter followed on the part of tho United States, and had not concluded whpn the hour of adjoiirniuonl arriv(nl. Tho discussion of this (juestion will, in uU prohability, ho torrainatcd at tin; racetinc to-morrow, (Signed)"'* ''oiIAllLES H. TUPPCR. No. 28. Mr. Tupper to the Earl of Roseheri/. — {Received April 11.) My Lord, Paris, April 9, 18!)3. AT the meetiiii^ of the Tribunal on the 7tli instant, Mr. Carter concluded his ars^ument with rei!;anl lo (he aduii^siou of the Suiiplenienlary Jleport of the Ihitisli Coramissiouers, and after a discussion l)etw(>en Counsel on both sides as to t!io l)(>;n'iii:> of certain ijortions of tlie diplomatic correspon(' nco on the interpretation of the Treaty, tlie Tribunal adjourned till AVednesday next, the 12th instant. The President stated that tho Arbitrators would hold a privuto meeting on Tuesday. I have, &e. (Signed) CHARLES II. TUPPEU. of the receivef printer, the Arb motion Id tlic systi factory, notitic t( joint rei week ; terms ; manner m w No. 29. Mr. Tuppn lo the Earl of Rosebery. — {Received April 13.) My Lord, Paris, April 11, 18!)3. SlIOll'lLY after my arrival here 'Mr. Foster assented to a tentative arrani^einont that the proceedings before tiic Tribunal should bo repo''tcd by a Tjondon liriu of short-hand writers en\ployed by both parties, and that printed copies of the transcript should be supplied on the morning after each meeting to each party and to the members of the Tribunal. Your Lordship has been sup|)li(Ml m ith rough proofs of these reports, and notwitli. standing the printer's errors, in(>vitable under the circumstances, it was cousidered l)y the British Coiuisel and myself that these ])r()ofs, which have shown considerable improvement since the beginning, were not Avbolly unsatisfactory. '['he arrangement was made with tlu; approval of the Tril)unal, and th(> President stattnl, at a recent meeting, that the reports luri\ished had been found useful by the Arbitrators. Mr. Poster, however, in a letter of which T have the honour to inclose a copy, lias expressed his dissatisfaction at the working of tlie arrangement, and suggests that it should be terminated. I have, after consultation with Counsel, addressed to Jlr. Foster the repiy, (if uhich a copy is inclosed, and I trust that your Lordship will approve my action iu the matter. I have, &c. (Signed) CHARLES H TUPPEH. Indosure 1 in No. 29. Mr. Foster lo ^fr. Tapper. Dear Mr. Tu])per, i'rtrw, April 10, 189:!. I REGlMiT to have to inform you that the experience of th(> i)ast week in the elfort to produce a daily verbatim ' rejjort of the proceedings of the Triljunai of Arbitration has not proved satisfactory. Tiie main object bad in view, namely, to '",y before tin; Arbitrators tiie argum«,Mits of Coinisel early '■ . the day following tlioir delivery, has in great measure faih-d. The Cimnsel of tiic United States tind the n>ports of their arguments, as printed, so far from eonvrt aa to make it in great measiu-e useless, and the burden impos(>d upon them of revision is an intolerable tax upon tlieir tinu>, ami this of itself is a suiricient reason to make it desirable that the present armngement be abandoned. 17 Up to the present writing we have not received from your side tlie first reading of the unrcviscd proof of either the first or any other succeeding day. After it is received we shall have numerous corrections of our own to make hefore it goes to tho printer. It is therefore jdain that the revised proof will not be ready to lay before the Arhitrator.H luitil they have considered in secret session, and possibly decided, the motion upon which the arguments have boon made. I do not wish to impute neglect or inefliciency to any one. I merely state that the system whicli we attempted with som'; misgivings has proved entirely unsatis- factory, and should bo abandoned. I have, therefore, to propose that wo at once give notit^e to the (inn of short-hand reporters and the printers that tho ellbrt at further joint repoi'tiug come to an en I ; that wo perfect and print the proceedings of tho ])ast week; that wo s' ttle with the short-hand firm and printers on mutually satisfactory terms; and that any further reporting will be left to cat-h Ag.'nt to be done in such manner as he shall sue fit for the convenience of tho respective Counsel. Very trulv, &e. (Signed) * JOHN W. FOSTER. Inclosuro 2 in No. 29. Mr. Tapper to Mr. Foster. Dear Mr. Foster, Paris, April 11, ] 893. I IJEG to acknowledge the receipt of your letter of the 10th April. I regret the determination you have reached respecting the daily reports of the Arbitration proceedings. I trust you will give this subject reconsideration. I am glad to observe that you make no complaint regarding the actual short-hand ^^riting. Messrs. (Jheror, liennet, and Co.'s reporting is, I believe, considered as pcrrect as it is po8sil)lc to procure anywhere. Tiieir transcripts, I am informed, are invariably used in all the English Law Courts. The correct printing of these transcripts is, therefore, alone concerned. In my opinion, considering the difTerence of language and the very great pressure of time, the work already done docs Messrs. Chamerot et Cie. credit. Tiu'se gentlemen cannot yet be said to have had a fair trial. From the marked itnpmvement shown in each succccKling day, 1 am led to hope that in a very few days the reports will he quite satisfactory. Touching the burden of the correction of proof, up to the present time it has not heen found necessary to ask the British Counsel to revise their speechn at all. The corrections, which are principally typographical and grammatical, have been readily made by one of our staff who heard the argument. If this work becomes too heavy to be executed in the short time available, the ohject in vicAV would be well worth tlie expense of employing a special reader. The Dritish Government attach great importance to an accurate verbatim record of the actual ai'gumeuts used, and, in view of their value to the Tribunal and their obvious utility, I trust you may yet see your way to continue tlie present arrangement. Yours very truly, ; " x ':# (Signed) CHARLES H. TUPFER. No. 30. Mr. Tupper to the Earl of Rosebery. — (^Received April 13) My Lord, Paris, April 12, 1893. I HAVE tho honour to report to your Lordship that at tho meeting of tho Tribunal this morning tho President announced the decisions of the Arbitrators on the questions of the admission of the Supplementary Report of the British Commis- sioners, and of the consideration of the proposal of the United States that certain claims put forward in the Counter-Case of Great Britain should be struck out. I have the honour to inclose copies of these decisions as delivered by the President in French. An English translation was afterwards read by him. Your Lordship will observe that with regard to the Supplementaiy Report of the British Commissioners, the Tribunal has dccidetl that it shall not be admitted for [6911 D .* ■ 1^ ' 'ii an if ♦* } %.. •• .;< 5 P i ■ It the present. Full liberty is, bowcver, reserved to the Representatives of Groat Britnio to make use of the document in oral argument should tluttcr from Mr. I'oster, informing me that he adheres to his proposal for the abandonment of the joint siiorthand reports of the proceedings bcfor(> the Tribunal. It appears very desirable tliat full reports of the speeches on both sides should exist. I therefore proi)o.si', after consultation with Counsel, to continue to employ the shortliand writers and printers on behalf of Her Majesty's Government, and to supply tlio members of the Tribunal witli coi)ies as usual. In forwarding tliesi; copies to the Arbitrators I shall explain to them that the United States' Agent lias Avithdrawu from the arrajigement, that the speeches of the Hiitisii Counsel will be revised by the IJritisIi Agent, and that in order as far as possil)le to insure the accuracy of the rejiorts of the speeches of the United States' Counsel, they will bo carefully read over against the original notes in shorthand. I trust your Lordship will approve of my action in this matter. I have, &c. (Signed) OnARLES H. TUri'ER. luclosurc in No. 31. Mr. Foster to Mr. Tapper. Dear Mr. Tupper, Paris, April 12, 1 893. VOUll letter (if the lltli instant ro<2)ecting the shorthand reports has been received and duly considered. After again submitting tlie sul)ject to the Counsel of the United States and taking their views thereon, 1 regret to say that I am constrained to adhere to the proi)03al contained in my h'tter of the lUth instant. Very truly, (Signed) JOHN W. i'OSTER. No. 32. Mr. Tapper In I he Earl of Jlosebery. — {Received April I i.) My I /Old, Paris, April 13, 1893. AT the meeting ol" yesterday, the I'resident opene! the sitting by announcing llie (l(>eisions of the Tribunal on the two questions which were brought before it last week. I have already forwarded copies of these decisions to your Lordship in my (losj)ateh of yesterday.* in accordance with the arrangement agreed upon between the Counsel on both sides, which was explained to the Tribunal by Sir Charles Russell, as re, :ed at p. 195 (p[ the shorthand notes, Mr. Carter proceeded to open the ease on behalf of the United States' Government. lie commenced by staling that he would lay before the Tribunal a sketch of the controversy frona the beginning, before entering upon a discussion of the particular (liu'stious rthieh had arisen. Mr. Carter had brought liis exhaustive summary of the various steps of the conlroversy down to the negotiations in January 1890, when the hour of udjournmeut arrived. I have, «&c. (Signed) CHARLES U. TUPPER. [691] No. 30. 'P li. m ■Mf - -- ■ --■ r ■' ^ p " ' D 2 f 20 No. 33. The Earl of Bosebery to Mr. Tupptr. Sir, Foreign Office, April 15, 1803. I HAVE rcceivod your despatches of tlio 11th and 12th instant, relative to the proposal made hy Mr. Foster that the arrangcmen' for joint shorthand rcjwrts of the proceedings heforc the Bohrins; Sea Arbitmtion Tril)unal shall be abandoned. In reply, I have to ox])rcss to you my approval of the view you have taken of tlijs mottcr, and of the course yuu propose to pureue in eoiitinuing to employ the shorthand writers and printers on behalf of Her Majesty's Government. I shall he glad to receive from you an estimate of the cost of the staff of reporters, and of printing the reports. I am, &c. (Signed) ROSEBERY. No. 3t. Mr. Tupper to the Earl of Rosebery. — {Received April 15.) My Lord, Paris, April U, 1893. AT the meeting of yesterday, Mr. Carter continued his preliminary sketch of the various steps in the negotiations, and brought this part of his address to a cunclus>ian shortly before the hour of adjournment arrived. While generally confining himself to a recital or summary of the various documents, he made some remarks and criticisms on the arguments contained in some of the more important despatches. Having concluded his preliminary sketch, Mr. Carter then proceeded to address the Tribunal on the law which should govern it in its deliberations, and was only able to make slight progress in this branch of his subject befure the Tribunal adjourned. I have, &c. (Signed) CHARLES II. TUPPER. No. 35. Mr. Tupper to the Earl of Rosebery. — {Received April 17.) My Lord, Paris, April 16, 1893. AT the meeting of the 14th instant, Mr. Carter continued his observations on tlic law which should govern the Tribunal in its decision. Th(! knowledge of this law was, he said, to be derived from the actual practice and usages of nations and from the law of nature, which latter ho argued was best illustrated by municipal law. Having concluded this portion of his address, he entered upon the consideration of the rights claimed by Russia over the regions about Behring Sea, and the rights which the United States might have derived from the Act of Cession of the territory of Alaska. The j^cneral purport of his argument wos that Russia was intent on securing to her own subjects the valuable fur-seal industry, and that by the Ukase of 1821, slio did not claim the waters of those region* as mare cluusum, but merely enacted % protective i-egulation for the purpose of preserving that industry. 1 have, &c. (Signed) CHARLES H. TUPPER. tt ■ ,r6 ! No. m. Mr. Tupper to the Earl of Rotebery. — {Received April 20.) My Lord, Paris, April 18, 1893. I HAVE the honour to transmit to your Lordship copies of the official Frotocols of the first two mcetin<^s of the Arhitration Tribunal. A copy of the first Protocol has already been forwarded to your Lordship in ray despatch of the 24th l''cbruary, but the original and the official printed copies have only been issued this day. Some delay has occurred in the completion of these documents, owing to deficiencies in the organization of the Secretariat of the Tribunal. The remaining Frotocols will, however, be issued very shortly. I hare retained the two original signed Protocols, of which the copies are transmitted herewith. I have, &c. (Signed) CHARLES H. TUPPER. 'I Inclosure in No. 36. {^M Prolocole No. 2.— Stance du Jeudi, 23 Afar*, 1893. LE Tribunal s'est rduni a Paris, commc il avait 6i6 convenu, dans I'Hdtel du Minisl^rc des Affaires fitranj^eres dc France. fitaient presents les sept uiembres du Tribunal Arbitral : L'llonorablc John M. Uarlan, Juge de la Cour Supreme des Etats-Unis, Et l'llonorablc John T. Morgan, Sdnateur dea Etats-Unis, Arbitres designds par les Etats-Unis ; Son Excellence le Baron Alphonse de Courccl, Sdnateur Franyais, Arbitre d^signS par la France; Le Tvba Uonorablc Lord Hanncn, Pair d'Angleterrc, si6geant h la Cour Supremo d'Appel, £t Sir John Thompson, Ministrc dc la Justice du Dominion de Canada, Arbitrea dusign^s par la Grandc-Bretagne; Son Excellence le Marquis Emilio Visconti Yenosta, Sdnateur Italien, Arbitre ddsignd par 1' Italic, Et son Excellence M. Gregers Gram, Arbitre diSsignd par la SuMe et Norvdge. L'Honorablc John W. Foster ct I'llonorablo Charles H. Tupper, Ministrc de la Marine et des PCcheries du Dominion de Canada, assistent i\ la s^nce comme Agents des Gouvernements des fitats-Unis et dc la Grande-Bretagne. Les mcmbres du Tribunal Arbitral s'assureut que leura pouvoirs rcspectifs sont en bonne ct valablc forme. Lord llannen, I'un des Arbitres ddsignes par la Grande-Bretagne, se hivo pour proposer que M. le Baron de Courcel, Arbitre design^ par la France, soit prid par ses colldgues de prendre la Prdsidence du Tribunal. L'llonorable J. Harlan, I'un des Arbitres designcs par les l^tats-Unls, appuie la proposition de Lord Hanncn. Les autrcs mcmbres du Tribunal Arbitral ayant acquiesce k la proposition, M. le Baron de Courccl prcud place au fautcuil do la Prcsideucc ct prouonce les paroles suivantes : « I .I- t^< !' :■■' :|i' I J Messieurs, VoiiB me faites buncficicr de I'usago oourtois qui, dans lea reunions d'un caractire international, attribue au Reprdscntant du pa^-fl oil clles siogeut la Prdsidencc de leurs travaux. Je vuus en remercic pour mon pays et pour moi-meme. Lorsque les Gouvernements de la Grande-Bretagne et des fitats-Unis d'Ami5rique ont di$cid^ de terminer par les voies amiables d'un arbitrage le litige deji ancicn dea pecheries de Bohring, et torsqu'ila oat cboisi Paiis pour ai^gc du Tribunal Arbitral inatitud en vertu de leura accords, ils ont fait k la France et & aa capitalo un honneur iuaigne. J'ose dire que I'une et I'autre en ^taient digues. f r,'.s 83 Nnllo p.irt nsHiuvmenI voiik up siuirii'^ trimvcr l'atiii(iNpli("'ri' d'un iiIuh Hiiici-re, d'uni' plm chiilounni.si; Hynipathic pour I'n'uvri' n'liiiidi' ct Iiohik' (|iu' vihik ("tcs cIiiiij^i'h df poiirNiiivri'. \ travcTM luH clio(;8 ot lo.s epriMivcs nt ule eprouvees dan< I ■■; liatites et les plus delicatcs t'onctions de la magistratnre, on dans Ics disenssimi d'asseniMi -: politiques renommeos pour leur prudence. A cot>' d'eux, je vois sieger un honnne d'i'!:!|. sni;e beritier de rillnstre Cavour, et dont la diplomatic Europeenne. aux eonseils de lacpii Hi il mantpie n'a pas cease de rcgrctter la retnu'te ipri'maturee et voloidaire. Un autre dc iii.- collegues, venu dn Nord Si andiiiave, et (jue sa reputation a devanee ii'i, oecui.ait naguere vis, do roinmiin nrnml, (Ics iUTiiiin't'iiuMils jiour fiiiio st(''ii()giiiphii'r clinqiic joiir li'S dcbats (In Triliiiiinl. 11 ».'st dt'clavw que Jo puhlic sera adinis mix dt-bats, sui' la prdsentation de cartes iioini natives delivrees lar l(> Secivtairo dii Trihimal. Aiiisi fait a I'nris, lo 'J3 ^Iai'3, 1803, ot out sigiio: Le President ALI'II. DE COirROEL. L'Ageut des liitats-Uuis .. .. JOIFN W. FOSTKl?. L'Agent de la Grande-Brctagne .. CHARLES H. TUPPEll. Le Secrdtairo A. IMBERT. [English version.} Protocol No. 2.—Meetinfj of Thursday, March 23, 1893. TITE Tribunal assembled nt Paris, as had been agreed, at the French Ministry for Fovpii^'ii AlTairs. Tiicro were present the seven members of the Tribunal of Arbitration : The Honourable John M. Harlan, Justice of the Supreme Court of the United States, And the Honourable Jolin T. Morgan, Senator of the United States, the Arbi- trators named by the United States ; His Excellency the Baron Alphonse de Courccl, Senator of France, the Arbitrator named by Fxtinco ; The Bight Honourable Lord Hannon, Lord of Appeal, And Sir John Thompson, ^Minister of Justice for the Dominion of Canada, the Arbitrators named by Great Britain; His Exc(dlcncy the Marquis E. Visconti Vcnosta, Senator of Italy, the Arbitrator named by Italy ; And his Excellency M. Gregers Gram, the Arbitrator named by Sweden and Xonvay ; The Honourable John W. Foster and the Honourable Charles II. Tupper, ^linister of Marine and Fisheries for the Dominion of Canada, were present at the mcctiuy as Agents for the Governments of the United States and Great Britain. The members of tlic Tribunal of Arbitration assured themselves that their rpspective powers were in due and valid form. Lord Hannen, one of the Arbitrators named by Great Britain, rose to propose that his Excellency the Baron de Courccl, the Arbitrator named by France, should be requested by his colleagues to assume the Presidency of the Tribunal, The Honourable John M. Harlan, one of the Arbitrators named by the United States, supported the proposal of Lord Hannen. The other membeis of the Tribunal of Arbitration having agreed to the proposal, Baron de Courccl took the chair as President, and delivered the following address ; Ointlftiuen, You have been ]>lon(- ' y^f. , 1 tf 'T m^^ T .1) I, ::i- 1,1 W\m • - ■ 2-1 •-• ' ■ .1 This ia the aim of procedure by arbitration, and oaoli new rocourtio tn it brin(!:.4 \w noamr t that end, \>y furniabiug another proof of tho actual pugsibility ui that whiuh, oviin vuntLnlay ■eemod but a druam. Some yoora ago, by tho pcaooful authority of adociHJon which two proud and noworfiil niitii)nii had previously agrood to accept, the Arlntrator* asnuniljiod ut Geneva put a nappy cad to a dispute which it aeomod at oue time oouid only terminates in war. The Qeneva Arbitration was an epoch m international relations. It iniy bo said to Imve reviTed the old law of nations, and opened to it a now era with a buuudleHS proHpect of iiciiu- ficent oonsequoncos. The two nations which submitted to tho Geneva verdict, in spite of tho sacrifices wliiih nt first it seemed to involve, have evidently not in tho long run repontuil of tiicir apiicul to moral force, for to-day they renew that appeal by common couRcnt, in niialngouH circnnistances. It '\» true that the cause that is to be pleaded before us ia not one which apparently would lot Ioohc the Kourge of war ; but, short of war, how many evils are caused to nations by laHtiiig coldnosH and by the persistence of bitter sentiments. Like iiuliviilnal i, na'ions owe a \ [691? E ' '■Iff "^ '■ it ■' 3''*i ,! :■(: 26 No. 38. . Mr, Tapper to the Earl of Roaebery, — {Received April 21.) Jly Lord, Paris, April 20, 189n. AT the meeting of yesterday, Mr, Carter continued his argument or ilio (jupstion of the allosrcfl pro])('rty interest of the United States in the fur-seals. Ilis remarks were in the nain din-ctpd to an examination of the question as fn what constitutes property, and M'liat are tlie riarhts and responsihilities of those in wliom the property is vestod. He had not conchided this portion of his ara;uraeiit wlicn the TrJ! anal adjourned. I have, &c, (Signed) CHARLES H. TUPPER. No. S9. Mr. Titpper to the Ear J of Tloseb-try.-^ {Received April 22.) My Lord, Pari^, April 21, 189:i. AT yesterday's meeting, Mr. Cartes continued his argument on the ' Ucsred property right of the United States in tlie fui'-seals. lie proceeded to a^iply the principles of property whicli lie had enumerated on the previous day to tho ciisp of tho seals, and for this purposo entered at some Icngtli into the question of their habits, their management hy the United States on the islands, and their capture both on land and by pelagic sealing. llo criticised the Report of the British Commissoners at some length, and claiinod that owing to its biassed character, the opinions expressed hy them shoidd be discarded hy the Tribunal. He had not concluded this povtion of his argument when the Tribunal adjourned, I have. &c. (Signed) CHARLES U. TUPPER. No. to. Mr. Tupper to fhc Earl nf Ronebery.— {Received May 1,) My Lc.ii, Paris, April 24, 1893. AT the meeting of the 21st instant, Mr. Carter continued his ar^'ument on tiie claim of the United States to property in the fur-seals. He concluded the tirst head of this s\d)je'rt, which deals with the claim to property in the animals themselves, and then proceeded to argue that the T'nitetl States had !»lso a property interest in. and right of protection of, the industry carried on at thi^ Seal Tslandfl. He hwl not flnished liis ohservatlonH on this jioint when tlie Tribunal rose. I hiive. &c. (Signcl) CHARLES H. TUPPEH. No. 41. Mr, Tapper to (hf Karl of Rosebery,— (Received May 1.) My Lord, Paru>, April 2C, 1893. I. REGRET to inform your Lordship that, owing to an attack of influeuza, Lonj Hanaea was luiable to attend tlie Tribunal of Arbitration to'day. 97 Ilis Lordship'i* lucdical adviser is of opinion tlwt iio will bo unable to resurao \v i duties for some days. It was theircfore decided by tbe President, Huron dc Courcel, tbat the Tribunal jlioidd adjourn until Tuesday, tlie 2n'l May, by wbieh diite it is hoped that Lord Iliinueu '.vill be sufficiently recovered to resume his attendance at the meetings. I iiave, vVc. (Sigued) CIIATILES H. TUlTEll. No. 12. Mr. 'JTupper to the Eurl of Rosebery. — {Receiced May 3.) ily Lord, Parh, May 2, 1893. I ILiVE the honour to transmit to your LordNJiip copies of the official Protocols Nos. 3, -t, and 5 of the proceedinafs before \\w Bchring 8ea Arbitration Tribunal. (Signed)" ' ' o'ilAllLEiS IL TUPPEU. 1. ,^ I'- «.■■' 'i ^:^% '-^'M • ►■:!*^'^!i' .. :i- Intbiurc 1 in Ko. 42. Prolocole No. 3. — Seance du Mnrdi, i Aviil, lbU3. LE Tribunal s'est reuni u 11 he;iivs 45, tons los Arbitn^s »''tnnt pi'^s«,'iitB. Le Pre'iident anuone»> que le Tribunal a decide hi nomination dc; M. A Builly- Blaiichard et de M. Cunyughanio, conimt Soeretain^s du Tribunal, eonjoiutenient uvec M. A. 1 filbert. El ance. A la reprise de ia rn'oace, le Pre'aide^U d«)inre ce qui unit ! — " Lt? Tribunal onlonne (pie le susdit d()eument s<»r.i consider^ comm« «'tant dornnt lc Tribunal pour -l'nis (Idiuic iilors IttMiiic th's iikiIkmih sdivjinlos : — "I. l/Agonl (IcM l'!(M(N-riiis tlosirc mtpt'lcr I'MfltMitioti dn 'rriltutinl (r.\vl>i(i,ii;i> »ur 1« fait (jm< I'Aircnl tlo Sa Majcstc Hntaniiiunc a |iuilo i\ n.-, .'(VDnaiMHiiiicr, iiar ui lotlrc n\ (la(o dd 'Jfi Mars (Icinior, (juil avail I'livojt'' li rlmciiu drs luomlii-i'M dn 'riiliiiital tlos I'opics (m\ tln|ilira'!i (Tiim ' liapjiiirl Sup|>li'iuiMilaii)< iIcn ('omntis-nin'd Hrilni)itii|ni'iii|ii('inii'M ilr la Mcr (li> Uolirin ;;■ " l/Akfoiit «l<>s lilals-liiis, (M) vaiMiii Triltnnal <|iu< lo dut'innrnl iloiit il H'ai^it no sml pas pris i-;i iM)nsi(lrii d <)n'il hh nlo\inu'> a I'Aijcnt do Sa Majcslr. par Ic molif tju'il •'•-l pn do rAiln- lne>' «<> (pii, daiix la diMiiaiidc da (ininirnomciil df la (Jfaiido-nrt'lairiw. a trail 11 la s >iM.io iiicnIiiMmci" i^i la pa)r>' :'i."» dn <"(>ntn'-Mi'initiri> dii dil »ii)n\iM'iu'niiMi(. tMiniiu' a_vai\( « fi- dopciiM'o pour irais oiM-asjiimnw par la pi'i>i>(M|iin< di'vaiil la ('luir Siipi'ivii,. tlos I'liaS-s-l i\is ; " l!l d'<'\r!ui(^ aiivsi di' I' Vrliilrau'i' la ri'i'lamaliini ol rcipuMo dii lurmc (imnniuv mmf t|\ii (IjtitnMit i> la dito pai^i' '.W'k tiMidanl a co ipic Iin \rl)ilt'(>s ('(aldissiMil ipii'ljc priso till (]tu>II(W pvisiw ainau'iii pii i'>lri> (>lVcfl»ii'(N par 'i<is4 fail** par lui aii\ propviolaii'os ('aiiadions di> liiUinioiils oniplnvo-* a la oli.asso dos pliiiipio>< ; " 111 tpio toiilos pi'oinos oil lolls lomoi);:naiti promos 011 lomoiunaixos so Iroiivaiit au\ p:iiro>i 'JITi a 'JJ'.I ihoIiisim- inoMt dii roino 11 do 1' \ppondioo audit i'onlro-Mi'uioiro. " 1,0 rondouioMi do la uiolimi ou dos ni.ilions ipii pr 'oodoul osl ipio los roolanii- tioHs 01 «piosuoiis siisuionlioiiMoos soul, oiisoiiililo os pour la proniii^ro Ixis dans io t'onlroMt'inoiio dit (ioiivornoinonl i\i' la ♦ irando-MitMniino o( nirannino d'ollos, onsoinl>l(> on on parlioiilior, no so rapporlo. nj no so n'l^in\ par \oio At' roplupio. '.(nt au Moinoiro Ao^ Istals-I'nis, soil i^ i|iioi ipio cc »o»t tju'd oonfionno, si tu'> n'osi on {'\'' ipTollos londout i^ Moulonir dos r«'«olainalions cii doiuiuacos-intoivis prosoiitoos i'\pr(»ssoiiiou! dans lo MiMiioiro orit;inal dii (Jouvonic- mont do la Urando-Krolairno, ol (pu>. on I ml ipi'ollos (oini)ont sous oollo dr-llnilMii. losdit<>s doinaiiilos soul iir(t do roiuovor i\ iino poriodo iiltorionro do lit prooi'vlini' la disoussion do la mvondo motion prosontoc* au nom dos Ktils-I nis. I.' liotuirulilr i . J. /'Ar//)v doxolopp;' dovaiil lo Triliniial los arf^iinionts a I'lpiim do la pivini^ro motion, oollo ipii osl rolatix' au ISapporl Snpploinontairo dos Ci Muniis. sjiin's Hrilinniiiuos A I h 11 Iiouros l\0. ouros. la soaiioo osl lovoo ol lo 'rrilnmal s'ajour no au lond ontaiii a Aiusi fait a Parix. lo i Avril. lstajfno liO So oii'tairo AI.IMl. OK COIIKIKI,. .KM IN \V. l"()Sri:i{. ("iiAinjis II. Tiirn;!! A IMMKIIT. [Kii^HhIi version.] Protocol So. P.~\tepi>r.ii of Tiitudnif, Jiml t. ISO:?. At IVio tho Triiiunal assoinhlod. all tlio Arltitratiirs hoiiiur prosonf. Thf Pf:.M,irr\l annoiinood that tlu '"rilninal had dooidod to ajipoinl Mr. A. Hailly Hlfinoi»:inl and Mr. t'linvnirhanio as oo-Soorolario< with M. Imlh'rt. A1.«o, M. lo CMicvalior Uajuotti, M. lleari I'oor, and M. Ic VioomU^ dc Munnovillt i»s Assistant Swrotflrios. ri 30 Tlif Vrrsiihnt ninioiitUMMl llm( lli<< 'IViliiiiiiil wuh nviil}' )«> liciir niiy iiioiioti Ity nillinr „| ||i(- imrlirn. SirChnilrn liiixsrll lUvw ^|nlkl^ !IM(I i\\ (Im« climr oI' \\\h h|M'I'('|i he NUt>mit('\uiiu; tiii'tiiiii : " Tlinl llif AtfiMil of llii> lliiilt'd HlntcH hr cnllril ii)ii)ii lu prodnn' Mw oriKiniil or a i'irlili)'iiinii'nl ilcnlrM Ihiil Hit Hriltinniii Mhji'hIv'h novcrn- niiMil i'' •'iitiMrd, niiiirr )li<' |it'ovisionM ol' tlir 'rn'itly, Io imy onliT Uy I.Id' 'Irilinniil for Ihc |iriiilni'liini ol' lhi> (lociiinrnt N|M'cil|iM| in Mir motion, iih ri niMltrr oT rii^lil. " 'I'Ih" rnilnl SIiiIi'h' ( io\ crnninil. Iiovvcvi-r, tn willini; Io wiiivc (ho I'nr an il in idiH'i riMMJ) ill* lij^lil 111" olijnlinn, nnil Io rnrnisli Io llii' Ai^imiI of Her MiijcHly'n (iiiMioMMMil !i ro|iy i>r lln> (iocnin'Mil n-riTriMl to. I'nr wnrli mmc mh <'viili'n«'<' nn Mm Tnliiiiiiil iniiy ilrrni |M'o|mn read Ihc rollowini!; inolioim: - "I. 'I'hr Aui'iit ol' llif |i|iiti'd HialiK dcNins Io hiitiL; to the altnition of tlio TiilinnnI dismisH friiin the Arhitratioii ,so inneli id llie demand of Ihe (iovernment of (Jreat liritain as ri'l.'ites to llie sniii slated upon p. Mlo of the ('oiinler-(!nse of the said (iovernment Ut iinv:- lieeii inenri'ed on neeoiint of expenses in eoime(dion with proceed i iiifs hefore tim Sii|iieiiie Court of the Dniled Slates ; " .\nd, also, to (lisniiHs from the ,\rliitralion the claim and rc(|iieMt of tlie satim (Invernment, mentioned on said p. .'Ho, that the Arhilral.ors find what i^afidi fir <'ate,lies miv'lil have heeii taken iiy pi lat,'ie senilis in llehrini,' Sea without iiiidue diminution of till' .seal lierd diirini; the iieniiency of Ihis Arhilnitinn ; "And, further, to dismisH rroin the Arbitration the claim of the same (Jovern- nii'iit, mentioned on Ihe said p. ^Ho, to show payments hy it to Mi<: Canndian owners of scalinf^-vcHNels ; "And tiiJil all proofH or evidence reialiiif^ to the fore^oinK 'daims or mailers, or ritlicr of Mieiii, lie vtricken from tlie Hritisli (lounler-Cnsc, and in particular thoso t'lmiid on p|i. 215 t'ase of the (loveniment of (Jreat Jtritain, and that %n far as tlicy come under that head Mm matters are irrcLfiilar as heini( cumulativR only." The i'rpsident having remarked that tlir> tnotions should Im? considered sflparatcly, and that the discuNsioii upon the Hccnnd motion hrniight forward hy the TJnl.tod Btatiii, should h(} pootponcd to a Ruliso(|uent period of the {irocglnmonts communs, ct, dans I'affirmativc, (picls d<'vmiont fitre ces iWgle- ments." Le Tribunal suspend alnrs sa smnce. A la i-eprise. Sir Charles Russell continue s«m arg«imontatio«i. A 4 heui^j la stance est lev(!e et le Tribunal s'ajourne au luudemaiUj ii 11 heiires 30. Aiusi fait a Paris, le 6 Avril, 1803, et ont signc : Le Prdsidcnt ALPn. UE COUR(JKL. L'Agont dcs Rtats-Unis fOlEN W. I'OSTEU. L'Agtmt de la Grande-Brotaguc . . CHARLES U. TUPPEU. Le Sccn'-tairo A. IMHERT. !^ [English version.] Protniol No. 4. — Mrrtiitg of IVednesday, April 5, 1893. At ll'lo A..\i. the I'ribunal assembled, all the Arbilrators heing present. The llcniourithlr E. .T. Phelps citntiniiod Ills speech of tlie previous day and concluded his aririiment. Mr. James C. Carter uunouncexl tluU he had no additional remarks to oA'er. ^V Charles Russell opposed tlie motion under disimssion on the I'ldlov iii!.' grounils : — "That the Su]>plementary Rejjort of the British Comtui»si(iuers, dated lIil 31itit January, 1893, is presented solely with rofenmce to the question of Regukitioiu, i«id, under the provisions of the Treaty of Arliitmti«)n of the 20th Eebruury, 18'JJ, is properly presented to the Tribunal, and so shoukl bu considered by them in thorve.it of tiioir being oalled uptm U> determine, pursuant to Article 7, vrliat, ii |;ncd) A. lUiLLY-BLANCHAnD, H. CUNYNOHAMK, CHARLES H. TUPPER. A. IMBERT. •} Co-Secretaries. Inclosure '.\ in No. 42. Protocole No, 5. — Shnce du Jeudi, 6 Arril, 1893. LE Tribunal s'cst rj'mni h midi o.t domi, tous les Arbitros a.m. Done at Paris, the (itii April, lb'.):{, and signed : The President VLPIT. UE COURCEL. Tiie Agent for the I'nit.-d States . . .lOllN W. POSTER. The Agent for Great Riitaiu .. CHARLES H. TUPPER. The Secretary A. IMBERT. Translation certified to be accurate : (Signed) A. Baillt-Blanchard H. CCNYNOnA.ME, ■•I ! ' .'1 •- . •} Co-Secretaries. li^m .1 IH f !■ • »-, ,V ."' « %: 82 No. 13. Mr. Tupper to the Earl of Boaebery. — {Rectmd May 4.) My Lord, Paris, May 3, 18!)3. AT the meeting of the Tribunal yesterday, Mr. Carter continued his arguiiuMit, claiming for the United States tiie right to employ force upon the high seas for tin.' dofenet; of its proi)erty interest in the fur-seals and in th<» industry of tl>c seal islands. Having brought his observations on this point to a close, Mr. Carter proceeded to discuss the question of regulations. This course was followed in accordance with an tii itingemont arrived at by the Counsel on both sides, whereby each jnuty sho\ild be at liberty to present its argu". mcnts on the legal questions an'' r''i,'ilations .sepani'jly. A dif.oussion arose on this (question, which your liordship will find reported on pp. 525-528 ot ine shorthand notes. Mr. Carter maintained that the regulations to be made by the Tribunal slioidil not be confined to BehringSca, but should extend outside that area M'herever neeesiity i-equired tliem. The United Suites, he said, had no regulations to propose save one, namely, the total prohibition of the killing of all seals anywhere on the high seas. After a Jelailcd criticism of the s<*heme of regulations proposed by the British Commissiom'i'i, Mr Carter brought his long speech to a conclusion shortly before the hour of adjourn- ment. Mr. Coudert is to follow Mr. Carter on behalf of the United States at the next meeting. I have, &c. (Signed) CHAKLES H. TUPPEU. No. 44. Mr. Tupper to the Earl of Rosehenj. — (Received May 5.) My Loi-d, Paris, May 4, 180;V AT the meeting of yesterday, Mr. Coudert opened his speech, on behalf of tliu United States, which he said would be mainly devoted to a statement of the facts on which the argument of Mr. Carti-r depended. But before proceeding to a rofital of these facts, he wished to add something to what had been stated by Mr. Carter in reganl to the "self-defence" of the sealing industry. Ilis opening observations were therefore directed to this question, and he had not concluded this portion of his subject when the Tribunal adjourned. I have, iVe. (Signed) CIIAHLES II. TUPPER. No. 15. Mr. Tapper to the Earl of Rosebery. — [Received May 6.) My Lord. Paris, May 3, ISO.!. AT the meeting of yesterday, ^fr. Coudert continued his speech, and alter sonic observations on the issues before the Tribunal proeinxled to a detniled examination ot the facts connected with seal life, which he had. I have, &c. (Signed) CHARLES U. TUPPEU. lil "i^'M 88 ■ ' No. 46. Mr. Tapper to the Earl of Rosebery. — {Received May 8.) My Lord, Paris, May 6, 1893. I HAVE the honour to transmit for your Lorrlship copies of tho official Protocols Nofl. 6, 7, 8, and 9 of the proceedings before tho Helirin|jf Sea Arbitration Tribunal. I have, &c. (Signed) CHARLES H. TUPPER. Inclosurc 1 in No. 46. Prolocole No. 6. — Se'ance du Vendredi, 7 Avril, 1893. LE Tribunal s'est r^uni i\ 11 hcures 40, tous les Arbitres 6tant pr^ents. L'Honorable E. J, Phelps appelle I'attention du Tribunal sur certaincs erreurs dans Ic compto rendu st^nographiquo. Le President fait observer quo les seuls comptcs rcudus officiels garantis par Tautorit^ du Tribunal sont les Protocoles ; la rosponsabilite des notes des stiSnographes incom1)e exclusivement aux Agents des deux Gouvernements. Mr. James C. Carter reprend alors son argumentation pour les Gtats-Unis. Lc Tribunal suspend sa seance h 1 hcure 30. A la reprise, Mr. Carter continue et achi^vo sa plaidoirie. Les Conseils des deux parties echangont niors, avcc I'autorisation du Frdsidont, quclqucs explications compl«5mcntaires sur des points so rattachaut aux plaidoiries qui TJcnnent d'avoir lieu. L'Honorable E. J. Phelps nyant doraandi^ ensiiito que Ton proc6di\t i\ I'examen de la secondo motion, lo Tribunal declare qu'il fcra connaitre ses intentions ^ ce sujet dans la prochaine seance. A 3 hcures 50 lu seance est lev<5e et lc Tribunal s'ajournc a Mardi pour une rdunion privutrer imnukliattMnent en matit^re. Sir Charles liussell fait connaltre Tordro dans lequel il a ete convenu que Ips Conseils pr(5scntcraicnt Icur argumentation et ses indications sont confirmees \m Mr. James C. Carter. Le Pre'sident ddchiro que le Tribunal agrcera la manifre do proceder arrfitee ciitre lc8 Conseils, mais il demande i\ ceux-ci de vouloir liien, autant (lue possible, dans liiir argumentation, traiter separement la discussion des points do droit et celle des lluements «'!ventuels h in tervenir. Mr, James C. Carter, aprds avoir remereie la Franco de son accucil hospitalier, commence son plaidoyer pour les iStats-Unis. Lo Tribunal suspend sa stance i\ 1 heuro 30. A la reprise, Mr. James C. Carter continue son expos6. " ( ^Wj w scussioiis do as A !■ hfiuvs hi s«;anco est lovoc ct lo Tribunal s'ajouruc ou lendcmaiu, ii IX licui'i's ;jo Ainsi fait « Pnris, Ic 12 Avril, 181)3, ct ont signu : Lc rrdsident ALril. DE JOURCEL. i;Aj,'(>nt (Ics l<;iats.ITnis . . . . JOHN W. FOSTER. I/Agont (le la Giandc-Bretagnc . . CHARLES 1£. TUPPER. Lv Secretaire A. IMBERT. [English version.] Protocol No. 7.— Meeting of Wednesday, April 12, 1S93. THE Tribunal assembled at ll'lO a.:m., all the Arbitrators being present. The President then read the decision of the Tribunal with reference io tho "Siipiilcnientary Rejjort of tlu! British Beliring Sea Commissioners," dated tiic Jllst January, 1S'.)3, the admissibility of wliich was llio subject of tho debates which took place at tlio previous meetings. Tlio terms of tlic decision arc as follows : — " It is ordered that the document entitled a ' Supplementary Report of tho British Bchring Sea Commissioners,' dated tlic 31st January, 1«{)3, and signed by George Baclon-l'owell and George M. Dawson, and delivered to the individual Arbitrators by the Agent of Her Britannic Majesty ou the 2oth day of March, 1893, and which contains a criticism of, or argument upon, the evidence in the documents and papers previously delivered to the Arbitrators, be not now received, Avith liberty, however, reserved to Counsel to adopt such document, dated the 31st January, 1803, as part of their oral argument, if they deem proper. "The question as to tlic admissibility of tho documents, or any of them, constituting the Appendices attached to said document of the Slst January, 1803, is reserved for further consideration, without prejudice to tho right of Counsel on cither side to discuss that question, or the contents of the Appendices, iu tho course of tho oral ar^'ument." The President then read a second decision of the Tribunal. This decision which relates to tho application of th<> Honourable E. J. Phelps, ])resented at the close of the prcct (ling meeting, and having reference lo the consideration of the second motion of the I'nited States, is worded in these terms : — " It is ordered that tha Argument aiul consideration of the motion made by the United States of America on the Ith April, 1893, to strike out certain parts of the Countcr-Casc and jiroofs of the Governmcut of Great Britain, bo postponed until such time as may be horealter indieatej by the Tribunal." The President then expressed the desire of the Tribunal not to spend time in discussions on i)roceduio, but to enter as soon as possible upon tho main question. IFe accordingly invited the Counsel to address themselves immediately to tho matter at issue. I?//- Charles Russell indicated the order in which it had been agreed the Counsel would present their argiuneuts, and his statement was contirmed by Mr. James C. Carter. The Presidtnl dcclaied that the Tribunal would approve of the mode of proceeding aijiTod upon l)y the Counsel, but he requested tiu'm to bo kiiul enough, as far as possible, in the arrangement of their arguments, to keep separate the discussion on tho mailers relating to riglit, and those relating to the Regulations which might eventually he proposed. Mr. James C. Carter, after thanking Prance for her hospitable reception, began his argument in behalf of the United States. At 1"30 the Tribunal adjourned for a short time. On reassembling Mr. James C. Carter continued his argument. At 4 P.M. tlie Tribunal adjourned to the next day at 11*30 Bono at Paris, tbe 121 b Ai)ril, 1803, and signed : The President ALPH. PE COURCEL. The Agent for the United States. . JOHN W. FOSTER. Tho Agent for Great Britain . . CUARLES H. TUPPER. The Secretary A. IMBERT. Translation certiflcd to be accurate : (Signed) A. BAIUiY-BLANOHABD, ' 11. GnNTNOHAUB. •} Co-Secretaria. I J t f:: [1 i. ■t; ■ [691] V 2 i mm Inclosure 3 in No. iti. Prolocole No, 8. — Seance du Jeudi, 13 Avrilt 1803. LE Tribunal s'cst ruuni i\ 11 licures 10, tous los Arbitrcs dtant presents. Mr, James C. Carter rcprend sou itr(;unicntation. A 1 houru 50 la sunnce est suMpcnduu. A la reprise, Mr. James C. Carter continue sa plaidoirie. A 4 heures, la stSauuu est levee et lo Tribunal s'ajourno au lendemaln 11 heures 30. Ainsi fait t\ Paris, lo 13 Avril, 1803, et ont sigu^ : Le Pr»5sidcnt ALFH. DE COURCEL. L' Agent (les Rtats-Unis .. .. JOHN W. FOSTER. L'ARont de la Orande-Bretagnc . . CUARLES H. TUPPER. Lo iSecr vnrioiiN t*liai)^«'N of froiil on tlio part uf tliu Unilcd States wliieii had taken plaee Niiu*e the h<>KilllUll^ of tlie diploniatie. eorreHpohdciuT and t<> the novel propo.sitions of law ])i'oi)<)iiii(le(l hy the I'nited Statett' Counsel. Sir Charles then prtH'eeded to deal generally with the ar^unientn in tl>e «pet>cli('s of Mr. Carter and Mr. Condert, more especially with the attacks made upon tlio 13ritisli Commissioneni and uiton pela^^ie sealini;. He had not con<'luded his preliminary statement when the Trihunal rose. Sir Charles' opening spei-eh w.'is listened to witli j,'reat interest by the larj^rst audience of the public whieh has been present since the e(nnmencenu>nt of the sittiuL^s. 1 have?, &e. (Signed) ClIAllLliS 11. TUPPEIL Mr. Tupper to the Earl of Rosebery. — {lirceived May 12.) My Lord, Pnria, May 11, 189;{. I HAVE the honour to Irnnsmit to your TiOrdship, herewith, copies of the ofllciai Protocols of tho Bchring Sea Arbitration Tribunal, Nos. 10, 11, 1*2, 13, and l.^. I have, &e. (Signed) CHARLES IL TUl'PEll. IndoBuro 1 in No. 51. Protocole No. \0.— Stance du Mardi, 18 Amil, 1893. LE Tribunal s'cst r«5uni il 11 heures 30, tons les Arbitres <';tant presents. Lf President, hk I'onverturc do la seanet', se reft'-rant u qnel([ues paroles qu'il avail {)rononc6e9 i\ la tin do la s«5ance preeedente, declare (|iie si, dans le conrs des plaidoiiiis, es Arbitres sont ameni^a i\ presenter de» observations ou a adrcsser des questions aux Conscils, ees observations ou ees (luostions ue doivent pas ^'■tre considen'rs commc cxprimant unc opinion de lu part de I'Arbitre (pii les ibrmiile, et encore mollis commc ougagcant le pays auquel il ai)partient. I'llles sont simplement, pour Ic Tribunal, iin moycn d'ohtenir, des reprcscntants des parties, un eclaircisscment plus cociplct des points en discussion. Sur I'invitation du President, Mr. James C. Carter continue alors son plaidoycr. La sdance est susiwndue a 1 heure 30. A la reprise, Mr. Carter reprend son argumentation. A 4 heures la s^nce est levee et lo Tribunal sajourne au lendemain, u 11 heures 3U. Aiosi fait ii Paris, lo 18 Avril, 1893, et ont 8ign6 : LoPrdsidcnt ALPH. DE COUllCEL. L'Agont des fitats-Unis . . . . JOHN W. POSTER. L' Agent de la Grande-Bretagnc . . CHARLES H. TUPPER. Le Secretaire A. IMUERT. <•« V b-fi^*' 30 [Knglisli vpraion.] Protocol So. 10.— A/rr/inj/ of Tucsilmj, April 18, 1893. TTTE Trihunal nssc^mblod at ll'JJO a.m., nil flic ArhitnitorH Ixuri^f prosnnt. The Prfsuhnt, at the opoiiin^' of llio moufin;^, rrfi'rriiitf \n a frw ruinarkH which ho had nmdo tit tlio end of tiin pnuHuling sitting, niinounrcd tlint, it' in tho uourso of tho nrgiimpntR, tlio Arhilmtors wcro lead tn tnnktwdtHorvntions or to nddnwH (|iicflUona to CoiiiiHcl, tliosn n1)s«>rvatioiis oi- (|ii(>HiioMs iiiiist not hi^ connidorod hh uxpressinfi; any opinion on tlin |)urt of tli(> Arliitrntor m'Iio innkcH thnm, and Ntill inss aH binding tho country to which he l)»'lonf;M. 'I'lii'v arc Niniply, so fur wn tho Trihunal is uonccmod, the means of obtaining from the n^presontativos of tho parties a more complete olucida* tion of tlio points under di8cu.ssif)n. Upon the invitation of the President, Mr, Jiimea C. Carter then oontinuod hii ar^imont. At 1"30 P.M. tho Trihunal took a recess. On tho reassembling of tlio Tribunal, Mr. Cartrr resumed his argument. At 1 P.M. the Tribunal adjourned to the next day, at ll'.'JO A.M. Done at Paris, the 18th April, 1893, and signed: The President ALPH. DE COURCEL. Tho Agent tor the United States The Agent for (Jreat iiriiain The Secretary Translation certiticd to bo accurate! : (Signed) A. BAiLLY-UiiANciiAnD, II. CUNVNOnAMR, } JOHN W. FOSTER. CHARLES II. TUPPER. A. IMUEllT. CQ-Secretnrie$. ':■ (t . <> •"/Pi Inclosurc 2 in No. 51. Protocole No. 11. — Stance du Mercredi, 19 Avril, 1893. LE Trihunal s'l'st ruuni a 11 hcurcs 30, tons les yVrbitrcs utant prdseuts. Mr. .James C. Carter roprend son argumentation. La seance est suspenduc i\ 1 heures 30. A la reprise, Mr. Carter continue sa plaidoirie. A 4 heures, la s6auco est lev6u ct lo Tribunal s'ujourno au londomain 11 hcurcs 30. Ainsi fait u Paris, le 19 Avril, 1893, ct out signd : Lc President ALPII. HE COURCEL. L'Agcnt dcs fitats-Unis . . . . JOHN W. FOSTER. L' Agent dc la Grandc-Brctagnc .. CHAllLES H. TUPPER. Lo Secretaire A. IMliERT. [English version.] Protocol No. ll.—Meeting of Wednesday, April 19, 1893. THE Tribunal assembled at 11*30 a.m., all tho Arbitrators being present Mr, James C. Carter resumed his argument. At 1*30 tho Tribunal took a recess. On the reassembling, Mr. Carter continued his argument. At 4 P.M. tho Tribunal adjourned till the next day, at 11-30 a.m. Done at Paris, the 19th April, 1893, and signed : The President The Agent for the United States . The Agent for Oi-eat Britain The Secretary ALPII. DE COURCEL. JOHN W. FOSTER. CHARLES n. TUPPER. A. IMBERT. Translation certified to be accurate : (Signed) A. BAiLLT-BLANcnAUD n. CUNYNGUAME, •} Co'Secretaries. t^>=-- 40 Inclosure 3 in No. 51. Protorole No. 12.— Sf'anre dti Jeudi, 20 Avril, 1893. LE Trihnnnl s'ost rcuiii i\ 11. houros HO, tons los Arl)itres otnnt prd^jen^s. L'.Ai^cnr (;cs fttats-rnits luit renuittro au TriJmnu! im rccupil do "Citations (^nipruiiU'os a dcs ouvrafjos do JmisconsultcB et d'Tsl suspondiio i\ 1 lieure 30. A la reprise, 3/;-. Carter continue son plaidoycr. A 4 hnurc>^ la st'^nce est levde et le Tribunal s'ajournc au Icndoinain a 11 houros 30. Ainsi fait i\ Pi;n8, lo 20 Avril, 1893, ct ont sipfn^ : 1.f Priisid(5nt .. ALPH. DE COU?.CEL. i;Agentd««aK'.at8-Uni8 .. .. JOHN W. POSTER. L'Agcntde la Grande. Btttcgnc .. CHARLES II. TUPPER. lAi Secr(5taivo A. IMBERT. US^M'l [Eny;Vm]i version.] Vrolocul No. \2.-^Meet'mj of Thursday, April 20, 1393. TUK 'I'lihunal nssfMulilod at 11-30 a,m , all the Arl)itra'nr« Ijeinpr present. Tlu' AL,'pnt for the United States ('iMis"d to he deliverivl to the Tribunal a collection of " C'i;;;.i()ns fV< n the ^vritiM^s dl' -lurists and Economists ns an Appendix to tbo Argum.'iit ;>r tl-!- I'nit.d States." Mr. Ji'virs C. Carter resumed his arginnent of tho preceding day. Al l-.'50 th<' 'iVihunal took a recess. On reass''ii!.hrmsj Mr, Carter continued his argument. At !■ i-..v:. iiic Tribunal ndjo)n'ned to tho next tlio 'rriliunal took a reccsH. On rrasscnibiin!,' Mr. C'arler continued liis iirgumont. At t I'.M. tii(! Tribunal adjourned till Tuesday, tbc 2otli April, at ll'SO a.m. Done at hiris, tbo 2lNt April, 180;J. and sij^nod: IV Tresident .. .. .. ALIMI. UE COURCEL. Tlir A^'ont for tlip United States .. JOHN W. l-'OSTEll. I'lic Anient lor Clrent liritnin Tlir Sooretary Tnuislation ('crtifled to be accumte; CIIAIM.KS II. TUPrER. A. IMBERT. II. CUNVNCJUAMI;, ^Co.i,ecrelar,es. Inclosurc C in Nf., 51. nrotocnle No. li.— Seance du Mardi, 25 Avril, 1H93. 1,E Tribimal s'r.st rouni a 11 bcures .30, tons los Arbitros (jtant presents, u lV\e<'i)ti()n (!(• Lord llaiuien, wtenu cbez Ini jwur eauso do maladic. .S/';- Rirliiiril Wi-U^trr sc l^Te jKmr dc^clarcr (|U(> totite dtVision du Tribunal en vuo (rune suspension 'Ic ses travnux, pendant le temps neeessaire jionr assurer le complet n'tal)lissenii'iit de Lord llanncn, serait eonl'ormc aux desirs des C(mseils du Gonverne- inen! Hrit;inni(|U<'. L'lloiionililf E. .J. Phelps s'exprimo dans lo inline sens, an nom des Conseils du fiDUvernenient des Ktats-lJnis. Lr Prr'.ildrnt iait alors eonnaifrc quo le Tribunal a deeido de u'ajoumcr jusqu'au Mardi, 2 Mai, \\ 11 l.eures 30. Aiiisi I'ait a I'aris, le 25 Avril, 1S03, et ont signd : L<' IV'sidont. ALPII. DI) COURCEL. L'Agent des J^tats-Unis .. .. JOHN W. EiJSTKR. l/AKent de la (Jramb -Bretagno . . CHARF.KS II. TUPPER. 1^> SeerjJtaire A. F.MHKUT. [Enf^lisli vewion.] Protocol No. 1 l.—Mertiiiij of Tufsduy, April 2'., IHl);}. THE Tiilmnal assembled at ll'.'U) a.m., all the Arbitrators beins? present witli the exccptio:; (»!' l.ord llaMiicn, eondiied to bis Ikhiso by illness. Sir llirliin.l Wibstvr rose and stated that any decision of tlie Tribunal as to n Mispciisjun III' its laliiiurs during tlm time neeessary to insure tl.e <'om|>li'le recovery of Lrd llaiiMcii, would be in aceordanee with the wishes ol" the Counsel of the British (iovernment. Thr Hditoiirahlr E. ./. Phelp.i expressed himself to thn same elTict in the name of the ('ounsel of the (iovenunent of the United States. riie Prmldnit then announced that tho Tribunal bad deeiE COTTRCEL. The Agent for the United States .. JOHN \V. TtJSTKK. The Agent for Great Britain .. CHARLKS II. TUPPER. TheSecretery A. IMREll'l. Translation certilled to be accurate : (Signed) A. Baxu-y-Blanchard,! ^„ q,-„/„,;,, H. Cukynohamk, / Co.Secretar,es. : '^^^P . V'll [am] if) 48 So.it. Mr. Tapper to the Earl of Htebert/.—^Receired May 17.) My Loitl, Parig, Mai) 15, IH!):! ON llir ntli instunt the Af.t.on»py-G<'nprnl, a1'*^»^r a furthpr cominout on tin. r(>forenoes made by tli** United States to the Keporl of the Britisli Coniinissioin is, discussed at some length the liistory of tlu* seizures of ktiiiti<»4 vessels in UelirinijSi'.i liy the United iStates' (io-ernment, the grtniiids on wliicli tin* «w«*>Ih had been londeniuiMl. ;ind the eonsequent liahility of tlie I'nited States in t-i»»' ^'»nt of the Arhitriitms !leei(liM!» tliat the seizures were not ju8tit?al)le. The Ariifunient was crmtinued on the foUowinp day, speejnl refc^nsnee fjriiis ma Ic tn the llovised Statutes of the Inited States dfaliii!,' with tlu" '.erritory of Al''xka, aiitl to the imx-eedinijs iih the United States' District ' ourt at«^ that in the Ca>te pres**(»»t^'(l m Jiehn' " of tlic Unit«*rt Stall's on tli<' jurisdi<'ti<»^ ovr rkf waiters df Bflirintr Sea alleijf^d to bdn^e been exen»w«l oy itiissia for the |j«»»te«ft'kO!i nf flie sent fisheri*-.-. and tliat it wan **ot until tin- of tli.' < Ouiiter-C'ase ,.'.i(l Argument ili;it this i)oi^k)n of flic Case wa*i declared to ... • oinor iniportaMfi-. The Attorney-General further pointed ## that now that t!i<* |)im»T of Im^ l'»iii.il Sfrttcs' f'as"- I'lintalMiiiL.' the erroneous tninslat'i'-i.- of tiic Ituss'an d«K'umeiii> nax* lii'<'ii Mitlidrawn ii" proof ri'irwined of any exercise of tii^se rijjflil of jurisdieti^Mi In Kii-vii. The Ari^iiineMt on this question hml not eoneladed wl»eii the Tribunal ;t«1ioiini< d (Sii^ned) CHARI.ES K. TIU'PIK. No. 53. Mr. Tiipper to the Enrl of lioKebery, — {liereived Miiy 2(i.) My Lord. Parh, Mtnj '.>;i, IWK). I MA\'K the honour to Imnsmit to your liordship copies of the oirn-ial .'Votoi uN Xos. 15 to 18 of the proeccdin!j!i before the 13ehrin<; Sea Arbitration 'i'ribunal. I have, s lli^'i^leineiii-. ct prend ;iete de ce 3, et out sii?m'> : Le IVesidenl .. . ." . ALPII. DR COUiUMM- I/Aficnt des i'itjits-IJnis .. JOHN. \V. FOSTKU. L'Ai,'s»niecl and concluded his argument ou the matters relating to iii;lit As lie was procci'dinji to deal with the ((Uestiun of Regulations, Sir Charles Ihtssi-ll observed tliat the Counsel of (Jreat Ilritaiu would in tho discussion keep ;il)s(iliiftly separate matters relating to right, and those relating to Regulations. Tlir l*rrs!dviit recalled tlie fact tliat the Tribunal had decided, witliout prejudging the (picstion of right, to give to Counsel on each side, who had agreed upon this point, lull liliurty t(» ariimge their arguments insueh manner as they thought most convenient, l)iit always, as far as possil)k', so as to keep the questions of right distinct from tlie Ili>L!;ulatioi)s, and added tliat the Tribunal took note that both parties had decided to dvU'V to tbis desire. At V'AO tbe Tribunal to(»k a recess. ( )n i-eassembling Mr. Carter finished his argument. At ;J3() I'.M. tho Tribunal adjourned till tbe next day at 11"30 A..M. Dene at I'aris, tlie ^nd A[av, 180.'{, and signed : Tbe Tresiden't . . .. . . ALl'll. DV> COURCEL. Th(! Agent for die United States .. .lOlIN W. FOSTER. Tlie Agent for I Jreat Rri tain .. CHARLES II. TUPPER. The Secretary A. IMBERT. Translation ecrtilled to be ac(!umte : (Signed) A. JUu.i.v-liLANCiiAftD 11. CUNYNOilAME, .}c, Co-Secretaries. ■' i i ) ■ 1/ it- d t ■ It ; Inclosure 2 in No. 5;$. Prntocoic No. W.—Seauce 8urc 3 in No. 53. Protocole No. 17.— Seance du Jeudi, i Mai, 18!)3. LE Tribunnl s'cst rruni ii 11 heurcs 30, tons les Arbitn-s i':tant presents. Mr. Frederick li. Coudert reprond sa plaidoirio do la veilic. La siSancc est susputulut> a I itoure 30. A la reprise, Mr. Coudctt contiimc son ari^unionlatiun. A 4 heures, la seauco e.st levee et lo Tribunal s'ajourno au londoinain u 11 houres 30. Ainsi fait h Paris, lo t Mai, 1803, et ont signu : Lo I'resiih'iit L'A''ont des i';tnts-Unis L'Agont do la CJrande-Bretagnc Le Sccivtaire ALIMI. DE COURCEL. .1011 N W. EOSTER. CHARLES ir. T UPPER. A. IMBERT. m « [English vovsIdu.] Protocole No. 17. — Meeting of Thursdny, Mmj t, 1803. THE Tribunal assoniblod at ll'3() a.m., all llii! Arbitralors bcinir pri'sont. Mr. Frederick Ii. Coudert vesumod his argument of tb(> prt!fcding day. At 1*30 the Tribunal took a recess. On reassembling Mr. Coudert continued his argument. At <1 P.M. the Tril)unal adjourned to tbe next, tlay at ITGO a.m. Done at Paris, the 4th May, 1803, and signed : The President The Agent for the United States . The Agent for Gn>at Brit^iin The Secretary . . . . Translation certilied to be accurate ; (Signed) A. BAiLLY-BLA'-cnAiin II. CUNyNOU.VMK, Alil'll. 1)K COURCEL. JOHN W. FOSTKll. CHARLES H. TUl'PER. A. IMBERT. '''^Co- Secretaries. Inclosure 1 in No. 53. Protocole No. 18. — SeMiice du Veiidrcdi, 5 Mai, 180;5. LE Tribunal s'est reuni h 11 heures 30, Ions les Arbitres etant presents. Mr. Frederick Ii. Vouderi reprend son argumentation. A 1 licuro 30 la seanee est suspendue. A la reprise, Mr. Coudert continue sa ])laidoirie. A 4 heures, la 8caucd St-ites was eorreet. This interpretation is, :is your Lordship is aware, the assertion of a right of property iu the seal-lierd, and till' si'aliM',' industry. Sir (Jiiarlt's jjroeeeded to reply generally to Mr. Career's arguments on this head, anil entered into the (piestions of the all"ged domestic eiia-aeter of the seals, tlie int(>r- iiiinu;ling of tlm so-eallcd iierds, the length of their str.y on the islands, and the pdssiliility of identitieation. lie then '•ommcneed an examination of the propositions of la\\ put f(H'ward by Mr. Carter in this eonneetioii, and had not eoneluded this portitm of his subject when the Tribunal rose. T have, &e. (Signed) CHARLES II. TUPPER. No. oC. Mr. Tupper to the Earl of Rosrbery. — {Received May 20.) -My liord, Paris, May 25, 1803. AT the meeting of yesterday, Sir Charles Russell proceeded with his examinations of tli(! legal propositions put forward by .Mr. Carter, and dealt witli ihe various iiiitliorilies cited in tlie printed ArgumtMit of the United States, which, he argued, t Ml iiely supported the British contention with regard to ti»e question of property in the fur-seals. lie supph*mented these authorities by citing those quoted in tiio British Counter- t'lisi' iind Argument, and, after alluding to the French laws on the sul)jeot of proptnly ill animals, conuludc^d his observations lor the day with an explanation of the bearings iif natural aiul moral law on the |irinci[)l<3s of international jurisprudence. I have, &c. (Signed) CHARLES U. TUPPER. hh'- 46 No. 50. Mr. Tapper to the Earl of Rosebery — (Received May 27.) My Lonl, Paris, May 26, 18!»;t. AT \\\o, mooting of yesterday, Sir Charles RuRst^ll, after briefly supiilotnnitin:; his remarks of th*< procodiiig day, pr()ct><>dod to a dotniled examinatitm of tlie prinicd argument })y Mr. I'lielps, which appeaitt on pp. 130-171) of the Argument df tli,. United States. Your liordsliip will remember that the subject dealt with tlicriin is the chiini «if the; United States to an interest, an industry, and a eommereo in tlif produce of the seni-herd and to a riglit of jtroteeting the same, irrespeetive of nm distinct right of property in tlie seals. Sir Cliarles had not concluded his criticism on Mr. Fhelps' argument whni tlir Tribunal rose for th(> day. F have, &c. (Signed) CHARLES II. TUIM'KU No. 57. The Earl of Rosebery to Mr. Tnpper. (Telegrapbie.) Forriyn Office, May 29, 1k;)3. IN view of what has iwissed in the arguments l)eforo the Tribunal reaiM'etin;,' the effect «»r tl»e modus rivendi of last year, I think it must bo loft entirely to your discretion to decide, in con»>iiltation with (.'ounsel, whether any claim for ccmipensatiim under Article V of the Treaty of the 18th April, 18t)2, shall bo pressed on l)eliall' of llcr Majesty's Government. No. 68. Mr. Tapper to the Earl of Rosebery. — (Received May 31.) My Ix)rd, Paris, May .10, ls'.»;}. AT the meetiiiir of the Trilmnal on the 20th instiint, Sir Charles llussell eontiiiacJ liis examination of the illustrations and cases cited by Mr. Phelps in th(^ printcil Argument of the United States, and was dealing witli the analogies sought to lie driiw:, from lei;isliitiiiM in Ihitish Colonies and various foreign countries in regard tn m:ii fisheries, wlien the Tril)unal adjourned for the day. r have, &c. (Signed) CUAllLES II. TUi'lM;i;. No. 50. The Earl of Rosebery to Mr. Tripper. (Telegmphio.) Forrhjn Offire, May 31, 1H03. VOIJ may authorize CVmnsel to state to the Tribunal that an arrangement li:i- been condndeil witli tlie Hnssian (loveniment for the prohibition of :ealing witliiii i zone of 10 miles from tli(! Itussiun coasts in Hehring Sea and other jwirts of (lie Ni^itli I'aeitle Ocean, ,"iii(i of ;iO n Mes round iiie Conunander Islands and Kohben Islaiul ; ilii» arrnngement to lie a provisional ono for the iiresent year, and without prejudice In lli'- rights or piit!nn of eilher I'ower. The correspondence will be laid before I'arli.iiiM'ii' fortlnvith. it ni;iy al^o lie stated that, although no ollicial reply has hijen receiMil nii the subjiet of the M'i/.ures made by iJussian erui/.ers last year, it is understnuil ili.ii these are juxtitled nii the ground that the vessel wet'U seized for acts just commidxl iii KuMilan ternturial waters. <• No. 60. Foreign Office to Colonial Office. Sir, Foreign Office, May 31, 1893. I A^t directed by the Earl of ll«se])fcry to forward, for the information of tho Mai'ijiiis of llipoii.H paruphi^se of n telegram* whieh has been addressed to tho British A^fiit for the ikOiring Sea Arbitration in res^nrd to the possible claim of Her Majesty's (iiivf'iriinent for compensation under Article V of the Treaty of Washington (»f the istli April, 181)2. That ArticU> ])rovi(les that if the decision of the Arbitrators should affirm the right of Hiitisli sealers to take seals in JJehrinK Sea within tiie bounds elainu'd by tho United Sinti's, IIhmi < iipcnsation should bo made by the Unitiul States to (ireat Dritain (for the usi- of her Mihjects) for abstaining from the exercise of that right during the pendency (if till' Arbitration uiM)n the basis of such a regulated and limited eateh or catches OS, in till' opinion of the Arl»itmtoi-s, might have been taken without an undue limitation iif tlic sral herds. Furth«>r, the amount awarded, if any, shall be such as under all the oirciiiiistanees is just and e(|uitable. As a jnatter of fact, howt'ver, it has been found that while the United States, uiuli'i" the woiius vivend! of last year, were restricted to a eateh of 7,500, the pelagic cati'li, iilthough the sealing vessels kept outside the prohibited limits, was larger than ill pn'vious yoars. This fact has been strongly brought forward by tho United Stall's" Counsel before the Trihunal. If is jiot probaltle that, under siieb eireumstnnees, the Arbitrators would consider ilial tlie Uritish seah-rs were, under any eireumstanecs, entitled to eompt>iisation for o loss of catch (luring 1HU2, and it is possible that the British Case might bo prejudiced liy till" claim being urged. This view of the case was represented by Sir 11. Webster, who was in England for two ilays oM the 2<.Hh and 30th instant, and l/tiil UoselMMy thought it was better at imi'f to inform Mr. Tnpper that the (pu>sti(m wlusther the claim should be advanced must lie left to his discretion in consultation with the British Counsel. Mis Lordship has no doubt that Lord Ripon will concur in that view. I am, &e. (Signed) T. II. SANDERSON. .;t '';.! . '.:;"!. ' ;:t I. y mt Mv l/ird. N". CI. ^fr. Tapper to the Karl of Rosebrry. — {Received June 1.) nuns iiini nor only seal lisiieries nut also other nslieries, more especially tnose ot pearl, iiinil, iiiitl lierriiiu', are protected by extni-territorial laws of otlier nations. He passed listened to with deep interest Ijy ;, large audience, was thanked by the President for the vigour and incisiveuess (iT lii, argument. Sir Kichard AVebster then oikmiwI his sneeeb, and addressed himself t examination of the tirst four questions of Articu^ VI of the Treaty, which he had m\ sneeel ich^ V III !in concluded Mben the Tribimal adjourned. I have, i^c. (Signed) CIIARI.ES II. TUPl'i:i{. No. (J3. Afr. Tiipprr to the Earl of Rosehcry. — {lieceived June II.) My Lord, AT the nieeti Paris, June 2, lHi);j. njf of yesterday. Sir Richard Webster continued his argument with regard to the llrst four questions under Article VI of tho Treaty, and discussed tin' interpretation of the exju'cssions "North-west Coast of America" and " I'acillc (Jcran,' as illustrating the Tivalies of ]82i and 1826 between Russia and the United States and Russia and Great Britain respectively. Sir Richard lad subsitantially concluded this part of his argument whci Tribunal adjourned for tho day. T have, &c. (Signed) CHARLES II. TTT1M;I! the No. Gi. Mr. Tapper to the Karl of lioselmy. — {lieeeived June 5.) My I^)rd. Paris, June 3, lS',i;t. WITH reference to my despatch of the 18th Ajjril, I have the honoiii' t' transmit to your Lordship copies of further correspondence which I have had witi. General i'oster respecting the shorthand notes of the proceeilings before the Tiil)iii!!i! of Arbitration. I have, &c. (Signed) CHARLES U. TUri'i:!!. Inclosurc 1 in No. Gt. Mr. Tupper to Mr. Foster. Dear Mr. Fo.ster, I'aris, May \(i, li^W. HAVING reference to your recent request for copies of the daily report cil Sir Charles Russell's argument, as well as of tho revised ])roof of it, when ready, it (mcihv to mc that the experience gained by us both since the date of our corrcspoiuhMuv mi the subject of the shorthand notes, may enalile us to resume the ariflng(>ment oriuinallv contemplated, whereby the expense of tho work m'ouUI fall eaually upon the rnitd States and Great Britain. If this is possible, I shall of course be happy to supplv mui with complete copies of all the shorthand notes, and will see that they are regularly supplied in future. I laid upon your desk to-dav three copies of tho printed Report of Mr. EIIii)tt. Mr. Stanley-Brown has also asked for and received a copy, and Mr. AVilliams, oiu' of the Counsel for tho United States, has expressed a desire for further copies. I take it that the printing in the case of Mr. Elliott's Report may be fairly 40 consiilert'd n joint eliarge, and if you ngrcc I slmll l)c glad to su|)|)ly you with copies cquni ill number to tlicme rccoivt'd by us. Vou Wire j;(U)d cnougli to supply us with copies of Mr. Cnrti'r's argument as n.'viM-(l by him. Of course, if we reeiu- to the slinrthanding ns a Joint ehari,'!', we shiill be iiappy to bear iuilf of the expense of the talvint,' and printing of Mr. Cavtrr'«i nruunicnt. If, however, you ilo not feel inciim-d to brar half of thf eii«il of fhf printing with us, 1 «ill send \ou copies of tlie Ucjiort of Sir CliaHi's Russril's ar|,Minient when revised. Yours, &v. (Siirmd) C1IA1!M:s II. TllTEll. Indosure 2 in No. <54. Mr, Foster to Mr. Tupprr. Pear Mr. Tupper, Purls, .V/./ 17. IHJCl. ACKNOWLKDOINCJ the receipt of your Uator of the Kttli instant, I beg to remind you that you have mi.sap])rehended the purport of my cunvcrsiition to which vttu refer. Its object was to ascertain what further number of copies of Mr. Carter's argument you desired, and 1 incidentally in(|uired whether you would deliver to us Sir Charles Russell's argument by nu>ans of the daily reports or in the revised form. I expressly disavowed making any recpiest on the subject. I regret to have to say, in response to your suggestion, that the events since our last corrcsponcU'iuH! on the subject have not lead to any change of view on the part of the Representatives of the United States as to the practicability of the daily shorthand reports. Our Counsel reganl them in the Dianner reproduced in the morning after each session, so fur ns they are cocccrued, as entirely uusittisfactory, and as not serving any useful purpose. 1 um sorry not to bo able to concur in your propositiim resjK-eling the printing and distribution of the Elliott Report. The United States does not propose to nuike it evidence in its behalf. It has been printed by the British Government without tho knowledge or approval of the Representatives of the United States. If it is intro- duced as evidence by the Uritish Uovernnicnt, and thereby made a part of its Case, it wonld scorn to be a fair claim on the part of the United States to be supplied with the same number of copies of it as have been heretofore furnished of the other printed documentary evidence accompanying the C'a8«3 and Counter-Case of CJreat Britain. I hold mys(!lf ready to furnii ii you with such additional number of copies of ^Ir. Carter's argument as you may desire. I am, &c. (Signed) JOHN W. FOSTER. No. Cm. Mr. Tiippi'r Id the Eitri of Ruscbvnj. — {Itcivivvd .lane Tt.J My liord, PnrLi, .Imip :\, IsDH. 1 HAVE the honour to inclose, for your Lordship's infornialion, copies of a letter wiiieli, with till- ap[)roval of Counsel, I addressed to Mr. roster, and of bis reply with regard to the t[Uestion of the ownership of sealing vessels engaged in the liehring Seu lishery 1 have, &tc. (Signed) CHAltM;S Jl. Tl'lTER. Indosure 1 in No. (55. Mr. Tuppi^r to Mr, Foster. Dear Mr. Foster, Pari-i, May 20, 1 803. DEFERRING to the suggestion advanced on p. 130 of the United States' Counter- Case that some (tf the vessels for the seizure of >vhich damages arc claimed by Her Majesty's Government, were owned by citizens of the United States, and to the promise made to the Tribunal by the Attorney. General on the 11th May, that, if [m] \i '"T ^ if ' ' ,ii'i'i' ■■■fiM. r ^tii; , t>.' .,. 11. UkM K* ^'i ^'W ^'\ .. \ 11 i 1 f I t • m ''11 iKMiftiliU', til*! Arltitrittora iiliuuld not l)c' tr<»ublfsfnt udviytl 1 shall hav«! to (u n may In*, Tor nu; to conut to an arrangtMucnt witii you u|iiiit in tin* irdintir,\ w. y, hut Mr. Uosciiwitz ha|i|M h. at tin> pri-scnt moment to he in I'aris, and I wouhl sui;i;i'st that a tan- way if elii-iiin; the :ieliial faets Hoidd Ih', t4uit we shonlil examine, and lliat y»iu should eross-e.xanuiu. Mr Moseowity. in the |»re>euee of a shorthand wiitir. His rvidenee miulil tlnii li laid hel'ore the Arhitrators as material for a doeiition if this should he thou^ht neees>:ii\ hy either side I nni, iV;e. (SiKued) CnAlll.KK 11. nd'i'Klt. Inrhwuiv 2 in No. ((■*>. .\/r. Fitter to Jtf». Tupttei. IH-ar Mr. Tui.per. Pari*, May 27, \HW.\ I II.VVK the honour to nokn<»wled!;e the nreipt of your eoiumuniention th instant, in wliieli von inl'nrm me that n Mr. Hoseowit/ " happens at th(> nn'M'iit moment to Im' in I'aris, ' and, in view of ecrtain proofs ad Ineed in liehalf of the Uiiiti-^ Htates re«i|teetini; him, you sn^i^'st that he Is* examined and eroHs-examined hen* fur the pm-pose of snhmittint( his ('videneu to the Arhitrators as material tor a deeisionmi their part. .Vn e.xaminntion of the Ti-enty undi>r whieh the pendint; .Vrhitration is eonstitnli'4 must satisfy you that I have no power or authority t Cmm' Count«-r-CaHe, and printnl Argument had heen wuhmitted and while tin* oral arKunu'iit w.is in proixrt'KH and near its elos<>, to vxninine an important M'itne8.s on itN lM*half, wlicii the witnt'sses of the other party, wh )H<> testimony mii^lit he mati*rial to refute hin statenu'iits, were (l,(HM) miles away, and who eould not he reaehod in timt; to Huiimii their testimony to the Tribunal. Ileferrini; to your inquiry as to w lu'fher we ean agree upon the fnets in dispute in .)rder that the suggestion of Nir Charles Ilussell might hi< made* etfuctivu, 1 Imvi pleasure in saun;.; that I am pre|Mired to coneur with you in any statement of l':u'N |iri»|Hr to he considered hy the 'I'rih liefore that Modv. ihunal and warntnleil hy the (;videnei; now legit iuiatiK In closing I heg to mmind yon that the sugger'tion ". . . , that Honw> of tlir vesseU for the st'i/ure of whieh thnnaifeH were elainied hy Her .Majesty's (iov(>iniii('iit were owned hy citizens of the United States," wan not for thu tli"st tinn- advaiunl hy the United Ktates in the Counter-('ttM>, as will Is* swn hy reference to the Cast' nl the United States, Appendix, vol II, p. j^U3. 1 am, &r. (Sigm'd) .lOllN \V. F<).STi:il. No. m. Mr. Tuiipn to (hi- l\iirl af Ronrhnii. — (Ufcrirrd Junt 7t,\ My Loitl, l>,iii.s,Ju,ir :t, ivii.i I ll.WK the honour to transmit to your Lordship copies uf the olUcial I'rol mm No-s. l!) to 2i'l of the proceedings before the Hehriui; Sea .\rhilration Triliiinai. 1 have, t&c. (Signed) CilAHLliS II IllM'Ml. « IncloMirc 1 ill No. (M(. Prolorole So. \\).— S/nnce ,lu Mimli, fT ,W*i, 1803. LK Trihmial sVttt n'liiii i* 11 Im>iipo<» .10, touM Irn Arhitnii <niUM> i«Mt MiiH])pnilu(>. A 1ft n'|ir.M', Sti. Coutleri arh^vo mi |)lni\v pour nnnonpcr nu Tribiinnl, nvniit quo !••> ('()iiN«'ilN(li' In (imn(l<>-Mri>tjii;ni> coiiiiikmici'iiI l('llrau^llllu>ntntion,<|lM', (liuiHHn n'>pli<|ui>, i* <.'n|)|)uii>m Hiir toiitoM |i>h dtntioiiR i>t ]m>po)(itionH contiOMiict (Inim l'Ari;unu>iit (1<>h KtiilM-lniH, (U> la piit;i- \'M\ a la |mK(> 104). l.e Pre'$'nlfHl iloiiiii' ncto i\ rilonomhlo I'^dwnnl J Phpl|>N ttu df^lnrntion. A 4 liuiin'R la aiiC' est li'v^«' vl lo Tribunal H'ajoiirnu nu l<>n(l«.'mnlii i^ 1 1 iH'urei* 'M). AinHi init n I'niis, li> Mni, IHO.'), ct out wiifm; : h- l'r.Hiaoiit .. ALl'll. DE COUUCKL. l,'Ai;»Mit (l.'H Ktftts.liiiH T()IL\ W. FOSTKR. I.Ai;.iit ililadniiul.'.HntamM' .. CHAHLKS H. TIIITEU. !>(> MtH-rvUiiru A. IMHEUT. [Kiiglifh Vuminn.j Piotorol \o. \0.~Meffin(j of Tumday, May 0, IKOa. THE Tnltiiiial aNM^mhled n\ 11 SO a.m., nil the ArhitmtorH Immhi.; prononh Mr. Frrihrirk II. Comlrri ii'Munutl Ihk nr^uincnt. .\t I'.'IO tlu- Triltuiml took a nrcsfi. On rni'twinldinf,', .\/r. Vnuilrrt ntnclutlitl IiIh nr^umnnt. 'Vhr Ihnnurtihlr Kiliritnl ./. I'helpn roM« to inform tlio Trihiinnl, iM'fon* tlio Coui\wl (il (irtiil Hritain conimi-nrt'd llit'ir nri^unK'nt, tlint in Idn rrply lit> would ndy upmi all the .'lutlioriticH and i)ointM rofcrrcd to hotwcon pagcH l priiitcd Arijiiinrnt ot tlu* I'niffd .Stat<'M. Tlir I'n'niilent miid that thf Tribunal would tnko note of tlio llonoumblit Edward .1. I'hi'lps' declaration. .\t 1 P..M. till" Tribunal adjourned to tbc next day ftt ll'HO a.m. Done at Paris, tlie Otb Mav, 1HU:{, and signed : The I'reHid.Mll AM'II. DE COUIICEL The A«ent for tbe Initnl States . . .lOlIN \V. FOSTEIl. Tlie AKent for (Jroat BriUiin .. CIIAKEES II. TIJ ITEll. Tlie Seen'larv A. IMHEUT. Tmnslalion eertilled to In> neourntc: (Signed) X. Haii.i.y-Hi.a.vciiaui) II. CVNVNailAMK, •|co.S Sfrrclariet, IncloMuro 2 in No. (U). Pro/orn/i» \n. '!0. Sf'nnce du Mrrrrrdi, 10 Mni, 189.1. I \,\\ Tril)iuial nVut n'miii n W buures .'10, tons le» .Vrbilreii riant presenti*. l.'A!,'enl des l-Itals-lr f i i dislril urr aiix nieiiibres ilu Tribunal le eonipt" rieniiirniplii((ue, revu et 'Mrrij{e, dt* rarginnetitulion tie Mr. Jamen t'. Varter, Sur I'invitation du i'l-uHident, Sir Charla tiu»trll eomnuMico mi plaidoirie |)uur la p ndue a 1 lii'ure .10, A la repriHe, .S'l-- iVirti/f* niinKfll eonliniu< son argumentation. [0)l) 11 2 "• f :':. IMAGE EVALUATION TEST TARGET (MT-S) /. mp, 1.0 I.I 11.25 1^ 12.2 Hi uk U il.6 i Hiotograprdc Sciences Corporation 73 WEST MAIN STREET WEBSTER, N.Y, 14580 (716) 872-4903 4^^ #? ^ /^/ /!<>. 6^ k '11 :f^ : 52- A 4 hcuro.s, la seance est Icvde et le Tribunal s'ajourne au lendemain a 11 heures 30. Ainsi iait a Paris, lo 10 Mai, 1893, ct ont signe : Le President . . L'A lo Ti'lhiinril rc'-scrvo son appreciation de (m's questions, tout en laissant a Sir Cliarles Russell ploine liberte de traitor le sujet do U mani^re qui lui conviendra. La seanc'o est su>«pendue i\ 1 heure 30. A la reprise. Sir Charles Russell continue sa plaidoiric. A 4 heures la stance est lev6e et le Tribimal s'ajourne au lendemain h 11 heures 30. Ainsi fait a Paris, le 11 Mai, 1893, ot ont sign6 : Le Pr&ident ALPH. DE COURCEL. L'A gent des fitats-Unis .. .. JOHN W. FOSTER. L'Agont de la Grande-Bretagne . . CHARLES H. TUPPER. LeSecr^aire A. IMBERT. W.^' [English version.] Protocol No. 21.— Meeting of Thursday, May 11, 1893. THE Tribunal assembled at 11*30 a.m., all the Arbitrators being present. Sir Charles Russell, in continuing his argument, announced that on a future day he would submit on the part of Great Britain a list of the findings of facts, which the Tribunal was requested to make under Article VIII of the Treaty of Arbitration. 53 The President remarked that thcso questions would be considered hy the Tribunal with full liberty for Sir Charles Ilussoll t(^ deal with the matter as he thought proper. At 1*30 the Tribunal took a recess. On reassembling Sir Chailes Russell continued bis argument. The Tribunal adjourned at 4 p.m. till 11-30 the next day. Done at Paris, the lltb May, ISO.*?, and signed : Iho President The Agent for the United States . The Agent for Great Britain Tlie Secretary ALPIf. 1)E COURCEL. JOHN W. FOSTER. CIIARLES n. TUPPER. A. IMBERT. Translation certi fiord to be accurate : (Signed) A. B.\illy-Ri.anchaud, 11. CUNYNGUAMi;, ' jco-ii- ecreUtnes, ■..!■ rgument for Inclosure 4 in No. GO. Protocole No, 22.Seance du Vendredi, 12 Mai, 1893. LE Tribunal s'est reuni k 11 heures 30, tous les Arbitres etant presents. Sir Charles Russell reprend sa plaidoirie. La stance est suspendue h, 1 heure 30. A la reprise Sir Charles Russell continue son argunoentation. A 4 heures la seance est levee et le Tribunal s'ajourne jusqu'au Mardi, 16 Mai, a 11 heures 30. Ainsi fait k Paris, le 12 Mai, 1893, et ont signe : Le President ALPH. DE COURCEL. L'Agent des Etats-Unis . . . . JOHN W. FOSTER. L' Agent de la Grande-Bretagne . . CHARLES H. TUPPER. Le Secretaire A. IMBERT. 1 heures 30. [EngUsh version.] Protocol No. 22.— Meeting of Friday, May 12, 1803. THE Tribunal assembled at 11-30 a.m., all the Arbitrators being present. Sir Charles Russell resumed his argument. At 1-30 the Tribunal took a recess. On reassembling, *')/• Clmrles litisscV contumcHl his argument. At 4 P.M. the Tribunal adjoiinu'd until Tuesday, the Itith M:iy, at 11-30 A.M Doue at Paris, tlie 12th ilav, 1893, and signed : The President The Agent for the United States . Tlie Agent for Groat Britain The Secretary ALPH. HE COURCEL. JOHN W. FOSTER. CHARLES IL TUPPER. A. IMBERT. Translation certified to be accurate : (Signed) A. BAiLLY-BLANcnAuii H. CUNYNGUAME, •} Co'Secretaries. Inclosure 5 in No. 66. Proctocole No. 23.—Sss, and'more unfounded assertion of jurisdiction than the Kiissian claims under the Ukases of 170!) and 1821. He then e.X])lained the nature of the Ileguhitions su!j;gested hy Great Britain, wliieh are founded upon those put forward in the Eeportoi the British Commissioners. Sir Charles proceeded to refer to the recent agreement with I'ussia Un- a modus rimnii in regard to the seal llsheries. Il(> asserted that on the part of I'ussia there, li.id been no claim to property in the seals or the sealing industry, that a zone of 30 mill's was considered sufTicieut for the protection of female seals, and that no seizures wore asserted to bo lawful but those of vessels whose boats hud been llsbing iu territorial waters. Some discussion arose as to tlu; propriety of the reference to this sul)ject, in regard toAvhich I beg to call your Lord Reports of the United States' Treasury Depart- ment in my possession, neither the Manchester nor second Golf Reports are found, it Mould therefore be necessary to apply to the Secretary of the Treasury for co]iie5, should it be decided to accede to your request. But, in consultation with the Counsel for my Government, it is not d(>(>med ju'opcv by them that the terms of the Treaty as to evidence should bo departed from at tliis late day in the proceedings, especially as neither of the Reports in question have been cited in either the Case or Counter-Case of the United States. Very truly, tic. (Signed) JOHN W. FOSTER. m 'ont on tlic 50 No. 76. Mr. Tapper to Ihc Earl of Rosebcnj. — {Ileceiird June 21.) My Lr d, Paris, June 20, 1893. A i' the mcotlns of tho Tribunal lu^ld on the Ifith instant. Sir Richard Webster conliniiod bis speech on tlio subject of JJe!,'ul!itions, and liis argument was directed to prove tliat the recent decrease observed in seal life was duo in - large nu'asurc to the iiisufTiciency of breeding males on t!ie i'ribyh)if Islands, brought about by the system of killing on land practised under the control of tlie United States. Sir Eichurd was unable to conclude his speech before the hour of adjournment. I have, &.V. (Signed) CHAllLES H. TUrPEIl. No. 77. Mr. Tupper to the Earl of lloseherij. -^[Received June 22.) My Lord, Paris, June 21, 1893. Sill RICHARD "WEBSTER, before the Tribunal yesterday, continued his argument with regard to the scarcity of male seals on the breeding-grounds, and dwelt upon the injurious ett'eet of the system of driving, as practised on the islands. He concluded by submitting to the Tribunal a draft Scheme of Regulations proposed by Great Britain. I have the honour to inclose a separate copy of this document. A discussion arose on these proposals, which will be found reported at pp. 1779-1796 of the shorthand notes. At the conclusion of Sir Richard's speech I read to the Tribunal tho document, of which a copy is inclosed, setting forth tho iindings of fact with regard to the seizures of British vessels, which both parties were prepared to agree to. Your Lordship will remember that, as reported on p. 1209 of the notes of tho proceedings of tho 30th day, the Attorney-General submitted to the Tribunal a suggestion on tho part of Great Britairx as to what these findings of fact should l)e. An alternative proposal was subsequently put forward on behalf of tho United States, as reported at p. 1177 of the proceedings of the 35th day. A conference was shortly afterwards held between the Agent and Counsel of both parties, at which the terms of the findings to be suggested to the Tribunal were agreed upon. At this conference, it was understood that there was no intention on the part of the United States to place obstacles in the way of further consideration of tho amount of our claim for damages and tho ownership of the vessels seized, and that while these subjects would not be pressed upon the Tribunal, our rights should not be in any way prejudiced. A short discussion arose on this paper, which is reported at pp. 1799-1802 of the notes. Mr. Robinson then continued the discussion on Regulations on behalf of Great Britain, lie had not concluded his speech at the close of the day's proceedings. I have, &c. (Signed) CHARLES 11. TUPPER. :ll Inclosuro 1 in No. 77. . .,"!.■ ■ - ' ,■ , . . I " ■ J ■ .■« I ■ ' i ■ ) Regulations. ALL vessels engaging in pelagic sealing shall b^ required to obtain licences at one or other of the following jiorts : — Victoria, in tho Province of British Columbia; Vancouver, in the Province of British Columbia; Port Townscnd, in Washington 'I'erritory in the United States ; Sau Erancisco, in ihc State of California in the United States. 2. Sucli licences shall only be granted to sailing-vessels. 3. A zone of 20 miles around the Pribyloff Islands shall be established, withm which no seal hunting shall be permitted at any time. [691] 12 i $r i i i .1- % 1 i h - 1 I. m 60 4. A close season from tlio luth Soptcinhcr until tlio 1st July shall be cstjil)li>lii'(l, (lurini; which no pclai^ic sivilini? shall he lUTinittcd in Hchrin!,' Sea. "i. No ■•itlcs or nets shall he used in pelagic soalinu;. (i. All st'alini; vessels shall he n^iuired to earry a (listiiiiruishins flat,'. 7. The masters in ehari^e olMMlini; vessels sliall keep aeeuratc lo^fs as to the (imos and places of sealinij, the nuniher and sex of the seals captured, and shall enter an abstract tlicreol' in thoir oHicial lo!,'s. 8. Licences shall be subject to I'ort'cituro for breach of above llogulations. Indosuvc 2 in No. 77. l'"m(iiii(js of Fact propn.si'd h:/ the Aiji'nl of drral Ihilain a»d aijri'cd to as piorcd liij llir Ai/riit fnr the United Slates, and .lubiniltel to the Tribunal of Arhitrnlior. for ils connlderation, THAT the several searches and seizures, whether of ships or ijoods, aiul tlu' several arrests of masters and crews, respcetivelv mentioniHl in the Schedule to tiu' Jh'ilisli Case, \)\). 1 to (iO, inclusive, were made liy the anibority of the I'nited Stales' (loverament. The questions as to the value of the said vess(ds or their contents, or cither of them, and the question as to whether the vessels nuMitioned in the Sehi>liili' to the Ihitisii Case, or any of them, were wholly or in part the actual property of citizens of the I'nited States, have been withdrawn from and have not been consiih rod by the Tribunal, it bein;;: understood that it is open to the United States to raise tliese (piestions, or any of them, if they think lit, in any future nci^otiations as to the liahilily of the I'nited States' Government to pnv the amounts mentioned in the Schedule to the Jh'ilish Case. 2. That the seizures aforesaid, with the exception of the "Pathfinder," seized at Ncah l?ay, were made in llehrinpr Sea at the distances from shore mentioned in the Scheilule annexed hereto, marked {C). ',]. That the .said several searches and seizures of vessels were made by puljlic armed vessels of the United States, the connnanders of which had, at the several timos when they were made, from the Executive Department of the CJovernment of thu United States, instructions, a copy of one of wliich is annexed hereto, marked ^.V), and that the others were, in all substantial respects, the same ; that in all the instances in which proceedings were had in the District Courts of the United States resulting; in condemnation, such proceedings were begim by the tiling of libels, a copy of on. of which is annexed hereto, marked (B), and tliat the libels in the other pi-oceedings were in all s>d)stantial respects the same; that the alleged acts or olVences for which siiid .several searches and seizures were juade were i,. eacli case done or committed in Bi^hriii^' Sea. at the distances from shore aforesaid ; and that in each case in which sentence of condemnation M*as passed, excejit in those cases when the vessels were released after condemnation, the .seizure was adopted by the Government of the United States; ,iiul in those eases in which the vessels were released, the seizure was made by the authority of the United States. That the said tines and imprisomnents were for alleged hreaelies of the municii)al laws of the I'nited States, which alleged breaches were wholly committed in Dehring Sea, at the distances aforesaid from the shore. ■t. That the several ordtn-s mentioned in tlu^ Schedule annexed hereto, anil marked (C), warning vessels to leave or not to entm* iiehring Sea, were made by piil)Iic armed vessels of the United States, the commanders of which had, at the several tinirs when they were given, like instructions as mentioned in Uiiuling 3 above proposed, and that the vessels so warned were engaged in sealing or prosecuting voyages for that purpose, and that such action was adojjtcd by the Government of the United States. 5. That the District Courts of the United States in which any proceedings were; had or taken for the purpose of condemning any vessel seized, as mentioned in the Schedule to the Case of Great Britain, pp. 1 to CO, inclusive, had all the jurisdiction and powers of Courts of Admiralty, including the prize jurisdiction, but that in each case the sentence pronounced by the Court was based upon the grounds set forth in the libel. MJ I (51 Aunox (A). (Sec British Countor-Ciiso, Apjiondix, Vol. T, p. 72.) Tifasury DepnrlnienI, Office of the Si-rretnry, Sir, tV(isliin(j(o», April 21, 1886. liclVrrini? (o Dc'partmciit Icttm- ni' tliis dato, diroctiiii; you to proceed with [he ivvi'iiue-steamer " Hear," under your eoiumand, to the Seal Islands, &c., you arc lit'irliy elotlu^l with full ])o\ver to eid'oreo the law contained in the provisions ol Section 1, !).'>() of the United States' Hevised Statutes, and directed to seize all vessels, iuiil arrest and deliver to the proper authorities any or all persons whom you may detect viiiliitinu: the law referred to, after due notice shall have heen given. N du Aviil also seize any li(|uors or fire-arms attempted to he introduced into tho oniMitry without ))roper permit, under the provisions of Section l.J).'),') of tho Revised Statutes, and the I'liiclamation of the President, dated the 4th Fchruary, 1870. Respect fully yours, (.'. S. rAlRCUlI.T), Captain "M. A. 1Tk,at,y, Actiixj Secretary. Commr.ud.uij licrenuo-slniiiiry " firar," ISait Fr(iiici>!co, California. Annex (R). ; (See British Case, Apj-ondix, Vol. HI, " United States No. 2, 1S90," p. G5.) In the District Court of the L'n'ted States for the District of Alaska. August Special Term, 1886. To tli(> Ifonourahlo Lafayette Dawson, .hidijo of said District Court: Tiie lihel of information of :M. D. Ball, Attorney for the United States for the distiiet of Alaska, who ])rosecutcs on hehalf of said United States, and beini? ]in'sent hero in Court in his i)ropcr ])erson, in the name and on hehalf of tho said I'liited States, a^viinst the schooner " Thornton," her t.nckle, ap])arel, hoats, cargo and Iwniiture, and ajiainst all persons intervening for their interest therein, in a case of forrcitnre, alleges and informs as follows : — That Charles A. Ahhoy, an ot!icer in the r.evenuc Marine Service of the United States, and on special duty in the waters of the district of Alaska, heretofore, t) wit, (in the 1st (lay ot August, ISSO, Avithin the limits of Alaska territory, and in the waters tliereof, and within the civil and judicial district of Alaska, to wit, within the waters of that portion of Behring Sea helonging to the said district, on waters navigable from the sea by vess(>ls of 10 or more tons burden, seized the ship or vessel, commonly called a schooner, the '•Thornton," her tackle, apparel, hoats, cargo, and furniture, being the were wholly H property of some person or persons to the said Attonu^y unknown, as forfeited to the lj!iit(>d States, for tho following causes: — That the said vessel or schooner was found engaged in killing fur-seal within the limits of Alaska Territory, and in the waters thereof, in violation of Section 1,950 of the Revised Statutes of tho United States. And the said Attorney sailh that all and singular premises are and were true, and within the Admimlty and maritime jurisdiction of this Court, and that by reason thereof, and by force of the Statutes of the United States in such cases made and provided, tlie afonMncntioned and described scluxmcr or vessel, being a vessel of over 20 tons harden, her tackle, apparel, hoats, cargo, and furniture became and forfeited to tlie use of the said United States, and that said schooner is now within the district aforesaid. AVhereforc, the said Attorney prays that the usual process and monition of this honourable Court issue in this behalf, and that all pei*8ons interested in the before- mentioned and described schooucr or vessel may be cited in general and special to answer the premises, and all due proceedings being had, that the said schooner oi* vessel, her tackle, apparel, boats, cargo, and furniture may, for the case aforesaid, and others •t!^ ■ v.-: it J I: uppoariuj;, b(5 condemned by the dethiite wiitcnec imd dt>creo of this lioiKn.riililo Court, as forfeited to the use of the said United Stiites in sueh cases niude iiiul provided. (Sisned) M. D. BALL, United Staten' District Attorney for the District of Ahiskit. Aunex (C). The following Tabic shows the names of the British sealing-vcssols seized or warned by Uuiied States' revenue eruizers, IbSU-UO, and the approximate d'stimce from land when seized. The distances assigned in the eases of the "Carolina," "Thornton," and "Onward," are on the autliority of U.S. Naval Commander Al lioy (see 50th Cong., 2nd Sess., Senate Ex. Doe. No. lOG, pp. 20, tO, 50). Tho distai.-es assigned in the cixscs of the "Anna Beck," " W. V. Sayward," "Dolphin," and "Grace," are on tlie authority of Captain Shepard, " U.S.R.N. (Blue Book), United States, No. 3 (1890)," pp. 80-82. Sec Appendix, vol. iii. Neah Bay is in the State of Washin-tou, and the " Pathiinder " was seized tliere on charges made against her in Behring S'ja in the previous year. She was released two days later : — Nnme of Vessol. Date of Seizure. Approximate Distance from Land when leizcd. United Stales' Vessil making Seizure. Carolcna . . • s August 1, 188G .. 75 miles . , CorwiD, Thornton . . • • 1. 70 „ It Onward ^ , "1 • • 115 ,. ,1 Favourite . . 3, Warned by " Corwcn " in about the mmv position as "Onward."' Anna Beck . . , , July '2,1887.. 60 miles . . . . ■ . Itush. W. 1*. Sayward ,, 9, 59 ., V Dolphin 12, 40 „ M Gmco 17, 96 ., II Alfred Adams , , August 10, .. 62 »1 Ada ^ ^ 25, 15 ;.' *.' ".'. !! Bear. Triumph •• 4, Warne» .Minnie July 15, 65 miles . . . . . . 11 Pathfinder .. March 27, Seized in Neah Bay . . Cot-wiu. No. 78. Mr. Tupper to the Earl of Eosebert/,— {Received June 23.) My Lord, Paris, June 20, 189.'.!. I HAVE the honour to transmit to your Lordship copies of the official Protocols Nos, 24-29 of the proceedings bofo»'e the Behring Sea Arbitration Tribunal. I have, (fee. (Signed) CHABLES H. TUPPEll. Inclosurc 1 in No. 78. ; Protocole No. 2i.'-Sc'unce du Mercredi, n Mai, \S9S. , LE Tribunal s'est reuni a 11 heures 30, tous les Arbitres etant presents. Sir Charles Russell rcprend son argumentation. A 1 heure 30 la stance est suspcnduc. ' " ' "'•"" «'"'' li" •• " cn-^^^^ik * k M.] 68 A la roprisp, Sir Charles Rusitell oontinno sa plnidoiiio. Lt s('iiiu'o est lovc'c i\ 3 lieuros 40 ct lo Tribunal s'ajourno jusfiu'ftu Mardi, .';KM;ii, 1«!)3, il 11 lionrcsIW. Ainsi fait h Paris, le 17 IMai, 1803, ct ont signd : LoPri'sidont ALPTT. DE COURCEL. L'Agontdcs l\tats.rnis .. .. JOHN W. FOSTER. L'Afjcnt do In (Jiniide-Rrcta^no . . (.'IIA15LES H. TUPPER. L<' SemHairc A. J M BERT. [Ensjlish vci-sion.] Protocol No. 2i.— Meeting of Wednesday, May 17, 1893. THE Tri'iiuinl asspinhled at 11"30 a.m., all tbc Arbitrators being present. >'/)• Ch:,rles Rttssrll resumed bis argument. At 1"30 the Tribunal took a reeoss. On ren-senibliiiy, Sir Cltnrlrs Russell continued bis argum(>nt. At 3'4() P.M. the Tribunal adjoiuned until Tuesday, the 23rd :\roy, 1893, at n-iiOA.-M. Done at Paris, the 17tli 3[ay, 1S03, and ■^''■'ned : Tbe President ALPH. DE COURCEL. The Agent for tbe United Stales. . JOHN W. b'OSTKR. Tiie A-eiit for Great Britnm . . CHARLES 11. TUPPER. The Seeretarj' \. LMRERT. Translation certified to be accurate ; (Signed) A. RAiLLY-RLANCn s RE, "I rus,„.far{es U. CUNTXGU.\MK, J Lo-becrefanes. Inclosurc 2 in No. 78. Protocole No. 25.— Seance dii Mardi, Mai 23, 1893. LE Tribunal s'cst rduni fi 11 heures 30, tous les Arbitrcs <;tant presents. Sir Charles Russell reprend sa plaidoirie. La seance est suspendue h 1 heure 30. A la reprise, Sir Charles Russell continue sou argumentation. A 4 heures la seance est levee et le Tribunal s'ajourno au lendcmain h n heures 30. Ainsi fait a Pains, le 23 Mai, 1893, et ont sign^ : Le President ALPIT. DE COURCEL. L' Agent des Ktats-Unis .. .. .JOHN W. POSTER. L'Agent de la Grande.Brcta^'ne .. C HAH LES H, TUPPER. Lc Secretaire . . . .' . . A. IMBERT. Iw !^ ^: [English version.] • Protocol No. 2v.— Meeting of Tuesday, May 23, 1893. ■ THE Tribunal assembled at 11-30 a.m., all tlio Arbitrators being present. Sir Charles Russell resumed liis argument. At 1"30 the Tribunal took a recess. On reassembling, Sir Charles Russell continued his argument. 4. . ',' B., '■!■ ;/' ! im m - ■ ^^m m 61 At 4 P.M. the Tribunal adjourned to the next day, at 11'30 a.m, Done at Paris, the 23rd May, 1893, and signed : The President The Agent for the United States The Agent for Great Britain Tlie Secretary Translation certified to be accurate : (Signed) A. B^iLiiy-HLANciiARD, 11. CUXYNGH.\ME, ■} ALPII. DE COURCEL. JOHN W. POSTER. CHARLES 11. TUPPER. A. IMBEl«\ Co- Secretaries. Inclosure 3 in No. 78. Protocole No. 26.— -Seance du Mercredi, 21 Mai, 1893. LE Tribunal s'est v6um a 11 heures 30, tons les Arlntres ctant presents. Sir Charles Russell roprend son argumentation. La seance est suspcndue a 1 Iieure 30. A la reprise, jS)> Charles Russell continue sa plaidoiric. A 4 heures la seance est levde et Ic Tribunal s'ajourne au lendcmaiu a 11 heures 30. Ainsi fait Jl Paris, le 24 Mai, 1893, et ont sigue : Le President ALPH. DE COURCEL. L' Agent dcs fitats-Unis .. .. JOHN W. POSTER. L'Agcnt de la Grande-Bretagne . . CHARLES H. TUPPER. Le Secretaire A. IMBERT. [English version.] Protocol No. 2Q.— Meeting of Wednesday, May 21, 1893. THE Tribunal assembled at 1130 A.M., all the Arbitrators being present Sir Charles Russell resumed his argument. At 130 the,Tribunal took a recess. On renssemoling, Sir Charles Russell continued his argument. At 4 P.M. the Tribunal adjourned to the next day, at 11'30 a.m. Done at Paris, the 24th May, 1893, and signed : Tlic President The Agent for the United States The Agent for Groat Britain The Secretary Translation certified to be accurate : (Signed) A. Bailly-Blanciiard, H. CUNYXGIIAMU, ALPH. DE COURCEL. JOHN W. POST BR. CHARLES H. TUPPER. A. IMBERT. 'I Co- Si Secretaries. Inclosure 4 in No. 78. Protocole No. 27. — Se'ance du Jemli, 25 Mai, 1893. LE Tribunal s'est reuni a 11 heures 30, tons les Arbitres 6tant presents. .Sir Charles Russell rcprond sa plaidoirie. La s(5ance est suspcndue h 1 heurc 30. A la reprise. Sir Charles Russell poursuit son argumentation. A 4 heures la sdanco est levde ct le Tribunal s'ajourne au lendoinain a 11 heures 30. Ainsi fait a Paris, le 25 Mai, 1893, et ont signd : Le President ALPH. DE COURCEL. L' Agent des Etats-Unis . . . . JOHN W. FOSTER. L'Agent de la Grande-Bretagne . . CHARLES H. Tlix'PEll. Lc Secretaire A. IMBERT. 6ft ! [English version.] Prolocole No. 27.— Meeting of Thursday, May 25, 1893. THE Tribunal assembled at 11'30 a.m., all the Arbitrators being present. Sir Charles Russell resumed his argument. At 1"30 the Tribunal took a recess. On reassembling, Sir Charles Russell continued his argument. At 4 P.M. the Tribunal adjourned to the next day at il'30 a.m. Done at Paris, the 25th May, 1893, and signed The President Tlie Agent for the United States The Agent for Great Britain The Secretary Translation certified to be accurate : (Signed) A. Baili-y-Blanchaud II. CUNYNGHAME, ALPH. I)E COURCEL. JOHN W. FOSTER. CHARLES H. TUPPER. A. IMBERT. •} Co-Secretaries. ''''■\'^'': I' . :'*;;>». m I- •' (t Inclosure 5 in No. 78. .-^. Protocole No. '28.— Seance du Vendredi, 26 Mai, 1893. LE Tribunal s'est rduni a 11 heurcs 30, tons les Arbitres dtant presents. Sir Charles Russell reprend son argumentation. La seance est suspendue a 1 heure 30. A la reprise, Sir Charles Russell continue sa plaidoirie. A 4 heiires la seance est lev^e et le Tribunal s'ajourne jusqu'au Mardi, 30 Mai, a 11 lieures 30. Ainsi fait i Paris, le 26 Mai, 1893, et ont signe : Le President ALPH. DE COURCEL. L' Agent dcs l<;tats-Unis . . . . JOHN W. POSTER. L'Agent de la Grande-Brotagne . . CHARLES H. TUPPER. Le Secretaire .. .. ..A. IMBERT. ■' 1. '•". ^. [English version.] Protocole No. 28.— Meeting of Friday, May 26, 1893. THE Tribunal assembled at 1130 a.m., all the Arbitrators being present. Sir Charles Russell resumed his argument. At 1'3() tlie Tril)iinal took a recess. On reassenil)ling, Sir Charles Russell continued his argument. At 4 P.M. the Tribunal adjourned until Tuesday, May 30, at 11-30 A.M. Bone at Paris, the 2(>th May, 1893, and signed : The President The Agent for the United States , The Agent for Great Britain The Secretary . . . . , ALPII. DE COURCEL. JOHN. W. FOSTKR. CHAULKS H. TUPPER. A. IMBERT. Translation certified to be accurate : (Signed) A. Bailly-Bi,anciiard H. Cunynguame, ■} Co-Secretaries. If ■ - 'r' s,^:\.- [691] ij ^■ha es Inclosuie 6 in No. 78. Protocole No. 29.— Seance du Mardi, 30 Mai, 1893. LE Triliunai s'eat rduni h 11 heures 30, tons les Arbitres etant presents. Sir Charles Russell reprend son argumentation. A 1 heure 30 la seance est suspendvc. A la reprise, Sir Charles liussell continue sa ])laid(>ine. La seance est levee a 4 heures, et le Tribunal s'ajourne an lendemain 1 1 lieu res 30. Ainsi fait k Paris, le 30 Mai, 1393, et ont signe : Le President ALPH I)E COURCEL. L'Agent des fitats-Unis .. .. JOHN W. FOSTEK. L'Agent de la Grande-Bretagne . . CHARLES If. TUPPEll. Le Secretaire A. IMBERT. [English version.] Protocole No. 2i).— Meeting of Tuesday, May 30, 1893. The Tribunal assembled at 11*30 a.m., all the Arbitrators being present Sir Charley^ Rmsell resumed his argument. At 1 30 the Tribunal took a recess. On reassembling, Sir Charles Russell continued his argument. At 4 P.M. the Tril)unal adjourned to the next day at il'30 a.m. Bone at Paris, the 30th May, 1893, and signed : The President The Agent for the United States , The Agent for Great Britain ITie Secretary ALPH. 1)E COURCEL. JOHN W. FOSTER. CHARLES H. TUPPEK. A. IMBERT. Translation certified to be accurate : (Signed) A. Bailly-Blanchard, H. CUNYNOUAMB, '•} Co-Secretaries. iii lli'1 No. 79. Mr. Tupp'r to the Earl of Rosebery. — {Received June 23.) ^ii .♦"> i:^ My Lord, Paris, June 22, 1893. THE argument on the British side in the Behring Sea Arbitration having now- concluded, I have deemed it my duty to consider whether some reduction cannot bo made in the Staff of this Agency in accordance with what I know to be your Loi'dship's wish, that ex])ense should, as far as possible, be spared. With this object I have already dispensed with the services of Mr. J. M. ^lacoun, whose avssistance I consider to lie no longer necessary, and I have thougiit it right to inform Mr. Box, the Junior Counsel, that, as the oral argument of the British Couiistl has termiiuitcd, he can now be relieved of his duties here. I have great pleasure in expressing to your Lordship my appreciution of tiic ability and assiduity displayed by Mr. Mox in the course of the preparation of tiu; Counter-Case and written Argument of Great Britain, and of the valuable nssist.nnt'e he has rendered during the oral argunw'iits of Counsel before the Tribunal. 1 have, &c. (Signed) CHARLES H. TUPPEB. 67 No. 80. Mr. Tapper to the Earl of Rosebery.— {Received June 23.) My liord, Paris, June 22, 1893. AT the commencement of yesterday's proceedings, Sir Richard Wtbster handed in to tlio Tribunal copies of the correspondence just laid before Parliament containing the report of the Russian Commission respecting the seizures of British vessels off the Cotnrainder Islands, lie was proceeding to r(!ad from this paper when the United States' Counsel objected to its reception if put forward as evidence. Some discussion onsiied on this subject, and the President, after consultation with his colleagues, aniioimced that the Tribunal would hear the document, but would reserve to themselves to consider whether it should be received as evidence or not. Sir Richard thereupon read extracts from M. Chichkine's note to Sir R. Morier of till' 29th May (10th June), 1893, showing the readiness of the Russian Government to proceed to the assessment of an indemnity to be paid to the owners of the two British vessels which were seized without proof of having fished in Russian territorial waters. Mr. Robinson then continued his speech. He argued at some length to prove that the area over which any Regulations to be made by the Tribunal should extend ought to be confined to Behring Sea, and had just concluded his address wiien the Tribunal adjourned for the day. Mr Phelps is to commence bis reply on l)ehalf of the United States at to-day's meeting. I have, &c. (Signed) CHARLES H. TUPPER. MRl No. 81. Mr. Tapper to the f^.iirl of Rosehery. — {Received June 24.) My Li>rd, Paris, June 23, 1893. AT the meeting of tlie Tribunal yesterday, Mr. Phelps c(m\menee(l his re[)ly on lieliaU' of tbo United States by defining what he maintained had been the position of liis Government throughout the controversy, namely, that the actual facts of seal life and the pres(>rvafion of the species were the main objects of the Arbitration, and tiiat all ([iicstions as to jurisdiction over Behring Sea and the title thereto derived by the United States fiom Russia were merely secondary considerations. lie attril)uted the firm attitude taken up by Mr. Blaine on the jurisdictional elaiin to the fact that he had been drawn away from the main subject of the contro- versy by the adroitness of the arguments put forward by Lord Salisbury. Mr. Plielps then dwelt at some length on the negotiations for a close season which took place in 1888 between Lord Salisbury and himself, and maintained that a distinct agieement had tlien been arrived at, which, owing to the objections of Canada, bad liee.. ,siibs(>i]uently renounced. lie next proceeded to criticise the attitude of Great Britain in the controvcr.sy, iiiaiiitaining tliat, while at first siie had been willing to join in Regulations necessary for the preservation of the seals, her present position was merely that of the champion of pelagic sealing He coucluded his remarks for the day by a definition of the principles of inter- national law, \vliicli be considered should guide the decision of the Tribunal. I have, &c. (Signed) CHARLES 11. TUPPER. M4,r tiiiii] No. 82. m Mr. Tupper to the Earl of Rosebery. — {Received June 24.) My Lord, Paris, June 23, ISTO. I IIAVK the honour to call your Lordship's attention to the necessity which, in my oi)inion, exists for tlic presence of Her Majesty's Attorney-General here. I am convinced after most careful observation that it is very desirable for him to be in Court during the reply of Mr. Piielps, and jjarticularly when that gentleman deals with the subject of Regulations. It is improbable that Mr. Plielps will s]i('iik beyond Friday next, and he resumes his argument on Tuesday. Sir Richard Webster, who proceeded to IjO-.uIou to-day, will, I feel sure, coiilirni me in the opinion I have expressed. I have, &c. (Signed) CHARLES H. TUPPER. No. 83. The Earl of Rosebery to Mr. Tupper. Sir, Foreign Office, .June 27, ISfl.'i. I HAVE received your despatch of the 22nd instant, reporting that the services of Mr. J. M. Macoun have been dispensed with, and that you have also informed Mr. Rox that he is no longer required to remain in Paris. Whilst approving your action as above stated, I have to express to you my satisfaction at your report of the valuable assistance rendered by Mr. Box in connec- tion with the Ik'hriug Sea Arbitration. I am, &c. (Signed) ROSEBERY. IHil' No. 84. Mr. Tupper to the Earl of Rosebery. — {Received June 28.) ily Lord, Parii, .fune 27, ISOM. AT the meeting of the 23rd instant ilr. Phelps continued ids argument, and, after dealing with the principles of international law, which, he held; should giiidt' the decision of the Tribunal, pracceded to consider at length the question of property in the seals. lie had not concluded .his portion of his speech at the end of the day's pro- ceedings. I liave, &c. (Signed) CHARLES H. lUi'PER. No. 85. Mr. Tupper to the Eurl of Rosebery. — {Received June 29.) My Lord, Paris, June 28, 1893. AT the meeting of the Tribunal yesterday, Mr. Phelps continued his speech, and, in connection with the United States* claim to property in the seals, dealt with the question of the intermingling of the Russian and American herds. His argument on this subject occupied the greater part of the day, and was concluded shortly before the adjournment. I have, &c. (Signed) CITATO LES II. TUPPER. No. 86. Mr. Tvpper to the Eurl of Rosvbevij. — {R n-ived June 30.) My Lwl. P'iris, June 29, 1893. MR. PIIELPS continued, before the Tribunal yesterd; y, his argument dealing with the property interest in the sealing industry eluiined by the United States as a nation. lie examined at length the instances quoted in the United States' Case of regula- tions in various countries for the protection of pearl, coral, and oyster fisheries outside territorial limits, and was considering the existing laws regulating seal fisheries in different parts of the world when the Tribunal adjourned. I have, &c. (Signed) CIEAllLES II. TUPPER. u have also No. 87. Mr. Tapper to the Earl of Rosebenj. — {Rereired July X.) Jly Lord, Paris, July 3, 1893. AT the meeting of the Tribunal held on the 29th June, Mr. Phelps continued his aricument to show that the territorial rights of a nation were capable of wtension for the purpose of protecting marine property. He endeavoured to justify the statement in the United States' Argument, that llussia had asserted and exercised such extra-territorial jurisdiction, from the corre- spondence recently prescmted to Parliament on the subject of the seizures of British soaling-vessels by that Government in 1892. Mr. Phelps further instanced the legislation enforced by the (jovernment of Sweden and Norway for the protection of th' ir fisheries. The Tribunal having decided not to sit on the 30tli June, it was arranged that Mr. I'helps should resume his argumi'nt this morning. I have, &.C. (Signed) ClIAHLES II. TUPPER. No. 88. li Mr. Tupper to the Earl of liosebery. — {Received July 5.) My Lord, Paris, July t, 1893. Mil. PIIELPS resumed yesterday his argument by dealing with the first four questions under Article YI of the Treaty relating to the jurisdiction of Russia over Behring Sea, and the interpretation of the Treaties of 1821 and 182'). He examined the language of the Treaty of 1824 between Russia and the United States, and endeavoured to show that Behring Sea was not included in the phrase " Pacific Ocean," as used in the first Article. Ho criticized at some length the list of maps annexed to the Counter-Case of Great Britain, and maintained that the weight of the geographical evidence supported his interpretation oi the Treaty. \ m W Mr. I'lu'lps had concluded his examination of the Treaty of 1821 when the Tribunal rose for the day, and will proceed this morning to deal with the British Trcutv with Russia of 1H25. (Signed) I have, &e. CHARLES n. TUl'PER No. 89. Mr, Tupper to the Earl of Ronebery. — (Received July 0.) Hy Lord, Puris, July 5, 18'.);i, MR PITELPS continued, at the meeting of the Tribunal yesterday, his argument on the tirst four questions of Article VI of the Treaty of Arbitration. lie (liseussc(l the language of the Treaty of 1825 between Great Britain and Russia, and the negotiations which led up to it, his object being to show that Belirin;.' Sea was not understood by either ])arty to be included in the phmse Pacific Ocean. Having concluded his examination of tlie Treaties of 1824 and 1825, Mr. Phelps took leav<> of this part of his subject by referring the Tribunal to the answers to tiic first four (lUfstions of Article VI, suggested at p. 21 of the United States' Countoi'- Case. He then dealt with the assertion of Great Britain, that the subject under discussion involved the (juestion of the freedom of the sea, and had only time to make siunt progress in this portion of his argument before the a*ljournment. 1 have, (Stc. (Signed) CilARLKS II. TUPPEIt. No. 90. Mr. Tupper to the Earl of Ronebery.— (Received July 7.) :My Lord, Paris, July 5, 1S9I!. I HAVK the honour to transmit to your Lordshij) copies of the official Protocdls Nos. 30 to 39 of the proceedings of the Beliring Sea Arbitration Tribimal. 1 have, (fee (Signed) CHARLKS H. TUPPER. Inclosure 1 in So. 90. Protocote S'o. 30. — Seance du Merrredi, 31 Mai, 1893. LE Triiiuiial s'est reuni a 11 licures 30, tons les Arbitres ctant presents. Wfr Charles liu.'isell, an cours de sa plaidoirie, presente au Tribunal le diu-utm iit suivant : — " liC (iouvi-ruenient de la Grande- Hretagnc, ayant soumis aux Arbitres cci-t.-iiiis jiiiints (le fait couiiJiis dans les reclauiations de donmiages-interets presenle«'s (l;ui> I'Aunexe au Mcnioire Britaimique, pages 1 a 60 inelusivement, prie le Tribunal de deeidi-r eomnie suit a ce sujet: — " 1. t^uc ies diverses visites ct saisies de navires ou d(! niarehandises et ii> dilferentcs arrestutions de capitaines et d'equijia^ics, mentiimnes respcetivcinent dans ladite Annexe, out etc faites par autoritc du Gouvernement d»!s Etats-Unis; " •-'. Qu'elles out etc ell'ectuees dans des eaux non territorialcs ; " 3. Que les diverses visites, saisies, coniJamnations et coiitiscation de navires ou de niari^liandises, les dillcrentes arrcstations et aniendes, et les divers em|)risonnem('nts out etc motives par de )>reteiulii(s violations des lois nationales des l^itats-l'iiis, lesnucllcs pretendues violations avaient toutes etc commiscs en haute nor^ en dehovs des eaux territorialcs des l*Jlars-L'nis; " l. t^u. les dilVerents ordres mentionnes dans ladite Annexe, enjoignant a certains ntivii'cs d'avoii' a s'abstenir de |)oursuivre leurs voyages, ont etc donnes en haute inir. 71 en (Ifihors des eaux torritorialos, en vertu do I'aiitorite du Gouvernonient des Rtnts- Unis ot en exdcution dos lois nntionnles dos Rtats-Unis ; enfin : " 5. Que lesditea visitos, saisios, eondamnntions, contiscations, amcndcs, n'ont 6t6 opt'rt'os ou iniposeos, que lesdits cmprisoiuienu'nts et ordrcs u'oiit ett'' iniliijes ct doiiiu'-s en vertu d'aucuno pretention ou assertion de droit on de juridiction, autre (jue (••illes i|ui sont soumiscs a la d«5eision des Arbitros par les questions posees dans I'Article VI (hi Traite d' Arbitrage." .Sir Charles Hussrll declare en outre que la Graude-Bretagne no soumettra an Trilmnal aueunc conclusion tendant a des donunages-interets en vertu et par .vppiieation do I'Article V de la Convention ou du modun vivvmli du 18 Avril, 1HU2. L'Hnnnrable E. J. Phelps declare que Ics Rtats-Unis ne sctumettront, de leur cAte, Jill Tribunal aucune conclusion tendant a des donimages-interets en vertu et par application de I'Article V de la Convention ou du modus vireiufi du 18 Avrii, 1>"1)2. Sir Charles Russell aebt^ve ensuite son argumentation. Sir Richard Webster comnieiiec alors sa plaidoirie pour la Graude-Uretagne. lii seance est smpciiduo a I beuro 30. A la reprise, Sir Richard Webster coiiiinue sa plaidoirie. Jia seance est levee li 4 heures, et lo Tribunal s'ajournc au Icndeinain Ti 11 lieures 30. Ainsi i'ait il Paris, le 31 Mai, 1893, et ont sigue : Le President ALPH. DE COURCEL. L' Agent des fitats-Unis .. .. JOILV \V. EOSTEll. L'Agentde la Grande- Brctagne .. CHARLES II. TUPPER. Le Secretaire . . . . . . A. IMBERT. m ] » '* • ■%-t ' i fEV: ■- H' 1 tf, •; e doeiuiH'iit [Englisb version.] Protocol No. 30. — Meeting of Wednesday, May 31, 18i)3. THE Tribunal assembled at 1130 a.m., all tbe Arbitrators being present. Sir Charles Russell, in continuation of bis argument, presented to tbe Tribunal tbe following paper : — " The British Government having submitted to the Arbitrators certain questions of [act as involved in the claims for damage set foith in the Schedule to the British Caso, pages 1 to (50 inclusive, ask for the following findings thereon, namely : — " 1. That the several searches and seizures, whether of ships or goods, and the several arrests of masters and crews, respectively nuintioned in tbe said Schedule, were made by the autJiority of the United States' Government. " 2. That they were made in non-territorial waters. " 3. That the several searches, seizures, condemnations and confiscations, whether i)f sliips or goods, and tlic several arrests, tines and imprisonments, were for alleged hroiiclies of municipal laws of the United States, which alleged breaches were wholly committed on tbe high seas outside the territorial waters of the United States. " t. That the several orders, mentioned in tlie said Schedule, whereby ships were prevented from pursuing their voyages, were given on the high seas outside territorial waters, under the authority of tbe United States' Government and in execution of tbe inuiiicipal laws of the United States, and " 5. That the said several se^irches, seizures, condemnations, confiscations, fines, imprisonments, and orders were not made, imposed or given under any claim or assertion of right or jurisdiction except such as is submitted co the decision of the Arbitrators by the questions in Article VI of the Treaty of Arliitnvtion." Sir Charles Russell further announced that Great Britain would not ask the Trilmnal for any finding for damages upon and under Article V of the Convention or moilus Vivendi of the 18th April, 1802. The Honourable Edward J. Phelps announced that the United States would not. on its behalf, ask the Tribunal for any finding for damages upon and under Article V of the Convention or modus vivendi of the 18th April, 1892. Sir Charles Russell then concluded his argument. Sir Richard Webster then commenced his argument on behalf of Great Britain. At 1"30 the Tribunal took a recess. It f^v • 79 On reassemLlin^ Sir Richard Webster continued his argument. At 4 P.M. the Tril)uniil adjourned till the next day, at 11'30 a.m. Done at raris, the 31st May, 1893, and signed: The President ALI'H. DE COURCEL. JOilN W. FOSTER. CllAHLES II. TUrPEI}. A. IMRERT. Tiie Agent for the United States Tile Agent for Great Britain Tlie Seeretury Translation certified to he accurate: (Signed) A. H.\iij,y-Blanciiaud, ir. CUNYNGUAME, \ Co- Secretaries. Inclosuro 2 in "No. 90. Protocole No. SI.— Seance du Jeudi, V Juin, 1893. LE Trihunal s'est reuni a 11 heures 30, tons les Arhitres dtjuit presents. Sir Richard iVrhsler continue sa plaidoirio. La seance est susoendue iv 1 heure 30. A la reprise, .Sir Richard Webster poursuit son argumentation. A 4 heures la seance est levee et le Tribunal s'ajourne au Icndemain a 11 heures 30. Ainsi fait ii Paris, le 1" Juin, 1893, et ont signe : Le President ALPIL DE COURCEL. L' Agent des Etats-Unis . . . . JOHN W. FOSTER. L'Agent de la Grande-Bretagne . . CHARLES H. TUPPER. Le Secretaire A. IMBERT. [English version.] Protocol No. 31. — Meeting of Thursday, June 1, 1893. THE Tribunal assembled at 11*30 a.m., all the Arbitrators being present. Sir Richard Wehstei resumed his argument. At I'oO tlie Tribunal took a recess. On reassembling. Sir Richard Webster continued his arrrument. At 4 P.M. the Tril)uiuil adjourned to the next day at 11-30 a.m. Done at Paris, the 1st June, 189."^, and signed; The President Tiie Agent for the United States TIk; Agent for Great Britain The Secretary . . . . Translation certified to be accurate : (Signed) A. Baii.t-v-Hi.anciiari) II. CUNYNCnAMK, '•y^o. ALPH. DE COURCEL. JOIIX ^V. FOSTER. CHAULES II. TUPPER. A. IMBERT. Secretaries Inclosuro 3 in No. 90. Pioiocole No. 32. — Se'ance au Vendredi, 2 Juin, lb{)',i, LE Tribunal s'est reuni a 11 heures 30, tons les Arbitres etant presents. Sir Richard Wehsli'r rej)rend son argumentiition. La seance est suspendue a 1 heure 30. A la reprise. Sir Richard Webster continue sa plaidoirio. A 4 heures la seance est levee ct le Tribunal s'ajourne jusqu'au Mardi, 6 Juin, a 11 heures 30. Ainsi fait ti Paris, le 2 Juin, 1893, et ont signe : Le President ALPH. LE COURCEL. L'Agent des fitats-Unis .. .. JOHN W. FOSTER. L'Agent de la Grande-Bretagne .. CHAR LKS II. TUPPER. Le Secretaire . . . . . . A. IMBERT. f 78 [English version.] Protocol No. ^2.— Meeting of Fridai/, June 2, 1803. THE Tribunal nssciublod at 1 1'30, all tlio Arbitrators boinij present. sir Richard Wehnter resumi'd his argument. At 1"30 the Tribimal took a reeess. On reassembling, Sir lUchard Wcbulcr eontinncd liis argument. At 4 P.M. the Tribimal adjourned until Tuesday, the Otii June, at 11"30 A.M Done at Paris, the 2nd June, 1803, and signed : The President The Agent for the United States The Agent for Great Britain The Secretary Translation ocrtificd to bo accurate : (Signed) A. Bailly-BlaxciiarD: II. CUNYNOUAME, ALPIT. UE COURCEL. J >1IN AV. rOSTER. CHARLES II. TUPPER. A. TMBERT. .}c Co-Secretitries>. '.•.;•!!. lendemain a Inclosuro 1 in Xo. 90. Prolocole No. ^3. — Seance dii Maidi, G Juin, 1893. LE Tribunal s'est rduni ii 11 heures 30, tons les Arbitres ctant presents. Son Excellence M. Gram, Arbitrc designo par la Suede et la Norv^ge, donno loctuvc de la d«5claration suivante : — "Le premier volume de rAppendice au ilemoire des I'^tats-Unis donnc Ic textc do la loi et des rf^glements concernant la jjrotectiou des baleines sur la cote do Einmark. "J'avais I'intentiou d'expliquer ultericureuicnt h nies collogues ccs lois et r^gle- raeiits en indiquant les circonstances naturelles qui out oblige la XorveL!;(> et la Suede a ndopter ime legislation specialc pour les canx torritoriales, et d'(>xpiimer en memo teiii|)s mon opinion sur la question de savoir si cettc legislation et les questions aux- qucllcs elle se rapporte pouvent etre considerees conime ayant que! quo portco a legard (ics (piestions actuellcment debattues. " Comnie, toutefois, on a fait allusion, a plusieurs rcj)rises, pendant les dernit^res fcanees, a la legislation Norvi'giennc sur la matii'-re, i'estinie qu'il y aiu'ait prosentcment iiitc'ivt a donncr un brof expose des traits los ])lus saillanfs de eetle legislation. "Le caract^re partieulier de la Loi Norvegiennc citee par les Conseils des fitats- Unis consistc dans la deteimination d'une saison fcrnieo pour la peche dc la baleine. Quant a ses prescrii)tions au sujet des eaux interieurcs et torritoriales, clles nc sont, en sonnne, que {'application a un cas special des priucipes goueraux etablis par la legis- lation Xorvegienne en ec; qui concerno les goli'es et les eaux baignant les c6tes. Un coup d'aul sur la carte suilira pourmontrer le grand nonibre de ces golfes — ou " fjords " et k'ln- importance pour les habitants de la Is'orvegc. Certains de ces fjords ont une etciidue considerable, penetrent tr6s avant a I'intcrieur du pays et ont une trt^s large embouchure. lis ont etc, toutefois, dcpuis un temps immemorial, consideres commo lies eaux int(5ricures, et ce principc a toujours etc maintcnu, mcme a I'egard des titrangers. " 11 y a plus de vingt aus, un Gouverncraent etranger se plaignit de cc qu'on cut empi'che un navire de sa nationalite do pechcr dans un des plus grands fjords du nord (le la Norvfege. Les operations do peebc qui ont lieu dans ces parages pendant les ([uatre premiers mois de I'anneo sont d'une tr(\s grande importance ])our le pays : une treutaine de mille pcrsonnes s'y rcunissent cbaquc annee, du Nord et du Sud, pour gaijner Icur vie. Lc Gouvcrnement soumet a son inspection les operations de peche dans les eaux du fjiird, abrito par une rangee d'iles contro la violence de la mt • . L'apparition dans ces eaux d'un navire etranger emeltant la pretention de preivarc part ii cetto peche etait un fait sans precedent, et, dans la corrcspondance diplomatique t'cliangee a ce sujet, le Gouvcrnement Norvegien insisia encrgiquement sur lo droit exclusif qu'avaient ses sujets, par snite d'uu usage immemorial, de pratiquer cetio imliistrie. " La Su6de et la Norvt^'ge n'ont, d'ailleurs, jamais reconnu la distance do 3 milles conmie formant la delimitation de leurs eaux territoriales. Jamais ces deux pays n'ont conclu aucune Convention ni adhere a aucua Traitc consaciant cetto ri\gle. [691] L ■ ■ ! ^ I h ■ 1 «'^i IL : M li 74 Lours lois natlonalcs out gi'ndraloment flx(5 1ft liniitc ii 1 millo gdoj»ropliiquc on t\ un quiiuif'mc do {loj,'ru do latitude, soit I millos mariiis. lis n'ont jamais admin aucuno liiiiitc Inft'ricurc. l-lu fait, rolativemcnt h la question dcs droits dc i)C'v\u\ si impoitaiits pour I'un I't I'autrc dcs deux llojaunies-Uuis, lesdites limites out semlilt', dans beaueoup de eas, encore trop rostreintes. Quant h eette (luestion ct i\ cellos (jui s'y rattacliiMit, jo desire ni<> reporter aux eonnuunieations faitcs par les membres Nowe- gicns ct Suedois, au cours dcs seances de I'lnstitut do Droit Intcriiationol, en l8i)l ct 181)2. Jo ticns aussi, en cc (|iii touclio lo sujot quo jo viens do traitor sommairemciit, Ii mo rofcrer aux comptes rendus dcs travaux do la Conference do La Haye en 1*>S2 (' Nouvcau l?eeueil (iencral de ^larteiis, 1 P' serio, vol. ix '), oil so trouvent exposi'cs les raisons pour losquelles la SnMo, ct la NorN^yo n'ont pasadhere au Traite do La Have." Lo I'rcsidont prie les Conseils dcs deux parties d'avoir presentes h I'esprit' los obsorvations do sou IJxceUenee ^L Ciram, au cas oti ils auraient i\ citer rexeinpic dcs caux do la Norv^ge ; niais il croit devoir rappelcr quo la question do la dellnition dcs caux territorialcs u'est pas soumiso aux Arbitrcs ct qu'il u'cst pas dans les inluu- tions du Tribunal d'exprinier une opinion en cc qui conccrno cctto definition. Sir Richard Webster reprend alors son argumeutatiou. La seance est susj)endue a 1 licuro 30. A la reprise, Sir Richard Webster continue sa plaidoirie. A 4 heures, la stance est Icvoe ct lo Tribunal s'ajourue au lendomain i\ 11 licures 30. Ainsi fait ii I'aris, Ic Juin, 1893, ct ont signo : Lo President ALPH. DE COURCEL. L'Agent des Etats-Unis . . . . JOHN W. FOSTER. L' Agent dc la Graudc-lU'ctague . . CHARLES IL TUl'PER, Lo Secretaire A. IMBERT. ■ i- [English version.] Protocol No. ZZ,— Meeting of Tuesday, June 6, 1893. THE Tribunal assembled at 11-30 a.m., all the Avbitratoi-s being present. His Excellency M. Gram, the Arbitrator designated by Sweden and Norway, read the following statement : — " The Appeiulix, vol. I, to the United States' Case, gives the text of the Laws aiul Regulations relating to the protection of whales on tho coast of Einnmarken It was my intention later on to ex])lain to ray colleagues these Laws and Regulations, in supplying some information about the natural conditions of Xorway and Sweden wliicli have necessitated the establishment of special rules concerning the territorial waters, and to state at the same time ray opinion as to whether tlioso rules and their subject- matter may be considered as having any bearing on the present case. As, however, in tho latest sittings reference has repeatedly boon made to tho Norwegian legislation concerning this matter, I think it might bo of some use at the present juncture to give a very brief relation of the leading features of those rules. "The peculiarity of tho Norwegian Law quoted by tho Counsel for the United States, consists in its providing for a close season for the whaling. As to its stipida- tions al)out inner and territorial waters, such stipulations are simply applications to a speciiil case of the general principles laid down in the Norwegian legislation concerniiii,' the gulfs and tlie waters washing the coasts. A glance on the map will bo sufllcient to sliow the great niunber of gulfs or fiords, and their importance for tho inhabitan's of Norway. Some of these fiords have a considerable develojimeut, stretching thoii;- selves far into tho country and being at their mouth very wide. Nevertheless they have been from time immemorial considered as inner waters, and this principle has always been maintained, even as against foreign subjects. " More than twenty years ago, a foreign Government once complained that a vessel of their nationality had been prevented from lishiiig in one of the largest liordj of Norway, in the northern ])art of the country. Tlie lishing carried on in that neigh- bourhood during tho first four months of every year is of extraordinaiy importance to the country, some 30,000 people gathering there from south and north, in order to earn their living. A Government inspection controls the fishing going on in the Avateis of the fiord, sheltered by a range of islands against the violence of the sea. The appearance in these waters of a foreign vessel pretending to take its share of the fishing, was an unheard'Of occurrence, and in the ensuing diplomatic correspondence the exclusive LI licurcsSO. 75 right of Norwegian subjects to (his industry was ciicrgclioally insisted upon as foucded ill immcinorial practico. " JJcsidcs, Norway and Sweden Iiavo never reeoi^nizod the S-milo limit ns the conlliies of their territorial waters. 'Jlii'v liavc neither oonchided nor acceded to any Treaty conseeratiu!,' that rule, I5y their niunieipal laws the limit has generally heeu fixod at I geographical mile, or oiuj-lilU'eiith pait of a degree of latitude, or A niarino inilcs; no narrower limit having ever been adopted. In fact, in regard to this qiiostion of tiio lishing rights, so important to both of the United Kingdoms, the said limits Irivo in many instances been tound to bo even too narrow, As to tiiis question and others thercnvith connected, I beg to refer to the eommunieations presenteil by tho Xoi'wogian and Swedish members in tho sittings of the ' lustitut dc Droit International' ill 18'J1 and 181)2. I wish also to refer, concerning the subject which I have now very brii'lly treated, to the proceedings of the Conference of tlu; Ilaguo in 1882 (' Jlartens' Nouvcau lloeueil General, 11" serio, vol. i.v '), containing the reasons why Sweden and Norway have not adhered to tho Treaty of tho Ilaguo." The President requested that Counsel on both sides would bear in mind tho obser- vations of his Excellencij M. Gram, in case they found it necessary to cite the example of the waters of Norway, but thought it his duty to remind them that tho question of the definition of territorial waters was not submitted to the Arbitrators and that it was not tho intention of tho Tribunal to express any opinion with respect to that definition. Sir liichard Webster then resumed his argument. At 1'30 the Tribunal took a recess. On reassembling, Sir liichard Webster continued his argument. At Ji P.M. the Tribunal ad'ourued to tho next day, at il'30 A.M. Done at I'aris, the 0th .Tunc, 189;{, and signed : The I'resident . . The Agent for the United States The Agent for Great Britain The Secretary t\ ALPII. DE COURCEL. JOHN W. POST Kit. CUARLES U. TUPPER. A. IMBERT. Translation certified to be accurate : (Signed) A. 13ailly-13lancuakd, H. CUNTOUAME, ■} Co-Secretaries, al Inelosurc 5 in No. 90. Protocole No^ SL'—S/ance du Mercredi, 7 Juin, 1893. LE Tribunal s'est r6uni a 11 hcures 30, tons les Arbitres etant presents. Sir Richard Webster reprend et termino son argumentation. ^f. Christopher Robinson commence eusuite son plaidoyer. La seanco est suspendue a 1 heurc 30. A la reprise, A/. Itobinson continue son arguraei. on. A 1 hcures la seance est levee et le Tribunal s'ajournc au lendemain a 11 houros. Aiusi fait ii Paris, le 7 Juin, 1893, et ont signe : Lo President ALPH. DE COURCEL. L'Agcnt des fitats-Unis . . . . JOHN W. FOSTER. L' Agent dc la Grandc-Brntagno . . CHARLES H. TUPPER. Le Secretaire A. IMBERT. "lU ined that a [English version.] Protocol No. SL.—Mcetimj of Wednesday, June 7, 1893. THE Tribunal assembled at 11-30 a.m., all tho Arbitrators being present Sir Richard IVebstcr resumed and concluded his uvgumeut. Mr. Christopher Robinson then began his argument. At 1*30 the Tribunal took a recess. On reassembling, Mr. Robinson continued his argument. [691] L 2 . ■y;-! :f' y^. 1l w At t P.M. tlie Trihmiftl (idjournod to tlio next day, nt II cVlock. Done at I'uris, tlic 7th .lime, IS'.KJ, and sigufd . Tlif IVosidcnt Tlic A!,'ciit for tlio Unitod Sfitts . Tlio Ai^ciit for Great IJritaiii The Sfcrotary Translation certified to he noeurate : <**""■' i'.'ci?i->:;ur.^:"""'}c„.«„„,.,.>.. ALIML. DK COUnCKl. JOHN AV. l'08Ti;i{. CHAIILES II. TUJ'"i;h. A. IMJJERT, Inclusure G in No. 90. Vinlocolf So. 35.— .SV«nc^ du Jendi, 8 Juin, 181)3. L!'! Triliuiial s'est reiiiii en Chanihre du Conseil, a 11 hcures, tous ie> Aihilivs etani presents. La seaiiee puhliipie a eoninienee a niidi. Mr. Cliri.ilnplirr /^ ihinsnn eonlimie et ae}n''ve son arsfumentation. L'Aifent des l^tats-lJiiis doniie alors leeture (h' la (h'-elaration suivanto: — " he Uoiivernenient di-s Ktat.— Uni<, — pour le eas oii la solution doinit5e ])ar Ic Ihmt Trihunal u eerlaines (|iiestioiis indiqiu'cs d;nis rArtieJe VIT du Traito comrne etant Ics ' questions ei-dessus relatives a la jnridietion exelusivc des Ktats-Unis' serait, aiusi (pril est e!ioi\('('' flans ledit Artiele VII, ' (elhvs que le eoncours de Ui (Jrande-Hretaniic suit neeess;tin' a rinstitulion de ll^^lenients «mi viii" di- la protection efTicaee et di' lii conservalio:i des plioqiie-! a fo'irrure hahitant ou Irequentanl hahituejleiuent la ^Icr dc I'chrin^','— expose (jue les l{(''i,'lenients suivantssont necessjiircs et dovraient s'appli(pieu auK eaux dont il sera fait mention a eet elVet ci-apres: " Piemihrcmrnt. — Aucun eitoyen on sujet des Rtats-Unis ou dc la Gninde-Ureta^'iic ne pourni, dc (lUfUjue l'a(;on (|ue ce soit. luer, cajiturer, ou poursuivro sur aucun point de la nier. dans les homes et liniites ci-ajmVs marquees pour la mise en vigucnr du present Uei,'lement, anom (h-s animaux communenient ai)pelej! ' phoques a fournire.' " Ddivieiiieiiieiit. — Le l{ei;lenient (|ui preei'de s'appliqueni et s'eteudm h toutes k's caux de I'Ocean Paeifitjue Se|)fentrional ou de la Mcr dc Bcliring, au nord du 35" parallele de latitude nonl, et a Test du 180' mcridien dc longitude onest de (ireenwich, en dehors des limites de la juridiction des nations ci-dessu^ raentionnces. Toutcfois, il ne s'appli(iueni pas h la poursuitc et h la capture desdits phoques par les ludiens rcsidant sur les cotes des tcrritoires dc la Grande- Brctagne ou des Ktats-Unis, pour leur usage personnel, au moycn de harpons, dans dos pirogues ou enibarcations non pontees, non cmbarquces sur d'autres navircs ou detaehees de eeux-ci, manoeuvrces uniqueincnt a la pagaic, et quincsoicntpasmontoes par plus dc deux homines chacunc, dc la facon ancicnncment prtvtiquco par ees ludiens. " Troi.sieinement.—'l\mi vaisscau, navire, bateau ou autre cmbarcation (en dehors des pirogues ou cmbaroitions mentionnccs et dccrites dans le jMiragraphc preeedent), appartennnt aux citoycns ou sujets de I'une ou I'autrc des nations susdites, qui seniit trouve detruisant, poursuivant ou eapturant lesdits jjlioques, ou engage dans lui voyage ayant ce but, dans les caux ci-dessus delimitees et dccrites, pourra, avec ses agrf-s, a])paraux, materiel, ])rovisions et toutes les peaux de phoques qui sc trouveraieiit a bord, etre capture ct saisis coinme prise par tout navire arme pour Ic service public de I'une ou I'autre des susdites nations ; et dans le eas d'une telle capture, il pouira etrc anicne dans tout port de la nation a la(iuclle appartiendrait le navire capteur et 6trc condainnt^' en suite d'une procedure devant tout Tribunal ayant juridiction competente, laquellc procedure sera conduite, autant que fairc sc pourra, eou- formcmeut aux usages et a la i)ratique des Cours d'Amirautc siegeant conimc Tribunaux dc Prises." L' Agent des fitats-Unis donne eu;alement lecture dc la proposition suivantc: — " Le Gouvcrnement des Ltats-Unis propose de substituer aux conclusions de fait pr«5sentces par le Gouvernement dc la Grandc-lirctagne les conclusions suivantcs. Dire: " 1. Que les diverscs visites et saisies de navircs ou de marchandiscs ct les difFcrentcs arrestations de capitaines ct d'cquipages, mentionnccs respect ivement dans laditc Annexe ont etc faites par aiitoritc du Gouvcrnement des Etats-Unis. Sur la question de savuir quels nayircs ct combieu parmi les navires mentionnds dans cetto Annexe ctaient cu 77 s Icj Arl)ilivs tmi( oil •"" pnrtiu '"■ propritSt*^ do siijcts Miitiiiiiiiquos, ot quels navircs ot comhini narmi ces iiavirrs t'liiiont on tout on on pjutio la proprioto do oitoyons Ainoricans, lo Tribunal „,' M', prononco pus. II no dt5torniinc pas non plus la valour do cos navircs ou do lours ,an,'Mi''<>ns, onsomblc ou soparoniont. "2. Quo lc8 Husditos saisios ont v)t6 faitos on nior a plus do 10 niillos do toutc ";{. Quo losditos visilos ot saisios do naviros ont oto faitos par dea naviros armds iioiu' lo sorvioo public dos Rtats-Unis, dout los ConunaMdanls avait ro(;u, toutos los I'ois (iiiVlltM ont ou liou, du I'ouvoir Hxooutif du Oouvornonioiit dos l^ltals-Unis, dos iiistniotions dont un cxomplairo ost roproduit on copio oi-apn\s (.Vntu'xc A), los aulres cxoinplairos dosditos instructions otant conl'ornios h co niodtMo sur tons los points isscntiols ; quo dans tonics los occasions ou dos pi>ursuitc8 cntamo(!s d(!vant los Cours dc District dos l-Itats-Unis ont oti's suivios do condamnations, cos poursuitos out dobuto par lp(lt'i)6t d'un aoto d'accusation, dont unc copie ost annoxt'-o ci-dossous (Annoxt; i\), Ics act cs d'aoousat ion doposos dans los autrcs procedures otant, on tons points osscnticls, st'mlilal)lo 11 CO modolo; que los aotos ou dolits alloguos conmu' motifs do cos visitcs ct siiisios ont »He aoconijjlis ou cominis en mor a plus do 10 millos do touto cote; ct quo, dans tons los oas on uno c:)ndanuuition a oto pronoiicco, exoopto dans l<>s cas ou lo iiaviio a etc rolAcbo apn^'s condamnation, la priso a oto a|)prouvoo par lo (jouvornomont lies Ktats-Unis; (luc los amondos ot omprisonnonuMits susdits out oto proncmcos a raisins d'infraotions aux lois nationalos dos fitats-Unis, infractions tyutos comniisos en mi'r a plus do 10 millos do touto colo. '• l. (^110 los difforonts onlr-s, nientioniios dans laditc; Anucxo, onjoii^nant u certains uavii'os do (piittor la Mor »1(! IJoliriuL,', out oto dounos par dos naviros arnios pour lo scrvico p\iblic dos l"]tats-Unis, dont b-s Command iiits avaiont, toutos los fois qu'ils (lonnaient cos ordros, dos iiistruotions conformos I'l oollos iiKnitiounoos ci-dcssus sous lo No. 3, ot quo los naviros (pii ont rocyu cos sommations otaiont oooupos u la cbasso (k's jilioqiios ou faisaiont route pour ontroprondn' i.otto cbasso. '■'}. Que losditos visitcs, saisios, oondaninations, oonfisoalions, amondos, n'out dto opiMVOS ou imposoos; quo losdits omprisDnnoinonIs ot ordros n'out oto inlligos ct (lonni's en vcrtu d'aucuue protontion ou aflirmatiou do droit ou do juridiction, autrcs (ino oollos qui sont soumisos a la docisic (b*j Arbitros par los questions posocs dans TArliolo Yl du Traitc d'Arbitrago. '• 0. Que los Coui-s dc District dos l^tats-Unis dcvant Icsqucllcs dos poursuitos ont I'to ontamoos ou suivies pourobtonir dos con lumnations contro los naviros saisis dont il est fait mention dans rAunexe an !Mcmoire do la Grandc-Brotagnc, piges 1 a CO iiiL'bisivemont, avaient tous droits do juridiction ot pouvoirs apparlenant au Cours d'Aniirauto, y compris la juridiction dc Tribuuaux do I'rises." Annexe (A). (Voir: Contre-Memoiro AiiglaiB, Appcudice, vol. 1. p. 72.) ' (Traduction.) Di'partemeut Jn JWsor, Cabinel all, Attorney des Etats-Unis pour le district d'Alayka, ])oursuivaut an nom des Etats-Tnis ot prc'ecnt ici dcvant la Conr, en sa pcr.itnine ccmnie Represcntant des Etats-l'nis et en lenr nom. contrc la goelette " Tliornton," ses t\p:th, apparaux, embareatiune, cargaisdna et materiel et eontro tontes pcrsonnes iutervenant cemme ayant des interefs eiigagi's dans cc naviro. en ponrstiito i\ iiu do eontiscatiou, pre.sento Ics allegations et declaratiou.s Buivantes : Quo CliarUs A. Aliboy, (illieirr du eervieo dos l>ouaneB Maritimes des Etats-Unis, eharji;L' d'tmo mission speeiale dans les cans du district d'Alaska, iuiteriein-cnicnt au present j(jur, a savuirle 1" AoAt, lSH(i, dans los liniites du territnire d'Alaska et dans ses eanx, et dans les limit, mlu district civil et judieiaire d'Alaska. h savoir dans lY'tendue des eaux de cettu partio de la Mi r do Bebring qui a]ipartient au dit district, dans des eaux navigables pour des iiavires veiuuit do la haute mer et jangeant 10 tonneaux on au-dessus, a saisi lo vait:seau ou navive conuntniinHut deijomnie goelette, lo " Tliornton," ses agres, apparaux, (Mnbareations, eargaison ot niaU'riul, lesquela ctaient la propriete d'uue ou de plusieurs personnea inconnnes dudit Attorney, et Ics a eontisques au profit des Etats-Tuis pour les causes ci-aprus : Qne ledit navire ou gnelctte a I'te trouve .so livrant a la destruction des pho(piC8 a fourrnrc, dans les limites du territniro d'Alaska et de ses eaux, eu violation des dispositions do la Section rj56 des Statufs Hevises des Etats-Uuis. Et ledit Altoruey declare qne tonics les propositions ci-dessus enoncees et cliacune d'ellcs sont et etaient vraies, et qu'elles tondieut sous la juridiction maritime ot d'Amiraute do cettc Cour, et que, pour cette raison, et en execution des Statuts des Etats-Unis etablis ot edictes juiur de tels cas, le navire nu la gdclotte nieiilioiiiK'o et decritc ci-dest;us, jaugeant plus de 20 tcjnneaux, sia agres, ajiparanx. embarcatiims, eargaison et mati'riel out etc et stmt confisqucs an profit des I'ilats- Uuis. et qne ladito goelette se trouve maintenant dans lo district snsdit. Ce jioiu'qnoi ledit Attorney deniande cpio I'honorablo ('our de .Itiftice proci'do et aviso coiiimo d'usago en eette afi'aire, et (jue tontes personnes ayant un interet dans ladito goelette ou navire soient litees j)ar voie d'assignation generale nu spcciale, afin do repondr(? aux propositidua susenonccea, et (pie, ii la suite de la procedure a ce neeessaire, ledit navire ou goelette, ses agiis, ajiparaux. enibarcations, eargaison et. materiel, soient condamnes pour ladito cause ou toute autre qu'il apparaitrait juste, par arret t'oriuel et decret de cette lionoraido Conr, et confisquc's au piolit desdits Etats-l'nis, selou la forme dee fcstatuts dusdits Etats-l'nis, etablis et edictes jiour de tels cas, (Sign(5) ^ Jr. 1). BALL, Attorney des Etats-Vnis pour le Ihatrkt d'Alaska, La sdancc est si'sp(!iiduc a 1 liouro 30. A la reprise, Sir Charles Russell commence sa jjlauloirie, pour Ic Gouvernemciil do la Grandc-13rctagnc, siir la question des Eoglements prevus par I'Article VII du Traile d'Arbitragc. La seance est levee u 1 licures, et le Tribunal s'ajourne au lendemain, a 11 heures 30. Ainsi fait i\ Paris, le 8 Juin, 1893, ayant signd : Le Tr^'sidcnt . . * . . . . ALIML DE COURCEL. L'Agent des l^tats-Unis .. .. JOilX W. EOSTET5. L'Agent do la Graudc-Brctague .. CILUILES II. TUITEE. Lc Secretaire A. IMBEllT. [English version.] Prolocole No, 35. — Meeting of Thursday, June 8, 1893. THE Tribunal assembled in the Council Chamber at 11 o'clock, all the Arbitrators being present. The public nitting eonnncufed at noon. Mr. (Jhristoplier Robinson continued and finished his address. The United States' Agent tlien read the following statement:— "The Government of tlie United States, in the (!vent that the determination of the Iligh Tribunal of certain questions described in the Vllth Article of the Treaty as 79 'tlio forogoii^g questions as to the exclusive jurisdiction of the Unitod States ' should, as montionecl in said Vtlth Article, * leave the subject in such a condition that the concurrence of Groat Britain is necessary to the establishment of llegulations for the pnper protection ami preservation of tlio fur seal in, or habitually resorting to, BeliviiiE: Sea,' submits that tlie following' roi?ubitions are uocessiary, and that the same should extend over tlic waters liereinafter in that beliaU' mentioned . '^ Firstly.— '"No citizen or subject of llic United States or Great Britain shall in any maunor kill, capture, or pursue anywhere upon the seas, within the limits and boundaries next liereinafter prescribed for the operation of this llegulation, any of the animals commonly called fur seals. " Secondhj. — The foregoing regiilaliou shall apply to and extend over all those walers outside the jurisdictional limits of the above-mentioned nations of the North racido Ocean or Bebring Sea, which are north of the 35th parallel of nortli latitude, and east of the 180th meridian of longitude west from Greenwich. Provided, however, that it shall not app'/ to sucli pursuit and capture of said seals as may 1)o carried on by Indians dwelling on the coasts of the territory, either of Great Britain or the United States, for their o\ni personal use, with spears, in open canoes or Ix ats not transported by, or used in connection with other vessels, and propelled Avholly by paddles, and manned by not more than two men each, in the way anciently practised by such Indians. Thirdhj. — Any ship, vessel, boat, or other craft (other than the canoes or Ijoats mentioned and described in the last foregoing paragraph) belonging to the citizens or subjects of cither of the nations aforesaid, which may be found actually engaged in the killing, piu'suit, or capture of said seals, or prosecuting a voyage for that purpose, within the waters above bounded and described, may, with her tackle, apparel, furniture, provisions, and any seal-skins on board, bo captured and made pri/c of by any public armed vessel of cither of the nations aforesaid; and, in case of any such capture may bo taken into any port of the nation to which the capturing vessel belongs, and be condemned by proceedings in any Court of corapci;on; jurisdiction, which procc(Mlings shall be conducted, so far as may he, in accordanco with the course and practice of Courts of Admiralty when sitting as Prize Courts." The Agent of the United States also read the following statement: " Substitute proposed by the Government of the United States for findings of facts submitted by the Government of Gn>at Britain: — "1. That the several searches and seizures, whether of ships or goods, and the levcial arrests of masters and crews, respectively ip.entioned in the said Schedule, Avcrc made by the authority of the United States* Government. Which, and how many of tlio vessels mentioned in said Schedule were in Tfhole, or in part, tlie actual property of iSiitish subjects, and which ami how many where in whole, or in part, the; actual ])roperty of American subjects, is a fact not i>:issed upon by this Tribunal. Nor is the value of said vessels or contents, or either of them, determined. "2. That the seizures afore.-aid wen^ made upon the sea moic than 10 miles from vwy shore. ".1. That the said several searches and seizures of vessels were made by public Mined vessels of the United States, the Commanders of which had, the several times when they were made, from the Executive Department of the Government of the United States, instructions, a cojiy of one of wliieb is juinexed hereto, marked 'A,' ami tliat the olhers were, in all substantial respects, the same; that in all the instances in which proceedings were had in th;; District Courts of the United States resulting in (oiidcniuation, such proceedings were begun by the tiling of libels, a cojjy of one of whirli is annexed hereto, marked ' B,' and that the libels in the other proceedings were, i:i all substantial respects, the same ; that the alleged acts or olVences for which sai(l -i'wal searches and seizures were made, ivere, in each case, done or committed upon t!ii^ K'lis more than 10 miles from any sliore ; and that in each case in M'hieh sentence of ciindcmnation was had, except in tlio.se cases when the vessel was released after I oiul(>innation, the cajiture was adopted by the Government of the United States. That the said fines and imprisonments were for alleged breaches of the municipal laws ol' 111- United States, which alleg(!(l breaches were wholly committed upon the seas niiire than 10 miles from any shore. "I. That the several orders mentioned in said Schedule warning vessels to leave bolning Sea were made by public armed vessels of tlu^ United States, tlio Commanders of Avliich had, at the several tinujs when they were given, like instructions as mentioned in finding 3, above proposed, and that the vessels so warned were engaged in sealing or prosecuting voyages for that purpose. ■•■■'( 1 ; 5o of the Revised Statutes of the United S'tates. And tho said Attorney saith that all and singular the premises are and were true, and within the Admiralty and mr.ritimo jurisdiction of this Coiu't, and that by reason thereof, and by force uf the Statutes of the United States in such cases made and provided, the afore-inentionecl luul described schooner or vessel, being a vessel of over 20 tons burden, her tackle, apparel, beats, cargo, and furniture, became and are forfeited to the use of the said United States, and that said schooner is now within tho district aforesaid. Whereforo the said Attorney prays the usual process and monition of this honourable Court issue in this behalf, and that all persons interested in the before-mentioned and described schooner or vessel may be cited in general and special to answer the premises, an< . . Done at Paris, the 13th June, 1893, and signed The President The Agent for the United States The Agent for Great Britain The Secretary ALPH. DE COURCEL. JOHN W. FOSTER. CHARLES H. TUPPEK. A. IMBERT. Translation certified to be accurate : (Signed) A. Baillt-Blakchard, H. CUNTNOHAME, } Co- Secretaries, Liclosure 9 in No. 90, Protoeole No. 38. — Se'ance du Mercredi, 14 Juin, 1893. LE Tribunal s'est rduni h 11 heures 30, tous les Arbitrcs dtant presents. Sir Richard Webster reprend son argumentation. La s^nce est suspenduc h 1 heure 30. A la reprise, Sir Richard Webster continue sa plaidoirie. A i heures la s^nce est levt^ et le Tribunal s'ajoume au lendeniain h 11 heures 30. Ainsi &it h Paris, le 14 Juin, 1893, ct ont signd : Le President ALPH. DE COURCEL. L' Agent des fitats-Unis . . . . JOHN W. FOSTER. L' Agent de la Grande-Bretagne . . CHARLES H. TUPPER. Le Secretaire A. IMBERT. 1.: 11 hcurcs30. 83 [Knglish version.] Protocol No. SS.— Meeting of Wednesday, Ju.ie li, 1893. THE Tribunal assembled at 1130 a.m., all the jVjbitrotors being present. Sir Richard Webster resumed his argument. At 1*30 the Tribunal took a recess. On reassembling, Sir Richard Webster continued his argument. At 4 P.M. the Tribunal adjourned to the next day at 11*30 A.il. Done at Paris, the 13th June, 1893, and signed : The President ; The Agent for the United States . The Agent for Great Britain The Secretary ALrn. DE COURCEL. JOHN W. FOSTER. CHARLES n. TUPPER. A. IMBEllT. Translation certified to be accurate : (Signed) A Baillt-Blanchard.-I c ^g . H. CUNYNGUAME, J "«^'-' ""'•"• Inclosure 10 in No. 90. Protocole No. 39. — Se'ance du Jeudi, 15 Juin, 1893. LE Tribunal s'cst rduni h II heures 30, tous les Arbitres (Jtant prdscnts. Sir Richard Webster reprend son argumentation. La st5ancc est suspenduc i\ 1 hcurc 30. A la reprise. Sir Richard Webster continue sa plaidoirie. A 4 heures la stance est levde et le Tribunal s'ajournc au Icndemain h 11 heures. Ainsi fait ti Paris, Ic 15 Juin, 1893, et out sign6 : Le President ALPH. DE COURCEL. L'Agont des fitats-Unis . . . . JOHN W. FOSTER. L'Agent do la Grande-Bretagno ., CHARLES H. TUPPER. Le Secretaire A. IMBERT. [English version.] Protocol No. S9.— Meeting of Thursday, June 15, 1893. THE Tribunal assembled at 11"30 a.m., all the Arbitrators being present, Sir Richard Webster resumed his argument. At 1 30 the Tribunal took a recess. On reasembling. Sir Richard Webster continued liis argument. At 4, P.M. the Tribun.al adjourned to the next day at 11 a.m. Done at Paris, the 15th June, 1893, and signed The President The Agent for the United States The Agent for Great Britain The Secretary . . Traoslation certified to be aocurato : (Signed) A. Baillt-Blanchabd, H. CVNTNOHAHE, V4 } ALPH. DE COURCEL. JOHN W. FOSTER. CHARLES H. TUPPER. A. IMBERT. Co-Secretariet. [691] M 2 si,; f£ 84 liti'i 'MiM 'in No. 91. Mr. Tapper to the Earl of Itosebery. — {Received July 8.) My Lord, Port*, July 7, 1893. ME. PnELFS, in continuing bis argument on the 5th instant, dealt 'vdth the question of the extent of the freedom of the sea. He then passed on to consider the facts to which the abstract rules propounded by him were to be applied. After a reference to the value of the sealing industry he proceeded to attack pelagic sealing, and for that purpose entered into an examination of the evidence submitted by both sides. He first referred to the question of the number of female seals killed at sea, and did not finish his observations on this subject until yesterday. He next discussed the evidence respecting the dead pups found on the islands, and concluded the day's proceedings vith a reference to the criticisms made on the British side with regard to the management of the sealing industry on the islands by the United States' authorities. Mr. Fhelps announced that he hoped to be able to finish his speech to-day. I have, &c. (Signed) CHAELES H. TV^^^Hi. No. 92. Mr. Tapper to the Earl of Rosebery, --{Received July 12.) My Lord, Paris, July 11, 1893. IN his speech on the 7th instant Mr. Phelp'j concluded his argument against pelagic scaling, and after the luncheon interval proceeded to deal with the question of Ilegulations. His remarks on this subject were directed to prove the inadequacy of the measures preposod on the British side to preserve the seals from extermination. He was unable to close his address before the hour of adjournment, and it was arranged that the Tribunal should sit at 2 o'clock on the following day to enable him to conclude. On the 8th instant Mr. Phelps fini^'bcd his speech, and after an expression of thanks on both sides to the President and other Arbitrators, the public sittings of the Tribunal were brought to a close. I have, &c. (In the absence of Mr. Tupper) , (Signed) E. P. MAXWELL. No. 93. Mr. Tupper to the Earl of Rosebery. — {Received July 19.) My Lord, Paris, July 18, 1893. I HAVE the honour to transmit to your Lordship copies of the oflBcial Protocols of the proceedings before the Tribunal of Arbitration, Nos. 4.0, 42, 43, 44, 45, AG, and 47. Owing to the necessity of making some alterations in the text, the 41st Protocol has not yet been issued. I iiave, &c. (Signed) CHAELES n. TUPPER. 11 im. 80 Inolosure 1 in No. 93. ^ •v' ■ ' 11. Protocole No. 40. — Seance du Vendredi, 16 Juin, 1893. LE Tribunal s'est r6uni ii 11 houros, tous les Arbitros 6tant presents. Sir Richard Webster reprend son argumentation. La stonce est suspcnduo t\ 1 hcurc. A la reprise. Sir Richard Webster continue sa plaidoirio. En levant la s(^ance, h 3 heurcs 30, le President annoncu que, pendant I'abscnco temporairc do Mr. Cunynghame, lo Tribunal autoriso Mr. Ilenry Hauueu, avocat, ii i'em])lir aes fonctions. Puis le Tribunal s'ajourno jusqu'au Mardi, 20 Juin, h. 11 hcures 30. Ainsi fait t\ Paris, lo 16 Juin, 1893, et ont sign^ : Le Prdsident ALPH. DE COURCEL. L* Agent des l^tats-Unis . . . . JOHN W. FOSTER. L' Agent do la Grandc-Brctagne . . CHARLES U. TUPPER. Le Secretaire A. IMBERT. .V.il [English version.] Protocol No. 40. — Meeting of Friday, June 16, 1893. Ust Protocol THE Tribunal assembled at 11 o'clock, all tho Arbitrators being present. Sir Richard Webster resumed his argument. At 1*30 the Tribunal took a recess. On reassembling. Sir Richard Webster continucid his argument. The President, in adjourning, announced that during the temporary absence of Mr. Cunynghame, the IVibunal authorized Mr. Ilenry Hannen, Barristei'-at-Law, to perform liis duties. At 3'30 P.M. the Tribunal adjourned until Tuesday, 20th June, at 11*30 a.m. Done at Paris, the 16th June, 1893, and signed : The President Tlic Agent for the United States. , The Agent for Great Britain The Secretary . . , . . . ALPH. DE COURCEL. JOHN W. FOSTER. CHARLES H. TUPPER. A. IMBERT. Translation certified to be accurate : (Signed) A. BAiLiiY-BiANCiiARD, H. Cunynghame, ■} CO'Secrelanes. Inclosure 2 in No. 93. Prctocole No. 42. — Stance du Mercredi, 21 Juin, 1893. LE Tribunal s'est r6uni k 11 heures 30, tous les Arbitres ^tant presents. Sir Richard Webster pr^sente et propose de lire au Tribunal certains documents qui viennent d'etre distribuds au Parlement Britannique et qui contiennent uno corres|)ondance entre la Grande-Bretagno et la Russie au sujet des saisies de navires Anglais par les croiseurs Russes dans la Mer de Behring. Mr. Carter s'oppose h ce que ces documents soient considdrds commc ayant 6t6 d^pos^ dovant le Tribunal. Aprds avoir consults ses coUfegues, le President declare que le Tribunal autoriso la lecture de ses pieces, mais en se rdservant de d^ider ultdrieuremeut si dies serout admises ou non comme moyen de preuve. Sir Richard Webster lit alors un extiait des documents en question. Mr, Chriitopher Robinson reprend ensuite son argumentation. . . La stence est suspendue h 1 heure 30. A la reprise, Afr. iZoftifMon continue et aohdve sa plaidoirie. jl- .«'<..> ft Oil ?i; m n \% Vi 86 A 3 houres 60 la s^nce est lovce v.t lo Tribunal s'ajouruc au lendemaia i^ 11 heures 30. Ainsi fait h Paris, le 21 Juin, 1803, ct ont signd : LePr^sidpnt ALPH. DE COURCEL. L' Agent des fitnts-Unis . . . . JOHN W. FOSTER. L' Agent de la Grande-Bretagno . . CHARLES H. TUPPER. Le Secretaire A. IMBERT. m [English version.] Protocol No. '12. — Meeting of Wednesday, June 21, 1893. THE Tribunal assembled at 11*30 a.m., all the Arbitrators being present. Sir Richard Webster produced, and proposed to read to the Tribunal certain docu. ments recently presented to the Parliament of Great Britain containing correspondence between Great Britain and Russia on the subject of the seizure of British vessels by juiussian cniizers in the Behring Sea. Mr. Carter objected to these documents being regarded as before the Tribunal. The President, after consultation with his colleagues, announced that the Tribunal would permit the documents to be read, but reserved to itself for further consideration the question of their admissibility as evidence. Sir Richard Webster then read an extract from the documents in question. Mr. Christopher Robinson then resumed his argument. At 1'30 the Tribunal took a recess. On reassembling, Mr. Robinson continued and concluded his argument. At 3'50 P.M., the Tribunal adjourned to the next day at 11'30 a.m. Done at Paris, the 21st June, 1893, and signed : The President . . . . . . The Agent for the United States. . The Agent for Great Britain . , The Secretary ALPH. DE COURCEL. JOHN W. FOSTER. CHARLES H. TUPPER. A. IMBERT. Translation certified to be accurate : (Signed) A. Baillt-Blanchard, Co-Secretary, Henet a. Hannen, Acting CO'Secretary. Inclosure 3 in No. 93. Protocole No. 43. — Seance du Jeudi, 22 Juin, 1893. LE Tribunal s'est r^xmi h 11 heures 30, tons les Arbitres 6tant presents. L'Honorable Edward J. Phelps commence sa plaidoirie pour les Etats-Unis. La stance est suspendue t\ 1 heure 30. A la reprise, I'Honorable Edward J. Phelps continue son argumentation. La stance est lev^e h 4 heures, et le Tribunal s'ajoume au lendemaia ^ 11 heures 30. Ainsi fait h Paris, le 22 Juin, 1893, et ont sign6 : Le President ALPH. DE COURCEL. LAgent des Etats-Unis .. ., JOHN W. FOSTER. L'Agent de la Grande-Bretagne . . CHAS. H. TUPPER. Le Secretaire A. IMBERT. [English version.] Protocol No. 42.— Meeting of Thursday, June 22, 1893. '!■!-• THE Tribunal assembled at 11*30 a.m., all the Arbitrators being present. The Honourable Edward J. Phelps began his argument on befaalf of the United States. : t^- US 1 J !-')i-fx/ja jjlI At 1*30 the Tribunal took a recess. . A .iR lOyiicjo. si A 87 1 lendemaiu i^ On reassembling, the Honourable Edward J. Phelps continued his argomont. At 4 P.M. the Tribunal adjourned to the next day at 11'30 A.M. Done at Pariu, tho 22nd Juno, 1893, and signed : The President ALPH. DE COUROEL. " ' Tho Agent for the United States. . JOHN W. FOSTER. ■^ 1 The Agent for Great Britain .. CHARLES II. TUPPER. ' The Secretary A. IMBERT. Translation certified to be accurate : (Signed) A. BAlLLY-BiiANOHABD, Co-Secretary. ilENRY A. Hannen, Acting Co-Secretary. Inclosure 1 in No. 93. Protoeole No. 44. — 8/ance du Vendredi, 23 Juin, 1893. LE Tribunal s'est r6unl h 11 heures 30, tons les Arbitres 6tant pr&ents. L'Honorable Edward J. Phelps reprend son argumentation. La s^uioe est sxispendue h 1 heure 30. A la reprise, VHonorable Edward J. Phelps continue sa plaidoirie. A 4 heures la stance est levde ot le Tribunal s'ajourne jusqu'au Mardi, 27 Juin, & 11 bcuresSO. Ainsi fait k Paris, lo 23 Juin, 1893, et ont signd : Le President ALPH. DB COURCEL. L* Agent des fitats-TJnis . . . . JOHN W. FOSTER. L'Agent de la Grande-Bretagne . . CHARLES H. TUPPEE. LcSecrdtairo A. IMBERT. . V, ^ : '.8! I [English version.] Protocol No. 44. — Meeting of Friday, June 23, 1893. THE Tribunal assembled at 11-30 a.m., all the Arbitrators being present. The Honourable Edward J. Phelps resumed his argument. At 1'30 tho Tribunal took a recess. On reassembling the Honourable Edward J, Phelps continued his argument. At 4 P.M. the Tribunal adjourned until Tuesday, the 27th June, at 11'30 A.M Done at Paris, the 23rd June, 1893, and signed : The President The Agent for tho United States , The Agent for Great Britain The Secretary ALPH. DE COUROEL. JOHN W. FOSTER. CHARLES H. TUPPER. A. IMBERT. Translation certified to be accurate : (Signed) A. BAiiLY-BiANonARD, Co-Secretary. Henry A. Hannen, Acting Co-Secretary. Inclosure 5 in No. 93. Protoeole No. 4Ji.— Stance du Mardi, 27 Juin, 1893. LE Tribunal s'est r^uni si 11 heures 30, tous les Arbitres 4tant prdsenta. L'Honorable Edward J. Phelps reprend sa plaidoirie. La s^nce est suspendue h 1 heure 30. A la reprise, VHonorable Edward J. Phelps poursuit son argumentation. i , ,!■ 1 : i *« ".'It . ■ i :; ' %'' : s J iii&K^^ , % HI li iiii ■I 3IB|^Bf I ly m If i lil 1| 88 A 4 lioures la sdanco est lovde ct lo Tribunal •'^jourae ai. londomain i 11 houros 30. Ainsi fuit h Paris, lo 27 Juin, 1803, ot ont sign6 : Lc I'nSsidcnt ALPH. DE COURCEL. L'Apont des Rtnts-Unis . . . . JOHN W. FOSTER. L' Agent do la Grando-Brotagno . . CHARLES H. TUPPER. Lo Secretaire A. IMBERT. [English version.] Protocol No. ^5,— Meeting of Tuesday, June 27, 1898. THE Tribunal assembled at 11"30 a.m , all the Arbitrators being present. The Honourable Edward J. Phelps resumed his argument. At I'SO the Tribunal took a recess. On reassembling the Honourable Edward J. Phelps continued his argument At 4 P.M. the Tribunal adjourned to the next day at ll'SO a.m. Done at Paris, the 27th June, 1893, and signed : The President The Agent for the United States . Tlio Agent for Great Britain The Secretary ALPH. DE COURCEL. .TOHN W. FOSTER. CHARLES H. TUPPER. A. IMBERT. Translation certified to be accurate : (Signed) A. BAii.T.r-BLANOUAR.D, Co-Secretary. Henbt a. Hannen, Acting Co-Secretary. Inclosuro 6 in No. 93. Protocole No. 46. — Seance du Merrredi, 28 Ju!n, 1893. Ill ]■; LE Tribunal s'est rduni i\ 11 heures 30, tous les Arbitres dtant presents. Mr. H. Cunynghame roprend ses fonctions do Co-Secrdtaire, qui avaient Hi exercdes provisoiremcnt par Mr. Henry Hannen. UHonorable Edward J. Phelps continue sa plaidoirie. La sdanee est suspenduc i\ 1 hcure 30. A la reprise, V Honorable Edward J. Phelps poursuit son argumentation. La sdance est lcv(5c il 4 lieurcs et lo Tribunal s'ajourne au lendemain & 11 heures 30. Ainsi fait i\ Paris, le 28 Juin, 1893, et ont signd : I^ President. . . . . . . . L' Agent des £tats-Unis L'Agent de la Grande-Bretagne . . Lo SecnStairc ALPH. DE COURCEL. JOHN W. FOSTER. CHARLES H. TUPPER. A. IMBERT. [English version.] Protocol No. 46. — Meeting of Wednesday, June 28, 1893. THE Tribunal assembled at 11*30 A.M., all the Arbitrators being present. Mr. H. Cunynghame resumed his duties of Co-Secretary, which bad been fulfilled temporarily by Mr. Henry Hannen. The Honourable Edward J. Phelps continued bis argument. At 1*30 the Tribunal took a recess. On reassembling, the Honourable Edward J. Phelps continued his argument. li M At '4 P.M. the Tribuiml adjourned to tht< next day at 113U a.m ])ono ftt Paris, tlio 28th June, 1893, and signed : The President The A^ent for the United States , Tho AKent lor Oreat Dritain Tlio Secretary Translation certified to he acoumto : (Signed) ALIMI. DE COURCEL. JOHN W. FOSTER. CIIARLKS II. TUPPER. A. IMBERT. A. Bailly-Blancuard,"! -^ o 11. CUNVNOHAMK, ' \ Co-Secrelanes. InoloHuro 7 in No 93. * Protocole No. n.—St^anrr uu Jeudi. 29 Jtiln, 1893. LE Tribunal s'est r^uni i\ 11 heures 30, tons les Arbitres «'!tant presents. L'Honorable Edward J. Plielpn reprend son arg;umontation. La seance est susjiendue u I heiin^ 30. A la reprise, V Honorable Edward J. Phelps continue sa plaidoiric. A 4 heures la seance est lev6e et le Tribunal s'njourne au Lundi, 3 Juillct, h 11 heures 30. Ainsi fait li Paris, le 20 .Tuin, 1893, ot ont signi^ : T/) Pr^^sidcnt. , L' Agent des l<]tats.Unis .. ,. L'Agent do la Grande- Bretagno . . Lo Secretaire ALPII. UE COURCEL. .lOlIN \V. FOSTER. CUARLES IL TUPPER. A. IMBERT. [English version.] Protocol No. 4:7. —Meeting of Thursday, June 29, 1893. THE Tribunal assembled at 11'3() a.m., all tlic Arbitrators being present. The Honourable Edward J, Phelps resumed his argument. At 1'30 the Tribunal took ii recess. On reassembling the Honourable Edward J. Phelps continued his argument. At ^ P.M. the Tribunal adjourned until Monday, tho 3rd .luly, at 11"30 A.M. Done at Paris, the 29th .lune, 1893, and signed : Tho President ALPU. DE COURCEL. The Afj-ent Tor the United Sl^i'cs . . JOHN W. FOSTER. The Ag(Mit Tor Great Britain Tlio Secretary Translation certified to !»! accurate : (Signed) A. Baillt-Blancuakd, II. CUNYNviHAME, CHARLES n. TUPPER. A. IMBERT. 'Ico- Secretaries. No. 94. Mr. Tapper to the Earl of Rosebery. — {Received July 26.) My Lord, Paris, July 25, 189.^. I HAVE the honour to transmit to your Lordship copies of the official Protcjtol No. 41 of the proceedings before the Behring Sea Tribunal of Arbitmtion. I have, &c., (Signed) CHARLES U. TUPPER. Inclosurc in No. 94. Protocole No. 41. — iSe'ance du Mardi, 20 Juin, 1893. LE Tribunal s'est r6uni a 11 heures 30, tous les Arbitres ctant presents. Sir Richard Webster continue son argumentation. L'Agent de Sa Majeste Britanniquc depose devant le Tribunal, au nom do son Gouvernoment, un projet do lli^glcments dont le textc suit : — [691] N »l \ <■- V. ^ i i ''i ■ffl 1 :'i I •■'I J u 'll ' pill 90 " Stytements, •i\v "1. Tout b&timent employ^ li la cliosse dcs phoquos en mcr dcvra sc pourvoir lioenceB & I'un dea ports indt(iu6s «i*dc88ous : — " Victoria, dans la Provint'O do la Colomhie Britanni^uo ; " Vancouver, dans la Province do la Colonvhic Jlritaiiiiiquc ; "Port Townsond, dans lo Territoire de "NVashinifton, i^jtats-Unis; " San-Francisco, dans I'^tat dc Culifomic, Rtnts-Unis. " 2. Ccs licences no scront accordoes qu'jl des bAtimcuts ii voiles. "3. II scnv etabli autour dcs lies Pribiloff uno zoiin do 20 millos i\ I'infi^rioiir dc laqucllo la chasso des phoques sora intcrdito on touto saisou. " 4. II y aura, du 15 Septembro au 1" JuUlct, uno saison do cloture, pendrint laquello la cuasso dcs phoquos no sera point permiso dans la Mcr dc liohrin^. " 5. II ne pourra 6tro fait usage ni do carabines ni do filots pour la clinsso ilos phoques en mer. " 6. Tout b&timeat omployd h la cliasse des phoques dovra porter un pavilion dlstinctif. " 7. Lcs patrons des b&timents employes h. la chasso des phoquos devroiit tonir un journal ou ils rel6veront aveo soin lcs 6poqueH ct lcs oin])lacenicnts de la cliasse, lo nombre et lo soxo des phoques captures ; ils dovront touir un journal ou ils rol^venmt avec soin lcs 6poques ct les oinplaccments de la chiisse, le nomhro et lo sex(> dos phoques captures ; ils devront fairc fiijurcr un extrait diulit journal dans lour journal de bord. " 8. Les licences tomberont en di3chcanco en cas d'infractiouauxdifs llt'^gh'ineiits." La seance est susponduc t\ 1 hcure 30. A la reprise. Sir Richard Webster reprond ft adu'^ve sa plaid()iri.\ L'Agcnt dc Sa Majesty Britanniquo dc-poso alors dovaiit Ic Tribunal le (lociimciit ci-dessous, qu'il jjresento, d'accord avcc I'Ai^ent dcs {"Itats-Unis, jjour etrc suhsfitm'' ;ms documents soumis antcrieuremcnt au Tribunal rclativcment aux Conclusions do I'liit :— " Conclusions defalt propon^es par V Agent de la Grande- liretuijnc, accvplc'fs par I'Ageiit dcs £tats-Unis, qui en admet I' exactitude, etsoamises ii I'exuinen du Trihunol d'Arbitrw/r. " 1. Que lcs divcrscs visites et saisies de navircs ou de inavcliandiscs el It s diff^rcntes arrcstations de patrons et d'equipagcs, nientionnees respect ivonicnt ibuis I'Anuexe au Mcmoire Britaunique, pages 1 h. (50 indusivemeut, ont t''ti'> I'liitiJs ]i;ir autorit^ du Gouvernemont des fitats-llnis. Los questions se i'a})])oitant a la viilciu' desdiis navires ou de leur contenu, ensemble ou sepirement, et la question do savoir >i les navii'es designtis dans rAuucxo au ilemoire Britaunique, ou certains d'entre eux. dtaient, en totality ou en partic, la propriete de citoyens des fitats-irnis, ont (He retirdes et n'ont pas et<5 I'objet de rexameu du Tribunal, sous cette reserve que lcs Etats-Unis garde le droit de soulever ces questions ou quelqu'uuo d'entre ellcs, s'ils Ic jugent a propos, dans toute negociation ulterieure pouvant engager la responsabilite du Gouvernement des Etats-Unis, en ce qui touche le payement des sijuunos meutiouueps dans TAnnexe au M^moire Britannique. •' 2. Que les susdites saisies, sauf en ce qui conoeme lo " Pathlluder," saisi h Neah Bay, ont dt6 effectu6es dans la Mer de Behring, aux .listances de la cuto mentioundes au Tableau ci-annexd, sous la lettre (C). " 3. Que lesdites visites et saisies dc navires ont ete fait par des navires arim's pcur le service public des Etats-Unis, dont les Commandants avaient reyu, toutes les fois qu'elles ont eu lieu, du Pouvoir Executif du Gouvernement dos Etats-Unis, dcs instructions dont nu « omplairo est reproduit en copio ci-apres (Annexe A), les auties cxeraplaires desdilcs instructions dtant conibrmes u ee modulo snr tons les ])oints essentiels ; que, dans toutes les occasions on des poursuites eutamees devant les Cours de District dcs Etats-Unis ont dte suivies de condamnations, ees poursuites ont debute par le dep6t d'un acte d'accusation, dont une copie est annexee ci-dessous (Annexe !?), les actes d'accusation deposes dans les autres procedures etant semblables a co modeie, en tons points essentiels; quo les actes ou delits, allegues comme motifs d(! ecs visit(\s ct saisies, ont ct^ accompli ou commis dans la il(>r de Behring, aux distances de la c6te ci-des8us indiquees ; ct que dans tons les cas oii unc condamnation a etc prononei'e, excepte ceux oil les navu'cs ont 6t6 rcliiches aprt>s condamnation, la saisio a I'to approuvce par lo Gouvernement dcs Etats-Unis; et que, dans lcs cas ou lcs navircs ont etc relilches, la saisie avait etc opdrco par autorito du Gouvernement dcs I'Jt^its-Unis, que les amendcs ct emiuisonncments susdits ont etc prononccs a raison d'infractions aiiv liiis nntionnles i iiHN djstnners de la "1.. (^ue les di oiijdiiriiniit II ccrtiii ont I'te donnes jkii C'uiiiniandants uvaii coid'orino s a celles CCS iiijonetions iHai pi rndre cette ehnssi inent dcs Ktats-Uni " 5. Que les Ci (■U: entaraeos ou sui ot liiit mention dr ineliisivemcnt, avail 1, Aniiraute, y comp |),'U'ticuli(!r, la sontci dans I'acte d'accusa (I'our le texto ilo I'liit ini'sentoeB par I'Af. I,;i Tnlilo ci-di'ssi ]ilifi(|ui't<, i|iii out I'tr s;i jHSr, I'l IH'.IO. ct 111 ili-^tM indii|i"' 1, I'll ce ijiii ti'liiol^iiilf;'!' (Ill ("ciliiln: S'liat : l)(icuMiriits Km iiiiviiiH •• Aniiii Ituck," ■ (aiiir Slicpiivd, (le la I pp. S0-S2. N'uir Ajipc Niiiu (lu Nnviic. DllK Cm Ilk nil I- Tlimnton 1" Ouwiiril . , •J A Kaviiuritc •• 2 \ Annn Beck .. 23 W. r. Scynard • • 9 J Dolphin • • 12 J Uince .. .. 17 J Alfred Adams • • 10 A Ada . . • • 25 A Triiiroph • • 4 A Juanitn • • 31J Pathfinder • • 29 J Triumph • • 11 J Blnck Diamond • • IIJ Lily . . • • 6A Ariel . . • • 30 J Kate .. • • 13 A Minnie.. • • IS J Pathfinder • t 27 J * La Bale de Neah comittiB par lui das* la M [691] m •WW lois iintioiiiilcN dcs Ktals-Unin, inlrnrtioiis toutcs commiscs dans la Mor (1»> Hi'liriug iiuN ilistniices lie In oAtn ci-lo ci-il(swniiti contient Ics noniH des navires BritaniiiqucB omployi's ii la clmsso des |i1k>i|iii'n, ijiii ciiit vtv suisJH nil uvertis par les oroiHciirrt du scrvico des UniianeH ilcs fttatB-Unis, da issii i'l l.s'.K). L't 111 ili';c ilu < 'oiMiiiMiMliiiit Ahliuv, do la Mariiio dps I<;ti>.t8-Unis. (Voir 50" Cougr^s; 2°StjS8ion; .S'li.it : UiicuiiiiiitsKxii'utitM, No. 10(i, pp. 20, 30, ot 40.) KIIch sont indiquoeB,oii ooquiconcernoles iiiiviiiH •■ Aiiriii ISuck," •• W. I'. Siiyward," " Doliiliiii," ot "(Jraco," d'aprus lo temoignage du Capi- hiiiir Slic]iai(I, dc la Marino diiTrosor dcs Kliits-UiiiN. (Livre Uluo, liltatH-UniB, No. 2, 1390, jip, so H2. \'uir A])|ioii(lirc iiu -Mi'inoirt! Uritniniiiiuc vol. iii.) Navirc des Ndiii (lu Navir '. Date do la SniHic. Distnnci' npproxiniulivc do Torre au moment do la Saisic. Etats-Uuii qui a fait la Saiaie. rniiiliim • • 1" Aoi'it, 188(i .. 75 inilli'H , , . . . . . • • • Corwin. Thointon , , 1" Aoiit, 1R86 .. 70 ,, ,, ,, .. •• •• Idem. Ouwiird ^ , •-' A<>'\, 1886 .. 115 „ .. .. .. .. •• Idem. VnvduriU' •• •2 Aout, 1880 Averti par le " (Jorwin," i pen pr^s dans la mime position que lu " Onward." Anna Beck , , 2 Juillct, 1887 .. no luillcH . . .. ., .• • • Rush. W. I'. .Soyward • • 9 Juillet, 1887 .. 59 „ Idem. Dolphin • • 12 Juillet, 18h7 .. •10 „ Idem. Uince . . • • 17 Juillet, 1887 .. 96 , . . . . I . • • • • Idem. Alfri-d Adams • • 10 Aout, 1887 .. ti2 ,, •• «« «• •• •• Idem. Adn ,. • • '.'5 Aout, 1887 15 „ .. Bear. Triumph • • 4 Aout. 1887 .. A>orti par Ir " Hush " de no pas cntrer dniis la Mer (le liclning. Juftnita • • SlJuillct, 1889 .. 66 niilles .. ., .. . . •• Rush. ■ Pathfinder 29, Juillet, 1889 .. 50 „ . . . . . . . . • • Idem. Triumph • • 11 Juillct, 1889 ,. Avcrli par Ic '■'Rush" d'nvoir a quitter la Mcr de lU'lirin^. — Position au moment de ravcrtisaement : (?) Black Diamond • • 11 Juillet, 1889 .. 35 uiillca .. ., .. .. •• Idem. Lily .. • • 6Aoat, 1889 .. 60 „ ., •• *• •• •• Idem. Ariel , . • • 30 Juillet, 1889 .. Averti par lo "Hush" d'nvoir A quitter la Mer de Bchring. Kate ,, • • 13Aoiit, 1883 .. Averti par le " Rush " d'avoir il quitter la Mer de Mehring. Minnie.. ,, 15 Juillet. 1889 ., 65 milles .. .. .. •• •• Idem. FathSnder • • 27 Mars, 1890 .. Saisi dans la Tlaie dc Ncab.* .. •• .. Corwin. * La Baie de Neah est sitn^e dans I'^tat de Washington, et le " Pathfinder " y a kik aaiai, du chef de diliti commit par lui dant la Mer de Dehrins I'aonie prfieMente. Ce b&timent fUt Tcl&oh6 deux jours plus tard. [691] N 2 >-^ 1 3. m ■J'*-'' Ii 02 f^( I'rAi vi Mr. Christopher Robinson commence ensuitc son argumentation sur la question des Rdglemouts. La suanco est lov(5e i\ 4 licures ct le Tribunal s'ajourne au Icndemain ii 11 heurcs 30. Ainsi fait a Paris, lo 20 .Tuin, 1892, ct out signed : Le President ALPIL DE COURCEL. L'A£?ontd.'sfitats.ruis .. .. JOHN W. FOSTER. L' Agent de la Graudc-Bretagnc . . CILVRLES H. TUPPElt. Le Secretaire A. IMBERT. .# [English version.] Protocol No. 41.— Meeting of Tuesdatj, June 20, 1893. THE Tribunal assembled at 11'30 a.m., all the Arbitrators being present. Sir Richard fVcl)ster continued his argument. The Agent of Her Britannic Majesty laid before the Tribunal a scheme of Regu- lations worded as follows : — " Regulation.t. " 1. All vessels engaging in pelagic sealing shall be required to obtain licences at one or other of the following ports : — " Victoria, in the Province of British Columbia. " Vancouver, in the Province of British Columbia. " Port Townsend, in AVasbington Territory, in the United States. " San Prancisco, in the State of California, in the United States. " 2. Such licences shall only be gmnted to sailing-vessels. "3. A zone of 20 miles around the Pribyloff Islands shall be established, witliin which no seal hunting shall bo permitted at any time. " 4. A close season, from the 15th September to the 1st July, shall be establislicil, during which no pelagic sealing shall be permitted in Beliring Sea. " 5. No rifles or nets shall i)e used in pelagic sealing. " r». All seaJing-vessels shall be reqi\ir(>(l to carry a distinguishing flag. "7. The masters in charge of sealing-vessels sliall keep accurate logs as to llio times and places ol' sealing, tiie uuiulior aiid sex of the seals captured, and shall cuter an abstract thereof in their ollieial logs. " 8. Licences shall l)e sulijeet to t'orfeituro for breticb of above Regulations." At I'.W, the Tribunal took a recess. On ivassembling, ISir Richard Webster resumed and concluded his argument. The A!i,ent of iter Britannic Majesty then present(!d to the Ti ibunal the fo'.I;)v.iiii; paper, which by agreement with tlie Agent of the United States, was submitted as a substitute for the papers heretofore presented as to Pindings of fact: — " Findings of fart propo.sed hij the Atjeni of Great Britain, and agreed to an proved luj the Agent for the United l^tates, and sidtniitted to the Tribunal of Arbitration for its roii- siderution. " 1. That the several searches and seizures, whether of ships or goods, and tlio several arrests of masters and crews, respt'ctivc^ly mentioni'd in the Schedule to the British. Case, ]). 1 to (iO inclusive, were made by the authority of the United States' Government. The questions as to tii(, value of the said vessels or their content* or either of them, and the question as to whether the vessels mentioned in the Schedule to the Britisii Case, or any of tiiem, were wiiolly or in part the actual property of citizens of the United States, have been witlidrawn from, and have not been considered by, the Tril)unal, it being understood tliat it is open to the United States to raise these questions or any of them, if tiiey think lit, in any future negotiations as to tlie liability of the United Statos' Government to pay tlic amounts mentioned in tlie Schcdide to tin; British Case. '' 2. That the seizures aforesaid, with the exception of the " Pathfinder," seized at Neah Bay, were made in l{ehruig Sea at the distances from shore mentioned in tlie Schedule annexed lien^tu, marked (C). " 3. That the said several searches and seizures of vessids were made by puhlie armed vessels of the United States, the Commanders of which had, at the several times when they were made, from the Executive Deparlmeut of the Goverameut of the in licences at n for tt.i roil- 9a United States, instriu-tions, n copy ol" one ol" whicli is annexed licrcto, marked (A), !«nd tliat the otiicrs were in all suhstniitial respects the same: that in all the instances in which proceedings were had in tlie District Courts of tho United States iciiulting in condemnation, such proccediiii^s were hegiin hy tlic (iliiin' oi' lihels, a coj)y of one of which is annexed iiereto, niari\ed (H) and that the lihels \a tiie other ])i'oceedinf;s were in all suhstantial respects tiu; same : ii;at the alleiicd acts or olVcnccs for which said several searches and seizui-en were made wen; in each ease doiu! or com- mitted in H('hriu;j; Sea at the distance from shore aforesaid : and tiiat u. each ease in nhieti sentence of condemnation was passed, except in those; eases when tlu; vessels were released after condemnation, the seizure was adopted hy the (Jovcrnment of the United States : and in those cases in Avluch the vessels were released, the seizure was made hy tho authority of the United States. That tlie said tines and imprisonments were for nllciyed bniaches of the municipal laws of the United States, winch allei!:ed lircaclies v/ere wholly (rommitted in Behrina: Hea at the distances from the shore aforesaid. " 1. That the several orders mentioned in I In; ScIuhIuIc annexed hereto, and marked (C), warninf; vessels to leave or not to (>nter Jiehrinij,' Sea, were made hy puhlic armed vessels of the United States, tlie Coinmaiiders of wliieli had, at the several times when tliey were ijiven, like instructions as mentioned in i-'indini;' .'{, ahovt! proposed, anil that the vessels so warned were eniJiajjed in sealini;' ov [jrosecntini;' voyages for that purpose, and that such action was adopted by the (lovernment of the United States. " 5, That the District Courts of the United States in which any proceedinijs w(!re Lad or taken for the purpose of condeinnini,' any vessel seized as mentioned in the Si'licdnleto the Case of fireat Britain, ])p. 1 totiO inclusive, had all the jurisdiction and powers of Courts of Admiralty, incliidinL;' tiie I'rize .jurisdiction; hut that in each eivse the sentence pronounced hy the Court was haaed upon the grounds set forth in the libel." ,\||1ICX''H (A) Mixl (IS). (Kiir the U',\t of tlii'Mc ,\iiiK'xi'K. Hi-f I'rotoci)! ;i."), Amihxok (.\) iiiid (I!) to tlic I'liiilingh of fact Bulniiittcd liy the AkciiI nf IIk; Uniti.Ml Stiiti.'K.) .Viincx (("). 'i'lic fiilluwiiig Tiililc nIidwh thi' imincM of llic llritiNh sriilinij;. vessels Nii/.ed or w.inicd hy I'nite.l States revenue eni'/.ers, iKHd '.)(), uiid tlie iiiiiioxiniiite ilistaiice from l;iiid wlien neize'l. Till' ilistiiiiees iiwsij^iieil in ilie eiises of the •• (Jiiroleim," •■ 'riioriitoii," iind " On ward " arc on tho aiitliority of Uiiiteil States' \aval ( 'oiiinianiler AMiey. (See .'lOlh Ooiif^ress. 2ii, 188/ ■V.I „ , , Ki>,sli. llnlphiu July 1-2, 1887 40 „ , , Kuiili. draw . . Julv 17, 1887 90 „ , , Uusli. Alhi'il Ailams Aujiii^l 10, 18S7 .. 02 „ , , I'.iisli. Alia . . Aii(j;u»l •-'.■), 188" . l") ,. , . Dcir. Triumph Au|;ii»t Si'n, Juaiiitu. . Julv .11, 188!) liO niik's , , . , . . .. « . Rush, Pntlifiiulor Julv 'ill, 188;i fiO „ ,. , Uu8h. 'lriuni])li .July 11. 1881) Ordered out of Holirin;: Sea by " Rush, (?) As position when warned. to Ulark Diamond July 11, 1889 :t ') m'U'8 . , . . . , ,, 1 ua)i. Lily .. August 6, 1889 .. 00 „ , , . . . , . , . , U i»)i. Aii'd .. Julv 30, 1889 On' ,ed out of Hcliring Sen by " ttush." Knti' , . August 13, 1889 .. Ditto, ,. .. ,. .. • • Ri sh. .Minnie . July 15, 1889 0,5 mill's . . . . . , . . *• Ituili. I'athfindiT March 'i7, 1890 .. Seinou ia Xrali Buy* • • Cur vin. -4 I 1 • Nrah Bay is in the State of WnshinRton, and the " I'nthfinder " wM it'ized there on charges inadc against her in Bchring Sen in the previous year. She was released two days later. {)!• Mr. (Jhrklopher Robinnon thou l)0!,'!\ii liis arn'imuMii At -l P.M. the 'riibunal adjoiinu'd to tlio mxt day Done !it Paris, \\w 20th June, 18!)-3, .iiid sis^iu'd : The Prcsidont 'ilie A^ciit for th(» United Slates. . The Af^ent for Ci real I'ritain Tlic Secretary . . . . . . on (he (luestionof IJeguiiiiidiis, , at ll-ao A.M. ALPil. T)E COUPCKI.. .)UIIN \\\ l-^OSTEU. CIIAKLES 11. TUPl'Klt. A. IMPKllT. Tmnslation certified to bo aecurale: (Signed) A. J{.\ii,i,\-]?r,ANCiiAiii), Co-Sn-rvtnry. JIenky a. IIannkn, Actbuj Co'Srcretan/. No. 95. Mr. Tupper to the Earl of Ronehery.^—ijieceivpd July 2(».) My Lord, Paris, July 25, 18i)3. I HAVE the honour (o re])ort that on the cdoso of the United States' argument on the 8th instivnt, I took immediatt? steps for dispensing with the services of as many as possible of tlie statT employed here during this Ai'bitration. Mr. Piggott and Mr. l-'i-onde accordingly left on the Oth instant. In eoiisoqueuce, however, of the necessity of having in readiness fvullior information on certain points coinu'ctcd with seal-life, T deemed it advisable to retain Dr. Dawson's services lb. a short period longer. I also thought it best tliat Mr. Charles Russell should i-eiuaiu for the purpose of assisting Dr. Dawson, and ef tinisliing the revision of the shorthand notes. Dr. Dawson having completed his Avork left hero on flio 21st instant, and Mr. llussell took his de{)arture on the following day. The only members of the stalV now reniainiii.r 1,. , ' Mr. Maxwell and Mr. Pope. T have, ^c, (Signed) ClIAPLES II. 'J'Ul'PEl! No. 96. Mr. Tupper to the Earl of lloaebery. — {Received August 5.) My ijord, Paris, August 1, ISiKI. I HAVE the honour to transmit copies of the ofTicial Protocols Nos. 48, i!), iiQ, 51, 52, and 53, recording the proceedings before the Behring Sea Arbitration Tribimal. I have, &c. (Signed) CHARLES 11. TUPPER. Inclosure 1 in No. 96. Protocole No. i8.— Seance du Lundi, 3 Juillet, 1893. LE Tribunal s'est reuni a 11 heures W, tons les Arbitres 6tant presents, L'Honorable Edward J. Phelp.i reprend sa plaidoirie. La si%nce est suspendue a 1 heuro .'iO. A la reprise, I'Honorahle Edward J. Phelps continue son argumentation. A 4 heures la seance est levee et lo Tribunal s'ajourne au lendemain Ml houre« 30, Ainsi fait i\ Paris, le 3 Juillet, 1893, et out sigm'^ : Le President ALPH. DE COURCEL. L' Agent des Etats-Unis JOHN W. FOSTER. L'Agent de Ir Grande-Uretagnc . . CHARLES H. TUPPER. LeSecrdtaire .. .; .. A. IMBPi T. ^ 1)5 [liiii^lisli version.] ' Protocol No. 48. — Mcvlimj of Monday, July W, 18!);5. 'I'UE Tribunal assembled at. ^^•'^0 a.m., all the Ai'bitrators bciiii; present. The Honourable Edward J. Phelps resumed iiis ari,ninienl. Al 1'''50 liie Tribunal look u reeess. On rcassomblini,', the llouournhlv Edward J Phelps continued his argument. At !■ i".M. the Tribunal adj(nirn(Ml to the next day at 11:10 a.m. Done at I'aris, the ;5rd Julv, 181);?, and siii;ucd : I'he President \ LPJl. DE COUllCEL. The Af,'eut for the United States . . .lOlIN W. EOSTEK. The A-ont for (Jreat Britain . . ("IIAIM.ES U. TUPl'El?.. The Secretary A. IMBEllT. Translation cert itied to be accmute : (Siirncd) .\. HAiUA-lBiANcuAim II. CuNyN(iiiAMi:, -} Co-Secretaries. Inclosuro 2 in No. '.)0. Protocole No. 4!). — Se'anee du Alardi, 4 Juillet, 1893. jjl'i Tiai)unal s'est reuni at 1 1 hem-es .'50, tous les Ai'bitrcs iHant presents. 1j' Honorable Zlward .T. Phelps reprend son ari^umentation. La seance est suspeniku' a 1 heure ;U). A la reprise, V Honorable Edward J. Phelps continue sa plaidoirie. A t lu'ures la seance est levee et le Trii)unal s'ajouriu> au lendemain a 11 heures JJO. Ainsi fait a Paris, le 1- .Juillet, 1S1);>, et i>ut sigi.v' : Lo I'resident .. ALi'll. DE COUlloEL. L'A-ent des I'ltats-Unis lOlIN W. EOSTER. i/A-cnt do la CJraude-.Hreta^ne .. CllABLES II. TUPPEll. LeSeeretaire .. .. ..A. IMBEllT. '}^:^ ,4 '!. I [Knglish vevsion.] Protocol No. \'S). -Meetiny of Tuesday, July 1, 18i)l5. THE Tribunal assembled at 1 1 150 a.m., all the .Vrbitrators being present. The Hunourable Edward J. Phelps resumed bis argument. At 1 ;5() the Tribunal took a recess. On reassembling, the Honourable Edward J. Phelps continued bis argument. At 4. v.M the Tribunal adjourned to tiie next day at 1 IIJO a.m. Done at Paris, the till July, 1S<,);{, and signed : 'i'ho President The Agent I'or the United States . 'J'hc Agent tor Great Britain The Secretary ALPII. DE COiniCEL. .lOliN W. EOSTER. Cll AlluES 11. TUPPEll. A. l.MBEBT. Translation ecrtilicd to be acci.ratc; ; (Sunned) .\. Rah lv-Blancuaud, 1 ,, ., , ^ " -^ II /, > Co-Secrefarn'.i. Inclosurc tl in No. '.)0. Protocole No. ."0. — l:ie'ancc du Mercredi, 5 Juillet, 1893. LE Tribunal s'e.s) reuni a 11 heures :tO, tous les Ar'oitrcs etaul presents. L'Honorable Edwanl J. Phelps continue* sa phiidoirie. La seance est suspeiidue a 1 lieur(> 30. A la reprise, (Honorable Edward J. Phelps poursuit sou arguiueutation. * ^iial vyfvii li 96 A 4 lieures la soanco est levi-e et Ic Ti-ihunal s'ajourne ail lendomain il 11 liouros 30, Aiiisi fait a J'aris, le 5 .fuillct, IH'.Ki, et ont sis^n6 : Le IV-sident .. ALIMl. DE COUllCEL L'Agent (Ics Rtats-Unis .. .. JOHN W. FOSTER. L■iV^'Cllt do la Giande-Hr(«ta!,'no . . CHARLES H. TUPPEll. Le Secretaire A. IMBEllT. ■^*^ [Ensflisli vereion.] Protocol No. 50. — Meeting of Wednesday, July 5, 1893. TIJE Tribunal assembled at 11'30ua,m., all the Arbitrators being present. The Honourable Edward J. Phelps rcsiimnd his argument. At 1 30 tbe Tribunal took a recoss. On reassembling, the Honourable Edward J. Phelps continued his argument At i P.M. the Tribunal adjourned to the next day at ll'.'?0 a.m. Done at Paris, tlie 5th July, ISOIi, and signed : 'J1ie President Tiie Agent for the United States . The Agent for Great Britain The Secretary ALPII. UE COUllCEL. JOHN W. FOSTER. CHARLES H. TUPPEll A. IMBERT. Translation certified to be accurate: (Signed) A. Bailly-Blanciiakd, H. ClNYNOUAMK, \C'0' Secretaries, Inclosure t i'. l\o. 9G. Protocole x\o. 51. — Se'unce du Jeudi, G Juillet, 1893. LE Tribunal s'cst reuni a 1 1 heures HO, tous les Arbitres 6tant presents. L'Hoiwrable Edward J. Phelps rcprend sa plaidoirie. La seance est suspendue a 1 heim- ;?0. A la reprise. VHonondile Edward J. Phelps continue son argumentation. A 1 lieures la seance est levee et le 'i'ril)unal s'ajourne au lendemain a 11 heures ,'}0. Ainsi fait a Paris, le G Juillet, 18915, et ont signe : I^' Pre.sident ALPII. DE COURCEL. L'Agent des Rtats-Unis H)HN W. FOSTER. L'Agent de la Onuide-Bretagne .. CHAULtlS H. T UPPER Le Secretaire A. IMBERT. ' / [English version.) Protocol No. bl.—Meethuj of Thursday. July G, 1893. THE Tribunal as.'^embjed at 11-30 a.m., all the Arbitrators being present. Thr Honoiirabtv Edinird ./. Phi-lps resumed his argument. At l-3(» fhe Tribunal took a recess. On reas>.eniblinu:, the llmiouralde Edward J. Phelps continued bis argument. At t !■..',[. the Tribunal iidjourned to the next day at 11-30 a.m. Done at Paris, the Gtli Julv. 1W)3, and signed: The President .. '. . .. ALPII. DE COURCEL. TIk! Agent for the United States . . JOHN W. FOSTER. 'i'he Agent for Great Britain . . CHARLES H. TUPPEK The Secretary A. IMBERT. Translation certified to be accurate: (Signed) I V. lUlI.I.Y-Ml.ANCUAKD.T „ ., , ,, r^ r Co'becretar . Clnyxgiiame, J les. 1)7 liiflosuro 5 ill No. DO. P):itocole \o. 2. — Seance du Vendredi, 7 Jitillet, 18',»3. Lli Tribunal s'est ivuni a 11 lioiiros .'JO, tons Ics Arbitres etant prc'-sents. L'Houorable Eilviird J. Phelps roprcnd son argumentation. La SL-ancc est suspendue a 1 heurc 30. A la reprise, ['Honorable Edward ./. Phelps continue sa plaidoiric. A 4 beurcs la seance est levee et Ic Tribunal s'ajourne au lend(>main h 2 bcui'es de rapW's-midi. Ainsi fait a Paris, lo 7 .Tuillet, ISJKJ, et ont signe: Le President. . . . . ». . . ALPH. DE COURCEL. L' Agent dcs Ktats-Unis . . . . .JOHN W. FOSTER. L'Agcnt dc la Grande- Uretagno . . CHARLES TI. TUPPER. Le Secretaire .. .. .. A. IMBRRT. :n reassembling, the Honourable Edward J. Phelps continued bis argument. At 4 P.M. the Tribunal adjourned to the next day at 2 p.m. Done at Paris, tbe "th .Tulv, 181)3, and signed : Tlie President ALPJL DE COURCEL. Tlie Agent for the United States . . -lOHN AV. FOSTER. The Agent for Great Britain . . CHARLES H. TUPPER. Tlie Secretary A. LMBERT. Tmnslation certified to be accurate : (Signed) A. Baillt.Bianciiakd II. CUXYNGUAME, ■} Co- Secretaries. ./■It.. . ■■" Ml! Inelosure 6 in No. 9G. Protocole No. bZ.— Seance du Samedi, 8 Juillet, 1893. LE Tribunal s'est reuni a 2 heures, to>is les Arbitres etant presents. VHonorible Edward J. Phelps reprend et ach6ve sa plaidoiric. Sir Charles Eussell, au noni de ses colicgues, renxercie les membres du Tribunal de la bionveillante attention avec laquelle ils ont suivi ccs longs debats. II remercie ^galemeut lo Secretaire, les Co-Secretaires, et Secretaires- Adjoints du Tribunal, ainsi que les Secretaires particuliors des Arbitres dc Icur obligeant et utile concours. L' Honorable Edward J. Phelps s'associe aux paroles de Sir Charles Russell, au nom Jos Conseils du Gouvernement des Etals-Unis. II so fait Tinterprt^te de tons ses colli^gues en rendant hommage t\ la competence et a la courtoisic avec lesquelles le I'lesident a dirige les discussions et reuouvcUe rexpression de leur gratitude pour I'hospitalite de la France. Le Pre'sident annoiicc alors que le Tribunal va prendre I'afTaire en delibere. Sir Charles Russell et V Honorable Edward J. Phelps temoignent le desir qu'au cas oil lo Tribunal, durant ses deliberations, croirait devoir s'adresser aux Conseils pour obtenir d'eux quelque edaircissemont, la denmnde et la reponso aiont lieu par ecrit. Le President rdpond que le Tribunal tiendra comptc de ce desir dans la mesure Ju possible, sans renoucer toutefois au droit que lui donne le Traits de i-equ(5rir toutes iuformations orales, ecrites ou imprimees qu'il jugera utile. i\^'\-\\ L'Agent de Sa Majesty Britannique fait connaltre qu'il restera a Paris, ainsi que I'Agcnt des Gtats-Unis, a la disposition du Tribunal. A 4 heures la seance est levee. [()91J r U \M .- H 98 Ainsi fait a Taris, Ic 8 Juillrt, 18!W, et ont sij^iie: 1j(' President. . L'As;eiit des l5tats-Unis lj'Ai,'eiit de la Grandc-Brctagno . . Lc Secretaire ALl'ir. DE COUllCEL. JOIIN W. FOSTER. CIlAllLKS 11. TUPrER. A. IMI3E1JT. [English version.] Prolorol No. 53.—Mectin(j of Saturday, July 8, 1893. THE Tribunal assembled at 2 i>.m., all the Arbitrators being present. The Honouiahle Edward J. Phelps continued and concluded his argument. Sir Charles Russell, in the name of his colleagues, thanked the members of the Tribunal for tlic kind altontioii with vhich they had followed the lengthy d('l)atcs. He also thanked the Seen^tary, Co-Secretaries, and Assistant Secretaries of the Tribunal, as well as the Private Secretaries of the Arbitrators, for their obliging and usoful assistance. TA" Honourable Edward J. Phelps indorsed the remarks of Sir Charles Eussell in tlic name of Counsel for the Government of the United States. lie referred, on l)olialt of all his colleagues, to the ability and courtesy with which the President had directed the discussions, and he renewed the expression of their gratitude for the hospitality of France, The President thereuimn announced that the Tribunal would take the case under consideration. Sir Charles Russell and the Honourable Edward J. Phel-u^ expressed their dosirc that in case the Tribunal, during its (lelil)erations, should iind it necessary to olitain from Counsel any further inl'ormation, the request for such ini'ormation and the answer thereto sliould be in writing. Tiie President replied that the Tribunal would take note of the request as far as possible, witiiout however surrendering the I'ight given it by the Treaty of requiring all such information, whether oral, written, or printed, as it might deem iiseful. Th(> Agent of Her Britannic Majesty announced that the Agent of the United States and he would remain in Paris at the disposition of the Tribunal. At i P.M. the Tribunal adjourned. Done at J'aris, tiie 8th .luly, 1893, and signed: The President . . The Agent for the United States The Agent for Great Britain The Secretary ALPII. DE COUllCEL. .TOIIN ^y. FOSTER. CHARLES II. TUPPER. A. IMBERT. Translation certified to be accurate : (Signed) A. BAiiiLY-BLANCUAur), II. CUNVNGUAMB, ■} Co-Secretaries, >P No. 97. Mr. Tupper to the Earl of Rosebery. — {Received August II.) (Extract.) ^ Paris, August 12, 1893. WITH reference to your Lordship's despatch of tlie 15th April last and previous correspondence, I have the honour to transmit herewith a copy of a letter which I addressed to Baron do Courcel on the subject of the withdrawal of the United States' Agent from the joint arrangement for preparing and printing short-hand notes of the proceedings before the Tribunal. I communicated a copy of this letter to Mr. Foster. It appeared to mo (hat, as these reports had been of obvious utility to tlie Arbitrators, Ihc cost of their i)roduction might fairly be included among the expenses which, under Article XII of the Treaty of Arbitration, arc to bo shared in equal tljo case under 99 moifiiVs by the two Governments, and, having? failed to agree with the United States' Aifonf on the subject, \ deemed it advisable to obtain an expression of opinion from the Tribunal itself. Mr. Foster, on receivinc: copy of my letter to Haron do Courcel, wrote in bis turn fi note to liis Excellency (which he communicated to me, and of wliieh a copy is incicsrd), setting fortli bis reasons for dissent! n!» from my views on tlio suly-ct. jiaron de Courcel has now replied, and I iiave the lioiiour to inclose an extract from his letter, the rest of which deals with another subject. Your Lordship will observe that the Arbitrators establish the utility of tliese reports. At tlie same time thev do not consider themselves competent to examine by whom, and in what manner, tlie'cxpenscs ought to be met. Inclosure 1 in No. 97. Mr. Tupper to Baron de Courcel, Dear Baron de Courcel, Paris, August 8, I'^OS. YOU will remember that shortly after the commencement of the proceedings before the Tribunal the United States' Government withdrew from the joint arrange- ment for preparing and printing short-hand notes of the oral arguments. The correspondence which passed on this subject between the United States' Acfent and myself, and a statement showing General Poster's reasons for withdrawing were laid before the Tribunal, and will be found on pp. 507 and 508 of Part til of tho Kepnrts of Proceedings. Since the withdrawal of the United States' Government, Avhioh was finally announced on the 12th April, the reports have been continued under the supervision of the liritish staff, and at the sole expense of Her Majesty's Government. In recommending this course to Lord Rosebery I was to a large extent influenced by tlie consideration that verbatim reports of the daily proceedings would be not only convenient, but n(>cessnry, for the members of the Tril)unal. Prom some expressions used by yourself at the meeting of the 7th April (see Report of Proceedings, Part I, p. ] I'H), I feel sure that you liave appreciated their usefulness, and the constant rel'erence which has been made to them by the other Ar])itrators contirras my opinion as to their general utility to the Tribunal. Under tlio circumstancL^s, I venture to suggest through you that tiie Arbitrators sliould consider whether tho cost of preparing these re|)orts niighl not be fairly inchided as one of tlie expenses of the Tribunal. The Xllltii Article of the Treaty reciuircs the Arbitrators " to keep an accurate record of their proceedings, and to employ the necessary officers to assist tliem," and in Article XII it is stated tliat after tbc payment by each Government of remuneration to their respective Agents and Counsel, and of the cost of preparing and submitting their several Cases, " All other exjionses connected with the Arbitration shall be defrayed by tlie two Governmerts in equal moieties." In case this suggestion should meet with the approval of the Arbitrators, it would of course be understood that Her Majesty's Government would bear their share of the expenses incurred by the United States in producing tiie reports of tiie speeches of their Counsel which they have presented to tlie Tribunal, in addition to those supplied by the Ikitish side. I regret that I have been unable, as shown in tlie correspondence referred to above, to come to any agreement with the United States' Agent on tiie subject, and tliis must be ray excuse ior troubling you with this relVn-ence. I have forwarded a copy of this letter to Mr. Foster. I am, &c. (Signed) CHARLES H. TUPPER. ■■■.'I' ',; ;i-' ro9i] '■■( ■ l^i " li'S^ ' 100 Inclosuro 2 in No. 07. Mr. Foster to Baron (Je Cnurrcl. Dear Sir, Porln, Aii(;iist i», 1 '-;».",. I HAVE voooivod from tlio IToiiourahlo C. 11. 'I'lippcr, A^ciit of the Hiiijsli Govfriimcnt, ii coijv of a conniiiiuication dated tlio Stli instant, and addressed hy liim to you, containini;; a veijiiest res|)e»'tini:; tin- expenses inciiri'ed l)y liini in |)ri'ji;iiiiii,';i report of tlie oral ari^'unient of Counsel hefore the Tribunal. This connnnni' utidn compels \w to address you on tli(> subject. The suLfifestioii of the Airent of the British riovorninent seems to bo tli.it thr Arbitrators should in some manner, directly or indirectly, l)y their own action, iiii|ii,v. upon the (ioverinnent of the I'nited States ;i ]);»rt of the ox])ense incurred by liiin in printiuir a r<>port of the procoodinijs before the Tribunal, includinti; the arn'iniK ,,;> nf Counsel. This seems to mo ti) be very * xtraordiuary, and 1 can in no nminai' assent to it. If I ho oxpiMise had b( Tribunal with ;uiv sugijestiou concerning its ])ayment. If it had boon incurred in pursuance of somi' direction or authority of the Tribunal, it would b(> very proper for that boily to consider how it should be defrayed. Hut it has boon incurred in neither of those modes. This report has boon made solely under the authority of tho Agent of Great Britain without my authority or consent. It has never been subjected to any revision by me or any one undrr my authority, has never been furnished to me or to the Counsel of the United States, anil is, so far as it has boon made known to rie by the use made of it in argument by tlio Counsel for the British Government .'.■oneous and imperfect. I cannot tln'iiluio consent to its adoption as a report oi ihe proceedings of, and arguments bcfon', tlie Tribunal. I was not unwilling at the outset of the sessions that a joint arrangement should lio made, whereby an accurate report of th(> proceedings of, and arguments before, tl'e Tribunal should be furnished for th(> use of the Arbitrators and Counsel, as well as fm' tho purposes of a permanent record. It is not necessary here to enter upon any statement of the circumstances which led to a failure to make such an arrangomeiil. it is enough to say that to call upon the United States to conh'ibute to the expense inciirifd would imply that the Agent of Groat Britain had the right, after failing to sccnrc tiie assent of the United States to the ])lan of reporting projjosed by him, to proceed ami execute that plan without the assent of tho United States, and without any supervisidii on its part, and that the United States was bound to contribute to the expense although it had received no copies of the full ro])ort. It seems to mo quite unnecessary to dwell upon the incorrectness of such a position. I am, &c. (Signed) JOHN W. FOSTEll. Inclosuro 3 in No. 97. Baron de Courcel to Mr, Tupper. (Extract.) Ports, August 11, ]S!i:!. Dri'lNG a i)rivate mooting hold by the morabei's of tho Tribunal of Arbitv.ition I submitted to my colleagues the note which you were so kind as to address to hk concerning the short-band reports of the! 'Iribunnl's proceedings and the mode ot defraying the expense lu'ccssary for getting up those rejwrts. ^ly colleagues concurred with mo that those reports had been practically voiy useful to all of us, and had helped us in our work, and that wo were inulcr iiiil obligations to all the jjcrsons who had taken the trouble to prepare such reports. As to tlio (piestion of the cost thereby incurred, the Arbitrators did not deem themselves competent to examine by whom, and i'l what manner, it ought to be met. BS8 of such a 101 No. 08. .If/-. TiippT to the Earl of Roacbenj .—{Received Aiujusl 16.) My l-oni, Paris, Aiujusl 15, ISOU. 1 HAVE the lionour to trimsinit to your L-mlship the deoisioii of tho Hclirinp; Sea Ti'il)iiiuil ol' Arbitrators wliicli has l)eon doliverod to luc thin day in aceorduuco ,vitli -\rtiidf XI of tlio Treaty of tlio -i'Jth February, 1892.» I liave, ifcf. (Signed) CHARLES H. TUPi'Elt. No. 09, Mr, Tiijipcr la the Enrl of Rosehrri/. — [Receireil August 10.) My T-ord, An/.v, Auijust l.j, 1S'.)3. THE liiial duty now devolves upou nio as llor Majesty's Ai^eut to record au iiiH(;ial aeknowlcdgmcut of i\w serviecs ol' those i;eutleiiien with wiioni I have been assoc'iah'd. I esteem it a i)rivileij;e to testify to the great value of the assistance whicli 1 iiavo (icrivcd from the sui)|)orl and counsel of Sir Charles Itussell, whose masterly^ ari^'ument uill ever remain a nionunient of iearninu: and forensit; tikill. His conduet of the case of till' (lovernnient of the C^ueen left notiiiug to hv desired. Tlie Attorney-ficneral was ably su|»i»orted liy Sir Iviehard AVebster. I may be IHTiuitted to indorse tiie sentiments so happily expres;;ed by the President of the Tribunal at tho close of Sir Itichard's art^umcnt. "Sir lliehard," said JJaroii do Courecl, "wo thank you for the very substantial and useful observations with which you have sup])lenientc(l the argument of Sir Charles llibscll. "We knew how iniu-h we were indebted to you already lor the elaliorato stiiily you have madi' o! this case un bcball' of (ireat ISritniu, and 1, for one, iiave vtMy iMucli admired the unrestricted and friendly eo-o])erati(ni of yesterday's Attorney- Gi'ui'ial with to-day's Atlorney-tienerai. The country is indeed to be envied wlieie pnty s[)irit admits of such brotiierly association when the national interi'st is at stake." Mr. Cliristopher Ikobinsim assisted in a siii;nal manner, and fully justified his .••pci-ial nomination by the (iovernment of Canada. Aitlioui,'h I propose in this desjiatch to eonlino my observations ehielly to those nhii attended the Arbitintiou proceedings at I'aris, I wish to refer to the late Honour- alili' W, II. Cross, one of the Counsel originally employed on behalf of Her -Majesty's (lovi riunent. His untimely death is deeply to be deplored. Jlr. Cross' ability 1 fully nrnuni/ed and aj)preciated, whilt! his genial disposition liad endeared him to all his associates. 1 have alrcadv alluded to the services of ilr. M. H. Box, and I have onlv to add tiiai those of ;Mr. 1'. T. Piggott were equally valuable. Sir George IJaden-Powell and Ur. G. M. Hawson have been constantly consulted, and their advice has been of great value. Dr. Dawson attended at Paris. It gives me pl(>asure to bear witness to his indefatigable industry, which was coupled with a complete mastery of the subject of seal life. !Mr. ilaxwell, as Secretary of my Stall', made himself exceedingly useful in every way, and I gratefully acknowledge his kindly and ready assistance. His intimate a('([iiaintauce with the French language has been most convenient to me, as well as to the public advantage. -Air. Charles Ihissell's services have also been of great bcuelit. In addition to tho im|iortant Avork Avhich came regularly under his attention as solicitor, he, with tlii' a'-sistance of -Mr. Piggolt, undertook tlu,' laborious task of revising and superintending the jiriuting of the st('nogra])hie notes of the ))roeeedings before the Tribunal. Mr. AndcMson, of the Colonial Olliee, who, as your Lordship is aware, was con- versant w'ith all the facts of this ease, rendered material aid. I i>avc also to commend the diligence and zeal evinced by Mr. Ashley l''or cop) ol llii' ilc'cisioii inclosed in lliis ilespatcli see " United States No. 10 (l&Sy)." [6911 P 2 I M ■• Xi '■W 102 l"'rou(l(', C..M.(i., Jfr. .T()so])li I'opo, and Mf. .lames Macouii, and to oxjircs, niv approciation of the roadiiit'ss witli wliii-Ii Ilit'Sf ifcntlt'iiicn have at all liiiics stii\iM li, l'acilitat(> tlic Ixisiiu'ss of tlu> A^ciu-y. In I'ai't, tlio mcmlxTs of llu; (icncial S| iH Imvc vi«'d with oiu' niiotlicr in tlicir cinloavnur to jironiotc llii' cnmiiiou c;uis:>. Tlie siTviiMs iviidiTi'd by Mr. (i.l'. rairholinc.of llio l''on'ii,'n Ullicc, in flio initiir of the Hussiaii translations, rail for special mention. 1 in."y also refer to the exii Hcnt work don(! by bini, as well as by 3Ir. II. I'arnall and ^[r. ]•). A. (Jrow(!, as rii'iieh translators s^enerally, which has evoked from the President of the Tribimal an exjucs. sion of admiration. In thus acknowled^'inij the valnabli! aid which T have received fnmi those hkho immediately connected with the Arbitration at I'aris, 1 am not -ir mindful of tlic fiui that there arc others, whether scrvini; under your Loilship or iao Secretary of Stiilc for th(> Colonics, or in the employ of the Canadian (iovemment, whose assisfaiuv in the laborious work of the prc])aration of this case merits rccoi^nition. As Minister of ^larinc and Fisiieries of Canada, it will he my pieasuri> aiil my duty to represent to his Excellency the (lOVcrnor-General with more particuliui y mv 8cnse of the important services which Irwe becMi rendered by ollicers of the Canalinii Civil Service, whose names do not appear in this despatch. In the nieantiini', I content myself with this general allusion. I cannot, however, clos(> these observations without expressing? to your I-oi'(ls|ii|) my warm appreciation of the advantage which I have derived from association wiih Sir Thomas Stuiderson, of whose knowledge and experience I have fully availed niysclf at every stage of the case. Indeed, I iind a (lilUculty adequately to express my gratitude to liim for the readiness he has ever shown to assist mc in the performauci' df those IionourabU' duties with which I have been charged. I have, &c. (Signed) CUARLKS II. TUPrE15. No. 100. Mr. Tapper to the Earl of Rosebery. — {Received August 10.) 3liy Ijord, Paris, Auffitst 15, ISDIJ. I HAVE the honour to report that the decision of the Tribunal having licon delivered to mc, I i)roposc to leave Paris this day, and to sail for Canada on the 17th instant. I have asked Mr. Maxwell to remain here for a few days to wind up the business of this Agency. I have, &c. (Signed) CHARLES U. TUPPEU. No. 101. The Earl of Roschery to the Marquis of Dufferin* My Lord, Foreign 0//!cp, August 20, 1S9:5. Til H Arbitrators a])pointcd under the Treaty of "Wasliingtonof the 21)th Febrmirv, 1892, for the examination of the various (picstions that had arisen in connection with the fur-seal fishing industry in jjarts of I?ehring Sea and the North Pacific Ocean, liivo pronounced and published their Award on the 15th inst^mt. I have now received the (Queen's commands to request that your Excellency will convey to the President of the French Uc])id)lic Her Majesty's acknowledgments of the great ability and unremitting attention displayed during the prolonged j)roc;'edinL;s of the Tribunal by Huron de Courccl, the cniincnt Statesman nominated by tliu President as one of the Arbitrators on the Tribunal. The examination of the voluminous documents laid before them, and the difiicultics surrounding the cpiestions on which they were occupied, have imposed on each oiu" nl' the Arbitnitois a considerable sacrifice of time and personal convenience and a hui;o amount of personal labour. * Similar despatchea were addressed to Her Nfajesty'ii Representatives at Rome, Stockholm, and Wa^hinglon. A, io;j I iccnicHf. thiit, you will suhniil to I lie I'lrsidriit of the l''rcii('h J{c|>iil)Iie tin^ hope ot'llci' Majt'sly that her ai'kiio.vlrd'jjciiicnt-i may l)e c'onvcy<'n associatinl with you i\v the j)roceedings before the Tribunal. I have received the Queen's commands to signify to you, and to those who have worked with you, Her Majesty's gracious approval of tin; zeal and ability with which you have maintained the interests rf this country and of llt-r Majesty's subjects in the important matters which wcu-e subniitted for decision. I have conveyed to the Attorney-General and to Sir Richard Webster the cordial acknowledgments of Her Alajesty's Government for the manner in wliieh Uicy have presented the Case of licr Majesty's (ioveriuuent before the Tribunal, and i must rciiuest you to olVer the sjune acknowledgments ou their behalf to Mr. 0. llobinsou, Q.C., of the Canadian IJar. I note witii entire sympathy and agroement ^ tribute which you pay to the ability of the late Mr. W. 11. Cross, whose premature death \\as a subject of deep regret. I have to request that you will assure Br. Daw son of the great value attached by Her Maj'^stys Government to the assistance which he has rendered throughout the Arbitration, and their appreciatiou of the learning, ability, and patient industry which Ik; has shown in collecting and placing at the disposal of those charged with the conduct of the British Case the information required for the elucidatiou of the various questions of geography and natural history involved in the argument. I shall offer a similar acknowledgment to Sir G. Baden-Fowell. *4 i f '!'t PI II I \i It liHs iill'ordtul 111!' siiic.M'ti ifi'iitiliciUioii to irnd tlio toNtiinony v«u bmr fy ym IVom the other !,'entlenien cinployeil at I'aris, • 1 1||,, assisluiiee wliieli li.is Ixcii u'lideivil t ) \ciii liy varioim ineinliei's of lliin Depa .1. I am, Sii\ (Si^'iied) 1U)8KHKI!V. No. lUl. Till' Karl 0/ lloadiery to Lord Uimnvn.* Mv liord, Foroiijii Offirr, Aiifjusl 2!», IS'J!. 'I'lIM labours o| llie 'rrihimal of Arldtintioii appointed uiidiT tlie Treatv i,\ "\Vasliini,'((>ii ol' tlie i;!>tii h'eltriiary, 1^\)2, liaviiii; been now closed, and tlnir An in| delivered on tlie Ifilli insliint. I ha\c reeeiNt'd the t^neen's conininnds to eonvey lo voii Her Majesty's a(d\no\\ ledi;nients I'or yonr services as one of the Arhitnitors, an! Ii"i' n,;)i)i'eeial.oii of the zeal and ability yon have shown in that olliee. Her Majesty reeo'^'ni/es that your duties, inviilvini; as they have done the cIikm •ili<':\l:on dnriiii; a proioii'^ed |)eiiod of lime, were undertaken at, eonsitU'rahlc persci ml .Ui-onveiiieMce and h'oni a stroni; sense of public duly. I iiavc pleasure in askiui,' you to !iccept also tlu- sincere thanks of lier Majesi v's (lovernnienl. for the valuablo services you have rendorcd to tlio country on liiis ini|i ir- taut occasion. I lUll, itc. (Si.jncd) iioski{|;i:n. No. 103. Tlir hurl of liosebcry In S'r V. I\ii»si-ll.f Sir, Foreiyn Office, Aiujiisl 21), is'.i:;. Til !■; proceedings ot the Keluiny; Sea Arbitration havinij; now been concluded, .iinl tiie Award haviiit,' been deliverrd l)y the Arliitratoi-s, I have much pleasure in otVerini; to you the sincere thanks of Her .Majesty's ( lo\crnnienl for " eminent services v .m have rendered in connection with the Arbitration, anil in ass' vou how i^n-atly tliT appreciate the patience and industry shown in the prepani ' the plcadiui^s. ami the sii^nal ability with which the Jiritish Case lias been ar^'ucu oy you asllcr Maje>l,\'s Counsel before the '{"Mbunal. I am, &.V,. (Si!,'ned) UOSKMKin m No. 100. The Earl of liosebery to Sir (I. Baden-Powell. Sir, Foreign Office, Augunt 20, ISiC!, 'I'll V. procc(;dini;s of the Uehriu",,' .Sea .Vrbitratiou bavin;.; now boon concludod, au'l the Award haviu!"' been deiiverod, 1 have much jjloasuro in oiVeritiif to you the bi>' thanks of Her Miijesly's (lovernment for the valual)lc assistance which you ha\i' rendered (luring the pr.paration of the ])lcadinu;s, by placins; at the disposal of thdM' cliar!;<'d with tlie con^luct of tlie British Cas;; your exw>ptional and extensive knowledi^c of the habits of the fur-seal, and of the various questions coniie«'tcd with the seal iishery. Her Majesty's (iovernment are fully s;''iisible of the zeal and iiulilic spirit ulii li you lia\e shown in the dischari;c of this task, wliicii was voluntarily iindcrtakca I \ you, aiul of the amount of labour m hieh it lias entailed. J am, &c. (isi-ncd) liOSEHEllY. * AUo to Sir J. Tliompaoii. f Also to Sir H. Webster. .V .' lor. No. 107. f.onl lldiinrii Id llir Knrl of I'lisrh"!'!/. — (lirrriifil Srjihnilur H.) M\ LiiI'd, lit, Ldiica.slcr fliilr. I.tmiliiii, Sriilnnlirr (', \*''X\, I AM lionouri'd ))y vonr l<(ii-nii iii(> ilnl voii liJivc rcccivi'd tin' (^iic('ii\ niiiiin.iii(is to coiury to ini' llcr Miijisly's iickiiiiw li'ili;nn'iits i'lir mv services jis one of the Arliiti'iiloi'.-« iiinler the Treats ol' tlie •jlU'i I'eliniarv, lHi)2. I flesin; to express my respect I'lil Ltratitiult) I'or the ijrMcioiis liiiii^ of ap|iroval with which tlioso ackin.wledi^nn'iits are aeeoiiipanied. They will ivMi liii I'lir me a sonrce of ici^itiiiiate prid<' to the end of my life. It is also a siilijeel (if L:ii'at satisfaction to me that my services have I ii (leemed worthy fif the thanks of III!' Maji'sly's (lovernmeiit. I trnst that the lahuirs I have heen enu;ai;T(| in will |ir(i\e luMiellciai, not only to this country on the prcMciil occasion, hut to the interests (if |icaco tiiroiiglioiit tlic* world. 1 have, ite. (Signed) IIANM;N. i No. lOR. Sir C. litisspll In llie Earl of Roxflirry. — I Ii'crfiird Scptemhrr H.) My Lord, Liiirnln's Tim, Lnndon, Seiilnnlnr s, IS'.CJ. I IM'Ki to nckno.vledi^o your Tiordshi|)'s lavour of the "Jsth ultimo, in which you nre ^ood enouj^li to convey to urn the thanks of Her Majesty's (lovernmeiit foi' my SCI \ ices in the IJehrin:;' Sea Arhitratioii. 1 thank your Lordship; liiit I should like to 111' |iermitted to s.ay how much the Counsel representing^ the interests of (Jroat ilritaiii Will' indi'hted to tlie LrentleuK'n eonneeted with the T'orei^ni Ollice for most valualile lirl|i in their lahoni's. I refer, I m-ed scarcely say, in an especial manner to Sir 'I'homas ,s,ni(lerson, whose wise c!ounscl and criticism in the preparation of the Case, Counter- Cisi', and Arirunu'ut \\v, valued liiu;lil' ; hut I refer also to the unrcmittini;' help and iiltcntiou of Mr. 11. 1'. Maxwell and of Mr. Ashley Froude. 1 have, itc. (Si-j'iied) C. llUSSIiLL. r. !> !■ ii m TREATY SERIES. No. 10. 1894. CONVENTION i (EAT BRITAIN AND THE UNITED STATES lt.«l,IiniNTART TO TRB )NVENTION RESPECTING BOUNDARIES OF JULY 22, 1892 (ALASKA AND PASSAMAQUOD^Y BAY). Signed at Washington, Februaiy 2, 1894. IPttlifications exchanged at fVanhitiglon, March 28, 1894.] ;iA PriunUd to both Huuttn of Parliament by Command of Her Maje\tii, April 1894. PACIFIC. LONDON: I'RINTED KOK HKll MAJKSIY'S SPATIONERY OFFICE BY HARRISON AND SONS, ST. MARTIN'S LANE, PalNTIR* IN nilDINAIlT TO Hill HAJIBTT. And to bf purrtmwtl, filinT ilifftly or through any B'KikfleUer, from KvH« and SiMtTTi-iwnnK,. r.-M Manlint; Srrift. Flw-t Stnvt, K.C., and .TJ, A')iniEdon Street, Wi^jinuin.tri', S.W.; or John MaNziKK N f'V, 12. Hano»ir Strw't, Kdinburgh, and no. \V. St Nil.' Slr^'t, Ola«i;.i- or MnnoKa, Fluuiii fk Co., I.imiteil, 104, (irk' ii Street, Dublin. \v\ m Majesty. _J I, O N HON: PBINTKI) VO\i bit .MAJKSTYS .>ino SrKr.r.r. Fi««T STR»«r, K.C, ahb 32, .\itiNuuox Sturki, >\«aT»iiM»T»R, S,\V,j or JOHN MKNZ.KS .\ to., \i, II»il, litlur dinxtlr or (hnragli inr BiiokMller, friim IVRK AND SPOTTIMNMIIIUK. Ka>t lUnniNo Stukkt, Fikkt SmiKr. K.C., amo 32, .\|IIN'UUU\ Strki. W KATUINKTHK, .S.W. ; nil JOHN UENZiKS \ t.u., ]2, lUwuvtH .> HIK MAiHTV. And to be purtrhiiM'd, cillit-r ilin-rtir or lhn>uffli any Roukfrllrr, frum kYRK AND 8POTTISWOMUK. KA»r tiAKniNo Wthrkt. Ktsry STKiiir. K.C., IMO J2, ABINUDUN ikTRKKT, W RRTUIN>(TKR, S.W. ; IIR JOHN MEN/iKS ,\ I.U., 12. IIanuvkr Strfit, KuiNvuciaii, and 90, Wmt Nilk Street, (UAnadW; uR HOIMiEH, rinr.lS, anu in , l.iMirfU. 101, ORArroN SraiiT. Duelim. [1-7713.1 Price (kl. It'l! ' '1 l\ A,/ JKr^'Ml '■] TABLE OF CONTENTS. •.^!'<:ll No. Name. I To Sir l< Mdrier DuU- T.'Wgraphic July I, 1«93 •i To Mr. Iluward ■i I'ounnl Office ''' Vi) Mr lit' Bunit'i )> !■ Mr. Howard 7 Ailiiiirfilty ^ Mr. Ilownrti 9 1 1 To Aiimiralty 1'.^ Culdiiial Officp 10 releKraphio , rele)rrii|)hii' i jTele.'raphic 5, 6. S, 6. U. II. 84, 14 Mr .1.- Iliinirn l'> Mr. Howard I lei To Mr 'flipper I 7 Mr. Howard l> Mr 'I'upper JlllK' Jiilv to ■2b, .\ug 4. July 31, Auk. 'i . ■' I •» I» 'iit .Mr de Uuniien 21 To Culunial Office 'r2 ColoniBl Office July ». 13. 15. as, Si'HJKcr. Il'ai;.' Royiil Aisfui (.Mveii to Seal Msliery (.North I'.i ilic) Alt, ami Order in Couucil tu be ; ll•^ed iit oiii'e, »tien iiiHtriictioiK will be >ei'.t to uaval ullii'ers. .Siniiiiir iustruclions ^llnltld lie Hem to llietKiaii officers! 'rraiisiiiits Order In Council and inatructions to cruKem . . . . " Uuaie Olseii " case. To olilniii cliait used by Unns'ian Sjiecial ('iiiiiinission. and utate exact petition ut' Island of Aria referred til .. Traiimiiilii " Seal Fiabcry (North Pacific) Order III Council, 189:S " Order in Ccniieil paHmil. To iaaiue necessary uarn ngs at Jaji.iiii-.^e port:. Order ill C'i'inicil and iimtruetiuns to cruisers 10 be cuniniiinicaied to Kimsian Goveru- int'iit liegnlalions under N-al Fishery Act. Trans- mits telcLTain to Admiral lii>lriictions lo |{ns^iall eriiLsera. Transmits luwspaper extract, giviiiL' siilisiance " Iiosie Olseii'' ense. Chart used by Itussian Siieei.il ('ominisrion. I rantiuiits note to .VI. Chichkine, a-kini! for .. .. Older III iJiiiiiieil and instructions to cruisers. Transmits nolo Inforraiii); Kusiian (iovern- nieiit TraiisiiiiiH copies of Order in Council and insi nut ions tc cruisers to be issued by .Ailmiialty . , rran-niiis despaicb from (iovernor-Oeiieral tf Canada. .Steps taken lo «arn sealers .. J'ciliire of sealiiiir-»essels by Iliissian cruisers in If^'j'!, t'oiiiiiients on note from Itussian Guveninieni with respect to ill-treatment of crews and le<:alitv of seizures llefnre piilliiif; forward claims, they should be leter'i.l ,c Canadian Minister of .NIarine and Fisheries. . lEiissian .Minister has ieh').'raphii' instructions lo iiiforiu nival otIieer« ot Aiiieenient, and i:ive them instrnctioiis as to seizures " Kosie Ol-en " ca>e. Itelera to No. 9. TransniilB iinle fru;n M. Chithkine, for- wardiii)' rojiy of chart used liy Uussian Special Connnis.'.ion Unssiaii SI iiiires in \Hii'J. Traiisniils No. 13, for expiessiiiii of views I'ruteclioi! of Inr-seal industry. Transmits new liiissian Law Ifiissian sei/iires in IVOi. .Answers No. I'J. Sni;(;ests hii-«ian (loveriinieni should he ■sked to Hiipidy t'roiocols. lous, and charts. and other lUx unieiiis. Joint Ciniiinissiou ini);lil then he appointed Kussian Sealint; l.iaw. It should lie explained lo Kussian authorities th.ii (ireat llritnin does not assent to anplication ontsiiie Russian jurisiliciion Warning to sealers, CousuU informed I'rulectioii of fiir-DealiiiK iuuiistry. New Kus- sian Law. TransniiiH despatch fVoin Mr 'I'npiier and draft despatch to Mr. Howard, in aeiise of No 19 . Fur-seal ill); industry. New Rnisian Law. Answers No. '21. Concurs In draft to Mr. Howard .. 12 14 14 Ij 13 16 P 17 18 18 [300] ^'Ki^i TABLU OF CONTENTS. Ill I'aj!^ 12 14 16 1' 17 18 18 Vo. Name. Dnte. o;i To Mr Howard 14 Mr. Ilci«iiiil . t :j v'ololii'il Oftitr ji, T(i Ml Howard 1; \!r. MowHnI Coioiiial Oltii'i- Aug. ao, 1893 I Sept. lU, 91, N'oi. 15, as, ■-«, a To Colonial Oll'ite ,1 .\Ir. Howard I'o .Mr. Howard .1 Mr. Howard relojjrapliic Tt'l^tfrapliic 'relejfrupliic •-'(), 14 1" <. »» Ij 1" 1 oluiiidl OlVice 15 1. lo l':.'!on of ConiinUitlon. l-'ortlier iii^'orination slionid be obtained from l(n.ssiaii Government Ku.''!iian ^ei^ul•e^. Coiitriidiclions between 8iale- inent» of siulersi uiiil uf I{iii'. lielrrs to No 26. Trans- iiiitH note aililreshed to i{ii>sian (tovernment, u>kliiK for I'rotoeol.s and for permission 10 iiispeet lojfs, ^ir. T'raiiMiiit', ilenpaieli from (loveinor'Cieneral, ini'l»!tin(; .Minute of Canadian I'rivy Council dissentini; trom .M. Cliirlikine'it view re- Kpectni): iMeiiDioii of the Iliiirlni; .^ea Award lieiinlations to tlie Western I'acilio. Has KiKsiaii (iovernment made any overturcsian (ioveiiMPent will lake st»p» to make arranueiiieiits will: tbe llniied .'^lates' (io- vernment williont ileiuy, rrolongallun of Vyreenieiit oIliciaKy proposed. Conversa- lion W'ilji .M. lie Ciiers .. Coiiversation uitli C'o.int Kapnisl. Proposal 10 reiU'W Agreement , . Iniloses note I'roii Knssian (iovernment ntlt- cially prej.asitijf prolon|;atioii of Airieeineiii I'riiUni^aiion of Airreeiuent. T'ransmiis tei-,.*- i;ra:iis to (iovernor-tieiiernl lit Canada l'roloni;3lion of .Aureeineni. Transmits copy of No. 'i!>, inrlosiii); formal p.i>posal of liussian (>ov>'nnieiit and draft reply lor coiienrrence. t'lvsli Order in Council will lie neeessary . . ■ . Kefers ti. ;I7. Concurs in terms of reply to Itnssian Ciovcrnnirnt . . Kelers to No. :ij. Tranamits note to be addressed to Kiissinn (iovernmenl respecting' pi'oloiikialion of Ai;reemenl Tninsmila telegram to Governnr-tienersI of Canada, desiring liiin to give publicity to (act lliat .-KKreement is about to lie renewed Itelers to No. 3'J. Words tu be added to mile, conseniinir to prolongation of A|rree- menl. which iiiake it clear thai no reply is liccesaaiy from them . . P*g. IS 19 19 '20 •n V2 'J3 23 24 24 24 25 25 •26 37 27 2!f 28 28 M' .11 , 1 , IT TABLE OF CONTENTS. ■■■H ^o. 43 Nanif, Mi. Howard 44 j Kxtruut from " l^iidon (lozette " 45 Mr. ilowariJ ^>i I iiiiial Ollicc 4T To .Mr. Fra»er 48 To Aduiiraltv Dutc Subject ligi I Jan. 10, 1^94 I I i Frb. 14, I 49 T.. .Vlr. Howard 5'■■ Colonial Olliie I 5-* Sir .1 I'aiinii'fiiic SS Colonial Office .*)(> .Mr. MoA.iril 57 ' To Sir F''. Lascdies j.s Sir 1'. 1 asifllps 1 5o •' » t» I 60 Colonial OfBci- 61 I L' 111 Colonial OfEce .. i 6.1 Colonial Officv . . i 10, .May 10, .hini' 4, Jnly 10, Atg. I. 14, .Sf[>t. f. Oil 1. Diu. £1>, J:in. I, 1M!.>3 7. Itefrrs to Noa. 89 and 41. I'rolonjtatiun ol'{ Afrrrainent. Tran»niitJ copy of note I addreuBpd to Itnsainn (■n?prnnieiil Knanian Government have alriMuly roniineiK-pd nefrotiationa for a ainiilar A((rermenl with the United Statea' Government . ! " Order in Council (Seal Fiahery, North Pacific) ! l!<94." for givliiK effect to ttie At>revnieiii with KnKsia Conrer>atiun with Count Kapniat. Kusnian Miniator at Waaliington of opinion that United Statea' Government will cunaent to an Aureeinent Tranamita deapatrh from Governor-Oeiieral. | incloninK .Minnte of Canadian Privy Ci.uncil Stepa taken to notify to Hritiah Columiiian I aealcra probable proionj^ation of .Agrremdii with Itussia .. . , Prolonnation of Agreement. To iaaue warn- • inga aa in 1893 .. .. Trananiita Order in Counril (aee No. 44 V giving effeot to renewal of Agreement. l)i.. >iralile that inatruetinna to naval officers similar to thoae sent in I8!)3 should a;:ain be i:inn (Joverniiient Refera to No. 40. Tranainits denpatch from (iovernor-Gineral. iriclo-ini; Minute of C.ma- diaii I'rivv Ciiuncil reporiiiiu .»ti'ps taken in give luililicity to renewal <•( Atri'imeiit. Pres-unies Her .Majcsty'a Miuiater at I'likio haa been iiistnnteil to acquaint aealing- viaaeU Similarly . . .. ,. Kelera to Ni\ 50. InMruclions aent to Her Majesty's Mini-ler nl 1 okio to iaiue neces- sary warninjia respecting renewal of Agree- ment ,. .. ,. Keters to N'o. 49. Order in Council cominu. 1 nicated 'o Itustiiaii (iovernmcnt . , . I Refers 10 Xo. an. Transmit* deapalch from | (iovernor-Oenural, inrlosini; .Minute of Ca- ' iiadian I'rivy Council, showing ateps taken to ' aniouiic proloii;raiioN of .\greeuient Traiisiiiits copy of Agreement between tlie i United Statea and Russia Deapaiih fiom (Ti.vernment of Canada respect iiig steps taken to publish Agreement »iili , Russia Refers to \o ;'(). .Seizure of sealers ij\ Russian cruisers in IbiJV. Requests fir j Protorolsj \e. ,, AnsHcM's No. a(>. Rusaian seizures. To ^'i\i hi' early attention to the matter of obtaininij evidence aa to . . ., Russian seizures. Haa applied for documen- tary evidence. , . . , Russian seizures. Renewed upolication fnr ducumentaiy evidence. Not* to M. de (iiera .. .. New Russian SiNiling Law. Deapatch from (iovernment of Canada . Agreement with Russia. Objections of Canadian Governnient to legislation lor giving efli'Ct to. I'ropnaed aiiiendmciits Proposed meaxirea for insuring observance u . Agreement with Russia .. .. Concurs in proposed meaaiirea to iiiiin observance ol Agreement with Russia. In quiry aa to prolongation of Agreimeiii between |{u>Sia and United Stan a. Cal • attention to e.tpirv on the Isl .July of "Sea l-islierv Ae!, IHui" .. No. 64 63 66 (7 72 Sir .>« 73 Sir 'M 74 74 To Col a:- 76 Con C S( 77 i, ■ Pifi v^iP^^^m^^WW^r' Wff TABLE OF CONTENTS. o \Mue warn- ■ )uncil oomiiiu- So. 64 63 6C 07 Ninne. To Mr. Trench .. To Admiralty To Colonial Office .. To Sir J. Puuiicefote. , To Sir F. LmccIIm . . Colonial Office .. Admiralty.. .. Sir F. Laacellea , , Sir J. Pauucefote •• Sir F. Laacelles ., To Colonial Office .. Colonial Office .. Comiiiunicated by Colonial Office Telegraphic Date. Jan. t), 1895 10, 10, n, 12. 15, 17, 23, 84, •26. Feb. 9, Mar. ti, 20, 20. Subject. Her Majesty's Coniuls should warn aealeri that Agreement with Russia remains in force .. .. .. Her Majesty's naval officers should warn sealers that Agreement with Russia remains in force , . . . . . . . Answers No. 68. Transmits telegram to Mr. Trench (see No. 64). Informs of lett(>r to Ad- miralty (see No. 63). Concurs in proposed telegram to Canadian (iovemment. United States' Agreement with Russia. Her Ma- jesty's Ambassador will ascertain whether United Sutes' Government have any inten- tion of terminating , . . . Transmits copies of correspondence respecting measures to insure observance of Agree- ment with Russia. To communicate sub- stance to Mr. Gresham, and inquire whether United States' Government have any inten- tion of terminating their Agreement with Russia .. ,. .. Transmits copies of correspondence respecting measures to insure observance iif Agree- ment. To communicate instructions to M. de Oiers, aud to inquire whether any Russian ships will be detailed for patrol , . Telegram to Governor-GenernI of Canada respecting warning of sealers. That Agree- ment remains in force . . . . . . Telegrams to Commanders-in-chief on China and North Pacific Stations respecting con- tinuance of Agreement . . . . . . Transmits copy of note to M. do Oiers respect- ing measures for insuring observance of Agreement .. .. .. United Stales' Government have no intention of terminating their Agreement with Russia Note from M. Chichkine, inclosing documents respecting seisurc uf scalers in 1892 .. Transmits copy of above . . "Seal FiHhery (North Pacific) Act, 1893." Modifications suggested .. Memorandum forwarded by the Governor- General of Canada respecting the operation of the Agreement with itussia Amendments in " Seal Fishery (North Pacific) Act, 1893," suggested by the Governor- General of Canada Page 42 411 43 4S 44 44 44 45 45 4« 47 47 48 49 (36G) I > ■] t*^ * :.:» ■I'^il M t {::C'.) rfiiii'^«|)<»iMlence n'speclin|[( the Ati^ivcmont with Hiissia relative to the Seal bisherv in the North Pacilic. w In continuation of " Russia No. .'J (18!Kl) :" C. 7021). No. 1. 77ie Earl of Rosebenj to Sir R, Morier. {Telcayaphlc.) Foreign Office, July 1, 1893. THK Quocn's assent was ^iven on the 29th ultimo to the Act of Parliamont passed in pursunnco of tho Scalin£» Arranscemcnt with Russia. Tiio Onlci- in Council ffliicii is required for carryini; out the provisions of tho A^n'oraent will also bo passed witlumt delay. Her Majesty's cruisers have already been diiveted to warn British scalinsj-vessols that an Afcrcement has been made with Russia, and formal instructions will be sent for the guidaupo of our naval oliieers as soon as the Order in Council is issued. Copies of these instructions will ho forwarded to your Excellency, and you will k' requested to communicate them to tlie Russian Government. Her Majesty's (lovernment trust that corresponding ortlcrs Mill be ji;iven to the Russian oflicers with regard to the formalities to be observed iu making seizures, and in recording evidence for the purpose of eventual prosecution. No. 2. The Earl of Rosebery to Sir R. Morier. Sir, Foreign Office, July 1, 189.3. WITH i-eference to my telegram of to-day, I transmit to your I'lxcellency licrewith copies of the draft Order in Council, which will he issued on the itb instant, for iriving elTeot to the Act of Tarliamcnt relating to the Sealing Arrangement with Russia. 1 also inclose copies of the instructions for the giiidance of Her Atajesty's cruisers in the neighbourhood of the Russian seal islands, which will be sent to the Com- miinder-in-chief on the China Station iis soon as the Order in Council has been passed.* A summary of them will bo forwarded by telegraph. As soon as the Order in Coimcil is passed, [ will inform your Excellency by telegraph, in order that the documents may be commuaicatcd to the Russian Govern- ment I am, &c. ! (Signed) ROSEBERY. : .4.i [366] • See No. 11. B hi m:} t;^ wj : til N(). 3. T/if E<»r/ 0/ Rosehery to Mr. Howard. (ToloRrnpliip.) Foreign Ofice. July i, ^93. SMIZUHK of sonlors. With rnl'i'rencn in the Roport of thi" SfH'cinl ComnMiit*ioii» vsliii-h was 8«!iit home in Sir 11 ^lorii'r's iltNiintch of fhi' 12th iilliino, ph'asc cndcnvoiir to olitain a {'opv i.l' the clmrt used by flw Coimnij.sioii, and slatf tho cvin-t poHitioii of the Island of Aria wliiel, is reforrod to in the case of the " Itosii- Olscn." It has been found tlmt tho distances of the points of seizure from the slioic, as pjven in tlie Itussian Report, show eousiderable divergence frona those distauecs as mnrkod on tho charts whicli wo liavo hero. No. l. Counril Office (0 Fore'ujn Office, — {Received July 5.) Sir, Whitehall, July 1, l8i);i. I AM direclfd by (ho Lord I'n'sideul of tlic ('oiinoil to transmit to Vdii tli,. acconipanyini,' Order of Mer Majcsly in Couneil of tiiis day's date, I'ulitU.Ml, " i In; tv-al Fisliery (Niirlli Pneilie^ )riler in t'onneil. !Si);l;" and ! am to request that yon will lay tlie s;ime before the Secretary e,f St;?!' fur l-'oreiuii AlVairs. The Onler will be piiblislieil in the '■ Loiuhfii Ciazelte " of tin' 7th o'sluut. I am, &e. ^Sigrled) C". L. I'iOLL. Inelosure in No. 1. Order in Council, dated July 4, 1893. At the Court at Windsor, the Mb day of .Tuly, 1H!)3. I'resent : ThK C^UKKN's :MoST Kxt'ELLENT MAJESTY. Lord Presi(h'nt. Lord Steward. Lonl Kensington. Lord Vivian. W1IEI5I:aS by •' The S(>al Fishery (Xorth Pacitie) Act, 1893," it is enacted that Jler Majesty the Queen may by Orch'r in (,^)uneil prohibit durin;; the period spceiliod oy the Urder the eateliiuLr of seals by Brilish ships in such parts of the stsas to MJiicli that Act a|)plies as are speeilied by tlie Orfler ; and tliat b ;' eiirrying into etl'eei nii arrangement with any foreiL,'ii State an (Jitler in (Joiincil may provide that such ollict ■^ of that State as are specified in the Order insv exercise the like powers under the Act as amy l)e exercised by a eomniissionrd otlleer on full pay in the naval service; of ilei Majesty in relation to a l?rili>ii >lii)), and ihe eiiuipment and crew and eertilieat.' thereof; and that any sneh Onb'r ir.iy contain any limitations, conditions, qualilic.i- t ions, and exceptions which up|)ear to Her -Majesty in Council expedient for earryiui,' into eifeet the object of the said Act: And wbereai the said Act applies to the seas within that part of the I'acific Oc(;an known as Behrinij Sea, and within such other parts of the North Pacific Ocean as are north of the I'ind jjarallel of north latitude : And whereas an arran'' L Iiuntiiisf Hcnis within such piirU of the Raid seas us arc licrpinnftor >i)ori(l(;(l may be jciiPil i'y Hiissinn ■ C'^'! No. 6. Thf Earl of lioirhnrj/ In .\ff. ilc Hiuisen. (Telegraphic.) Fonifin OJfin; Jul,/ ."», I8t>3. ON the 12th May you were iustrueted to wjirn British seaUn-s that an Aj,'rttment hiul Itcun made with the llussiaii Governnu'nt to prohibit sealing within (certain distances of the llussiau coast and islands. The Order in Council for (enforcing this Agr««ment was passed yesterday, ami British stnilcrs who iafringc its provisions are now liable to be simmmI by Jtritish or Russian crvJ' rs. The necessary warnings should be givtm at Japanese ports. The Aa'-airalty have sent instructions to British naval ofHcers. '"■■\- No. fi, 'I'/ir Hurl of Rosehrri) to Mr. Howard, (Telegraphic.) Foreign Of/irc. Juli/ 't, i603. WITH reference to my despatch ol' (he 1st in.stani. yoe. are authorized to coraiuunicatc to the llussiau (loverninent "flic Seal i'isbery (North Pacilie) Order in Cnuneil." which was is.sui(1s Commissioners of the Admiralty to transmit, lor the information of the Secretary of State, for Foreign AtVairs. coj)ics of teU^grams, dated the Uh nnd Cth instant, sent to the Commanch'r-in-eliief, China ... 1 am, &c. (Signed) EVAN MACGUEGOE. : :4 f , I ' r' [366] R 3 m Inclosurc 1 in No, 7. Admiraliij to Rejr-Admlral Sir E. Fiemantle. ('IVlo','nii)lii<>.'> Adniiatlhj, Jul;i I, 181).i. HK(J('LATlO.\S under Soal Fiilicry Act aro as lollmvs. liul do not act willuml i'lirllicr instruct ions :— Mrilisli cnii'iciN to co-opiTittc witii I?tissian in iin-vciitin:; uorsons liclon;;in;; to Mritisli ships killing; or liiintin<; seals witliin /.ones 10 marine miles Kii::?iuu coaM, and .'{») niarinc miles round Commander an! liohluMi Islands. Warn Mritisli sliips they an- liahle to ca|iturc for contravcMition. Uritisii or Unssian crniser uiav >lo|) .md examine UiitisJi ship contravenintj. Uritish ('onimandcr cxainiiiini; "ihip should draw up written statement ol circumstances and grounds. If evidence in statement taken on vtath in presence c)f person chnri^fMl haviiii; liberty to ."ross-examine and reply, Commandrr shuidd eerlil'y ae<'(ir(linu:ly. Jtritish Commmder scizini; sliip shoii'm t.-ike iier tor adjudication to Vokoliainu nr Sliani,'hae, or Urilis'; Colonial port haviiii; eonipeteiit Ci(iii,il one, or return eeililie.-tte indorsed with i.'roun(ls for seizure, and direct ship in pin. visioi'al certilieiite or indorsement to proceed lortlnvith to spceilied |k)H. oritish Coaimaniler should in any case remove seiilin;; e(|uipntcnt, and send it witii certitient*' or copy of indorsement, aiul statement and witnesses, to spceilied port to British Consul if ^ Okohanui or Shani^h.ae, Collecfoi .' Customs if cidonial port. ^^'hen Ilussians sto|> ship Commander will at first opportunity hand oi'Mshipor doeiiniehts to Mritisli cruiser or authority. Uritish Commander reci'iving shij) or diMMimcjits J'r.>ui Itussjiuis tn. Hussians alone will exercise jurisdiet" »n within :t-mile limit. Send iiecessjiry cruisers to carry out above. I'lill text of instruetiims and dneii- mci]ts fellow In mail. Inelosure 2 in No. 7. Admiralty to Rear'Admirut tfiV H. Fiemantle. (Tclei,'ra])liic.) Admindtii, Juhj (i, IHI?;!. SK.\i.lN(i Order in Council d.ites tth .Itdv. .VHfai)Ce of Article in the " Crnnxdidl Gazette " of June 9 (21), 1893. ACCOHDINCi to tlif "Cronstadt (iazctti'" of llic Otii (2lHt) Juno, ls!)3, tlio I'aptain oi' tin." *• Nayozdiiik " cT«is«'r, rccc'iitly dispatelicd to thn north of llnssia for tli»! protection of tlio Russian sea rtsiii'Hc'* aloiiu: the Mnrinan coast ami W'liitc Sea, has received the following instiMictions for liis guidance: — llo is to stop foreiijn vessels found in Ihissian territorial waters, to warn them iigainst |)iu'suinu' tlieir cali-iiir in such wnti'is, and to obtain t'mni their Comiuandcrs a iiritten und'-rtakini,' to flir cIl'iM't that they \\\\\ not capture lish or other marine animals in Uiissiau waters. ill" may seardi all vessels, cxe(|ilinir iiieM-i)l-\var, of a suspicious character, iu (ifdcr to convince himself that a vessel has not iioat-hed in liussian waters. Should it princ that hiich iioa'.-hiuy; has takou place, or tiial the vessel has hecu ovcrta!;en in the net, the (bruiser is to arrest such vessel, and tu send her in projicr char|^e to the police ollicer at Kola for lethal proseeution helore the Mnrman Mai^isterial Tril)unal. Su>ipicious vessels may he slopped in lerritorial waters, and only in two CJiscs Itpynnd the limits of the san:;\ viz. : — 1. When the pm^uit shall ha\i' coumeneed within 'he territorial limit, and the vosi-1, payini? no attention to siijniiK i>:- -\\n\<. shall liavi- CM-aped he'.ond such limit, 2. When a foreiirn ti^hing-vcssel, k;'epin!^ Iieyond the territ()rial waters, shall send IkiiiIs out to captun- lish, Ae., in tlieni. in hoth cases the <"ipfain of the cruiser shall proceed as it' he were in territorial \. Iters, and, in ca^e of noj-essity, pnr.iui> the <>oa<'liin!,' vessel to the outside limits of the li'iritoriul uatei^ of .mother country. Deliiled instrnctiuns an- '^ivn as In the pridiminary arrest and release of a vessel lrni|iorarily detained; how the cn-w of arresti'ii ves.s(>|s an* to he distrihutod, vie- timlled, kv. The Comu'andini; Ollicer of iht' cruiser in Ixtund to keep a journal, in which each CISC of siop|tai?e (.f a \fsse! for imiiiiry, search, or arrest is to ho entered. 111 : i'4 mm No. {}. Mr. Hoiiiiitl to the Earl of linsrhrrij. (Uiceived Jutij 10.) My hinl, SI. Petemhurtih, July 5, 1H93. I il.VVR the honour to ivjiort that on the receipt of your honlship's teleuram "f ye^tcrday's date 1 went to the .NJinistry for Koreii^n Alfairs in the hope of seeing 'mint K^pmst, and askiu!,' him to furnish nie with a copy of the chart used hy th«! lm|MTial S|M'<'ial Commission in I lie preparation of their [le|)ort on the cases of the Uritish 'calers si-jzed l;ist year hy the I'ussiiin cniiseis;, as all the (jiiestions i-ehitiiipf Ut 'iieiM' cases have heeii ilealt with hy hi«' I'xcellet.ey s Dep.irtinent ; hut f found that he liiid '.roni' to (icrninny, so I spoke to .M. (!hicl:kine on the suhjei't of my request, who liiri:<' control o( all matti rs rclatinls were seized, as mentioiuHl in tlie ll44)ort of the Imperial S|MM;iiil 'ominissioii inclosed in your Kxivllcncy's note to me of the 29tli May (10th .luno) liist, (lifTer greatly fn»m those given in any charts jMissessed hy ller Majesty's Uuvcmiuent, ;^l^ '•'k I'ii(l<"r llit'M' (•inMim>>l!iiii'c".. ilii> l-,;ii'l n',' |{tis('ii(»rv cxiivcssi's llic lii>|ii' (Inl ii iii;n 1)c I'lMind |i)issili|r to I'liriiisli Imn with .1 •' clitiif iiscil I'v tlii> ltii)i)'i'Jiil ('inn'. niissiotiiTs in tin* )irf|)!iiatJlnllli^s|(,|l is iiiorr o<>iii|i)i'li' than ilinvi- in niir iKLSMssinii. a> l.nnl IJuscIh i^\ ^talrs ilia! il li.i i imi Ik'cii iiii.ssililc til |>la"(' iIk' Islainl III' Alia w liicli ix tiu-ntiuncil l)_\ llic liiijirrial I'din. inishiou in tlu' cast) ol" the ISritisli vi'ssi-l '• lioNJc nlmn," mil il tlicrciiin" Ma-iiis all ||||. luiifi' noiH'ssnrv tliat llcr Maj I'Dalilt* thrni to |)ni|i(>i'l) iindri'stand all llir details I'tmlaiiaid in lii<< Itopoii III i|Ui-stioii. I avail, iVi'. (si-iu'd) m'Nnv iio\v\i{i) No. 1(1. Ml . llmninl to llic Km I nl' h'l'srhri 1/. - i /{n'rnrtl Juli/ [0.) My lii)rd, SI. I'llemliunih. .lull/ (\, |yi:i. \Vl Til ii'lrnMico to your lAinlship's tclcijraiii and div-palfli o! (Iif Isl iiiNtiiiil, .niii to vdiir tolciirani nl yi'slcvdaN's dale it-lalini; In llic Ncaliiiic .\iraiiucnn>iit uitli Umsnih, i linvc the liuiuiiir In iiu-losc licrcwitli cii|iicM ol the two notcN wliicli, in ulicdiciiir id the iiiMtnictiiins cdiitained in the aliiAc-iuiniiai cnniinunications. I lia\c ad.lrcssnl in tlie {{iissiaii t iovcniniciit <>u llic snlijrcl nl llic Order in I'niineil issued on llic l-th iiiHtaiit and the InslnictionN I'di' the i;iudaiici* nl llci .Majcly's cnii.sei's. I lia\e, ,ti'. (Siirticd) lll'.NKV IIOWAIII). Iiu'losnrc 1 in No. I(», »//■. Iliiiriiitl Id M Clin h hi II f. Inclostire 2 in No. 10. Mr. lluwitril III M. Cliiilikiiir. M. lo ('oilscill.T I'lUc. SI. S'i-IvikIiiiiijIi, .lunr -'I (./«/// 11). I«0;». WITH rct'crcnce In iii\ iin|<' oi ilie 22iid .luiU' (4tli ■liil,\ I Inst. I lia\e the luiiiniii' In Iransiiiil licrcwitli In vniir l'.\eellciic\ a <'n|iy nl' llii- Hrdcr in l 'cinneil \»liicii \\.c JNitned iiii tiic 'J'Jnd dniii' ( Mil liilyi for irivini; clVeet to the .\ct of I'arlianienI rclaliiic to the Sealiiii; Arranirii'iciii (•■.ine to lictwccii oiir two iio\> rnnients. I h»vc the liononr likcwme fn im-liMc a co|i\ nl the iiistriictinnti ior the ^nidaiur of llcr MajcMtv'>. crtiiscis in the ni'ii;hlK)iirlioiMl ol Ihc Kusiiiun hcal inluntlN, wliicli Iimm' l>M«n M'lit to the (oniinandei'-in-idiicr ol Her Majcslv's s|ii|ii« on tin; (.'hiiiH Staliun.aail u MUinuutry of wiiieh Iium Ihmmi t'oruarded Ui him l)> lclci;;r!ipli. I uvail, \a\ (Sigtiod) IlLNIU llnWAKD. I1()WAI!I». Sir. ' No. 11. f^rrli/n Offiiv In Afliiiirnlhf. Fnrriiin O/firi; Jiihi II, IHiKI, I AM dircilcd h\ tlii' l/irl nl' Ito^i Ihtv *'> InniHrnit hcrcuitli fwclvi- copies »»{' "Thi'Nt'nl FiHlu-rifx (Nuitli I'mcjI'iim nnlcr in CoiiiM-il, !''.».'{"• itirl ol llic iiiHirnclinnM (n III' i^itii'd It.v tin- l,«)i'ils ('oniiiiiNMidiiiMs ul' llic AdiiiirHJIy Uir tiif i^iiidiiiu-c of lln Majfslv's iiavjil nHicors. ( Hill, &A'. (Hiiffird) T. II. BANDIiUMON. Incli)Hiin< in No. 11. "SKAI, i'lNIIKUV (Ndinil l'A(IKK) At-f, IHU'6." l|(»\VAttl». /ttlmirtilhi InstriirltDHK. IN .•irc((rd:ini'i' willi ;iii !U'niii);ciiiiMil rinirlndfl lii(«icii •Irciil Itiit.iin .nid lln-siji (III ill"' "UMJi .M'lv, l^'.i.t. :iiid ill ••iiMfdi'iiiilx will' llii' |in\\i'i'. vislrd in llfr Mnji'".! \ V (I'liMMiiiniMil liy ■• 'I'lir Si'.ij ri-,||iiy (Nuitli riicilici \il, l- ^iili vi-hMdn ol' tliii IIukhIjiii impi'iiu! n.'ivy (ir (iiiM'i'nnirnI in prevent in<.' pemons lii'liini^inv: l<> l(i'ili-

  • IJKcly to lie ;il1'i'c(i'd sli'iiild lie wJiriied tliiil lliey will lie liiilili- tl I'le <'ireiimsl;inees iindi'r wliieh iiiii llie ^rroiiiids on whieh lie stop|ied .itid exnniiiied the ship. II ev idcne*- contained III the Klalcincnl he taken on oath in the presence ol' the person rii;ti':;ed in the evidence, ae.d the person so ehur'jeij h;is ;in oppditniiity of eross-e\aiiiiiiiir_,' the pcrsnn iriiini; the evidence, and ot makim,' his reply to the evidiMict', the (,'ommander should iiTtily thai the i!\ idcru'.e was so taken, and lh:il Ihej-e w.-is such ojiporlnnity of cross. vxainiiiitii; ;iiid of iiiakiii'.,' a repl\. .'i. ir the ( 'omiiianilcr oT ;i Itiilish criiisi'r decides to sci/c the .ship, he i> to take her Tor adjudication to one ol the spccilicd ports, that is to h.a \ , either ^'okohllm'l or Sliaiii^diae, or a Itritish eoloiiial port at which (here is a coiiipelent Court. In orilin.ny r.'isco. the Miosi convenient port \till he Yokohama. *i. Iiihlead ol sei/ini; tiic ship, the ('oniin.indi-r of Die Itritisli cruiser ;..;iy, iT he iliiiiks lit, eilher rei nn ihc cerlilicali' and '..;i\e .a provisional certilieale in lieu thercid', >.r reliirii the eeriiln'ale with.'in indorsenienl ol' thi' u'"'""ii'ls on which it \\;is sei/.e(|, and III eilher easit may diii'ct the ship hy an addition to the provisi m.il eerlillcate, or to the indorsement, to proceed forth with to one of tlie speciliei! port i to he naineil ill iIk rtiticatcor inihaNemcnt. I'orms of prov'sioiial ccriilieute ami of iiidorsi'iiieni arc sent herew iih. 7. W here ihc ( 'ominanderof a Itritish cruiser sui/.es or indnrses a ship's certilieale, he should on the lirst opportunity send the ci'itilicali! oi py of the indorsciiieni, and .iKo the alioNc-iiienlioned st.iiciiient and the wifiicsses, to the spccilicd p'at, addressini; tlie docnineiits to the pio|Kr otiieer there. The proper ojlicer will tie the Itriiish Consnl if the Npis-iticd port is Yoknliainu or Slian^hae, and the (olluetftr of Cost mis it it is a eoiunial port. .•s. The (.'otniiiunilcr of h llussinii cruiser .Milhorized hy (he Order in rmincil * lot iiwure III Nil. t. to Hton niul I'xaiiiiiic n llritiNli sliin will Ih> iitstriicli'il at llii> lli-Ht opportiiiiity (wIhti. fi>miilm>) to Imiid ovor the slii|) niid tliMMimoulH, or tlio (IiN'uiiuMitN, as tin* rase ni;i\ Ih, to n British rruisor or otIuM- Hritisli authority. "J. When' tln> Coninmnilor of a Itritixh cruiwr roi'i-.vcs such ship anil ilii:'uiiiii,t> or such (locuiuciits, rriini a Kussiau cruiser, he is to pro<>(>iu a Bussiau cruiser, :ill (In. ei|uipniciit for scalii)'): i^ to Ih< removed ('n)Mi the ship, ami taken or sent to the |iiii|H'r olUcer at the port to which the ship in taken or sent lor adjudicatioa. 11. In any _\ din-cled to procrl)y ilinvtcd to jimrt'cd I'nrlliuitli (o \\\v port of for nd) ('ommiiiulinif Offirrr, I [.M.S. No. 12. Colonial OJfir.e to Forriijn OJ/icf. — {Kfctined July \'L) Sir. Ihirninij Slrnd, July II, 1 HSKJ. Wrril rofon>nn( to prcviouH (!orn'spondrin!c rcHprcliii|^ llic ,\i,'nil)itioii of scaliiii; wiliiiri Niirlli I'acilic Ocean, I am dii'frl(;d \\\ I lie M.'ii-(|U('ssor Itipon In Ininsniil to von. lor tlic iiildriualion of Ijic Vt\r\ of Itowhen, a copy of a di'sptihdi from Hie f an ap|)rovcd Minnie of the J'rivy Council 1 iiilpiKiviiiK the ohwrvations of the Actinif Minister of .Vfarine and J'isli(!rics upon tlio iiiiitler. \ fiur Ijordshiji will ohsorve that the Minister >;ivrs particulars of the; sfeps taken tn warn sealers, and draws attention to the rcfpiest of owrwrH of sea I int;- vessels that Ihr Majesty's (iovnrnnnmt would send a cruiser lo pn-vent the unnecessary annoyance i:f ilritish ships ia the carrying' out of the Agreement. 1 have, tte. (Si^pnedl DERBY. 'M Inclosnrc 'J in No. 1:.'. arrival tlii'rr RffHTt of a ('ommittee of Ihr Ilonournhh th" Privi/ Counrll, o/iproied Inj the (iovrrnor- (imrrid in ('(niuril on thf 'Iml .hmr, IM(.'{. Till'' Conmuttee of the I'rivy (!oun<'il have had under (•lynsidn ition a tclei^ram, liiM it o attached, dated the llth .May, IHitll, from the M,'ir<|uess of 'Upon, .-innounirin^ lint :in .\rrani;ement has hecn eonsumnialed iietwei-n Her .Majenty's (Jovernnient and lii.it of Hussia all'eclin!^ tiie seal (iHherie>. iidjacent to the territory of the latter «;ouritry iliiiinu the \ear IHJCJ. TIk! Acting Minister of Marine and I'isheries. to whom the despatch was referred, oh-irves that hy this .VrraiiKcment il lias hi-cn agreed that, on condition of a limitation •if the take of seals on the Kussian seal islands, \ i/„, (!ommander Islands and Ilohhon M.niids or Kecf, t signed in the course of a few days, but, in the meantime, he desired that warnini; should issue to sealers to obsonx* the prohibition. The MiniNt<7r desires tf) state that on rtjccipt of the Colonial Office despatch of the \\m\\ C Tu IM t-' « ti- ■'i *;/^ 10 3ni Marcli, uuiiouneing RiiHsifl's ])r()])oM)l nf Uie Armngrntoiit jiifit confirmed, the CoUoi'tor of Customs nt Vieloriu wns iiiforni(««l of the tenns ilipreol. and dime ted to warn thn scalers of their liability if approacliiug Knssinn t(l the lollowini; telegram t<> he sent, to the ('ojlt^ctor of ('iist(»iiis at \ ietoria : •' IJtieniiif,' to niv t»'Ie<»mm of 1 0th March and .Mr. I'hannelecV of I7th, 1 hiivc now to ailvibc that English and Uusiiiun (Juvuiiunents have apeed to prohihit scMlin^>. vessels IVoiM (ishinir within 10 miles of Ihissiaii coasts, and within ."iO miles of Itohbcn Island and Comni.-inder Islands, diu'ing the present year. •'Warn sealers to observe this ])rohibition, commuuieatin^,' with those who liavi' already sailed whenever po.ssible. (Jive copy of tJiis to Officer Commandini; Ihr Majesty's -hips at Ksiinimalt." 'I..e 'xinister submit.s ,hc Ileport of the C(dlector, together with a eonununieatidn addressed to him by the Senior Naval Ofllccr commanding Her Majesty's ships ;it Esquimau ; als(» copies of letters sent by him to Her Majesty's Consuls at Yokolunna and Hakodate. The Af inister observes from these communications that the terms f>f the ."Vnitnu'o- inent arrived .tl retjardini,' sealinij in the vicinity of Hnssian water" were eonnnimi. cated to the Senior NjimiI Ofllccr at Kstininuilt, as well as to Her Urilannie .M!iiesi\'s ('onsnls at V'okohania and Hakodate, .lapan, when- the si>alinu:-seliooners are ••xpi'dcd to retnrn in .Inne to deliver ilicir ttateli, obtained in Jaiiancse waters, and to pr< cure supplies bcl'orc llirir (le|iarlure to tiie llns^ian side of Kehrini; Sea. It will alsn Im' observed thai eopit's of' the Notification were likewise .sent to the nuiKterof each Urilisli senlinir-vessci bi-loiiijiie,' to N'icioria now in .lapancrsc waters, of which there are t\\eiil\. four. The Minister desires to invite attention to the statement in the letter of the Collector of Customs, to the elTeet that Captjiin .1. tJ. Cox. a person largely intei-ostid in sealing-vessels, who had just returned from Japan, and who was there when llic Notification of March last, of the proposal now confirmed, advised the masters of the senling-scliooniMs to keep correct !o'>books and irekonings, and have tiu>ir daily position niark<'d on the charts, in order to guard again.st accident of being within the zone uninti'ntionallv throuLrh the action of !' the llrsslan islainls durim; the sealing sea.son. The -Minister dcsin's also to direct attention to the closing portion of fh.e Coljcc. tor's letters, in whieli he intimated that the owners of sealiiig-ve.ssels had expresscij the hope that Her Majesty's (iovernment would send a cruiser to the scene of tli.'ir openitioris to see that Ihilish vessels were not innu'cessarily harassed, and to see just ice done them if they could establish liic laet that tlii-y were vvitliiu the /.one by unaMiid- able cireiimstimees. The Conunitlec advise thai yiiur lAculleney be moved to lorw.ard .-i eertilicd eci|i\ of this Minnie, toL'elher with its .\p|i('iidiees. to the .Most liononralili' ihe l'rini'i|iMl Secretniy of Si;ilc for the Colonies, for the information of ller Majesty's (iovcn- ment. .All which is respect full V submitted for vour K.xcellencv's .•ippro\al. (Signed) .IOH'N .1 McCJKI-; Cli'rk of I he I'riri/ Cuuniil, Inclosurc 3 in No. 12. The ihirijuesii of Ripon to the Em I of Derby. (Telegmphie.) Dointiinj Street, Mnij 11, 1ft!):t. IIUSSIA.N (iovernment have stated that it is necessary to prohibit sealing-vesseis fi-om fishing within 10 miles of their coa.sts and within 30 miles of Kobben Islaml iiiul the Commander Islands Utv protection of their seal rookeries. On eondition of limitation of take of seals on islands to 30,000 dtn-ing presiiil year, Her .Majesty's (Iovernment have expressed their willingness to agiW to tlnsi' measjiies. In the conrKo of a few days wt? hope .\greement will be signed. Meaiiwl ih', ssue warning to sealers to observe this proliihiliou, eominuniciitiny; with those wliicli huve ulreail.\ sailed wherever poj^iible. i 11 '' 'I'p'f??? TnolosuiT 4 in \<». 1 2. Mr. MUnc lo Mr, Pni mi'tic. Sir, CukIoids, ('iiiKiilii, I'iclnviii, li.C, Mai/ lb, IhOH. I UAVE till! Iioiiour to stato tliiit, ill conipliaiurc willi \oiir lclfi;raiii. ilali'd the 13th instiuit, and tlic Deputy Minister ol' .Mrriiic and Fi^linics i>f tin' sanw dfttc, copies of tlie same \v«r« prouijitly sent ti» Cajjtain If. llui,'iies [lallett, Seniur Naval Olfieor comnwindin;^ Her .Majesty's ships at Ksmiinialt, Hritish ('i)lnnil)ia, and I'di- yonr information I iiielosc you his reply, also copies of lef.leis sent to Her itritainuie Majesty's Consuls at the port of Vokohania and Hakodate, Japan, where the scaiinj;-s('hooners will retin-n in June to deliver their eateh olitained in Japanese ffiiters, and to obtjiin supplies hei'ore their departure to the Hu.ssian side of liehrini; Sea. As snsygosted hy Captain irallett, that as the proserihed distriet is Iwyond the limits of the Paeitle Xaval Sfilion, a similar Notilieation has been sent to tlu' Senior Naval OHieer at Vokolmniu. ^Se|)aral!• copies were likewise sent in separate envelopes lo the niaslei' of each Urili^h sealiuij-vessel in Japanese waters, IwcMty-four lieion^inu; to this purt heinu now then Captain .1. (i. (.'ox, a person largely interc-liil in seidinij-vessi^ls, has just returned from Japoi, and heini,' there when the terms • l vour Notiliealinn on liie 17lli .March last, whieh ri'aelied Japan lirst t'n)ni this porl, ninny of ihe selKiiuiers lieiiiu: then in Yok'ilnoia. lie advised all the masters to keep LT'i'd lni^-lionks and ruekonin<,rs, and hrtvi' their daily positims marked on their elnrts, in ease tliey w(!re hy aeeident within tlic limiti'(l /(lue, to show lint tlioy were then- uiiiiitentie.nally, whieh inii;ht he the ease, as it has been found that euiTents set northwards on the Itussian side, driftiufj the vessels towanis the. Commander Islands, and this, with the dense foijs which prevail tlii'ie (lurin;; the sealimr season, sealers mi!,'ht aeeidentally he within the 30 miles without knowini; the fact. Several of the owners here have expressed the hope that the British Uovcrnment would send a cruiser to see that the vessels were not nnneccssjirily lianvssed, and to si-e justice done them if thoy couhl esta?ili-li the fad that they were within the zone by iiiiiivoidahle eir(*umstances. Kvery endeavour will be made In eonuuiinieate with the scaling lltHjt that arc now working northwanls on this coast, and I feel satislled thai all will be notitied before any dc|uirt for the llussian side. r have. &(r. (Signed) .\. II. .M lUNE, tW/rc/or. "■ fV- Inclosure ."> ill No. VJ. Cnptain HitlleU lo Mi. Mitm: Sir, '• Oitrnrl," at Ei>quiiiiiilt, May l."», 1893. I RRO to acknowledge the roceipt of your communication of the ^3th May, together with copies of telegram, relative to Agreement between the British ftfld Russian Oovernmcnts, which I shall make known to all Her Majesty's ships. I should feel obliged if you e )uld furnish \\w with the names of those smiing- vessels that have btien alrcjuly warned, and also from lime to lime of those who may bo warned hereafter. f would susjgest that as the proscribed district is In'yond the limits of the Pacific Nnval Station, a similar Notification Im- sent to the Hcminr Naval <')fllcor, Yokohama, Japjin. I have, i^c. (Signed) U. 11. UALLETf. |360| C t i:li m 12 Inclnsuro 6 in No. 12. Mr. Milne to Consul Hull. Sir, CiiKtomn, Cmiadn, 1'ictoria, B.C., Mnu I'l, lS!i:i, I ilAVH tlio honour to tnuisniif licrcwitli ciivfloses contnining coiiics of trlfui-atn ircoivfrl from tin; Deputy .Minister of Marine and Fisliorics and l)c|iutv Minister of Trade and Coninieree for tlie Doiuiuion, wliieli I will thank jnu to W caused to he delivorod to tlio several splioon( rs named, which all helong to this fort. I hei; to iticlosc you several other eojiies. for j-our information and for distrihution should other schooners call at your [lort, wiioiii the owners inform jnc arc expected to do durini; next month. I would thank you to jjivc every puhlieity to the terms of the Agreement eiitmd into for this year between the two (Jovernmcnts. i have, &c. (Signed) A. II. :MIT.NE, Collclnr. luclosurc 7 in No. 12. Mr. Milne to Consul Troup. Sir, Cuxluiiix, Canadii, Victoria, li.C, May l.'i, l*s93. I IIAVK the honour to tnmsmit herewilli a numher of copies of a tele!,'raiii received from the J)eputy Minister of ifarine and fisheries and Deputy iliiiister i.l Trade and Commeree, advising me of the Agrt.'oment entered into b««tHee!i Hn Britannic Majesty's Oovernment and Kussia, proliihiting sealiug-ves.si'ls fi-oin (Isliiim within 10 miles of nus>ian coast and within 30 mih's of llohben Island and Com- mander Islands (hiring the present year. I heg to ask tiiat you will irive puhlieity to the terms conveyed in tin' telegram, and I will thank you to li;tnsuier rellicaeilc dc la justice penule ; uiais clh; cesse aussitot (jiie la pnursiiite vient a etre suspcndue." Mr. W. E. Hall, in his " Inleinational linw," after statim; that the pursuit must he commenced " while the vessel is still within territorial waters, or has only just escaped from them," adds that "the restriction of the permission within the bounds stated may be readily explained by tin; abuses which would spring from a right to waylay and bring in ships at a subsetpient time, when the identity of the vessel or of the persons on board might be doubtful." The principle asserted by M. Chichkinc as ai)plied in the cases of the "C. II. Tiippcr,' the " AValtcr P. Hall," and other vessels is put forward to justify the search of vessels on the high s<'as on the mere suspicion that their boats may at some time pi-cviously have committed an olVencc within territorial watei*s. iSuch a proceeding appears to Lord Ripon to be totally inadmissible, and to be contrary to the established Rules of international law. The Russian (Jovernmcnt may be expected in support of their present Argument to appeal to the case of the " Aniunah," captured near Copper [sland in IssH, whicli was not pressed by the Rritish tiovornment, though there was room for doubt whether the vessel was actually within the territorial waters of Russia when pursuit com- menced; but there was at all events no doubt as to the commission of an oU'eiici', by ihc boats, as to the conncctitm between the oil'ending boats and the vessel, or as lo the identity of the vessel. As regards tlu- seizures now in (piestion, there is much nnei'rtainty as to the facts, and it must be observed that the cvi(h;nce upon which the Commissioners rely, and which in every «'asc they take as conclusive, is simply the *,r partv and apparently unsworn statement of the captors of the vtsssids, whose own conduct is be'rig investi- gated, that that evidence has not been furnished to 11 cr Majesty's (iovernment, and was given in the ab.scneeof all pei-sons in any way connected with the vessel seized, and apparently without any cros.s.examination whatever, but with full knowledge of the evidence submitted by Her Majesty's Oovernmeut ; so that it is not testimony lo uliieh primd facie much weight couM be attached. Moreover, not only does ihe account given of the various seizures differ widely from that contiuued in the > ' ■ . I. " 1 '. ' i ■ u M I ? g^ .* k'ljiii 14 !illlil;ivi(N '.iiliiuiHi'il li\ llcr Mdjc^ly's (iovcriunnit, liiil is iuci>ii,sisti'ul, willi hm'Ii ami uitli till' I'll licr iiljifitil !ic('iiiiiit<« ;;iviMi l)\ tlio itiisMiiiti (invt'i'iiinrnt In tliix^c (■ircniiistanrt-s, l.orti t'i|)i)ii ttiiiik> that tin* cluiins t'or ciiiniinivitiitn h|iiiiiI(I III' iii;ain iiirsscil u|Miti tin- IliisNiait (invrniiui'iit, liiil lie wmilii H(ii;t(i'kt thai, lii'forc tiding so, tln' |in|H'rM slioiiid lie rcforrvd to Mr. Tiipix'r, tlif Ciuiailiaii .Minisii'r of Marino nntl ls, for uii cviin'ssinn of Ii'ih y'ww* a« to tlw course wliicli >liiiii|i| • >(• foilowiMl. I an, 8ic. (Sii;m.il) .lOirX iniAMSToN No. 1 1. Mr, df Bun»*n <« ihr Earl q/' liotebrry, — (lifceiveil July 'JtJ.) Mj Lonl, Tilkiii, Jitnf }0, ]sm. I HAVE the honour to rt'port tlint M. Ilitrovt*, Itiissiaii MiniNtcr at this Coiui, read to uir ycstenlav a ll>l*•^mnl from SI. I'l'tcrslnir'^h, iiilorniiii^ him of tlir \i;rr(.. mt'ht with l''n);iaml I'Ntahlinhiii;; pnitrcliv*' /.uni's olY the C'umiiianih'r Islamis aiui Koltlii'ii Isjaml, ami olT thr Kiissian coasts in Ihc Iti'hrim; Si'a ami othor part.s ol ilir Noi'ili I'acitic, ami iliroctint; him to make this arrall^('ln(■lll known to tin- C'omni'inilrr'. of Hus.sian v«'ss«'l.s of war in tin-si' waters. Ill* was liki'wiso to instruct them to hami over, if |ii)ssihli', any Uritish si'.ihni;- Vi'Nsd c:t|iturcil within the ahovc limit!) to an ollici-r rornnianilin^ a Kritish \cssel of Mar, or, if no lUitisli vcsm-I of war »honlil Ik- within reach, to lake poHsession nf tln' |>H|M>r!« of the s<>aiint;-\c»Mi'l, and to forward Ihein to the Kussian ('unsnlalc al \okohania for tr.insmission. thrnu'.;h the Uu.ssiau Ix'i^atiuu, to licr .Majettty's Li'<;aliiiii at 'I'l'ikii'i. AL. iUtrovu was to expect full details hy |u>st. I have. &c. (Si^'ned) M. DE miNSKN. No. 1.'.. Mr, Howard to thr Earl of Jiwtehfnj, — {llenined July 29.) My liOi-d. ^'^ PetirsUunjh, July 20, 189.1. \VI Til rcfcrenci' to n>y des|iatcli of tlio 5tii iuMtaut, I have the honour lu tnnikmil herewitL A eupy of u note which I have received from the llusitian Uoveni- meut. inclosing; a copy of the cliait used hy the ImiMu-inl Sp«>eiul C'ouuuiiwiou in thr preparatitm of their l(e|H>rt on the ensi-H of the Krititth Ncalers Hcixed Uwt year hy lln' l!nssi;ui cruisers, and in which M. ('Iiiehkim> oxplaiuM that the ditliculty exporienceii hy your Lirdship in placing the spot \» here the " JlosicOlseii " waH scizeiLos mentioni'il in till' :il)ii\e-nanu'd Uenort, arose from a clcri«'ul error in the 8unie a.s to tbo loogituiii' iind latituii«! of the s|)ot in queHtion. The l{u!«Nian rliarl is bn.sed on the nu'ridiau of Giveiiwich, hul likewise iiidieutis those of St. I'etershurijh and I'aris, 1 huve tliauked M. Ci;icUkiuu for liia courtesy in this matter. I have, kv. (Signe.1) HENRY UOWAllD. IiicloHuro in No. 10. M. Chichkine to Mr. Iloward. MinUtere dex Affairi's Etrnngrres, D^partemenl Aitialique, Si. Ic Charged 'A ffairos, le Vl (25) Juilht, 1893. I'AIl suite dc In note que vous avcz bien voulu ra'adrcsser on date du 23 .ruin (5 Juillcl) ilernier, je me fais un devoir de vous tranamettre ci-pr^s uu exeniplain^ dc la earttt dont s'est servio la Commission d'Exameu dn I'atl'airo de la saiiiie du navircs Anglais se livraut a la peche au.v otaries dans la Mcr do liebrin;;. i u m i\ will) llM-ll .Ic m't>ui|)i'uHMi ill' voiis iiifuriui'i- a crtli' ixTanioii i|uo Trrrour i|iii- IjdiiI l(oM>l)tTy ^ n-li'^i'*' <|«'>>>t >* l lifu di; uuhh* ilii iiuvin- rii iiii Nil. '.' (iiii itvait ac('i*iii|)a;j;u(''i> iiiu iioti* ilu 2S) Mai, aiiiii>i> ipwumuw , u •>•• -« iitmuiiti nunl »ur IHK 27' KiiiKiludo est, tuiiilis i|uu cettc puHitiim liuit i'*lr' ildliiiu aiimi : :)3' 26' latitude iiord Hur iU.')" 27' loiitjitudu f»t. Vimilli'z, Sir. (8iguu) (JUICilKINK. No. l(i. The Eiirl of liimrb'r^ tn Mr. Tupfirr. Sir, horrlijn OJfirr, Aiigunt 4, IHO.'l. I TinSS^flT fM.py of a li'ltcr from Ilu- roloiiial omcr, i-otuniDiifiiig on llic rciily i>f till' Itiissian (invcrnmi'iit ri'lalivi- to tin' sralini'-vi'ssi'N cnpinrrd last year by Kiissiaii rriiiMi'iN in I lie Norlli I'ai'ilii'. It will III' seen tliat Lord iiipon ron.siili'rs that n-ply to lie iMisatisfactory in Noini< n's)ii-('N. Mis l.orilship sm!;i;i-s|h that tlii' clniniH for i-iini|M>nsation of thr ownci'K of till' several vi'siU'ls should Im' iii^.iin pressed upon t! No. 17. Mr. Howard In tht Kail of liosfhery. — {Urceivfd Auijiiul 7.) My |,ord, >>•. relrrMlnin/h. .luly 'M, \H\Y,\. ! II.WI', the honour to Ininsinil hereivilh a Iranslalinu of a now Law puidiHhiMl ill tlie " Ihilletiii lies Luis" on the l(ilh(-Mli) in^t:int. lor the proteetion ol'tlie fur-seal lUliiiii; industry. lt_\ ils provisions pelaM;ie seaiiiiu' is formally prohihiled, tind tie- eaptiiri,', sliui^hter, ;iMil imrsuil of fur-se;ils mi land is only aiilhori/.ed with the permission of the Statu under speeial eondilioi'.s. riie piualtii's for oU'enci's airidnst this Liw are imprisonment of from two to sixteen months, and tin nlisealion of instruments of eaptnre, the eafeh, as also ilie vi'dsel Herviii'p' for the piiisuil of the ind.isiry, with all llieir appnrtenanees and (•iiri»o. The District Court of Vladivostoek is to have jiiri^dietion in all eriniinal and civil casi^ nrisini; in the Commander and Tuh'new Islands, as also in all diaries of illegal seal lishinu; on the jiii^ii seas. T have, Sic. (Si-nod) IIKNRY UOWAllD. \'^ Incloburu I in No. 17. Extract from the " Uulltlin dm Loin " of .luly l(» (25»), 18J>3. (TmnHlnlion.) Ills imperial MajiHty was pleased to rnniirm and mder to he carried into rxeon- lidii the following opinion of the Coiineii of the Ijnpire ncordeii in the Minutes of itM preecediiiLCs on the I'.ltli Aprllilsl May'.'iiid l^lii (ISOtli' .May n--peeliiiu: the protection if till' fnr-seul industry: — I. In niodilication and aniplitlration of existinir laws, it sliali lie ordnininl : Tlio |»'iu;;ic purHuit of fur-lwaring souls is entirely f'lriiiddeu; the Hlnughter, captuns and ■i : . ' I J 19 >H>ncri»!l\ (111' |)iirtiiil iif rur-tiviN r t)ii< (ii'MM'nniiMit, .'inti In a luiiniii'r |iri'sil li\ it. II. Si'i'timi l\ of i'li!i|ili>r J, hmIi <.'ti(>n h. of (In' ('imIc ii( CriniiiiMl inul Ctincilivi. riiniMliniiMi(s, cdidDh tM^."i hIhiII Ix' .'ini|ililit'il li_\ iln' rliitrii' |tiir>ini( of I'nrs-i'tilH, as alsn nl' (In-ir iiiliilidrv |tiii-sni( inland, sjiail Ih< lialilr (o ini|iriN(iiri', (In' c.id'li. ami (he \i"«<<('l si |nirsiii( nf tll<< indnsd't, \\i(h all (ln>n' a|t|nM(i'nani'rs and faru'*- "^liall In' I'lniliHi'ad'd III I'arau'rapli l(Kl uC (Iii< lli";nla(ii>tis ('ur tlir \dinini'<(ra(iiin nl' iln< < indi\ rrladn'r (n Nilii'itan hndHnlmiis, \itl, li, \':w{ II III' (lir Ciiili' III' l,a\«s, < 'ondnnadiin I'^vi) sliall lir 'iin|ililli'il li\ ihi. fnlliiHini; idiMTvalimt : "Til (In' jnrisilii'ditn nl (In- CirrnH Cnnrl of \ lailivimloi'k shall also Iii'Imii'^ hH criminal and i-i\ il rasrs arisini; in llir ('ntiimandrrand Tnlrni'U' Islands, as alNiicasrs ni n«'«'Usa(ii>M 111 |»i'la>;ir fnr-Ncal raddnnv' " St. I'rlrr»biinjh, .(m./m.v/ 11, \XW\. . « •♦.i^iii f#^ i liioloHiin' 'J ill No, 17. KrOwl from Ihf '• .loiiriinl ilr Sniiil-Pr'Irriihoiini" i>f Jiihi IS (.'U»), IH'.KK l!N M'ldi linn \vis dn Cmsi'il di- ri',m|iiii' a|i|n'iinvi' par Sa Maji'Mli' ri''.ni|ii'n'iir li> r .Inm. li'H dis|iiisi(iiins Minand's miiiI prisrs, i>n mis do i-i'lli-s i|iii i<\iNda(a'ri', i'( rii Ti'inaal I'lndnsdii' di' la pi-i'lii' I'li ipn'slimi snr d'rri' ii'i'inr n'rvl aiidirisi'f ipi'a^i'r la permission dc I'l-ilat r( i\ drs I'midHiiins spiim'n( indiipiri'M I, 's piTsoniii's Hill SI- livi'i'ionl a la pi rln* dr rulatii' nil a la prisr dr i'ri anipliilni' snr d'lTi' liTiiir sails > a aiilnnsiM's, snnl passililcM d'liii I'lnprisiinni'iiii'iil dr drii\ fl soi/i' iiiiiis. I^' Trilmiial irAri-niidissi'ini'iil di> \ ladivimlorK aura A jii-^rr li's niVairi's i'riiniiii!l(s «'( rixili's (|iii SI' prndiiiriMil aiiv llrs dii ( 'nmmandi'iii' •■( aiix llrsili's riimpirs, aniM ipii' (iMid's I'i'lli's ijiii< siiiili'ii( li's ari'iisaliiiiis dr sr lixri'r illirid arknouli'dt;!' (hi' ri'ii'ipl oi" your lioriUliip's di'spalrli of (In- Kli iiis(aii(. (raiisnii((iiii; i-npy ol" a Icld-r I'rniii (lii« ('olniiiaM HIii'i', rrlalur (i) till' rapdii'i' las( yi-ar r.l citI liii Ihitish si'aliiin-vi'Hsi'ls liy Uiissi.m iTiiisciN in llir Norlli l';iiM(ir III ri'spniisf (ii ymir l.ordsliip's ri'iptcsj fur an I'xprrssimi of iii\ virus mn In IIh' I'oiii-so which should III' rollowcd in (liis ma(d'r, I have I he lioiioiii' In sl.ili' is foMows. \n cvaiiiiiiat ion ol' the Ueport of the Kiissiaii ('onimission iipi r«,irdi'ii to Her Majesty s (lovi'nunont niid the Ntateiiicnt of fact** set, oiil in thc'Ucj'ort. There are many ciiviimstaiices detailoil in that Hojiorl which n»nd«r the aecdiini '.liven by it iiiilrns(\M'rlh,\ and iiiis;itisl';ietory. .Many nl" the impnrttiiii principles oC iiitcniatioiial law involveil are siilislaetnrily .statin! hy the Ihissiaii (iovi'inment in the rei-ent correspondeiH"*', liiit Iksiic is huh clearly joiiieil on the faet.s toiichiiii; all (he seized vc'».si'ls exci'pt the " Mc(iownii " ami the "Ariel." The tacts in dispii(e cannot, in my ojiinimi, he settled liy an apiM>nl, either to (lu' affidavits on one side or to the r.r pnrtr evidence on the other. Witli n'gaiil to the principle of international law wsertwl by tho ComniiHNion, 17 „„,ii.l\. Muif fill' m'i/nri' "f ii xldi. onl.iili- ihr :! milf limil fur nlTr « (•(■niiiiitliMl ,111.1 lilllllirl|iMl IllW li,V Itt ImiiiK \nllllll l>'iillniii|l Ulltrm, I lin ,' In nriill In \ iilli l.t Sir ( Imi'li's IIhhmII iH'tnic ||m< llilitiiii^ Si'ii \il>iliMliiin III I'iii'Ih Mil I vlilliin; Hull llitii> i^isN ii ';iimi.iI rinsinl liv iii'i|lliiii) o mi llii- |tiM'( of nil X I" III"' |ili'|>iii'ls III' siiili >.ii/iii Iir iiMililli'. hin r«iiiiiik>< \i\ '.mviii;; IIiiiI IIiii |,„i.,Mit iiiiixl III' Ii linl iiiH'. iIihI It "iiiti lie niiini'iliiiir, mihI Hull il tiiii.it Ini vvilliiii Hio llllIlN III' IIMIlll'I'llliltll Null. MiHi irl'i'ifiii !• Ill llif llnvniii^f \i'U, Mir ('. IIiiMsrll miiil il wii* (liiiiliH'iil HJii'llnr Hii'ir Iriic jiiHlillciiiinii iIim'm mil ir,| iiimhi iiii|ilii'i| iihhi'mI m rnnlitii^ In Hid illCllllltlMIH" '"> III' I'lH'll rUHf. I liiiM- Hit- li'iiiiiiir III sii!,"4rKi Hiiil ill" llimviMii (iiiM'riiiiinil sliniilii III' r)'i|iii>Nli{ llir cirriiiimlHiirrH of IIh' tfi/iiri' nf Hm« |iiI|ii«IML; mIiim IM till' "•llsril." ■• M.irif," " I '.'irlllnllti'," " Vlllli'iillVri- Mi'lll'," himI nf ijii' Ihiiih III iiif " \v r sii\ \«iiiii " J Til l,'iv<" |H'l'lill'>>-|iill lu ii|n|mtI mill I iIm !■ i|i|i s III llir lntrs iiihI rlmiN nl" H||| |. ri't;ii|iil,' M'ttMrU. :i. 'I'll liiiiiisli Hir i'i|iiiil. I. II Hii' ciMiisi', 111 Hh' " /iiiliiiikii. " ' \ ilm/,." mil K'lhli, " liiurllirr \\ llli rii|i|i s i>| llii' ft jllriici' '>l\i'li li_v llli' ('iiliniilllllli'i s iiT lliimi- H'*'<-rl'< lii'liM'i' III!' I i)lilllli<<'. liii M nliliiliii'il. I viiilllt'i' In sMl^'.n'Ml Hml II mii>|ii>h;iI slmiilil lir iii.iili' Im llir l'llll^l ll ill imi nl m .Iniiil ( 'iiiiiiiii>.sinii In liikf rvi>li'iM'i', li.ilji III I'lihiiilll ami III ItilH-iii, IniM'lllli^ Hie llirls m (l|,|i||ti-, sn Hiiil, in llir rvrnl ii| llii' linVOniilirilN mil U'ltlU' .iMr In :i';i lirii'l' r ilmiili-l'ltlinil nl llir i viijl'liri' mi liiki'll, IJii' rtiili'llcr ItlllV III' irliiii'l In ill lill i III inn, iiiiil llir viiliniis |ininls in ilill'i li'iK)' sn ..I'll llli. I liiivr, ,V,c. (.Sii^mil) ('IIAItl,l> II riUTi;!! ■H\ No. l'.». Ml. 'I'llll/iri III lllf I'lllll III /{ii'.rliri II I Itiiriirll ill'/llll \'J.) My l,i.nl. I'lirn. Ihi/k*/ II. |K(».'J I II, W I'! Hie liniiniii' In iirk nii\vli'il'/i' llir iiTi'i|il nl' V""r linfUliili't il("<[('ili-|i III till' Mil iiisliinl, liun^niiltini; I'liiHn'r ('(irn'MitMrulfiK'i' r<'H|MTliii'^ Hir Sfuluit' Ki'L^llllllintlH isslli'il li\ llir |tll-4iiliji'i'K, | ki'liliirr In sII'^I^I'nI HiiiI mi ililiiniilinii nl' snini' kiinl slim |i| In- rmivi'yil In llir itiissimi iiillini'ilirN wliirli «till iiirvrnl ils Itriiii; sii|i|insril Hi.'il final Itrilaiii liiiil in any w.'iv i>M'lilril III llir ll|l|llil'aliiill nl' llirsr laus iintMllr llir nri,iiiMI'y jlll'iMllirl inn nl' Itiissia. I liav(!, iVi!. CSj.^Mi.'il) CIIAIIMIS II. TI'IM'Klt. tll(« arciiiitil ■No. 20, ^^r. dr Hunnrii lu Ihr Kiirl oj liunrbrnj. i Ifn niifil Aminsl l.'i ) '1) Lird, 'liikiii, .lull/ IK, |HJ);{. I IIA^'ti till' limintir In ini'ni'iii \mir l.nnl<.lii|i tliat, nii rcr<'i|il of youi' • Il ufaiii "I Hir .'itli iiisl.iiil irlatiM' In tin- rccrril Vnrrrinml with iJussia I'nr ii mli'i-iivc /,iim> rminil tlir cDaHts and isl'iinis n| tlir Nnrlli i'.iritir. I :il mii'f irirnriii" i '•'I' Maji'sty's ('nnsiiis, in nriliT tli'it lliry iniL'lit warn ISrilish s|ii|).niaNliT4 Hiat an iiilrr ill Ciiiinril has lirm |iassi'(|, rcnilrriii'^' Hritish slii|is inl'iiiiLcin;,' fli<' \i{ri'fiiifii' alilr to M'i/iiri' liy Hiifisli as Wfll as ItiisNian vchsi-Is. I liavc, iVw. (Nitfncd; M. DK JMi.NSK.N. laotii 18 No. 31. horrii/n (iffirr !'• Coloiiiiil ()/ficr. Sir, h'oifiijii (i/fiir, Auij»sl |,'», ls',i:t UTI'H fclcn-iifc (<> flic WW 1,'iH |iriiMiiilKat('il \n (lie |{ii'-si:iii (idNi'minnil I, ■• IIh< |ii'i)t< clinti ol' tin* fiii-x'itlini^: hull -.liv, ! u.i i|iit';'tr lifi'ii riTi'JM'd tiuni Mr. 'I'iiiiIkt nu ||| Hlllljc*'!.* I :iiu iiImi to t'lii'u.'M'i!, I'nr llu' I'niiriirt'ciK I' llii- Miiri|tn>s ol' lli|i<>ii, ji ilr.ill ii|' ^i ilrN)ialcli illicit, in coiniiliaiHc wiili \!i'. '|'ii|i|)i'r\ Mitr'-;'''l' tin last |.aia!;:ra|ili iil' lii- r>.,| • of lilt' ItOtli Apiil (I'Jlli Miiy) lant,) |iiiiiitiii<; . rr\i> to tlit'i\i'M lull IVi'cildin to iilijt'cl to aii\ iritri'lrrcMti' willi ltnli>li siil|>'c|. ll^il||' ltiih>'iaii (I'l'iilorial \\:il<'i>, ari iirM I,. ■'Illli M'M.SrU 111 tlic li'iiii, nliii'li in nut haM'il oii an i-nju'om Ai;i'riMiuiil l>i'(u' III l''laii', I am ilircclnl l>y tin- .\|,'in|iitss ni |{i|Mni to slate llial liis l.iiri|s|ii|i I'ont'i.rH in iJn- terms nf tin' ilr.'il'l dcsji.'itrli vtlorli il !• |ir(ipoM«(| to addifss I'l lli'f Mriioly 's ( 'li;ii-u'i' il' VH'ain's at SI. I'l'ti i-lnir'^'li «itl ri'ton'!)''!' to till' ni'tv Russian L'l a li»' tin- inutcciion cil'thi' lur-Ki'iiiini; iiidiiMlry. I am, \t (SiKiuMi) KDWAIM) WIMil'll.ld). N. 7Vi«' fc'tti/ itf l*a»ehriy Id A/r. Iluiriml. ."^ir. luneiijn Ojfiif, Auijiist .'(11, |'-.;i;: 1 ll.\kl'; rccciu'd \oi,r di's|i;ilfli of tin' lllsl ullium, im-lovint,' ii Iranslalim of !i in'« l.'irt |iii>iiHili.;,i.t'(t liy Mu' Itussian (io\i'riimt'ni lor tin' I'loiiTtion ol Hi. fur Hi'i: lint; inda^'li\ . It IS cvidi'ut tliat litis l.,'i\\, iiitsidi' Ilir li'i-iiloi'ial jiiiisdic'tioh, can oiiiv :i|i|>l\ I' V.iiKhiisn '•ulij''<'ts and M'fsrU, uiili-<.s in \irliii' of an iiilcrnalion.'il .\<;iiM'mt'iii ii i I 'llit> ,'l|i|di.'!illli' III till' snIiji'CtH tl!ul Vl>^Nl■i•i of ollirl' Count fit's. In.'t'oniu'li as uo mw\\ .Vm't'i'uiint ■■xist.t, and asiht' Liu iu i|iirsliun is not in tiiMi' nmliiiiii |.i iJussian Miliiri'ts, | lnvc In rcinn'si \uii to dia\> tin' alttiitiiin ol tl;i im|ii'ri ti (ioVi rnmciit to tin' ('"nriudiu'^' paratri.'ioli ol yoiir iioti' to M. Cliirliltiiii' .i t'lic Il'iIi May last,* in uliii'li, .niin^ on inslructinns. you inlornit'd tlic liiis' III III ('ill! til ill Irl' lli'. Il.,| i'HiiiM-til iiiiiv rili^li siilijii-i [i<-i'i'|ila:i"ii t, ii"i\rril! 11 Ills CI III!!!:. No. 21. Ml. Ihnnitil til //(/• Killl lit' Itiisvlii'rii. — {lirrrirril Srnlemlier IH.) \|> l,.iiil. SI. I>rlrrxhi,iiili, Srplrmhrr \'.\, IHUU. U I! II rcfrn'ii'T In yniir l«iiilslii|r- ili's|iitli'it ni" |||i* .•{(ili iiliiinn, | jmvc llu! Ii.iiiiiiir In i'<-|i(il't lli.'il wlirii I rallril ii|iiili M . ( 'liiciilvilir tliis urifl'lliiiMi tin; coiiviT- vitj'iii li:i|i|ii'iifi! lii-hl In turn ii|iiiii till' Aw.'ii'il o!' lln' lli'liriiii; Sm Ciiiiiiiiissin.i, wliicli |,i> |',\ci-llril(\\' s'li'l ur fiir-HftilN, and Knid !li;il .iIiImiiikIi itii' Uiw ili^l nnl niciilinn !!iissi;in siilijri'ls, vrl il |)i-n!iil)il.i!(| |M;ln^ic M'.iliiii;. lint I iliil mil Nii|i|ininl liy ii> :ii till' liiih' nl' Il iirlnsinii nl' niir Si-iiliiiu' A rrani^cinriit uilli tin- iin|M*i'iul ij.iM I'linii'iii. !lis Ivvri'lli IK'V I'l'plii'il tint, :iillinM.;li as a iiialtiT n!' {'act lliiT)! win- iiii KiiitNiun sali'is, it was rmiinl ncn-ssarv In !ia\i' a law nn Mm Hiilijfct, lint tint aH rc^anlH MMliiii; nil Mil- lii"li si'^i-. il iliil imt ijiply In rni'cii;iii. Ciiliimiil Offiir III huii-li/ii (i(lirr.~ {liniiviil SriilniiliiT '22.) Sir, Ihiniiiii/ Shi'il. Sriilrniliri 21, \^'.n. WITH 11 ri'ii'iii-r In Illl' lilitr linin litis Dipailnirnl nl' Mir l'IIIi 'Inly. I am >iiiM ti'il li_\ llir Mari|iirss III liijinn In transmit In ynii, lu lie laiil licfni'i' llir I'iarl of i;.. I !iil\, .1 rnp\ nl' .i ilrspiilrli finin llir ( ln\ rninr-l iriirral nl' ('anail.'l, incllisilii; cnpy ■ i\ :hi Ipprnxril Alinillr nl' Cnlllicil l'r..pi'i'l iii<> llir sri/.llir nl' Hi'ili.sli Vrs.sris liy lilt! lliisMaiis in Hrliriiij; Sra (Signed) ' .'inllN HHAMSTON. s7 •■III. Is'.C! a I i':iiis|:i!ih; 'I'linli i>; ili (inly :'p|il.> I irrliiriil ! i mil ill II III) hlmn nl li:< ( llirlikilir ', llir llilssiar lull l'l'i'ri!i^U:\. \\ Illl II I'l'i'inrr In \niii- |/ii's|i,itcli ttf tlir 2Ut II .llllil* last, t'lirwarilini; a I'jnli iniriil:ii_\ paprr <• iiilaiii'iii: llir l!i|i'irl nf llir Itiissiin (' iinnii^Hinn u|iii/iiirt of hiili^li \(>isrls ill llrliiini; Sra, I liavr (lie linnmir In rnru.i!il lirrr«iMi cnpy • if ,111 .ippiMMil Minnlrnl' llir |'ri\y rmini il i-mhnilxin" a llrpml li_\ tlir Ministrrnr Maiinr llllil I'islirrirs, wll i pninis .riit llir rnlil imlirt inns lirtvkrcll llir lillillavilN ni Mil; lli'ilisli sralri's am! tlir llmlinu's nf tin* I'nniiiiiHsinn, and simu'rhis cin'tain nii'aHun>j< for Mitislarlorily drlrnniniii'.,' llir arlnal st:ilr nf tlir fads in ilispiitc. I li.ivr. \r. (.siunnMl) A. M< »N'I'(1( )M KUV .MnOllK. •SIlMKItv. Inrlnsiirr 2 ill Nn. 2.'i. Itijiiivl (if II Commillrf nf thi' lliiiiiiiiin.il'- llif I'rinj ('(lunnl, npprnifil lij/ ihi (iorrrnor- (irnniil in ('tiuiin' nn Im '2'lnd Aiujuxt, I's'J-'*. Kvtniol.) ON a Hi'iMirt datrd tlir l.'tli Aii:,'ii»l, IMIM, frnni tin- .Minixl-r nl Marinr and I islinii'n, siiluiiiltim,' ilia.' an rxaniinalinii i.f tlir Krpnrt nf tlir Uussinu Cmnniis- III upon Mio Mfinuii! nf Uritisli vrssrU rrvraU strniiR funtnulii-linn hctwcni the [Am. I> 'i 20 Hi*H <»f till- IVri'i>-li >«iil)iivr\v:vr(lril to Her Mnjcsty's (lovrnimciit .-iml i!,,. •tntfiivnt i>(' (i\t-\* x.f ,Mit ii\ tin- hmII !*i|ii>rl, .•iiid fliiTo arc m;iiiy (•ir;Mm^t.ii|..,s lU'' ii!(»(l thiMM'rti wliicli niwlcr tin- arcumil l: veil liy it imsalisfaclorx anil iintiiM. v\i>"tltr. 'riif fin't** sctllrd liy an n|)pi')il citliiT tit IIh* airnla\il'. on .m,. si(|i« iir 111 fill' ri intrio >>\i\\t^w^ iin flir 'ftln-r. 'I'll!' Miiiisl' ', iiiulcf I'Ih- f-'riMimHliin»'("^. riTDiiiiiU'iiil llial stt<|i>* lie lakni In Ip'.'in.' lu'l'iin- Hit Miiji-irtT'* (iuvt»i«'',ir olKniItl lie i.'nu<.t;iiii'i'> ■• .m .wHt-d wiili tlw si-iziiri"* of tin* rollowini; scliniiniTs; tlw •' I iIkoii." '■ Marie." ■" <"iiritK'iili' and " \ iin- hivit Hi'llr,'' and of flif limils cif ih, •' \V. r. Savwartl ; " i'D fi* pciiMtsMiiii lo iiispi-^t .-md lake rop r-tof tin* loijs and rli.'irls of the liiri".'oiM*.r v«>i««'Ih; ill Utr tin- Ki-jmrt-. on llii' coiirsfs of tin- " /aliinkri," " \ itia/.' and " Ivotik." iHii4<*op«>-^ of tin- rviilrjwi- ifivcii liy tl'i- Conmiaiidrrs of iljcs VfHA^U lirfori- t||<> (ornm >"*•**)* ^- !)• 'iil'oriii.ilimi i» olilaiiu'd, it is I'l'ciini- mend' ' ' proposal slioiild '"• im^wIi- \<*' t'\v <'in>'»tiliil ion of a .loinl Coinnii' "•imi in laki- r>, lii'»li in I'atiada an«l n rt.«i>»»i . lidnwii "Z tiic tads in dispnic. so tlinl.in tin- i'\rir I ioM-nmiiMil^ not iii'iittr •'•'''•• t<» .-i.'i'ci' upon roiisidrntt ion of tlir I'vidt'iirc v . ilii> I'vidi'iirt* may Im' tw'tiMT'-'l t • .trtHtralion. riic <■ .fiitrt** '•*' adviitr that your KN/««»'IU»n»-T fcriiiovcd lo forward a (rriilinl nip^ >f ll»i"« Mil iitr till- Ml •'I llononi-aidf 'In- J'rin.»)p:il Sn-n-lary of Stair fm- ll,r JolonicK. All of wlmdi .- ' xiMS'tfiilh siilnnilti'd for \ oiw f'!t«'i»ilfiicv's approval. ^Hi^nl'(^■ JoHN .'I MrtKi;. f'lrrk of iht l^nr}/ Cnui'nl. No. 'il\ 'I'lf Ktirl iif liiisriitiii III Mr. Ilniiinil. .«»ir. lunriiiii (iftiw, Snir'nhrr ITi, IWC! Sll{ W. MniJlKirS ilfsjialrh of llir IJili .Imio last, forwa . i llii' rrpl* m llir |{>iisiiiii (loviTiiincnl uilii ri'u;aid to llir s( j^ni f UriliHii .. iiiiy-vrssi Is li_\ |{ii-i' M>i/.iiri*s, as i-rpicM-nli'il hx tlic jtiissian (iinrrmiu'iil mi ilu one side and liy ilir Canadian >.i'al('rs mi tin ntlnr. arc coiitradidory in snni. material points. Under tlics'' ciremnstjiiiecs, it seems Mcccssiiiy to 'ilipl.v to Ihe Kiisviaii (iowrn. tnciil for copies of the i'rotoeols eonIainin'.r tin' rireimislanees of the sei/.urc of tlir ■• liosie Olsen," "Marie," " t 'armolile," and "\.ineon\er Helle." for permissiin in inspect the |o>;s and cliaits ul these \essi nierils of the varimis eases. Iiut in any oli.ser\alioiis which may pass on Ilir siilijed, it will he well to hear in mind tlie \ie\tsof Her .Majesty's (ioverMiiieiit as in the main <{ueHliouM of principle involved in this matter. i'hi*!«.' (piestionN appear to he as follows : 1. In wh.al c.asrs m;i_\ .1 vessri which h;is committed a;; «ITcnee within terriliiri;il waters Im' c'lptured outside sneli watcis'r 2. .Mn\ the Imals n{ a \rssil hi- reminlcd as lonuiiiv part of the \esscl '■' and ;j. Ih a wM/.iirc III non-territorial waters made oij HUMpicInn of fin oir<'nce williiii such waters jiislillalilc if the >iil.se«|iichl search atl'ords evidence of Ihi- otli-ncc h.niii'.' Inmmi committed r With lelercni-e loth' tii-s; i|neslioii. it is the iipiiii.;.". of Her .Majesty's (iuM'iii inont thai such an iilh-in' ,j< xessel can mily he ariesled if then- has heen a hni ,11, J lontiniiotis pnrNitit Iroir .he lime ivf the olfence In the time of tlio arri'Hl, and tliiit tilt pursuit cannot properly Ih) deserihed as hot and eontiiiiioiiH uulem^ it ha.s I n iiKMit ami t!ir (•irnims|;iii>'(s niid iinivi|»|. IUl;i\il<> ii!i ,>i, liiKrn III li;ii|. • iMtiirxf ii. Ill • llic rn.lMfni iiii: scliMLiicrs ,<< IiiiiiIh III' I III (ii;s iinil r\\:\r\\ !<• " Zaliink;i." lIlili'IN (if the* <(1, it is ri'ciiiii. Coiiinii' >lisi(lr|'atinii i:! llllM'lll nil ll Idi'v in oiiiiii sviflll t i'l'i I I ' sri/.iirc i>i iIm |M'riiiissi III I' ins! Ilii'iii .'III' ' N itiaz. " ';i' ' .1 till' llii' • S ( illlCI'llhli II' cr iiifiil'iirili' lll\ llixMlssliii. \ IIIIMN IIM till' iMini'iil as I liiii li'i'i'itiiriiil ri '•' ilinl (tri'liri' Milliiii itlclirr liMMii'.' rst \ s ( iiann 'rli a liiii .'il.il ri'sl, ami lliiil Kb it liUM Imm'ii 21 , iiriivl on so that (apart I'foni any <'vi(l<'ricr rninil iipmi arn-sl) tl)ori> ran hn no rrii^'iiialtlr iloiilii tint tin- \rssrl avri-stoil 'vat tin- niic tjial coniinittiMl tin' oirciwc. It a|i|ii'ars iloiiliirni uin'tlnT tin- I'.iissian < iii\rrnini'nt clearly n f;ni/,i' thin |irini'i|'li'. «liii'li, Iniwi'MT, llrr Maji'sly's (i'lvcriiiin'nt Ik'Hcvi' to hi' in acfonlunc*' with jiilirii.'itional law ami praclii'r. Willi ri'spfrt to tlir si'conil (|iirsiiiin, IliT .Majr»ity's (Sovcrnmcnt arc rend y to ,'i(|iiiil, lor till' |inr|io'.<'s ol' tin- |ircscnl casf, tluil tin- lioats of a vessel wliieli eoininit an iilTi'iiee rentier the vessel herself lialilc to sci/urc for siicli (ilTenec wliencvcr it iipptvirK lli.'it the lioiils were aclinij witli the consent, cxpresserl or iin|>lic(l, of tlic iiDwtor of the vivsti, anil (ndviiled that the jiiirsnit of siieli vessel In- hot anil emitiniioUH. It lines not siTin to tlieni that the lliissiaii (lovernnu'iit siilistantially take i\ ililTrreiit vieu , tlinie,'|i M. Chielikim's rrferenee to this |irinei|ile in IiIn n«)t« of the ■.".Mil .Ma_\ is |irrha|is rather jnosrly wnriled. With rclerenee to the third (|nestion. Her Majesty's (JoverninenI enniu)t admit llie iiriii'-ijile iliat vessels may he searched on sns|iieinn. and that sci'/.urcH may he iii.siilied liy the result of the search. No doiilit hy t'oiiventinn siich ri^'hts of seiirc'i are in sjieeial cases allowed, as, for iiist;iiice, in the Conventions rehitiiiu In the slave 'I'l-ade, and the results nf such Mrnrcli may justify the sei/nre, Imt this |irinci|dc cannot, apart from Convention, l)C :iilmiile!; jeniv are salislled that the vi'hsoI in iiiiivtiiin had enniniitted oirenees airaiiisl a Irieii lly I'ower. it is no douht a matter for ilii'in tn en isider linM lar it is pnlitie nr wise to protct the on'enderH. 'I'his in a |)iiiieiple of iioliey «h;eh lar!iel\ alV'cis, fo- example, international d"alini;s in relation lo the Hoveriiii,' .Vets. I'ntil fuller information is rooeived, Her Majesty's (ioxcrnnieiit do not fc(d that ilir claims in respect of .any of the sei/.nres can at present he ahandoni-d. It is only wi.rii these p.artieiil.'irs .arc r 'ived that it will lie puvsilde to discriminate helweeit the i:isi's, and to decide whether a Commission of Inijniry should he domnnded, and, if no, III rel.'ilion t I which of them. I nm, t^. (Si-ned) R()S',.;HK|IY. No. 27. Ml . flniriir•/. /V.>r*7 Itnssian cruisers in the .North I'Mcilie, I li.iM' Hie honniir In tiiiiismit here\«ith ,a cop\ nf the note which, in ohedienee til the iiistriicti'ins contained in the alin\e.ni>mcd ilesii.'iieh, I have this day addressed III the Imperial (inverninent, askiiej lor enjirs nj till' i'lnloenls containini,' the cireiim- si.inces i>l the seizure of the " Itosie ( (Iseii," ".Marie," '• Carmolite," and " \a>ieoiiver llille," for permission to inspect Hie i >ixs ami eliarls of thes«' veswls ii|>im which the .'.'ises au'ainsi them are fmimled. and lor Hie rejiorts on the courses of the " Zahiaka," • Viliaz," and " Ki lik." I have, ,%c. {HiftuvA} liKNllY IIOWAIIU. f4l |iieliiHim> ill No. S7< Ml . Hnunril In M, ilr Qirrn. M. le Ministri', ^'^ i'rlrr»liimjli, Soi mher 13 i'2:>), 181KJ. IN ol»idienee fi> tlie iiiNlnict Ions wliieh I Irive recei "ll Iroin the Karl of KoselH-ry, I li.ave the lioiiniir to inform yniir Kxcelleney that the note which the imperial Ministry of I'orci^jn .MVairs was so ummmj as |u add 'I'ss to the late Sir KoIktI .Morier on ilie :'".»lli .May ^l()lh .lune) last relative lo Hie .seizure of certain Hriliith sealiiig-vessolH 1^ ' Hi •» tf l»y KiiHs at) n'liiwM's in llic Nnrtli r,u-irn*, ti' with it* iiii'litsuivii, lists I»;mmi umlir Mill fun'liil <''>iisi(li'r.iliiiii tif llfi- M;(ji'sl_v'> (iit\rrnmt'iil. As !i rivsiill of lliis cviiiiiin iliiiii, it ;iii|i:min (,■ iln'in tint the r;ii'K id' (lifKc m''/.iii',«_ as n'|)n>s(Milt'(l 1)_\ tli-' lm|>rri;ii (inxi'i-iiiiii'iit mi tlic um- >i(Ii' ainl l)\ itii- Caiiailian M'aU'n* on (III- otiii'!', art> i'i)!itr.»lii'liiry in ».'iint' ni'itcrinl niiiii'is, UndtT tlii's*' ciri-ninslanccn, 1 am ilini-litl t ; rx|)latii thai lin- Majrstv's (iuMri,. nuMit, witli tlic (ilijt'cl (if airiviiiix at a clcai- knuwli'ili: • of tlic^c luis. aii' cikIi ,i\iiiiiiii;' U) ohtniii adilitiiinal iiifoniiation fmin tin' rs uf il,,. IiiijxM'ial crniM'is " Zal>i:ika," " Vitia/.," ami " Kntil,." llor Mivjcstjs (idvirnnii'iit furtlicr ni|Uf.>.t thai |KMini-;.siou ^ay lie <;fanlf,l luc .m ilisiM'ction of lhi< Iii;;n and fhartN uf the fonr ali(iv<--iiaMird ('anadian vcsm'I-, ii|ii>ii which the cases aivainst tlicni arc fmuideil. Ill Muliillittili;^ tluN rci|iic.sl to the lin|iei'ial ( iV/alch Ir .in Mr. Itnuard,* rccinlini; a coii\crsaliui, wiili .\r Cliitdikiii ' on ill • -.uliiect uf tlic \uaid «if llif Hclirini,' Sea .\rliif ration 'rriliiiii:ii, I am directed li_\ llie Mai ipiess of l|i|uin lo I r.'iiisinit to yon. In ln' Laid lirfni" t In' r.ii'i of l{ii!«td)erv, a <«'i>y of a dei.|ialcli triiiii the r.(!i iiei'.il id' Cannda, iMcIn ;iii; ro|iy uf a .Sliinite *<[' the !)iiiiiiiiioM I'rivy t'lHiiicil ri| the .siilijrcl i\\ .M. ( 'liiclikliie'^ suvtti'ulioii, that the Aviard ol ihi,' 'rrih.inal w.i.> a !;ii>)d liasiK fur an iiiternaliiia.il sealiiiu arranui'iiieiit . Lord l!i|iin \Miiild lie ltIihI tu hi iiifurnn d wln-lhrr tlic lliis>.ian 1 iio cr/iiiicir, li i^ made ;iny ummIiiics I'ur an intcin.itiun.il arraii','ciiiciil cnilir.ieiu': the Unssian scil inlaiids, or for the euntiiiiiaiici' of the |jru\iNiini:<.! ai'r.iiii;cinciit ol lai>l yi-ar. an (Siixned) ,I(»IIN Iti: AMsniN. I ncliiMiri' Thr Hull of Aliirilirii II >'., .Miiri/iii.\.', of llli •0(1, Mv I, 'till il niiifh Ih ()!'u Smriiihii ',), l-'.t.l \\ rril rc.'.rciice lo \. Ill' I, ir.lshi|i's dcjialeli nf the :lril iiltiiipi, euulainiii, a r'|Mirl of II citiivrrsaliuii lM't«i'cn Her .Majesty's Itcpv. scntalive at Si, J'eti'r»hiiri:li .imi IJH- Itiissiiiii Minister for I'urei^ii .Vlfaiis >i|i ui the snhject »{ (lie Ifehrini; Sci ,\\\ iiil, i have tlie 11. M iir to foruaid e j.y uf an apin-uxid .Miiiilc ul the |'ii\\ ('uiii.H, ••Mihoiijinc Ihc nhser^aliiins .if tin- .Minister <>( .\I.irine and \ in i|iiestiuii. |slr'lie> I iji m III eN|i 111 \iiiir I.Mi'ds|ii|i will uhscrte thai the .Minister dissenlH frutn the sii^ijestiuii ilial the ltcL;iilalions laid down h,\ the .Arliitr itiun Irilninal fur exlra-lnritorial watrrs in the easlern half uf Itclniii',; Se.i shuiilil Ih' i>.\li>nded tu ihc weslcrii half uf th.it s .i, on the irruiind that such an cifti nsiun u . iitd nnncci'ssarils interfere v\ilh ('anaii:ni sealerx, mid scriuusjv |ii'cjiidiee Kritish iiitercMts mi ',iie high seas in the \wilcrs uf ilic I'ncirtc. i ' (Siiriicd) ive, i\c aih;i!I)I i:.\. • Nu /«. / F: S ,'>n s ItL'cn iiiiili'i' llfSC sci/i;r,., I 111' (':ili:iili;ii, •si v's (iij\i'n,. riidc'ni lining, ilial iIm-\ liiul killillv I'lll'ilisli it' lllf S|Mi|;|| inic Ir.illi III,' llusit' OUr I," •iilll-M'S 111" llir tnilllr.l Inr .111 VCSX'ls, |||Hi,| rir, .V.v i()\VAi;it. 2'.\ Iricliisiirc 2 in No. "Js. •|| •/■ 'J'.». ivi;;. ii'I'.s.'itiiii: w jlli II 'rriliiiiiMi, I fill" til.' Ilii-, icla, iMclii ,1'.: . ( 'IlirirKiiii' intci'iuilHiii il I r/iiiirii; li I- tiissi:iii M'l! AMSToN 'o.ll.'lilUM, :i 'i-.tiiir^-li .'111., Sc I .\\'. M.., \\ ('lHII,.'il, tii'"ii's|.ii,:i l^.'stiiill lli:il il Mall r^ I, ..r thai V :i III ('aiiail!;iii atriN uT ilii' ;i!i)ii:\ •>> :. .; iifjiiil of (I Commillii' of Ihr I liiiiniiiiililr llir I'rini ('niiiiril, (ippiiivnl In/ llif dovel'nor- (Inn rill ill Ciiiiiiiil mi ihr "JS/A (Irluhrr, \X\)',\. Till', ('oiiiiiiitli'r III' till' I'riv^v ('luiiu-il liavr li.id iiikIit I'Diisiilcraliiiii ii (lt-s|intcli, licTcti' allai'liril, iliili'd the .'Jril < ictnlicr, IHiHI, Irnin llir Ciijoiiinl OIVicc, tiaiiHinittiiii; n ri|iv 111' a I'oiiiiiiiiiiicMlinii t'riiiii Mr. iinwanl In ihc |-!;ii'l nf ItiisclMM'}' ^l•^4|H•(•tj»^^ th« iicriil ilii>'siaii Si'iiliiiii |{rL;iilatiii|i''i. Till' Minister 111' M.'iiiiii- .inil I'islicrics. In wliuin tlic niattir was itI'iti'ciI, olisj-rvcH il.al il a|'|ii'ar.'H U-ivu this ili>s|iiilch tlial hi- llvccllciirv M. Cliii-likiiH', in llii* rniirte of I I'liiiM'i'salion Milii Mr. Ilnwnnl, rrni .rkiil ih.it liic Awiinl oi' tin* lii-lirin^ Scu ('(iiiiMiissii)ii was an f\ri-lli-nt liirisinn, ami a i^iioil hit.sis for an intcrnatiunal M'nliti({ irr.iiiL;i'iiiiiil. I 111- \i inisirr vlrsiri's to f\|ii'('ss his dissi'iit i'rnm tlir snu'^cstion nf M. Cliit'likino, t!i;il llir la'^iil.alinns adii|iliil liv tli.'it 'riiliiiii.i! llir ihf caslcra vvalcrs nl' llflirinm Sea, ,,iil>iilt' nf Iririlnrial jiiiisdicl luii, sIidiiIiI lit! cxlrndcd mi as In <'(ivrr tlic wcbUtii wiiti'is also ; and he ihi'iclnrc lakis tin- I'iU'lir.sl lijrjinrlunitj of statin;; that, to u Ciiloniul Office. Sir, Forriijn OJfirr, Ihnmher H, 18UM. I .\ M dirrrliil h_v till- I'.arl nf Itnsi'lii'ry In .'ickiinwli'di;!' Ihr ri-ci-ipt nf ymir h'ttiT ■ >[ till' "JUIh iillinin, fi.rw.'ii'diiiu nhsi'i'viitimiv hy the ("an;idian (inviTiiini'iit nil the -ii',':.;i'vlinii 111 idr li> M . Cliiclikiiir, lli.it ilii' l!i"„'iilal iniis laid duun hy the ilehrin^ S.'i \iliili' Il i'lii 'I'rilMni il \Miiiki fni'iii ;i i,'nnd liasis Inr all iiitrrcaliniial sealing arrange. I'liht. Ill rr|ily tn Ihr iiii|iiii'y rniitaiiird in llir |;isl |iarai;ra|di nf yniir letter, I imi tn viatr. In" Ihr iiif'inii.i' mil nf ihr M,'in|iii>s nf nipnii, thai thr Kiissian (invernment l!i\i' mil nridr any nvrT-tnn's fnr an iiitrrn.ilinii.il .•iri!iiiL;rniriil nnhraeiii!,' the Kiissiun M'.il i-l.'ind-, nr fnr ihr '■"nliiiiiuner n^ thr [irnvisiniial arranirriiiriil nl' last year I'or the iirnlrelinii nf these lishrnrs. I am, Sci'. (Si^n.'(i) T. II. SANDIUISON. Nn. m>. Mr. Hoiiind lo lllf I'liiil of liontliery. {Rfrvirnl Dicnnber i I.) My Lird. St. I'rtnslmnjli, hnrmbrrl, IHDM. Wiril referenrr In my des|ialeh ^iS the 2rith iillinin, i h.ive the honour t'l iiifnnii Minr Idirdsiiip that when at the .Mii.istry for |''nrei«n AtlaiiN one dijy last «iM'k 1 ill iiiinvi ol" ('mint Kajniist whether he h.id seen my note to M. de (Jiers of the null cj.'dlii Nnxeniiier, rripirslini,' llial llrr Majrsly's ( in\rriiinrnl mii;lil hr furnished «illi eeiiiiiii diieiimentaiy r\ ideiirr relative tn liie sei/.nn; of the (,'una(liaii scuh.'rs l)y Itiissiaii 1 iiiisi Is last year in the N'mlh i'aeilie. ^ ^ His l'!\i'ellene\ repiird lli.-if the nnli in ipiestinu |i:i,l ronie un hr !iis tintiee, anil *l I lm«l lUivjMly Imsm\ tniiiKinittiHl to tlu> Ministry of Miiiinc, :is timt l)r|mitiniiii lia,l t'hari;i> of tlu»^to oiwo, and tlic tlociiiiu'nts. vVr., fonni'ftfd willi the sanir. I liavc, Ac. (Sii{ii.Ml) lll.NKV ll«»\VM!I). No. ai. Mr. Uoininl to the Karl of RoHeliertj.- '{Hfrrirnt Drcrmhrr 'JO.) (Tolojfrnphic.) si. I'flrrnhunjh, Drrrmhn 'JO, |s!i;i. IX coiirsoof an infcrvicxv f liad \\\\\\ Coiiiit Kapnisi this aftfrnuon ids llxcrllinrj inforini'd in<>, in tlic nanic of the Kiissian (iiit. that no pn'ciM' di-tadN us in tin- workini; of oiir Sralinu: Vrransjcnn'nl liad iiccn ii'Ofivcd as yi-t, Imt liial lliry s;iw that si>n)<' ■(orl id" arnotircincnt was nrci's«iin. 'I'hi' Itnssian t Invcnioirnl an- iIuti -t,,., iindor tlii'sc fircninsttincos, anxious to know uhi'tlii'i- lli-i' Mnji'sty's liovornniiMl Woiilil ot)!^^!)! to tho continuatiiiii i>l thi- pi-i'scnl arianironicnl until fiU'lhiT unticc, r^in'ri.illv KiHMiii; that lln' arranuoiunit in i|n<-slion (ituwm.iIi's on ilic .'list |ao\inio, I was h<'i;ir<'d hy Count Ka))idst to nrikc this ini|uir, of your l.iird>.hi|i li\ t»d(>f;ra|)li, who Miid fui'liur that this |)ro|)'isrd |iriiloMi;:iliuu rindd he arrau'^cd U\ w Himplo oxcdmnifo of notis. Mis l-!\ciiit>n<'y added that his (ioM-rnniciil woulil s-iul tlii'ir noto ti) lue at no distant date hoidd llct' Maj'sl} 's (iov>'nnncnt aL;i>'<- in lliis |iropNiU'n\\)h'u'.'\ h'lirriiiii ()i/irf, Ih-nnilwr I'l, |V,i:;, T IIAVM riM'civfd your frlci^nnn of yi'slord.iy ics|>cctin!: th«' IHi-aHui,' Airrfcimul Ix'twiMMi (ii'i'at Hritain ami Uusda. I'lvx •• ■ ■ ■ - • No. :i;». Mr. Howard lu Ihe Earl of Hiisrhery. — {Krrrh'rif Drremlirr "J I.) (Ttdr",'ra|)hi('.) Si. I'rlrrslmnjh, Drcrmlier 'J I-. iKli;;. 1 HAD a oonvi'fsafion on tin' J'Jnd DfccudH r wllli \f dr suhji'i'tcd to rt'stnctinns Muiihir lo those nilorccd a^iiiust HiiliMli vi»Mds under our cxistiui; arranu't'uiint with llussia. Tln> prohtn^'ation until further notiee id' the ino(lu» riimdi is ollieially propo^d liy the llussian (lovernuient in a note whicli I ha\e ris-ei\i-d |Vf whieh a copy i,'oes i.p your Lordship todav hy liu^t. The Kiissmn (io\crni:nii' iiMflei- take that they will without diday laki- all the neeessary steps in nrdrr to arrive ;it ;ni understanding with the I idled Stales' ( io\ernnient ior the appli.vitioii to Aniei'irini senliii^-vesN"js of the restrictions in ipiestion; and they ix press the opinion thai it will hv MitVieient, in order to keep our present arraiiu'eiuent in force, that w ii oin ]>urt return a .simple alllrumti\e rcpl^ to their nole. 20 Wi itirtiiinii Iia,| No. .14. low \I!I). ' L'O. |s;i:|. is |-',\n'll(iic\ ' (IcI.'llK ,i> III li.'tt llii'V s:n\ ill'l' lllcr: ' ir, nniiMl w ilil CI', CIH'Clilllj l.nri|v||||i li\ rr;iiiL;i'il \\\ ,| I Ulllllll S'IkI ai,'ivi! I.» Ihih ■(■ lM, )s«i;;. II,' Airi'i'i'iMi'iii till' W jslli^ III llic iili|n'l III Siu'h ciiiiM'iii viiiciiK Willi ilisl M'lllili.; Ml . Ihiwnrd In Ihr Hurl nf Ihisfhrry. — ( Krrrivnl Drrrmlter -5.) \|y l,'>i'l, St. nrlfrMl.unjh, nrrfinhor 2H \'^i)'.\ WITH iclfn-tui- til my ti'lr'.rrfim nf toilny's dnlc, I Iiiim- tin- liKiimir In iiirorin viiiii' l.iiriKliip lliiil Ciiiiiil Kii|iiiis| lold mm' llijs iirii'i'inMHi )|iat lie liiiil lirrii rliiirL'i'il iiv M. il<' (iifiN til iMiikc !\ |>i'i'sl:iiiiliii'js, \c , wliiili li iiL;laiiil anil tin- I'liilcfl Stall's III' AiiH'rira wrri- iii'i;iitiiitini; i'rs|i(>»'liiii4 ilir rari'V iiii; nut nf tin- ilri-isiuim luiti ni'iiiiinii-iitliitiniis n| till' I'aris Arliilratinii ( 'nniDiissinn, aial it was innrr lliaii |irnliiiM«) llial at siitiH' iliilc a rniitinnli \i;i'i'riiii'lit Wnillil hi- rninr tn lict\«i'rii l',ti;.'lanil, A lllt'ricti, Kiissia.anil nthrr natiniis intiTrslril in I lie sral IKlM-rirs, Imt siii'li a rnmiiinii \i»rri'iiirnt tMiiilii nut, nf niiiisi'. Iir |iiissili|i- williiii tlir iniiiii-ilialr fiiliiir. and, in tlir im .intiini', iiiir I'li'si'iit anan'jriMiH'nl willrumrtn an riid on tlii' .'list nj litis mnntli. In vii'« nf llii'M- I'ai'ts, fill' I'lissiaii linvrrnnnnl wimt aiiximis tn ;iNiirtaiii wliiMliir Hit .Mairsl^s liiivrriimi'iit uniild iir \«iilin!; In ai^ri-o (n a |ii'ii|iiiit;atinii nf niii' |irrs<'iit arrniii;ri)iriit until I'mllirr iiiiti ■(• (" iiis(|ii'a nniivi'l ordrr"), and tlirv wmild ln' l'|'i'!iII> nlilij^rd if I .Miiilil iiiakf this ini|iiii'\ liy ti'ii':;i-a|ili. I'liniit Ka|inisl s'lid llial sliniild llrr Majrsly'H ( inMannicnt a|i|ii'iivi- this aiiaii'^)-- iiiiMil it iMiiild hr rllrc'rii \i\, all fvcliaiiu'i- nf iinlfs, and that in tlii' i'M'IiI nf yntir IjurdshiirN rrjily hriiit; favniirahli*, tlii' Itiissian |dii'd that I wniild iiil'nnii V'air budshiji at niii'i', iiy trli'i;ra|ih, nf llii' |irn|insal in i|iii'sliiiii, hut that i'M'Ii iI' Ih'r \|;i ji'sly's ( in\i'i'|illirnt a|i)irn\rd tlir s'lnir ! tliiiliu'lll thai I'lirt hiT lrL;islat inn \tnllid ho ri'i|iiii'i'il whirh llll^hl raiisi' sniiir drla\ . His I'ixrrlii ni'V llllswiTril thai tin' si-:>l lls|iiii'4 did lint, hr llluii.;!)!, rniiiinrlirr until A|il'i!, hill llial llir siionrl' lllr Au'ri'illH'llf iiiiilil hi' riiiiii' tn thr lirtlrr it wiuild hr. I havi'. ifec (HiuniNJ) IIKNUV ll. .\n. :»,'i. ,^/i I I'll! Ill il III llii Hull nf Unsfiirry.—{Ui'iriiiil hrniiiiiri '27. \lv l.ild, SI. I'ririsliiiiiili, Dmnihri 21. I H'.KI •J I. isii;,. Ill shai'i'H I 111 iraii siviliii'.'- aiiisi lliiiisli |)rn|Hisri| liy innniiiiL,'. iil^ l;ii-ii' iimli'l- ari'ivi' ;il ;iii II A llli'l'TIIl ninii llial It I'. W'l- nil mil I II AN I', thr liminiir in ir|Mirl thai I saw M. (!'• liiiis thr day hilnri' yisii ril.iy, mil nil that iM'ciisinn riiiniiiiinicati'il to him the siihstaiii'i' nf \niir l.nrilslii|i'H !f|i't;raiii "f l!ii- L'lsl instant ri's|H>i'tiiii» thr |irii|i)i'i>:itinii of mir pri'sriit .Si-aliiiLT A iT.aniri'iiiiiit . Ills llM'i'llrnry siatid that Iw sliai'nl \ mir |,iiii|slii|i's \ irus as In Ilir ai'iMiiiri-iiii'nl liiiii'.' iiiaiii' 111 a|i|d\ In \ nii'rii'.'in m'ssi-Is, and addrd lliat hr wmiM rrtiirii a rrply In iii\ I'utiiiniiiiii'al inn as smm as |inssih|i'. This iMiirniiii; I havi- ii'i'i'IvimI a nnti> rrnin tlii' Itiissiaii (tnvi'riniM'iit, nf whirli I .iii'|m,c ;i rnpy , nllirially |irii|iiisiii'.x the prnlniiu'atinii nl' thi* pri'si-nl inuiliis livrwh until fiiitlirr iiulirr ^ niir i.injship will pi'ii'iMM' th.at Ilii- liiissi'ni ( iiiMTiiiiii'iil dri'iii that I siinplr airiniiaiiM' rr| \\ In llirir iinli- xvili sullirr 111 ki'i'p till' prrsi'iil arraii<.;i-ini'iit in I'lirri', and that lli>'y undirtakc tn takf all tho iirrrhsary sirpN williniil di-lay In cnn- liiilr an aiianniinint with thi' (inviTiinii'iit nf thf Lnitcd SiatiHui Anii'iica, h\ uhirli iistrii'.ivi- iniasiiii's, similar tn lloMt? a^jni'd upnn with llci .Mnji'sty's (invi'mmrnt, vjiall hi' applird In Aiiirriian m-ssi'In Mai I savv Ciiint KapnisI this innrniii<;, and hr tnid nn' that as sum ;is ihr I'liiti-d s' .Minisirr, wlm is away I'nr tin- ('Inislnris jinlidu^s in lirrinany, ri'turtii'd tu St l'i'lri'shi|ii:li. thr Itllssian < invrrnniiuil Wnllhi rnniiiiriirr tn ni'^^nliati* with him oil till' siihjrrl. Ill' addrd that in thi'ir .'ihnvr-naiurd nnir In ini; tlir Itiissian (■iiM'riilUi'lit. Imil iisi'd thr trrm " fur-sral," as hr liad M'l-n that it had hmi rinplnyrd hy tin- I'arJH Iril.iinal nf .Vrhitratinii. I \m\\ (SiK'i.'d) m;.N'iiY iiowAiii). :«W| Inolo8ure in No. 36. M. lie (Hem to Mr, Howard. M. lo Churm* d'Affniro*, Le 11 De'crmbrr, lH!)i, NOS arrniigt'iiu'iiU rclntivcint-nt a lu p6clu> (Ioh |)lio(|Ut>M u I'ourrun* t'x|)iniiit Ir l" Janvior prm^linin do ruiiiit'c IhlH, l«> Ciouvunuriiu-nt lin|it''rial sh |)n)|HWi! dc \tt runuuvuliT, (iv«T Ic coiiAMinteuuMit dii (■ituvcriiuiiitMit di- Sii Mujostc |{riUiiini(|iii', jiisiiuit nuuvcl ordn*. \a'H arrniiiffinontH en (luustioii hc trouviMit cotisii^'iit'H dniiH lu nott* qui voiis ,1 i-u- adraut'o par li< Miiii.HttVt> iinpurial t>» date dii 10 ('J-'< Mui dur. Avi m'i-iiipn*iuM' d'njoutor <|u'c Uouv<>riii*t>i<>iit Imperial tt'tMiKatfu ii i'airt* muis dulai touU'H Ifs duuiarclioM iiiHrt-vsumN aupr^s du (iouvcrueincnt dt's I<)tat8-Unis d'AuitWit|it(> pour <|Uf dt'H niesurcs rrstric tivcs somblaMcH i\ collrs (|ui sont couvonucs avi><- Ic iiouvt Sa .MaiiM4' Britaiiiii(|U(< (juaut ii la |)6uh«< dt^M plioqutts a tourrurc Moii'ut appli(|U«>«4t uux iiavir>>s Am6ricaiuH. En vuuH prinnt, M. lo ('lla^^li d'AITairon, du |>orl('r ct* (|ui pnk*^de ii la mn. naiHHunirc do votru (iouvernoinout, «t do vouioir liiou nio fairo part de wi ru|M)iisi-, jc prufite, &c. (Sign«t) GIHHS. No. ao. Colonial Office to Foreiyn Office. — {Rereiveil December M).) Sir, Downinij Street, December 21>, IhU.'J. I AM din'cUMl by tho Soon^fary of Stato for tlio ColouioH to tmiittmit to jnu, for tlio information of the Karl of HosolK-ry, oopios of tfloi»rams I'nun tho Maniui-ss of Ra\mv to thu (iovuruor-Uuuorul u( Cutiudu ou Iho Nulijoct of tho IluMtiuii Soalint; Agroomoiit. I am, &c. (Signed) II. n. MEADK. Inolusuri) 1 in No. iiO. The Miirifuens of iiipon to the Karl of Aberdeen. (Tolo^,'iapliif.) Downiny Stri-rl, December 2(1, 1S1»3, 4'iiO i' M. iUJ.SSl.VN (Jovornment appliod for roiiowal of mudua vivendi until further nnlicc Ilor Majosty's (iovornmont havo a^^eod on tin; uiidorNluiidiiu; that Unilod MalOA' V08S0I.S suhjoct t4i Himihu* n^striutions. Inohwuro 2 in No. .'IH. The Marijueix of Hipon lo the Knrl of .ibrrdem. (Tolcfrr.iphio.) Dnwniiuj .SVrrf/, December 27, 1803, 115 i- M. •fjr.iphio.) KKF Kit l{IN(i to ttiy tolourrani of tho 2nt witli Himsia for tlio ppo- Ipction I'f fur-Kf'iiU, I nin dinM-ted by tlic Knrl of KoHchory to tmnmnit n oopy of a (|pi(|i!>tfli wliich hiiH Imn'm rt'ci'ivcd from llcr Majt-sty's ('hnri;^ d'AHairoH nt 8t. lVti'P*lMiru'li, inrloHinj; n formnl |>ro|ioHiil from flii' UiisHJan (iovcnimnit that tW .irpiiL't'iiii'iit in (|ii*>Htion, wliicii rxpircM on tiu* 1st .Innnar^' next, hIiohIu he pii)lon)7<|MiHed to inHtruct Mr. Howard to ndiin'ss to the HtiHNian (lovernnientin n'ply, and I am to inquin- whether the MarqiutM iif Itipon I'oneurH in its tenns. Ah soon :us the exeham;e of notes is eompleted steps shouhl he Uiken for thuinMUU cif II fr<>sh Order in Council to enforce the arrangement. 1 am, &c. (SiKned) T. II. SANDKRSor ' Inelosure in No. 87. Draft Reply to Rwmian (ioverninent. M le Ministro, I II.WK referred to Her Majesty's Government the note which your Kx«M«IIency , lid me the lionour to address to me on the 11th December last, slatini; that, as the irriiii,'cmrnt enteivd into between Her Majesty's (idvcrnment .-ind tin- liiiperial iiiiMTiiment in May ^H^)^^ for the n-u'iilution of the seal llsliery in the iieit,'hbonr|i(iod 111 llif Hiissian coasts and islands expires on the 1st .laniiary, your (lovernmcif are ,iii\iiiiis Hint it should be renewed \intil further notice, Yi>ii wen- ijood cnouijli at the viiii« lime to assure me that the lmp(>rial (ioverninent would take, without delay, 'lie 'ir;i'ssary steps fo enter into a similar Asjn'cment with the (iovernnu'nt of the I'liiti'd States. I am now instructed by Her .Majesty's (lOviTiuncnt to st.ate .hat tlicy aijreetoihe l>rnl Illation of the arrant^emcnt on the uiidcrst;ii (>iiinnij Sirrel, .Idntiiin/ 'J, I'^ltl'. I AM directi>d by the .Marquess of Kipon to acknowledge the recci|)t of your ii'lti r of the ;K)tli ultimo, inclosing copy of ;i dcsp;iteh from Her .Majesty's C'liari^t' i' Viiiiiics at St. I'ctcrsbiirirli, (orwanlinir a forni.'il proposal froni the l!ii>.sian tioveni- iiiciii that llie arrani;cnicnt for llie itroiection of tin- tur-sealt in tl.c North I'acilic, rtlii li lias now rvpircd, should lie rriicwcd until fiirllici- notice, loi{c(her with draft of ilii' reply which I.ord Kosebcry |iro|)oscs to return to the proposal. I a II to iic(|uaiiit you, in reply, for iiord Itosclicry's iiil'onnation, that l,oril Itipon ■incurs in the draft. I am. &v. (Signed) JDUN IJRAMSTON. i.'Wfli I-: 2 ■,.i K "*l No. 39. The Earl of Ronebery to Mr, Howard, Sir, ForriijH Office, Junuary 3, 1801. I II AVK I'onsidenHl, in coiisiilt.-ition with Her Miijfsty's Sccniiiry i>l" Stiiir r,,i tli«' Cnloiiii'H, ymir (IcMpiitcli of tlii' 2Mli iiltinui, iiicloHiii;; a note fVoiii llii,' Uuxsiaii (Jovcrmiwnt, foiinally |»rsia f«ir the protect inn nf I'ur-M'als in tlic >' >rth l'u»'illc, which oxpiii-d on tlte 1st in>tani, Hhuiild \h' |iri)ioii|{i* UuNsian (lovrriiinent, ai*«-i'|itiii!; tlicir prDposal on certain conditions. | A*^ Hoou ,iN this exidian^e nf notes has lu-en elleeted, steps will Ih; taken for tln' imtuc o| a fn_v the Secretary of State for the (/(doiiies to transmit to ynii, for the information of the M.-irl , 1H9-1. .\l \ i\ \. the fiillowiii"^ addition to your iii>te to the Kussiaii (iovernnuMit respeelin!,' the Sealing .Vi;reenHtil : — " Her .Majesty'>. (Jovernnii'nt will accordingly take the neccjisary nn-asurcs lor mrryinir this ;iri.iiigcinent into elVect." Ahove addition will make the mutter tjuite clear, and sh'.w that it is not netrssiry that till- Itussian (iovcrument slioidd Hcnd a reply. 20 No. 42. Mr. Ilowind In thf EnrI of lioKrlirrif.—iRrcflved Jaiuiiry It^.) My l-'ird, St. Prlemhunjli, Jiniunry ll>, l>iH. Wrril riTcriMii'i' I > yi>iir Linlsliip's (Icspnt'-li of ilic HrJ insluni, I lii\ • tlii- iMiinmr lo iiH'liisc hcrcwilli a «• 'py ol' tlic note wliii-li, in olx-diiiicc to vtiiii' l-miUliip-. iimlriicliDri-i, I iiililri-ssi'il to iliy In llic Imperial ( invcrnmi'iit mi tlic siilijicf of lln' Mii|iiiii.':itii>ii (if lln! arnni,'iiiiiiii licfwcrii (Jr-at llritain and lliissia I'lir lln' prDlrcticni if farscal* in llic Nnrtli l'a<'Hic. I liavc, &c. (8iifn.«tl) ilENRV IIOWAIM). w t. MEADi;. Inelosun; in No. 42. Mr. Howard to M. de Qiert, M li- .Minis«r<>, SI. I>elrrsl.,ir,ih. December -Jl), l>^!t.'l {.hinuiirii '0. ls!M). I IIAVIl n'fi'rn'd to llt>r Majt'sty's (iovcniMifiif tin* nott- wliicli your llxrcllciify ilid iiif till" lionoiir to aildii-ss to me on tlic lltii (^2:<;nlation of tlit; Nval fiKlicry in tiic iii>i!;ldi()iirlioo understanding th.it the Imperial (iovcrn- iiiciit (dttain the consent of the (jo\ernment o( the United States to the ap|)lieation of s for earryinif tins arrangement into rlfl-ct. I avail, &o. (Signed) HENRY JIOWAUD. .'■I No. 43. .Wr. Hotrard lu the Ers on the suhject of the prolony^.-ition until liu'llicr noliee of our arrani;em(-nt with Hnssia for the prot(H-li(m of fur-seals . ^" Mi /A Vy M I m 30 No. 44. Extract from the " London Gazette " of January 30, 1894. Order in Council. "Seal Fishery {Xorth Pacific) Order in Council, ,1S94,." Osborne House, Isle of Wight, January 29, 1894. At the Court at Osl)ome House, Isle of Wight, the 29th day of January, 18!)1. Present : The Queen's Most Excellent M.mesty. Lord Steward. Sir William Vernon Harcourt. Sir Henry Ponsonby. Sir John Cowell. Sir Philip Currie. WFT'REAS by " The Seal Fishery (North Pacific) Act, 1893," it is enacted that Her ^I gesty the Queen may, by Order in Council, prohibit during the period specified by the Order the catching of seals by British ships in such parts of the seas to wliicli that Act applies as are specified by the Order ; and that, for carrying into effect an arrangement with any foreign State, an Order in Council may provide that such officers of that State as are specified in the Order may exercise the like povt'crs nndir the vVct as may be exercised by a commissioned officer on full pay in the \nval Service of Her Majesty in relation to a British ship, and the equipment and crew and certificate thereof; and that any such Order may contain any limitations, conditions, qualifications, and exceptions which appear to Her Majesty in Council expedient lor carr .'ing into eifect the object of the said Act : And whereas the said Act applies to the seas within that part of the Pacific Ocean known as Bohrin? Sea, and within sueli otlier parts of the North Pacific Ocean as an north of the -i'ind parallel of nortli latitude : And whereas an arrangement lias hovn made between Her ]Majesty the Qmcimi ai.d His Imperial Majesty the Emperor of Russia, whereby Jiritish siiips engaged in Ininting seals within such parts of tiie said seas as are hereinafter specified may In' soiz( d by Russian cruisers : And whereas an Order in Council, intituled " Tlie Seal Fishery (Noi'th I'acifi' Order in Council, 1S9;V" was issue.l on the -tth day of July, 1893, proliil)itiiig tin' catching of seals by British ships witliin the zones as therein defined until the 1st d.iy of January. 1 894 : Now, therefore, Her Majesty, in virtu(» of the powers vested in her by tlie said recited Act, and of aH other powers (mablinu: her in that l)ehalf, is hereby ])lca'^("i. by and with the advice of her Privy Council, to order, and it is herel)y ordered. ;i- follows : - 1. l"'roTU and after the date of the present ()rd<>r until Her Majesty in (Jonn'd shall otJH'rwise direct, the catching of seals by Briti.sh ships is hereby proliilntcd within such ])arts of the .seas to which the recited Act applies as are comprised within the following zones, that is to say : — (L) -V zone of 10 marine mih^s on all the Russian coasts of Behring Sea and ilif North Pacific Ocean ; and (2.) A zone of 30 marine miles round the Komandorsky Islands and Tiilciiew (Robben Lsland). 2. Tlie Tiowers which, under the recited Act, may be exercised by any commis- sioned ofiicer on full pay in the Naval Service of Her M.ajesty may be exen-iscd In tin Captain or other oilicer in command of any war-vessel of His Imperial ^l.ijcstv the Emperor of Russia in relation to a British ship, and the equipment and crew and certificate thereof. 31 3. This Order may be cited as Council, 1894." 'The Seal Fishery (North Pacific) Order in (Signed) C. L. PEEL. No. 45. Mr. Howard to the Earl of Itosebery. — {Received February 19.) My Lord, St. Petersburgh, February 14, 1894. WHEN at the Ministry of Foreign Affairs this afternoon I asked Count Kapnist wlietiier the United States' Government had fepHert to the inyitation of M. de Giers to join our Sealing Agreement. His Excel'oncy answered that the Imperial Government had received a telegram from the Russian Minister at Washington, stating that Mr. A^'hite's despatch on this subject had not yet reached the State Department, but tliiit he did not think that the United States' Governmert would make much difficulty about consenting to a similar Agreement. I have, &c. (Signed) HENRY HOWARD. No. 46. Colonial Office to Foreign Office. — {Received March 1.) Sir, Downing Street, February 28, 1894. I AM directed by the Secretary of State for the Colonies to transmit to you, for the information of the Earl of Rosebery, with reference to the letter from this Depart- me.!t of the 29th December last, copies of a despatch fi-om the Governor-General of Canada, dated the 31st ultimo, on the subject of the renewal of the Sealing Agreement with Russia. I am, &c. (Signed) R. H. MEADE. Inclosure 1 in No. 46. The Eurl of Aberdeen to the .Marquess of Ripon. My Lord, Government House, Ottawa, January 31, 1894. WITH reference to your Lorrlship's telegraphic messages of the 26th and TtW\ December last in regard to the renewal of the Agreement with Russia for the lirotection of seals, I have the honour to forward herewith coj)y of an approved -Minute of the Privy Council, representing that steps have been taken to notify to the Biitisii Columbian sealers that the Agreement will probably be renewed for another year. i I have, &c. (Signed) ABERDEEN. Inclosure 2 in No. 46. Report of a Committee of the Honourable the Privy Council, approved by the Governor- General in Council on the 29M January, 1894. THE Committee of the Privy Council have had under consideration two telegraphic despatches, dated respectively the 26th and 27th December, 1893, from tlie Marquess of Ripon, the former of which announces that the Russian Government liaving applied for a renewal of the Agreement for the protection of seals of 1893 until luither notice, Her Majesty's Government have agreed, on the understanding that United Stntes' vessels would be subject to similar restrictions ; and the latter despatch sktts that the Russian Government will take steps for making similar arrangements witli the Government of the United States. mm 82 The Minister of Marine and Fisheries, to whom tlie tolej^rams were refcrr, d, states that, immediately upon tlioir receipt, he caused teloi^rapliic instructions to lie sent to the Collectors of Customs at Victoria and Vancouver, directing; them to notify sealnrs tli;it tlie Agreement with Russia would probably \w renewed lor another vcai. The Committee advise that your Excellency be moved to forward a. certitied c.py of tills M inute, if approved, to the Itight Honourable tl.(> Principal SeereUiry of Stdti' for the Colonies, for the information of Her Majesty's (rovcn'nnuMit. All of whicli is respectfuUv submiLL.d loi- vour l.x^-elltmcv's iippiov.il. (Signed) JOHN' J. McGEE, Clerk of the I'rini Cotntril. # I No. 47. The Earl of Kosebery to Mr. Fraser. (releijraphic.) Foreign Office, March 3, l^Ol, T SENT you on the 9tli ultimo an Order in Council ])r»longing the St-alniir Ariyngement with Russia. You should issue warnings as was done last year. No. 4,8. Foreitjn OJfice to Admiralty. Sir, Foreign Office, March 3, 1894. "WITH reference to the despatch from Her Majesty's Charge d'Affaires at St. Petersburgh, which has been communicated to you, on the .subject of the renewal until further notice of the arrangement with Russia for tiie protection of fur-seals ir. the North Pacific, I am directed by the Earl of Rosebery to transmit herewitii. for the information of the Lords Commissioners of the Admiralty, copies of an Order in Council passed on the 29th January last for the jjurpose of giving elVcit to that arrangement. Copies of this Order have heen forwarded to Her Majesty's Minister at T6ki6, aiil should be in his hands in the course of a few days. He has heen instructed by t^'legrapb to issue warnings to the British sealers whu nuiy shortly be ex])ected to appear in .Japanese waters of the prolongation of tlw arrangement with Russia, and of the restrictions imposed by it. It is desirable that the ^ame system of co-operation on the ])art of Her Majestvs cruisers with tlie vessels of the Imperial Russian navy as that in force last year for ilic policing of the waters affected by the Agreement, and for seizing and dealing with sealers infringing it, should again be put in foi'ce. That system has, so far as Lord Rosebery is aware, worked satisfactorily, and he would suggest that the instructions tu naval officers which accompanied the letter from this Department of the 30th Jiiiio last should again be issued. His Lordship would farther suggest, for the consideration of their Loidshijjs. tiiat it might be advisable, in view of the near approach of the sealing season, to inslriict the naval authorities in those waters by telegraph to take steps for warning iutendiiiL' scalers. I am, &c. (Signed) II. PERCY ANDERSON. No. 49. The Earl of Rosebery to Mr. Howard. Sir, Foreign Office, March G, 1891. WITH I'eference to your despatch of the 10th January in regard to the prolongation of the Sealing Arrangement with Russia, I transmit herewith copies of an Order in Council passed on the 29th January last for giving effect to tliut 33 i/flrcA 3, ] *^^l. arrangement, and of n letter to tlio Lords Commissioners of the Admiralty,* sugRestinp that similar steps should ho taken to those adopted last year for* insuring the co-operation of British cruisers Avith tlie vessels of the Imperial navy employed on this service. Copies of the Order have hecn also sent to ITer Majesty's Minister in Japan, and instructions have heen given to liim hy telegraph to issue the necessary warning to Britisli sealers. You should coramimicate the Order in Council to the Russian Government. I am, &e. (Signed) llOSEBEHY. No. 50. Colonial Office to Forciyn Office. — {Received March 7.) Sir, Ihirnini/ Street, March G, IS'.M. AVITir reference to the hitter from this Department of the 8th January respecting the arrangeni«!nt with Russia in legard to the seal fishery in the North Pacific, I am directed hy the Manjuess of Bipou to transmit to you, for the information of the Earl of Rosehery, a copy of a despatch and its inclosurc from the Governor-General of Canada, reporting the steps taken to give publicity to the renewal of this arrange- ment. Lord Ripon presumes that IJcr Majesty's Minister in Japan has been instructed to take the necessary ste))s for acquainting sea ling-vessels using Ja'ianese ports that tlie arrangement in question has been renewed. I am, etc. (Signed) JOHN BRAMSTON. ir at TAkio, ;ml Inclosurc 1 in No. "jO. The Earl of Aberdeen to th^ Marque.ss of Ripon. My Lord, Government Home, Ottawa, Fehriianj 13, 1891. WITH reference to your Lordship's telegraphic message of the Oth ultimo, requesting that publicity might be given to the intenticm of Her Majesty's Govern- ment to renew the Agreement as regards scaling in the North Pacific Ocean with Uussia, I have the lionour to inclose copy of an approved M inute of the Privy Council, wliich I have this day received, indicating the measures Avhich have been taken to comply with your Lordship's request. Your Lordship will observe that attention is directed also to the Minute of Council which accompanied my des|)atch of the 31st ultimo with reference to the steps previously taken with the same object. I have, &c. (Signed) ABERDEEN. NDF.RSOX. Inclosure 2 in No. 50. Report of a Committee of the Honourable the Privy Council, approved by the Governor' General in Council on the 8lh February, 1»94. THE Committee of the Privy Council have had under consideration a cable (lespat(di, dated the Oth January, iM)i, fi-om the Maniuess of Ripon, stating that it is (lesiralde that j)ublicity should l)e given to the fact tl.at the Agreement with Russia, l)roviding a 30-mil(! protective zone around the Russian seal islands, and 10 miles of Russian coasts, was about to be renewed until further notice, on the understanding that a similar arrangement was to be applicable to vijssels of the United States of America. The Minister of Marine and Eishcries, to whom the despatch was referred, desires attenti(m to his Report on tiie Privy Council References 223b 11 and 2239 II, being • No. 4». [366J tf l-'-'i 84 (Icsjjatdics (latril tlio 20tli and 27tii I'ccoiiibrr, isn3, rospoetivcly, from the ^lavqucss of llipoii, and approved l)y yoxir ExccUiMicy undor date tho 29tli January, 181) I, in wliicli tlu; action tuken by him (tlu' Minister of .^farino and I'isheries) is explained. The Minister states that, froru tlie above-mentioned liejiort, it will be obsci'vwl that tlio Collector of Customs at Victoria and Vancouver had been instructed to notify sealers that it was likely the Aijreemeut witli Russia would be renewed anotlici' year. The Minister furtluu states ttiat, on the rec(\i[)t of tin; despatch at present uihIit consideration, ho caused tlie following' fuitlier ti-legraphic d(!spateh to be sent to tiic Collector of Customs at thos'; ports : "The Governor-Ceneral has received official information to the effect that tiic British Government has aj^rced with tlie (jovernnuMit of llnssia for the renewal of the modus vlvfixli in the matter of the Ik'hrinL;' Sea seal lislusries until further nolici', on th(! undcn-standini^ that vessels of the United States are subject to similar iv-tiic- tiona." Tb(! Minister further reports that he has caused the foUowinij; Notice to \w prepared, which will appear in the next issue of the "Canada (ia/,(!tt'>: " — .. 1 '1( " Notice In Scalers. "Public notice is liereby given, that Her Uritannic ^fajesty's Government have arranged with the Imperial Ilussian Government for a i-enewal, imtil funher notic, of the Provisional Agreement of ]S<>;i. providing n jjrotective zone of HO miles aronnd the Komanilorsky Islands, in tlie Korlh Pneilie Oce:ni, and Tnlenew Island, or liobheii Reef, in the Okiiotsk Sea ; also a proti'ctive /,one of 10 miles along tlie shores of rlie Russian mainland. " All sealers found within these limits are liable to seizure by J ler Majesty's ships or those of the Imperial Russian Government." ' The Committee recommend tliat your i'l.veellency ho. moved to forward a certified copy of this ^linute, if ap])roved, to the Right Hontmrable the Principal Secretary ol' State for the Colonies, for the information ol' IFer Majesty's Government. All of which is respectfullv submitted for vonr Excellency's approval. (Signed) JOnN J. McGEE, Clerk of the Privy Council. No. 51. - . ,.■...,.■ • Foreign Office to Colonial Office. - ' ' ' • Sir, ' Foreign Office, March 10, ISl.t. I LAID before the Earl of Rosebery ycnir letter of the Gtb instant inclosing copy of a despatch from the Governor G(;nera I of Canada, veporiing the stejis taken to gixV publicity to the renewal of tlu! arrangement with Russia in regard to the seal iisliery in the North Paeilic. In reply to the inquiry contained in tie last jiaivigraph of your letter, I am directed by his Lordship to state that the Order in Council ior giviim' (dfeel ti tins arrangement was forwarded to Her Majesty's Minister in Japan by the mail of tlw 9th February, and that he was instructed by telegrapii to issue the necessary warning to Bvitisli sealers in those waters. ;. 4,.,, I am, &c. (Signed) FRANCIS BLRTIE. n, ,i- No. 52. • -iiirl if. ,>'^'^- 'r -'•'■' Mr. [Toward to the liarl of Kimberleii. — {Received March 18.) ''!■' My Lord, ^t- Petershurgh, March 14, 1891. I HAVE the honour to transmit hcre\\itli to your Lordship a copy of a note which I addressed to ^t. de Giers iii accordance witli the instructions contained in Lord Rosebery's despatch of the 6th instant, forwarding to his Excellency a copy Notice to Ik' 85 nf tho Order in Comieil respeetinn' (lie proloii^atidii ol'^the Sealing Arraiigeineiit with llus.sia. I liave, &c. ..'..• : ' ' ^ iSigiiod) HENllY IIOW'AIJI). Iiiflosiire in No. 't.i. Mr. IJo/r.nl to M. di: Gicrs. y[. le Afinistre, f 1) I ween our two Governments. I have lioeu instructed by Her Majesty's Princi})al Se:')ctiry of State for Foreign All'airs to forward to your Excellency the inclosed e )i)\ of an Order in Council, passed on the ]8th (IJOtli) Januavy, hy which that arraiigeniciit is carrie 1 into elleet. Her Majestv's Governnunit have su'^iiested t.) the Isolds of the Admiralty that similar steps sliotild he taken to those adopted l.ist year for insuniii: iiie co-iiperatnai (if r.ritisli cruisers with the vessels of the hnperial navy employetl on this service; and iustruclions have hricn given hy telegraph to H r Majesty's Minister in .Ta[)an to issue the n(!c(!ssary warning to British scnihu's. 1 avail, &c. .- ... (Signed) UEXHY lIOWAlll). .-■■ ■ \v . ;,. ■ -■: , Xo. 5;>. . ,. Colonitil Office to Forrhjn Ojficr. - (Hrvriicd Matj \ \.) >; . ' C.'i M ■iv.' y Sir, Downing Street, May 10, 180 1. WITH reference to pievious correspondi-nee, I am directed hy th(> ]\lar(piess of Klpon to transmit to you, for the ini'oruiati in uf the Earl of Xiniherley, a copy of a d(>spatch and its inclosures I'roni th(> Gi.vtnaun'-deneral of Canada, showing the steps taken hy the Dominion Oovernnieut to give puhh'city to the Agreement with Russia as to the seal fish(>ry with the North facilie. I am, &-^i. ,-,,.:.,.,.„; .,j (Signci) JOHN BRAMSTON. ■'mm [ . -^ ■ ..| ; . i » ■ ■■' w ■ ■ :,r'4- i' ,1 "^v Inelosuie 1 iii Xo. 5!}. ' '•• ■ ■' !' .'! The Kftrl nf Abrrder)! lo the Marquess of Rijion. : )\'V: Mv Lord, : ' Govrrnnuiit House, Ottawa, April 2\; lH*,)k Wri II reFrrence to your Lordshi])'s (h'spateh of the 20th March, transmitting a cnpy of an Orde. uf ller ilajesty's Council of the 20th January last for e.xtendinv,- tlie'Provisional Agreement entered into with ll;issia in 1808 in regard to sealing in the North Tacilic Ocean, I have; the honour to lorward hercAvith co])y of an approved Minute of my Vrivy Ccmneil, indicating the steps taken by the Government to giv due publicity' to the renewal of the Agreement. ■ 1 have, &c. '■ ■■-' ■■■:.■ . r ■■ ^r ;•: ' (Signed) ABHUDEEN. ive Inclosure 2 in Xo. 53. jPGT.r lieporl of a Committee of the Honourable the Ihir'/ Council, approied Iti/ the Gotrernor- "' , ■" ■ General in Council on the \bth April, \H{)4'. ;• ' •;-! riTf fir'l 'i;. if ''h\t'Mii Hi'. t'.';~9. '•' :• H'riri THE Committee of the Trivy Council have had imder c msiderati(m a dc^jiatch, hereto attached, dated the 2i)th ]\iarcli, 1^0 1, from the Colonial Olhce, transmitting a coDv of an Order in Council of the 20th January, 1801, respecting the seal iishcrv in [8GG] h' 2 ' ■ . .t »■• ,: i . i# r ■ .■■ ! "Ml' i f: ■ 86 tlie North Pacific Ocean, oxtendintj the Provisional Ai^rocment entered into with Hiissjn in 18n;j, providing protective zones of 30 and 10 miles respectively around the Russian seal islands and along the Russian coasts. The Minister of Marine and Pislieries, to whom the despatcli was referred, states that, upon the receipt of the announcement that an Agreement had heen nMcliod for a renewal of the arrangement of 180.3, the Colleelor of Customs at Victoria was, oii the 7tli January, 180 1, notiKcd of the fact. He replied that he had promulgated the information in cvcrv possible way, hut that twenty-nine vessels had already sailed lor Japnn. The Minister recommends that, although s+eps were taken at the time to nnlifv the sealers that the arrangemcmt had been reached, a copy of the jn-esent Order iii Council formally aifecting the Agreemcmt he comniunicate(i to the Secretary of Stiitc; for Canada, for early publication in the " Canada Gaz('tte." The Committee, on the recommendation of the .Minister of Marine and Fislicrics, advisi that a certified copy of this Minute, if approved, be forwarc'.ed to the Highi Honourable the Principal Secretary of State for the Colonies. All which is respectfully submitted for your Excellency's approval. (Signed) JOHN .T. McGEE, Cleric of the Privy Cnnncil. ^o. 54. Sir J. Pauncefote to the Earl of Kimherley. — {Received June 11.) My Lord, Washington, June 4, 1894. I HAVE the honour to inclose a copy of the modus vivendi which has boon concluded between the United States and Russia, for the protection of fur-seals, with a zone of 10 nautical miles along the Russian coasts of Behring Sea and of the Xorth Pacific Ocean, as well as within a zone of 30 nautical mil(>s round the Commander Islands and Robben Island. I have, &c. (Signed) .JULIAN PAUNCEFOTE. Inclosure in No. 54. Agreement between the Government of the United States and the Imperial Govern- ment of Russia for a modus vivendi in relation to the Fur-seal Fisheries in Behring Sea and the North Pacific Ocean. FOR the purpose of avoiding difficulties and disputes in regard to the takinij of fur-seal in the waters of Behring Sea and the North Pacific Ocean, and to aid in the preservation of seal life, the Government of the United States and the Imperial Government of Russia have entered into the following temporary Agreement, with the understanding that it is not to create a precedent for the future, and that the Contracting Parties mutually reserve entire liberty to make choice hereafter of such measures as may be deemed best adapted for the protection of the fur-seal species, whether by means of prohibitive zones, or by the complete prohibition of pela2;ic sealing, or by appropriate regulation of seal-hunting in the high seas : — 1. The Government of the United States will prohibit citizens of the United States from hunting fur-seal within a zone of 10 nautical miles along the Russian coasts of Behring Sea and of the North Pacific Ocean, as well as within a zone of :U) nautical miles around the Komandorsky (Commander) Islands, and Tulienew (Rohben) Island, and will promptly use its best efforts to insure the observance of this prohibition by citizens and vessels of the United States. 2. Vessels of the United States engaged in hunting fur-seal in the above- mentioned zones outside of the territorial waters of Russia may be seiz(Kl and detained by the naval or other duly commissioned officers of R\issia ; but they ^^hall be handed over as soon as practicable to the naval or other commissioned officers of the United States, or to the nearest authorities thereof. In case of impediment or difliculty i?i sn doing, the Commander of the Russian cruiser may confine his action to seizing the ship's papers of the offending vessels in order to deliver them to a naval or other ^T 87 loiniiiissionocl odicor of tho United States, or <> connminieato them to the nearest ;:iitli(ii'ities of the I'liited States as soon us ])ossihle. ;{. 'I'lie Oovoriinieiit of the T'nited States at^rees to eause to he tried hy the I rdinarv Courts, witli all due guarantees of defenee, sueh vessels of the TJnitsd States ns may he seized, or the ship's pajjers of Avhich may he taken, as heroin prescrihod, hy ivasnn of their eniijayinc; in the iiuntini;:of fur-seal within the prohihit''d zones outside ( r the territorial waters of Kussia aforesaid. J.. Tho Imperial Kup "an (lOvonuiKMit will limit to :U),000 head the numl)er of fur- seal to he taken during the year 1801 on the coasts of the Komandorsky (Commander) ;;nd 'fulcnew (llohhen) Islands. 5. 'I'he present Agreement shall have no retroactive force as regards the seiztire "f ;iny seal-hunting vessel of the United States hy the naval or other commissioned officers of Russia prior to the eonelusioii lien>of. (>. 'J'lie present Agreement. ii(>iiig intended to serve the piiry)Ose of a nuM'e jirovisional expediiMit to meet existing cireinnstanees. may ho terminated at will by cither party upon giving notice to tlie other. Ju witness whereof, we, Walter Q. ( Jresham, Secretary of State of i\ No. 55. NCEFOTE. Colonial Office to Forriyn Office. — {Received June 10.) Sir, Downing Street, June 16, 1894. T AM directed by tho Secretary of State for the Colonies to transmit to you, for the information of the Earl of Kimhcrley, with reference to the letter from this Department of the 10th ultimo, copy of a d<>spateh from the Earl of Aberdeen to the Marcpiess of Ripon, with inclosures, on the subject of the Sealing Agreement with Jlussia. I am, &c. (Signed) R. H. MEADE. Inclosure 1 in Xo. 55. The Earl of Aberdeen to the Marquess of Ripon. My Lord, Government House, Ottawa, May 19, 189t. I HAVE the honour to forward herewith copy of an approved Minute of the IVivy Council, siibmitting corrcspondcnci^ showing tiie steps taken hy the Collector of ('ii>;t()ins at Victoria to make known to the sealers the renewal of the Agreement iiptween Her Majesty's Ciovernment and Russia providing for ]n'otective zones around the Russian seal islands aiul along the Russian coasts in the North Pacific Ocean. I have, &c. (Sigded) ABERDEEN. Inclosure 2 in No. 55. Kilrar.l from a Report of the Committee nf the Honourahle the Privi/ Council, approved by the Governor-General in Council on the ]!'ith May, i894. ON a Report, datad the 9th May, 1894, from the ilinister of Marine and I'isheries, submitting, in reference to the approved Minutes of Council of the -9tli January, 8th February, and l(5th April, 1894, advising Her Majesty's Govern- ment of the steps which had been taken by your Excellency's Government for the promulgation of the renewal of the Provisional Agreement entered into with Russia ilil li'i- ' S'^f' Ik \.',v u %U i' 1 ■ K' WJ,>" II ■i ' Ml ♦ r 88 for protcftivo zones around tilt' Kussiiiii .seal iNlniuls and aliiit,' tins RnsNian rduMs, i,, the Nortli I'ucilic Ocean and (Jkliotsk St a, the ai)|»en(lt'd li-tter tVuin tli(! Cdllcctdii,' Customs at Victoria, explaininj; tiie inctliod adopted h\ iiini to ell'cct tla; warnin,', aihi inclosing; letters from Her Majesty's Consuls ut Yokohama and llnkodatc {nU, appended) acknowledging^ the receipts of notices to the sealers, and pniiiiisinu; di'livcA thereof to the masters of vessels calling' at their port as occasion olVercd. The Committee, on the reconnneiulation of the Minister of Mariiu* and I'lslniir., advise that your Excellency lie moved to forward a ccrlilicd copy of this Alinutc, if approved, together with its appendices, to the iJight lloiiourahle the Primijiiil Secretary of State for the Colonies. All which is respectfully suhmitted for your Excellency's approval. 1 Signed) .lUlfN .1. McC.EE, Clerk of the Priri/ C'oiimil. Sir, '" ■ " '' Customs, Victoria, Cnmitla, Ajiril •2Ci. l*-!)]. I have the iKmoin* to ackno\vledi,'e the rec('i])t of your letter, dntcil iIk 12th instant, referring to Hie telegram of the lloiiourahle tlie Minister of Marinr Mml Fisheries, dated the 7tli January last, informing me that lli-r .Majesty's (loveriiiiicn! had agreed with the Russian (roveriiment for a renewal of the Provisional .\i;ici incni of IBM, to which I replied to the llcmoiirahle the ^liiiister of Marine and iMslurirv that his telegram was promulgated in (>very possible way. I heg to stat(> that, in addititm to the notification given to all the nia.strrs (,| sealing-vessels at that time in jiort, as well as to all the resident owners, cojiiis in scaled envelopes were sent to the British Consuls at Yokohama and Hakodate, .iMpmi. the two ports frequented by sealing-vessels while in JapaiicM" waters, 'i'he lriiL'i> acknowledging the receipt of thost; notices are herewith inchised, for your inforiiir.tioM I do not think that any further steps are necessary for the promulgation ol' ihf. same, as you can assure the Minister that all the sealing fleet which sailed from tlli^ jjort fully and perfectly undci'stood the terms of the renewal of the Agrcciiicht providing protective zones around the Russian seal islands and along the Itussiaii const. • .1 : ' I have, &c. ' . , . (Signed) A. R. MIJ.NE, r'«//a/or. Wm. Smith, E-sq., . ■ '. -^ Deputy M inister of Marine Jiiid Fisheries, Ottawa. Sir, British Conxulate, Yolfohania, Fehruanj 0, ]>-()4. I have the honour to acknowledge receipt of your letter of the 17th ultimo. transmitting thirty-four notices to Canadian sealing-vessels concerning the re-(stid)li>!,. ment of the Agreement of last year between the British and Jfussian (loveiiniieiits resjiecting the protection of seals within certain prohibited zones around the RusNiaii coasts. I shall cause these copies to be delivered to the masteis of the schooners iwiiiicd as they arrive in this port. , , , 1 am, &c. '■■ I, Signed) JAMES TROUR, Co/Ksu/. A. R. Milne, Esq., Collector of Customs, . ^ .Vicliyria, British Columbia. Sir, British Consulute, Hakodate, February 12, 18!H. I have the honour to acknowledge the niceipt, through ll(>r Alajesty's Consul at Yokohama, of your letter of the 17th ultimo, with its thirty-four envelopes tu lie delivered to tlic Canadian sealing-sehoontsrs that may arrive liere. It will give me much pleasure to carry out your wishes in r<>spect to this matter. I have, &c. •'■•:• •■ '• • ■• - (Signed) J. C. IJALL, Con.vi,'. A. R. Milne, Esq., Collector of Customs, . .t Victoria, British Columbia. ■ i.fj 8fl> No. 6ti. , J-V-Vl Mr. llninird to tlw F.irl of K'nithfrhii. — [Rcreii.ed July 23.) MvLtxI St PetPr.ibiinjh, July 19, \fi9l. WITH r'f.T»nirc ti. niy (Ifspatiili of tlic 7tli 1)i'c-lmu1)ct last n-siKfting the rpqiK-*: miii(lK» to M. rle friers tliat, Her ^fajcsty's Oovernment nii^ht W funiished willi ccil-i": ! r-irTu,Mit:iry cvidciu'c roIativ(( ti)"tli(' seizure of Caii:uliim sealers in 1892. 1 liiM-v 'iir to inform your Lonlsiiip tliat last week 1 iij:ain asked Count K'lji'ii'-I «iu" nKvir r'le Afinistcr of Marine, to whom the request had been referred, had (•(imi" 1" ^'ut' "I'^'i^ioii in Hie matter. ]!i«. Excio^lleney's reply was that Admiral Tehikhatchow had not yet sent an answer ti* lllui--*':)miiuitii(:ati-)n frxn the Ministry of ForciL^n AITairs on this subject, but il,a1 ill.' bili!«"ir wiiiiid write to him uiiaiu. I have, &e. (Signed) HENRY HOWARD. No. 57. Thf Earl of Kimberley to Sir F. Lascellen. ' Sir, Foreiijn Office, Auijusl 1, ISGl. 1 ITAVE n^TOi'ved ^fr. Howard's despatch of tlu; l!)th .Inly, reijorting that ii(i r. ]ily \rml lii«M'n received from the llussian (iov(;riiment to the apjdiention of Her .\laji"-ly"» «;«»vfniment to hi' furnished witli certain documentary evidi-ntM.- in con- Hccliiin irajla ttlii^ seizure of Canadian sealers in 1S!)2. 1 linxf tKn rifjuest your Excellency to give ll is matter your early attention. ' •. I am, &c. (Signed) KIMBERLEY. jXK, ('olh'vlnr. No. 58. air F. Lancellea to the Earl of Kimberley. — (Received August 20^ eliooners nuiiiwi LOUr, Connul. My Lord, St. Pefersburyh, August It, 189-4. i\' ara mtnTdt^w which I had with Count Kapnist yesterday. I oliserved to his txcellciK'y nlwilt ao answer had yet been returned to the note which Mr. Howanl had a(l(li'i^s(-jl lt«> M. lie (Hers on the 13th (25th) November last on the subject of the apiilieriliwra ir»f Her Majesty's (Jovernment to be furn.ishcd with certain docunicntaiT cvifleii'ie 3311 (ti'mnif^ction wi*h the seizure of Canadian sealers in 1892. I adde]ica.lii(Oiini wijkI<^ to him by the ^linister for Foreign Affairs. 1 I'xjuicsMiJl the hope that his Excudhincy might be able to furnisli me shortly with :i rcjijy iai ilm cami. I have, &c. (Signed) FRANK C. LASCELLES. a\U JiR^ if a My lx)r(l. 40 No. 5!). Sir F. Lascflles In the Earl of Kimlwrti'i/. — {Received Septemher 17.) St. I'l'lernlmv'/li, l^eptemlirr S, |Si)| I HAVK the honour to inclose a copy of a note uhicti f have adilics^,.; to M. (Ic (licrs, calling' liis p]xcelloncy's alteiition to tlu^ dehiy \vhi(di lias oitihii i in meotiiiir the !ip|)lication of Her Majesty's (rovernnienf for certain (locimnntaiv evidence in connection with the seizure of Canadian sealers in IHOJ, in, i exprcssins? tlu> iiope that 1 may ho favoured with tlio rejily of the linptiiia to in e Govern inent I have, &c. (Sii,'ncd) rUANK C. LASCELLKS. luelosure in No. 59. Sir F. Laurel le.s to i\f. de Giers. M. In Ministre, St. Peteisburyh, Aiiyiist 21 ( September ^), 1S1I|. ON the IStli (iotii) Novemhor of last year ^Ir. Howard liad the lionmn- if addressing; a note to your Excellency, to conimunicato the re(|uest of Her Majesty'v (lovernment Ui he furnished with ecrtain documentary evidence in connection wit', the seizure of Canadian sealers in 181)2. In the early part ot Deeeinher Mr. Howard reminded Count Kapnist that no ropl, had been received from the llussian Government on the suhject, and shortly after mv arrival at St. Petershuryh I ;',j,'aiu hro\ii;ht the matter to the notice of Count Kiipiiisi, who informed me, as he had previously on more than one occasion infornicd Mr. Howard, that the apjjlicatiou had hee.i forwardcnl to the Imperial ^Ministry (ji Marine, from \|Jiom no rej)ly had yet heen received. I have been uistructed hy Her Majesty's Principal Secretary of State f(j; Foreiijn Affairs to call your Excellency's attention to the delay whieii has occiu'red in meetiui; this application of Her Majesty's Go' cniment, and to exj)rt!ss the hope that 1 may be favomvd with the reply of the Impc:rial Government. I avail, &e. (Si-ned) V. EASCELM-S. No. (iO. Colonial Office to Foreiyn Office. — (Received October 2) Sir, Doiniiny Street, October 1, 1801. I AM directed by the Secretary of State for the Colonies to transmit to you, fdi' the information of the Earl of Kimberley, a copy of a despatch from the Govenioi- General of Canada in regard to the measures to be taken by the Russian Goverunieiii for the protection of maritime interests in their north-eastern territories and seas. I am, &c. (Si^med) R. H. MEADE. Inclosure 1 in No. 60. The Earl of Aberdeen to the Marquexn of Ripon. My Lord, The Citadel. Quebec, September 10, 1891. WTin reference to your Lordship's dc^spatch of the liJh'd .July last in regard td the measures to be taken by the llussian (.Joverument for the protection of maritime industries in their north-eastern territories, I have the honour to inclose copy uf an approved Minute of the I'rivy Council, expressini; the thanks of the Government fur the information contained in your Ii0rdshi])'s despatch. I have, &c. (Signed) ABERDEEN. m 41 Inclosurc 2 in No. 00. Extract from a Report of the Commitfee of the Honourable the Privy Council, approved by the Qovernor'Qeneral in Council on the \th September, 1B!)1. THE Committee of the Privy Council have had under consideration a despatch, dated the S.'Jnl July. 185)1, from the Colonial OfTice, eoverini; ' ojjy of a communication from ITer Majesty's Representative at St. Petcrsl)urn;h, dated the l^th September, 1893, ftuno'incins the reported discussion in the Imperial Ministry of the Interior by the Govfrnor-Gcnoral of the Amur Provinces on the (luestion of more energetic measures belli!; taken for the protection of the whalins? and other maritime industries of the noi^h-eastern territories and seas of the Russian Empire, and more especially of the Rusiian coasts of the Okhotsk and Behrinf^ Seas against foreign poachers. Th(> Minister of l\[arino and Fisheries, to Mhom the despatch and inclosuro were refcrrid, states that it is asserted that every year some forty foreign ships, principally American, engage in illicit hunting off Chukotsk Peninsula, and that the extermination of whales and walrus, and other valuable species, is proceeding in Russian waters with great rapidity. The Minister further states that he is unaware of any of Her Majesty's subjects in Conada frequenting tho waters in question for the purposes mentioned, or, indeed, auy of the Asiatic ^\aters of the North Pacific Ocean, for any other purpose than polagic sealing, and those engaged in that business do not, so far as he can ascertain, invade the territorial waters of any nation. The ^Minister observes that it is, however, as Her Majesty's Representative surmises, interesting for your Excellency's Government to learn that the attention of the Russian Government has been called to the alleged ; i .rularities committed by foreign ships, as it will enable them, in the event of any ship i Iting out for operation ill tiiose waters, to warn them against eneroaehments of the kitul reported. Tlie Minister further observes that he has read witli gn at satisfaction the closing paragmph of Mr. Howard's communication, in whiel le stales he used the term " territorial waters '' because all the Russian Regulation;* lor the protection of maritime industries cuti, .?s regards foreigners, only apply to such waters, M. Chichkine having told him, wiiii reference to the Law for the protection of I ur-seals of last year, that thfo was no question of extending Russian jurisdiction beyond territorial waters. The Committee, on the recommendation of th(^ Minister of JIarine and Fisheries, advise that your Excellency be moved to convey to the Right Honourable the Principal Secnitary of State for the Colonies the thanks of the Canadian Covernment for the information contained in the above-mentioned despatch. The Committee, on the same recommendation, advise that a certiCcJ copy of this Minute, if approved, be forwarded to tho Right Honoumble the Principal Secretary of State for the Colonies. All which is respectfully submitted for your Excellency's approval. (Signed) JOHN J. McGEE, Clerk of the Privy Council. [. MEADE. No. 61. Colonial Office to Foreign Office. — {Received December 31.) (Extract.) Downing Street, December 29, 1891. WITH reference to previous correspondence, I am directed by the Marquess of Ripon to inform yoti that a despatch has been received from the Governor-General of Canada relative to the Sealing Agreement with Russia. The Canadian Government do not object to the terms of the Agreement so much as to the legislation for giving effect to it. With regard to an objection to section 1 of the Imperial Act urged by the Dominion Government, Lord Ripon thinks that it might be met to some extent by limiting tho power to detain or seize the vessel or her equipment to cases where the officer is satisfied that there has been an actual contravention of tho Act. His Lordship considers also that the provision of s. ition 1, Mhich throws on the master of a sealing-vessel foimd within tho prohibited zone the onus of proving that he is there with innocent intent, might be omitted. [866) Q ^!^! .'! '■••„?'}:';'.(,:, 42 No such provision is inserted in the Uehring Sea Act of this year, and his Lordship is satislied that the masters of the sealiiig-vosscis i^enerallv have no desire to risk iheh' vessels by contravantiou of the arrangements, and that in view of the prevaleuco of fogs and currents in the seas in (question, the provision throws an unfair burdcui on ilif master. No. 02. Foreign Office to Colonial Office, Sir, Foreign Office, Jannary 1, 1895. I AM directed by the Earl of Kimberley to state that, in his opinion, even- precaution should be taken to insure, during the coming seal fishery season, a strict observance of the Agreement with Russia, and that it will bo desirable to remind tlip masters of British sealing-vessels proceeding to the North Pacific that tJie ArraiiL'c- ment remains in force. His Lordsliij) therefore pro))osc9, with tht> eoncurreiiee of the Secretary of State for tlie Colonies, to address a telegram to I liu- Majesty's Minister at T«')ki6, instruetinn' him to inform Her Majesty's Consuls in Japan that British sealers should be warned, as in previous years, not to approa(!li within the limits sjieeiUed in the Agreement. 1 am, &e. (Signed) i<^llANCIS BEIl'I'TE. No. 63. Colonial Office to Foreign Office. — {Received January 8.) Sir, Downing Street, January 7, 1805. r AM directed by the Marquess of Ripon to acknowledge the receipt of your letter of the 1st instant, and to state that he concurs in the proposal of the Earl of Kimberley to instruct Her Majesty's Minister at T6ki6 to have a warning issued to masters of British sealing-vessels with the view of securing a strict adherence to the Agreement with Russia. Lord Ripon presumes that the Foreign Office will communicate with the Admiralty in order that the officers commanding Her Majesty's ships may also warn any sealers whom they may meet. I am to inquire whether Lord Kimbei'ley has any information regarding tlie intentions of the United States' Government as to continuing their Agreement with Russia, and I am to o1)serve that, in view of section 5 (('») of " The Seal Eislior; (North Pacific) Act, 18!);j," fresh legislation in this country will become necessary before the 1st .Tuly. As tlie sealers will shortly be starting. Lord Ripon proposes to telegraph to the Governor-General of Canada to remind his Government that the Agreement with Russia was continued imtil further notice, and to ask them to warn sealers elearina; for the RussiaTi side of the North Pacific. I am, &c. (Signed) EDWARD WINGFIELl). No. Ct. The Earl of Kimberley to Mr. Trench. (Telegraphic.) Foreign Office, January 8, 1895, 6-45 P.M. SEAL Fishery Arrangement with Russia remains in force. Her Majesty's (Jot suls shculd warn British sealing-vessels as before not to approach within the limits specified. 43 Tfo. 65. Foreign <')ffice to Admiralty. Sir, Foreign Office, January 10, 1895, WITH reference to my letter of the 3rd IVIavch last, I am (lirceted by the Earl of Kiniberley to state, for the information of the Eoard ol' Admiralty, that tlie arrange- ment with Russia for the protection of fur-seals in the North racific remains in force. Her Majesty's Minister at Tokio has been instructed, by telegra])h, to warn masters of British sealing-vcssels that tlie AgrceuK'ni continues to l)o binding. It is desirable that the Commanders of Her Majesty's sliips should co-operate with any vessels of tli(> Imperial Russian navy wliicli may i)t> detailed for the policing of the waters affected by the Agreement, and for seizing and dealing Avith sealers infringing it. Lord Kiraberley directs me to suggct-t that orders should be issued to them with that object, and that they should be instructed t(» warn the masters of any seaJing- vessols which they may meet. I am, ifcc. (Signed) FIJANCIS BERTIE. IS berth:. No. 66. Foreign Office to Colonial Office. Sir, Foreign Office, .January 10, 1895. WITH reference to your letter of the 7th instant, I am directed by the Earl of Kindjerley to transmit to yon, to be laid before the Marcjuoss of Ripoii, a paraphrase of a telegram addressed to Her Majesty's Minister at Tokio,* informing him tliat, as the Agreement with Russia relative to the seal fisheries remains in force, British sealers sliould be warned, as in previous years, not to approach Avilhin tlu' limits specified in the Agreement. The Lords Commissioners of the Admiralty have been requested to instruct the Commanders of Her Majesty's ships to warn any British sealiM-s whom they may meet, and also to co-operate with such vessels of the Russian Imperial navy as may be detailed for the patrol of the waters ail'ected by the Agrecnient. The Agreement between Russia and the United States, Article VT, pi'ovides that it may be terminated at m ill by either party upon giving notic(i to the other. No intimation has been received of such notice lieiiig liktdy, ])ut copies of this correspond^ nee wdll be forwarded to Her Majesty's Ambassador at Washington, and his Excel '.ency will be instructed to ascertain from ^Ir. Gresham whether the United States' Government have any intention of altering or terminating the arrangements by which they are at present bound. I am to add that Lord Kiniberley concurs in the telegram wiiieh Lord Ripon proposes to address to tlie Governor-General of Canada on the subject. I am, &c. (Signed) b'RANCIS BERTIE. No. 67. The Earl of Kiniberley to Sir J. Paunrefote. Sir, Foreign Office, January 11, 1895. I TRANSJillT to you copies of eorrespondeuorf with the Colonial Office and Admiralty, and of a telegram to Her Majesty's Minister at Tokio,t relative to the measures necessary to insure, if possible, during tin; eoniiug season, a sti'ict adherence to the Agreement between Great Britain and Unssia resjK'eting th<.' fur M.'al fisheries. The Agreement betwei"' tiie United Suites and l.'ussia jiiMvidi-s lArtielid that it may be terminated at will by eitlnr party upon giving;' Uiitice to t'u' otl.cr. No intimaticm lias hcvn received of such notice iieiiig likely, but it is desirable • No. C». t -^'os- 62, C3, C-J, Go, ami GU. [366] ■ G 2 M i'M- 4A ■ that your Excelleucy should mention to Mr. Groshani the instructions issued with regard to British scalers, and that you should ascertain whether the United States' Government have any intention of altering or terminating the arrangements by which they are at present bound. I am, &c. (Signed) KIMBEBLEY. No. 68. The Earl of Kimberley it Sir F, Lascelles. Sir, Foreign Office, January 12, 1895. I TRANSMIT to your Excellency copies of correspondence, as marked in the margin,* relative to the measures necessary to insure, if possible, during the coming season, a strict adherence to the Agreement between Great Britain and Russia respecting the fur-seal fisheries. I request that your Excellency will take an opportunity of communicating to M. de Giers the instructions issued by Her Majesty's Government, and of inquiring whether any vessels of the Russian Imperial navy will be detailed this year for the patrol of the waters affected by the Agreement. I am, &c. (Signed) KIMBERLEY. No. 69. Colonial Office to Foreign Office. — {Received January 16.) Sir, Downing Street, January 15, 1895. I AM directed by the Secretary of State for the Colonies to transmit to you, tor ♦he information of the Earl of Kimberley, with reference to the letter from your Department of the 10th instant, a copy of a tohigram from the Secretary of State for the Colonies on the subject of the Agreement with Russia regarding the seal lishcries. I am, &c. (Signed) R. U. MEADE. Inclosure in No. 69. The Marquess of Ripon to vhr. Earl of Aberdeen, (Telegraphic.) Down.mj Street, January 12, 1895, 5*25 P.M. AS Russian Sealing Agreement was rcucivcd until further notice, Her Majesty's Government would be obliged if your Ministers would remind sealers that Agreement is in force still. No. 70. Admiralty to Foreign Office.—{Receioed January 18.) Sir, Admiralty, January 17, 1895. WITH re:'£erence to your letter of the 10th instant, I am commanded by my Lords Commissioners of the Admiralty to acquaint you, for the information of the Secretary of State, that the following telegrams hare been sent to the Conimanders>in-chief on the China and Pacific Stations respectively : — • Not. 62, 63, 64, 65, 66. and 67. 46 > '^1 MBERLEY. To Commander-in-chief at Chefoo. " Admiralty, Jcnuary 17, 1895. « Sealing arrangements with Russia, and instructions 189y, rcr. tin in force next season. Arrange accordingly." To Commander-in-chief at Callao. " Admiralty, January 17, 1896. " Sealing arrangements with Russia, and instructions 1893, remain in force next season. Arrange accordingly." I am, &c. (Signed) EVAN MACGREGOR. No, 71. • Sir F. Lascelles to the Earl of Kimberley. — {Received February I.) My Lord, St. Petersburgh, January 23, 1896. I HAVE the honour to transmit herowith a copy of the note which, in compliance with the instructiona contained in your Lordship's despatch of the 12th instant, I have addressed to M. de Criers, communicating tu his Excellency the instructions issued by Her Majesty's Government to insure, as far as possible, during the coming season, a strict adiierence to the Agreement between Great Britain and Russia respecting the fur-seal fisheries, and inquiring whether any vessels of the Russian Imperial navy would be detailed this year for the patrol of the waters affected by the Agreement. I have, &c, (Signed) FRANK G. LASCELLES. Inclosure in No. 71. I. MEADE. Sir F. Lascelles to M. de Hiera. M. le Ministre, St. Petersburgh, January 9 (21), 1896. I HAVE the honour, in obedience to the instructions which I have received from Her Majesty's Principal Secretary of State for Foreign Affairs, to take this opportunity of communicating to your Excellency the instructions issued by Her Majesty's Govern- ment to insure, as far as lies in their power, during the coming season, a strict adherence to the Agreement between Great Britain and Russia respecting the fur-sealing fisheries in the Nortii Pacific. Her Majesty's Minister at T6ki6 has been instructed, by telegraph, to issue through Her Majesty's Consuls a warning to masters of British scaling- vessels not to approach within the limits specified in the Agreement. The requisite steps have likewise been taken to ask the Governor-General of Canada to warn British sealers clearing for the Russian side of the North Pacific ; the Commanders of Her Majesty's ships will further be instructed to convey <* warning to the masters of any sealing.vessels which they may meet, and to co-operate with any vessels of the Imperial Russian navy which may be detailed for the policing of the waters in question. In communicating the above to your Excellency, I am further requested to inquire whether any vessels of the Russian Imperial navy will be dispatched this year for the patrol of the waters affected by the Agreement. I avail, &c. (Signed) FRANK C. LASCELLES. No. 72. Sir J. Pauncefote to the Earl of Kimberley. — {Received February 2.) My Lord, Washington, January 24, 1896. WITH reference to your Lordship's despatch of ^he 11th instant, inclosing copies of correspondence relative to the measures necessary to insure, if possible, during m 46 the coming season, a strict adherence to the Agreement between Great Britain and Russia respecting tho fur-seal fisheries, and instructing me tD ascertain whether the United States' Government have any intention of altering or terminating the similar arrangement between the United States and Russia, I have the honour to inform your Lordship that the Secretary of State assures m(^ that the United Stjites' Government have no present intention of altering or modifying that ai-rangement. In accordance with your Lordship's direction, I mentioned to Mr. Gresham the instructions issued with regard to British sealers. I have, &c. (Signed) JULIAN PAUNCEFOTE. m .; ?H Jin- •.■r.-;i .. No. 73. Sir F. Lascelles lo the Earl of Kimbrrl'ii. — {Received Fehmani 4.) My Lord, St. Petershmjh, Jamianj 2G, ISO.'). WITH reference to Mr. Howard's despatch of the lS)th July last and to pnnious correspondence respecting the seizAire of Canadian sealers in 1S92, I liavo the honour to transmit herewith to your Lordship a copy of a note which I l>aA c received from M. Chichkine, inclosing the logs of the seliooners " Vancouver Belle " and " Carmolite," copies of the Protocols relating to tlie seizure of these vessels, copies of tlie sentences of confiscjvtion, an extract from the Report of the Comroandcr of tho squadron in the Pacific concerning the seizure of the " Carmolite," an extract from the Report of the Commander of tiie " Zabiaka " concerning the seizure of the "Vancouver Belle," and, lastly, a copy of a map drawn up at the Russian Admiralty, indicating, according to Russian and English data, the place where the seizures were effected. The above map is furnished, as no charts Averc found on board the- seized schooners, and it is requested that tlic log-books may cvontually be returned. M. Chichkine concludes by stating tliat the competent local authorities have boon instructed to communicate to the Imperial Iklinistry the documents eoncernini^ tlie seizure of the "Rosie Olsen" and the "Marie" (tlicse papers being still in tlie possession of the Vladivostock Prize Court), and tliat as soon as they have l)een received they will be forwarded to Her Majesty's Embassy. I have, &c. (Signed) PRANK C. LASCELLES. HI' Inolosure in No. 73. M. Chichkine to Sir F. Lascelles. M. TAmbassad mr, Saint-Pe'tersbourg, /ell (23) Janvier, 1895. EN reponse h la note de votre Excnllence du 22 AoAt (8 Septembre), j'ai rhonncu. de vous {aire parvenir ei-joint le« documents so rapportant a la saisie operee par nos OFoiseurs dans la Mer de Bebriug des schooners Camwliens " Vancouver Belle " et '^- Carmolite," se livrant h. la peche aux phoques ti fourrure dans nos eaux. documents dent Mr. Howard nous avait demande la cor nunication par sa note du 13 (25) No- vembre, 1893. Ce dossier se compose des pieces suivantes : — 1 et 2. Les journaux de bord des deux schooners susmentionnes ; 8 et 4. Des copies des Protocoles de saisio des dits bAtiments ; 5 et G. Des copies de I'arret de leur confiscation : 7. Un extrait du Rapport du Chef de I'Escadro du Pacifique concernant la saisic du scfcooneE ^ Garmolito ; " 8. Un extrait du Rapport du Commandant du " Zabiaka " concernant la saisic du schooner " Vancouver Belle ; " 9. La copie dune carte dressee par I'Etat-Major de la Marine Impdriale. et indiquant, d'apr6s les douuecs Russes et Anglaises, le point ofi les saisies out ote operees. Le Minist6re do la Marine croif devoir communiquer eette dernif^re pi»>ee, aiicune carte n'ayant etB trouvee a bord des schooners saisis. En nous euvoyant tons les doouments prdcitcs, il dcmando que les livros de bord qui en font paide puissent nous UNCEFOTE. t7 fitrc mstitu^s aprfts quo le Gouvornement Britannique en aura pris oonnaissancc, demando que jo rae fais un devoir do transmottre ii votrn ExcoUenco. Quant aux pieces qui so rapportont h la saisio do la " Rosie Olson " et do la " Mario," ct se trouvant entro los mains du Tribunal do I'risos do Vladivostock, lo Ministftre Impoi'i^l en a domande communication aux autoritos! locales compotontcs, ct no mauqucra pas de vous les fairo tonir aussitfit qu'elles lui soront parvonucs. £n vous informant do cc qui precede, jo saisis, &c., (Si-no) CHICHKINE. No. 74. > r .ASCELLES. Foreign Office to Colonial Office. Sir, Foreign Office, February 0, 1895. I AM directed by tho Earl of Kimberloy to transmit to you, to bo laid before the Marquess of Ripon, a dospatcli from Ifer Arajesty's Ambassador af St. Potcrsburwh, transmitting a note from Af. Chichkino,* in which he incloses docuuieiits relative to the seizure of some of the Canadian soaling-vessels in IJchring Sea by Russian cruisers ill 1S!)3. Tho papers relating to tho seizure of the '•' Rosio Olson " and tho " Mario " will also 1)0 communicated as so(m as they are received from the authorities at Vladivostock, who have been instructed to communicate thorn to tho Imperial Ministry. I am, (fcc. (Signed) ERANCIS BERTIE. No. 75. Colonial Office to Foreign Office. — {Received March 7.) Sir, Downing Street, March 6, 1895. I AM directed by the Marquess of Ripon to state, for the information of the Earl of Kiraberley, that tho amendments whi(!h he thinks should bo made in " The North Pacific Seal Eishery Act, 1893," are in sub-section (i) of section 1, and in sub-section (6) of section 1. Tlie latter sub-section should, he thinks, be entirely omitted, and for the last clause of the former he would suggest the substitution of some sneh words as " if he is satisfied that the vessel has been used or employed in contravention of this Act." With regard to the question of tho general right of search over sealing-vessels within the prohibited zone, I am to observe that as sealing is (>ntirely prohibited throughout tho year within the zone, tho presence of a vessel equipped for sealing raises a natural presumption against her which can only be substantiated or removed by investigation. To remove the general liability to search within the zone, aiul to allow a vessel only to be interfered with when caught Jingrante delicto, w'ould, his Jjordship fears, offer a temptation to evasion and contravention of the Act, and would afford reasonable grounds for suspicion that Her Afajosty's Government did not desire its etfectivo ■"^"'Mition. lie is not, therefore, prepared to recommend any modification of the Act in this respect. With I'ogard to sub-section (1) of section 3, 1 am to observe that his Lordship does not sec how it can bo omitted or altered without creating insuperable obstacles to the prosecution of a vessel seized by a Russian cruiser. I am to add that with the view of collecting information which would be of use in the discussion of the general Regulation of tiu; seal fishery, it is for consideration whether power should not be taken by an amendment of sub-section (2) of section 1. of the Act to require all sealing-vessels to make tho entries in their logs as to the place and date of each sealing operation, &c., required by Nos. 5 and 6 of tho^iward Regulations, and also to prohibit the use of wasteful and destructive weapons, such ns rifles, in the killing of seals. • No, 73. „'■ i 48 . Any such Regulations could not of course bo onforced this year, and the Catindian Government would probably object to them being imposed on British vessels unless they were also imposed on United States' vessels, but a general power to impose; siicli Regulations might bo obtained, so that it could be at once enforced if agreed to by the United States and the other nation interested. Lord llipon would bo glad to have an opportunity of seeing the Hill in draft before it is introduced into Parliament. I am, &c. (Signed) R. H. MEAUK. No. 76. ' ■ -t i if Memorandum forwarded io the Colonial Office by the Governor- General of Canada, and communicated to the Foreign Office, March 20. BY the Agreement with Kuseia Groat Britain enpapes — 1. To prohibit, during the time specified, her Bubjcutu from killing or hunting seal within cerlain tonei. 2. British veasels engaged in hunting teah leithin the limits, outsido territorial waters, iiiav i« seized by Russian cruisers and handed over to British authority. 3. To bring to trial t)ie British vessels whicli may be seized a» having been engaged in sndmii within the prohibited £one>. The engagement is entered into without prejudice to the rights and position of eilhor I'(.\v(r. The only oflences, then, under the Agreement, and which aj)peur to be contemplated hy it,; torma, are : — Killing, taking, or hunting, or attempting to kill, take, or hunt seals within the zones specified. The right of passage, or anj' other right possessed by a British ship on the high seas, arc in no way affected. The Admiralty instructions to Her Majesty's shijjs for tlieir guidance under the arrangomi'nl begin by explaining that British cruisers a^u to co-operato with the Uussiau naval vessels in preventing persons Delonging to British ships from A(7/in(/ or /ii3," was designed solely to give effect to thu Agreement. It provides — " (a.) A person belonging to a British ship shall not kill, take, or hunt, or attempt to kill w take any seal during the period and within the seas specified by the Order ; and " (6.) A British ship shall not, nor shall any of the equipment or crow thereof, be used or employed iu such killing, taking, hunting, or attempt." Penalties are provided for these specific offences, and they appear to constitute the ouly offences recognized by the terms of the Agji-eement. Sub-eection 4 of section I of the Act, however, enacts: — "Any commissioned officer on full pay in the Naval Service of Her Majesty the Queen sliall have power, during the period and in the seas specified by tlie Order, to stop and examine a British ship, and to detain her, or any portion of her e(iuipinent, or any of her erew, if, in his jiidgiiii'iit, the ship is being or is prepared to be used or employed iu contravention of this section." Similar power is conferred upon Kussian ofiicers. Sub-section tJ of section 1 enacts : — "If, during the period and within the seas speuified by the Order, a British ship is fonnd having on board thereof fishing or shooting iniplenients, or seal-skins, or bodies of seals, it shall lie in the oumer or matter of such ship to prove that the ship was not used or employed in contravention of this Act." Obviously, any ship equipped for a seahng voyage may be said not only to be preparing, but to be at all times prepared to take seals. Until she has taken seals iu an illegal manner, or in protected areas, she should not become liable, and no offeuco should be assumed against her. She is regularly cleared at Customs, and licensed for the sole purpose of prosecuting a sealing voyage in the North Pacific Ocean. She is manned and equipped accordingly, and among her equipment are necessarily the reqtiisite implements for sealing. le Bill in draft n. MEADE. that thcv will In 8ho may bo legally within the zotus for other purposefi than thoHo prohibitud by the Agree- gent or legislation, and the fact of hor being a Hoaling-veBBol in no way ImpairN hor right ol pjggage through thu zone from point to point, wlmro the operatioun for which Mhe ia licenat^ are regtrictod by no law or regulation. At all times and in every locality during her voyage from America to Asia, every aealing- veafiel muHt nocestuirily and pronurly have implemonte, Heal-HkinB, and bodicH of Heala on board, aa an abaoluto condition of the iuaustry in whicli hIio is engaged. Hence it would appear to be Honiewhat exacting that Huch proof flhould devolve upon the master in the light of the fact that the ;>o»««««to;j (jf these articles, even at the tinut or teithin the limit, ij not an offence against the Agreement with Russia. During the year 1893 four British vcshcIh were seized and brought to trial : two at Yokohama, and two at Victoria In th(f cases of three of these vessels the l(Ntniod Judges decided that the masters had clearly ilifjchurged the presumption raised against them by their mere presence within the zone, and (iigmiBsed the suits. In the other case, that of the schooner " Minnie," the vessel was condemned. Ill every one of these cases the vessels were seized for mere presence within the zone, and no other offence was charged against them. It was fortunate for those vessels which were acquitted that circumstances were such as to justify the opinion of the Courts that the prima facie case presumed against them had been removed. Otherwise those vessels, innocent of evil intent, would havo been condemned in addition to having their voyages broken up. It was not proven that the " Minnie " had committed a breach of the Agreement or Act. She was condemned merely through the absence of sufficient proof of innocent intention to remove the presumption raised by her presence in certahi waters, which constituted a pritnd facie case against her. The Judge had no ulteniative. Ill respect of the vessels which, utter having stood their trial, and been adjudged innocent of any evil-doing, it may be said that although their voyages were thus utterly broken up, thoy had no recourse whatevei", their counter-cases oeing dismissed by the respective Courts as unsustain- ublo under the conditions of the Act. The case of tho " Minnie," which vessel was not shown to have committed an offence, is still a huiflhcr one, and it is contended that British ships should not be subjected to such far-reaching Jiaastor and embarrassment, because it is considered expedient to provide certain protection to seal life. Where is conciliation to find its limit if the relinquishment of such time-honoured and recognized rights is made to depend upon the question of expediency 1 The foregoing remarks treat of some of the practical effects of existing urraiif^ements, but there is another aspect of tho tpiestion, dealt with in connection with the machinery provided under the Behring Sea Award, which, in principle, is of infinitely more vita! importance, since it involves the admission of the rigiit of search over tdl ships ut sea flying the British flag, and the neizure thereof, on tho shallow pretext of more suspicion. Ottaioa, Janvary 5, 1894. m V !i' No. 77. Amendments in " Seal Fishery {North Pacific) Act, 1893," suggested by the Oovemor- General of Canada. — {Communicated by the Colonial Office to the Foreign Office, March 20.) SEAL FISHERY (NORTH PACIFIC) ACT, 1893. PROPOSED BILL. 56 ViOT.— Cap. 23. [Non.— The italics lignify that the portioni lo printed are iliBiuted in the propoted Bill.] [NoTi.— The portioni printed in nnall type are eabititntad lor and added to the preient Act.] An Act to provide for prohibiting the Catching of An Act to provide for prohibiting the Catching of Seals at certain periods in Behring Sea and Seal* at certatn perioda in Behring Sea and other parts of the Pacific Ocean adjacent to oilier parts of tlie Fadfie Ocean adjacent to Behring Sea. Behring Sea. Whereas it is expedient to extend " The Seal Fishery (Behring Sea) Act, 1891,'' to other waters of the North Pacific Ocean adjacent to Behring Sea, and for that purpose to repeal •vai re-enact that Act : [866] Whereas it is expedient to extend "The Seal Fishery (Behring Sea) Act, 1891," to other waters of the North Pacific Ocean adjacent to Behring Sea, and for that purpose to repeal and re-euaot that Act : '.-'■I jm ' m- 50 ^iPii Be it therefore I'lmeted by th«> Queen's MoHt BxoeSent Mnjettty, by and with the advico and oontient of the Lords SpiritnnJ and Teinptn-nl, and CoramoiiH, in thin prcwont Purliunieiit Miembled, r.nd by thf> unthority of tho mine, hh fbllowi :— 1. — (1.) Uer Majosty tho Queen may, byOrdur La Cuimcil, pixihibit, during the period spociBed by i\w Order, tlio catphiiiij; of KealM l)y Britiivh tihiptt iu Bucii purtH uf tbt< Mean to which this Aet applies aw are H]io(!ified by tlio Order. (2.) While uu Order iu i'ouncil under this Act is iu fored — (a.) A perMoii belonging to a BritiBh Hbip shall not kill, take, or huut, or attempt to kill or take nuy Real during the period uud within the 8eu8 specified by tho Order; and ? (6.) A Britiuh Hhip shall nut, nor Khali any of tho equipment or crow theroof, be uned or em- ployed m Hueh killing, takuig, hunting, or attemjit. (H.) If tuere iu any eontravoution of this Act, any persoa committing, procuring, aiding, or abettmg 8ueh eontraventiou Khali be guilty of a iniBdenieanour within the meaning of "The Merchant Shipping Act, 1854," and the shiji and lier ecjuipmeut, and everything on board thereof, ahall be foi-feited to Uer Majesty ew if all offence had been cuminitted under section lOii of the aaid Act, and the provisions of nections lUJ and 104 "w^ Part X of the said Act, and of section 34 of " The Merchant Shipping Act, 1876" fwhich are set out in tho Schedulo to this Act), shall apply as if they were herein re-enacted, and in terms made applicable to an offence and forfeiture under this Act, and any commissioned officer on i'lill pay in the Naval Service of Her Majesty tho Queen may seize tlio ehip's certificate of i-egisti-y. (1.) Any conmiissioned offieer on lull ])ay ia the Naval S(!rvice of Her -Alajesty the (^)ueen shall liuv power during the period and iu tho seas Hpeciliod by the Order to stop anuiie; ooninisiioneil r Naval ijurvicc of Her ler Majeitj's ilominioni, {je ana detain any ship tion of this Act, and lo gh Court of Admiraltj in - Admiralty jurisilirlion in lort may thereupon make fit, and nay award lo the lalion wh portion of ll» I or Bbaro ai it n») tbuli lall b* fwponilble, eitlier rhoiu»oe»er in r«ipect of tlmt has been >uiiey in *'"^ ty the Queen may registry. leer on full pay in ilajcHty the Queen period and in the \\v\\ to stop und Id to ilotaiii her, or knt, or any of her fed or employed in let an an-angoineut Order in Council that Buch officers Jin the Order mty ter this Act as ruay tiisBioned officer as l-itiBh ship, nnd the 2._(1.) WiioiH an oiKcer litt» power midoi this Art to Hv'v/.t' a nhipV eortificate of refjfiHtrv, he lunv cithor rctniii tlio oertifieati" and ;;ivi' a provim'onal rrrtiHcato in lien thereof, or n.'turn till' eertitieale with an indopHi niont of tin- irnmndw on whieh it was Keized, and in cither case may direet tlie sliip, by an addition to tho proviwioiial eertiticatc or to the iridoiKenient. t(i proceed forthwith to a Hpecilieil port, being a port whore there it* a RritiKli Court liiiviiif;' authority to adjudieatt^ in tiie matter, and if this direction in not r'omnlied with, the nirinr aorf master of the ship Hhnli, without ))reindiei' to any other liability, facli l)e liable in .i tine lint exceeding 100/. (2.) Whore in pursuanee of this section a laoviHional certifieate is given to a ship, or tho ships certificate is indorsed, any liiitisli olfieer iif CiistiMUs or Hriti.'^h Consular oflieei' may detain tlio siiip until .satisfactory seetirity is jjivcu for her appcaranee in any legal pio- cccdiiigs which may be taken against her in pnisiiaiice ot thiH .\ct. ;;.._( I,) A statement in writing. |iUi|ioiting til he signed by an oiKcer having power in imrsuiinec of this .Act to stop and exanune a Kliip. as to the cireumstanocs under whieh or "TiMinils on whieh he stopjicd iind examined the ship, shall be admisisililo in any proceedings, livil or criminal, as (evidence ot' the tacts nr iiiuttw's therein Htated. (2.) If evidence contained in any such state- ment wan taken on oath in the prt'sence i.f the jicrsoii charged ill the evidence, and that person had an opportunity of cross-examining tlii' |ii rsoii giving the evidence and of making his ii'ply to tho evidence, the otliccr mahing tlu' Klatenaail may certify that the evidence was «o tiikcn, and that there was such opporlimity as aforesaid 4. — (1.) Her Majesty tiic <,>ucen in Council may make, revoke, and alter Orders for the imrpo. " of this Act, and every mucIi Order shall III' ill. ..iwitli laid bef(U'e hoth Houses of Parliament, and publishe(l in the '• London C.awtte." (2.) Any such Order may contain any limita- tiiins, (;onditi(ms. (|vudificationH, and exceptions which aj)peur to Her Majesty in Council ex- liijilieiit for carrying into etl'ect tlu' ohject of this Act, 5.— (I.) 'J'hiM Act shall apply to the animal known iiH the fur-seal, ami to any marine animal specified in that behalf by an Order in tjonncil under this ,\et, and the expression "ecal'' in this .\ct shall be construed ac- I'ordiuglv. (2.) 'I'his .\ct shall apply to the .seas within i that part of the Pacific Ocean known as Behring Sea. and within smdi other parts of the I'acitie I Ocean as are north of the .I2ml parallel of latitude. (3.) The expression '•(•([iiipmcnt '" in this l.\ct includes any boat, tackle, tishing or shooting I instruments, and other things helonging to a "liip, (4.) This Act may be cited as *• The Seal [Fishery (North PftciBc) Act, 18il3." [866] eijiiipmeut and cfuw and coHitiualc thtu'eof, and that such ISritish officers as art? specified in the Order may cxereisi', with the neeessury moilifi- oations, the powers eoni'errtul hy tliis ,Aet in Illation to a ship of the said foreign Stali;, alid the cipiipioeiit and crew and papers thereof, 2.— (1.) Where an ofheer has power under this Act to seize a ship's ceitilicatc of registry, he may either retain the ecrtilicate mid k'*'' a provisional i-eitilicatc in lien thereof, ov return the certiticate with an indorsement . or tlia ship's certillcali' is iiiihused. any Ihitish officer of Customs or British Consular otliccr may detiiin the ship until satisfactory security is giscii for her a])peaiance in any legal pro- ceedings which may lit^ taken ugainst her in pnisnance of this Act. :i. — ;1.) A statenu'iit in writing, pmporting to he signed by an ofheer having power in pur>uaiice of this .\et to stop and examine a ship, as to the circumstiinces under whiidi or gj-ounds on which he .stopped and examined the ship, shall be admissible in any proceedings, civil or criminal, .as evidence of tlic facts or matters therein stated. (2.) If evidence containi'd in any such state- ment was taken on ( afh in the prescntic of the person charged il' the evidence, and that person laid an opp'.itunity of cross-exiniiining the person er.ing the evidence and of making his ie)il>- to the evidence, tli olHcer making the statement may eertity that the evidence was so tiikcn. and that there was such oppin-tunity as aforesaid. 4. — (1.) Her .Majesty tin- t^uecii in Council may make, revoke, and alter Orders for the purpose of this A(;t. and every such Order shall he forthwith laid helbre both Houses of Parliament, and pubhshed in the •" London Gazette." (2.) .\iiy such Order may contain any limita- tions, conditions, (jualitications, and exceptions which ajipcar to Her Majesty in Council ex- jiedient tVn' carrying into ctfect the object of this Act. ."). — (1.) This Act shall apply to the animal known as tho fur-seal, and to any marine animal sjiccitied in that behalf by an Order in Comicil under this Act. and the expression "seal" in this .Vet shall be I'onstrued ac- cordingly. (2.) This .\ct shall ajiply to the sesis within that part id' the, P.-icitic Ocean known as Behring Sea, and within such other parts of the Pacific Ocean as are north of the 12nd parallel of latitude. (;h) The expressicai •' e(piii)iuent " in this .Vet includes any hoat, tackle, fishing or shooting instniments, and other things belonging to a ship. (4.) T'his Act may be cited as "The Seal Fishery (North Pacilic) Act." S 2 (fl.) "Tlic Meiil FiHiioiy (Heliriiit; 8 tgnt with iub-iectinm 4 |,,j • ufiection lofthUBiU.] II (BehriiiK S.a) Act, , but iiuy Onlir in it Aut hIiiiU ((iiitiim, II imrHUiiiii'i! (jf thif » with lub-iectiniii 4 mj j > i ' .!■: ■ % .■■i?« If mu -^ gi 8 S I S. >! &3 £. »* IS- .» i t> 'S 'V ,«rv^i;* [C UNITED STATES. No. 1 (1806). ! CORRESPONDENCE BKSFECTINO CLAIMS FOR COMPENSATION ON ACCOUNT OF BRITISH VESSELS SEIZED IN BEHRING SEA BT UNITED STATES' OEUISERS. Presented to both Houses of Parliament by Command of Her Majesty. September 1895. 1 LONDON: PRINTED FOR HEK MAJESTY'S STATIONERY OFFICE BY HARRISON AND SONS, ST. MARTIN'S lANE, PBINTBRS IN OBDINABT TO BIK IIAJBSTT. ETRK And to be purchaged, either directly or through any Bookuller, from AMD SPOTTISWOCDE, East Habdiho arsBBT, Fliit Strbbt, B.C., ani 32. Abinodon Strbbt, Wbituinbtib, S.W, ; ob JOHN MENZIBS tc Co., 12, Hanovbr Stbbit, Edinbubgii, and ^% WiiT NiLB Stbbbt, Glassow; ob HODGES, FI6G1. and Co., Limitbd, 104, Gbavton SncBT, Dvbiim. [C.—7836.] Pnce 6d. •. I - • 1 : -,; :i .1 •(, - ?i^-] .(GU^I) I mZ .HMT/v'iV .■ -.S.M • ,,l,t ..(..-I, [238] Subject V Transmits despatch from Canail.! as to proof to be reqiiireil. Keniarks &• to costs. Sir .1. 1 auncefotc should press United Slates' (io- vernmenttn hegin ne<.'(>tiettling claims bv p.iytnent of lump sum. If this is agreed to, Canadian (ioverniiie:it should send expei: to Washington to disenss ammint. . Answers above. To niiorm Canaila by tele- graph. Her .Majesty's Govei'iinient will ask their views Answers above. Canada accepts lump sum proposed, and their DelCjjate is ready to start ,. ,. Lump sum proposal. United States' Gnvern- mcnt would pay 400,0(10 dollars. Would Canada accept and ller Majesty's Govern- ment approve B'leiptance of 450,000 dol- lars? Lump sum proposal. Transmits telegram to Canada asking if they wuuld accept 4„O,00U dollars Informs of above Lump sum proposal. Transmits telegram from Canada accepting 4.50,000 dollnrs Lump sum. Authorizes actepianc? of 4SO,00(i dollars Lump sum. President wid onlv oSkt 4C0G0>i dollars, and hopes if it is nni accepted Cuii- veutiuD will be tiiriied <>t once ,. :4' t^n [.■li,ii\ 11 14 II 15 15 |5 15 16 IG lent to brpiii or Cnna.ilan ready to tiike ts a|i|)oint|iiir verify claims Canada and elore srndin" ida by tele- .Minibiit uill TABLB OF CONTENTS. Ul No. 22 2J 24 a 26 Name. 28 29 30 31 32 33 34 3J 3G 37 38 39 40 To Sir J. Pauncefote Sir J. I'aunCefote Colonial Office Sir J. Pauncefote Telegrapbic Telegraphic To Mr. Gosclien Sir J. Paiiiicefote To Sir J. Pauncefo'.e. . Colonial Office To Sir J. Pauncefote.. Sir J. Pjuncefote To Sir J. Pauncefote Sir J. Pauncefote . Telegrapbic Telegraphic Telegraphic Telegraphic Colonial Oftice To Sir J. Paiircofotc, Sir J. I'uuiiciriile Date. Auo:. IC, 1894 16, 18, 25, 21, rdcgraphic Sept. 8, Dec. 21, .Ian. 21, 1&S5 Feb. 26, 27, 28, Mar. 1, 2, 6, Feb. 26, .Mar. 8, 9, Feb. 28, Mar. 4, 5, 15, 19, SlTBJECT. Canadinn Government asked to send a Minister nt unce to U'nsbin^rton to assist in arranging for Convention or lump suip Lump sum. Mr. Gicsham oJTcrs 425,000 dollrrs (to cover " Winiiilrcd " claim). If Can.'ida agrees, mar he make settlement ? . RoftTs to No. C. Tclcgrom from Canada. Minister of Marino to go to Washington Lump sum. Canada agrees to accept 425,000 dollars .. ., .. .. Luiiip sum. Dis'.ussion with Sir C. Tupper and Mr. Gresbam. Appropriation could be voted in Uecembcr. Her Majesty's Go- vernnieni to have ri^ht of resuming rcgo- tiatioiis for Convention at any time before i npiiropriation is actually made. Transmits j nolo- exibangcd recording urrangenicnt ;».'swers aboie. Satisfaction of IKt .Majesty's G ncrnnient at (.cttiemcnt and with Sir J. I'.iniioefolo's conduct of negotiations Lump sum. Transmits Ucsulnlion moved in House of Uepresentatives respecting publi- cation of all cnrrespondence. Cjrrcsnon- dcnce sent to llou'e Lump sum correspondence laid before House of ltepresentat:ves , , . . . . Lumn sum. Appropriation rejected by House of Ucpi-i'Si ntaiivcs Lump sum. .Answers above. Is rejection definitive? Utji'cliiiii of lump sum. Refers to No. 30 UiseiKsion of Convention should be lesumed williout delay, and someone sent from Canada ■ to a->i>t in negolialion .. .. • .' Rejection of lump >nm. Answers No. .30. i Til a«k for immediate resumption of uego- | tiatioKS for Couvontiou. Colonial Office snguest Canadian Government should send Dt'le:;ole. To urge speedy settlement Answeie above. .Secretary of Stale ready 10 refiiuie negotiations, t^onvention cannot be siibmilled till December, unless special Sessiim tic called. Regret of President and .Mr tJresham at their failure to obtain appropriation . .. ■ . Rejection of lump sim. Interview with Mr. IJivard. Unfortunate cllects IJejectiou of lump ;-nin. Transmits extract from •' ("ongiessional Record " and pr6cis of debate . . Lum|) sum. Sir .1. Pauncefote sliould send co;.y of No. 34 tn Canada, and consult as to date for sending Canadian Representative to Washington . . . . liilonus ot above . . Rejection of lump sum. Comments on causes which led to it Senator .\|on;aii's Resolution proposing appoint- iiieiil of Cotmnittee to examine into liaoility of United States to pay claims, and into liahdiiy of (ileal iiritain and Canada. Allu- sion to proposal made in Hjiise of Commons that cl.iims should be paid in advance. Irmsiiiits repurl from ••Congressional Re- cord " ... Svnaioi- Morgan's Resolution. Transmits re- port of debate Senator .Morgan's Resolution. Transmits an iimary of .Memorandum by Senator Mor- e:'^ :: ...1, ,•;. i! '''V'h'" :l^ . Mm ■inTOc^jfl' IT TABLE 07 CONtENTS. No. Name. Date. Subject. Page 44 Sir J. Pauncefote reiegraphic Apr. 17, 1895 Convention negotiationii. Canada decides to 45 ■> t» • • • • 10. postpone until after prorogation . . Convention negoiialions. Correspondence wiili Canadian Government. Their decisis i to 3; 46 To Sir J. Pauncefote. . •^ Aug. 3], postpone . • . . Transmits Mcmornudum criticising Senator Morgan's statement, and setting rut points in support of claims. Approves and concurs in arguments brought forward in Xos. ^0 to 43 37 38 "^ SI w It Correspondence respecting Claims for Compensation on account of British vesssL seized in Behring Sea by iJnited States' Cruisers. No. 1. Colonial Office to Foreign Office. — {Ecceived May 9.) Sir, Downing Street, May S, 1891. I AIM directed hy the Marquis of Ripon to transmit to you, to lio laid hci'oro the Earl of Kiraberley, copy of a despatcli and inclosure from "tlic Governor-General of Canada, respecting; the claims of British siibjeci-! in respect of the illegal seizure of their sealins-vcssels in Behring Sea by tlie autliorities of the United States. Now that the legislation for tlie enforcement of the; llegulations preseril)ed by the Arbitrators has been completed. Lord llipou hopes that the arrangements for settling these long-outstanding claims -will bo pressed forward as quickly as pussd)lo. The question raised by the Dominion Government as to the proof which will 1)e required is olo which lord llipon is disposed to tliink must be setth'd by the Commission which it is proposed shall adjudicate on the claims, and his Lordship would suggest that in negotiating the Convention for the appointment of such a Commission, the liritish Ambussador should obtain a recognition of the piinciplo that compensation when awarded should cover the expense of establishing the right to compensation, though it might be left to the Commission to say whether, in any particular case, the claimant should be allowed the costs incurred in proving his claim. In the meantime, I am to suggest that Sir .7. Fauncelbto should be instructed by telegraph to press the United States' Government to begin the negotiation of the Convention for the appointnicnt of a Commission to adjudicate on the claims, and that he should be desired, as soon as a date has been fixed for commencing the discussion, to telegraph for a Canadian Delegate to assist him in case Dr. Dawson is not empowered to discuss the question. I am, &c. (Signed) JOHN DRAMSTON. fnclosurc 1 in No, 1. The Earl of Aberdeen to the Marquess of Ripon, My Lord, Government House, Ottawa, March 15, 1891-. WITH reference to previous corrcsjiondcnce on the subject of the presentation to the United States' Government of the claims for damages preferred by the owners of scaling-vesscls seized in ]?ehring Sea, I have the honour to forward herewith a copy of an approved Minute of the Privy Council, embodying a Report by the Minister of Marine and Pishcric^s, in which, referring to the action of the United States' Govern- ment in disputing the ownership of these vessels before the Rehring Sea Tribunal, he discusses the question of the measures to be taken to establish such ownership to the satisfaction of that Government. Your Lordshij) will observe that my !>[inisters would bo glad to learn the opinion of Her Majesty's Government with regard to the methods to be adopted with this end ; and, further, to know whether they would insist on the submission of such evidence of ownership and national character as would be necessary to meet the [238] B m ,1 i W. A^ '4 :,ik 2 roquiicm«in*r; of flio Merchant Slii[)[)in^ Act ami tho morcantilo law of Great llritaiu in tlicHO pnrti(>ularH. I have, (fee. (Hignod) AMKRDIOHN. liu'IoHurc 2 in No. 1 . lirpoit of (I (vmmitirr nf tlic I lonouralilp the /'ciri/ VounvU, Dwncrsliip dI' sitmc oI' (lie vcs»«c1s wliii-li siillVri'il Id,^ . hy riMSDii ol' sci/iircs mid oilier innlestaHuM, l)_v tlie United SInles' (ifiv( imimh ni in Reliriiii; Sc.'i. Mi;i( lie lins IkkI under I'lirliuM' eiinsid(>i'!ili(ni llie iiosilion laken li\ lln United Stales' (Jovernnient as delined in tlie ( '(iiintei'-( 'asc oj' the liniled Niates liilniv tlie 'rriininal ol' Arldtration. in dispntinu' llie ownersliip ol' 'lie ^essids in eiainis. 'rii(> pajiiM's ri'lalinu: to it w liieli liave eimie to llie (lossession ol' vonr I'lxeellenev'i, (Joveriiirenl liavel)(>en snlnnitlivl I'oi- Hie inronnatioii ol' Her Maje^lv'.s (iovermneni, |{(>sp(>etiii!;' Ili(> nielliod to estahlisli the ownership, it appcvirs tlint the aiilJK. rities of the United Slal(>s rovnially refused to reeoi^nize the proof of ()\viieisln|i ;k fiirnislied. but tliey have ijiven no further intiinalion of what evidence is rc(|iilii,i If. however. fuHluM proof is to h(> a matter of iieu;otiatiou hctwecMi the luu (iovcrnnicnts. instead of eonsidcrint;' what further proof can he adduced, it ap|ii'ii\ that it should he ascertained from the United States' Cjovernment what fudlier |iiiini it (h'sires. The Minisler siigijcsls Iliat it should he aseeilained wIicIIkm' the United SImIin desires an oral examination of witnesses, or an impiiry into the slate of the liens im these vesv;ls. or wIicHkm' written de|)ositions on these points would he satisfactory. 'I'lie Minister .also sni;i!,'es|s that the views of IIim' M.-ijesly's (ioverniuent slioiih souirlit as to .an impiirv that villi I I lemi!' n lade. Also, wliellier it will I te iiisMi by l!<'r Majivsty's (iovernment that the owncrsliiii and national ch.'iraeter of tlicv vessels shall he decided ;iceordinii; to the facts which i^'ivo that character imder tin Merchant Sliippine' Act and mercantile law of (Jreat Urit.ain. in so far as it lie;n\ on proof of ownership ;inil iiiitional cliaratiter. Tl lese iiii^ijestions it is expected may lead to the ascert.ainment of the v lews (i| the United States' (iovermnent on the further point whether some 'rrihimal orCimi- mission is to h(> cstahlisli(>d lor heariny; these claims, and whethor the proeedmc I t>fore the Trihiiiial is to he rcijulatcd hy the Convention which is to estahlisli il. II the Trihenal is U> he <rcd satisfiictory evideneo of nationality and ownership. 'I'li(> l\)inmilte(>, on Hie recoinmendation of tin; Minisler of Marino and l''islierii".. advise that youi: Kxe(>Ileiicy he mov(>d to forward a eertilied copy of this iMiniile, it approved, fo the Uii^ht llononnihle the I'rincipal Secretary of Stato for tlio Colonic^^. for the consider.'ition of Her Majesty's tiovernnient. All of which is respoctfuUy submitted for your Exccdlencv's api)roval. (Signed) .lOJlN '.I. McGEE, Clerk of the Privy Council. No. 2. The Earl of Kimherley to Sir J. Pauncefote. {Tclosraphic.) Foreign Office, May 10, 18$) {.. YOU should urge the United States' Government to commence negotiations on the subject of tho claims of British sealers seized by the United States' cruizers in Beliring Sea, as soon as you have carried out the instructions contained in my telegram ItsBv wpi^p (jircat Hiitaii of tlic 8Ui inHtnni, iintlioriziiiir you to xcliuii^o iiol(-s willi Air. (irnHlmm n'MiMjotirig tlii< Scalinif llc^iilulioiiH. Wliori you iin^ ns-idy for ri Odnmliiui iJoIc^rai-', you •ran tclns^'mpli to Mk; (!iiriii(liuu (Idvcrnniont to Ncnd one. is E.rrrllriivii il.f No. ;}. .Sir ./. I'mnirrlnlr In llio En, I of Kimhrrlfii. — {Hf.n-ivcil Mai/ 10.) ;Tcli"/niI)lii<'.) lyimlilni/I'm, Min/ I", IH!)|.. KKIIIMNU HKA. Willi irlVn-iu'i! to your Lonlsliip's U']i"j;yt)U) i>\' fo-day. T (irriiMi^cd y«'Hl«'r(lny with Mr, Cin-sliiun Tor tlio rxrliniimn ol' iio)i>h, luid dim-UHm'd with him at IIk' HaiMo liiuc the ((ncslion of Ihi' M'HIiMiu'ril ol' thr- Mritish clairiis, which hi; is quill' rcfidy to take up. I vciitun' to sutfL,'!"^! thdt, thi- uiosi iiii',v|i'Xcliani,o'd. His Kxndlency has at the same time heen authorized to ti.dc^'raj))! to Canada for ri |)"|en'ate when his ser\ ices are refpiired. l,oi(l KitnhiM'ley would siiL;;,'est tli.at the C'inadian Coverni.ient should he a^ked I I conuminicaie to Sir. I. I'iiiineefote the suhsl'ince of the: inelo^llres to yr)ur letter iirjw Uii'lei' reply. I am, ito. (Si^'nod) M. rERGY ANDERSON'. Nf). ■"). Forfif/H O/firr to (Colonial Office. Sir. l'' accoiiipiinyini^' tclci,'ram I'n.iii 'llcr Majosty's AitiOasHiidor at Wasliini^loii,* staliiif; (,lia(, tlin aiTaii^'ciiMMil, iiroposcd in Ills Kxcidk'ncy'.s ((.li'^'rniii of Mic lOtli uitiiuo is ap|ii(tv((l in the Caiiudiaii (lovmiinnnt, and favoiirahiy entertained hy that ol" the liiKcd rstutcs. Under tiiese cinMinistanees, Sir .liiliaii I'aiincctotc iiKjiiires wjicither we may (idleiaily pn!.s(Mit tin; whole ol' thes(' claiiiis to tlie Unite! States' (iovernnient, and |in)|)()S(r a (Jonvention for their verifK^ation and settleniont on the hasis ol' tin; arrani;!!- iiii'iit already proposed hy his I'ixcelieney. iiord Kiniherley proposes lo authorize Sir . I. raiiiieerole to adoj/l this (^(nirse should hord llipon eoiUMir therein. T am, Ac. ^>iun<(lj I'lt.WCiS !$i;i5TIi;. No. !). l^RA.MSTOX. Volonial Office to Foreiijn Office. — ( lieeeired June .').) Sir, lioiriiinij Utreel, June ■'», 18!) t. 1 AM directed hy the ^ranpiess of l!i[)f)n toaekno\vie(l;,'e tlio n.'ceipt of your letter (if the 1st instant, transniittini,' a teleuraiu Iroin Her .Majesty's Anihassador at W'ashintjton relative to tin; Mehrini,' Sea claims. In reply, I am to state, for thi! information of tlu; I'^arl of Klmherhn, that his liordship concurs in Lorrl Kimherley's i)roposal to authorizf; Sir. I I'auncel'ote to adopt the course suggested in his tel(!^:ram. I am, ito. (Sitjned) JOllxX iJllAMSTON. No. 10. Ti\c Earl of Kimbcrley to Sir J. Pfiiincefotc. (Telegraphic.) Foreiijn Office, June .">, 18i)l. VUil may .scmkI in ofTu-ially to the United States' (iovernnient the ih'itisii claims iirisini^ out of the seizure of sealiiii^-vessels in tll(^ JJehriiiji^ Sea, and you may propose the ccmcdusion of a (,"onvention Hn' their verification and .settlennMit, as suL,'i,'ested in your telegram of the 31st May. No. 11. Sir J. Pauncefole to the Enrl of Kinjherleij, — (Received June 1.3.) (Telegraphic.) Waslnnijton, June 12, ISUi. WITH reference to your Lordship's telegram ol' the .'ith instant respecting IJehring Sea, I hav(! the honour to ri'port that 1 have forvv.-irded to your Lordship, in my despatch of the Sth instant, a copy of my not(; to Mr. Grcsham transmitting the Uehring Sea claims, and ])ro])osing a mode of settlement. I liave also sent a copy of this note to Lord Al)erdeen. As the President is indisposed, and ^Ir. Grcsham is ahoul to leave; Waslkington for a short period, I do not e.xpect to receive an olDcial re|)ly for ten days or more. But the Secretary of State tells me that the President appioves the proposal, and, ill accordance with his request, I am prepai'ing .■» scheme of Convention for conside- ration hel'ore requesting the assistance of a Canadian Delegate. • No. 7. •m^ii v^^ .; i 6 No. 12. .Sir J. Ihiiinrpf'otn to the Earl of Kiinberley, — {lli'irivnl June 18.) My Lord, ' lldnltiiif/loii, Junr H, iS'.d. ON th<< rci'i'ipt of VDiir Ijonlsliip's f(>loc;nun of Uic ."illi iii.s1ni\t. I iiddnsscil a nolo to \lv. Clrcsham (I'opy of whicli I liavo tK. Iionour to iiuloMo) on tlio Hcliriii;' So!i claims. I sIimII not fiiil to f(»r\V!«r(l to yonr Lonlsliip a ropy of Mr. (Jnislinni's reply to in\ coininuninition as s(M»n as I rrocivc it. 1 li.'ivo, Su'. (Si-nnI) .lULI.W I'.MJM'KFO'I i:. Inclosnro 1 in No. 12. Sir ./. l^tiuuvrfitlr to Mr, (irt'sln, Sir, W'lislniiiiloii. Jiini' 7. is'.M. .VD\'l'. PTI N(i to Uic \crlt!il comniniiications wliicli li;i\o piisscil bctwcfii i^ rospccllMii' llic Ix'sl moili' of vcrifyiMs^ .nnd .'Kljnstiim,' the Itrilisli claiMis for compcMsa. tion i'oi' tlic .st'iznro of Mritisli scaliMu:-v''sscls in Ki'lirini;' Si'ii. I have now tlic lionuui' to Iransiuir licrcwitli. l»y ilircction of Her .Majosly'.s IVincip.al SrcnMary of Stall- I'nr Kovt'ii;!! Alfair.s, a cuniplctc list and snminaryof tlios(> claims, to^cllicr willi MrniorMiiila of the additions ■•uul aniiMidmcnts mado smcc tlit'ir orii;iiiaI ])rcsfntalion. I am at the .same time to make tiio I'ollowinn' sni^ijc'stion. witii a A^iow to adjn.stnKMit of tlioso claiiii'^. Avitli tli(> li>asf possil)l(> oxp(Mis(» and delay. 'rii(> whole of tlu< elaims. exeeptinii; tliat of Mie " llenrietl.a " and that of llic " Blaek Diamond" (1^S(!), were laid heforr the 'i'rihnnal of Arltitnition at I'mis. together with the evidenee in snjiport of them. The facts on which the; rest wiiv found hy thi> Arliitralors as provided hy .\rtifl(> V 1 1 1 of the 'I'lU'aty of .Xrhitratioii, and tormed i)arl of the Aw.ard. in view of th(> decision of the I'l'iljnnal on tlic questions of law snl)mitl<'d to tlieni, it only no\f remains to .assess the dania'^'cs. I ,iiii aceordinii'ly anthorizi'd hy the i'larl of Kimherley to propose thai, for the pm'jiosc oi such ass(>ssment. (>aeh (■o\ernnn'nt should .'ippoiiil a diily (|nalilicd > 'onimissioner, wlin .should be ;i lawyer, ami, if possible, possess souie know l(>d'4;e of tlie eondilioiis ol' tin' seal industry. That the two ronnnissioners should sit t >LCi'tlier ;it Meloria, Mritish ('oluniliii, whore all the (nid<>uee in vcritlc.ition of the elaims can he ohi.aiucd on the spot. That they should make a joi'it report on all the claims in which they have ai;'rei'il as to the amount of dan\a^es, ;ind sep.arate I'eports of the e;isrs iu which they li;ivc failed to jiuroe, fully stating the grounds of such disai^reenient. That the assessment of dama;^es hy the two Connnissioners, where they have hei-ii ahle to au'rec, shall he final. That in cases where thev havi> hciM unahle t o aLrrec, the ( liir erences s hall Im settled hy the two (iovernnn-nts within .a li\cd period, failing' which, such dillereiici". shall he referred for linal adjustnu'iit to an I'lnpire to he .appointed hy the Iwn CJovernments jointly, or, in case of disairrecnuMit, to ho nominateil hy ;i foreii;ii (lovernmcnt. You informed me souu' tinu' .an'o that, in the view of your (iovcanmcnt. ;i Convcniiou would he mcessary lor tlie adjustment of the claims, and the J']arl of Kiniherley. to whom I did not f.nil to commimicale that opinion, has instructed un' ti ])rocoi'(l ;it once with the ncnotiation ol' such ;i Convention, on the hasis of tin arrangemen meut. I ;ih pi ■()|)( )sed. should it he favourahlv cuterliuued h\ vour (ioNi'i'ii- r have, &(:, (Signed) JUL IAN I'.MNCKl'OTi: IJNCMRVII.: Jiiiif 7, IS!) I icd hftwCCM IN s rnr (•(»iii|ii'iis;i- IKIW (lir lioMiiiif iry of SI III I ' I'oi' itli Ali'iitiinimlii n. I :iiii ,'it till' ol' lliosc^ <'l.'iiin>i, lul tll.'ll nl' llir r.'iHnii 111 Vtu'is. I the; rt'si were ol' .\H)ilr!iliiiii, ViliiiMMl on till' ,;iin;iu'i"^. I ;iiii till- ])Mr;iosi' (ii imissioiicr, wlin )ii(litioiis ol' tlic lis!) (,'olinn1ii-i. Ilic s;)(tl. cy have !iu;n'i'i| liicii llii'v lime I'ciiccs sli;ill lir iicli (iiiVcrciH'cs '(I by tlic two I)y !i I'orcii,'!! (lOVcriiMKMil. ;i 111 the J'lnri nl' islnu'ti'd iiic ti l)Hsis ol' the voiir (JoM'i'ii- 'NCI'l-OTi;. Iin^losuro 2 in No. 12. List nnd Summary of lirhrinij .Sffrt Cliiims, "C!Anol,Kl«A." (Hcizcil liy riiili'd Slntcn' Kliiji " Cm win,'' Aiinnht I, IHHO.) lA.i — Viiliic (if tcKHcl, .'1.! lull'* ,. ,, ,, I, Olitlit (ill! iili' iliilc nrNci/uK! .. I'lisMij^i- ol'nl. 1,0(111 V. nil ;i,iMii H'.l . , ;i.',2 ."lO , , l.H.iJ • p>l 71 7- II llll<(0 1 IIKI l.'.'.VI l 00 1,2.00 no lf),fi67 00 26,22.'> 69 2,9.'5.'", 98 23,269 71 'i % , j: ■ f . ■ f^: ■ -IP "rAVOCBITE." (Wiinu'd out of Ili'liilii),' Sen by United Sfntcs' ship '•Corwin," August 2, 1886.) For— Amount of Ckiin as ])ut f award by Owner. Kstimati'd loss uf catch of 1 ,000 sciil!! , . , . , . I),d. c. 7,000 00 Clniin liy owner, with interest at 7 per cent, to date of payment .. .. ,, .. 7,000 00 "W. p. S,^VWA11D." (Seized by United Sl.-itcs' Hhip " Kichard Rush," July 0, 1887.) Pnssage of crew, 8(c. 255 00 officers 250 00 Le(»nl expenses of owners . . . , , , 850 00 Probable seal catoli. 1 8S7, 3,500 seals, nt 5 dol. 50 c. . . 19,250 00 Loss bv detention, October 1, 1887. to Febrnaiy 1, 1888 1,200 00 „ of i)rofit in season 1888 (Febniarv 1 to October 1) 0,000 00 Personal expenses of owi\ers 250 00 Claim by owner, with interest nt 7 per cent, to date of payment. 28,055 00 Cost of suit before Supreme Court, United States, in re seizure of " W. P. Say ward " .. C2,S17 12 Tot.il , . . . . . . . . , 90,002 12 "Gbace." (Seized by United Stiiles' ship "Kichard Rush," July 17, 1887.) Value of vessel, 182 tons , . 12,C00 00 Nonconsumable outfit . . 1,T42 57 Passage of master and crew- 200 00 Personal expenses of owners 250 00 Le(jnl expenses . . 850 00 Probable cntch, 1887, ■1,200 s .als, at 5 dol. 50 c. with interest at 7 per cent, to date 23,100 00 Chiini (if owner. of payment • « • • . 38,142 57 " Anna Beck." (Seized by United States' ship " Richard Rush," Juno 28, 1887.) \ .."■'e 0*" '.eS-el ,. .. 8,000 00 Noneon8umul)le outfit . . . . • • * • 977 50 Passage of master and crew . . , . • t • • 460 54 Personal expenses of owner • . • > 250 00 Legal expenses . . 850 00 I'robable seal catch, 1887, 3,1.50, at 5 dol. 50 c per cent, to date 17,325 00 Claim of owner, with interest at 7 of paym/nt •• 27,803 04 "Doi.rinN." (Seized by United States' ship " Richard Rush," July 12, 1887.) Value of vessel, 174 tons . . 12,000 00 „ nonconsiinuible outfit 2,051 50 Passage of master r.nd crew 300 00 Personal cxpeusi'S of owner 250 00 Legal expenses . . . . 850 00 Probable catch, 18«7, 4,500, at 5 ill lo!. 50 c. .. interest at 7 per cent, to date 24,750 00 Claim of owner, w of J aymeut •• • • • • 40,201 SO " AiFBED An\iiii." (Srhed by United Statc»' bhip '• Ilichnrd RuMi," July 10. IS87.) For— Aiijouiit of ('lai:n 111 put Torwani liv t'wncr. Vahu> of outfit ncilL'd . . . . P«t*)tul rtpHn«e» . . . . Lif«ai eipcnsi'-t . . , . . , Pfsbiiblc catch, 3,500, nt 5 del. AO c. Clnim of owner, with interest iit 7 per cent, to dnte of payment 083 no 200 00 .100 00 ly.iio 00 •:0,4.33 oo ' Ada." (Seiied by United States' ship '• I5eui ," August 2.5, 188- ••) Valiie of tfHHel, 68 long .. ., 7.'»00 00 „ nrinconsumnlilu outfit . . • . 2.6< 00 Puan^^, Sic, nf mutter . . . . . . • • • • 100 00 P(T»inal rxDcnscii . . , , , , » • . • 25U 00 leiial eipcnses . . . . . , • • • • 850 UO Piubable catch, 1887, 2,870, at 5 dol. 50 c. . . per cent, to date I3,<518 OU Claim of owner, with interest at 7 of payment •• 20,513 00 "Triumph." (Omi«red not to enter Bthrinj^ Sea by United States' ship " Kichard Rush," Au;;u»t 4, 1887.) MiiEMUr' 'I ,1 El-sfat boarding and searching of " Triumph," as get forth in Afidavit •• •• •• ,, .. ,. 1,900 «al-sltin« . . . , L#^ and other expenses. . . . , . , . Claim of owner, with interest nt 7 per cent, to dite of payment . . . . 2.000 00 8,000 00 250 00 10.250 00 I " JUAUITA." (Seized by United States' ship " Richard Rush," July 31, 1889.) KSl* Mal-skins. at 8 dollars Balaue of estimated catch for 1889, at 8 dollars SrOMflfS, Sic. ■• •■ •■ *• •• "Sfv chip's papers . . . . . . . . . . Le^ anid other ezpcases Claim of owner, with interest at 7 per cent, to date of payment For amended claim, see Memoranda . . H,r.95 00 17,097 60 4.900 CO 1-,124 0«> 30 00 25 00 250 on il ■J. :»■■ "Pathfindeh." (Seized by United States' ship " Richard Rush," July 29, 1889.) S.M skins seized, nnd estimated balance of catch (1,246), at I 12 dol. 25 c a-skiii .. .. .. .. ... 25,725 00 Gim*, &c., seized .. .. .. .. ..' 705 Oo Tiew papers .. .. •• .• .. ••[ 25 00 Ijfgai espenaea . . . . . . . . • . • • 1 2.')0 00 Gaim of owner, with interest at 7 per cent, to date of payment . . . . . . • • 26,765 00 ?. , ^ f|.* f I; Sfl , , t-ff *** 10 "'rnit'Mrii." (OnlrmI mil nf llcliiiiiK ^*''ii l>v I'liltnl StiiliV Oiip " KiiOiriril KikIi," .Inly M. IHKt) ) Pw- llnliinrc ii( ('•liiiinlcil i-nlcli of '.',A00, iit H iliilliira ii-«l«in l.i'Kiil iiliil Kllii'i rn|ii'n«i'n, . ,. .. .1 ,, Clnini liy mviu'i, «i(li jiiliMint ill i \»r ri'iil. to dalr III |iiiyiiiriil , , , , , , ,, Ami iMiit iif (iiiln iiK |iiil riir»nril liy OwniT. 1 1). 121 no 'IM no 111,074 00 " |I|,*(W DUMIINII." (ScixiMl hy |!iiilnl Siiiii<«' nliip " Kii'liiiiil Uimli." July II, IHH!) ) Til HkillK II'IKmI, hi M lIlllllllN ,, ,, ,. ,, '2,0'^ I kluiiN, Imliiiifi' i , Ki-iinl ., Nr» nlii|i'i< (viprii . . . , . . Iii-^iil mill oilier i>>|iriiiii'<. . . . . . • , I'liiiiii of owner, fvitli iiitrroat nt 7 por ppnt. to iliitr III' piiyinriil . . . • • • . I'.OM no 111,111^ no 110 no •Jj 00 'i/)i, no l7,lHr. i;n I "I.II.T." (Sciir.l liy I'liilni SliilrV hliip •' Uii'Imril Himli." AiikuM n, IHHlt.) .■\;t;l hVinn Rpifi'd, nl H ilolliir< ., Iliiliuii'i- iif I'lilcli, I.7li7, 111 M tliilliiiK Spiiiin mill null "rirril . . . . Nr« ollip'n piiprn ., 1,1 (Jill mil oilior pxpcniii'K. . , . Claim of owiior, «illi inlrrml lit 7 prr rout. In ilnic ofpiiyiiuMii 'j.imi on M.i;io 00 nil 00 '2'. on ■iAo no 17,1711 00 "Amu," (Onloml mil of Itdirinn Sen liy Uiiilcil Slntin" »liip " UiiOmrtl Iliwli," July !10, 1889.) Knlmicp of mtinmU'il rufcli of 'J.OCr, ( 1,1 .Mi), nt H ilollnm l,(<);nl Hiiil otlirr rNpriiHOK, , ,. .. .. ., Claim of owiior, with iiitcront nt 7 por crnt. to tlatc of pnyinciit , . , , . . , . 1).'2IH 00 •2M no ii.'i'.m 00 w " K IT'-'.'' (Onlmil out of IWiriii); Son by United Sinto.i' uliip " Uirlmril Uiwli," Auijint i;t, 1889.) Hrtlnnro of ratcli licnii\ mid otJior rxpcnscs. . Cinim of owner, with interest at 7 jier cent, to date ofpnymcnt .. .. .. .. I0,9lU) 00 :^;jo 00 11,210 00 at "Mixifii." (Hcited hjr ViAUi\ Hliifm' iilii|i " Rinlmril HihIi," Jily fi, ISH'I ; l'..r- Afri'Miiit iif 'Mniiii 111 |iii' firwiiril liy Owiii'r. i'il) n]t\im nftri'il ., ,, ,, Itrtlnin'f (if ciilfli .. ., ., (Iiirn iiimI njHiir" "(ixi'il ., ., .. ,, IjI'KIiI nriil (iltuT ('xpriiiii'ii.. Un). V. ;i. ;(iO 00 Vijra 00 fin 00 2/iO 00 (^'Inini (if owtii r, wiili irilir'iit nl 7 p'r '"nt. I'l ilntn of iiiyiiiciit Hl.ir.O 00 " I'a iiirtNdf.fi," (HoiiPfl liy llniti'd Stiif-n' uliiji " Tli-pinin V„r\s\\\," Miir'li :'.7, IH'tO.; HiHXiird mill ili'tciili'iri fruni Munli 21, IH'iO, tn Miiri li 20, IH'iO,, niiiin of invnci, with iiilcrnt iit 7 per lent, to di.t" of |)(iyiii"'iif, . . , , , . , , 2,000 00 2,0' 00 (ll.AIMI coll IHB'i. ( 'liiiini'il liy— KOT— Anioiint, (Iniiriod liiiviil Miinri', iiiimt' r of "(>ii«iiri|" ,. Miiryiitii li, iimti' of " Oiiwiir'l " llari'* (iiitloi MHif'ti, mfi'. Lain;;, immU- of '■ W. 1'. ^^^lywanl" l/iiii-i Olsi'ii, maMtcr of " A mm li'rk " Micliai'l Krcfc, iiiuti' of " A'liiii I'.ci k " \V. I'ltil, iiniHter of "Grniv" ( . A. I.uiiiUicru, iimto of " Ai!a ' . . Totnl for 1887 ,. Totnlfor 1886 and 1867 .. To lin nddcd to 1880, pornonal rlniiriM, Captain Oaiidin. of " Ada " Amended total, 188R nnd 1887 SiifrcriiiKH and lo««''^ navitrntins; fonr vi'N«r'l» from I'nalaska to Sitka I)ilto Ditto Kitto n.fo Dili'. Iliit'i Dit'o 2,r,;;r, oo 1,000 iXi 2,000 00 l.OOO 00 2,000 00 1,000 00 2,000 00 2,000 00 l.^.ca:, 00 .'ii,f,;;") (,'0 3,000 00 31,635 00 ^^' n [238] C 2 f ih ;f t ^ «■■< 'V H •'-■ . " '.4*, ■, ".' 12 Recapitulation. Ycnr. Vcssol. Amount elaimed. T.it.d. Did. e. Dol. c 1886 .. Ciirotoim , , . . . . • • < • •J 1,. •11.1 01 'rhorntnn . . . . , , • • * • •J(i,H17 (!:> Onwnrd ., • • • • 2H/JI!) 71 Fiivoiirito . . • • • • 7,000 00 IVrsoiml cliiiniR . . . . .. 18,000 00 99,-100 ;i7 18J7 .. \\'. 1*. Saywnrd • • • • 28,055 00 (Jrnco • • • • 3H.ir.' ,'•.7 Antiii lU'ck . . • • • • •.>7,8(>;l 0! P.'Ipliiii .. • ■ < . 4I),'J01 50 AU . 10,2o0 00 IVrsonul rliiiins • • • • i;),().i5 00 205,0!I8 11 1SS3 .. Jimiiita .. ., H,r,<>5 00 Pallitindor ., ,. .. • • 2l\7i)5 00 'rri'liiiph ., .. ■ • • • 19.67I 00 ll!a "k Diamond . . • • • . 17,185 00 I.ily • ■ 17.170 00 Ariel . . . . . . ■ • • • o.iim (to Miiiiiiu « • • • lO.KiO 00 Kiilo .. 11,210 00 lo2,()0:i 01) 2,000 00 1890 .. Pathfindor ,. .. Tiitnl claims without interest ff • • • • ■ •13i),lfll i» Costs (if suit before Supremo rmirt. United States ill IP seizure of " W. 1'. Wayward ' .. • • 62,817 12 TOTAI,. lSS'.i— Vessels . , IViMiiiul el.iims »as7--- W'SM'ls I'lrvii 111 elaiiiis ISSO — Vessels , , 1 890— Vessels . , •' W. P. Say« nrd " costs Totnl . . Kxtra for ".hiiiiiita " ., .. ■• lilack Diamond'' (1886) .. ,, "Ada . • • • • « " Ilcnrieilii '" Total Amendod total D,.l. e. SI, 100 37 18,000 00 l!)l,16.( 11 i;i,(i;(5 00 132,()()3 00 2,000 00 •1.19,1 fil -18 02.817 12 502,008 (50 ;l,002 60 7,50} 00 ;i,ooo 00 515,511 26 20,058 00 542,169 26 13 Inclosuro 3 in No. 12. Memoranda of Additions and Amendments made since the original Presentation of Behring Sea Claims.* "Ada." Claim of the Master, Captain Gaudin, for Personal Loss and Damage, 3,000 dollars. THIS claim was, by a mistako on the part of the a^cnt of tho ovncr of the "Alia," not included when tho other claims in connoction with this vessel were (-iitcivd. Captain fiaudin thoui,'ht that it had boon so included, and it was only on sooiiii; the ])rinted list of the British claims that \w. discovered tiiat such was not the case, lie at once reciuested that the omission mi litvir any responsibility or to exercise any control with regard to that vessel, and tliat tlierefbre they were unable to comply with the re(iuest of ller Jlajesty's (ioveriiment, that siie should be sent to a British port for trial; but, ho aililcil, tliat the claim of her owner for ccmipensat ion would receive due cousitileration wlicii presenlcd. The claim in (|uestiou has therefore been added to the general list of British claims. ■■•^m PIW 'W rRjfi ■m r ,{ '■ [■' ■ 1 , li ; » '! r. " UliACK DIA.MOND." Additional claim submitted by tho master, Mr. Henry Paxton, for damages alieii'cd to have been sustained by reason of tht; above schooner having been ordered oil' of Behring Sea in 188'? by ihe United States' autiiorities. Estimated catch for August 188() 1,000 skins, at 7 dols. 50 c. each (the price of skins at Victoria during the fall of 1880), 7,500 dollars. 'J'his claim was sent in too late lor insertion in tho general list of British claims. In view of the length of time that had elapsed since the occurrence of the action comi)laincd of, ller Majesty's Government deemed it advisable to cause an inquiry to be made as to the reason for the delay in presenting the claim. The reason i-iven was that at tho time of the seizure of the vessel tho co-owners, ss would be entertained. In the following yeai one of tho owners was lost at sea and another left the countiy, and it was only after the publication of the Award V ■ ■ ■ '■! , t 4. To these will he added the olaim on account of the '• Winnifi'cd," Then the amount haa been as'-ertained. u i: -^f (Imt Riuvivinij nwiu'v ('onsuKcd Ms nolirilor, nnd wns iiifuntHMl Mini lie luul ii i'diiil nnil «>imi(iiM(' I'liiini for ('oin|u>nsMiiiMi. Tlii> cliiim ^vn^ llini ilniwii ii|) ninl im-HciiliMl Hor Mnjcslx's (lovi'tiunoii! mNk nsi'i'iltiincil frdiii sulii-itntN iti inifMlinn ||,„| < nl' (iic " 'Hack IMaiMond " Ihmhu: I'mndiMl liv IIh> ri'vcniH' hIIIcimh nl" (In- I'mIIimI Ns,nnii onli'ii'il mil of Mt'liiiiii? Mca ii" IMHti, is (miIimi'iI iit |Iii> hmmmiIs nl" llic ( 'm.<|i,i|, liniisi> III' II'iivImsKs. ami Dial iImc jtruli'sl \\;\h maili* li_v llii> maMlri' nl' |li(< vcwhcI mi ||||> nrrival i>r (lio schixunM- al Vicluria. I i\il(>r lid' circymiHlaiKM'M, llcr Maji'slv's (Jini'ri'unMil cniwiilcnMl llial llic ii'immn allonoil I'or <1\(< delay n«>nM-i>a«i>iialilt'. ami ixavo iiiMlniclinii'^ llial IIh' rlaiin NitiMild In. invsonli'il (o llic l'i\il('(l SIuh"*' Molitvil tlial (li«> iiiiijiiial t-laini of llif owner of Mm* " .liianilji,' whit'li «as staled al 14.((!>r» dollars, lias Itei'ii (imciidcd so as In iiinoiiMl. Id I7. sKiim liad lieeii sold al Han l''raneiseo al an a venule of !( dnis, (i; , pov skin. No. i:«. Sir .1. I^ivtncrfolf liy Iht' Enil i)f hinihriffiy. (licrrivvd Jiili/ 14.) (Tt'lesjrapliie.^ WnstiiiuilDii, .hmi i'\, i \\ ITIl ii'lenMiee (o my l«^leir|-\m In your linrdsliip of llie ll/lli iii'lai ' ;' llie Uelivintx S(\a elaims. i liave llie liononr lo reporl. llial. while diseiisian;; oiiii Hie Seerelavy of Slale ilie levins of llie jirnposed Convenlinii. I h s reipiesied liy liim rmiiei\l would lie disposed lo sclllc Hume «'laims iov a lump snni. If so. lie >vas of opinion llial lliere wmild Im> no dillieiilh in ohtainiiii- from Con^i'i ss an appropnalioii lor wliale\er ainonni slmnlil lie ,if;i I npoii. Sliould no asin'eineiil lio arrived at. Hie i'nnvenlinii would pioeei'il. If llie aliove enursi' lie aeeepfalile. an e\perl sliniilil lie senl al niiec fn WasliiiiiflMn hv Ihe Canadian (iov(>rniiieiil In diseiiss lli(> aniniml. No. 14. Thf hlivl of h'ivihrilrti In Sir ./. I'nuiiirfnlf'. vlVletjrapliie.'* horrii/n Of/irr. Juh) |m. imi|. iN y»mr (»'lei:rani o\' llie lHlli inslani \nii reported lint Air. (Jresliaiii liiid ^imposed the payment liy llic Uniled Stales' « invcM-nment of a lump sum in selllc- nienl iM' the Mrilisli elaims arising out of llie seizure of iliili'^li sealini^-ve'im'K in Heliriiiij vS<>a. Yon sliould eoninmuioali* (liis proposjil In llie Canadian (invcrnmenl. to wIimim »: Ion snoiiiii «>oiutimi\ioal(» Uiis pi'niios;ii in tin an" lelegrapliimr for an e\pre,!sioii of tlieir \iews. No. 15. Sir J. VmincrfolP to Ihr Karl of hinilirrlni.— [lirrriml JnUj ID.) 5^ m (Teloijraphio.l Wnshivijld}!, .Inhi lit. l^'.M Ur.ilKlNc; v*^KA Claims Cnnvonfion : your Lordsliip's teleL,'r,'iii; .n" >'ster(lay. ^f 1 ha\c ,>iipulitHl iho Canadijin (ioveriiimMit with full informal '>" 'I'liry 'iiin ^ .locoptod propos.^1, and Uioir Deloi^.ito is ready to .stjirt for this eily wm-ii p-ipiired. in N'l. 10. Hir J I'nuiirnfnir In Ihf llnil nf Kimliprhi/. -{ Hfrrivnl /lin/iiiil I.; ('|Vl(.!Mii|ilii''.) H'liihitiifhni, ,1iiifii/il Jl, \HM. MrJIIIINO HIVA clfiitn'): rriy ('-Miml.), (,r llic KM, .Inric Ifol. Willi inlfrf«(, I icf|<(in Ihc lolnl (ifii'iiinl n't Ihc rl.iirrm mnl, in nt nlioiil, 700,0(»0 (liilhi'J. In 'inlrr In u«'l rid nf Mn' ('mmvc(iI((;|i, willi il^ dcliiy find ('i[|icnMi', I li>iv« ,rii«iiii In lii'licvi- Hull lliiM irr|fim if>ienn I'l li'di'vi tli>il (iniW'd Hinf/i;' < I'lViTiinn-M wnnld I, If If 'MiM.OfiO dnIliKs In >ivnid d' l»y 'ind »'X|»»'fi';»i f'. , ifU'Tfipli.c,; Fnri^i'jTi fjf/if, A'l'jn^t f;, ]H'.f\, i !IA VI') n"<'(iv, I^Mu WITH r<'ry till; .Marfjiu-H'* n) }! jj^m t'l tririHrnit to vnii, for tli^; inforrfiali'f>n of tr,.^ Kan '/f j^ h-KTilitirlfy, (I copy of a t' 1» ^r;».7i from the y ot' So. 16. 'A£ M f IVlinisfcrs would he prepared f'> nccopt Uic sum of 45(),()()() dollars in sottlcmcnf df n,,, Mclirinu: ^ea oinims. I nni. &c. (Sinned) JOHN iniAMHTOX, Iiiclosure in No. 10. The Karl of Alirrdrrn In llir Marquess of Itipnn. (''\>'e!>irpliic.) ■vi*» YOVW teleunun of tlie Uli An^Misl. ^ I have received follDwini,' (elenr.nn from luy JVinio ]\linistoi': — " Vonr !'"\eclleney's tele<^rani rr hniip sum. " " 1 would advise aee( of IJO.OOO dollars." -tiKjust 1, mill No. 20. The Earl "/' Kimlrrleij In Sir ./. Pnuneefnte. ('i'eletrrapliie,) Foreign Offiee, AuijusI 10, 1H!I|.. I IIAVK reeidved your felei;rani of (lie .3rd inslanl. on tlie Nuhjeet of tln' Uelirinij: S(>a elaiins, and I authorize you lo aeci'pt (he sum of I. 'tO,000 dollars in sfttji'. Uietif (hereof. No. 21. Sir J. /'(/(( . fole .'o the hlnrl of Kiiiilierleii. — {Reeeived An(, is unwillinf; (o oll'er more (lun Itt't.OOO dollars, lie is anxious (lia( (hetpiestion should he seKled hefore \\w adjourn- nuMi( of C'ouffress, and he hopes thai, in ease Her Alajes(y's (iovernment should \w unahle to acoe[)t th<> sum proposed, the Convention will he signed at onco. No. 22. The Earl of h'imhcrlvi/ to Sir J. Vauneejote. ;'relei;raphie.) ' Foreign Offiee, Ain/ust 10, 1S!)|., Ill",l! Majesty's (lovernmeul hav(> suir'j;esti>d to the Dominion (Jovernment, In {(detrraph, that one of the Canadian Ministers should proceed (o \Vashin)r ./. Pauneefotf to the lunl of Kunlirrlei/. — [Received Aiujust 17.) (^ I'ldf irraphie.) )}''ashinijton, August IG, 18!) I. lU'MHINTr SKA elaiins. I have to-day succ'ceded in (d)(ainind this Session if (his olTcr be accepted at once. The Secretary of Sia(e urgently requests immediate reply If Canada agrees to accept the lump sum which is uow offered, Avill your Lordshiii authorize nie to make a settlement on that basis? 17 No. 2 1 . Cnlonliil Of/in> l„ Forf'njn (^jPrv. — i Unrrirril Atiijimt L'n.) Sir, Diiiniini/ SlirrI, Jii(iii^s,■llI(,I•. I iiin, itc. CSi!.:,(d; JOHN I5I!A.MHT0N. I iicldsiiic in N(j. ii I , 'I'lir Em I ill Aliriihrii lii ////■ Manjiirss of Union. (Tclcu'rnidiic.) {H,T,ivr,l AmpiM 17, )^',)|., 5-20 i-.m.) IN reply lo your l.ordsliip's tricuriiiii of Ihc |."»tli iii'.tiinl, I have to-day l(,'lci,'rniilicd to Aiiiltassiidor !it. \\ asliin^'lon as IoIIowh; — iMy J'riMic MiiiiHlcr, ill ri'ply to 8ii<,'u'f;stioM of Her Majesly's (Joverrinient thai, a AJiiiisler sliouid proceed lo Wnnhiri^'ton, lejeirr/iphcd last iiii,'li"t ;m follows: "I have asked Hir C. II. 'I'lqtper to ^o at once." No. 2:,. Colonial OJ/'irc lo honi'/n OJ/iir.~ { Urrriitil. AhjuhI 27.) Sir, hhduiinj Slrri'l, Aufju.il 2'), 18!) f. AVITII reference In tlie UehrinL;- .Sea eoiiipensatioii cjainis, I am diref:tef| hy the MiMMpiess (d' liipoM lo IraiiMiiit to you, to he laid htd'ore the Kiirl of Kiinheriey, a leli'Hrani rcccivi'd from the (iovemor-f ieneial of (';iii;i(h'i.. reportin;^' thnt Sir (J. Tupper had left Wasliiuyloii, and had agreed to iKvept the sum of J2Jj,000 dollars if paid this year. t am, itc. (Si-ncd) .JOHN niUM.STON. llnclo.sure in No. 2'). Tlif I'j'irl of Abeiftfcii lo Hf Mnrqwus of RIpon. {T(ipi,'rapliic.) {Rf^r.mKtd, Avrju.it 22, 1S91.) •MY I'rime Miiiisl(;r hris telejjraphed to me lo Ihf! effect that Sir C. Tufiper lias left Washington, and has agreed to acccjit the sum of t2.j,'J00 dollars if the amount is paid this year. II your Lordship No. 2G. Sir ./. Pauucpfole lo Hid liurl of Kiiiilinrlry.~{Iieceiieil Awju-H 29.) (Iv\tract.) IVn.^liiii'jIon, Auijuft 21, 1S9I-. I HAVE the honour to report that Sir ('. Tujiper, the Canadian Minister of ^larine, arrived on .Saturday l.'ist to discuss with me the position of the pending negotiations respecting the JJediring Sea claims. Wo called tlie same day on the Secretary of State, and yesterday moniiiig Sir Charles Tupper, at my request, accompanied me to tlic State Department, Avhere we had an interview with ilr. Grcsbam. [238| D i iMi IS is ■-!!!, I ^V(< (Ikmi iliKiMissiMl (lir i|ii(>sli(in nl (lir l\iiit|i sum, mikI Mr. (iiv.s1itnii nImIimI Hmi „ wtH'K aijo (li(> :ijtpvo|iri.'i(ioii ol' (he j)>ou(\v li\ r!iNilv Iimm' Imumi olilMiniil, hut. It \v;iN 1.1,1 l)it«' 11 n .>\m"i\i\ to (lie (li<|);nim<' ol llu' Mcniliors :n\il of tli(> im|M';irliiii lulilv ol' olil;iiMii\'j,' ;i vol in;' iniormu. Ho Mililotl, liowi'viM'. I'tnl llioro would lio uo (iiHiouHv iu jjolliu", llio !i|t|no|iriiiliiiii \otoil on llio uioi 'in;:: "I Tousiross in Pt't'iMulicr uo\(. Uo ihoroloro mi'; ,.s(o.l lli:il ll\o l(nu|i Miui ini;:;lil Ito MooopliMl Hulijorl i>* llio ri^jii of lior Miijosiv ■, ( !(i\oriiiiioul lo ic-^iiiiio llio uoivoliiilioiis for llio (\>ii\oulioii i\\ .mv tiiiu* hol'oi'i' llio ;iiiiiro|)ri;i(iou slioiiM lii> ;iolii;ill\ lUiiilo. Tliis ju'o|ios:il. .•imioMriiiiv s.'Vlisl.iolory lo Sir t'liiirlos Tupiior, was !\0('0|i|oil li\ me, ,'iiul 1 li:i\o uow llio liouoiir (o iiiolosi< oopios ol' llio iioIon o\oIimii",oi1 Ih'Iw i Mr. (irosliMiu jiiwl luyxoU" rooonliu. ill lioliiilt" of lior iMtijosly's tlovoriiiuoul. llio OMliiMisliiiioul ol' n Mi\o,l Coiiiiuission lor llio purposo ol' vi-ril'v iiii;: Mini ;nljuNliii;v H"' HriliHli oliiimu |'( OoiiipoiiN.'ilioii lor llio soi/iir(' o if Urilivli so;iliii!v-v<" s<'rioiis 1 1< liltioiillv is .'iiilioijiM iIimI ill sollliiov •'•11(1 (lol(>riuiuiii!!; llioopi'iiiM iiilorosl lo liolli (lovi'ruiiioiil'i lli.il ly iiio;ius ol' ;i Mi\oil ("ouiiuissioii, il js ji iinltor tlu\\ slioiilil, il" possiMo, lio (lisposoii ol' iu ,'i siiuplor .'iiul loss oNpoiisi\o w.'iv. I'l !iro liii;'.s ]\\ .1 Mi\oi| ('oiiiiuissitiii. «liilo alwiiys iiiuro or loss roriuiil .'lud ouiiili<n Mihioolod liv liolli (Jovoriiiuoiils |o a llioroui"l a dirc-ol soltlomoni lA' lh(< oiaiius hy Iho paymoiil ol' ii liiuiii sum in I'liil satisfaolioii ol ail doiiiamls ror daiuauos auainsl (Ii(> I'liilod Slalos j^row iiil; oiil of llic oontroNiM'sy hol\M>oii l' < I wo (iovormnoiHs as lo llii> I'lir-soals in Uolr/ini;' Soa. and In this Olid 1 am inslniolod hy Iho I'rosidoul to proposo llu> sum id' 'llTLdUO dollars. Tliis prii]iositioii. if il slnnild prove lo ho aoooplahio |o lior Majosty's (iovorniiirnl, is lo ho uiidorstood as haviiiu,' liooii made siihj(>ol lo flio action of ('oiii;ross on Ilic ()uostioii of appropriatiiu; Iho iiiom-y. Tho I'rosidoul can only iimlorlako lo siihiiiil tho m:\ltor lo (.'oiii^ross at llu> hoirinuiun' of ils Session iu !»"fenilior next, wilii :i nvouiineiidation Ihal the iiioiioy he approprialod and made iu.iuoihaloly avail.'ihle fur tho purposi" ahiui' o\pn'ss(>d ; and if al any lime h(>fori< lli(< appropriation is niadi' your llovemmoiil shall di'-iiri>. il is iiiideislood thai Iho uo!;olialions on whioli wo liavo for some tiiue Ihh'u i>ii!;a;rod for the oslahlislimoiil of ii Mixotl Comiiiissioii will 1m' IXMU'Wol. I I ( lavo Ac. SimuH 1) \V. g. (JIMISIIAM. liiehisiuv 2 in No. 20. /Sic ./. l\wiicfj'olt' to Mr. OrcKliam. Sir. _ IViisluiujInii, Aityusl 21 , 1 89 !■. T TTAVF. the limioni' to noknowU^iijo the receipt of your note of this ddic on llio suhjeet of our iveeiit ne;;oti:itioiis for the adjuslment, hy meaiiH of u Mixed Com- mission, oC tlie elaims of Ure.nt lUilain against the UniW Stales iu respuct of llie Ill Mill n(;i(('(| |||:i| ,1 I' li('(>n tilil.iiiiiil^ ' I 111" illl|tl'!l('lii';i. Ill' flll|ini|ili;ili„|| ijiM-l (u (li(> li.;||| llVOllliun Ml ;i|iv ll'IM<|lll'(l llV HIP, i;iii'v<"il lirlw I lyiisf 'J I. mm,, I IlllVi' linvv lllr III .lnn<< liisl, in (ililiMliini'iil nj' 11 I'iliNli t'liiinw lor iiiiii!'- till" <'l"MiiM Dvrrnnionis Hint isJM' \v;i\ . I'm. nil iMniiiiiMNiiiiii', |iiMis(', nut iiiliv lilnitiuii ill I'lins liii'li (III" ('i.iiiii'i I'll ('oiiiniissidii, iliiiii lioili ii|i(in III ol' till" wlidjc s !i'l\,'iiil;i!',i'i)iiN, nil Sinn in lull II iiil; Dill III' 111!' ill!; Ni>;i, ,'inil 111 M) iliilliirs. 's ( iiiVi'l'Mlliriil, i>iii;ri'ss on llii' ■IiiIm" (d .siiliniil • iH'xl, vvilli ;i l_v nvnilaiili' lor iiitioii is in.'iili' Ullifll \VI' llMVl' iiisnion will In- .;ri;siiaiM. isl 21 , 189 1 . lis (laic on (lio Mixod Com- irspoct (if I lie w-i/,iiry Mii' |iii.ynii'nl. Ill' 11 liiin|) Hiiiri, in (inliT In iivoiil llii' ilrliiy hihI i<|iiiim', i,\ i\ Mixi'd f Jomifii'^-ii'in, iind tlwil V"" li"Vi' li'''''i in^triirlcil (n |hi.|iiiM', IIii' i,iiiii nl I ;J."i,0()') il'illiiri. YdU mNii Minlii llidt. lln- |irii|ii»';iil \h iriniji' wnliji'cl, to tlic ufvi-iwry (i|i|ir()|)iifi(i'iii liy CiiiiKi'i"''!. •" vvliicli i( wiinlil li" milnnilli'il nl I lie lii-j.^inniiii'; dl' ilt Hc>;4idd in l;cfiirilii'r next, willi II ri'diinini'iMldlidii lli.'il Mn' didin y ln' iiiirni'iliiilily fivnildliji' I'lir Uim |)i(r|id(, the mim dH'cr'-il, ,'oinilril willi till' fi'iMiiriniri- dl' |irdiri|)|, |i;iyiMi'Ml, iilllidiifdi the ;iiiidiitit, i^ niii'di Iji'idw tlicir cHl.itiiiili' dl' llic rdid|iiii';iilidM v,liiili nii!';li(, I'liirly li" !iw;iii|i'/l l,y ;i, \Iix''d ( 'im- llliHMidll' K.Hlldlllll III' linillT':(ddd, (In Tll'dic, (li:il i I' |||C liciy.t irit idllH I'dl' (I. M i X' 'I ( !dMI dlisi.idn r.liiiuld III' I'cmiini'd, (tic !ii'i'i'|il.'ini'i' ul' ydiir |ii'd|)d:;,.l ';li;ill In iid vv'iy (iri'|iidi''c, Ilic clMiiniiid't in (In' rnrliii'i' iiidsiTiilidii id' lln-if iI<'mi;iii'I'i. It. only rriniiiim lur hh' In cxihi';'! tiiy i^nitiCicfitidn ,'it llii., ;iiiii'';ilil'- 'dlnlidii dl' thr, JMsl Hiili.ji'i'i. id' (liH(•l|N^idll ill III'' Idii;^ I'l'liriii!^ Hc;i cdiilrdvcr.iy . I li;iv!', th:. (Si-^Mii'd; .m;iri;. Nd. 21. 'I'lir I'jilil III ImiiiIii I III/ til Ml, < iii:ilirii. Si|'_ I'lili'iilll f)llili\ r^i/ilriiiliir '-, mill. I IIAVM iTccivf"! sir .liili.'iii I'aiini'.ildic'-; i|i'^|i;i,t.(di dl' tli" 2ht, nltirrid, Idr- ujii'iiiii!; Ilii' iidti"; r\rli;in!j;i'ii lii'lwriii hi'; I ',xcc| !>'ii''y ;i lid .M r. (irinlniiri with riLo'ird III till- Nclllfnii'iit liy III" |i!iyini'iii. di' lii.'i/.'d'i ddll.'ir.s dl' Ih" (•I;iiiii-i ;i;.^:ii(m! Hi" l'iiit,"f| S(nli"< ill ri'H|i('c(. dl' lli" s"i/,iii'" mI' liiitisli sciiliiiL^V"^ "K hy I nilcl Stit"',' (•riii-iiTi in lli'liriiii; Hc'i. iji'i' Mri jcsly'H (idV"iiini"iil h;i," Ic'inil witii iniich |)l"'i ,iii" Ih.it tliin .■irr.'iiii^'(;rn''.iif, lijiM Im'cii ( diidiidnd, niid iii">ii'" Id "\|iri's( ih'ir ;i])|ii'dv;il dC .^ll• .1. I'.'iiinfV'rdfc.'s |,iii'^di!u,'c (iiid lud.idM llirdiii^lidiil, Mi(! iici^Ml.i.'ilidiis wiiiidi liiivc led l,d (liin hul.isl'act.dry roMiill.. f arn, <%c. (Hi'jiiml) KIMI'.KiaiiY. HM Nd. 2S. Sir ./. I'fiiirirrfot'' In tltr Hml nf Klwhrrh .j,- [Hrr.rin'il Drrpmhnr 'M .) ^Iv liord iViinhiiit/lov, Dfcomlmr 2\ , I80t. I HAVi'; III!" hondiir In Cdrwiird lifrcwilii rin (•\tr;i"t 'frdiii Ihc " fVin'^TcsHidnal IN'Cdrd " dl' llic ir>lli iiislrinl, cdnhiiiiiii'j; :i, l.'isdiiilidn lirdii'_dit I'nrw.'ir.l in tin- lidiisr; III Itcpn'scnhil.ivfcM hy lli" lidiidiirihli' .Mr. Hill, r"(|n"stint,' tin- imhlicdtid,! >!' nil (jdciinicnls toiKdiin;,' flic iiiiyiiicnl hy lli" l-'nilcd Shilc (d' 12.".,(i(J') drdlnrH to Gi'fit. I'liifnin I'or djimtitcrs i^Tdwiii!,' did, dfl'lu! cdiilrovcrsy fis to fi(r-s(r;ils in Rchrint,' Sci. This llcsdiiil.ion, tdiri't.licr \'.illi n nidlioii to r""dnsi(l"r Ihn VdUs hy which (lie l!i;s()liitidii \v:iH .•iddplcd, w!(s liiid on the 'I'lihlc I iiiidcr.sliiiid rroiii Mr. (ircHli:un thiit. i'lill iirirticiil;irs (•diu!(;rniii'^' the JirrnnL'crnciits ;uiivcd ill iiav(3 I)C(;n f,'iv(,'ii (n Hi" <'i»iiinii(tc" im l''drciLdi llchilidiis, and thiil. Hicn; is \'m\ l^ - ■ I b^- ^7 I V i'7 ,' . ; ij(» I J, 7.; ? ■•-t A 1 20 no ronson to doubt that thn money will bo appropriated, notwitbstanding the atfoniiit made to obstruct the st'ttlcment. 1 liave, &e, (Si-nod) .TFLfAN PAUNCEFOTi:. I\S. — It is stated in the " Con£?ressional I{eeord"of to-day that tbo Secretiiv df State has transmitted " Corresjxjndence tonehin^' the Ik'hrini; Sea eontroversy " td'tli,. House of Ilepresentatives, wiiieli has been ordered to ])e printed. [ inclose an extract to that eirecc from the " New York World." .1. P. Inclosurc 1 in No. 28. Extract from the " Coiitjrcssiotuil Uecoid" of December 15, 189.1. 'iiiK l^EixRiNG Ska Contuovkksy. Mr. I]lll.— y\\'. Speaker, I desire to call up a privileged Resolution reportinl to-day from the C'onunitlee on Foreign Affairs. The Spenker. — The Clerk will read the Resolution. The Chnk read as follows : — " Rfsohr(l,~'\l\i\\ the Secretary of State be requested to communicate to the TTousc of Representatives, if not inconsistent with the interests of the public servie(>, all correspondence. Reports, and other documt'nts not hen^toforc made public, toucliiii;' the i)ayment by the United States of 42.'),0()(> dollars to Cireat Britain for (lanla^■l.s growing out of the controversy as to fur-seals in I^ehring Sea, or the seizure of Rritisli vessels engaged in taking seals in tliose waters." Mr. ilitt. — That is an unanimous lleport, ^fr. Speaker. Mr. McCnarii, of Kentucky. — It is all right. The Resolution was ado])ted. On the motion of ^Fv. llitt, a motion to reconsider the vote by which the Resolution was adopted was laid on the Table. Inclosure 2 in No. 28. Extract from the "New York World" of December 21, ISOi. Reiiiung Ska Damages. WashiiK/toii, December 20, IMIf. •SECRE'J'ARY CrRKSirAlM sent to the House the correspoiulence which resulted in the oir(>r of the Tnited States to ])ay l'"2.',()00 dollars as damages for seizure's or warnings of Rritish sealers declared by the j'aris Tribunal to have been illegal. AVitli it was a statement of the Rritish elainis. In his Re|)ort tlu' Secretary says : — " If the ])lan of settlement recited by the President in his Annual Message is not acceptable to Congress, the controverted questions must b(> determined, either by tlio organization of a .loint Commission, or by negotiations between the two Coverunients. Ex])erience has shown that International Commissions are slow and expensive, Sl'iuld such a course be resorted to, the evidence would be found mostly on the Pacillc Coast, widely scattered, and counsel would be needed to examine and cross-examino witnesses. "The question of indirect or consequential damages having been withdrawn from the Tribunal of Arbitration, the pending claims arc for JJritisli vessels actnally seized in Eohring Sea or warned out of it by cruisers of the United States. It will appear from the submitted correspondence that the agreenuMit to pay a lump sum of 425,000 dollars in full settlement of all demands, authorized to be made under the Treaty and AAvard, was proposed by this Government. The amount is considerably below the damages claimed by Great Britain, exclusive of interest for a number of years. 21 LUNrEi'V)Ti:. jlution rojiorfcil " Tf this arrniijTcmonf. dops not roovWo tlio approval of Compress, and tlic dispiitrd questions arc suhniittcd to an Intmiiitional Commission, it is Relieved tliat tlio iunoinits allowed and tl xponsc ol" tlic 'I'lihunal, incliidiiiL; wilncsscs aud tlic tiikiii!,' of tli(>ir testimony, will laryvly exceed 4:i5,()0() dollars. In view of tlie facts and \vha7 iiKiy l)e reasonably expected as the result of a Commission, tlic IJndersin'iicd snhniifs tliiil a promi)t and tinal settlement of the vexations conlroversv hv an appropriation of till- linnp sum a!,'reed upon is advisable." No. 2!». S!r J. Pnuncrfofe to the EmI of Kimlierleij.—{l{erriied Fcbruunj 1.) Jfy Lord, Witshinglon, JaniKiry 21, 1895. AVITir reforonco to my despatch of the 21st Deeemher, I now have the honour tn forward liercwith to your Lordship printed correspondence touching' tlic! J$eli Soa controversy, which has ht.'cii laid before the House of Itcpresontativcs purs to the House llcsolution, dated the loth December, Ih'JL I have, &c. (Signed) JULIAN I'AUNCtlJ'OTE irini,' •suant .tvi I thoricsoluli Inclosurc in No. 2!). .'j3n/ Congress, 3rd Session. — E.r. Dnc. A'o. 132. IIOUSK OF TlKPnESKNT.VTIVKS. BeIIUING SlOA CONTUOVEUSV. Lelier from the Smrtari) of State, transmit tlmj, pursuant to House Resolution, dated December 15, the Correspondence touching the liehring Sea Con'.roversij. C'J Deeemher 21, 1891. — Referred to the Committee on Foreign Affairs, and ordered to be printed. The Speaker of the House of JJcpresentatlves : THE Undersigned is directed by the President to respond to the Resolution mldpteil by your liononrablo Body on the loth instant, requesting the Secretary of State "to communicate to the Jlousoof lleitresentatives, if not inconsistent with the interests of the ])u])lic service, all correspondence, Uejxirts, and otiier ilociuncnts not heretofore made public touching the payment by the I'nitcd States of I25,00() dollars to (Jreat Britain for damages growing out of the controversy as to fur-seals in Hoiiring Sea, or the seizure; of British vessels (Migaged in taking s{>als in those waters." The Undersigned accordingly has the honour to commiuiicate to the House of Ticpresentatives copies of tlu> correspondence exchanged on the subject covered by tlio I'esolutiou, in wbieli will be fo\nid a statement of the claims tiled by Great Britain lor damages sustained by British subjects by reason of the seizure of their sealiug- vessels in B(>hring Sea, or of being w.arnod to cease operations therein. rhe Taris Tribunal of Arbitration held that the United States had no riglit of protection or property in the fur-seals in Behring Sea outside the ordinary a-mile limit. Article VIII of the Convention of the 29th February, 1892, whereby the ques- tions which had arisen between the two Governments concerning the jurisdictional rights of the United States in thoAvatm-s of Behring Sea were submitted to arbitration, recited that the High Contracting Parties had been unable to agree upon a reference which woukl include the question of the liability of each for the injuries alleged to have been sustained by the other, or by its citizens, in connection with the claims -'i. :0: m ;<■??! mm ■I »9 pivsontod niid ui'god hy it, and that, hohij^ solicitous tliat tliis suhordinnto (|ii('sti(iM Nliould nut iatcrntpt or l()n<4(n' delay tlio suhmission and dotoi'ininatiou of (lie main qiicstious, tlicy liad airi'i-cd " tliat citlu!!" may submit to tho Arhilmtors any (|Ucsti(iii of fact involved in said claims and ask for a llndini; tiioroon, tho ([uostion of the liability of oitlicr Crovi'niincnt upon thu I'ucts found to bo tlio sulijt'ct of imtli.r negotiation," Under Ibis Article the Arbitrators unanimously found that a number of lliitisli sealinij-vcssels were seized in iieln-in^ >Sea or warned tberel'roni by cruisers of th,. United States on the days and at tlu^ places in tiie special lindin;^ mentioned, Icnviui; for future deterininalion the (piestions as to the valuo " of the said vessels or *'(-■• contents, or either of them, and the question as to whether the vessels i.icntioiioii m th(> St'he.lnle to tho Uritisli Case, or any of them, were wholly or in part the aciunl ])roperty of citizens of the United States." If the ])lau of settlement recommended by the I'resident in bis last Aiimuil IMessacro is not n(;ccptable to Coni,'ress, the reniaininii^ coi\trovcrted questions must bo determined either by tiie ori!fanization of a Joint Commission, or by negotiations bet ween tho two Governments. Kxperience has shown that International Commissions arc slow and expensiv. Should such a course be resorted to the evidence would be fouiul mostly on the I'aejlic Coast, widely scattered, and counscd would be needed to examine and eross-exaiiiino Avituesses. The question of imlirect or consc(iuential damages having been withdrawn I'lum the Triijuiuil of Arbitration, the pending claims are for British vessels actually seized ill Jk'hring Sea, or warned (uit of it by cruisers of the United States. it will appear from the submitted correspondence that the agreement to pay ;i lunij) sum of 425,000 dollars in full settlement of all demands authorized to b(> niridi' under tii(« Treaty and Award was proposed by this Goverinn'mt. The amount is considerably below \hr damages claimed by Great JJritain, exclusive of interest for a number of years. If this arrangement does not receive tho approval of Congress and the disputed (|uestions are submitted to an International Commission, it is believed that the amounts allowed and the expense of tho Tribunal, incduding witnesses and the taking of tiieir testimony, will largely exceed t25,0O0 dollars. In view of all the facts and what may be reasonably expecitcd as the result of a Commission, the Undersigned submits that a prompt and linal settlement of tiie vexatious controversy by an a])propriation of the lumj) sum agreed upon is advisable. Respectfullv submitted. (Signed) W. Q. GIIESIIAM. Depaiiniciit of SUtle, Washimjlon, December '20, 180f. No. 30. Sir J. Pauncefole to the Earl of Kimberley. — [Received February 26.) (Telegraphic.) Washington, February 26, 1895. UlCHIUNG SEA: Lump .sum. The House of Iteprcscntativcs, by an adverse vote of 143 against 112, rejected tlie proiioscd appropriation for the payment of the lump sum agreed on. In Committee of the whole House, it had previously been adopted by a vote of . I All directed l)y tlic Mur(|iicss of llipoii to ai'kii()ttU(l;»c' the rccoipt of voiir leftUT ftf the 2»>th instant,* rcpoitini;' tliat tlie House o\' iU-pre-tnlativcs in the United atiJ** ItaJ rejected the vote ibr 4l'5,<)ihi dollars in settlement of the Uclirin;,' Sea tliiiiiii*:. I am to rcciuost that you will infoiiii tlie ilarl of Kimlieilev tliat Lord Kipon Uit noifttTcd this intelligence with much loj^ret, as he had hoped that asi end of this P((iilroiTCT*T had i)ecn reached. It will now he necessary to resume at once the negotiation of tlie Convention, nixJ it* CongTC*-* will rise at an early date, and the ratitication of the Convention, if T,r>1 ortKflmltd at once, will he postponed for another year, he would sujfgest that Her Mii,w**y'* Amhassador at Washington slumld he instructed to resume witliout delay tl>e tli ultimo on tlic suhject (d'lLi- liehring Sea claims. Y'yo .^hoalcl a.sk Mr. Gresliani whether he will at once resume negotiations for a Convfiajjon, lord Ripon suggests that the (Jovcrninent of Canada should send a Delegate to a---i^ at \V.t.ihington. Yob fthftold strongly urge the necessily of settling the (juestion at once, either br iLt' jiajn"^iit of the lump sum or by a Convention for a Claims Commission. MM ^ed in some oilier No. 34. Hir J. Pftuncrfote to the Earl of Ki'iibcrlci/. — (licccivi'd M-irch •"3.) I'Td'^sraphic.) Washington, March 2. 1 ">().'. BEHRLNG SEA claims : your Lordsliip's telegran-. of the 1st. Tine Secretary of State informed nie that he is (pilte prepared immcJiately to re-mm* uegotiationa for a Convention. Present Session of Congress, liowover, closes on the 41ib imiHaiiit. and the Convention, when signed, must be sul)mittcd for confirmation by a 1»<>43iiiid§ majority in the Senate. It cannot, therefore, be submittc J to the Senate, uiJeas a »pepial Session be called before next December. I Laxc urged in tiie strongest language the necessity of a promj)t st;v ..i t-nt of (he claims one war or another, and every effort to effect it has been vainly exhausted by the President ami Mr. Gresham, They have even failed in an attempt to obtain from Cragrtsf an aj^opriation for the payment of the claims subject to tlieir examination by & Q-rmBnm&a. to be .appointed for that purpose, or for the .simple expenses of such a Commifi^on. I r(e. fuction lieiv and in Canada, liiil tliat it \w»iilil U-ml lo diiniiiisli conlideiici' in the |iiiii(i|i|o of ai'Idliation. It was liie nioie inil'orlunali', hocause it was coincideni with tlie piopoHal made liy the I'nited Stales' (lovenimenl lo reopen the \vli(de mailer wliieli iiad so recently luiii sellled Ity llic Arliitration. !\Ir. I5avavd said lie sliared my reiirel at tiie I'ailmv of Congress to provide lor the t oftlie IJrilisli claims, liut liial lie wascerlain llial liie IVcsident and Mr. 'ram of to-day's (hite, [ liave tlie honour to iiicliM' lierewith extiaci tVom the " ( 'onuressional IJecord," containinu,' an accoimt -f the n'jeclioii of the propositi approiiriatioii of I'jr'.iKK) dollars lo pay dainiii;es ari' 'it iif seizuri's in lU'nrii':;' Sea. 'I'hc proposal, after a twt) hours" didiatt', was upproved in roininitteo of tin uIkiK' Hon-e liy a vote of '.)S lo Sli, hut o'- a siilisi-iiuent vote, when the ainendineiit \\i[> reported, tin- House rejected it hy a majority of WJ to li;5. I have the honour to ajipend a precis of the deliate prepared in this Hmlmssy. I have, ite. (Si-ned) .JULIAN PAUNCEi'Om liic'losiu'c 1 ill No. ;U!. Kxlrarl from the " Coiigrrsaloiial livvord" of Ffhruiiri/ "'}, ISl).'). [Not printed. ) Inclosuro '2 in No. 3U. Precis of Debute in House of Representatives, February 2.'), 189.'). THE House lieinij in Commilteo of the whole tor the consideration of tlic General Deficiency Bill : — Mr. Iheckenriihje moved an amendment, providini;- for the payment of 4i?t',00u dolhirs to Ciroat lirilain in full satisfaction of all demands for ilama,»es j;rowin^' out of tile controversy hetween the two Governments as to the fur-seals, in JJcliiiu;; Seu. There was no (piostion, lie said, that under the decision of tlie Arbitrators tlio United States .should pay Hoinetliinir. It was olijecled that the amount nj^jreed on wa> e.\ee5!>ive, in view of the fact that the claims were in part based on consequcutiui CIMHKULr/i. ..•,-t. "liifli, in iIk' ciiM- 1)1' (he •• Aliili.iiii!!," wcir iii>l inlmittcd. Itiil IImt*' «iH a ,liiriMiMi('(' liclu.vii lli.> .Msi'-^. Ill til.' CMHi- of Ihc " Aliilcimii" llic \M-Miin' v\in (lie ii„|ir,..'| II ■( i»r tlic (Idvitiiiiu'IiI. iiml in llu- |iii«sciit chhc it wiis lli,' diroct iicl. And, tiiiili. r, in till' pii'si'iil ('(IMC, a nili' wns iiMiccd on wliicli nlluufd (•(MiMvinciiliiil diiiiiii','(N. ,lii,l:;nii'n(. hail ln-cii !;iv<'ii iii;ain,l tii(> United Sl;i|.^ jnid {\w nnlv (|nrslli)n li'll was llu- „;,„'~sMicn( III" diiiniii;(s. liCiiviiii;' oiil llu- (•(iiiM'i|in'nliiil da ma ';(-:, llicrc uonld icniaiii a .iiim, iniiclically iindi^iinlcd, for L'l'7,(I(m» dollins, mi widcli iiilcivsl wi.nld liiivo to In- |,;ii,l I'm- M'vcn \caiM, if tiic nialliT \vi;s idriu'd to a (!on)mi>si(>ii, and. in addiiion, (licri! „i,mM li' tlic i'X|HMH(' (if liavini;' Arliilralor.. Tlic liar;;aiii was not a had one, and, on liniiulci- unmnds, it did iiol hcconu' tlic I nilcd Stales to :;(> ihnvn lo tin- ta\ciii and ili-niiuiico the .liidiio, as liliLi,Hii(s soniclinn'; do wIid liivc lo.,! llit'lr case. 'I'ln; ri.ulit rmiisi- was lo solllc thr inatlor at oiilt, and iciih.vc it as a caii^c oT disa;ri'cnu'nt llOtWt'l'll till' two |H'01llcs, Mr. ('(uiiioii (llfpuliliran) was nui <)|i|Hiscd In llic |iaviiicnl niilcss it rcvcrsod a liriiK'il'K' alrcadv Hi'lllt'il. 'I'Ik- Ailiilralms onlv (Icridcd Ihc ([Mrsli f I'act as to soiziiiv and wainini;' (nil ; Ihc (|n('-ler's statement i)iil)li-,lie(l in llie last Senate I )o('nnienl, p. |ill)tliat the ureal niajority nf the ve-sejs seized \wi\- owned l.y Anierieans. Tlie most that could fairly he eoneoded was in:i,()()(» dollars. Mr. Hooker (Deniorran diiiied thai tin- anal(i:;y with IIm '•Alahaiua " ease held ir(M)il. 'I"lu' vessels wi'K! e(|nipped in Canailian waters for the purpose of prnseeulii);;' wliat w.is now eoncedtd hy IkiIIi parlies to have hi-eii a lawful act. ami the I'liited Stales was respoiisilile for whatever damatres endued IVoni their seizure. It was not ininrcdiahle that if the matter were referred to a I 'oniinissi(ni, the I'liiled Stales would liiivc lo ]iay a million dollars instead of levs flinn half that sum. Mr. Hcnil'Tsiiii (Uepiililieaii) ipi'ited from Mr. l''osler's statement, ;ind ;islicd how in the facte of it the Secretary of State could have niaijc! such an a;ureenient. This large sum should not he paid when there was hiuh autiiority tor the stalemciit that most of tlic claims wore unwarranted and imjut, lie advoeal d the ( 'oiumission jiiovideil for in the Treaty, in order thai il lien! were any .\meri(',iiis mascpierading imder ISritisli aiisjiices they iiii,i;lit he smoluid out. .)//•. .WrC/c«n/( Democrat) said that ol the two alternatives he tlioui,''ht the payment (if a lump sum would he the most economical, and tint prompt mtiis in payiiii;- the claims was in the line of economy, juslice. and honour. .Mr. Hill (IJejiulilican) .said that in the ea'c of ten out of the twenty .--iiips seized the rual owners were Americans. These men wiire not eii:;a;;'e(l in a "Lawful occuiiation," Init one forhidden hy the laws of their own eounlry. They were entitled lo line and iMi|irisonnient, not to comiien-atinn. lie ijuofi'd the ease of JJoscowilz, an American, \ili(i lent money to a (.'anadian, named Warren, on the security (d' certain shi|)s; fdivdosed, and then sold the .-hips, which Ihiis pau.sed into hi.s hands, to a ("anadian, naiiicd Cooper, for the sum of I dollar. This man Cooper now ajipeared among the claimants for the sum of «'2;j,(*0iJ dollars for (he seizure of shijis wiiicli really l)L'loii;,'ed to IJoscowitz. Cooper had testified thai he did not even know tin; numher or names of the shi])-;, and Ihat he had nothiii;;- to do with them. Of the total amount of yt2,tii)0 dollars claimed, .'5tji),()0(J didlars rejiresculed the iiitere.sts of Americans. As to the character of the claims, the great mass was for an estimated catch — '377,000 dollars out of A4"J,(.I00 dollars. It had hcen decided at Geneva that r.-uriensatiou was not to he paid for prospective earnings. As to the argument that the two Governments liad agreed to pay com|)ensation lor such los.^es, it, relerrial only to the claim for damages under the inoclux vlvendi. That portion of the claim had heen i'orinerly ahan- doiu'd hy the two (Jovernnients. As to the fear expressed that more (daims would be presented in ease of the ap]iointiiieiit of a Commission, it was clear from the words of the Urilisli Amhassador that the claims prertenled in dniie 16\)\ included all the claims. -V Commi.ssion, as projiosed hy Sir .lulian I'auncefole, would prohahly cost about I'l.M'il) dollars, and would result, perhaps, in the payment hy the I'nited States of a(l,00(l dollars which is ahoul what was due. Mr. Dinijhii (Hepuhliean) would not say with certainty that the claim for pro.spective damages would be disallowed hy the Commission. He (juoted the ease of the llalif.ix Award. It was a eise of a choice of two evils, and it was impossible to foresee what would be the decision of a foreign Umpire. Mr. lireckciiridyt; in reply, said that he agreed with the lasf spcnkcr. The claims 4^' (.(: 'f^■ .If. ' ' I ;,jj^> Kj' 1 [238] E iir :M.■M;la,^|«e, 26 would grow enormously if the payment wns put ofP, and an immediate settlemeut was preferable. Mr LIrinyston asked if Congress would not have the supervision of the pajments made under the decision of the Commission ? ^fl• Breckcnridgp said that, if Congress refused to make tlie payment prescriljcd l)y a legally-constituted Tribunal, it would be a di,-!in(iuent at the international bar of imblic honesty and universal integrity. It was not true that Sir Julian Pauneefote had debarred himself from presenting additional claims. Take the ease of a man who had died from the effect J of imprisonment. Mr. Hitt denied that tiiat claim could go before the Commission. Mr. lireclici.iidgc maintained that it could. He pointed out that these ships had sailed from a British i)ort under the British flag, and (he burden was on the United states to ovcrtlirow the presu.nption arising from that fact. lie predicted tbat this could never be accomplished. Tho United States had gone into the Arbitration on tiie ground that tlic Behring Sea was United Stales' property, and had lost. Tliey oiiijlit now to take tic consecpiences like men. As to the damages claimed, he thought that the prospective catch ought to be i)aid for. The real capital of these men was their .sweat, tiieir risk, (heir danger, their time. When vhey were seized, and put in Alaskan prisons, without right and wi.hout justice, what better criterion of damage was there than what they might have cauglit, and what every one but themselves did catch during that year 'r Tliese were not remote damages. There was a vast difference between remote damages and consequential dr.mages. There are iimumerable cases where conscciuen'.ial damages are given where tleyare 'he immediate and not the remote consequences of the ac*. He (juoted tiie statcnnent of Sir E. Grey in Parliament as ♦o the probable payment of tlie damages, and hcipcd tiiat the United Suates would not be posted before the WDrld like a del^.iquent ut a club. He did not advocate tills measure because it had been i)roposed by a i^emocratic President, but because on the floor of the House of Representatives lie re^jresentcd the entire Imperial Ilepublic of America, and lie did not wi^h the United Slates to stand i)eforc the nations as a nation wliicii (lid not keep faith. He api»ended to his speecli, as pi-inted, a calculation showing under several hypotheses the saving to the United States effected by the payment of a lump sum. On a division, there wore, for the amendment 04, against 86. Tile Coinmittee rose, and t'.ie F[ouse then voted on the Appropriation Bill as passed by the Committee. A separate vote was tak.; on the Behring Sea clause, when it appeared that there were — Yeas 1 13, Nays 142. The majority comprised llepublieans. Populists, and 48 Democrats. No. 37. •m i<9il M I Si f«^ J I Colonial Office to Foreign Office. — {Received March 9.) Sir, Downivg ^flreet, March S., IS!),'. I AM directed by tlio Nfarquess of Hipon to acknowledge the receipt of your letters inclosing telegraphic correspondence with Her Majesty's Amljussador at Wasiiimtoii regarding tiic settlement of the i3ehring Sea claims, and I am to suggest, IVjr the con- sideration of tlie Karl of Kimberley, that Sir Julian Pauneefote sliouUi be at once instniilai to communicate a copy of his telegram of the 2nd instant to the Governor-tjleneral ut' Canada, and consult with him as to the date on which it will be convenient to send a Canadian Representative to assist in the further negotiations for a Convention. I am, &c. (For Under-Secretary of Slate), (Signed) R. P. EBDEN. iatc settlemeut was n of the payments micnt prcseriljcd l)y -tional bar of [Hiblic icefotc had debarred I who had died fiom Lat these ships had was on tlic United predicted that this J Arhitration on the h)st. They ought led, he thought that these men was tlieir and put in Ahislian ' damage was tlicre leniselves did catch as a vast did'eronce ! innumerable cases ) and not the remote in Parliament as M States would not be not advocate tiiis but because on the mperial Republic of : nations as a nation ving under several ayment of a lump iation Bill as passed appeared that thete :s. .) ', March 8, IS!).'). (■i|)t of your letters ;)r at Vv'iisliiii:,'tu» !j,L,'est, for the con- at once iiistnu'lcci ()vernur-(JIener:tl of jnvcnient to siiui a 'ciition. of State), R. P. EBDIixV. 27 No. 38. The Earl of Kimberlcij to Sir J. Pauncr/otc. (Telegraphic.) Fnrdnn Office, March 9, 1895. ^ liEHKING r.EA claims. You sho';id communicate your telegram of the 2nd instant to the Government of Canada. The Sooretnrv of Strte for the Colonics suggests that you should arrange with Lord Aberdeen as to the date when the Canadian Delegate who is to assist ia the negotiations lui the Convention should be sent to A\^asl:ington. No. :i!). Sir ./. Pauncefoie to the Earl of Kimberlcy. — (Rccrired March 11.) My Lord, U'ashiiKjtnn, Fehruari/ 28, If^'X';. LV my despatcli of the 2Glh instant I had the honour to report the adverse vote of the House of Kepresentatives on the })ro|.()sal to apjjropriate the sinii of ILTi.OOO dollars to the payment of the Heliring Sea cluims, in aceordance with the Agreement coneluded between the two Governments in August last. The Committee of the whole House had voted for the appropriation by a small majority, and the adverse majority subsccpieutly obtained on wlint is termed a "yea anil nay " vote was a surprise, as well as a grave disappointment. Strong party feel.ng would seem alone to aecr)unt for the rejection of so just and desirable an arrangement, and, as your Lordship will iiave noticed from the inclosures in r-^ despatch, statements have been made in Congress which are entirely misleading both as to the law and the facts of the case. It is urged that the present claims arc principally made out of " indirect '" tlamages, because (hey include, in some cases, the loss of profits of the fishery season l)y sealing vessels warned out of Belning f>ea. Such damages were allowed when claimed by the I'nited States in the Fortune Bay case on behalf of United States' fi^hernien. whose rights of fishery had been forcil V interfered with by a mob (m the coast of Newfoundland in 187S. .\uain, it is jin-tended that a great majority of the sealing-vessels on behalf of which the claims are made were the property of I'nito-l States* citizens, wiiereas there is no evidence ^^lla(eve^ for lbi> lJ."',(Ji»n doljnrs, not one shilling ol which is due. 1 propose that the Committee on Foreigr. Relations shall invc-tigate that matter. There lias been em)ugli of falsi'liood and misrejiresenlalion about that in ollicial documents and in neuspapers to recjiiire, tor the vindication of the honour of llii- com. try, that thnt investigiition should be made; it nnikes no dili'erence what anv C(nnn.itlee of this body may do. Mr, Sherman, — I have no objection to the Rcaolution. 20 Resolution, and it iVUNCEFOTE. Mr. Tiiriiie.—J should like to ask tlic Senator from Alabama wiiethcr the text of this Resolution does not propose a revision of tiie Helirin-,' Sea Arhitnition. Mr. .Wojv/rni.— Not liyany means, [t is merely to ascertain wiial are the obligations of the lespeetive Governineuts under it. Mr. Tiirpic~H seems to me that llu: text of the Uesohition, as I heard it read, proposes to review tlie proeee;iinus of tiie Inieinalional ArI)itration. Mr. Mnnjnii. — Sul at all. 1^ is merely (o aseerlnin what are the lialiilities of tiie lespoclive (ts under il. Mr. Tiirpli: — The iialiililies -pokeii oliuc eerlainly rrs adiiidlnitn. Mr. Mdkjiih. -1 quoted from tiie lan^unne of tlie IVesideut of liii' United States in seiuliiiir his Messa^^e to tiu' Senate. Mr. 'I'lirpir. — I ask that tlie Hesohilinn be printed and jjo over. Tlir piinled. I'ice-Presidi'iit. Ohjeelion bein- iiiterpised, liie liesoiution will ^r,, over and be No. 41. Sir J. Pamcefotr to the Knri of Kiml)rrh>j.—{Rpcfivc(l March 1 I-.) My Lord, U'ashiiKjInn, March .'., isn:>. Wrril reference to my despatcii of the 4th instant. I ha'.e the lumour to iiu'hise extract from the "Coiii-ressional liecord," containini;- a report of a del)ate in the Siiiate relative to the Kesoiutiou introduced !iy .Mr. .Mor<,'an for th.' appointment of a ( nniission to examine tlie (piestion of the liability of the United States and Great jwitain to i»ay claims arisim,' out of the 15ehrin.i: Sea (-ontroversy. Mr. Morj-an supported Uie IJesolution in a speecli in which he severely criticized tho policy pursued by Great Ihitain. Objection, however, bein^ intcrimscd, the Uesidu- tiou fiiik'd to pass. An ab3tract of the debate is inclosed herewith.. 1 have, iVc. (Si-ned) JULIAN PAUNCEFOTE. J- deration of tho Inclosure I in No. II. Extract from the " Ccixjrrsslnnal /.'croril" of March 2, 1805, [X((t printed.] Inclosure 2 in No. II. Report of Di'lidlr in ."^cnalr, Marrli "J, \?[)'>. Mr. M()r(j:in. in introdncinj;' his Resolution for the appointment of a (.'oinmittce to iiivcslifjate the liability of the United Statts and Great Mritain to i)av claims arising nut of the Ikdiring Sea disjute, said that the (piestion of the liability of the Uiuteil Slates to pay damages was withdrawn from tiie ci nsideration of the Arbitrators nnd n-erved for negotiation. The Secretary of State had made an arrangement to pay a h. ip sum in onlor to avoid negotiation. If the matter iiad come before the 'I'ribunal, (Jreat Kriiain coiikl not have recovered one cent. On the strongest ))oint of the claim tiieri; could not bo due to her more than lUJ.OOO (hdlars; 17-"',<»i)(t dollars iuid been claimed for tb -o ships which were valued l)y appraisers at llV^OO dollars, lie wished the whole qii lion tube investigated by a set of Commissioners "who may not perhaps have an en urass- ment in a negotiation." It was not the fault of tlie Award Regulations that the seal herds were being depicted. The Supplementary Regulations of the Secretary of the Trea-ary were to blame which allowed the sealers to pass through forbidden waters (luring the close season. Wliere were tlie records of the time and place of tlie catch made by the sealers which were prescribed by the Award ? (a rent Britain had pledged herself to do her best to save the seals. But she had only sent one ship which had passed the entire summer outside of Behring Sea in port. The United States had sent ten. The administration of the law on the part of the 80 United Statea Imd bcoii slack, and on tlic part oi' (Jicat Hritaiu absurdly iiioffiriint. No t'vide-nco was presented upon wlncli Great Britain could bo held roaponsiljjc lor tin, conduct of Iier scalers. 'J'lic Spcretnry of the Treasury bad stated that he had jifipers in liis posses, ion wiiieli h(^ liiiii not couimunicaU'd to the Senate. Tiie whole niatliT was under a cloud ol' uiicerlainly, and tiierefore he j)roposcd that there should he a fair atul iniparliiil Imt tiioroiij;h investination. Mr. (Iriiti objected to the consideratiori o!' tlie motion. Mr. jMor<>;an had hinuclf o])jectcd to the consideration of a Hill providing' for an International Coniuiissiori oi ln»|uiry, because ho tliouyht that it implied a rctlection on the Award Kej^ulatious. Xo such reflection was implied. The Senator himself, iis an Arbitrator, had si;,niod a recommendation that the herd should b(f allowed a rest of three years. There was not n particle of evidence to show lax administration of the law. The slauijhter had taken jdacc in the open season. Only erne seizure had been made, and that aliip was rdoaspd. As to the lump sum, the settlement had been received with almost universal favour hy the Senate Coinmittee on Korcif;u Relations. It was far within the estimates made by the Uritish claimants, and the best estimates that could be made by the Af^ents of the Unilcd States. That was out of the questicm now, and the Senate had had the opi)ortunity to provide for the only cllcrnativc. *hat is, a (,'onvcntion between the I'liited States and (ireal ISritain under wliich the claims could be adjudicated and the amounts determiueii. "hat had been refused. Now the Senator liad prevented the .Soiiatc • . ■ 1 !■ . ■ .1- 1 i J! - r 1 1 II 1 I... - J .- ;i proposal for prevent ii'i:' the destruction of the seal herd by a leniiMirarv llu' slau^iiter. The icsponsibilily was not a linht one. In conclusion, in. round for the im])utation that the Secrclatv considerin cessation ii would say that there was not the slightest ^ . . . .- , . of the Treasury had su]ipressed tlic lo;;s id' vessels or any othor evidence, as a perusal of the h'tter (pinted by tlie Senator wmdd show. Mr. Mi\ a dchalc in the Senate on the subject of the Hehrini; Sea claims iii the course of whieh Senator jMorjiun stali'd that he bad prepared a .Memorandum on the liability of the I'luted .*^tates, niidi-r the Award of the Paris Tribunal, to make compeii>-a- tion tor the illegal seizure of Ihiti-h sealiic-vesseU in ilcdirini; Sea. lie nipicsted leave to print this il.iciniK'nt in thi' " Uecord " as part of his speech, but Uavi' was refused. Alur the adjourmncnt of Coii'^^'ress lie eominuniciitcd this Memorandum to the press, and 1 have now the honour to transmit to ymir Lordship an extract from the "New York Daily 'i'ril line," which p.apiuls to contain a summary ol' it. Senator .Morijan artjucs that the United .States ncvera^'reed to arbitrate the (|uestionof their li'iibilily for damaijes, nor have ever admitted their liability. They only aifreed to nea;otiate respcctini^ it. evprr' -iv n-eninjj tlic (picsfion d.'' such li:ibilify as the subject of snch negotiation. He is tlicrelbre opposed to the creition by Act of Conjircss of a Cotr.- ini->-inn to settle the question without any negotiation. The claim ot (!rcat Dritain is. lu' states, b.ised on the I'jlse assinr.plicui that the I'liited States were bound l)y tlii- .Auard oi the Tribunal, nr by a'^rieeinen, . or In, law, justice, or ccp ty to pay any part, of 'lie dciuaiid. Senator .Morgan also iiisi-ifs that the "further ncL'otiations " provided for in rei;>nl to these (laims by Article \ HI of the llchrin;? Sea Aibitratioii Treaty should lake plac. " fliromjii the constitutional anthoritics of tin- Uidted Slates." On those two points I would observe that no ,;dinission I liabilitv lucauu- nen«- ;n surdly inofririont. Bsponsiljlc Idr tin. it he had ]iiii)eri wiiole iniitItT was miKl 1)0 11 iair and r<:;ai> Imd liimsdf il Coinmissioii ot llof^uliilioiiH. No or, luid sii;nod a ;. 'riu-re was not ui^hter liiid taken Bliip was ii'lfasoil. livorsal favour by stiinatcs niadc by he Agents of the late liad had tlif ■Iwoi'ii the Unituil i and tlie unioiints rented the Senate I'd liy a teniiiorarv In coueh'.sidii, lu' Ihat Iht; SeiTclary icc, as a perusal iif L were the actuiii Ircat Britain. f the Sccrctarv of s at San l''iaiu'i>co he re(iuircd jiai'i. -Il 2:..) Mnrrh 1">, 1^'.»"'. to your l.orilrlrji u; Si'a elaini-i, in niorandiiin on the o make eoin|ieiisi- )art of his spcccli, nchnii to the press, n tlie " New York •ate tlio (|ui stidiiof hey only astret'd to y us tlie suliji'it of )nc:ress of a ("o':.- Ireat Urilaii' i-. lie 1 hy the A'wird ol art, of the deiuaiid. ided for in reu'ml should lake pluc. sary from the moment that the Paris Trihuiiai, i)v its Award, ad rejiictod the le^'al pretensions of the United States to a spcejal proper! v in the fu 'eals'r(^^ortill^' to the I'rihylod Islands. That decision nt onn; proclaimed tlie illeualitv o the S'"0,0UO (lollais is recorded. In all biinilar cases " losses of jirolits" an: properly claimed, tor although they may not he rccoverahle " under that head," they f(jrm an element of consideration, accordinig to the circumstances of each ease, in com])ntiiig the award of a gross sum hy way of indemnity. That was the view on which the United States' Government acted in l«7I.h when they preferred a claim of I20,0(i(» dollars against Creat Pritain on hehalf of twenty- two American fishing-vessels whose fishery operations had been intcrlered with by iri'dt violence at Fortune Pay, in Newlbundlaiid. Those claims included damages for loss of protil>, calculated on tlie average of preceding years. Sir Kdward Thornton, then Her Majesty's Pepiesenlative at ittii-. iilvluiU'iK iiei." ■ Washington, objected "thatlhc.se losses were in the jiatnre cf ccniscfpiential or indirect ;.»(,. 11 i H ■nsH" i I HIB P^E I III rHiHvW »'' m^hX *' ■ ^'- r.i fy^ ' I, \r \ In '( i' ' i i- ♦: a registered Uritisli vessel iiiKlcr 32 damages, which should not be allowed." Hut it was insisted, on behalf of the United States' Govcrnnicnl, that compensation should be |)aid for those losses, and idtimulelv Her Majesty's Government awarded a '■ liini|) su'n," anionntini,' to two-thirds of \\[f, original claim, thus allowing a large margin for inflated valuations and doubtful i'eiiis. In the present case the lump sum of 'tlii'jCOO dollars, agreed on between the two Governments, allows a still larger margin, for, if the same proporticjii of Iwo-tliirds hnd been adopted, the lump sum of 42;'>,()(il) dollars would have been increased by I0(),iioo dollars. The amount of indetnnity originally claimed was reduced by no less tlnn .'500,000 dollars. The next objection made by Senator Morgan is to the '•' personal claims," but he gives no reason lor that objection. It happens, however, that the damages claimed under that head were extreniolv moderate, having regard to the citarnctcr of the acts for which redress is sought, nii 1 to the humiliation, losses, and sufferings inilieted on iimocent jiersons in pursuit of their lawful industry. Senator Moigan couchides by objecting to the claim of the " Uenrittta," ou the ground that she was seized under tlie modus vivcndi. Hut the ground of claim is that slie was not handed i i 'ifter -eizure to the British authorities, as prescribed by the woi.'u.v viveiidi, and was dci..i il at Sitka until she became valueless (roui deterioration. Hut of all tlic unlhnnded objections which have been ure:ed a;,^ainst the claims, that whicli seems to have made the greatest impression on the public mind is the statement that iin;st of the vessels on heha!! of which the claims arc made were in fact owned by persons whom Senator Morgan stiL'teatized in the Senate as "recalcitrant and rascally .Americans, who hired themselves eut to the British flag to rob the (Jovernmeiit of the United States, and to violate its laws and dishonour the country." (Sec my despatch of the 4th instant.) 'iT.ese vitu|icrati\e epithets are quite umnerited, and J will proceed to show that the objection in (juestion is not well founded in fact, and ai'iiarcntly is based on a mistiikcn view of the British navigation laws. By British law no alien can hold any share in penalty of lorlci'.ure o! the vessel t) the Crown. The owner ul' the vessel may mortgage her to an alien, but he does not therehv puit with iiis ]iioi)erty in the vessel, lie only makes her a security for the loan. Section 70 of the Mcrciianl >liipi)ing Act provides as Ibllows : — " A mortgiigee shall not by reason of his mortgage be deemed to be the owLier of a ship or any sliaie therein, iwir shall the mortgagor be deemed to have ceased to be tiie owner of such mortgaged ship or share, except in so lar as may be necessary for maidii:' such ship or siiare availai)le as a security for the mortgage debt." It is not improbable that in some cases the owncis of British sealing-vesseU mav liuvc borrowed money from United States' citi/.'.Mis for the purpose of the season's cMpiipnunt and vi'uture, and that they may have mortgaged their \essels to American citizens as collateral sec\nity for the loan. But they renuuu liable to the lender for the amount of t!.o loan, though their vessel has been illegally seized and their venture has resulted in a loss, owing to such ilicuiij seizure. On what e.'tieei.abic ground of ju>tiee or re.isou are they to be deprived of com:- jii-n.-ation because pan ol' the amount awarded may be applied by them in satisfaction ufa loan flue by them to an American citizen r Why should that American citizen lie calle;! "a rascal"? What law has he violatid by advancing Uioney for the prosuution of a lawful Canadian industry carried on by Canadians in Canadian vessels r In .vhat respect has the United States' (JoveruMKnt been " robbed," considering that it has no ju'operly in the fur-seal, as was solemnly adjudj;e(l and declared by the Tribunal of .Arbitration at Bans ? These arc (pies' ions which, I submit, can only be reasonably answered in a sense absolutely fatal to Senator Morgan's ront^iitions. Ikloreover, the principal alleged transgressor referred to, whose name is Hoscowitz, has denied that he is an Anurican citizen. The British tlag and the law of nations have been violated on the high seas, and it appeals to me that in assessing the indciimity to the private individuals who were the victims of the great wrong so oonunitled, any inquiry into the sources of the capitiil invested in the lawful industry pursued by the vessel at the time of seizui'e is out of plaee and inadirdssihle. As regards the \>;bsels themselves, even if some of thdu, as contended by Senator Morgan, were owned or partly owned by citizens of the United States (which I have shown could not be the ca^e under the law cf the flag), such vessels became liibie io :{;} itisU vcssul. iiiidti he forfeited to the Uritisli Crown, and the Uiiitod States' GovcnincMit, l)y whom tiicy were wrongfully -izcd, would be bound to restore tlieiii or their value to Her .Majesty'.^ Government for tnc purposes of such forfeiture. It will be seen from the above explanations that Senator Morgan's objections to the payment of the " lump sum " agreed upon are based in a great measure on misapprehen- sions of fact, and, 1 would add with all ic-pect, on an erroneous view of tlie rii;bts of Great Britain and of the obligations of the United States resuitinj,' from the Beliring Sea Treaty of Arbitration and the Paris Award. As your Lordship is aware. Senator Morgan is the Cliairinan of the Senate Com- mittee on Foreign Relations, and was one of the two members representing^ the U'.iited States' Government on the Behring Sea Triliunal of Arbitration. It is not surprising that persir,tent denunciations from sueli a (juarler auiaiiist the diplomatic arrangement concluded between the two Governments siiould luive prejudiced Congress and the public against it. Moreover, tjie great pressure of business and the «t'ong party feeling which marked the close of tiic Session rendered it impossible to obtain a fair and dispassionate consideration of tiie question. Much as the delay in the final settlement is to be deplored, I have too much c;)ulidencc in the great qualities of the American people to doubt that it will be ultimately adjusted on a sound and honourable basis. In a previous despatch I reminded yoiu" I.ordsiiip of the assurance given to me bv Mr. Blaine at the commencement of the negotiations w hich led to the Paris Arbitration, "that his Government would not wish tluit private individuals who bad acted hondjide in the belief that they were excrcisinfi; their lawful rights should be the victims of a grave dispute between two great countries which had luippiiy been adjusted." The President and the Secretary of State adopted the same view and were animated throughout the negotiations for the settlement ot the claims by the highest sentiments of honour and justice. I am not without ho[)e that wiieii the cloud which now obscures the true merits of the case has been dispelled, Congress may yet confirm the arrangement made between the two Governments as an equitable and hap[)y solution of a tedious and irritating controversy. I have, &e. (Signed) JULIAN PAUNClil-VyrE. iJi fm J Inclosure 1 in No. t2. eriean citizen? ;is Extract from the " Niw York Tribune" of March 9, 1895. (Piy telegraph to the "Tribune.") Wasbbujton, March H, 1895. CHAIRMAN Morgan, of the Senate Counnittee on Foreign Relations, was a member of the Behring Sea Tribunal of Arbitration, and there is no man living wlio possesses a more tliorou:xh and accurate knowledge of the matters discussed or the conclusions and awards of the Tribunal than he does. It is by no means singular that he should denounce the claims of alleged British subjects on account of damages as "preposterous," in view of the facts which have already been disclosed in tlie debate iu Ihe House of Representatives, as well as in these despatches. lint it is exceedingly significant, to say the least, that Senator Morgan, a Democrat, should in effect declare that tliis Administration, and not the Paris Tribunal, is ies{)onsil)le for the slaughter of the seals by poachers during the last two years. Senator Morgan's statement, which is herewith re|)roduced, strongly suggests either that the C'leveland Administration was hoodwinked by the Representatives of Great Britain, whose constniction of the decision of the Tribunal of Arbitration was accepted by it, or tiiat it was willing to sacrifice whatever advantage the United Slates might have gained under that decision for the sake of casting discredit upon the Administration which a;:iced to submit the matters in controversy to such a Tribunal. The statement of Senator Morgan's views is as follows ; — , v a \ ■ ■ " A very mistaken view of this matter is entertained. Tiie Treaty ot Arbitration was signed the 29th February, 1892, and t\\o modus vivendi of 18U2 was signed on the I8lh April of that year. They were ratified by the Senate as parts of the same Treaty, and were proclaimed by the President on the same day, the 9th May, 1892. Article VIII o( the Treaty of February 1892 says that the High Contracting Parties, having found them- [288] 9 : St., « ' r I 84 selves unable to at^ice ii|)i)U a reference wliieli slinll iiielutle tiie question of the lialnlitv of eiu'ii (or the injuries allei;eil to have been sustiiined by the other, or by its citizens, iii eonneelioM with the ehiiins presented or made by it, and bein^ solicitous that this subordiimte question should not interrupt or hunger delay the sul)niission and determination (,!' tim main (jneslion, do airree liiat cither may sid)init to the Arbitrators any « t') allirm tiie riuht of iiritish scalers to take seals in Behring Sea within the hunnils claimed by the United States, then eonipensa'ion shall be made for abstaininj,' from the exercise of thai ri);ht durinj; the pi ndeney of the Arbitration upon the basis of sucii n regulated and limited catch as in tlie opinion o( the Arbitrators nnjjbt have been tuiicii witiiout an undue (liniiiiution of the seal herd, [f the result of the Arbitration denied the Hrilish rights, tluii compensation was to be made by (Jreat Britain to the United States, The amount awarded, if any, was to be promptly [)aid. '' It was not questioned and could not be disputed that the two Treaties, though tliev were siiiued at diflercnt times, constituted one entire Agreement. Article VIII of the Treaty of February ISO:^ oidy bound tiie two Governments to a 'further negotiation' as to the matters therein referred to, and left 'the (luestion of the liability of cither » Jovernment on the facts found to be the subject of further negotiation.' In executio;i of tliis Article, the Agents of the two Governments agreed upon a state of facts wliich the Tribunal found to be true and entered it of record. That statement of facts lucludeil oiilv the nanus of twenty sealiug-vcsscls that were seized by the United States. TI?e Triininil had no authority to pass upon any question touching the liability of the United States for having made such seizures. That matter was left where A: tide VIII of the Treaty left it. The United States has not agreed to arbitrate any .-ueb claim or demand, and have neviT admitted any liability to Great !?ritain connected \»ltii any such claim or demand. Tlicv havj (nilya^M'eed to negotiate resj)ecting it, expressly reserving the question of such liubilitv as (he subject of such negotiation. "I am only insisting that tiie negotiations siiall take |)lacc through the constitutional authorities of the United States, and that it siiall not be evaded by a scheme to create bv Act of Congress a Connnission that will settle the ipiestion without any uegotiatii)!!. dutige Blodgett, one of the Counsel of the United States, presented an argu;nent bclbictiic Tribunal to .-,liow that u|)oii the widest basis of demand (ireat Britain had claimed, im decree upon the facts could award Great Britain any damages for alleged wi'ongs com- mitted liy the United States. That argument was not answered, nor was any effort iniiiic to answi I. It stands to-day as a perfect answer to the claim set up by Great Brit^iiu, La-oi upon the fal>e assumption that the United States were bound by Ihc Award of the Tribunal of .\ibitratioii, or by agreement, or by law, justice, or equity to pay any part ut the deniand." Mr. Morijdii then gave in detail the names of the vessels and the claims made on tliiir behalf, wliicii was the statement he desired to include in the record, but whieli was shut out by .Mr. 'i'urpie's objection. The claims siiowed that the amount claimed by (Inat Britain with interest was ,'i42,lG!) dol. 2{i c. ; the amount proposed to be allowed by Si'eretary Gresham was 425,0('0 dollars. Mr. .Morgan said that the schedule of elaiins lor each vessel contained an item designated variously as " jirobablo eatch," " balaiue of catch," "estimated balance of catch," &c. These were clearly prospective profits ur speculative damages, and were all based on luture or contingent occurrences, forming no basis of face on which an equitable tinding as to amount of damages could be predicated. They should not be allowed. Similar claims were presented by the United States to tiie Arbitrators of the ".Mabania" Claims in I87'i at Geneva, and in their decision they sii\ : " \nd whereas prospective earnings cannot properly be made the subject of conqieosiaion, inasmuch as they depend in their nature upon future and uncertain contingencies, tlie Tribunal is unanimously of the opinion that there is no ground for awarding to the United States any sum by way of indemnity under this head." -Mr. .Morgan estimated that the excess proposed to be allowed by Secretary Gresham was fully 18'i,00() dollars. He added:— " The above figures and comparisons are based entirely upon the supposition that every vessel ineludcd in the schedule of claims submitted by Sir Julian Pauncefotc was owned by a British subject. It apjiears, however, from the United States' Counter-Case submitted to the Behring Sea Tribunal of Arbitration at Taris, that ten vessels were in faet owned by eiti/ens of the United States." He figured up the general result as follows : — Total amount claimed by Great Britain, 542,109 del. 42 c.; total amount of claims of ion of tlie liability 1' by its citizens, in lilt tills siil)()niiiiato teriniimtioii nf tin; ly (lucitioii of I'iict of till' liiiiiility of I'tlier iiL'f^otiiitioiis. tiio Arbitnitioii bj within tli(! huuiids ibstaininj,' from the [lie basis oi' such a lit have been tirKi:i )itratioii (k-nii'ii the I be United Stutes, eaties, tlioiigh tliey Article VII r of tl'e irtlicr negotiation' ! liability of eitlicr ion.' In oxcciiti(i;i l; of facts which the facts liiclii(io(l niilv tes. Ti>e Tiihmiil e United States for f the Treaty lel'i it, nd, and have never or deniand. 'Pluv ion of such liability li the constitutional ich.cnic to create by it any iiegotiatin:), argument before the in had claiiiiecl, nu lli't;ed wi'iiiius CO!!:- as any effort iiKiile eat Brit^iiii, based le Award of the to pay any part of nis made on their lut which was shut claimed by (li\:it to be allowed by schedule of claims Itch," " balance of lective profits or enees, foriniiiir iio ould be predicated. litcd States to the decision they say; it of conipeusiition, contingencies, the •ding to the United Secretary Greshani c supposition that Pauncefote was atcs' Counter-Case vessels were in fact mount of claims of a I'nitcd States' cit'' recovered, amounts in all to 7ii,924 doliars. But even thi^ sum. which is .j7l,'Jl-t dollars less than the British claim presented and .".')l,i)7'i dnlbirs less than .lu iimounl the Secretary of State proposes to irivc in settlement, is undouhieilly exc-ssive. Of liiat amount, .'M,t)l<(j dollars is for "personal claims," and in all prohaliil'ity some of these claimants are citizens of the United States or some other e(.uiitiy, wlibh Vacl could Sc established by inve.-ti;;ation. Deduciiiii; the "personal claims'" from 70,'.)L' I doilars, there is lelt, as Mr. Mora:an says, .".(j.iilsO dollars. Uf this sum, 1(;,.")()() dollars afpears as the claim of the "Henrietta" (less siiceubitive daiiia,i,'es). The "Henrietta" was seized in I3elirin<,'_Sea in September l.'=*"JL', under tiie provisions of the mnrliis rircnui, and there- foie no claim is allowable. But even if allowable it sliows its " padded " character, from the (net that there is a claim for an "estimated catch" in Behrim; Sen when senliii:^^ was not allowed there, and the season was over at the time of the seizure. Senator Morgan thcrelore concludes that Creat Britain claims the simi of 542,101) dollars, and that the amount due, with interest, is only !t(),l(>2 dollars, aiaiunu; an excess in the claims without interest over the amount due with, interest of 1 Ki.OOfi iloliars. The Secretary of State proposed to allow 425,(tUit dollars, which is liy this account, iiccordiiii: to Senator Morgan's figures, .'528,N!)7 dollars in excess ol' the total amount due to Biitish subjects with the interest computed. "When the Government of the United States," said .N'r. .\lor;jfaii, in conclusion, "has made no Agreement and no admission of any iiidclitediR.is to (!ie;it Biilain on account of any of these claims, and has not admitted any jMin'jiple on which the claim of (ircat Britain is based, I must insist that these matters should he discussed in the negotia- tions that the two Governments are bound to conduct. I could not aLrree that >nceiilativc hould lie iiicluderl in the aeeimnts, unle-^- that is develop mio the jirolits or dama:\H] •ii I. 1 ;, ; - J- 1 ?i<. 'i r I , t '■'''■ ■•'If I!?!"' ■Mm- ^1'. . f": ■■ ' ■ ■ :« 86 ISHO. C'laiiii«i . . , . Additional clnim of '' Juunitu " Interest at 7 per cent, to 1894 (7 yours) l;)J,6f>3 00 ;),002 (16 1890. Cliiinin . . . . . . . . . . Interest at 7 per cent, to 1894 (4 yearn) . . 1892. "Henrietta" Interest at 7 jier cent, to 1894 (2 years) I3.'.,tin.5 47,482 tiO G8 183,148 t>l Dol. 2,000 500 c. 00 ou 2,560 00 Uk.sum^,. 1881) 1887 1889 1890 1892 " Winnifred ' . . Costs of suit in re " \V. P. S.iyvvard " Total .. 26,658 00 3,732 12 30,390 12 Dol. c. 166,764 57 319,066 18 183,148 64 2,500 00 30,390 12 692,929 51 30,390 12 62,847 12 786,166 75 The claim of tlie " Winnifred," which occurred in 1891, is added, though the particuliirs were not furnished. It was ai»iced that it should be covered by the"!uiii|i sum," and as the case is similar to that of the "Henrietta," whose cl.iini amounted to a little over ,'50,000 dollars, it was put down rouijhiy i'iiMi(ion for* tlie iirevioiis dcprivatfon ii thtir ji»t right-* l)y force and violence. The two (;<)vernments, at the arhitration, nirtyi ifveir resj)ectiv' CIo»eniment to pay compensation lor the illegal seizures of Hriti'sh vessels in the ti«a8 olf ibe decision of tuo Arbitrators being adverse to them on the f|ucstion of the iuri-v:flMwi«l_ rights of th(! United State>. The sole rcaslion of liability was that lU' United State-.' (lovennnent claimed, in tiu' event of tlie Award being in tiieir favour, lK> jewier Great Britain lialde for losses resulting from the wrongful ai-tion of persons fAfSvntfide P.ritish jurisdiction under the Biilisli fiaL', a doctrine which it would he imjio^tbllc for Her .Majesty's (Jovernment to accept. (See Tjn the :imh altimo 1 informed the tiovcrnoi-General of the readiness of the United H-dU-*' Gmetumcnl to resume negotiations for a Treaty to he submitted to the Senate at the nest uartttng of Congress, but 1 added that the Secretary of State had not recovered from bi>; ittcot itincsst, and that he had liecn advised to leave Washington for a short time. \t;refllMrka», iMr. Gresliani would proceed at once, it desired, with the negotiations. I -i ! SJTO ■ lliiilcil states No. :! (lt.O>)." No. l-'J. 88 1 received no furtlior coiiiimmicntion from tlic Govumui-Goiiomi until lliu'itli iii-,taiit, wlii'ii Iii8 Kxcclluiipy inl'uriiicd mv, by tcli'^iaiii, tliiit his Aliiiitttcrs sug,L;u.sti(l tlmt tlit Cuiifert'iicu siiuiild take placu at uucu so us to ciiubic tlic Delegates tu return to Oltuw,, belurc tiie uueting ot tlie Duiiiinion i'ariiaiiient, wiiieli would take pluco cmi t|ir iHtli instant. Mr. (jresiniin was then abtieiit from WnsliinKton, but I called on him imniediuuiy on i is return, and I ascertained from liim that while the President was (|uitc svillini;' il,at the negotiations should proceed at once, if sueli was tiie desire ol' the Cunadiaik (iovcrii' inent, still, in view of the shorl time now at Iho disposal ul llie Delegates belure the inuulin" of Pariiaiiieiit, an 1 of other considerations, he tlioiiy;lit it would be of udvaiitayi to iltin the negotiations to the later period. 1 so informed the (u)veriior-(ieiieial, by tilejjram, on Ihc 10th instant, ami ycsteiduy, the 15th, I received a re|)ly from hia K\celleney, to the elFeet tiiut, owinjj to t!ie iiiecliii- of tiie Canadian Parliament on tlie LStli instant, the Dominion (iovermnent prefer to Imu. the vihil of tiieir Deiej^utes to Washington delerred until after the Session. 1 Imvc so inlbrined .Mr. (iresham. I have, &c. (Sii,med) JUMAX PAUNCKI'OTi;. No. to. !. TliP Miirqiies^ of Sulishurii In irltish sealiiit^'-vessels in Hehrini,' Sea were duly received, and have been read witli careful attention. T need scarcely say that the aru'iiineiif-i which you hriiiLT forward in support of tlic validity of those elauns havi; the entire approval and eiiiu'urrenee of Her .Majesty's (ioverninenl. The attempt made by Senator ^fortran to dispute them s(>eins to lie lari^ely founded on niisappreliensiou, and Ww Majesty's (iovcrnnie'it cannot dniilit that when the full facts are iielore tlic public in the riiite;! Slates, the li:ihility u{ that country to make ccnnpensatioii, which has never been denied by (he (iovermiicnt, uiU hi' i^ciirrally reeoi^'uized both in and outside of Coni,'ress. As your K.vcelleney will shortly be I'cturninu: to your ])()st, ! transmit to you herewith* lor such use as you may ilnd convenient, a .MeuioranduiM, settinu; out ;it somewhat irreater length some of the points in support of the claims to which ynu have alluded in your despatches ;ihove referred to. r am. &c. (Sii^'iied) SALTSMUKV. IncloHure in No. t(i. Mt'inunniduiii. THE statement communicated to the press by Houator Morgan entirely iirnoics the fact that the five (|Uostions sul)mitted to the Arbitrators in accordance witli Article A^[ of the Treaty of the 'JiMh February. 1S'.)2, embodied the whole ol tlio "•roiuuls urged on hehalf of the United Stntes' rrovernn^ent in justilleation of the seizures out of which the claims arise. This is abundantly clear, iu)t only from the correspcnulence which h-d to the framing of thi'se (piestions, but also from the proceedings of the Tribunal. ^Ir. JJlaine, in the course of his first conversation with Sir.!. Pauncefote on tlic subject of the seal iishcries, as reported in the despatch to Lord Salisbury of the 1st November, 1S81). st.atcul :— " .\s regards compensation, if an ai»i''*<'iii<''il shmild he arrived at, ho felt sure 11i;it his (iovermnent would not wish that private individuals who had acted /(o/k/ /(>/'■ i:i the beli(>f that they were exercising their laufnl rights should be the victims of ;i U'vave disput{> between two great countries, wliieh bad happily been adjusted, lb' 'AUNCKI-OTIv S.VLT8IUJI!V Hiis not without liojic, tlicrcfoiT, that IIk- wishes I Imd cxpiv^scd mi;,'ht l)c met, and tii;il all nw^ht he arraiit,'(!(l in a maimer wiiidi should iiivolvnsiiliuii im the 2(lth !)pveral s(>arches, seizures, cundenmations, conliseations, lines, iniprisonnn;nls, and ordiMs were not made, imposed, r L;iven under any claim or assertion of ri^'ht or jurisdiction except such as is >;ul)niitted to the decision of the Arbitratovs in Article IV of the Tro:ity of u. titration." The lindings Unally proposed by the Agent of Great JU'itain, and agreed to as proved by the Agent for tin; United States, and submitted to the Tribunal for its consideration, and i'ound by them unanimously (including Senator Morgan, Un.'relorej to be true, were as follows : — "Finding of Facts pro])osed by the Agent of (ircat Uritain, and agreed lo as proved by the Agent for the United States, and submitted lo the Tribunal of Arbitration for its consideration. " 1. That the several searches and seizures, wheth(>r of ships or goods, and the several arrests of masters and crews, respectively mentioned in the Scheduh; to the Uritish Case, pp. 1 to (iO inclusive, Avere made by the authority of the United States' Government. The ([Uestions as to the value of the said vessels or their contents, or cither of them, and the (juestion as to whelher the vessels nu'ntioned in the Schedule to the Jkitish Case, or any of them, were wholly or in part the actual property of citizens of the United States, have been withdrawn from ami have not been considered by the Tribunal, it being nndei-stood that it is open to the Uniti'd States to raise these i|'ucstions, or any of them, if they thiidv lit, in any future negotiations as to the liability of the United States' Uovermnent to pay the amounts mcnti(nied in the Schedule to the liritish Case. " 2. That the seizures aforesaid, with the exception of the ' I'atlitinder,' seized at Neah Hay, wen; made in Hehring Sea at the distances from shoic mentioned in the Schedule annexed hereto, mju'keil (C). " 3. That the said several searches and seizures of vessels were made by public armed vessels of the United Stales, the Commanders of which liad, at the several times when they wore made, from the Executive l)ei)nrtment of the CJovernment of ■Sw M 40 the Uiiitrd Stjites, iustriu'tions, a c-opy of one of v.iiidi is aniifxcd lierolo, iiiiuki'd lAj, and fliaf tlic others 'von', in all substantial rc's|u'fts, the same. 'I'liat in ai! iln instant'cs in wiiicli proccodini^s were had in llif District ('Dnrts of t!ic i'iiit,.il States r(>sultin^ in i'on(h';nnatioii, MU"!i piwccdin^'s wcro hcicmi liy the lilins,' ol" lil)..l^ a t'0|)y of oni- ofwiii<'!i is annexed JK-rcti), inarki'd (H), and tliat llif libels in tlien.lur l)roc'eedin;»s were in all substantial rospeets the same; (! were for allei^ed breaches of the municipal laws of the IJidted Stales, wliicli ;illc.;c,l breaches were wludly coniniilted in Ik'hrinu; Sea at the distances fronj the sli,:-,, aforesaid. "1. That the several orders rientioned in the .Scheibdc annexed iieretn. .imj marked ({'). warniui;' \essels to leave or not to enter Mehring Sea, were madi- by piililic ariniil vi-ssels of the I'liiled States, the C.'omniandcrs of which had. at the sivcral times when tlit>y were ii;iven, like instructions as mentioned in Findiu',; '.\, and ti>;ii the \esM'',s Ml warned wen- ciigaLicil in sealiii!; m- prosecutinu^ voya;,'es for thai pui|iiis>, ami that sindi aclinn was adopted by ilic (iovernment of the I'nilid States. "."«. 'I'liat. iiie District Courts .il' the United States in which any prue('i'iiiii-> were had or taken lor t'lc purpose of I'ondemniu'j; any vessel seized as mcniioiicil m the Schedule to the Ca ' of Cireat Britain, pp. I to CO inidusive, had all the jniisilir. lion and ])owers of Courts of Admiralty, ineludinic the prize jurisdiction, but tlial ii, eaeh case the sentence prououueed bv the Court was based upon the ^^.-nuuls set luiili iu the libel."* P|-hI It will be observed from these lindinirs that the (|uestion of justifietition w.i- reirarded iis eonclusivelv settled hv the decision of the five iiuestions. and that the milv nejj:otiations e.ia'emplated w(>re " iieijotiations as to the liali'lity of the United St;\lt>' (ioMrnnieiit to pay the.-miounts mciilioned in the Schedule ((!) to the Uritish ('a>,,' not simply iie;,'oiial ions as to llie lialiilily of the United '.itates' (iovernmcnt In |ki\ c.iniponsalion al all; and, fcu'ther, that tln^ only n-servat ions ma(K> on behalf ol' tii, United Slates' (iovenimiMil were "the (|uestioiis as to the value of the said vessels or tlieir contents, or eiliicruf tlicm, and tlie (piestion as 'o whet her the vessels nn'iitiiinnl in the Seliedule to the Krilish Case, or any of liiem, were wholly or in pari the aclu.il propi'ity of citiz.'iis of ihe United States." The eminent lawyers juid statesmen charged with the eoiidu<( of the I'liii'i States' Case certainly never eonteniplated that Ihe decision of (he .\rbitniti>rs woiiid not be accepted as (Mntdudiiii.: the liability of the l'hit<'d Stales except in reuMi'i! t'l the jiolnts e\|)ie>sly roseived in the Uindings ol l''acts, Mr. -M' raan is alleired to have stated that the argument submill.-d to tin' Tribunal by .Indue Klodgctt, one of the United States' ('(Uiiisel, '"stands to-day :in a lii-rfect answer lo the claim set u)) by (ireat Britain, lia.';ed tiiion the false assniiiiiiiiui that the Uniled S|;itis were bound by the Award of the Trilnuial of Arbitration, or In agreement. f;><'e what \\i' ]i,i\i tit sulimil iin this filature of tiieea.se l,\v saying that, if il shall be Iwdd by liii- Tribunal lliat these scizuit's and interferei.ces willi Brilisli vessels wt're wroo',' .'tiKl unJMstili.abie under the laws and principles applie.ilile thereto, tlien it would iuit bo becoming in onv nation to contest tliose eliinis. so far .t, tiic_\ are just and within tlw fair ammuil of the damages actually sns'ained by B'itish sulijects;" mwI tli(> wlinjeci his argument is in fact devoted to the two points reserved in tl'> I'imlings of I'aet, llio amouiil of the claims, ai\d the nationalit; •'. the claimants. Wlu'ii tlie (piestion was discussed dcring tin; oral iirgument before the Trihiiiial, tin' same view was clearly expressed !iy the Un.ted States' (Niunstd. Tiie following exlr.act (pp. 77S lo 7l^'M from the report of the oral ar.rumeiil will siiuw this, ruid furnishes an iiiteresting comiueMtary by the ollieial I'epreseutatives nf the United States' (.Jovorumeut on the rci'eut action of Congress; — • liicsi- croiiiid!! wcri", " ilial llin i«:iic| vcshcI or «iliooiifr wm fniniil i-iiir.ii/cil in k.lliii!* fiii'-«i««I *i(riBlii' I, mitt of Aliuk;i imiiiun, .uiil in lliu wiiUfs uivrvut, iti vioUtiuii of S'ltioii i'Jiii of (liv lUviuil Maluiif of U:i U'J S|nU'«." IM oto, m.'U'ki'd i.\), 'I'lKit ia al! tlic III" fill- l'iiit,.,| • liliii|j; ol' lil)"ls, Ix'ls in tlic (nhcf 1 jiiMs or olVciici'> I'll case (luiic iir ml that ill cadi L! cases wlieii thr tlio (lovi-niiiiint cased llu! seizure (1 iiii|i>'isiiiuiu'iiK es, wliidi allri>c(l i I'roiu tlie slii.rL' 'Xeil iiel'etip, ;iiiii e made Ity [iiiiilic d. at tlu! several iliii'^ '\, and thui lui' thai |iiir|Ms.', -states. any imieeeiliii:.'i as iiieiilioiied in all the jinisdii'. ctiiiii, iiui (lull ii, ''.''iuls set luilli justilioatitm \v.i>. and tlint tile only lie Uiiiteil Sl;u,> he Hritish Case," vcniineiit to |ki} on ludidir 111' till' lie said ve»s,|s nr vessels iiieiitiniii'il I [lai'l llie aclu:i! i fil' the rMJIr.,! Kidiilmtors woiilil [■ept in reirani Im ilunill.'d to till' |:iiiils ti)-da\ ;is :i lalse assiinniliiiii I'liitratioii. ur li\ liil," Mat on tlic |iref;»er wliil vw lie held h\ liii- were wrmiu' iin'l it would iHit 1" It and within tli'' l.'.nd the whole I'i Ingti ol l-'aet, tlio [ire the 'rrilamil. Ill ar'.ninienl will •jirest'iitative" o\ m fiif-»<*nl *ii 111) lii e»itcd Stilulcf of ('it il " ^{|■. Justice ]larliifi.S\\\i])i)si* this 'rrjhiinal Nlimihl decidi Article Vf that the Tiiited States liad or had not any rij,'ht of and had or hnd not nny riu'lit to protect tlieni on the hi"! United States hound iiy that riiliii!? when the two nations, if "tlia iindor tlio points in jiroporty in the seals, 1 seas, voii \vo\M consifh'r t he f,"»t IS, IT tli6 nc«!asion arose, i(>L'etlier in ncLrotialioiis uii ihe (|iiestioii ol' dajnas^es. ••Mr. I'hrlpM.- i slioulii, Sir, il' you put that question to moat this time. •Mr. Jiislirr Iliirlaii.- 'Ih-M is what 1 uiuh-rstand Lord llanncn'H <|ucstion to oinlinice. "Mr. l'h,lps.— \\' that is tlie ]iiir|ii.rt of the inquiry, yes. I do not suppose, for instance, thai if this 'I'rihnnal sheulil decide that the Inited States liad no ri!»lit of priiiicrty and no riirlit of nroreetioii, and that under the circiimstanc«'N vessels w«rc dii/.cd lieloiiu'iiig !<> Urili.-di stihieets. I do i.ot understand that it would ho open to flu* I'liited Slates after iliat to insist thai there was a riylit of seizure and a rii!;ht of ]m>(ectioii, in the l'a<'e of the decision of the 'rrihunal. '■ f.on/ llniinni. I ail) lioiiiid to say liiat, assuniinu' that thai may he taken as aiillioritative. it would nicel my ijiieslioii. ■• V'/c Prrsiifi-iii. And in that case the liahility spoken of in Article VIII would merely refer to tlie (|iiesti(in id indeniiiity, and then then' would he no disai^roc- meiit. '•Mr. l^/ifln-: That i|iieslioii. as it .seems to nie, which • as put hy his Lordship. rofciN nth'T to the infeieiice iliat the I'liiled States' (Jovernment would feel ilscll' Imuiid to dnuv. in respect id' llie sei/.ni'c, from the th'cision of tho points of law in i'(>spect to the other hniiichcs of the Case. '• Lnril llinni's. The ohject of my inquiry would he completely mot if it can lie tartcn as .iiitli'iritalive. We will assiim«> *'or a moment that the liiidinir wouhl lie no property. If that can he lacked on to the Findiiii? of Kacts as to the sei/ure. ;iien that would nie t that which Sir l^harlos has hocn askiui; for, a iindin^ that it was ;in ill;';j;al sei/ure ; and, it so, I piesume that would satisfy his requirement, as iiiidmilitedly it would meet the view which I intended to indicate in the question I put to you. " .Ur. P/ifl/is. — Your LonMiip will sec that if you ask the opinion of the <'ounsol of the United States whal would he the just and riiiht coui.se for the United States' (iovrrniiieiit to purs-ie in the fut.'re nci^otiations if sn"li were the tiiidiui: of the Triiiaii.il. our answer iiil;;lit he one wiy. Jf you ask us if we are authorized here to hu'A (he United St.itcs to any <'oiic!iision in future ncijotiatioiis, \vc must answcn' that v.c li.ive no such authoriiy, and hive no ri^'ht to make u declaration that would hind lluni. • Li'iil UaiiHiii. —Thai i-. wh,\ I put in the wurd 'authoritative.' " Mr. Phrlps. \Vc are i.ot aiithori/eil to mak<' any such statement or to i,'ive any MU'h assiii-ance. I am free to say, and I helieve that to he the view of niv associates, that after .". lindiii'.: hy the Trihunal upon the live questions involved, it would not st'i'iii to me liecominLr on the part of ihe United Slates, wlio iiave ajjreed to ahide hy this Award, to contividict the .Award when the (pie>tion of its propriety arose upon this Mdioi(liiiale matter of sci/iiic ; hut it mu.st he a qiieslion for those who contiiil the diploiiialic relations of our ioii of quest iuiis iiiiiier Ar!i<.lc \' II I th.' Trihunal is invested with no ai.llioritv .vhatcver except to lind the tacts, Icavinu: 'he leo;iil con.seqiienccs of those facts. s,i lar as these seizures an; eonecrned, for future cuiisidtMation. '• Then if the Trihunal vjoes further, and nsks me what that future consichniit ion "M tlie put of the United States' (Jovernment would he. I n«ply in the llr«t place that ! have iiodoiiht Iliat it m] SL M H :^ 49 ment when that time comes may do. Tbo distinction may bo a refined one, but it is one tiiat we feel compelled to make. '* The President. — We understand that very well. We merely wanted to know what was your interpretation of these words ' questions of liability,' Wc know tlic interpretation of the English Government. " Mr. Phelps. — Our interpretation of that is, as T have sjiid, that Article VIH simply provides for the finding of such facts—material facts, of course — as I'ither party may desire to have found, and may offer sullicient evidence in support of. Wimt consequences shall come from that findina; is a paint that it seems to us is imt sub. mittcil to tliis Tribunal. It M'ill be for the alter consideration of the Govoriimeut. But I should not seriously doubt, when you ask my opinion, when those jwiuts come to be considered hereafter by the Uniti'd States' Ciovernment, that the decision of tlio Tribunal upon the tirst five questions will be resjuicted there as elsewhere." In bis criticisms of the amount of thi claims, Mr. iIor!>:an is aUijged tit have stated : " The Schedule of ClaimM for each vessel contained an item dosiij;iuite(l variously as 'probable catch,' * balance of catch,' ' estimated balance of catcli,'" itc. These were cUmrly prospective profits or specvilative damages, and were all basinl on future or contingent occurrences, forming no basis of fact on which an t'(|iiitablo finding as to amount of damages could bo predicated. They should not be allowed. Similar claims were presented by the United States to the Arbitrators of the " .Vlabama" claims in 1872 at Gencna, and in their decision they siiy : " And whereas prospective larniiigs eaunot pi-operly be made the subject of cornpensixtioii, inasmuch as they dejicnd in their nature upon future and uncortiiin contingencies, tbe Tribunal is uiuinimously of opinion that there is no ground for awarding to the United States any sum by way of indemnity uiuler this head." Mr. Morgan omits, however, to add that in the award of a gross sum to Uie United States the Arbitrators allowed in lieu of the claim for jjrospective catch our year's Avages ami 25 per cent, on the value of the vessi'ls ami tluur outfits. 'Ihis i> clear from the 20tb Protocol of the Proceedings of the; Trilmnal, and is shown In detail in the statement inclosed in Lord Tenterdeirs d(>spatcli of the J)th Septeniher, 1S72, setting forth hov; the gross Award of 15,50(M)f)0 dollars was arrived at. Tiiai statement, after setting fcith the gross amount of the American claims, thus— Djllars. H.437,Ha 3,51 1,055 (i,735.0(!a 24,6R3,<)r)l 15,550, Hit 40,233,715 Claini4 for Iiint rrui«rr« (iocludiiig tho new claims for wniron, &(• ■) i'l'ospoclivc catch, if nlluwcil, an uilditionul fiiin of . . . . . . CIniius fur pursuit and cnptiiro .. .. ., With intercit at 7 per cent., wliich. taken f»r U yean, would amount to. , Total . . . . . . . . , , prow-'cds as follows : — " The Tribunal disallowetl tho claims for pursuit and caj)ture and for prospective catch. "They further disallowed :— Dolliiri. *' The clainm for pross freight .. .. .. .. .. l,0(t7,l.M Double cluimfi . . . . . . . . . . . . . . 1 ,6S2,243 And may further be assumed to have disrej;nrilcd tliv new claims (o the amount of .. .. .. .. .. .. 1,450,000 Makiiii; a fiirtlier reduction from the American claim of H,437.m dollars of .. .. .. .. 4.130,390 • And leaving a baliince of .. ,. .. ,, 10,297,748 Taking a mean Iwtwceu this and the British estimate of 7,404,784 dollars, the result is .. .. .. .. .. .. 8,881,26(1 I'd this must be aildes|)cr cent, of the claims oi Oct freight . . . . . . . . . . . . 503,576 Total .. .. .. .. .. .. 10,973.842 Wiiicb, with interest at per cent, for about 8 years, giret • reiuU of , , 16,600,000 " As actually arrived at by the Tribunal." led one, but it is (I for prosppctive 13 The claims in respect of whicli tliis " allowance in lieu of prospective catch " was made were on behalf of whalers, whose industry is still more speculative and uncertain than that of the sealers, and the observations of the British Arbitrator, Sir A. Cockburn, ontlmt part of the Award form a strikini,' i-onti-ast to the sfcitcments attributed to Senator Morgan. At p, 253 of the reasons for dissenting from the Award of the Tribunal of Arhitmtion, he says: " But, independently of the undeniably exaggerated amount of tlio claims, a demand for gross prospect ivi." earnings as (iistini^uislied from net earnings is quite incapable of being maintained. Tliis is admitted in the argument of the United States, and is clearly demonstrated in the British R(^port. According to the (let'isioiis of the Supreme Court of the United States, tiie only allowance which ought to be made in respect «)r prospective cateli is in the nature of interest from the time of the destruction of the Vi'sscj. I should myself be disposed to adopt a morc lil)eral mode of compensjition, and to award for prospective prolils a reasonable percentage on the values of the vessels and outiits," Siv. Tiie Fortune Bay claims to whicli Sir .1 I'auncefote alludes in his desimtch of \\w 2Sth February were almost entirely claims fur prospi'ctive damages. Of the total amount of 103,000 dollars, claimed by the United States in tliat ease, only 1,100 dollars was lor actual destruction of property, i llcjmrt of Jiid-^e Hennett, p.*3 of C. 3702, 188:5.) The American vessels we.e only interfered with on om- day, yet they clainu'd for the whole season's jjrotits, and the protit cl-iim was based, not. as iu tile Briti.sh Bchring Sea claims, on the actual results of the season interru|)ted, hut on the protits of previous years, though the stason of IST*? was an excc])tionally bad one (p. 2 of ('. ;{7(>2 of lbS3). The action whicli gave rise to the claims was not that of the British Government, but of a mob of fisliermen in an outlying part of the Colony, enraged at seeing the laws to which they theinsclves wine subject violated by their eom()etitoi's. The American vessels claiming largely employed natives of Newfound- land in their vessels, and though these as British siibjecls were uiuiuestionably anu'nable for violation of the laws of Newfoundland by tishing on Sunday, the British (iovenmient took no exception to the American claims on that ground. But although the Anu»rican claims were almost entirely for jirospective damages, tlicugh they arose largely from the violation of Hritish laws by British subjects employed by United States' citizens, though they claimed for a whole season when tlioy were (mly interfered with on one simple day, and thoui,'h, if the claims were valid, tlie'elaimants had a legal remedy in the Courts of the C(dony against tlu* perjM'trators of the alleged loss and damage, for which the Itritish (iovennnent were in no way n'sponsiblc, yet the British tJovernment, within three yeais from the date of the elainis arising, paid practically the whole sum denumded by the United States' (lovernnient, amounting to three-tburths of the claims actually \)nt forward by the elainiants. Tlie Mehring Sea claims arise out of the direct action of the United States' Oovernment— action declared by an International Tribunal to !»<• entirely unjustitiable. They are made cmt, not for profits bas«'d on the results of jjrotitable seasons, but on the actual results of the seasons in which they arose. Sonn* of the claimants not only lost tlieir property, but sutt'ered a rigoi-ous imi)risonmeni in a severe climate. The arrangement nuule betwet'ii the two (iovernnuMits for the payment of a lump sum amounting to little more than half of the claims preferred, without any allowance whatever for interest, cannot be regjirded as otherwise tl'an a settlement favourable to the United States, bearing in mind that tiie claims had already been outstanding for ten years, and that more than a year had elapsed since the decision of the Arbitrators had been given. It is not easy to believe that if the late Congress had been fully acquainted with the eiivumsta;ices it w 5> "fit ir "Ml ,.■..,■.1/ . •: >■''(» ,■ -f r .( s. ^ •- i5 4| Z R 3^ r. c a. B a o) 3. "5 f? 1 Jt t:. "19 TREATY SERIES. No. 10. 1896. 'W^n ^ V 'I I'ONVKN'IMON jKAT BRITAIN AND TIIIO FXITED STATES 4 fKR TMK SUBMISSION TO ARBITRATION OF JRITISH CLAIMS IN CONNECTION WITH THE BEHRING SEA SEAL FISHERY. Signed at Washington, February 8, 1896. Riillliculinnn r.rchtnii/i'd at Londini, Junr ;?, 1800. I'rfsriileii lit linth lluunes <;/ J'liiliiiineiil liu ( 'nmmanil o/ lltr Maj'etli/. .Ill,,' I.SU'l. ON \ 1»9(), LONDON; PRlNTKn IX)U HEll MA.IKSTY'ri ST.\l"IONKHY OPl-'lCG HY ll\KIUaON AN'I) SONS, ST. M.U!1!N"S I.A.N'K, I'lllNTgll* IN OUUlK/.lT TO IIKII ^!*JK^^TV. And to b« puri'liuoti, dther ilfrr.itly or thmii^h miy HuolcKuller, fr>:in V.ln* A Srorritwoohi, Kant 'IhpIihk Mr»>w ; iir lluirans Kiiiuiv V Co. Linih'>', lUI, liniftMU Suiwl. Dul'liii. i.-^lOI.] Pr>cv }.,l. ijesty. i (, n N DON': PRINTKI) FOIJ IIKII .\|.\.li:sTYS ST.\TI()Ni:HY OI'I'ICK HY IIAlilllSON AM) SONS, ST. MARTINS I,.\Xi:. rlCIXTKIlS IV IIIIDIMVHV TO nKK ll.*Jr-iTV. And to be pim-liMnl, cithrr diiwfljr or tliroU||li «nT Ilonk'i-lli'r, fr»m KYHK AXD SPOTTISWOODK, Kaut ILinrnxo Ht««it, Ki.kkt StHirT, E ir txo 32, .\Blxnl)il 1-.) .-1, •,*. « ^' a C :.A. H Ml 1 ■;;»; u, „..,.,»j,<,,f (,,||^ K^ CUNN'l'^NTION JlE'nVEEN GRliAT inaTAIN AND TllK UNITED STATES I'Oll THE SUHMISSION TO Alimj'llATKJX (JE I'.lflTISlI CLAIMS IN COXNECTIUX WITH HIE HEHHING SEA SEAL EISHEJIY. Sli/ihdiif Wiisliiiiiltnii, t'llii i"ii 1/ ^, l8'.Mi. [l^dlijiiiUi i/idii'lni III J.uiiiluii, Ji'iii o, IS'Jd.J W iii;i;i;as, liy a 'i'lciily U'lv ■> n llci .M^ji;-.!)- tlif (^Muiu dC ihc I iiiii'ii ivin<.;il"iit ul' liivtiL Itrilaiii ainl livininl, inid tliL' I iiiUil -•lad - 111 Auii'lirii, si^'iR'd ill \Viisliiii;^tiiii on iIr' lilHii I'fliiiuuy, 1 >'.!.'. lllC (llll'Slinlls ullich llllil llli-i'll iKlUcrll tlu-il' IfSlH'll i\ i' (,ii\i lllllli:llls L-iiluclllillj,' till' .jllllMlirliiiii.il li.ullt.s (if the I'liitcil ^liili< ill III'' wati'is (i| I'li'liriiij; Sea, ami chik crniih^ also llu; [in- ,rrViilioii ol' the I'lii-M'al in, oi lialiiuiiilly ivsoii'ii;; to, ilu; saiil s,;i. mill llie fjojits of ilic I'ilizi'us ami ^iili|rii.s ol citlu'V countiy i~ ir ;ii lu-smxini,' to, ilir siiil wains, were suliniitltMl lo a Tiilninal ol Ailiilmlimi as lliuiviii .iiiisUliiteil: Aiiil wlieiviis llic Ili^li I'l.nli.irliMi; I'ailies JiaviMj^ foinul l.liuni- ■.(■i\,> iniiililf to aj^icc niioii a iiliiiiii t? whirii sjioiikl incluili' llu- iii-.iiiiii ol llio liaiiiliiy ol eaili Im llii; iiijuiit's uHi'^^imI lo liavr lull •^iistaineil liy tlh^ oIIk'I', or liy its elli/rns, in loUMfi lion willi ;ln ilaini.s iiri'ienk'il aiul iir^i'il liv il, iljil, liy Ailii.li' \'lll of llir -,iii| Tualy, a;4ivf llial oitlici party ini^lil siilmiil lo ilic ArliiUaloi^ ,11, \ uiu'slions of latt invoUi'il in --aiil i laiuis, ami ask tor a limliiiu iliiH'iM, llu' i|nfslioM of llu; liaiiiliiy of litlur ( ioMinniunl on llu' ,ia- I'liiml lo 111' till' siiliji'd of rtiiiJii'i' ni';.'oiiation : .\miI wlieruas tlif Agonl of liriai llrilain iliil, lu uriiiiilain ■■ Willi llii' iirovisions of said ArliiJc V'l 1 1, siilniiil lo iliu Tiilmnal ill Ailiilialion certain limlings of lait wiiii li were auired lo a-^ |iin\,d by llie Aj;ent of llie Uuiled Slale.-i, and llie iVrbiUalius tliil iiiiiumiiiisly lind Uie fuels so set forlli to lie uue, as ajiiieai.-i liy .:,r Award of the Tribuuul rendered on tlie lolli diiy of Auyual, OiN i 1896, ijcsty. i •• m [I fiO N DON: PRINTED FO>' UKH .MA.IKSTYS STATIOXKIIY OIKICK BY IIAimiSON AND SONS, ST. MARTIN'S LAXK. PHl.XTKIia IX OIIDINAHV Til BKK JIAJKSTV. And to tip piirrliated, pitlwr tlirrctly or througli «n.T BDoV^fUcr. fnim KYRE AND SPOTTISWOODE. East IIardixo Stbrit, Fi.kkt SriiHEr, K.C., a!»d .12, Anivauim Stbkkt, Wistmitcitik, S \V.; oh JOHN MEXZIES t Co,. 12. IlAVorKH Strsrt, EiilXDrKOit: A\n W), Wkst Xii.r Stkrkt, JlAIOOW ; OR UODORS, KIOOI.'), .<: I'o., r.ijiiTEn, 101 ORArroN Stbkkt, l)ruu:« ' 8i2G. Priced. '■ ii' ~: fj. M £1 •' ■:/('■■ > i ™ O 1" fC-' ■ .,11 ,■.,.., 1 - iK . .If ., . /I , 1. .■ !i, •'■,,) I J 11' 'Iv I • Ami wlifiviiN. ill \ ii>\v ol' tliu saiil liii(liii;>ri ol' I'ari ^md <,r i|„, ili'cisiiiii III' till' Trilmiiiil nl' Ai'liilratiini rcnici'iuiiiL,' tlii'.iiiri~>li(iii,|,.,| ii;;lits 111' the I'liiti'il Sliili's in ricliiiiifj Sru, ami llif ri;;|ii i,| i,,,,. U'ltiiui iir inniirity nf the I'liilnl Sliids in tlii' t'lil-sruls ric'c|iiiiiiii|„ llic islamls nf the I'liilnl Slalci in lliiirin;^ Sia. llir (iiiviiniiniii nf ilu' I'nitiil States is ili'siicais that, in so far as itH lialiilitv is n.t ali'cailv lixi'il ami clcti'iniini'il liy tlic limliii.uH nf fan ;nii| t{|,, ilcrisinii nf saiil 'riil>iinal nl' Ailiitratinn, llu' i|U("alinn In lie jiaiil. if any, in le-jui'i c,{ such claims, ami each nf ihelii sliniil.l alsn lie iletelinineil iiii.l. i iL,. |iiiivisinns (if this t'niiveiilinii — all claims liydreat I'liilaiii iiiii|,.i Article V nf the »/'«//'.< ,'u;ii
  • ^. AHTICr.K I. 'I'lie lli^ih Cniitractiii;,' rallies a;^iee that all i laiiiis nii aci..iiii: (if illjlllies sllstailied liy lieisniis in whose liehalf ( lleilt Hriliiili i* I'lititled tn claim i'om)ii iisatioii fmm the riiiled States, and avisiiii; liy virtue nf the 'riealy arnresaid, the Award and tln' liiidin;,'s nf ih, naid 'rriliiiiial nf Arliiliatioii, as alsn the addilioiial claims s|h'. ilin! in llie ."illi )iari|eialili of the ]i|ealiilile herein, shall he refeiinl !.. two L'oiiiiuissioiicis, one of whom shall be a|ii.niiiteil l.\ 11., .'i •■ ' ■ ■ I" ,'• '..; • .. , ,"• . '• - , ,' ■ ' • ''.I V, ' ' '.■•■I - ,".?'••; . ; l;wt1 i. ■■ - ' " '-1. . - *i ••»: ir, ' , ■.' t r< i; ,i'' • ' I' til ra.1 5 '■ :) ■ I'- i HiiiimiriiMc I:, llriiiiiiiiii' ^^ll,il'N^.v, iind tin' nlliiT liy llic I'rcsiilciii ni' \\\r riiitcil Shili'-^, 'ill'l "'"''' "' "''"11' ''ll^i'l 'ii' li inii'cl ill llic l:i\v. .\|i|>rllil>''* * '"IIVi'liI lull i.s II li.st l■ "'" tiiiil.v mill iiii]i;irtiiilly iiivi«tii^atf (he chiiiiw nlciii'il til llii'iii. mill ri'MilcT II JII.-.I ili'ii>iiiii llicn'uii, tln'V slmll i,iiiiri'l jniiiily III the (lisi li;ir|.'i' ul tlirir iliilici. I'lu' CiiiiiiiiiHMioii sliiill alsii sit M S;iii i'lviiicisio, ( 'Mlil'niiiiii, us will it'* N'iiti'i'iii. iniiviili'il litlu'i' ( '(Piiiiiiissiinici shall so itMiiicsl, ii he shall hi' of opiiiioii that ihc interests of jrsticc shall so iviiiiii', for reasons to he rceortly shall lie authorized to hear and examine, mi oath or ;illiriaaliiin, which each of .said ( 'omiiiissioiieis is hereliy eiii|iipwcrei| 1,1 iiliiiiiiister or receive, every iincslion of fact not I'mind hy thii Tiilmiid of .Arliitiali and to icceive all siiiiaMe aiilhciitio iistihiMiiy eonreinin^' the same; and the (lovcrmmnt of tht3 riiit.d Slates shall have the ri;^ht to raise the niiestioii of its li.iliiliiy lieforc till! ('omniisKiiiiieis in any case where it shall Imj Huvi'l (hat the ve.s.sel was wholly or in' part the actual iMopcrty ,.|aiili/.cn of the I'llited Stales. 'flic said (,'oinmi.ssion, when sittiiiL; at San Kraiicisco or Vi, Imia, shall have smd exercise all such powers for the procwie- iiiiiil Ml enforcement of testimony as may lien^after he provided liv a|'iii'iipriato legislation. AUTICLK IV. The ( 'oniinissioiicis may a]ipoint a Secretary and a dcik or ,!,ik, to assist tliein in the transaction of the lin.sini..ss of the iniiimissioii. AUTICLKV. Ill the cases, if liny, in which the ('oiiimissiiincrs shall fail to ,i:iir, they shall transniit to each ("loveinmeiil a .loint liepml -tiliiy in detail the puints on which they diller, aiul the groumls I 1896, ijesty. ^^'':.i- 1 1 LO N DON: PRINTED FOIl HKIl .MA.IKSTYS ST.XTIOXKUY OKI'ICK BY HAHRI.SON AM) SONS, ST. MARTIXS L.VNK. rlll.XTKRS IX ORIIINAHV TO HKK M.UI-STV. .\ii s . • ii n S 5 ;i ' '•-! ; , « ' -1, nil wliji'li llii'jr ii|iiiiii>iiN liavi> lict'ii IViI'IiumI ; aiul nny hiicIi ilii|r|,.,„, sllilll 1)1' ll'll'lli'il till' lilllll lllljllslllll'llt to an l'lll|lill' In In' aplmili^, liV till' twii (iiiviiniin'iil-* ji'intlv. or, in ciisc ol iliMumn imi,. . Ill' liiiliiili;it)'il liv ill'' I'lrsiiji'.ll III' llli' SwinH ' 'iililiiji i,,||,,|| . llic r('i|UI'.'a('ily lo hcivc, liiiin sji |^|„.. i'|- IIIIV nihil ciiIlM', 111 rlllliT 111 llir l\Mi ( 'nllllliiH^.inlii'is, i,i ,,| ||^ l'iii|>ii'i'. it any, lii-^ jiliin' sliulj lie lillcd in ihu iiimiiihi ,, (iiiiviili'il I'l r llu' iiiigiiiiil ii|i|iiiintuii'iit. AKTICLK VII. Kiii'li I Invriniiu'iit sli.ill |)riiviili' I'm' ihr ii'iiiiiiii'r.iiiiin ,,| j], I 'iiniiiii'''siiiii<'r n|i|»iiiiti'il liy it. 'i'lli' ri'llllllli'llltinn III' till' rill|>il'i', il' nlir sliiiiilil |„. ,i| |„,|„|„ anil all i mit iii'.;('lit ami inriiirlital r\ |>i'li''t'- j.,|, .,, Ill lilt' rni|iiu', shall 111' lU'l'niycd liy tin.' twu ai(l('il In (ircat I'lriiain iiinli'r tins ('niiviiiil. on iKTiiiiiil nl any claiiiiaiil ti.\ iiiniillis al'lrr tin.' auiniini llu'ii'nr >liall have I- in Ii, nifi a.Miilainiil. .\I!TI( l.l'! IX. ■•«1 Thr |in'M'nt ( niivi'iiliiiii sli.ill lu' ihily latilicil liy Hit ririt.mii] Ma.|r-ly ami tin' I'lcsiili'iit nl' ihi' I'nili'il .^^liili'.'. nf .\iiii h, ,i. 1-. .mil with till- ailviii' ami rnii-i'iit nl' ihi' Si'iiatf thiMinl'; ,iiii| li,. laiiliiMtii'ii.'* .shall ' i \ihaii;;i'il cithrr at Lnmlnii ni at \Va.!iiii;'t..:; vwlIiIii .'^i.\ liiiind >in the dati' lu'irnl', ni' earlier, il |ins>.il.l,.. Ill faith wlici'i'iit \vi', till' ii's]ii'rlivi' rii'iiiiintinliarii>, Li .'ji'liii'il this Cniivi'iitinii, and liuvc liori'iiiiln alli.M'd niii- vul^ IS'.IG. Dniii.' ill iliiiilicalu al Wa.shinj;lnii, ihi! ■'■ith day nl {L.S.) .HI.l.W I'ArNCI.lnTi: (LS.) lilLiiAltl) OLNKV. fJllHi •iV -. t T-T^«' ■ Trrrr ^ •I 1 •(^''TT 1 t. ,1; i il 'i i t ,' « i- ■..■-< ■J-1 ..i ■^'■••, ';' ^ '*?.'■ ' ^; - "I ||; ! I ■ ■> h '1' 't ■ U -i i.d^' II II ml any nucIi ilill.Trtu. m|iiiv ti. !..■ .i|.|«„iii. iv ol iliiayii . i„. II' NVi.H.S I 'lllllVllll.llluli .11 SCI Vf. hiiiii ,j, 1,1, llllllir<.'ii01rls. ■.! .,| ; ill llic lUiiiiiii r 1 1 1. r h'llinili'r.lllH;; .,| ;■ ' shnllM III' .'I |.. 11,. Ill' lllc t 'lllllll>l--l II I lil>VlTIIIIU'llt~ 111 1., uiiili'i- llii-s Ci'iiv.-iii liy I lie t iiivi'iuiii' \,\ iiii r.i'ii.iiiiii' .M.j .■-liall li.ivc 1" I II !ij itilii'il l'\ ll. 1 1' ■ Stales (if AiiM I.. .1 li'li;il(' lliitrcul , .111. I iiiilmi or ill \V,i ',:ii. curlier, il' \ni^-i ! APPEMUX ok I'l.AlMS. jii« ^■•■ti/'''' 'o /Af Triliini'il iif .trlii/rnHnii ,>l I'ni-ii. — \|>)ir(isilli:i(i' Xam' »# t-^wi DMp iif Srimiri' lliatniire Ciiil.'.l S' it ■' V, ^. 1 frmn l.jinil i mikiii',' Si'j/iiri'. wlii'ii Sfi/'il. ' - Milr<. ; artiiltn- AaffMt 1, ixMn 7ri Ciirwiii. T|,„nn"> ,, A.<>.i 1. .. 7ii Corwlii. ■tivia'i •■•' ,, Aavwt ■t Il.'i r.irwiii. l.i'.'ir: AnidHl y. '.'. \V'irni'il hjf " t'orwiri " ilt nlmill -tun ■ |iii«ltioti im " Oiiwinl." .\iimBw* ,, J.I, ■I. I8>.7 li'. Itii.ii. « J- *.|M'««<* Uij !», ,. .VI llii-li. l».Hiniiii .. '."'.' l;i. .. Ill llii.h. i.T«rtr J.ir 17. .. ■Mi llii>li. ^,Uf4l iftMl*^- , , AiHTM' III. .. I''J KihIi ftib .- ,, Anfiut 24. ., 1.-. 1 II.- ir. Jimmj" '• Aii«u«t 1. .. \Viini"h. Mtimir J.lT IS. .. li.'i intli-K. KiikIi. hittifcittt'ff •• Muri'U •.'7, IH9I) .Si/.i'il ill 1 (hi will. Nnili lliiy. 1 ^.th'IIk: ''ianrn ,. ISHti. lnn'> ,. 1 KH?. , -I-. n ^iwiriMtl" i-aM ON < 189(), ,\X I'.M'Ni I ,vi;i) t>i.Ni;\ .lilililii'iml < Itinim. ■nmA-nt" - WintlVwi*' .. ' lltrnri'ttA " -Owitr Mil Kattw' IHH7-II'.I. ixfll. IH'.I2. IC'J.'. 'ijenty. r, ON I) OX. PBIXTKD FOR IIKH .MA.IKSTY S .ST.VTIOXKKV OKKKK BY H.\IIKI.SO\ AM) SONS, S'l". MVRTI.VS L.\XK. rillXTKII* IN »III>I.>'tHY TO HKK H.IJI^TV. .Inil to h<> piirrhmuHl, either dirwtly or through anr Uixikirllfr. fiwm TVtJ. 4!fD SPOTTt-SWOODK. Ka«t IIabdixo Stb««t, Ki.ket .•^tuiit, E.C xm 3i, .\BivflUi>i« Sthkkt, Wkstmixitik. S\V.; on JOHS MEXZIK" k Co. 12. IUxovkk Stbket. Kiiixuriioii ; axd ■JU, Wkbt N'ilk Stkbkt, JlasiiuW : oh IIODOE!^, FlOO^i. .> I III '9Kim ''«'''iiB< lufl'r It ■ ■''•■■■•^ 4'_ • '11 n n , ' .. I,. I >• I \ •>,!• I, ■ ' w ;1 I m '"■ ]^ n t •„ii .,i p' 'mI i.'J '. IJMTI-:i) STATKS. No. :\ nmiY R E P n T nv l'H()PK!karll<'r. frnin XYBR AMD SPOTTISWOODK. Ka«t IIardino 8t«»it, Krrmr Stuiet, K.C. axo 32, AlllNnU<>^( StHKKT, Wl«TllIXiTtH, S W. ; UK JOHS MKXZIK" k Co. 12. Hasovkk Stbkkt, KniXBrROii ; ami UU, Wmt Nilk Hthkt, JlaiouW; ok IIODOKfl, FIOaiH, A I'o., I.iMiTiD, 1(U OHArrox Striikt, DruLiif. ,.^ i m Iv(|ii)il l»y l^rnk'ssor l)Ai(ry TlMtiiipsoii :iiiitiijii>, llic I'riltyloU iiml Con;- iiiiiiiiltr I'*lninl» lor On' |mm|h.m uI mi.i >liLMliii'; IIk- riiiidiliuii urilic Houi Mokericn ttificoii, I have tile lioiinni to Miliiiiit tin- loildAinv l>c|Miit : — ■_'. 'I'lir main ol)ji'iiiii wii tlic ((illcfliun «il iiirurtniitioii iiixl ^latiitK -. ttilli iTnanl to till; woiKin'/ aiiil cllcilivi'iu > nl flu Hci.'iilatioiH lor the (\ii— chI li^li" ry liHM'ilicil liv llio AAiinl (illlf Pull- Ailiiiraliiiii 'rnliniial. .{. Il wai |i.iilu-ulail\ I'lijiiiiii i| 1)11 nil- ti, iiiM'^liiialc llic hicrniiiif mokci irs witli a \u\\ ti) a><-(rl.itMiiii; \Ui < xlc;il ,iu '. i .iii«c^ ol llir iillc-^cd iin>rl.ilit\ dI" iinwi'aiicil [iiipx. I. I wa?* Itii'iiicr iiistiiiftt'l In iii«|i ■( t mid c-iiinalr the iniiiilur of waU n-ortiiiu' to till islaiiiU, anil in |>ai-tiiMilar to tl.i' riiiivloll MaiuU, ,iiii| lo i fu i{mii tin' iilunoincna that I wilnisM'il wn'i till' Miloiniatiiiii ami -l.ilixijc^ -ii|i|)|iiii Ibr tin: M-a-oii ol Ih'i,') hv the Aniiiiian A.;iiil>. '.'illli ( 'iai;;ic --, I'*! m««iiiii, Sen. Due. I-".". I'ai' I, |>|). •'<"-. 'tj-"'.) .'•. Lastl}, I \wi» (liKititl lu rail ii|ion tin ..iitlimilii > in \V .isliiiiuli'ii anil Oilawa, and III iililain tiii'iv, and cnlli'd aUn iVo-n |i('immis <-(inni'('tcd willi tlii' sciiliii'.'' indii>ti'v in \iilona, inroniiiitii-n lii'iirin;-, on il.r Ini'im-s of my n'i«xioii. i>, Mr, ('<■ 1°. II. Il:iii('ll-i I .niiiion >mi^ a-.-ioriati d \Mlli nii' and iiliiccd iiitdci' mv iii(li'i>, witli in^tln('llon■^ to |ii'iictii;al> tliosr lor.ilitiis in |iatti('nlar. Mr. .lainco Mucnnn w.ih M-'-ociatcd with inr kh an Al'i iil ol lia- Dominion (iovii'MiiM'ni. aii'l .Mr. .A. Ilalki-ll was 'iiii'Clril al till' saiiir liK.r liv lliL si 11 if ( io\ i I nniiiit to |ii'ii('i-rii In Itihi'Miu; Sr.i on hoard a I alin}>-)t('iioonfr, and to ns.iIcIi 'Innn^ the MiniitniT tin int'liiodi •mil ix^nlis ol' ihc |icla.;:i; iiuluklry. 7. I l< It Knidand on the 'jitrd .Ma\, and nrriviil in W'a.-iiinuton on thi> inoniin.' ot'tlic .Ulih .\lii\. Ili.'< K ■ II lli'iicy Sir .iiiiiim t'anni'clnti- |ir(siiil(i| nic lo .Mr {)lncy and lo .Mr. ('. >'. Iljimlui, A«.M-.laiit ."riiftarv lo lln- Unilfil siali»' Trcannry. Willi tlv lall r '.:rntliinan, who had hiniocH vi-jtrd ihc sial iMlamls in ihr >uiiniirr ol I**'.)!, I had liu! Iii'iit'lil ol' tnudi convtrHatioii, li'^fcthcr will) tlir adsaiitiiL'c of nilrodiictioiis to tlio wholo liiiilv 111 niit>nalisl> M'sidi III in \\'ii>>hiii'^tiin who had uivcn thiin'.:hl to the niatlt-i', or I'.iiUi iji^iic : i'l ilir M'-cairii. .\moii'. iho-c aIhi ilid ino->' lo riilnliiii aiiil i'nli;;ht> :i ni* Will .Mr. J. lirownr (looiii', nl'thi' S,nitliMini.m In^lilnlc. Ua- news iit' wlio<-i- uilinKly iiiunir lK|iiirtin( nt ; Dr. I<. St.jiitv.L-r, \|i. !■. Tiin, and .\lr. I". A. lan.i-, ni Ihr Na'iotnd Miimmuii, who hud ull hci-n, or wi n; iliiiul to III, t'm|>lu>('d in this ii.'iiunl.ir inijiiiiy. N. On th«- iiitihl ni' till- ">id .Innr, I It-ii W a>linmU>n tor Ottawa, in ('Oni|ianv ilh Mr. .1. Mucoun, who hud im t inc in .St ^v VoiU. I lom Ottawa I jonriicycd to Qiifbir, .it llic nmitiit ()! hi- I'.Mtlk'ncy ihr (iiivniiMr-tiriu-ral, in noli r lo ionic r with his I. .Mil. iiiKv nftnrdinn ihr olijcct ol my nii-«»iiiii. Kilnrium; In Oii.ivmi uu tin- !«t|i .lime, I (liitciisiic'd till' whidc i|iii'sti(in iit k-iiulli with i)i'. ii. M. DauMHi, wiio wa"^ kimi ciinii'^ii t i liiuw u|i a cnllrcliun oi nolii< and .Mmuc^lionM t'tr mv iiiturmalion xiui miiiiuncc. in :'iiiii|>any willi Mii>hn>. Maconn and il.dlMll, I lilt Ottawa nn tlir ilUli June, and arim I 111 \ ii'luriu, lliilith ('nlninhi.i, on tin- Inth .Innc !l. In \ icioria I iiHsociuti'd and cunvcrKi'i.' vkitii a numi.er ut tlic captains ol lieahni;- -rhooiutii, who wcio thun eimu|;i d in tittiii); out ihiir M-Miids lor the ».iiniinr't cTiiisi-. .n.d ':>|icciullv witii C.uitain .siuwaid, ol llii' " I'ui.i Si wind," wlin lud nili'ivd tl.i- ItoHpitahtv fkJTl l» -• t ( i Mii '^^M WA i] 1« •I of liis sliip Id Mr. AflHmnt (or ilic siinititiM I la-r-.iii:c-ac(|(iaiiitc(l ali^o willi M'vcrnl i;<'iiilt'. iiuMi coiuuTtiMl winM^JMUi^'trv. 1111(1 p»rtif-i«iU)r|y wiMi Mr. .losfpii lUmcuwitx, a Iciidiii:' li;)(U'i-, witli l.M'fxr iiit««tflMVitlu* '^■ttliii;.; litiiiincKK Adiiiinil Slo|ilu'nsoii, wlio w^ikn M tlmf time leii\iiii; llio station, mil ,\'lmii,i| II. St. .lohii I'all'wer, who was liun assumMxj- x.\\v j-oinmaiKi, ivciivcd dm with niiicli kindness, ami nndcrtook to meet my >rifuiri'nu*iliriitif !<»•« on Ixiiird tin* linitt'd .^^latrs' ^liip " Aibatros-i,'' and I now U-aiiuMi tiiat an A»n<*rican «' itMiMwitMion iiav |)r Dnvnl St. or .lordw' C- 'i«li'nt o! tli<- Ix-lund StanlonI IhiiviTsitv. Mr. .loM'|)li Miiirav ol I'tiit ^ollini* ' ^da, t'orinc-rly UniliMl S|;ii(.," i'rcasnry A^rnt at Sr. P.inl island, was ^('ll•(•f^•d iw V?»».'«feiM««i»'r • AHt-rfros-* , '' Dr. i^'oniinl Stejnei'er. Curator I. r K"|ili ii.-d .Stidcs' NatiiMid Vl-^^-mn Mr. KrKl<'riL' A. Liums, <^"urat()r of ("oniparalive Aliat(>in\. '' nifed States" !^nseiirt«: and Mr. ('Iuirl(> II TowosenH. NaturaliW of tin- " Alltif<'v to tin- ConnnissMMi. ««•* t»»«»k » vi»ry impoii^iiii {iii««»t in its snl)sc(|n«Mr' inve«tij;;afioi)- It). Uii the l!)th June ! departiii U '" Victoria for Sealtl*-, in hIm" >*l4ilr<»< NVashu,; ton, f.o join tlu' " .Mhatross." ()n the _ •' .Innr I set sail from SvMXh- iae t n»ln*k.\ on hoard that V( %•■(•■' in eonipany with ih' fn<>riean ''()nMni>Hiouers ,in»t Mr. ^faeoim, Mr. liarrett-l lanelton heini; then on hi^ w.n t.mi San K, nri-'-o to .lapae ■ •' (•«•k^: .md ihsuniltarked on Hie .sth .inly oo iIh' l.-lnnil ol' St. (ii'oif.c. We were here received xvitli jiieil kindness liy .Mr. .'aiw^s JiH^Lre, Uesident .■\i;ent ol the Unileil Slates' '^rea^u^y. .iinl l>y Dr. L. A. Noxcs and ('a|)taiii Daniel MChstir. ol the Norlii .\nirricaii ("oininercial Coinpany. I'J. On the rilli .Inly we left the hdand (d St. (ieori;c, and arrived on the same ijii' at liiat of St. Pan), where we were r<-eeived hy .Mr. .1. 15. Crowley. Ue-iiteni Airiiit ol liic I'nited Slate"-' Tr'^asniv, !)V .Mr. .1. 15. Sl.iidr\ Ihown, ,\j;ent of tlu North Ainerie.ni Counnercial Coni|iany, and hy Dr. O. II. \oss and Mr. .1. C. Ued|ialh, otiirials of tin ( oiii|iany. (^)narters were |irovideil for ii« in tiie C'om|iany's lionse, a sinall hilioralory aiiii a |iliotoma|ihic roon\ were presently titled np for onr n^e in iiii empty hill, and then and liierealter. dnrini; the whole of our sl.iy, w e\peiii'iieed the ;:reatest kindness ,iiid attuition Irmn the ahoM'-iiaine.ite!lite," aeecnnpanied l>v Dr. .lordan, to whom Cominander .Mien had olfiMcd tiic liospd.ility of the ship. I I. (hi the J'Jnd .Inly we ariived at IMirinj^ Islantl, wlicri we were reci ived h\ .\lr. I'linii Kliii;e, a;;int for (he Knssiaii I'nr Companv. We learned that the (Sou-rnor ol the is| imU, ('olonel tirehnit/ki and .Mr. Itarretl- llamilloii wiie la tli on Coppi'r Island, and we a(;cordin^;ly sH sail tiiilher on the 'Jllh .lnl\. On the intcrvenint; day it was iinpraeticahle to vi-it the rookeries, \'2 inih'^ distant Irom onr anchorage at Nikolski, and oni' intention to return thither had to hi- allei- wards ahandoned. l.'i. On tlu •_' jth .Inly, in the eariv niornnii;, weanchoied oH the village of I'reolnajeiiski, in Copper Ulaiid, where i innnediately landed and paid my respects to tin; (governor. We tlien, aeeompanied hy Mr. Hiirrctt-ll iinilton, sailed to the neimlihonriiiK village of (ilinka. from which placi- we eros.'.ed the isl iiid, and, miiler the u:nidance ot Major Waxmntl,, ( iovernor ol Copper Island, spent a day in snrveyinj; seven ont of the twelve portions thai constitute llie great rookery whicii lakes its name from the village. Our journey gniin,' aiitt coming lollowed two of the threi chief drive-routes of the seals. Iti. The conditions uf weathei and the dilKctilties of anciiorage and (d iuiidinu reiuierin.: it inadvisalde to delay, and the otl.er Cominander Island rookeries liaviiig heeii suliieienlly surveyed hy .Nir. iiarrclt-llamiitim, we d«'purted the hnme iiir^ht on our rctsini voyage to tiie I'llhyloHs hy way of Unaluska, irr i which pluce H»M' MajcstyV slii|i " I'iu asani," Commander K A. (iarforih. conveyed .s to the islniuU. 17. We reusiiiu'd liie Isl.iiidof St. I'aul on the ist Scptemher. On (heHiii Septcmher, in vompany with Dr. .lordan uml Mr, Lucas, of * c Ain«riean Cum nisoioii, 1 left St. I'aul 8 ioiMT, an ! tin- very ini|)()i:;iiit Intl. ami tlun KiiiiliK'sH iiiiil litiids (in ii(i.ii'il fi' iri'i ivi'd h\ „i, lionid the Unitt'd Stul.-' irvcmi.-culln' " !{ti,s|i." ('a|>tiiiii W . II. Uiili<:il>, ivaclicd Silkimii llu- '.i'iml Si |itci.laniU, in nnlcr to icMinic ard rt'|U'at dnriip.; tlic lir»t •ii'.V" "• (>t<«»l>*'i' •''(' invt ^ti!J;;di()n and lount ol'llir dead |iii|ih, |s. I s|Hnt M)inr (ia\x in \'irt(>ria. dniinL: wliiij- 'inn- Mr. \. |{. Milnr, ('.,M.(;., CiilliTliM' oC Customs, I'urni^iifd me with mnili iidiinii;itiiMi, and maiK; nic ac.|iiainti(l willi several i;>'ii'liii"'" vrrscd or intcri'slcd m tin- m al i|nisliiin. in^idi-i lliosr whom I had nn i lonncrlv. 1(1. Lcavin;; Vicloiia on llu- Kllli Oilultcr. I Iravrllcd. in accurdancc wilii my iiictriK'tions, to Oltuwa, lor llir |inr|po-f ol i uiirniini; will Dr. <;. .\l. Dawson, and aUn, in tin. iihsi'iiw «r the Minister of .Miirinr and Kishcriis, with Mr (imiidc.;ii, flir Dr;iiity Minister, and with I'roless.ir Prime. Commissiomr i.l' I'l-lnri.- I had aU.i iicri' an i,|i|ii)rtimity ot' diseussinu the eiremn^tanei'^ oi' the i ,im' wiiii SirC. Ilihiieif 'ri:|.|ii'r, wmi «as iihont to |trurt!e(l to Victoria as counM I lor tin Cinailian -.smIit-. in the c.i.r. luaitiii'.- ;irl)ilrntion. •JO. On the 'JtHii Odulie;- I Icit Ottawa, ami arrived in I.uii'.im mi the :'.l-l O. lo' er. •Jl. It is "ly duty to mlurm ymii l,iiiiMii|i that I ami my olh .imir-. reciivnl al ■. \eiv v|ii;:i' III onr joiiriii'V and in eviiy iiurlnin oj mir woii< >ii('h kindiii"-^ and liii-<|iil.dily as ,all liir the warmest ex|ii'essi(in of mir thank- In our av-oi lation w tii 'he ullniaU ol the I'liilcil States' (.uvcrnm, whetlur Ameiican or Ihilish; that the utmost Idierix III actitin within the Itoimd-. of pu mi .\a-, pcrmilled ii-< ; thai, in --linrt, we wcri' lel'l (ree III <('e nil that was to he seen, and to do what^oivi-r eommended it-rll to onr inclinations ii )iii|L'iiient. U'J. I asllv , it liehoves inr to iieKnowledire that in liie in\eKti<;ations pieseiitiv to he iiMiilicd mv own |iarl was that of one aimni;; many, and that the eiiiel Inii'den lay vvith |)i. .liir.laiMmd his ( 'ommission. t )n tluoe <;ieat and -eittiiiil rookeries a n>an wm '.im: •inuly can do little, where a company workinu' in eolhi>uin can do mncii. Acecndin;:!)' ii \\jis iiiv hiisiness to eals on liie i- ot local nuuiagc- inriit. 1 Statistics of tli:- indiiKtrv. "11 Lre of (iiiiik^i poi'tioiiK tlial |)uriicy ^oin^' / left St. Paul n 4 n ;i M^ f! ^ •. |m . :i !^f ^ rf ll»l M-i! .:■ ':•>■' '^ r...J. « ^ ^^6 ■ .1 >' fe:' ■»' . I r : w i II » St. CfKOROK tsL.VVl). Tlir Aspect and Condition of tlir Hnokrilr.s. S'nrtli lioitknii. This rookfi'V occupies ii strctcli ni loii^li ^lioii', strewn with ,!;i'out blocks ol basalt lor till- *|i:ici' (it ;il>()iit 1 ,00(1-1, 10(t y.iitis wi'-t dI' I'm- villiii^c, oil tlu' north sluni' ol il,,. lai'.d n I'liinil tlic uinif or li>s n.rrow hciicii lisc low clitl*. lnoktMi Vvw anil lliere bv uiiHii, uiviim I ;i>\ acci'ss to ilu' i.'('iili\ -joiiiiiy; platriiii anovf, the inaiii ii'-^oit ot'tlii' yotn and l'a('h< lots, Sii:'h a roiiliu'iii'itinii of low lii'ai'h anil hi.:h(M- hark^iouiiil roiiwnii'iitlv a|)pHMiiIii.il ini chaiactiTistii- of llic majoritv ot the rooUeiie.-. on both islaiiils. in this cms.m liii'p uull . at till' '■a'it (el. i)liotouia|)!i No. '.(.''i'^ anil anotliiT ahoiit, ."{(It) yait ifiillv ol tlir aitiial rooki'iy ^pholoij;i'api> No. !l I ) wu>, wi; wric tolii, im iiiiporlaiil asi'ini to the htiulin,i;-'{i'(nuiiK ten or fittecMi year.s au'o. 'I'iie liineniii oeenpy the lieacb in a line at tiist siuht lonlinuoiis, hut internipteil liv live shi 11 Imi iiks anuviiiitini; in the aj;tfrit;ate to a spaei; oi a. mt I fiO yard*, in the two ^vesternnu)^l patches ol the rookery tiie barenis run iiack troin the beaeli up t» convenient !;uIlie^ to i dihtance in the we-stenunost ease ol about .')() yards lioai the shore in the early part ol the seuhon. On our tirst visit i^the sih July) we alleinpted to compart- the aspect ol" thu rookcrv with the outliius marked by Mr. Townsend, on the Isth .luly, l'^!)3« upon Mr. StHiiluy Brown's map ol the rookery (of. .'•eii. Doe l;{7, I'art II, (hart \\. .Mr. 'rowiisenil pointed t)ut to us that the ixtremities of the re-entrant avenues m the weslirn ;;ullies were now apparently slightly curtailed, that a small break existed, iim marked in his map, in the tiist or eastern patch, and that the iiiiddU patches were thiaikil oil at their ends. Uut it seemed to me that in at least one part (ol the westernmost |iutcii hut onc^ the space ocinpied was broader than the map displayed; and hearing' in laimi tirstly, that the oriuin.d ■>urvey was a louxh one (as ('aptain Most-r and his otiicers piov.M b\ a partial testirxiv this year), and, secondly, th.il the plottmi', oi tiie occupied aren.bv a bird's-eye inspection was rouj;her still, and, thirdly, that our visit was ten days earlier in date than that ol' Mr, Townsend the year bei'ore. and I'ell by so much the more shun ol the period ol iiinxiniiim cNpaiision of the rookery, it seemed ilear to nie that at leuM no such eiirtaihiient of the rookery's extent had taken place wilhiii a year as eoiilil lii' certainly discerned b\ the eye or demonstrated on tin chart. t'l'he " .spreadinj; "' of the rookery as the season adv.iiiees may In- slmwn by a coin parison ut .Mr. Maeoim's photographs Noh. 2, I, taken the lotb July, lHi)tf, witli mim No. 'X\ taken from ihi' same station on the .'Ulth .Inly.) On the li.iulin^ ground above the eastern end ol the lookciy (still on the oivasinti ii! our lirsl visit) we saw a body of about liOO liaeliclois, mostly youiiu; or old. those of i il>i mediati' "killalile" si/.e heini; very few. A '• drive " had taken place two days previou-l, ('he (Ith ./iilv) Ircm this lookerv and the neii;l itHiiivnii; one it Staravc Atil. at wliieli ItHt wtre killi d. 'Ibe circiiin^tance that .inother ilii\e on the \'M\\ .Inly from the same iv. lookerio \ielileii -1^7 skins, and a final one, on the L'iih .Inly, ;J( Its, illustrates the hut tin tbe liacbelois, at least, aie never all at once noon the rookery, but keep eotiiiii.u: and :;i>ii. bitweeii lam! ,in(i sea. -o th.it alls oiii' apparent .■ leaiaiice is never a complete one. We ciiiiiilid .1 lar:;c iiiiiiilier ot hareins with a view to a'-eeitainiti^ the avii>i;:c miinhei of cows. I, lor iiistaiici , (onineil .'M hareiiis west of the middle point ol !l rnokeix, and oltaiiud the lollowii,,; nnmherH : IM, M, l.'i, 10,(17. I.'i, n, I, 'j, .'5, I, I, .'i'. I, I. j'(i, 10. .'I, 10. I, \, id, .'), 7, l», ly, .'), I, i;J2, .11, (Dial M'\, giving an iiver,ii,'c oi about ld'l()cks of basalt, north sliDii' III the and I lie IV liy uiillu. Ot till" yiitiii'^ > .;,|, fioiiiiil oiiivi'iiiciitK Hills. In tins (1,^1 ) yard* Ih-viiikI tin ilin;;-iin)iniils. ||ii . Wl- WCIV told, 111! Init inlci'i'ii|)t('(i In yards, in the two the heacli n|> t». r»() yards IVoiu tin |irc;t of thu inokirv i, u|ion Mr. Stmiliv cntmiit aveiiuca m .11 hrcak uxistid.iKii latclii's were Ihiinuil ; western most |iiitcii I liearin^' in niiiKJ 1 lii.>< «)tliceis |iiov.d occupied aruii, liv ten dayn earlier in icli the nioi'i- ^hori to nil- that at Ii-hm I vcar lis c-oiilil ill' II shown l»y a coin y, |Hi)6, with niiiH on tilt* o(va>inn n: old. those oi' i il.i U(i days |ire\im.-l, Atil. at wliicli ',{ni ruin the saini' I" >t rates the tail lli.i' eoiiiing and uoii . npletc one. iiining the avera::i liddle |ioiiil (il lla N, I.--'. ;». I, i,.M', ing an iivei'.ii;i' ! uiid t.i he hi'ulxi up mA apparently divided between six or s<;ven bulls. Within a short distniicp of it were nineteen hnrems and six woll-grown h.ills still " idle." We have here illustrated several elementary facts of seal eeoiioniv ; lor instance, that there is no moderation in the hnH'; desires, hut that he ijets to himself a-^ m.iiiv cows as lie possibly can; tiiat the harems are as diverse in ir.jmher as the hulN ,ire niiecpial in utiriiKlh and ferocity; that the harems, once lonneil, are not immiit.ilili', Imf mav in the roiiseless conilmt be broken up and redistriliufed ; and that many hulls, appan iilly in full stitJiicth ami vigour, may for months to'/ether lail to estahlish a harem at all. Other partial counts of the rookerv (still (jii our first visit) ^.ive us, lor instance. flH4 cows to :»5 hulls (aviraiic ]U-r)), r>\{) u, ;)<» (avera^o 17), «7« to 51 (average Ifi-'J), on the whole an averaije of 17- 1, and this was very iipproximately the avera.L'c lliat similar couats elsewhere afterwards led us to. On the aOth July ("ohmel Murray, to-ether with .Mr. Lucas and me, eounted the ImreiuR then exi.sting on North Ifookeiy, and IoimkI -i'.'.'!, with ahoiil 100 iille hulls. Colonel Murray's statistics for the piwious vear -rive iOO harems and oO idle hulls. (Sell. Doc. I. -J? I. p.. '»7n.) Sfnroiir AlU. The rookery of Staraye Atil oe(iii>iis, like >ev( nd olliei-. u i/., at /apadnic and I'a.st Ridkerics on St. (Jcoiu'e Island), l!ie place when- i eotupaialivel ■ levtd shore merges into ■A line of eliflii. The hevellid eiid el ;lie hi^dier niociid in such c.:'-es furnishes ! uiadiial .lope upon which the h-ody ol seals exteial- In a couMderahle elevatio'i. At Staiave .\!il a liilfli jirecii l.iii-side slopes in --emi-i .ii iilar form to a sliinuiy Iract laciim- northward. In a liollew liL'twcen is a small lake, the iestm;;-p'..iee of iimumcr.ihle l\itti\\ake>-. " V'uui ilie western point of the hay the eoa>( heiids at a >liarp an^Ie soiith-v\esi'vard, .i: d el inuis to a line of clilln. precipiioim, inacee'.;>ilile, aed iinappi-oachalde. The siiarp ascetuiimj suinniit-liDC of the heujnnini; ol the cliffs forms the houndary of the hollow. The main rookery facf.'S north-west, ix ciipyiii); the hordei of the slope towards the edge of the precipice, to about half-way up. On the front of the ^recn liiil-side, two thick patches of wild ccl';ry {(iiujrlicd) form a conspieuous land-mavl;, and aromid these and below them is visiuie the outline of the old haulini;-L:rouiid. Ie>s 'ii,>liiiet than in the photographs of l>*ff'J. On the •'^Oth July a cuiisiilerahlc body of hacliclors was mcu hiuh on the hill above the ill. in rooI) and mine No. I (7th July, IHitH) or No. «!) (.'lOlli July) >hows clearly eno'ui,di that no i'(>iispiei;oiis chanue had taken place ii! flu; rookery within a twelvemonth, while a loinparisoii of the last two, taken at an interval of three weck> shows that in the course of the i.easoi' the rookery had spread somewhat further ii]) the hill ami somewhat further lioiii tile edt;e of the elill'. In this rookery C-'olonel Aliiiiay counti'd, in my preMuce and Mr. Lucas's, on the IIOlli .luly, seventy-five harem-, and >eveiifv-livr idle liulls. Mis statistics for IH')r» L'ive s:\tv hareuih and forlv idle hulls. Zfili.tilii"- (Si, firnrrii'). This rookery occupies llie soulhein half of a wide hay on tin' ., hut the first paU'li Heenipd to !iie somcwlint more elongated tiloiijt; the siiorc in a iiortiu!rly direction. At tliiH dato the region close to the water was in l)oth |)hot()^ra|)ll.4 ahnost unoccupied, and in neither ease did tiic harems rise ii|i above tlie slopinfj tract to tlie level o( the hi|;her ground. They bad to some extent spread out backwards l)y tiic time of our second visit on the Ist August. The south end ol" the rookery is of greater extent and much more populous. It commences wlierc the level ground meets the clifl's. The harems ascend the slopi-, on which a broad shelf or "bench" gives u convenient habitation for many, and a small nuniiier ol harems run along the l)each for a short distance below the first stretch oi aRceiidini; cliff's. Itcferencc both to the nuip and the photographs tends to show timt thi> rookery Ims diminished in recent years. We nuist make some allowance for the fuel timt onr lir.-l iiliotogniphs of this year were taken (Utb July) befoi-e the spreading nf thr rookery liad beaun, ami that my seecml series were n)ade (1st .AuLcust) when many ciiws iiad 111 ;;uii to go to sea ; but, nevertheless, it is evident that Mr. Townscnd's photoi.'rii|ihs Nos. ,'l!) and 40 (18th .hdy, 18!)5) depict a larger body of seals, both on the slope oi' tlie bill and in the distant |)atehes of the rookery, than (io my corresponding ones. No.].', (lltli July) and No. !I8 (Ist August). .NJr. Macoun's photograph No. 50 of the •-'Mill July. 1H)»'J. shows also a decidedly larger mass of seals on th(! slope of the hill tliiui do Mr. Towhsend's pictures of IH*).'). This redndion of numbers on Zapadnie is, I iluDk, unmistakable, and it deservi^ i,, be pointed out that there seemed to be no |partieulitr circumstances attendii)-; oui iiispK'lion of Ibis rookery, no special facilities fur our closi- examination of it. sii'.ii i^ mivlit account for a 'li'crcase bi'ing here more easily demonstrated I bun on otlie- rookeiiis where \M' failed to observe if. On till- other bi.nd. while liie phototraplis undoubtedly Jjive indications ol diminution, its e.Ment nmsi noi be c.Nairgerated. On comparing my photographs abovi- ipioled of the 1 1th .Jidy and 1st iVugust, we see that on the slope of the hill there weiv liir fewer seals present at the iaiter than at the former date, while a very large nundur lev eoniircgated In low iheelill, In tins latter silnation there appeared to me to be at lest l.liUO pups, 'i'lie day was exce|)tionally bright and warm, ami I thiidv the rookery «mis in part deserted. Moreover. (Jolonel .Murray's actual count gives us for 189(i ISl' harenw and llXt idle bulls, against 11(1 and .')() respectively for 1S!I'>. Kor this reason I can liiv little stress on the apparent indications of decrease since last year, although I think that in the longer interval since the taking of Mr. Macoun's photograph of the 'i'.tth July, 189li, the diminution in this particular locality is distinct and considerable. Knst liookfii/. Kast Rookery lies along a convex shore near the extreme enti of the north side oi thr i-land. !n the eastern portion of the rookery, as at Zapadnie an|un part of the tract, on whii h are lour or five patches of seals, is divided by a small point and terminated by anollnr. A little lake intervenes between the first point and the >lo|iiii. bill. On tiie roiiiib tiiee of the latter, as at Staraye Alii, is the main body of seals, thinly scattered and not nearly covering the whole b'ce of the hill. On Ibi- portion and on thr beach belov are about sixty bulls with liareins. On the more inland portion ol the siopr ;ni(l iiroimrl and behiitd the little lake, are congreiiatcd the baebelors. On the shore in Iront of t!ie lake, and auain between the two western points, are colonic; of sea-lions, thr first including about l.'Jl individuals, ihe others much sinuller. Siill further to thf westward is yet another point occupied by sea-lions; and between this and the former one, will up beyond the beach, arc bands of bachelors. On the b(;icb between the lake iiiid llie first point were about twenty harems, b('tv^tfn till' two points tbirty-tbrce, and below the elitl's to the eastward of where our joint count bcL'an -Mr, l.ucas counted nineteen. Utile Kant Rnokery. This liUle rtmkcrv occupies a rough stictch of vciy rocky shore, about 400 to ."iOn yards wtst ol Kast K<»okerv. We lonnd it to coniani forty bulls with harems. In the care of the sm.||| mokeiy of Little I'last, tiie pbotograjilis give an adcipnilc pietnie of the breeding betd, I llnnk that a com|)ariH(jn of Mr. 'rowiiseml's piiotograph No. t!* e somcwiiat mort, gion close to the J tlic iian-iiis risu id to soiiio extent )re populous, (t ;nd the blopc, on mny, and a small 10 first Ktretcli oi to show timt this lor tliL' fiict ilint spvcudiiij? of till' when many ciiwv cnd'x photoi;ni|ih» the slope? of the [liiia; ones, No. i.', 1 No. 50 of til,. ic of llic hill tliiir ind it (Icscivts t(, L'es altt'iidiiii; om ;ioii ot it. sii'.ii iiv 1)11 othr" fookcrics indications oi' ,i ihoto^raphs aliovr he iiill then' wciv ' large mniilui' icv Die to he at iciM he rookcrv vmis in 181)(J 1SJ hamns is reason I can lnv lough [ think lliai )f the 'Jltth .liilv, le. north side oi the lyc .\til, the low. itteieil ii|)(in tlir llfls. Tlic n|](ii hy a sniiill |iiiiii' and the >l(i|iiii. y of seals, tliinly rtioii and on tl.c lion ol till' ^liipr On the j-liiiir 111 of sea-lion^, tlir lurther to ll.i the (briiuT iiiif, harems, hctwcin e our joint coiim (IHth .July, I8}t.i) with mine No. 2 (Uth July, 1896) or No. 84 (29th July, 1H90) shows very clearly tliut the niokcry was at least as w«'ll filled last year as the year before. TakiPi,' Ivist and f.ittle Kn«t to-ietlier. Colonel Murrav eonnted (1st August, |H96) 17r) idle hulls that is to miv, .ilimit as inanv harems as at Zapadnic and hut halt' as many idle hulls. His fi-ruics (or last year ^-ive' 10.') harems CKast 80, Little Kiist •-';•) and «(» imes exceeded mine hv a unit or two, showing tliiit he had every here and there detected a harem which had escaped my eye.) In the tollowini,' tahh of statistics irom St. (ieoige Island, I have set side hy side the results f this year with those ol last. For this year we have the c-ount of harems (and idle hull! made hy Colonel Mnrriiy in company with Mr. Lucas and myself. The mimher ol cows is estimated, first, on the liasi^ of ITA cows to the average visihic harems; gfcondly, plus the a(hlition of 7.'» per cent, deduced trom our count of pups on Ketavic, »n(i elsewhere, which count showed to that extent a larijcr luimber of pups than of cows present at anyone time (ridr Infra, pp. <», 10). For I «!).') we have, firstly, Colonel Murray's similar count of hulls and of harems, which he then made out to he over 13 per cent, less nmncrous than last year; the cows he estimated al -40 to a harem, as ii};ninst our extreme corrected estimate of M)'! (\7-',\ X ,'„'*„), urvcrthclos producing a total, •'{;■) per cent hehiw that accepted lor this year hy the Aineiicaii Commissioners and hy ourselves. Lastly, we have for lH<)j tin rouiili i-stiiinte hascd on average of .Vlcssrs. 'frue and Townsend, who place the mniiher of cows at over .').'» per cent, less than the miniher admitted to exist this year; and the fad that, acconlin- to the^c uentlemen, the nniiiher of hulls was comparatively liidi (only H'» per cent, helow our own), is not of equal iinportaiie;, lor their estimate was hased primarily mi the cows, and the hulls were not counted at all. Statistics lor St. (ie(uge Island, I HUo-Wfi. ls!i;i, ,. , ('oloiu'I Miirniv. HiiokiTy. Mt'SHr*. Tru«* anil 'riiwii-.i-iHl. Iluriiiii.. Cow«. ihOi. roloiii-l Mitrrajr. Or. JonUii. lluniii.. Idio Hull,. ^"'*" lit Hi, Il'i I'liiti, iiiii-uuii.. ..^-rj. Com + 75 (HT ti'iit. 1 ! Nnrtli .. .. 100 10 4,000 Slunyi'Alil .. liO ;>J '.i.lllll ZaHnir.. .. 110 AO 4.400 YMt .. ., SO 40 3,200 l.itil' Ka^l . 25 20 I.UOO 1 I7.'> 2.H00 H7 l,;i9H 174 2,7Hfi 92 ' 1,476 33 ' 527 22,'> 75 182 135 44 100 3,H'JI 7.% 1.297 100 3,1 IH 1 .. 2.335 1 ■'•' 7bl ri.809 2,2(>9 5,.'iUH 4,088 I.MI TaUli .. 375 200 . |3.illlii riGO H.9H7 061 335 11,432 1 20,003 1 ihout 400 to :iw ems. adeiiualc piilirc olograph -Nu. l'.' I do n )t in tliis case, nor in other similar cases, in the seipiel, (piotc my friends, Mi'SMs. Tnic and To'viiscnd, with the least inlMition of imputing inaccuracy to their ohni vatioiis. On the contrary, I shall take pains to show in anotiier placr that we have liiniile indications of the care and acciiricy with which their estimate was made, according to their upporttinities and the knowleili^e enrreiil in llien time. It is Dr. Jordan's own (iiscovery of the (iict that, no emimeiatioii of cows, cvjii al thr ' li if^lit of the season," tiiines within 7") per cent, of the aelual mnnher appert.uning to the lookeiy, that has thrown a ne>v light u|ioii the (picstioii and shown ns that such numerical i>stin>.ates as tlios'.' of Messrs. True an.l Townsend were utterly misleadini;, in sp'te ot all their care and truth and aceiiiacy. I do not claim the r^ght to diaw from these diseivpani figures any positive evidence of an actual inciease ol the herd on St (Jeorire's Island hetweeii the seasons of IH!).') and iMt'i, or at least any accurate measure of sut^li an apparent increase, lint, on the other h.iiiil, it is aininilantly cuar that we have no evidence al all to-sliow a decrease during that period, and luitlier that the ttate of the herd upon the island is at least very much better than it. was helievcil to he on the authority of the American Agents of ItJOS. [4((7j ^ . 1 1 :'iif^ii hil .♦, n Ht. Paul Island. Ketavir. Till- looi.trv uf Kftavit* lifsoii tin- chMi'Iii Hule, iieur the south ciui of St. I'lml \A-a\v\ on the opposite side to, hut within ii short walk «it', the village. it runs alonu; tlio Kliore for nearly a mile of coast-line, hcuinnin^ some ^{00 yards from Ketavie I'oint, aioii;' |||(> northern shore of ii crcsccnl-shnpeil bay. ami then extends ir./m Ketavie i'oint dm- nortli to another point forming an aititieial honndary between it and Lukannon, '\'\w tirn portion south of the point oeeiipies n sleep lieiieli, shingly and rocky. 'I'lie iiortlu'rii portion euntiists of ^trai^ht stretches interrupted hy small coves or hays, of whicn ilic la»t one is next to i.ukaimon, and forms a natural i>iiipliitheatre. Close to the water's edi^t' the sliore consists ol an entablature of cohimnar basalt, aliuve which a sheUiii;: skpe, ;;i-aviHv and stony, leads with or without bolder interruptions to the level uroutid above. 'I'liecliid' lianlm^-^'i'ouiid iie> near the south emi ot the rookery, and is approached from seaward m the iieiffhhourbood ol Ketavie l*oii<.t. Tiie rookery aHoids peculiar tacilitiis lor ,■\^\^^^• inspection, and the counts made upon it are of particular importance. Wc visited Ketavie tor the tirst time on tlie 18th July. In the little ampliitbiiilrc. shaped hay already mentioned I then counted '>(>() cows, and Dr. StejneffCi, eouiiiiiii; iiulependently. miide out .'tOI. Takiim the hay and a little tract adioiiiiii}>:, I ((iiiiiitii thirty-five harems with from I cow to H() (tbe next lai^est beiiu; 7 ■, and the next r):VMiii(i with a total nuinber oi 7^1. i;ivin iifcxt portion, which consists ut a broken terrace ol columnar hasall, wiili • narrow sandy acclivity heiiiiid, I lound the fir^t Iweiity-tivc harems lo iiielude .'!l.'i cnwi (I to ')(i), Kiviiig an average of !.')•.'. The lurther counts made on this occasion iiec,| i|„t be recapitulated. They were not complete, and only i;ive an idea of the averane >ize ui the harems. .My pbotc^rapli of tbe midnle portion ol Ketavie, lookitiK towards Ketavie i'ljint (No. I(>, I-'Ub .liilv, IH'id), eoiiw'ides in iiosition with that of .Mr. .Macouii (.Nd. |i;, S-'jlh .Inly. IhOJ) and that of .Mr. 'I'owiisend (No. II, 'iOth .li.'y, IHU.")). | cannot detiTt any appreciable diHirencc in the number of seals represcnt"d in the three. The small bay already twice alluded lo is beautilully jihotOfjiaph No. I.'i CJOth July, IMO.'i), and is also very clearly portrayed in my No. 15 (\M\\ July, IN.KJ). It sceuis to me that there arc actmdly considerably more seals tiniirol in the latter picture. However, I do not wish to press this point too much, for it iiiav lie that at the !alcr(lale a lar.i:cr numherof cow.-< were tecdiiit; atsea. Hut, on the other liiuiil, Mr. Townsend's photoi;raph does not show any fjreat |>ic|i()nd(!iancc of pups, and at l!'- date when it was taken ihc older temales have not, as a matter of fact, betaken tliemscivvs in lar^e pro|)orlion to the water. My companion picture ^No. llli), taken on the 8th August, I80(), hIiows, however, that by that time a partial exodus has taken place, ami the spot i< black with a crowd consisting almost wholly of pups grouped around the Imlls. Moreover, the phototpapli at tliis last date .shows the rookery dispersed much higlier ii|i the a.sceiit,the e.uiier pbotonraphs — mine and Mr. Townsend's — alike showiiij; the rookcrv in its tai'lier, more restricted condition. Whctlur or not tbere be any reasonable grounds for suspecting an increase, I hid perfectly certain in my own mind that there is no evidence at all of recent diminuiion in this rookery. On the same d.ilc (iHtb July) of our tirst visit Colonel .Murray counted I'M) Imieiih and 100 idle hulls (according lotlie list communicated to mc by him on the 7th 8cpteiiilier). At the average r;ite adopted by us ot ir.'i cows to u harem at this period, that nuinlxr would j;ivc .'I,'-'!? cows. The (iguies adopted by Dr. Jordan (IVeliininury Ucp )it, p. 1(1) show IS2 h.iiems, and (at the same average) .'i,l.''>*J cows, an unimportant dilleiencc. In I H'J.'t Colonel .Murray set tlu! total at '2iiO bait ins ami .'lU idle hulls. It was in this rookery, alter iiolieiiig ibe iipparently disproportionate nuiiiber of pups, that Dr. Jordan initiated the crucial txpeiimrtitnl coiiiilin;; tbe latter. Tiic couiil of living pups on Ketavie was pertovmed on tbe l.'lli August, and sluwed the surptisiii.' number ol 0,010. 'I'liis figure represents an incrcise of !M per cent, over what we had at (ik-t>t believed to exist on the basis of Dr. Jordan's entire csliinatc, or of t)H per rent, on the basis of Colonel Murray's. Nolr. — Dr. Jordan's ligureu for the other rookeries are calculated hy adding 7;') ;iir rent, to those furnished by the count >f harems in the earlier part of the season alter lull* allow III!.', i'h was tliei) done, 17'.'l cows (o a U-.m-vw. 'I'Uv .(lid louiil iiiude iipnn Kc(;ivii' wmild.iK is ahiivc sliown. permit, tlic additiim of '.ill per cent, ii.tlicr tliiiii 7.'» per cent., and, iiiilcrd, Dr. Jordan liinisrir spraks (IV.Iiminarv lUpoil, p. 'iO) of the immlicr nl pups on liny nxdxcry lu'iii'; m-arly doiililc i\w ^jrc.ilrst ninnlicr nf cows counted upon it lit any one time. 'I'll'' l<>«i'i fi:iurr is adopted on tlu; ground ol a lower result oliiained on l.iif,'ooi) Rookery and tin; Keel' of /iapadnie. \Vc may ikhv sum tv) the stal«;nient« made iWr tliis year and last as to the number o Iciiiu'e seals oil Ketavie. Mr. True (Sen. Doe. I.'<7. I'art II. p. 101. IS'uri .^iv... as t!ie iv.ult of an actual eouiit iiiiiil,. Iictweeii the Sth and JOtli July, Is'.!.-,, i, i,,tid uuiuhcr of '_',(i Id. In the same year Colonel Murray estiinafed the nuiuhcr at ''.(tOI), uHiiii; the verv hi^li nveiii'-'f of forty euws to a harem, llad he s, i the avcrai,'.- at tl.irtx . .1 uumher that woulil now sccui to he a more rcasonahle one. Iii> roult would liav. lalliiil almost exactly wit!i the (!,())!• that weri! this year demonstrated hy actual count of the pups; and if we add to Mr. True's actual count of L'.O II) the jnercaM' of !l| per cent, to which the eount of the {)ii|is now entitles us, we retudi the timiies uf r>,i)|-.» fur l.', a uuiid.cr which inav or not, ;is we please, he employed to iudieat<' a positive iiier mm- -iiice that time. It is noteworthy that this rookery ol Ketavie .neiucd to the u'entlenu'ii wh.i inspected It tive or six years ayo to present particularly verious indications t)l loss and dimiiiutioii. In luH Report for iHiiM (Sen. Doe. l.i", I'art II, p. (I, Is'.Ki) Mr. TowiiMiid .says: •'Kct.ivie, now the Ihiimest rookery on the ishuuls, shows a pereep'ilile deereise siiioe ]S\yj. 'riiis decrease is peiceptihle in some, if not all, of the |)hotoi;raplis tiC the rookery." And, aijain. in the tollowiiif' year, Mr. Townsend says (ilild.,]). I'J): ♦•This siiiiili and };ra(liially diminishinu' rookery, I hi lieve, slmws a slninkaire -inee la«t seas )n, liiit not a very marlved one." It may he remarked that in this List Report this was the only instance oa St. I'aul Island in which Mr. Towuseiid ciironicled a shrinkage since ilu; jircvious year. I,iil!(iniinii, l.nkannon Kookery is in leility, as has heen stated alieaciy, contiuu..us with Ketavie. It runs Ironi the end of the latter rocdiery alonu; hidf-a-mile or so of rocks shore, till the Kiiks eml in the sandy heai h that stretehes all the way to Half-way Point and I'olaviua Kdokery. The hanlin^-nround is at the northern cud, near the saii ly heiich. This loiii; siiidy hcaeh later on in the season, in late August and Septeinl)er, is thickly dotted with hulls from the adjacent rookeries, as aie the sands ofMiddle Hill and Knglish Hay on the other side of the island. The haulinl;-^ldun(l of Luk.iunon is said to he remarkahle for the lai'i;e proportion of yoinu,' males t!)at its diivcs furnish, and is spoken of on tlie islands as "tlu; riursery " in eoiiseniience. The photof;ia|)hs (Maecuin's No. tli .liiK, ami No. 1 1!), 8th Au'.'ust, \hW,) Mv on dit'erent scales and tor the iiu)sr, part from dillereiit points ot' view, ami hence do 111)1 i.'ive us Very much inlonuatioii as to the irlative states nf the rookery; hut, so lap as tluy can he compared, my No. 11!', when regarded toLjethcr with those of the e.iilier years, shows no pcieeiitihle decrease. It struck me on our first visit (I'lth .Inly) ih.it idle hulls were vi ry numerous here at lliiit time, and that the harems wi're, on tlu' aveiaue, of laru'i' >ize. At a eoiivi'nient point III tlie middle of the roid\eiv I loiiud the aiij.icent harems. II 111 iiuinlu r, to '■ontaiii i('>|ii'ttivelv -i-, I, '-'.''i, 17, t)<>, 17, fi, 7, 1;;, V), 'S2 rows, a tot.d (d 301.' aii'' an avera'.:e of-.'7-.'). The count aicepted iiv Dr. .lordau ^ivc-^ N7 harems for flu; rookiry, or 'JJii'\ cow ., :it the Usual a\crai;e ol 17 >, and -l.loil hreediii'.; cows, allowiiii; for an increas(! ot' 7.') per cent, on that numher. {'oloi.el .Murray (jave me lor the same rookery his eimut iiiiuie on the \'M\\ .liilv, which places the ludls and harems at "JO'), with idle hulls at ]'J.'i. I'lr iHlli"* C'oloiiil Murray phued the numhers at ;UlO harems and 'JOO idle hulls, hut it must he icimuduie72 cows for Lukannon Kookery. 'I RBfrJII Laijoon, This little rookerv occupies a shingly spit which >-tietches across from Tolstoi Hill nearly to tlie huihour, and bipurates the bav on which the harbour is situuteil from u I 107 J ■ ^ 10 broad, hIiiiIIow, miKldy lnt,'ooit. In stormy wcallior tlio waves breiik riijlil ncro«« du. ,. , on which the seals He. No sials arc (hiven from fiiissmnll lookery. iiv.eit,^. 100. Or. this rookery Messrs. True and 'I'ownsend ni.ide a eareliil eeiisns on tin- Idti; J^,, 1P().'», " passint; in front, ol' the rookery in a hoat, nsinu a low-jiowi r Hihi-ulii,.. ] Harems were separ.ited liere hy eonsi(leral)le inlcrvaU, and as tiie wliole rookcrv w.i. . plain view, there was no ohHtnck' to eonntmi;." The nnmliers tinis olituiiud >\, ^S'J harems and l,'.'()i eows. ('r)loni I Mm ray's lii'nres are in this instaner diHC-reiiaiii, he states the nmnher at oidv .''lO harems, witii no i(Me hulls. I laiiey that in thi^ paitieulai (Mse .Me^sis. 'I'rne and Tov send's eensu'. \\a« ■ more aeemate oC the two. iiiid lliiil Colonel Mnrray's was prohahly hased nn ,, .i,, . distant view. In !>,;,/, harem, and nl 'J()7 (an inerea-e ol (iD'.'S per ctnt.) as the actual si/col' liie avirn^c 1;,, estimated hy piip>. .Mr. Murray's estimate ol' the nmnher of harems in iH'.Ji) i, ,,, similar to I)r. J«)rdan'.s, viz., ll;'>, with 40 idle hinls. 'I'lie neneral results tli(jrli>rt- ., an inei'easc oC eows in si^lil over lliose witnessed hy .Mcs-rs. True ami Townsi .1 j • previous yiar, and a eonlirmalion hy the count of pep- oC the inadetjuaey ol' iiuv.: in>pe<1i()n of the eows to i;ive a full account ol the nnndicr apperlaihiii'^ to the luoL I he less perccnfaL'c ol pups to eows in si^dit than in the comit made on Kilu'.it . iu>tilicatiou li r ahatini; (lo 7'> pir cent.) Ilii' addition (HI per eent. on Ketavie) rii|u, to he ma'le to the averaije counts ol Cows. This rookcrv occupies the rocky jmrtion to the en.st and south of a ijrcat hay Ij,. . Hay) in the middle of the southern coast of the island. The hay is for the most paitNii. ai!d where its shore heconies roeky aii'ain to the westward we have the rookeries of (Jrm and Ix'sser Zapadnie. U M f Ul|. lA-sM-i ^.jii|iiiuiiie. At 'i'olstoi, to the southern ciid of the rookery, the seals occupy a roeky heacli hi;:li cliti's ov steep slopes (photograph 7.')), diHieult of inspection until as tin- sa-. adxanees it heconies po>sihle to penetrate into it. At the other end of the imi- towards the san;ls of Knulish Uav, the rocks he further hack from the shore (photn.? Nds. 40, 74, \-c.), and the seds are freely vi>ihle from the sands to tlu westward am i various stations on tiic lull ahoNc. Helween the rocks and the sea are sandy slriti;i.- he afterwards referred to in my aeeonnt of the dead pups. The chief hauliin;-i:io'jr, aluive this litter |iortion of Ilic niokcrv and on the more or less stony slojie ahovt !■ ii(lja'.( nt p(alion ni iaiylisli Hay. (Jtlier tract ■; (pholov:rapli No. 'W.i) in the mii' ..■ i,; i hay (Middle Hill) serve ;is haulinj^-nrounds lor this rookery ami Zapadnie. •My (ir>t photo;;rapli of Tolstoi was taken on the I25tli .Iidy. ^Vhile in the more roeky parts of the rookery to the southward the seals lie -cuv. in a manner •>imilar to llio-e on the other rookeries already deserihcd, at tiic i' extreuiity they lie in a dcn.si' mass (piioto!;rapii No. HI), cNfendinu' for some di-tain the hill at the extreme end of the rook 'ry, hid leavini,^ almost vacant the smooth, - interspace already alluded to. This rookcrv showed very markedly the chanite in m- and in extciit i f /roimd covered liv the seals at a later period in the >easoii. liy lit our second seiics of views were taken (Till A'nrust, photogiaph No. IdO), t! ■ > interspace was largely oeeiipii(i hy mmU. and hareins were dotted a.iionj; th r almost to the very top of the hill ; still Liter thrv rcacln il the rock at the very top. .Mr. Townseiid's vitws ot this rooLeiv arc particularly line and on a lariicr vmIi' ours. His photouiaph .\o. '_'•'> ("i'ltli .luiv, Ix',).)) would ajipear at tirsi si^lit to . iinadi lart;ir niimhci' of seals than ours ; hut it is taken at short iain,'e and tVoiii ; advantaireoiis locality. When we take it in eomiection with its eonijiaiiion |)ictuir N- and then compare the result with that ol'tliN vear, the apparent (iiirereiiee tends in . part to disappear. Messrs. Trill' and I'owiiscnd ^ive us no complete and sp'.'citic! estimate of the n. of seals ill this rookery for 1^!),'); hut Colonel .Murray places the iiiimher of hai , that year at 400, anifof idle hulls at •_'.-)(). !n l^^IKi (Kith .Inly) he estimated t!:c l.r; at il^T), and till' idle Imils at I'^U; hut Dr. .Jordan and his party found soinewlia! , .SH!) hareins on the main or nrrthern part of the roidicry and Ills more under iIr On the lalter portion of the ruokery the eoi\s were eonntiii and (onnd to nuniher l.ll'v avcraiie of l'i'S7 to a harem ; and the live pups were afltrwards counted to the iii.ni': ■'iNI i' ■■'■ i- ■' - , n ik n!,'Iit acrn« tlR.,,,,! •nsiis on till. Kniij^i, I lowir licM.-lii^, iiT wliulc I'ookcrv *ii. , s tlius (ditaiiuil i iiislaiicp ili-civ|iai,;, ,1 ^(•iHl's cciisim ,vas 'I J lalily t)iisf(l (III ;i ,|„.'| icoiin, walked over vy Hiiiiul I'Jd liui.ij if \-2'l\ (OWN '(»i7i/fir, J '.0 of tlif avcrniic ImreJ aiLMiis ill iH'Ji) I, ,,^| ill ii-iulis til, .-clort ;rr| ' ami Towiwi 111 ii, >!_, ia(li(|iiacy ol" aiiv «iii-n itainini; to tin- rook ■ iiiadi- on Kitmif . . on Ki'tavic) ri»|ui! -| of a !;reat liay ,l',i.. -I lor till- most |iiiii Ml, tlic rookciii's ol'div py a rocky hcacii uiif 1)11 until IK the H-i: v end of the io(ikr| the >*lioi'(' (phiitij.r.;, till we-lwanl ainM:;; ire sandy slnteiu.,' lief liaulii!u-i:i(,'ii stony slojie aliovi ; ') in tin.' mil' adnie. the soaU lie ^cat;.. seiihed, at tlic i' lor some di^tam lilt tlie sinootli. •; the fliaiii;e in mr. reason. l>v llic ' No. 10!)), 'tl.r V ted a.iiDn^ 111 • it the veiy top. OH a laru' r ^> i!' tii-t .si','lit to « laii^i- and tVoiii ., ^ ipaiiion pictuie Nc reieiiee teiuK :i' . stiiiiate of llif- II . iiuinlier of liai i estimated the li.ira| touml somewha! ,■ iiioic under the ( : id to numher I.;1'\kJ [•oiinteil to the lu.m il0H, pntg Ml increase of 77H ^ht cent, over tli(! original loiint of cot*», or an average , frt ID the count«-fl liarinn-.. 'Ihe jiaitial eoiint of the lookerv for \»''j:> ijivcn by fcT— Mf d (op. rit., p. :\')), "from the point («) the end of the «Jia>> lllufr," appniM jjaiB U Mwd mtki the one ahove alluded to as "under the elill's." For tlii-< areu Sir. Town* fndo«* 'J' hannis and l.o.'Mt cows, an average of KJOto a haiem. 'I'lies*- iiuiiibers are w^f/eam^*^^ iiiticul with those of Dr. .Ionian lor \^Wt. \ ' W\Sk wi' have thii.s no evidence to sliow a deeivase of the ruokerv thiiinj,' the |K'riod 34li-l6f y»l 't n»"*t in tins fU'^e he adiiiilted '.hat a eliuiii,'e is perce;)tible since the earlier Lflagnf^ "Me taken in IH'JI U-'. The ^leal mass ot seals, mostly luichelors, shown r r. ■ n _*^ ..>...>..,. .»...!. v.. •!•-. ilotl. \ .,......» 1.^111, . ..... 1 1 .1.: LPiTDUwsoo's photo^-raph ao. :ij ^I'.lth .\iij;ii»t, ''^'.(l), was lar iicyond anythin*,' we B» «• H* ^S"** ''•''* year, Old the rookeiy is, I tiiink, niidouhteilly more populons as ].';,-v!>tt*t^ «" M>- .Mat uiiu'^ phiitii:.:iapl,-. No-. 7<» .mil 71 (Mh .Aii^ijiiM, IH'J-J) an«l ,Vi».. J(l »«"«' -'2 l-lst Air^ust, ISil'i). The ca^e as reiiaiiN the lailielors diniinifhcs in jgarttaiin-, if il* importance does not altoi^ether vadisli, .vlicn we leniemlH-r the »m ill huttWr Lillnl upon the island iluiiii!;; IMIO, |S!M, and X^Wl, ai criiiiiiarei with the tu»!«T4a»n belore ami dnriiu' om inspection of l>*!Mi; .ml ,,, it'jjuids the hieedin; area*. ittatnu tA ibc jihotofjraphH ahove (pioted siiu.eits that the area- occupied ha^e sliittcd kiMsrllat litiK*. Tiie pictured aeein t i :iie to iiidieat that while the seaU exteiide i (.oi:- kiucnUr "c-Yond, they were less numerous immeiliately within, what is the preM;nt inaruiii i;lbrfwAct». Wr. Townsend liiiiiMlr alliule* to mk h achaiiiieiMid the pos-ihle reason- for : '11 ' he-t of the evideiiC' in haul, I am ipiite prepared to helieve that r,l»U(i RAjofccf y i* towards its noitheu e\tremily ei i-aiciMoly poorer than it was live XK/MKliiie [SI. I'liul). Tiii* Ui'iC ro.ikcr\ known ai-o as I'pper or (Snatii Zapadnie, fringes the rocky -.itju cilfCTiiiy ot Kiiulish Hay. 1 he i^round is low and inetfular, eoiisi-tinj; ot patihes I lodk. liait* ot lirokeii .stones, and intervening; spaces ol sand. The «e.ils occupy the Liuiri i« 4 *!*>«: of liom 1. .')(!() yano to a mile, and run l)aek\Nai(ls, followiii;; more or less IidkU' ihc twnlour of the irround. in loiin le-eiitniiil line- or aveniie«. Three of tlu;se k-riilrwil iiikcs >>c»<' the east end oi' the rookeiy, aie ediispieuoii- in |iii;.toi:raplis taken Villi the «:«f«tiovi of the airiacenl lookeiy of little /apadiiie. to the east. The rookery |i!iiaual«-» to the we-lward in a liii ; ol' dill's. The whole ana covercil hy seals is very large. 'llbt ji^v*i i*f. II? and irrei;ul.ii- distriliiiiion of the iook< r\ unile.- a hird's-eye i-lifiiwa o» the tump. uisoii ol iiln.io^iaphs ol lillle value. .*»(> I'.u, as lar as the plioto- .!i- JO, u»v phtitoijrapli No. ,Vi {','f\\\ .lily, Isihl; i(,mpaiev lavourah'y with T,»jj*tiMrs No. 10 (Jotli .Inly. l«!).'i) The only picture sho.xiti'.: e\iilence of a .1 .i.aSer ahutxiunce is .\li. .Macoiiii's .No. II \. |s;)j, whieli cover- the eastern i:1«jii«4^tho*«.- just :illii«led to ; hutv.hcnwe reiiispeet the mon- rei'ent pictures, we see 'm.lhvii'Ji tlx precise -pot \- liari'. t'iie adjacent uroniiil iiiiiiiediately to the west is thickly iliiib.ti'J. arjd ibe evidence ol the little urea h.v itself iie.u- no conclusiim. Ijnk ZaiKtiliiie occupies the -tony fioiit ol a kiioll ahout .'iHO yards KmL', separated loiu Gftalrr /apadnie hy a small sandy hay (Soiitii-\\e-t IJavt, into whicii runs a |fr:.iiJ.l ^mtii a lake. I'atchcs of snow ahove the hay and rookeiy lemaiu Ihroushout ■ • •; fT, and for:n a coiispieiioi.s landmark. The lookery is iom|iact in lorai and .kly pofml'iteil. ii>uiji IIbc Knoll of I-uwcr Zapaduie a si iliy iieacli extends eastward for alHiut Aii3d«l>> «he sai.ds of Kii},'lisli ll.iy, and aloiiu tlii- lieaeh are seaitered ci^lit or nine iiU\jt» '4 »«aU, which were spoken of eollectivjly last year as the " Keel ol Zapadnie." tiim jMULtsr are approximaicly identical with .Mr. Towuseiid's iharl of iliem tor 1>95; ^i!) a ten liny jntcli iiiiii' liately to the cast of Lower Zapadiiie hcim; still occupied, urij \Aih i*y a single ImI: .<"' cow. (It prohahly contained no more than a .-inule harcin I. j'irrx/a* tear.) For I'iSij Colonel .'•.. estimated the whole area of Zapadnie (including Lower iipadak and tlite - Reef ", t,. c .iitain .")()() haivms, wii!i IW idle hulls. In 1 896 (I6th my) lie pbad the nuir.'oer ul. o77 and -f-'l respcclivciy, assiiiiiini; 477 harem* and ;ilO jilt; iwlii to Greater Za^iadnie. TLe couoicTation made under IJr. .Ionian produced a result very considerably in tc» of th», \u., 583 harems for Chea'cer and 210 lor Lesser Zapadnie and 176 Dre tut tbe tUxi a total of 9t>9 in all. The cows were counted on Lesser Zapadnie 11671 ^2 ■ ' < >' . !;:i- IMAGE EVALUATION TEST TARGET (MT-3) A W \i 1.0 I.I |50 *^" 1 2.5 11-25 i 1.4 m !4 1.6 Hiotographic Sciences Corporation 23 WEST MA.;. : STREET WEBS ER,N.<. I4SSC (716) i,»7V-4503 ^^^>.1^ ^ ■^ % 1^ ^^■^ 12 and tl;e Reef to the nuiribtr of 2,400 and 2,2'n respective!}', and the pups on the Reof to tl)(; nnriiber of 3,862, sliovving on the latter hrceding-c;round 71 pci" cent, beyond the visil'.U- niitnber of cows. Pnlnri)Ui. This rookery, with its neighbour nr oiither, Little Polavina, lies half-way along tic rn>fcrn cw'it of tlie island, at the far end of the long sandy shore that stretches north- wfirds from Lukannon. In the centre of the rookery a long, low spit projects into tiic >ea, to the south of which are other low-lying, h;ili-submerged reef's. Op|)osite to these a rneky terrace fringes the shore, and above it lies a broad, bare ])lateaii, en which the seals congregate. At the south end of the rooUery the terrace is broken, and the accent i> gradual from tiie bearli. Reyond this ])oint tiie beach is narrower, and its cliRs liisrlier (thouiih not so iiin'h us to jirevent fre(|uent possibilities oi a.-cent or descent), and in lliese I'liffs are (bund s^cveral deej) recesses in tl;e columnar basalt (photograph No. .'')•')), eadi occupied by its group of harems, while other harems are scattered sparsely below the cliff's. The fiat, bare plateau extends the greater part of the way to Little Polavina, a distance of more than a mile, and about mid-way between th? two rookeries a convenient gully furnishes an ascent to it for the bachelors. The chief hauling-grounds are tiierefort' to the south of Polavina, where the sands end and the rocks begin, hall-way between the two rookeries, and again around the rookery of Little Polavina. Little Polavina itselt (photogiiiphs Nos, fjG, 57) is a small rookery surrounding the base of a small jutting point. The seals lie for the most part on stony level gmund, facing a low hillock above the sea. Of tlie rookeiy ot Polavina we have two vcrv exceilent photographs antecedent in date to our visit, viz., Mr. .Macoun's, ])anorama, 60, (il (bth August, 1892), and Mr. TownsendV No. ;; (2t)th .Inly, K*»D.')). In ^lr. Macoun's pictures taken later in the season, the seals sprti.d further back than in Mr. TciWnsend's, and tl.e aspect of the picture is alfeeted l)\ the different state of the tide, which in Mr. Macoun's nearly submerges the reefs ; but, nevertheless, comparison of the two is ])lain and simple, and I am quite unable to see any sign of diminution in the later view. Indeed, it seems to me that the later picture show:, actually more seals than the earlier. The evidence in regard to Pol,i\ina i,s vuy eo rookery deserves paitieular attention in the future, i^ .->.liiii..i ... ...,., .....^. ... ..^^,...0 .,,, reinspeetion of my ])liotographs Nos. 52, r»3 (23rd .July, l.'^OO), and Mr. Macoun's No. J 7 (irnh .lidy) and Nos. O!), 71 (2Hth .luly), that the rookery is less than the earlier photogra])hs show it to have been, but I saw nothing on the sjjot, and I can see nothing in tiu' photographic evidence to warrant Mr. Townsend's strong assertion {op. cif p. 31), that, comparing 18!).') with |s.;'4, the " main rookery, situated on a comjia- ratively level tract, is- shrioilten perhaps M per cent, in dimensions.'' nliicti'.ig, and the condition of the It seemed to n)e, and it seems on North-east Point. The great rookery of -North-east Point is by far the largest on the islands. It is grouped around the sides oj a ))eninsula commanded by Hutchinson's Hill, an eminence about 80 feet high. This hill lies towards the western side of the middle of the penmsula, and on the shore below it and up the slope extends the most densely jiojjulated portion of the rookerv. 'i he rookcrv begins on the west side of the narrow isthmus of tlu! peninsula on a rocky beach, and extends with a few slight interruptions to the extremity of North-east Point, a distance of about 2,.')00 to .'5,000 yards. About the middle of its length, where it skirts tlie hill, the ground is more sandy, and the space occupied by the seals is much broader than elsewhere. The chief hauling-grounds on the west side are just to the northward and southward of the hill. On the cast side the breeding-grounds are much less extensive. 0» this side, nearly opposite to Hutehinson's Hill, is a rock) cape about 2.")0 yards long, known as Sea- 1. ion Point. On its northern and .southern shores (photograjjhs N\)s. 42, 43) are small patches of Inrcms ; south of it, on the beach, is a more considerable one (photograph No. 44). A large rookery (photograph No. 41, Macoun's photograph No. 9U) lies alauit 300 to 400 yards north of it, and a long narrow strip fringes the ureater part of the shore between this las tnd North-east Point. The rookeries on the two sides of the peninsula arc now distinguished by Dr. .Jordan under the separate names of \ ostochni lor the larger western portion and Morjovi for the smaller part or parts on the east. The latter name is given in allusion to the once innuraerabli' waliuse» that have left their whitened bones in wiinesw of -i slaughter more ruthless thHii any that the seals have here ever hcen s'lhjccted to. When the store liousc on tlic i.-tliinus was l)uilt, it is siiid to have had iis sandy foundations paved with thousands of tuskless skulls. Colonics of sea-lions still c\i^t on Sea-Lion Point, on a smaller point midway between that and North-cast i'oint, hctwccn the two Datclies of seal rookery, and airain at one or two small points on the western side near the far end of the peninsula. The chief haulinfi-grounds of seals on the eastern side lie just beyond Sea-Lion Point (photo- graph No. 41) and around the rookery bevond. Many seals also haul out close to North- east I'oint itself. l-'roni .his j^reat rookery the seals are not driven all at once, hut usually from the west and east sides on consecutive days. As regards the eastern portion of the rookery, our photographs give good pictures of the large mass midway hetv.ecn Sea Lion I'oint and the far end. This is shovvn in Mr. Townsend's photograph No. 7 (24th .lulv, 1895), in Mr. Maeoun's Nos. 1 and 2 (2ind July), and No. 5i) (5th August, 1.">:J2\ aiid No. 18 (IGth July, 1896), and less well ill mine No. 11 (l.''i'i Julv, ]8!)0). There is no difl'crence whatsoever between the pictures of this ])ortion of the rookery taken in \S'.)j and i80(). (The little patch marked beyond the great one on Mr. 'J'ownsend's cliart of 1S9.'>, was stiil distinctly recognisable, though not shown in the photographs.) In j\Ir. Maeoun's pliotographs of 1892, the bachelor seals were very much more numerous, 'i'his fact, like the similar phenomenon already noticed at Tolstoi, may be simply due to the sniaU nui.iher kilkd at tliat time, but, to judge by the photograph, I fancy tiie rookery itself was then somewhat larger. On the western side of the rookery, looking from the top of Hutchinson's Hill, we have an enormous number of seals in direct view. With the older photographs m hand, it appeared to me at my first visit (IGth .fuly) impossible to doubt that a diminution oi' seals had taken place here since 1891-92, and wider intervals separated the seals from the hill, and, specially towards the south, the extent of this part of the I'ookery seemed curtailed. The broad stretch of sand here was almost bare where in the 1892 pliotographs it was thickly bestrewn. This impression still remains with me, but I am hound to say tiiat it was weakened, and my estimate of its extent diminished by my subsequent visits. The extent to which the "spreading" of the herd alters the appearance of this rookery as the summer advances is enormous. It was with etmplete astonishment that on the 9th August we found the breeding seals extending u|i to ilie topmost rocks on the western side of the hill, and surrounding the pliotographie station from which we had three weeks before viewed them at a distance. 'J'he ell'eet is shown in .Mr. Maeoun's photographs of the lOtli August. The early photograph on which my lirst impression of decrease has been based was that taken by Mr. Macouu on the 20111 August, 1892, a still later day allowing for still greater possibilities of extension. Between onr photographs of 189(5 aiul Mr. Townsend's Xo. (j (24th July, 1895) 1 can detect no perceptible difference. The counts o^' this rookery are not very satisiactory. For 189i> Colonel Murray estimated the harems (in round numbers) at 1,72.'); in lb9t) (18th July) he found 1,595. The census by Dr. .Jordan's party fell considerably below Colonel Murray's figures, giving only 97/) harems (or the western and 29 i for the ea!..cern side, a total of l,2f)8 for the whole rookery. I cannot help thinking some qualification or supplement is required to this estimate. It may be that the lunems were all on the average large, or it may be that the influx of younger cows added largely in the later part of the season to these numbers. For the numbers are certainly surprising ; inasmuch as they would make the rookery out to l;e only two and a-lialf times as large as Tolstoi and less than one-third larger than the whole of Zapadiiie, or, in other words, one-sixth smaller than the united rookeries at the two ends of English Bay ; and it is certain that the apparent size of North-east Point Rookery is greater than this, and that the yield of its killing-grounds is beyond the proportion of such an estimate. Reef liookenj.. This rookery encircles the southern peninsula of the island, as that of North-east Point surrouiuis the northern. The western side of the rookery is knov\n as Garbotch. The small bay to the south-west of the village has in its middle part a stretch of some 260 yards of'sandy beach, sloping upwards to some sandy dui"is, known as Zoltoi Sands. Behind the duiies the ground eonlinues to rise till it forms, on the eastern side of the isthmus, u precipitous clilf, beneath wPieh lie many baclielors and l;;ill-bulls. On the west side, facing tlie south half of the sands, is a stony ascent, on which and on the stones below the holloschikkie repose (|)hotograph No. 49). Beyond the sands the shore of the bay consists of a rough narrow beach, at first with low, rough grassv eliffs above, fuit! r on with a high bank of broken stones, and at tli t><^1t ./ s jH ¥■:/' mi P ■ 1 -1, . m^ It south extremity of the bay a long, higli, l)aix', ciudery acclivity, wliicli rises towards the "parade ground " or plateau. All along the hay (ioni Zoltoi Sands westwards are first scattered harems imder tlitj clifT, then more nnn\eroiis harems on the broad beacli below the stony ground, and lastly, on the lower portion of the great slope, a more numerous colony, running up here arid there in uaig lines to nearly half the height of the hill. I'eyond Carhotch, near, but to the west of the extreme point of the peninsula, is a rocky beach with an ascending sk>i)e, commanded from above by a jjarapet of rocks. This spot is known as the " Slide," and Dr. Jordan has accepted for it the Aleut name of Ardiguen (photograph No. (i'2 ; Maeoun's photograph No. 'Jfi, 2.")th July, 1892). This s|)ot was kept under close personal observation by Dr. .loidan, whosi; account of its (hiilv economy will be found on pp. j4-()1 of his preliminary Report. The cast side of the peninsula constitutes Hcef Rookery in liie stricter seiise. It consists of a broad rocky beach, on wliieh a nearly continuous band of liarems runs from the point to the isthmus. Towards the middle of the rookery are two -shallow land-locked ])ools of foul water, throu;:h which the bachelor seals llounder, or pass between them lo and from the extensive bauiiiig-ground beiiind .his portion of the rookery. The east j)ortion of the rookery does not extend so far tc the north as the west, stopping slioit at the isthmus, the eastern side of whicli is high and precipitous. Near the nortii ::nd oi the isthmus on the east, opposite Zoltoi Sands, and behind the dunes, is a small bay in which the bachelors haul out, and from the cliffs above which a close view of them mav he enjoyed unobserved (])hotograj)h No. oO). The greater part of tiie pcMiinsula proper is occupied by a smooth plateau, sl()|)iiiLi, gently to the east (photogra])h No. 71), known as the parade ground. It is now for tht' most part grassy, except near the western edge, where the seals ascend the slope of Garbotch to it in small ninnhers. Two Uiain and three smaller " jjinnaclcs " rise above the parade ground, and conunand the best views of the Eastcrr. Rookery. Ncitr the southern end of the istlnnus the ground is very rough and stony; near the southern end, by the dunes, it consists of loose-blown sand, a siiort stretch of which is l)y far the mo>t arduous part of the journey to the seals driven to the village. Ik'lween the dunes and the [larade ground, on tlie route of the drives, is an old killing-grounel, whose use is not recollected. On this ground seals ol all sizes appear to liave been slaughtered. 'J'he smooth slope of Garbotch is tiie part (S tlie rookery wbeie we might ex|)e{l the photographic evidence to be clearest, and v.heie we might hope to see most easily changes in the su|)erficial extent of the herd. As a matter of fiiet, however, it is in just such a place that the seasoi'al changes in area are so ciearly perceptible and so striking that they hopelessly confuse one's estimate of the changes that may liave takei' place from year to year. In M\. Macoun's photogr;i|>h N(j. •»() (20th .July) and in my Xo. 00 and (jl (24th July), the seals only fringe the lov.er portion of the slope, exce|)t at the far end, where a wedge-shaped mass lams up to about the uii7, Part I, j). .">.';, 18Uf)) "The breeding herd has been retlueed to such pi'oportions that they can now be counted with comparative accuracy. I made the count as follow s : — "St. Paul island. Breeding cows, 7S,()9(i ; bulls, 4,372. " St. George Island. Breeding cows, 21,240; bulls, l,lbO." 18 5 towai'ds the It is obvious here that the nuinbei' of cows is estimated by applying- to the number of liuUs an average of eighteen cows to each harem. One-lialf of these statistics arc as remarkable for tlieir agreement with Colonel Murray's for 1895 and ours for 189G as the other half arc for their complete discrejiancy. The number of bulls assigned to St. Paul Island (viz., 4,372) is very near that of Colonel Murray for 180.5 (viz., 4,('i-2')) and al)out identical with Dr. Jordan's for 18i)(5 (viz.. -^,.348). But Judge Crowley's enumeration for St. (Jeorge is tiirec times larger as regards the bulls than that of Colonel Munay for tlie sauie year 189o, and twice as big as Colonel Murray's for 1S9G. The result, on the other hand, of .ludgc Crowley's low estimate of eighteen cows to a harem is to bring out a munber of cows for St. (leorge approximately ei|ual to this year's, but to give to St. Paul for 189') only tl;ree-lifths of what we now holieve to exist there. ikfore passing fron. the later to the earlier numerical estimates, I would diaw attention to a passage on pj). 'JO, '21, of Dr. .lordau's nreliiniuary Report. Dr. Jordan says : — "Accepting the figures of last year, 70,4"jj cows on the rookeries would nicau an auuiieuate of lii.'?,24() breeding cows. To this imutber must be added 2.'>,000 to 40,000 virgin I'-year-olds and as many yearlings to (orm an estimate of the actual number of cows for 1S9.T. That the figures given by us for lM!)(i are slightly higher than those for 1895 does not mean an increase in numbers since 189.'), but simply an increase in the data on which an estimate may be made. Messrs. True and Townsend, for example, count 2,()40 cows on Kitovi Rookery. Tiiis count is the most important element in tlieir estimate by acreage. In this estimate, Kitovi is given credit for 'A'l per cent, of the total munber of seals (70,42.'i). This figure cannot be far from the truth. But the fact that, in 1890, in spite of some shrinkage, Kitovi shows (5,049 pups, demonstrates tiiat the figures based on counts made at the height of the season are far from complete: (),049 is ;i:' per cent, of 101,000." Now, passing over the apparent fact th;;t the phrase "in spite of some shrinkage" savours of a begging of the ([uestion, the one thing that this paragra})h appears to me to |)rove is the sur|)rising accuracy of Messrs. True and Townsend's estimate of :V| per cent. as the propoi'tion.ite value of Kctavie to the toial seal [)opulation of the islands. For if we take om- own count for 189() of o,ir/J cows visible on Kctavie at the heigiit of the season and nudtiply it first in the proportion of .'i'l' per cent., as Messrs. True and Townsend did, to find the total seal population of the islands, and then add 7 ') per cent, to the icsult, as Dr. Jordan has shown it is neei'ssary to do, we get the result of 147,01)0 for the breeding cows in tb(; rookeries for 1890, a surprisii\gly close approximate to the ] t:'>,071 that we actually found. In short, so far as it goes, the wliole count is decidedly opposed to any signs of either local or general decrease, and would strongly t(Mnpt ns to accept Messrs. Ti'ue and 'i'ownsend's estimate (as corrected by Dr. .lordan) ol 123,240 breeding-cows for the two islands in 189.') aj not far from correct. Eiirlirr Xinnrricdl li.stimftlrs. When it is so manifestly imjiossihle to reconcile the statements made or to realize the conditions that obtained so lately as 1^95, it is natural that earlier statements should lead us into still greater uncertaintiis and dithcultics. Hy far the most important of such early estimates is that of Mr. II. \V. Klliutt in 1872-74, an estimate rejjeatcd by him in 1890. (Cf. Rejiort on the Pribyloff Islands by 11. W. Elliott, Paris edition, !89", p. 9, el scq., and " Monograph of tlie Seal Islands," Census I'dition, !I881, }). IS, ct sp(j.) The essence of Mr. Elliott's computation lies in his belief that the numlier of seals is in direct ratio to the sujierficial extent of the rookery. His statement is exceedingly precise, and may be here quoted (Report, pp. 1.') and 10) : — "At the close of my investigation, during the first season of my labour on the grounds in 187!^, the fact became evident that the hrecilinic seals obeyed implioiily an iaiperalive and instinctive riatural law of distribution, a law leeoguized by each and every seal upon the rookeries, prompted hy a line consciousnos of necessity to its own well- Ij'jing. The breediiig-grounds oeeupinl by them were, tlierefore, invariabi\ covered hy the seals in exact ratio, greater or less as the area upon which they rested was laiger av suialler. They always covered tiie ground eveidy, never crowding in at one ])lace here to scatter out there, 'fhe seals lie just as thickly together where the rookery is boundless in its eligible area to their rear and unoceu|iied liy them as they do in the little strips uliicli are abruptly cut off and narrowed by rocky walls behind. Tor instance, on a rod i m •rs'. f> '.' #1 ■ < ■ ; ■• ' \, - .1' *■, , — I ■ ■ h I -■' ■ - 1 si Ifi of u'roiuid, iiiult'r tlii; face ol' bluft's wliicli licmini'il it in lo tlic hiiul trom tin; sea, there arc just ;\s mnny sc ils, no more aiul no lei's, as will be (nnnd on any other rod of Moivery-srouiul tliroiiirhout the whole li^t, prent and small, always exaetly so many seals, nnder any aiui all circumstances, to a <^\\i:n area of hreedin^-irrnnnd. There are just as many con>, bulls, and pups on a square rod at Nali S|,eel, near the village, where in 187^, all told, there were oiiiv 7,000 or 8,000, as tiiere are on anv square rod at North-east Point, wIrmv 1,000,000 of them con.^reiiate." "This tact being determined, it is evident that, just in proi)ortion as tho hreeduii;- grounds of the fur-seal on these islands expand or contract in area i'rom their |)rescnt dimensions, the seal will increase or diminish ii numinr. " The discovery, at the close of the season l.'^7"J, ol' this law of (!istri!)ution, tjave lue at once the clue I was searching' lor in order to take steps by which I could arrive at a sound conclusion as to the entire nuudier of seal herding on the island." Atter further discussing the case he says (on p. 18), "Taking all tliese points into consideration, as rliey aic features of fact, I quite safely calculate upon an average m' 2 S(juaro feet to every animal, big or little, on the l)recdinu;-grounds, as the initial point upon which to base and intelligent computation of the entire number of seals before us,' It is on this estimate that Mr. Klliott bases bis conqiutation of .3,030,000 seals of all age» on the breeding-grounds for the Island of St. Paul in 1872-74, and 10O,G7O for that ot St. George. I believe, after careful perusal of !Mr. Elliott's woik, that he maintains i)recisely the same position as to tlie number of seals on the ground in 1800. He states indeed that tiio bulls were fewer and wider apart, but also that tiio harems were immensely larger ; and tliough I do not quite understand the process of survey by which in the latter year lie arrived at an estimate oftl'o" average depth" of the rookery, yet, having done so, he certainly calculates its population a', the same ratio of one seal to 2 square feet. Now it is perfectly certain that no rookery last year, nor in the preceding year, ])resented to any observer so great a density. Where the dead bodies were lying almost as close as they could lie on the killing-ground at Polavina, they occupied an average space of 1-?A sijuare feet to each body [rf. Jordan, Preliminary Report, p. 20), and on Ardiguen Dr. .lordan measured the space occupied by a single harem of tbirty-tliree cows, and found, within the limits of a single harem, u space of S square feet for each seal {Inc. rif.) Not our of our observations and not one of our photographs shows on the more rocky rookeries a density (taking the harems collectively) near so great as this. The conformation of the ground and the interspersal of the boulders must at all times, as it does now, have prevented anything approaching to so uniformily compact a distribution of tiie seals, hut it is not necessary to do more »han cite tiie opinion of the American Commission of 189(i as expressed by Dr. .Jordan, who in arguing concerning Messrs. True and Townsend's estimate of il'S square feet to each seal on the most crowded rookeries (Report 1805), anl considering it e.vccssive, says (p. 20), " Where seals are massed on rookeries, the space occupied by each seal is more nearlv j'2 than "Jl'i sijuare I'eet," and further that tii,' 4G scjuare feet which Messrs. True and Townsend's estimate for the more rocky and les> densely populated localities is, is a matter of fact, doui)tless too low. "We cannot believe,'' Dr. Jordan also says (p. 19), "that even in the most favourable tiuujs the fur-seals wert' evenly crowded over the rookeries, and it is evident that as they grow fewer this .irrangenient tends t;) become more sparse, especially on rocky slopes and boulder-strewn beaches.'' I need not follow out in detail the deduction (hat such newer estimates involve in the numbers jiut forward by Mr. Elliott, but I may say that, taking Mr. Elliott's calculation of .".,l'.)ii.(!0() breeding seals on the lookeries of both islands in 187---7i, deducting from that numlier the 00,(M)(» hulls (Report, p. 00), and dividing the b; lance by (i (to give insli'ad m 2 feet for a seal the I'J feet that Dr. .lordan admits for each cow on the mosi crowded portion of Tolstoi, Preliminary Report, p. 18), we get the reduced nmnher of r)U),O0(), which is only about three and a half times as great as that which we know to exist now. The calculation is of no great importance, and in making it we admit far too much, iu particular that every part of every rookery was tiien as densely tilled as is the most crowded spot to-day. But however much these figures may be twisted and the case reargued, it is perfectly clear that Mr. Elliott's gigantic computation can never again be upheld as a reasonable statement of the numbers that once existed on the islands, or with which the present numbers ought to be compared. But if we refuse to admit Mr. Elliott's estimate of the seals, let us try to accept his ineasuremeut of areas. His surveys, he tells us (Report on the Pribyloft' Islands in 1800, Paris edition, 1893, p. 19), were made with all scientific precautions in 1872-74 by measured 17 hascline and azimuth compass, in 1S90 with a tine prismatic compass, and in 1H74 with the help of a trained topographer, Lieutenant Maynard. "There is no more ditficulty," lie says (p. 17), " in surveying these seal margins during this week or ten days (10-20) in July than there is in drawing sights along and around the curbs of a stone fence surrounding a field." He tells us that in 1890 there were 9,000, and in 1872 37,000 seals on Lagoon Rookery ; and as he estimates this number on his usual computation of 2 square feet for each, it follows that he is ascribing to that rooi(5 00 c C3 O o o OS a Ph u o o III s >■: xe fi X 1^ 1-. J CO X p: a ts a> ». O I'. -* © -^ ^ o i^ n « -r 1^ . *^ , •^ • '^ ^l • ■*. . C'l ffi — * rt — '"T, , s .ss^ • T • " • I-* ^ • rC • i.'i « ■^'' f 1 wX i-C iC •o" • ^ o >» ".-" -« -H M rj l-o ri C» ^ -^ MM 2 .5 .-J . .*f .5 iS 3 -r • ri • M • • n* • ^ 4 9 ^ M.'t'Wc^xoaO't'SffiCwcnnriX -. ^ .1 30 I'. ?i «o f -r -J '.■ o -f !-• ^4 r. 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There is but one bri-edin;; bull now upon the rookery -ground where tiicrc \\v\x fifteen in 1872; and the bulls of to-diiy arc nearly all old, and many positively impotent. 2. This decrease of virile male life on the breedini;-s;roimds onuses the normal ratio n\' Jirteen or twenty female to a niide, as in 1872-74, to reach the unnatural ratio ot tifty to even 100 females to an old and enfeebled male. 3. There is no appreciable number of young males left alive to-day on these '• haulin<; " or non-breeding grounds to take their place on the breeding-grounds, whioli are old enough for that purpose, or will be old enough, if not disturbed by man, even it left alone for the next five years. Not one of these statements (I atn not discussing the first clause) is true to-day. The bulls show no signs of senility or impotence ; they are not " inert and somnolent," as ^Ir. Klliot said two pages before. Mut they are in the highest degree active, vigorous, and iRllicose. Kvery rookery is surrounded by " idle " bulls, most of them to all oppearancc as robust and virile and lull-grown as their more fortunate brethren ; tnd from every drive are turned away a large proportion of younger ones to take their places in time. There is no "unnatural ratio" of fifty to 100 females to "an old and enfeebled male." The harems show an average of about seventeen females to u male, and though wc may bi'.vc to add to these some 75 per cent, more la circumstance of which Elliot kne\\ nothing) to allow for the greater number appertaining to the rookery than are ever visibl. at once, yet, if we add at the same time the number of bulls at first idle on the rookery, we shall get a ratio between cows and bulls that compares favourably 'vith Mr. I'.lliol'> description of the most prosperous period in the history of the herd. Mortal ill/ of Pups. In this important matter the labours of the past season have added very materially to our knowledge. On the 1st August, the date of the opening of IJehring S.;a to pelagic sealing, >i plump healthy pup was captured and placed in a box in tin; open air, in order to ascertain the period of death by starvation. The experiment was a necessarily cruel one, and was performed with great reluctance, but the importance of the in(]uiry was held to justify it. When captured, the pup weighed 12 lb; it died on the 15th August, its weight being then reduced to 9 lb. From the very beginning of our inspection we saw daily, as we watched fn)ni tlie verge of the rookeries, a dead pup here and there, and now and then one was drawn out by the aid of a long pole and submitted to dissection. By the 1st August, dead pups were conspicuous w herever we went. l.ntil near the end of the first week in August it was impossible to enter the rookeries, iind no more systematic investigation could be made. On the 5th August a regular pro- gress was made through the rookeries, and the dead pups were systematically counted under Dr. Jordan's lcade>ship. The count was completed for St. Paul Island on the 12th August, and un the Ifith and 17th August, a similar count was made on the Island of St. George by Mr. Lucas, Mr. Macoun, and Colonel Murray. The following are the resulting numbei-s of dead pups for each rookery on the two islands : — *# i St. Puul— Ki'tJivic, . . . . , Latioun . . [.iikaiinoii I'ol.^toi . . . . . . /.ipadiiic , . Little Z»])iidnit.' . . /apadnic reef , . , . Gorbatcli Ardiguen . . Reef .. Sen-Lion Rock , , Polarina , . Little Polavina . . . , Vostochni (Xorth-east Point, west) .Morjovi (North-east Point, east) Total , . 10(1 7X 20.") 1,895 :;,()0j 134 712 712 2 950 50 (535 47 1,808 48.5 10,u(llt ■21 ulitioii III' tlic St. neorgr — Nortli . . I.ittlr Kii-t Kil"! .. /apndtiii' Slariivn Ali 250 31 11 -J. Uni 1.3j Onml total U.iM". This very large airtfrei;atf is aclniittcl to consist fiitirelv of jjups for wliosf the same' statement in almost identical "oras Mr. True, in 1895 tiliid., op. 99, 100), saw a numl)er of dead pnpsdurinu iiis sojourn, but (lid not think that the total would exceed l.')0 tor all the St. Paul rookeries. He counted twenty-three dead pups on the 2nd .August on Ketavie, and at the north end of Tolstoi ho observed, on the 15th August, seventy in one small area, and about twenty-five more a little further .south. "The area referred to" [in the neighbourhood of w-hieh, about the same day of the month, we found 1,895] -'was occupied earlier in the season by a great mass of seals, and I regard the number of dead pups found here as representing the ordinary mortality of the young." Judge Crowley (Sen. Doe. 157, Part I, p. Hi) speaks of the tirst dead pup of the season appearing on the rookery breeding-grounds " in the latter part of August 1894." Colonel Murray, in his Report for 1894 as Special Agent of the United States' Treasury, says {ibid., p. 55) as follows : — " Another very important feature observed in our inspection of the rookeries in 189-1 was the absence of dead pups in the early part of August, for up to our leaving on the 8lh I had not seen a dead pup on the island, and the agent in charge, who was on St. Paul Island from June to the latter part of August, and who ke|)t a close watch for dead pups, tells me now that it was not till about the 20th August there was a dead pup to be seen, hut from that date to the close of the season, according to official communications received from the islands, the carcasses of dead pups, starved and emaciated, increased with appalling rapidity until 12,000 were encountered by the assistant agents." But it is not necessary to multiply such instances or quotations. It is plain that recent American observers have almost wholly overlooked the early mortality of pups from natural causes, and have attributed the whole mortality of the season to pelagic sealing. On the other hand, precisely the same phenomen that we witnessed was described in detail by the British Commissioners (Report, p. HI) from their observations in 1891, and again with still greater precision by Mr. .Macoun (Supplementary Report, p. 195) from his observations in 1 892. The Commissioners, " when visiting Tolstoi Rookery on the 29th .Tuly, observed, and called attention to several hundred dead pups, which lay scattered about in a limited area, on a smooth slope near the northern or inland end of the rookery-ground, and at some little distance from the shore." No dead pups caught their eye on St. George Island, and comparatively few on North-east Point, but at Polavina they found several hundred on the Ith August, and on the I9th August at Tolstoi, many more than had been there before. In short, broadly speaking, they saw what we have seen ; they found the mortality slight where we found it slight, and great where we found it great. Mr. Macoun, in 1892, investigated the matter with great care. On the 22nd July he counted, close around his camera at Polavina, 143 dead pups. On the 1 4th August he found about 4,000 at Tolstoi " on the same ground on which those seen last year (1891) were lying, but scattered over a larger area, and in much greater numbers." On North-east Point, on the 20th August, he saw, with a glass, at least 500 in the view from Hutchinson's Hill. All this took place in a year when no pelap;ic sealing was permitted in Behring Sea. ii'''-.* in =1 r - ■■■' i> ' ^ It is clear tlmt by our work ol lust Miinmoi llii'statomeiitsol' the UritiHli Commissioiieio, iind of Mr. Macoiin, arc amply corrohoratt'd. (■niise.s of Diiitii. Wliilr tliis first cDiiiit on St. Paul Islmid procTodi'd, about I 'iO bodios of pups wcic di>srct('d. Thr dissrcliou was in the ijn'ator lumduT of casis pi'rforuicd conjointly liy Mr. Lucas luiil myself. Tlio examination was a somewhat cursory one ; the bodies wcir rapidly opened on sohic convenient Htoni- on the rookery a:rouud, and the appearances noted ly congested; stomach empty. 14. Male \)U\), very thin; lungs deeply congested; stoniacli and rectum empty; intestines suffused with bile. In every one of these cases il seems to me safe to say that the pup was starved, [n the case of the pup starved for experiment, and dissected by Dr. Voss on the l.'ith August, the record of autopsy was as follows :— " Lungs small, ilaccid, deeply congested ; comparatively little blood in heart, and no clot; liver small, thin, and very dark; gall bladder full; much dark bile secretion in intestines ; kidneys small and dark ; both branches of uterus congested." The accumulation of tairy matter in the intestines, black with bile products, or perhaps with the pigments of oxtravasated blood, was found by us lo be a constant accom- paniment of starvation, and though our general knowledge of tlie symptoms of death by actual starvation is scanty, yet we are not without evidence of .i similar ))licnomenon in the human subject {cf.. Taylor's "Medical Jurisprudence,' edition ."?, vol. ii, p. 138). Suffusions of bile and a distended gall-bladder are still more familiar concomitants of death by starvation. I have preserved notes of eighty-one autopsies of pups, made mostly by Mr. Lucas i nd myself, son)e by myself alone, others by Ur. Jordan and Dr. Voss ; and of these eighty-one, nineteen are described as " emaciated and very thin," and six more as "thin." Nine showed the slimy or tarry black or greenish matter in the rectum, besides others w hich showed more or less conspicuous suffusions of bile. In some of these cases injuries had been received from the inmiediate effects of which tlie |)up died ; but in all, if starvation did not actually take place, it had at least been imminent. In my opinion, difficult as it may be to account for ihe fact, the deaths attributable \r, starvation, or that occur after a stage of emaciation ■!«'• been reached, are, even in the early season, before pelagic sealing can have produced its effect, very much nearer to 12 or 20 per cent, than to the 2 per cent, below which Dr. Jordan estimates them. Whatever may be the proportion of deaths from starvation in this early part of the .season, the buliv of the pups have undoubtedly met their death by accidental injuries, by being smothered in the sand, injured by bulls, and sometimes by drowning in the surf. We could detect no sign whatever of any disease of an epidemic kind. The following are the percentages of dead pups to the whole number born on the various rookeries as shown in the August count : — ::iM ^:;i■f^}f^'AM ••- 23 Gonuuissioiii'i), !8 of pups well' (1 coiijoiiilly liv tlic boilifs well' lie !i|)piiir;m(v> yiiiptonis iKilcd t ye. So tiir ii« ; early pcMiml ol ie tlic (lent 1 1 ol is, I think, till' (liiii III) u niiiltii ictiuiis iiiiulc at lie, but such us . Clark as they \ then :- iiiii lull of viry ?ply congested ; ctum contnined s small quantity rectum empty; rns starved. In lie Ifith August. n heart, and no ilu secretion in products, or onstant acconi- onis ot death by nomenon in the ii, p. 138). concomitants ot' )s, made mostly Dr. Voss ; ami ," and six moir in the rectum, >! jtfects of whicii at least been ths attributable ire, even in the nearer to 12 or irly part of the tal injuries, by ng in the surf. ir born on the AriliKiicn, . ,, Kctiivic .. S( n-I.i^iii UcicL /iipiiiliiin (ri'cf) . , Iill^llOII /ii|i.iiiiiii' (Little) . . I'oliiviiiii (Liltli') . . LukiiiiiiiJii, . ,, Uftf Nortli-i'imt I'oiiit (cint) „ (W('«l) riorbatch , . . . Pokvinu , . Tolntoi . . /npiidnio , . I'cr colli. 0';i (!■;; 0-6 7'7 i)-5 ia-1 Id-!) The fereut differences here tabulated i;o hand in hand in a way that is clear on the whole, if riol traceable in every single instunee, with broad ditferences in the natuie of tiie ground. The rocky rookeries show the least mortality; the stony beaches come next in order; tlu' larne rookeries of the I'ecfan.l North-east I'oiiit stand midway ; I'olavina, with its Hat, h vel expanse, stands iiii,'her. ami Tolstoi and Zapadiiie owe their pre-emiiienec to sandy iiiterspact.s iimoiii; the r(\k.-, so fatal to the pups that we eauu^ to speak of them as " dealii-traps." The pioiec!. of lumovin;;- these last sources oi danger by filling up llie sandy hollows with rocks und stones has been put forward by the Ainerieaii ('onimissioners. The scheme is a big one, and I iin lor myself inelined to think that the labour involved would bt very great indeed, and beyond the power of the islanders to accomplish. After the middle of August my journey to the Commander Islands a'ul oiliec aialters occupied my time, and i made no more autopsies. A. . dingly, 1 euu..ot speak from personal observation of the cause of death indicated by the '>i ■ ies of the dead pups later in the season. The MortaHty subsequent to Augw^' 5. The second count of the dead pups was postponed until the end of September, in order that tiic peiagic fishery might produce its full effect. This count was made for St. Pnnl Island by ^lessrs. Macoun and Clark, with the assistance of Judge Crowley, Colonel Murray, and Mr. Barrett-Hamilton, between the -8th September and the 1st October. The count on St. Ceorge Island was made on the (ith October by Mr. Barrett- Hamilton and Mr. James Judgi' on East and Little Kast Rookeries, and by Mr. Macoun and Mr. Clark on Zapadnie, Staraya Atil, and North Rookeries. The following is the complete result of the October count, the number found in August being deducted from those foniul in October, to give the number that had died in the interval, and an addition of '20 per cent, being made in the case of St. Paul Island to fuliy cover the possible loss by putrefaction and other causes between August and the 1st October : the addition is a liberal one : — I' t u Vv v Si !i( isl ics. — Hinnmmv, lU)okfr%'. Totnl Horn. St. l'*ui, 1hi (Ml. Kotnvio L\iknniioii , , l.n;;oon ., ,, 'I'lilsioi.. /a|i!i i,:ioo lot l.'.'OO 134 ' t;o;i 550 Oi M.HO'i 101 ;i'27 •i'j:l IS !»,N2 71'^ 1..S7H 1.1 fill 12(1 (i.VJ .1 78 70 s IflA'^B '.l.'iO •J,7.'<(! 1 .HJtO 300 , I.!t07 M) 281 •j;h 31 n.()7;i tsar. I.,'..-..-. O'iO 55 1.3«11 ■17 1 110 T2 22 a7,M8 1,808 ;i.3i3 , 1,525 320 7.773 18.0 050 •115 100 la.'t.oiM 10.:100 '.'o.;i:)i 10,022 1,627 • • 2,001 • • • • •• 1,527 • • 1 1 150 .. 13,700 •• r.,800 250 115 7 2,269 135 104 3 5,509 109 527 1 i.086 112 16 1 1,330 ;!1 Ki 1 20,O2.'t 730 807 .. 10 I, .•.40 fi ' in --IF' It will be observed that the losiilt for St. Georj^e Island is unsatisfactory, inasiniicli as on three of its rookeries fir less dead pups wore found on the second occasion than tlu' first. The blue foxes ap])ear to have devoured the carcasses wholesale, and only two untonehed bodies were found on tlie island. This destruction was most complete no Kast and Little Kast Rookeries, and just there I had noticed in the end of .luly tlir (special puuibcr ot foxes, some of whicli had their earths almost within the bounds of tin- rookery, St. (tcorsje may. therefore, be left otit of the calculation, unless we choose simply to ascribe to it an cslimatcd mortality in proportion to tiiat of St. Paul. The net result of the count for St. Paul is that, even were we prepared to admit tliol no other causes save pelagic sealing were at work after the ISlli August to lead to t lie death of pups, and even if we reckon all the "starving" pups as starved, and add beside^ the estimate of 'JD per cent, for loss or defects of ob.scrvation, we then should liave u lota! n.ortality to eharoe against the pelagic scaler a little more than ctjual to that which lias already taken place in the early part of the season from causes acknowledged to hv natural and apart from his asiency. We may wonder that this mortality is not more, considering that nearly 30,t)0l) seals (of all ages and both se.xes) were taken during the summer in Behring Sea ; but it is clear we cannot prove more nor any longer allege more And such mortality is a very different matter from what has of late years been asserted to take place. Dr. Jordan appears to charge in his preliminary Report the whole of this autumnal mortality, the whole loss of pups after the August count, to starvation, resulting from the operations of the pelagic sealers. I have no wish to dispute, nor have I any inclination tu "'■'"'^"^■"•"■"■ianiPiiiililli mm ice t Stni'vinif. ■1'.' H .-.1 ■1 l!ll l.-il :! \H n IM M n ,'100 4 ;ll ',5 a 'i'i r, 3'i!l lost 2 1,027 1 7 • • • • • • 7 a 4 4 I 1 m i.:)4(i clory, inasmii('!i tension tliaii tlu- L', and only two )st cotnplete on iMul of .July till' ic bounds ol' the nlcss wi' choose f>aui. I'd to adiiiit thill t to lead to tlic and add l)i'si(h"^ [)ul(l have a totnl ) that which has lovvledged to be lity is not move, aken during the iger allege moii'. been asserted to of this autumn!)! [•suiting from the mv inclination tu r !k, I ■i. I if i 'i : t ' % r^^ i -*' mi ■■ :M Bit > , - Jhjarejimn PERCENTAGE OF DEAD PUPS, AUGUST TO OCTOBER ON THE SEVERAL ROOKERIES OF ST PAUL ISLAND. m 16 10 § ^ § ^ ^ H N A •^ ^ '. ^s I ^ W ^ 4. -4 I IH Aj 10 REFERENCES Tlir rrohrrif.i U) Xvr-lfi mul West nrr- ippi'r-iente.fi by Blur dot,s. II 1.' II fif'uf/t fin/t' F.a.st n n i> tiff irk ilvt^. The red Jvlft f/idiMile thr r^u^irr mortriUty erufinn witJi (/ir lirfyituiififf vf Atufii-iil hsio .-^ifT msjj Fo.ie? IldiTiscn : Sous IJ'li o, llnHiiR Lhv(»*','C. w Per cent. 3 8 5 ;) 5 (i 7 s 2 10 •;> u 12 12 ;; 12 7 12 K doubt, tiiat to the death of the mother ;it sou a large part of tliis mortality is due, but that this is the entire aud sole cause is surely impossible to uiaintaiii after our expericiici' of the earlier mortality, which showed no signs of having ceased at the time we estimated it. Let us make, for comparison with the similar table previously given (p. 23), a table of the later mortality on the various rookeries expressed in percentage proportion of the dead pups to the whole number born, Tkrcentage J'roportion oi" Pups found Dead in tho September-October Count (after deduction ol: the whole number already counted in August) to the wbolo number born on the several llookcrics. Tolstoi .. Little Polttvina North-cast Point (west) /npadniu Reef .... North-east Point (east) Zapadnie . . . . , , Ketavie . . Lukannon Ardigucn.. Iteef Sea-Lion lloek Gorbatch ., ., ,. ,. ,, Lagoon . . Little Zapadnic . . . . . . . . . , . . . . i ;) • ;•, Polavinn .. .. .. .. .. .. .. .. l;!-s The contrast or comparison of these two tables is exceedingly interesting to me. We still have a wide discrepancy between the percentages on the ditterent rookeries wliere we should certainly be inclined to look for much closer agreement were a general and distant cause (such as the catch at sea) the only factor in operation. But the order of percentage is totally different from the preceding one. Differences in the nature of tlie i^round have now little effect or none ar all. Zapadnie and Zapadnie Reef come near together, as do Ketavie and Lukannon ; Ardiguen, Reef, Sea-Lion Rock, and Gorbatch are nearly identical one with another; Tolstoi, which stood all but at the bead, now stands at the bottom. It is curious to note that, will; the exception of Little Poiviiui, all the jookeries at the bottom of the list are on the north and west of the island, anti, with the exception of Little Zapadnie, all those at the top of the list arr rookeries on tiie south and east. I do not propose to explain all the points that an examination of the statistics suggests. But while I believe that there are sufficient discrepancies to indicate the presence of other factors in the case, yet it would, in my opinion, be useless to deny that the figures tend to corroborate the presumption that pela^'ic sealing is responsible for a large part of this autumnal mortality. The general result of our investigation accordingly is that pelagic sealing, instead of being the one and only cause of the whole mortality of pups upon the islands, is in fact responsible for an unknown but considerable fraction oi a fraction which is somewhat over one-half of the whole. If, moreover, we require further warning not to ascribe too large a coefficient to tlic influence of pelagic scaling on the aggregate mortality, we may tind it in a com- parison of the statistics for 18'.)5 and Isl)6. We have every reason to believe tiiat the count was made, for the Island of St. Paul at least, as conscientiously in the one year as in the other; the numbers are congruent for the rookeries severally as well as collectively. Yet we have evidence of only some i,()00 more dead pups in the former tlian in the latter vear, against a |)eia!:ic catcli in Bebring Sea greater (cf., United Stales' Treasury Doc, Xo. 1!).32, p. .37, 1897^ bv nearly 15,000. In 1895 the count of dead pups on the islands was made, once for all, in the days iannediately preceding the lOtb OctobL'r. The enumeration on St. Paul Island was evidently systematic and careful, and its results tally very closely with those of 1896. On'St. (ieorge Island the count is said to have been made by Mr. Ziebach, the agent in charge. Mr. Ziebach reports the finding of (i,()12 dead pups (where, in 1890, only 897 were obtained), a figure that would indicate a mortality of about one-third of all the pups born on the island. I can offer no explanation of this stupendous discrepancy. The following Table sums up the total mortalilv of pups reported from the two islands for 1895 and 1890. ::'ti !• i si ill [467J V 20 Comparative Statement of the Total Mortality ol" Pups in 1895 and 1890. Total St. Paul Island. Kookcry. 1 1895. 1896. llemarks. Kctiivie 857 (109 The tiijures for 1 895 are from l.tikaimoii . . 1.347 579 Sen. Doe. 137, Part II, Laj,;o()u 300 316 l)p. 30 and 37, 54th C.'oni^., I'olavina . . 1,970 1,074 1st Sess. (iorbatcli . . 1.514 1,950 /apadnic . . 5.231 5,415 Little Znpadiiit 381 , , Tolstoi 2,5(s2 2,449 Keel' 3,376 2,786 Sea-Lion Hock 361 284 Moi'th-east I'oiiit 4,017 4,2fi3 21,930 20,331 St. George Island. Rookery. 1895. 1896. j Remarks. Zapadnie , , North Staraya Ati! East Little Kast 2,083 1,559 1,131 986 253 527 \ 145 ' 194 1 15 1 10 Total 6,012 897 II ■ l!^ f-2 21 1«— ^ T — X ^ X o ^ .•: M c •# ^1 iQ Oi 1-^ O M w O M o n M >l 2l ^ Js »0 — ■ CO t!^ VD rt !-• -f •M ?l — VS ^ ^ 1 o a "5 E 3« Q i IZi 25 "-3 -^ 'il «^ o ^. Ch O ^ lO f QO O M ri M :r, 1^ r^ O CO M . O to ^1^ XI <-t « ?I C; — -^ M M« !■■ ^J -^ ta 'T IN ^'" ei" tC ^ M cT lO — V ?! <-"" -T w c« '"^ ^ irs X Ci -J rt -f •*• N M © C -^ •- «-* 1-1 rt O C% -N C'l !■« ^ o *■ kh r^ o» i.'i ?i I* — « rt : o X -r c- cr< i- eo iT to I'* fO ^t i."^ : « 1.^ CO i-: c '-^ c» -^ <— ^ M i-^ — ■^^r". W^'T — Wrt I- -< W M «S Oi © o o c» © ir: oo o ^ X M C »f^ N ■i" — mT ift N s © -^ = 2; .ft — I i^ « eO »rt eo © rt ^ © -"' m" o w ^ ;J u d;J C C C -J. M»-»©©ooeoo©r*i>»"»feox'aift'^'— '!N»-» • * X^'MCI0©Gi-^l-«C'e^C©eOX"T'Mifti— X I 3 ■»- + + + — <— i;^ X 1* © to M ■-»■ c* CO !>. rt «— CJ o -f *fl w ^n W ^ M X »^ rz ! g S '» ft « 1, i a . 5 S > a t o tt ~5 fen— - *-■; . ~ I- £ aj o ? 03 O &S ■- C ■• .5 c ■3 S-5 ^1 " 3 S -7 S £ £ &• S »N o s .2 !l«S ^? omm t beii liffs. 1^ w 2U o ** t a tby th arem, Tolsto II ga §^«g ^•§ rul c use 3 to Lag. 1! 2: «t^ « I'i^l 1.1 ring th IS here verage ofKe ■?! g 1 ij as ni ay's sed c nth 1%S% &s iS-a g S? *"— oT «- .S£ of S Colo possi actu «r. — ^ a - HI i"si •2 "2 1? a. Ii11 ms here . Fo 0W9, wh of pups ^•zS'^ count of hare »rded on p. estimate of c total number The is re< The The tedii The The rin e • j-t-**!"*"' 1 " Wt'' [4«7] F2 . 1 i'j M M i '* (111 «: A. J. 2S Thr Ihin-s. {>ii llio luoniing of tlu- IStli July, in coinpaiiy witli Dr. .Ionian, Judge (Jrowliy, C'aptiiiii MosiM- imd Lieutcimiit (lariftt of tlio " Allmtross," Dr. .Stcjnegcr, Mr. Lucas, and Mr. Clnrk, I wilncssal tlic (iitirr touduct of a drive IVoni Htel' UooIrcalci' ease with which I lie younger .seals travelled omi t'.ie{;ronnd tlian Iheir older and iieavier iirclhren ; and, lastly, tlieease witii whicij the herd travelled over the harder and rou-iher jjortions of tin- urouiid, compared with the lahonr involved in crossing a short stretch of sand al /oltoi. IWfure fraversinj; the latter, arduous, though apparently unimportant, part of the journey, the herd was allowed id rest and cool t()r 10 minutes. '!'he diU'ercnce was cpiite cnoni^n to show that tlistance ni itself is (within reasonahle limits) an unim|tortant cause of i'alif>ue and hardship compared with the ciiaracter of the ground traversed, and, Inithermore, that the ground windi seemed to the novice the most arduous was tar from lieing so, lor the seals cland)ered actively and with ease over great houlders and high angular masses of hrokeii rock, while they panted with fatigue over a level stretch of sanil. I could see ahsolutely nothing to find fault with in the drive. The route is tin most liitigning now made use of on the islands, but I lould discover no great hardsinp, and certainly no cruelty, involved. 'The scids certaiidy putled and blew, and sweated and steamed; they stopped every now and then to rest, and panted, a.s Dr. .Jordan says, "like dogs," hut a mon\enl after thoy went on again briskly. The signs of distress were less painful than [ have otteu witnessed in u tlock of slieup on a hot and dusty road, and I have seen drovers show less legard for the condoit of flieir sheep. No seal died or wa-. injured by the wav ; they came to the end of their journey all in good condition, and when the killing was over, those that were permitted to escape betook themselves straight and (juiekly to the sea. Wo left the vilhme at li A.M and the ihive conmieiieed innnedii.tcly thereafter at Zolloi .Sands. Tlie seals drivtn fiom there and from ti'.e bay o|)positc were guided by three meri straight to tiu' village kiihngground, where they waited till the drive was over, al.'out T) o'clock. It was .'? o'clock when ue reaciied the end of the reef, and the seals there were gathered togetiier and started on their way by lmlf-|)ast. About l,-"iOO seals were included in the drive and driven in two batches, one o! which reached the killing-ground about o o'clock, the other about a (piartcr to ti. On reaching the killing-ground they were first turned into the shallow lake by its siile and afterwards rounded up on the grass ; 1,1)1!) seals in all were driven u]) to the killing-ground ; of these, 8 1U were killed, and 1,070 rejected, r»'J2 as too small, and ;')4S as too large (according to my figures), besides the small number of still larger ones that were turned aw;iy in the course of the drive. The percentage killed on the ground was, tlierefore, only 44'."i of tiiose driven up. The killing was concludetl by about M) o'clock, an interval for breakfast intervening. A week hefori', on the !)th July, 1 had attended, not a whole drive, hut the last l.'ortion of one and the subse(|uent killing, at Zapadnie, St. George, and I append my notes made on the spot. Leaving the village at ."> .\..M., in company with .Mr. J. Judge and Colonel .Murray, wc arrived on the ground shortly hclore 7 .\.M. We found the pack of bachelor seals thai had been driven on the previous evening from the hauling-grounds gathered together on rising ground near the watchman's hut. We walked down the hill to another hut, used by the Company's otHcers, at a distance of about half-a-mile, or rather more, and were there met by the (.'ompany's a^cnt, Captain Daniel Webster. We had scarcely arrived there when the seals, driven by a couple ot ooys, arrived too, having covered the distance witii no sign of e.Ncrtion in less time than ourselves. The killing-gang consisted of nineteen men and lads, three of whom carried wooden clubs it feet long. The seals were kept back a couple of hundred yards from the shore, and allowed to come forwaifl in batches or packs to the killing-ground between the main batch and the sea. Ca;itain Webster, club in hand, pointed out to the men what seals in each pack were to be slaughtered. I counted in each batch the seals killed, and those rejected as too young or too old, as follows : — if I Wf Itcji (ted H% 1(10 Il.'jcotcil iis Old. loo Killed. Total. i 36 i fl * -s 53 IH ■1 i!(l 43 13 i 7 •JO 40 30 3 ■».) 65 13 14 10 36 31 10 1 7 48 38 I 13 43 7 4 I'J 33 16 A 11 35 16 « •Jl 43 30 . 1 l;! 44 17 ' 20 43 ;i;; •• 11 IV 265 64 >'2\ SSO Pciccntii-'f lulled, \0-'2. Tlie work of killing was completed at 8'iiO a.m. The nicii employed were clean, skilful, and vigorous. A single blow, or two at most, dispatched each seal, and I saw no failure of aim, even in the confused mass of seals tumbled pell-mell over one anotlier. Though two killings (of 57S and 3.33 respectively) had already taken place from this rookery this season, I saw no seal bearing marks of previous injury. They showed no signs of terror; the survivors of each batch made f|uiekly for the water, and were already swimming homeward as the next hatch were being slain. Of the nineteen men, two drove down the batches of seals and two did llie work of killing ; two younger lads went round plunging a knife into the heart of any seal that still l)rcathed, five (rippers) proceeded to slit the skins down the belly and around tlie neck and paws, after which the rest flayed the carcases. The work of skinning nearly kept pace with that of killing. I could not detect in the whole ])rocess cither intentional or accidental cruelty. After a short rest, we saw the skins placed in the salt-house, the tally taking place under the eye of the ('ompany's Agent and the Treasury Agent; 213 skins were tallied, my former count having been only approximate in the hurry of the killing operations. Kight skins were produced in addition, ar. those of seals killed in tlie preceding days iiy the watchmen for food. \\'lien I watched the killing, after the drive already described from the Reef, it seemed to me that if there was any difference at all between the operations on the two islands, the men of St. George were jjcrhaps the more skilful of the two. 1 noted that it seemed to mc that on St. Paul the animals were hit more on the nose and less on the back of the head, and that a second or a third blow was more often necessary. But though there may have been a num here and there less skilful than another, the operation on the whole was performed with very remarkable good order, dexterity, and speed ; and, both in respect to the driving and killing on the two islands, 1 at least have no recommendations to suggest for their improvement. . 1 afterwards attended a killing at Polavina, on the 23rd July. The gang here con- sisted of twenty-six men (five with clubs to kill) and four boys ; 585 seals were killed, and 344 released as young, and .313 as old. Two young seals were here accidentally injured ; of these one was killed a few minutes afterwards, and the other was found dead in the afternoon. Work was over by 8"45 a.m. The drive here is a rather long one, the killing-ground being fully a mile Irom the extreme part of the rookery, but the ground is level and easy ; the drive is lengthened in older to bring the killing-ground near to a small lake, where the seals are cooled off. I afterwards witnessed the last killings of the season, save for a small number killed later for food, on the 25th and 27th .July. The proceedings call for no further remark or description. The drive on the 25th July was a large and comprehensive one, seals being brought Irom Lukannon, Ketavie, Zolt'oi Sands, and the Reef; on ;'ne 27th July the chief drive was from Tolstoi and Middle Hill, afterwards from Lukannon. Although Lukannon had been driven so recently, there wcie said to be a remarkable number of good first-class skins ill this final drive from that rookery. This drive completed the season's caleh of 2o,S"12 for St. Paul Island. About sixty it ■'' .'I 80 killiible Reuis were turned uwuy, itiid a drive Iroiii /apudiiic that it had been intended to niuke was not ri'(iinre(l. Up to the previous weeU .'i.S.'iS skins had been taken on 8t. (ieori;e isl.uid, when Mr. Crowley arrani;cd that otlier .'K)0 should be taken, thiit beinj;, in C'a|)tain Webster's opinion, the utmost that eould be (h)nc. I append a Table showinj,' the proportion ot' seals killed ana released on tin: rookeries Irom the date of our arrival. various I'lMicrNTAGK of Seals Killed and Released at the sovemi I)rivo> w : I Zapadiiii'. St. (lc()if,'o IMimil, liily l> (D.W.T.)— llcjri'li'd us too youii^; . . , , Ittifclod lis toil 1)1(1 Killiil IViTciita^o . . . . . . . . Heel, .hilv 11 (P.W.T.)— lti'j('i'ti>(l iiM too yoiiii!; , , . . IJru'ctt'il lis too olil KilK-a l'oii'c-iitiif;i' .. ,. .. North-i'iisf Point, July l.i, M [Mv. .Vilam)— Id-iccti'd youiij; only Killod .. ■ .. 'I'ldsloi, July 1() (Mr. Adaui)— Iti'jictrd as too young , , . . . , Kojftti'd as t(".) old . . . . . , KiiK'd IVrCfiitajii' . . . . . . . , Noitli-inst Point, wi'st sido, July 21 (Mr. AdamH- Hcjci'tril as too yo'.in^; . . . K( jocti'd as too old , , Kilitd Pciiont.im' . . . , . . . . I'oluviiia, July 2.; (I'-^V.T.)— Hi'jooti'd us too youiin . . Ut'ji'otcd as t'-.o old . . . . . Kiili'd Pt'i'i'iuita^i' , . , . . . l.uknnnou, Ki-lavii-, and Keel', July 2.'i (D.W.T.)— Ri'ji'Ctfd as too youuj; . . Ki'ji'ctfd as too old . . . , . , Kiilfd I'l'ii'iMitam" . . . . , . . . ToKstoi ;;.,d Muldlf Hill, July 27 liojoctoil as t')o yiuini; . , ., Kcjeoti'd us too old . . , . . . Killed IVifoutage . . Norlli and Staraya Atil, July 13 (Mr. J. Jud>;c)— Killed Percoutaui" . . . . . . Kast, July 21 (Mr. JudH— Killt'il . . '. . , , , Pori'iutniic . . . . . . . . North and .Sturava Atil, Julv 24 (.Mr. Judge) — Killed ■ .. ;. .. !> rc'ont.iw . . . . 2li3 221 <11*8 522 5IH H4U 44*3 1,1 5!l 2,214 l,o;t8 27<) l.lliS . 47-2 8;i7 Sll S()8 • • a6'8 .•■44 .JlU .•)8.i •• 47*1 1,177 1,008 l.t-UU • • 42'7 137 457 4oO " 431 48'' • • 46-0 221 •• 27-0 308 17'0 Mr. Judge luither su|)])lied me with the following statistics of the percentage killed at the earlier drives on St. George Island. In these cases the percentage given is not the ri'sult of a close count, but is merely an approximation. Date. Kookery. Killed. I'lTceutagr killed. June 19 .. Kast ^ ^ &7t) 32 ., 21 .. Zapaduie . . • ■ 568 76 „ 20 .. North and Staravii Atil 999 72 „ 29 .. Kast , , 804 62 Julv 2 . . Znpndnic . . . , , 333 08 ,. .. North and l!>turnyu Atil , , 700 56 ,. < .. Kast ♦• 614 57 '^fm: ip :n n tin; vaiioiis 'riicKc iij^iirch, tlioufili not iiciirly so coinpkfc a- \vp ini^Iit \vi>li tiiom to be. aro iav( rtli(le>.s exceedingly instructive, and illustrnte it laiKe mnnber ot' u-eCul tiiitiis. in llic first place they show tliut a very considerable proportion ot males are rejected at every drive as too old lor killing, and that to this extent the system is not a ruthless one, hut leaves a liberal sui)ply for bret ding |)urpose.s. In some cases tiie animal taken is so little less than its neighbour which is left that the anuiteur can scarcely detect tlie dirterence, so inconspicuous is the incipient "wig" or growth of coarse hair over the withers which deterniines the rejection. In the second place, the falling percentages are a rough measure of the extent to which the successive drives exhaust, or fall siiort of exhau>fing, the available stock. In this instance the eonchision is inevitable that the drain upon the Island of St. (ie(irg(! was this year uuich nmie >ievere than that upon the I>land of St. Paul. .Vo/f. — It is unfortunate that no more exact statistics are available as to the proportion of bachelor seals killed to those released. A careful count of the numbers released was not made until we arrived upon the inlands, and the rough estimates furnisluMl lis for somi; ol" llu; earlier drives arc useless as a l)asis for calculation. It is clear that, if we may assunu! that the time intervening; between two successive drives is sufficient to allow of a thorough redistribution of the bachelor herd, and if the ease; be not rendered much mor'.' corn|)lex by a great diversity in habits, or in the date of arrival of the bachelors of difi'ercnt ages, then we ought to possess in the falling percentage of " killable" bachelors in the successive drives a means of estimating approximately the total number ot the bachelor herd for each lookcry. My colleague, Dr. John McCowan, lias furnished me with the following solution of this problem :— Let m bo the rntio of killod to spared in tlic joonnd drive, nnd » tho lil

    •• 1 ;! Ill o4 1 1 1 ■Hi .^■1 253 nh 1 .ifi 1 - 3"H 378 •11 ss (nearly) ;? Now, on the 6th July were killed 700, being 06 per cent, of the drive. The drive on the Htli July, therefore, contained l.'i.'iO seals. The whole herd on the 6th July, therefore, contained 1,2.'50 x 3 = 3,750 seals. And 3,730 + 999 (killed on 2(ith .lune) ^ 4,750, is thus given us as an approximate number of bachelors for the hauling-gronnds of tliese two rookeries at the beginning of Mie season. Estimating either by the count of cows or by the yield on the killing-grounds, these two rookeries are equivalent to about one-fifteenth of the two islands ; and we, therefore, arrive at a total of somewhat over 70,000 as the number of bachelors (of two years old and upwards) frequenting the islands at the beginning of last season. The subsequent drive on the 24th July from the same rookeries, at which only 17 per cent, me said to have been killed, i" tinfortunntely not available as a check on Ihf pi^HBI \:k-\ I /' I'Sl I 1*^ V. .w ' 32 rIhivp ciiliMiliitioii. It was tlio hmt drive of tl\(.< sonsoii, ami www only nuuli* to I'liniisli \\,v Ixil.inc;' of tlio <|ii()ta. 'I'ho fstiinntu is liei-o ^ivcn nifiely uh an illustration oi' a niotliod, vvliicli, with luMtcr «iata to work n|inn, mif{ht prove val(ial)l(\ 'I'lic |)cr(Tntai;i> ^ivon tor the 6tli July is not to bo rt'lirtl on. Ni'vcrthi'less, the result, arrived at is probalilv not n vcrv loui; way IVoni the truth. Statistics of Sonls Killod on the PrilivlolT Islnnds in tlio Season 185)5-90. St. Pah I, Isi,am». S«uon. Ditto. Uiiul .184 111 /ciltoi . . • fl • • • '.'88 'JO Wnti'limi'ii ■ • • • • >• 2 «* '->;) Norlli.fiwl 1 oint,. MM '.M ,^ ■ 1 ■ • • 1,108 ,, •J7 lU'if .. • • • • • •J.07r, *.»!• KmhIIhIi Hiiv Midillo IlilM'nUtoi . I.M'.m July .•1 '.', Noi'tli-onst 1 oini, . I. line. I.IOO r. /olloi, Iiiikii inon \.r,x, 7 /iipniiiiio • • * • • • 784 „ 8 I'oluviim • . • • • !))!l t* 10 IJcof, Zoltoi 1 • • • • l.'27l i:! Norlh-i'nst Point,, 1,01,^. M ,, 11 • • • 1,1 )i!) 1 .) Keif. Zoltoi « • • ■ • 810 M h; ToUtoi, Middle Hill, V.nKV\->\\ llav . i.i;m ,, ■21 North-east 1 oiiil.. 80H • • '2'2 ,, it • • • 1,017 f* '.';i I'olnviim • • • • ■ .'i8.'. '.';■> Lukniiiion, Ketavic, /oltiii, ItccI I,(i.'l(l 27 Middle Mill. 'I'dIi TdNtdi. I.nk;uinnn • •• CJl '.'1,842 J. 1% ■' *»: St. GEonGE Island. .*>iason. Date. IJookery. Seals killod. 1,S'».'> Aiitiimii Food-skins • ■ 1<>G ly.iii May 18 SI Norili llook ••ry 1.5 4ti .liiui- 11 »« It tj . 100 101 ., 10 Fast Rookerv ^ , 57(5 ,. •-'4 /ai)adMio . , , , .•iti8 ,, •26 North and Starava Atil .. 99!) .. '29 l':ast . . .. 801 .lulv o /apadnie ^ , a;i;j •> North and Siiiravii Alii ,, 700 •1 I'.iist .-.nd Little Kast Znpudnie ■ • 014 '.>21 ' *» l:? North and Slarnya Atil • • 487 , •2\ Knst . . 221 1 :. 1*4 North and Starnya Atil Totn) .. • • • • • • iOS 6,163 33 Total. IHitS-tm. 1H0O to Augimt. St, I'li.l l*y. Si'M'ii '■kiiiH tiik< ii Inr fiiml in tlii' |iri'vi()iir]r, St, (Iroiut- IhIhii'I. hcic iiJitIccI, chu' lit li.iii;; iindiT-Ni)! ■(!, tlio rrsl us mii({cy. Till' iilidvi' iM^iiiiis Mcrr t'iiiiii»lir(l iiir lur Si, I'liiil IhIiiihI liy Iiiclm' Crowl y, UiiiU'il SliitoV TirO'Ury A;(CDt in rlinrnt- of tlir rnliylutr lojiiiicli', anil (in .Si, (iciirm) ''•Imi'l 'ly Mr. Jiiinos .Judge, Unitvd Stitcs' 'I'rcuturjr Atfeiit. OoMi'AiiATivi; l''n'(|iic,iicy ol' Di'tfcs in pust Y . . , . I'olavinii 4 18 9 9 4 3 17 13 G 8 8 33 18 13 12 8 7 4 « 3 3 I 3 St. George Island. Uookery. 1878. 1888. 1889. 1898. North . • • • • . 7 10 13 5 lOaHt . . • . . . 7 14 16 4 /iipadiiie 7 10 12 3 Slaraja Atil,. .. 5 IS 13 4 XoTK— In tlie above Table all tlie " foo'l-drlves " and all the drives in niitnmn subsequent to the "stagey " season are oiiiilli'd. 'I'lic tinnrcH jiveii for tlie yens IS88-S9 are not in nil CISC'*, at least not in the ease of the larj»cr rookeries, strietly coinpiir.ib e "'ith tliose for tliis vear, sinee tliev record as separate drives drives th it o'niiusly o ivcred only n portion nf Hie rookcrv; tin- liijiirc'S for Nortli-Ki< /iipHdnic Inrniiilied — .llllv -i .. lit 'I'liiiil And in IH<)t. .Iiinr 'J.'l .l.iU 17 Tolnl Skill*. Hni Mm'. skill". H4II DItil 1.771t SIntiKlirx of Killiiiij on Snilli-nisl I'ninl. Captnin David Webster Iwid the kindness to eoinnuinieate to ine (fith /\n;{nsi, iKiii,) liiis |irivatenieinoranda ot the killing on North east Point that he had hiinselt siiperinlinded ltd ('aptnin Wch-ter has liad more expirieiiee than any man alive of seals, their (jiKst .,,„, their slanithter. His experiences are in part rei-orded in the U-port nl' the Ihilisli ('oniniissioii tit IMMI. and the Coinntission then hore testimony, whieh it woiiiil I- .siipcriitions Cor me to repeal, as td his e\treme rei-ard (()r aeiiuraey ol statemenl. Vi'in. IHCiH I Sli!) INTO 1S7I IST'J IST.t 1H7I is:.-> IsTii IS7T 1S7S IHT'.l IS^O ISSl 18.S'J I8s:i 1S8.-) 18S(i 18S7 ISSS i-.-J l''inislu(l Killing ((ill wiiiil ol' Hiill).Si'|itriiilM'r l.'i, iil'lcr K.i; .If! 'Jii.eoa. 'I'lini («ii'i' ii» iimiiv IIKIIV wi'ic Killcil «ii till' Millir l.ioKcIV liy iillirr IimikIk. Ill lopiril 111 ill!" )>iciit iiikI iiiiirsliii'li'd ►Iimnlitri III tliin yciir. it lii)'< lirni iillr|:i'il tliiit lll<< xlnilgl tcr \\»K iMilisrriniiiiiitr, Hill! i')';jiirillr!-N ol' M'X (!!■ info. C'il|ililiii \Vrli..lrr in |iiimiIivi> ill ii-scilinn t'"'^ liiirlicliir iiiiilis milv vm'It killfd ; tliiit llicnc Hcii' wi iiImiiiiIiiiiI tliiil it wiiM iiiiiii I'OMiiy til ilisniili till' iniiir mlli- ciililv (liivi'li lif('riliii);-)!rimnils I'.ir tlir liiiU- iiiiil liniiilrK: iiiitl til It tlic iiiitivcM \Miiil(l liiivc icIiiHCil ctcil tlii'ii III kill iilirr liiiiig all tlirir livi'K iirriiHtdiiit'il In |iriitri'l Ihrni. None killr.l. ('il]ltiiiii WclmliT IlliNi'iit nil liiililirii Itci I'. Killiiii; oiimplctod (Absent mi t'iiiiiiii;iiiilrr IsliiniU.l Killiii); t'oiiiplotoil Dull' KIIIm OitdlilTL'H . In. lino .llllv HI .. •-':t, 1 1 1 '2'i . . 'jri,;(i,!i 17 ., it'i.'T.'i 17 .. M.'i.llH ,, ii .. '-'."■.'.'111 10 .. 'J'.'.n:;!! 10 .. '.'!»,'.• l.'i .. '.'."i,7'." > x|il:iin Mii'« tiicl. Scciiiiilly. we iiiiiy sec lioui tln' I'dntiiiiial Iciit^llicnin;; uiit dI fluj simhuii soiiiclliin;; iil'tlii* iticrriiAiiiK dillinilly cxpiMiciiccil in llii; hiMt yciUH in olitmnnn; the totiil; iiimI tlir larift; niinilicr'< s-.tmiimI t(t tlic i-ml (lliui nl' iHSS cxcir liiij; (li.it of itiiv yi'iii' hmci- IS'.'i) inny pcrlwii"* III' iiili ipM l( (I iH '•liDwini: Imw tlii-i ^nal Iniivcst.'^ioiiinl «iiN diiiwn Upmi to llir iitin(i--t in llic -Il ii::"|,. |,, ncliicvc the wlmlc ipniti ii|' IdO.OOO lor the iHliilidH (Intent; lli< IihI yciirH III' the Alii'*ka (oinpiiny's tcnnn-. Cnni llisinii ' Hr^'uU-^ llic liirls (])' stiitcnit Ills tli;ii | Imvi (Imlt Willi in llic piiccdinu' p ^i'm, tlioii- lire -till iniiny ntln i pninfs, fo wliicli mv iilfrnfinn wu- ilinrlcd, copcrnin!,' wine h I l)Ci: Iciivc 111 I'll' incimwliilc lo pia'li'rmil niv icpoil. Smli inatlris a-, llicsr an' llii d:it<'s ot arrival ■\\\i\ dcpaitiiH' ol llic vaiiuii'; -s('s ol scah, lliciv inaniii'r ol Ictfliii'^ mid pcii()d« III' ati'ilinriK I' linm loud, ihcir n«|ien^i<)n ol Jnd^inent and (Vc-ili hciucIi lor cvidcnec. In llic |iirct;oin;^' acconni I liavc mptcIv si I lialh my ol)Kcivalioiis ol' llij 'nid and its past lii-toiy in so lar as Ixiili lo'^i'tlnr siiovv that llic al.niiiiii!^ siMtcnieill-. to aIiicIi ntteiMiicr Iia- Immii i;ivin in i(<'rnt years, the aeeonni-. ol' tlic lici'il's inimcn-c (Ij'citMse and the propliceies ol' ils approacliiiiij; extinclion, arc overdrawn and nnteimlile. lint it is my duty toNtate to voiir Lordship thai tlurc is still ahinidant need for rare and ior |)rud('nl iiMfisMrcs (,r ((aisi lAiilioii in tjic intcresis of all. A hiilli-iatc which we l-limatc at I |.'t,lil)ll per aiimini is mil i;ieal in comparisdii with the diairi upon the stock, j l''r')ni one cause (ir anoihcr, a los . of ovi r l.'().(l()0 is experienced anioni? tic pups ere tlicy I'mi'^^ralc to sea; aial llioiiu;h the dani;i'is they there enconnlcr an; iinUiiown to ii: , we ma\ take il for certain that the risks they run are ;;n'al and tlu; loss they endure considi'rahlc. When to tia; ineasnrcd loss in inl'ancy and to the ninucasured loss in youth and ai,'e we add the toll taken on I.Ik! islands and the t(dl taken in the sea, it is not liillicull to heliuvc tiiat rhe margin of Huletv is a narrow one, il it he not already in some uicasnre over-stepped. We may hope for a pi-rpctnation of the present mnnlters ; w(; ea, not count ujioii an increase. And it is mv earnest liopc that a recognition of mut'ial interests and a rci,'ard lor the conniion ailvantairc mav siinu'e-t ineasurcs of prudence wliieh shall keep the pursuit anil slaughter of the animal within due and delinite hounds. r am, tStc. (Si'Micd) DAItCV W. TliOMI'SOX. ^ f-i: [467] G 2 m w. t { • 1 s IT ;i j#. 5g O M >i P >^ O u u S .... :!5lf1 \r. w '7. J C! .~ ^-J 02 .1 , (o CI -ti I ■ »-* *♦• © H* 02 M* -?:• i: CI 'o -f jjj I • -4 -t 'J? ;;> (*• jj; o •^ !-• I - (T -Ji '-"^ '*' Ti I-* "^^ "? ci V ^^ o *?) « --1 »o ^ -^ '^' i- i^:* "^o r? r^ * 'f •>? •■I T I 'r . -. '^ ►-* "f I - '■r »--< t-^ '^ to t - •-* X ' •• '^ I ■• '- J? '^ '^ * • "t* *• ' ' '^ ''^ '^^ t'- r to .-- ^ "^ A ^ -H o» -tt *r n; o^ o >o '£> c- -t; •-^. cj a^ -^^ i\ o -rj i- 'ji o <^ ».« '? ^ It f c •'^ '"**•"? c <3 "? * * -H o *? ri 'o "^ -f •'N 1,? ;j, ^:. cl , i^ ^ o t? ei .-H ^ . i-S « . . Ti •♦* .f?' "* 'o CI . — , . -:» .(. I ■ 'C '"^ '•*'^ '-• 'fy '*' '*' »'*> O •*' '^^ •¥ 'fy •r? 'V '*i '.?> t" '-"« • - i-*! , r-t c? c» o '-^ I - ' '•t' . . T • •:? r? t"^ •■•• *f c^ • •—* . • '1"IV .,i|iiiii.i,i •M"IV ■u >lHllt, > ^llMl;^ 'Klll'l|ltl| ■•'"'I.U J c? ■ CI • -71 • 1- • t1 ■*! » . '1? : •c " ' c"» • 1 • 5 ; : t- '• *0 Cl f^l •f' I O I ■ O 'O I CI C^ '>? 1' •r "M o "> ► -5) *c d Oj *■> o to 10 o • • — * -^ to CI -* '^ ^1 CI I - . • . - .' I. M » . • 'M CI 'O <*! . T "r? M' , *-" 'C* CI - 10 •'^ .30 O f^l <£» — • tC (T. 1^ (O "M ct ^^ 'r> O !-• CI 0? C '-0 O Ol t-M o> !>• '•I CJ ^oi-i-.-^ — ,rx«t"tCT:ri--ci«''0-riQaci»otoo><»iocioiO)0>'-r :o Jj.S 1^ =2:^ c c s ^.a c •a M-- — = c c i^MiS ;S 5:3"^ >r =1 i i fl rt rt :t . • - •- 'i" J? i: = _ J l! r o 'p ^O o * '51 "«* -r t»9 w »-« tr- V? VI* v^ r^ rfj f^ f^ . f *!? I - o *■? 'r^ "? cl • — • • • tT I ^4 I- K^ : : : : •^ - • • • 4 • • • 1 •-* ^T* - - ^ — -- 'O 1 - *?> 1* 'C '^' '"' "*' . . • '5i '- ^ ■ O '^ 'O •♦* *C 'f^ » to C I • *| CI • ^ \' rr> •C I— "' » on to "^1 o> ^ '*■ u 5 a -^^ 4 ;i< li. (i^ h ; "f "5 •-• >-• t- IS I- ft "O eo r> V5 O "> •-< "O -« iCi -« 'O 0> ^ '7) iri r-< ►-t "5 'O « "O Tl <>< 'D f "Xt ■-• 'O M "> Q !y> "^ 'o c> ■?> "ri "? o -^ "ji "M o o "^i -• * ■^ "> •;> V) 'ji "O "M '-< o -/J t • o -^ -r Zi ';i t'* 'O *t' 'O "^ •. t *: i '/> -ti -- i - -a •-• ^o *c» t - -7^ oi try ri >-* "y '.J "o lo 'u tj *?j^'j> 't» 'c. '?» Ti CI »-^ ro 'M / '/» -r *^' •-* T » - '/^ ■ t - ■/< ■" 'C/ -r '/j -* to •-•• •?! rl •£• ''^ "f '-' rrj 71 o 'I ■:.' o -• fO '1 -f V. -7, o •' 'O •'> '7> "< "Ji •'5 « '« • 1 -I -o f I- • ■ .- 5 I- -f '7> '-. ;> f ;'i 'O ■/> CI • . — ' CI "Jl -< VI •-' 11 ll 1 1 t" ■: I ^ ■:■? ■ 1-. 71 .-< -t< -»• -M .-« -/3 11 -f ^ 'II •II I" '.'J « •o ii -f "J •-• -f — ' "> I - O -* ' O "f I" »-• . 'I. .-. »-. to -li f -»" UJ '3< * "3 'O CI . 11 •" — "O M ~5 -D to C O O O -U •& '.'J f '.O • t-4 ro 11 •-< II t-< »-4 »-« to • -• • ^ *-« i-t »-4 to '.o II ^j »-t '. I -I* -ft , o c. < o .11 • tn i '/) to »- o t -r •£) , *- t '/I 'Mil . « '11 • o '. I . . 'r^ •- I - II • 't to "|t ■ ai I . ^ I - O '7) -It to II O II , rj O '/) — to ' :i , '/^ , -t 11 to i-t II ll -O -C II 'O no II rl II t?3 -•3 /;| , 1| I. -r 11 ':1> -J ^ >J II to O '. I I- 1 1 l~ II ^O to • 1 1 O '/) -+* • 'O O • O trO t/ Vj O to O to • O 'A O 1 1 O C to to . *D . *" I 1-11 i:l • f-t t-t II II ••--til • II -t ,— 11 .-t II II ..I . II r-t -r II r-4 ^ -- II ,^ .11 '1111 I - O -*« I". 'f> to -^j 'Ct O to '£) '/» I - a. / ' a* . 'O -tt Ov I • -7^ 'C to -^ O It to •£> 1 1 'X^ 'Z- 'A ^- II ^-..-tll^-t .11 ^.--rlllll d at - - !> Qi 'J 'J V t > 3 -■- — -t -- * t a ait '^ .? ' -s -^ ■>; 2 -^ a ?! ^ ?j „ ^ J I ^ ^ j^ _^ o u! 2 = "^ ^ H S -4 '^ ^^ '-' -^ ■'^ " '-^ -'-'-•■? ^ ^'^ " S "^ -= ^ ^ -^ «y^ £3'^->3^"'.*-5~"?1>'t;^ /^,''i ~. '/' "^ 5 I :^ u: '•. >'>J < s :H - u: ^ ^ _ O r; S •/. Ji -^ — o ^' {5 4 ul d ai u; « !? >■ < o -^ o -; >-:' Q i? < i ? ci -, -J d 'J -J ■ ; r; :i ^, w ■/; •J '.3 •a '6 J3 t ? S3 (/) ^ 00 ic "•» o CO O I- -^ (O to to ':■> o 'O o o fo CO — Ci '/) — « — « :o '/) a> CO o ^0 CI '.o "O lO 00 i-« CI cr.> (£> •!* "T oi I - -r '/J 'O vj -r -^ ci I" -i- 'O to =' •:- ci ';i ^T '^ _ic-,. o r.1 L^ . . r/i .=! .. w — S . It 5- tt H 4 .t: '-' ~ 3. a ci o ^1— ti/». — ^p^i.^v-^t- so 50 I :i T o I '^\A .l ..-it L-f;- .iS l<(l Appondix. Communication from Messrs. ('. M. Lampson as to the market prices of salted fur. seal skins, 188(j-96. IJeav Sir. 01, Queen Street, E.C, London, January 80, 1807. We are in receipt of your favour of yesterday's date, and in reply beg now to inclose statement showing tiie yearly catches of the dilVercnt kinds of fur-seals sold by public auction in London since 1886. Ycu will notice that prices advanced very greatly in 1890, when the take of the Alaskas was suddenly reduced to about oiu-tifth of the usual (juantity. Prices generally kept at a hij,h figure during the years 1891-02, and they showed a decline as soon as the largely increastd quantity of the north we>t coast catcli began to tell. Since then there has been an almost uninterrupted decline in the leading sorts until the present time. In e.vplaining our classitication, we beg to state again that — Ahiskus comprise the male seals taken by the North American Commercial Company on the Pribylotl' Islands ; Coppers, tiie males taken by the Russian Seal-skin Conijiany on the Siberian Islands ; I\'ortli - west Coast, those taken by the pelagic sealers of! the west coast of North America from Sail Francisco to the Aleutian Islands, along the coast of Japan, in tlie neighbouihood of the Siberian Islands and in the Behring Sea ; Lobos, the skins taken by a Uruguayan Company on the Lobos Islands, olF Monte Video ; South Sea, skins taken in the Antarctic Ocean. Besides the seals enumerated above, about 3,000 skins per annum aie'taken off Cape IJorn, aluHit 1,000 skins per annum in Australasian waters, and about 2,000 skins per annum oti" the Cape of Good Hope, all these being oi' comparatively little value. We sliai! at all tinv j be iiappy to furnish yov. with any information that is in oui power to give. Yours truly, (Signed) C. M. LAMPSON and Co. Professor D'Aivy W. Thompson, University College, Dundee. Si AiKSliSNT of Gross Av<'rage Prices obtained for Salted Pur-seal Skins. f'-i "■'';c^^ if'; I ■/ '• 'I 1? ]l '■ • ■ :(.4i • Alaskii. Copper sLind. North-west Coast, Sic. Lob )9. South Sea. Vi'iir. Number of Skinr. Price nf Skin. Number of Skins. Price of Skin. Number of Skins. Price of Skin. Number of Skins. Price Ski of n. Number of Skins. Price of Skin. n. ll. ». d. «. rf. «. rf. *. It. ISSG 99,947 69 ;• 41,750 40 49,079 29 5 15,049 18 1 ,, 1887 99,949 50 54,584 40 39,419 26 14,831 16 4 , , .. I8S8 100.037 77 11 46,296 38 4 30,2,15 34 8 17,774 20 6 ., , , 1889 100, 03 1 fiC 11 47,411 50 6 39,884 42 13,205 27 8 ,, ,. 1890 20,994 14G (> 52,765 r 53,946 58 2 84 9 47,467 64 4 14,241 35 •• 1801 13,494 125 4 < 5,800 30,681 58 10 68 6 63,733 54 9 13,634 33 6 •• •• 189'J 7,5,')4 125 4 .t1,380 81 1 7i,978 ca 7 12,202 26 C ,, .. 1893 ".■.son 108 6 ■12,832 71 10 106,368 51 3 13.624 30 4 4J 77 i 189' Ij.888 86 27,298 57 135,686 35 7 12,145 21 I ,. . , 1895 15,002 81 9 17,721 54 102,460 43 10 12,017 20 . , ,, 7,500 68 1 1 ■ 63,696 32 2 14,019 22 6 189C .. < 22,500 Btill unsold . 14,415 45 2 6,900 slill t untold 5,153 still unsold y 584 51 » 89 s of salted fur. A table showing, from the above figures, the actual value of the pelagic catch in recent years, makes it evident that the fall in price has been a more serious matter than the diminu- tion in the cntch. Total Valuo of the North-west Coast (Pelagic) Catch. ry 80, 1897. now to inclose • public auction of the Alaskas ;rally kept at a 1 as the lari^ely there has been rcial Company Year. I SOI 1892 18;)3 1894 1895 189(1 (iO,73:i i 'iins at 72,973 100,;)()8 135,G8G „ 102,460 fi3,G9G ,, c,900 unsold at v. ,1. .)4 9 08 7 51 3 35 7 43 10 32 2 32 2 102,444 11,097 Value. £ 1 74.409 250,230 270,568 241,408 224,558 113,541 berian Islands ; coast of Nortii Japan, in the ids, olF Monte ,..4- taken off Cape kins per annum that is in oui IN AND Co. Skins. South Sea. Number of Skins. Price of Skin. 45 i- 584 t. H. 51 9 it i. ■*- 1 : 1 J ^'mI 'K 'XMi S n S o S ■ il > e w O 3 a a a. 3 O o "« a 00 B s ad ■ u »i M n Wl "< to t-4 9> H *{ " B- « "^ u Q. u V. § ■p § s QO O f U N I TE D S FATES. No. 4 (1807). m CORRESPONDENCE iim • 5- -J U B S OQ O ^ o s- > O S " C s WITH THE ^1 UNITED STATES' GOVERNMENT IIESPECTING THE SEAL FISHERIES IN BEHRING SEA. Presented to both Houses of Parliament by Command of Her Majesty. September 1897. ■'^. [C- 8602. J LONDON: PRINTED FOB HER MAJESTY'S STATIONERY OFFICE BY HARRISON AND SONS, ST. MARTIN'S LANE, PBINTEH8 IN ORDINART TO RBK liAJESTY. And to be purchased cithtT directly or through any Bookiuller, from EYRE AND Sl'OTTISWOODE, East Hauding Street, Fleet Street, E.C, and 32, AiiiNODON Street, WEsrsimsTKR, S.W. ( or JOHN MENZIKS &. Co., 12, Hanover Street, Edinburqu, anb 90, West Nile Street, GLAaoow; or HODGES, FIGGIS, & Co., Limited, 104, GaArToN Street, I uniiK. Price Is. 2d. Jnl ' '^1 ^i TAMlil-: OF CON 'HINTS. No. , 1 NaiiM". Sir .1. I'mnici tote Dull Smi.ircT. .Ian. 18, 1893 | UcunlalioiH irnvcriiiiiir vessels (iiiiiliivril iii tin' fiir-!^ral Cisliiiii^. Trmismits tliosc ii|i|>i(im(I liv tlic Seen tiiry ol' llir liiiltMl Stalls' 'l'rcasiir\ . Sir .1, I'aiiiii-' I'litr's Oral'l of spnial lli'^'iilatiiiiiH tor llic |iriis '-M, 3 Colonial Oflico 1 To C'li Ollir Colonial Olliif .. , To tiir .1. I'.iniiccf'oli" . IVlcgrapliio Sir .1. I'.'.unccfoU' .. ri'l('i;rai«liic I'o Sir J. rannccfoto . ! .Mar. I!), .Apr. 1(1, May 7. 11, I 10 11 12 13 . Telographic Sir .1. I'anncofolo 14 Telegraphic 17. 18. 14, 2S, 21, [638] Wdrkinir <>! Award He ),'idatiniH. Traiisniils niilr Irnni Uiiilfil Stales' Secretary <'!' State proposiii;; appuiiilineiil of liileriialiiiial (\ini- iiiissiiin .'iiiil tiimliix riveiiili. niider ulileli sealing; woiili! lie Bospemled iind the lienula- tioiis extended tj the wlmle of llie I'arilic Oeean north of l.itit icle :!.'>' norih iSealiiie-ii]! ol' arms. iSie., on lemrd fealiiij;- 1 vessels. Il' Aureemeiil Is to lie reiii-wuil, some eie.'ir advantai;e sli'jnid he idTered to nuislers of vessels .. .. .,j .Sn^-yests that, Uer .M.iji'sty's (iovernnn'nt slionid decline to rene>v the an.'in^einent , relative to the sealiii|{-Mp of arms .,, I'oiicnrs in (int,';;i'stion made in No. 4 . ! Her M.ijesty's (ioKrinmiit have deeided not I to renew the Ai^reeinent for sealinjj-np arms Award Iie;;ulation.-. I'nrtlier propos^.l from United Stales' liovernmelit (fee No. 'J) .. | I WcnI.iiifj of .\ward Ile);nlaliiiiis (see No. '_'). i Cnniiot aj;ree that Itefjlil.itions have failed. Her Majesty's (ioverninent lire nnalde to accept mvdui virrntli. Ohjections to pro- posed ('ommission. Hn|,'i;ested appoiiiliiii'nt of .\t;eiits .Siiil^-e^ted .'ippointmeni of .Agents to reside on the seal inlands. .Mr. ("iresham's immediate attiiition should he cal'eil to the proiios.il .. Award He;;iilalions (see No. ^). Ohjections to United .'States' proposals Inspection of skins is not accept.i'de . . .. ,. Sealiii|j;-iip of arms. Trainmit.s note to I'liilcd ."^tales' (ioveriiiiit It i'l the sen-e of instruc- tions in No. G Award l{ei>nlalioiis. Has addresseil note to lliiilcd Slates' (iovernmeiit (see No. S) Sealing-np of arms (see No. 11). Transmits note from United States' (jovernment accept- ing deci'ion of Iler .Maj<'8ty's (ioverninent with regrut, and .eqiiestiiig liritisli .Naval ' Olliccrs may continue sealing-np ol arms in United Stales" vessels. His reply thereto. Stntenients in United Slates' pres.s ,. ; Award Uegnlalions (see No. '2). Transmits I note frnni United Slates' (jovernment pro- I posing '•< mispemi pelagic sealing pending | negotiations for extension of prutecliw area; n ntaHus vitKiidi ; n Joint Commission; and amendment of Rej{iilntions fZ li 1.: 14 I I l3 "8.' TAni.!'; OF CON T! NT 111 15 Hi N.illir. IS 19 M U3 ■J4 '20 27 '.'8 I,oril (iijirli To Lord (jDii"!! Lord Gmi(jli Sii' ,1. Pauin'tfutt Dale To I.onl fidiigli IVlegrnpliic I .Iiiiio 17, 1S05 12, 17. 2ft, July 4, 22, ri'li'g'apiilc Lord (i<)ii"h 'I'll Sir .1. Paunct'fotc I'elcyraiihic All-. IG, 29, 1!>. Srpl. 7, 23. 13, 27, Knii.iicT. I'aK. Sc«liii(f-ii|) of iiriiix (111 llnilcd Stalcii' vcssi'N liy Urilisli N.ival OITiccri (-w No. Ifll. ("oiisiMil ot' Ilcr Mnjc-lv'') (itivcrnniptil in I ('(intiniimici' iif ,, . . . . Sraliii;,'-ii|) (iC arms (m-c No. Ki). 'iVaiiiniuts 1 Hole from l.'niliil Slatis' (iovcriiniciit ,r- ' (rrcltiiip ilclay in ii()tirviii(.' ri 'ii'nl of lIiT I Majesty!! (JovcniiiMiit to oiitiiiiic. id'asdns wliy Uiiitiil Slates' ( lavertimeiil iIioiik'hI arrangement wan imie In lie iiiaclf. . Spiznri- (it' lUilish scaler " Slielliv." Tran^- iniN iiole fioiii Unite(l Slates' (iovorniiieiit re|i()rtiii;4, anil askiiif; eoiiMMit uC Her -Ma- ji'sly's (joveriiinenl to .( Jiresciitatioii of j L'liiteil States' Ooverniiienl lijr Coiiiiiii'l at i ! tlie trial .. I Appointment of resilient A'.'enls {sec '\o. 'J). 'rraiisinils note frmn I'hileil S;,,lc.,' (inverii. I nieiit i-ontaiiiiii;; new priipiisal Iiiailiqiiai y (d l!rili-li p:i'riil. 'r-,\iisiiiiis note I fniiii I'nileil Sl.aes' d'overniiiei.i a^l.iiig for I , inure eflieieiit eo-opcratinn, ai;i| re(]!iisliiij( | early reply to No-^. 14 and 17 .. ..1 I SealinL'-iiii of ainis (see NO. '.'i). Inference i dra«ii liy United Sl:ilrs' i iinciiiiiie'.t Iroiii ! i iileuliiy (d' I SIM ami I Ml'.'i On;-:-, iii Ctnimil I caiiniii lie ■■iistained, ii« snl'jei i. was outside I (d' tlie purview (if ll.c 1 sy 1 ("rdir in ; I Council . . . . . . . . IAppiiiliUiieiit r.f resiiI'Mil A;4eiils. Vieus of I Her Majesly's ( ioveiiinieiit in ve;^arii to | counter-proposal of I niled States' (toverii- 1 leeiit (see No. l.S; . . .. ., | Se.iiiee-iip of arms. Siizures of llie '• \V;in- I derii" " and " I'avoiiriti' " (see No. (i). lull ' statement id' cireniii'lancos. Her .\lnieslv's Government, feel liiiiiiiii to present e!;iiii;s for i ( comiii'iis ition . . . , . , , , | I .Seiziiri! iif "SInlliy" (see No. 17\ Is it the desire of United States' (jovernment to bn npresenteil liy Counsel to lake part in the proceediiie,, m- only to watch the ca-. ? Appointment of Kesiddit Aneiits. Has ad- dressed note to I'niled State*' (i(i\erninent in I lie ficiise (if No. 'Jl . . "Wanderer" and " I'avoiirile. " .'^eiz'.ire^ (if. Han read to S"cretarv of Stale Nc '.'■} •Seizure of "Shelhy " (see Ni.. li.,). C'oiiii?(l representing United ."■tatc.-' li(/veriinieiit would make su^'(;(StioiH to liritish (jovern- ment Counsel. Similar courtesy Vioiild lie extended to dinnsfl rcpresentiii,^ tin at Jlritaiii ill United Stales' Cvni ts . . Sealinjj-iili of arms (-(^e No. !:',). Transiiiits Report by United Stales' Coniniaiider of I'atrolliiitr Meet, statin'.; that llrilisl. sealers would prefi r their arms to he aealea Seizure of ■ Wanderer " and ' I'avourite '' {sco No. ".'5), Instructions to inform United btates' (iovcrnment that British oflicers vnIII not take over any vtbscl seized by United Stales' cruiser ■ xcept for a contravention of a Rritish .^ct of I'arliament .. 23 2S 35 20 30 .'}'/ 32 33 3(> ;36 36 SC 33 I ■ N,: li •■ k: '-v iT TABLV; OK CONTKSrs. 9* ^ S A >.* •■ ■'f-'ji «i'-, No. Name. l)at<-. .S[;r.?F(T. Pace 29 Sir y Pauncpfotc .. • 1 Sept. 24, ISO.S Kxaiiiinnrmii of nciiI nkin< liv Unili'ii Slali'it' Inxpi'i'iorH in llritKli Ciiliniiliiaii piirtH. 'I'raii'.iiiit* iKiii- to lliiilicl States' (invcrii- llM'iil I'xplaiti'iijf lli.it Hit MnicHly's (loTnii- iiHMit liavf aliTacIv clrcliiicil ihi' proposij (>ii'i' N.p. 10) .1.S .10 i» »» •• • • Oct. 17, Sciziiri'K ())' " WanilcriT " iimi "' l''a«'niirite." TraiiuiiiitH rcplv of IJnilcil Stati'n' (invcrii- iiiiMil to No. '2-J, niUmv to the valiility ol thi' riaiiiis ;i9 ai V »' •• •• IVb. 11, 1890 Niii'.hIii); Icniali' ncuU killed at .'ea. Traii>iiiitii mile f'roni llnilocl Slnten' (invoninieiitaKkiii); that a record may be kepi ^1 89 To Sir J. rauneefote. , • • 2J, Krari'hiiip: mul neir.inu of Kritisli sealern by IJiiiled Stales' eniisersi wjlhoiit siiHlrietit cniise. Transmits letter and papers from Colleelor of Custoiiis, Vietoria, eoniplainiiisf of. ItintnietiiiiiB to aildresH note to I'liiled Stale*' (ioverimieiit askiii^j that oi-d.Ts mav lie issued lo prevent 12 33 Sir J. PnuncofotP 27, Uevisiim of Kejtnl.itidiis ami mndus vivrndi. Transinlls text of Kill anti ori/iii'.r I'lesideiit to nejioliate with Powers coiieerncd, ami lleport of Committee of Ways and .VJeans. If »(iHf/H.« Vivendi nntconrliidell St.ltl'!.' oii)))l:iint't i'l ili'il btntc-i' Inn of Pcal ii;ii(' 8i"aliii(r. I'o iisk for Audits to (see No 34) as bcoii in- ■»ian Ambas- in of prolec- naturalists. ited States' isport (see itish sealers, eminent to . " W. Aiiis- U'forrnre to Acts will be cotnniiini- inicnt, who infor with n on their I ;!i) 41 12 •I'.l 5;( 54 56 ,57 -i'j 61 No. •44 Nun 43 46 47 •IH 49 60 :>\ 52 M •I 4 55 56 67 58 .Sir .!. Paiiiiecrote To Sir .1. I'miricilnte. Sir J. I'Hiiiiierolc 'I'll Mr. I'aynril ., To .Sir ,1. Paiincefote. , Sir .1. Pduiiccfote Pclpgrapliic To Sir .1. I'.iunrefote. Colonial Oflico To Sir J. Paunref.jle, . Admiralty To Sir J. Pauncefote Sir J. Pnuncpfotc . . Colonial Office Sir J. Paiinccfotc Dite. May 1, 1H!)G 13, H, 10, 21, 2:1, 28, .lune 15, 24, 30, Jiilv 6, 30, 24, MnUKCT. I PoR" Invesii^ration on i^lnnll!<. Trnnmnits note i from Mr. Olney (lee No. 42) . . . . ' 62 Presence of United States' Counsel at triaN of llritisli •.ealnrs (see No. 26). Her Mnjesty'i (iovernnient ai'ree to Counsel inakinf^ sii(f(reslion9. If United Stntci' fiovcrnnipnt would enter into nurceuient to sRtisfy judg- ment of Conrt in ease of wronfjrful si'iziire, they niiuhl take an active part in tlie con- duet of proceedingi. Sii|;|;c8tinii as to appointment of International Court Kevision of Itegulations, Ilaa addressed note to United States' (iovernnient in sense of No. KH Extension of Paris Award Kepnlolions. Pciid- iiij; report froni Ayeiiln, Iler Majesty's G.ivernment cannot enter into iiejfotiations . . Visit of Naliirnlists (see No. 42). Tliey will he instructed to |;o viii Washington Unnecessary interference with British sealers (tee No. .35). Transmits note for United Slates' (iovernment. American Naval Officers deny charge of having failed to seize two American sealers Revision of Regulations. Transmits note from United States' Government. Secretary of Treasury challenges accuracy of statement* ill No. ;i8 .. Uniieccssarv interference with Uritish sealers. Her .^Injesty'» (iovernment do not consider that reply of Uniled States' (iovernment in No. 11 removes adverse impression. Her Majesty's (iovernment trust that right of SI .irc!i v.ill 1)0 exercised with discrimination. . pire-arni«, &c. ArraiigeuicnN made to insure that no arms -.houid lie carried ., I'irc-arni«, &c. Transmits No. .")1, and in- structs to inform 1,'nited States' (iovernment of arrangements Alleged decrease of number of seals owing to |)elag!c sealing. Explanations in reply to No. 49 Movements of British patrol ships. Transmits Report fniin British Admiral, explaining reasons for arrangements in 189.'>. Three ships will patrol in IHOti, and more cruising will he (lone . . . . . . .. Movements of British patrol ships. Transmits No. 54, and instructs to int'orni United States' (iovernment Fire-arms. Has addressed note to United Stales' Government in sense of No. 52. Transmits their reply suggesting further arrangements.. Arrangements respecting tire-arms, and pro- posed inspection of skins by United States' officers. Remarki on No. 56 63 63 63 64 64 (•4 Presence of United States' Counsel at trials of British sealers. Transmits reply of United States' Government to No. 44. Proposal will be considered .. .. ..77 «5 66 71 72 72 73 74 75 t t; , Wj-iv Tl lAllM': <)1' ((iMINI'S. ; 'MJM|Mi ^»ii^ ' '^i^S ill ;:U'r^'' .I' N«. Nnmc M I It l^irilOoURli ,. ri'|i'Rr«pliJ(' <;0 l.nH (1on;1i I C'J To I.oril (loni;)) . . f.'' I.nril (ioiuli T*locrii|ihir 64 65 r.> I.oril Gimcli I.iTil |m cli'ii i nii<|. lUIIK ll lllllll llll'ir vil'HH llllVC luM'll I'linvillclCll F ni'-nriii" 'unl hikI'i'iIihii < f ►kii li trl4';;rani tVnin I'aiin.liaii (lovrriinicnl, i mi- I'litriliu' in )iiop«iHiMl nimwiT lii Nn. 'ni. 'I'licv 1.1 ii.;rrr lo lirsl |iiuli(iii »(' priipoinl hiiIi alli'ialiiiii . 'iiT-irm» t'riim A.IiiiirnI l\ Tian-'iMiln rxtrarl fn ili"|iiit('1i I r ri'piirlliu' iiirmii;!'- I'lri'-.iniis ami iii^'mi lion i>l' •'kii I'l litH null' lo I'niicil Siiili -' (lovi iiu'iil, ami their iriiU Sp.. 31. OiM. 11, Nov. H. n,- 11 Jan. M. I«;i7 •26. riir-;in 1U'- aii't iiivpri lion .r-ki Ni' (il. \'ic«ii of llrr .MaicKlv' llU'lit nii!i .iiiil iiiipi'i lion of vkiiiA. lias ai'Inil on initiiictioiiA III >o. (it Fici-ariiM ami iiihiiciiioii of «ki 'rr.iM^iiul' nolo to llnitnl Mali'>.' (iovoriiiiK'iil, ami llnir ri|iU, "iiKCi''tii'|I poslpoiiciiirnl ol llu' ipioH- tioii until til' receipt of Dr. .lonlnn'" K''P<'ri LM' Xo. Cl. .\;;l<'i.'< to I'niti'il ."^lilr,' |iio- |io>.al to po-tpoiti' laiion vMnlil 1«' ii'ipiiroil r < inipiilsory •xaiiiinalinii ol limpcction of vkiiis at ('oliiinliiaii port". Mr Ol iii'V iM)i!iri vlu II <'inn lor lirilisli .\t;rnls to ri'vii"il I'riliyloff I-Man.l< li I! rprosi'iilalioii o f Un: I'll Stairs' (i ivcriininil It tniU of Hiilisli vi'si' I Is voui'il in Kvlii »K 19, '2S, .Sm. An answer slioold l.e olilaineil a.s to tlie sii;:pi'slioii tiial eaili (jinernnuiit slinulil a(;r('e to s.itisfv tin- jmlirnieiit of the Court in easo of «ri'ii fill seizure. Kefers to case <.f " Iteatrice ' Iiivpeiiinn of skin-. Ntr. Slieriiian asks for an answer Mission of Urilisii A|;riits. Xole aildrcused tr. Mr. Slirrm.in (see No. 71) Ts ,H 7H 78 ^.t Hit 8! 81 »:; H.'i Mi .si; 87 ss .«s r\iii,i; (ir contiin'is. VII \W' No, • N... flti). riih'r inti) ri'|ily will ('.iiiiitlinn ■iiii«icli'ri'il rrniiiiiiiiln iiriil, I nil. Ml. Tli.'V MOvnl nilii ili'iuilcli im-nnui'- .■ Nil. :><.>). (iivvrni- 'riaiiHiiiil" - (JOVI'lll- llils artnil 'Iriii'-nnl^ , .'ii\il ilicir till' ()llr»- .liirilou'' • ijilrstlDll. Ii'llllil.ilc il I i:in-'iills oii il. Dr. .ionlau'!! ' ', lii'iinri iliii'x not warrant. Htali'iiu'iit as to ' , |iri)-| livii early I'Xiiiiilioii orMal:!. r'nling-'i|) M arms on tlie applii'.ition of tlie iiia.' No. 73) ,, ,. .. Sealiii^'-ii|| of arms and ir.'^p' rtiim of skins. .•\nipiilics No. >>T Qiiole.-, case ol' '' Kale." Knatniiialioii would lie ol little use .. Faeilitiei «ill lie ifivi'ii to Mr. M.ui.uii. Oilers pa'-saue in .i revenue vessel (sl'c No ^i). It is not probable that Dr. .lordan will avail liiniselt' of otTiM- in No. SI Keply to No. 'I'J. r'urlliiv invr4tii.'atioii is re- tpiireii lioforo enterinj; upon a Conferenco lor revision of liegu'alions.. 96 97 D7 98 98 m vltt TAIIIK or rdNtKNIS. '.II N«nn'. Sii .1. I'.imiii'l'.Hii l>nl<>. Mr. Sln'iiiMii \\< ll>\ III A|ir. JV. IHU7 4, OH • I 'I'll S.i ,1 I'miiiiMl'iili'. Sii .1. I'.miii'i'loli' too llll lOJ Mv. I\.«>r JlX r,i Ml v.i.iiii iOI Mr. V,i;m. .. uw C.il.'Muil O:lioi IGli T.> Mr 11,1V .llllll' ■-•7. IH, IH, !>• ■-'!>. :ii». .. I rliir I ;; r,. Ml \il.im .. 1 IVIc'.;v;i|il\i.- .Inlv 'Jl!, '.!S. .0. Si'dinr t'x »<' I'l'iil'i'toiil t'liiiiii|> III ' I Ir. .Iiinl III riiiii>iiiil« null' lo Mi Sin i HI III . . . HI < Sri' Nil. '11. rrniniiiil" Mi Sliiiitinii'-i ri'|iU . . lO',' fiKlim liriH III Nil H'.' Iiiivi' lii'i'ii ml I 111 III.; Iliplv 111 Nil H.'. ' 'iiiiiniriil't nil rrnt'i'xnr I riii III till' AilnliiitMiii III I'liini liiilillrii'iiri' III jllill'll ( invi'iuiiii'ill In I4|>|ii'il|i Ini |iinni|i| ilrlinii , llii'ir iiinili' III cm |'\ mil nut .\wiilil. | tlii)MitlirV u ill I'misriil 111 a I 'niilrii'iiri' ,, llll IIiiIhIi i;iiii ImiiiI' I"I |iiIiiS h.ni' lirrn i in i nil mil . . Ill liitti 111 li'iiM mill III I'liliiliiil UlimU liir larilitiiiit In 111' ^ni'ii In rrnlrivni I lnini|i'Mi|i .'inil ^li Miirnini (^'llllll;; ll|i nl iirilli .'lllil lll«|iri Hull nl ..I.11111 ri'iil( , I KM rri>ri'«'iiiin|il ml Awaiil. I liri'iii'i' ,, |tl4 Mill .Si'>i I I II 1 1 11 il mil , , ; III I innl Milt .. ' III • l.lllila I'lir I liimi| II II nl ^{\i\in III mill lii« I iH'i; .111. Ml. Slin- r «i'iiliii)(-ii II? .1 ll'i . Sill I lllllll H ii'liii mil III I it 14 IHit lirlll illllllii'l' III llli'l lllllll I'lll I'l' Ciiiiii- ll.-.|Mlcll lif I.. ;ii;rr,i il Sliili'i' ill rmrnl I i|iiriiliii^' »lnU'|ril II III' aiiv I Hi MM 111) I -.in l;Mt I'.MI l:;o i:u» (!(.n<.i)ioiMl('iit(' Willi iIk! niiil.'tl Slalis' (ioviM rituojil nsiMUitinu' (III- S(!;il i islit rirs in Hfluinfr S.ii. No. I. Sir ./, I'llni rc/ii/r til Ihr I'lml 'if Kiiiiliiiln/. -/ RiT'irril Jiniunrt/ 2H.) ^'.V l'<>r(l. i\'a.ilnii,jlriii, Jiiiiniiry 1'^, IMO'i. I IIAVi; Mm- lidiioiir (n ir|i()il, llifit, ..n llir Iftlli iillinKt. f.ln' S.'ci-i-lnry of Hf.-i.tf fTimMiiiillctl 1,0 iiic ill (I copy ol' " Ri'LiuliitiMiii ji|i|)i(»vi!(| liy Uit) HciTtilary ol tlif 'rfclimify lor llic '^ovcnimciitor vi" for Mm ("iiisidii-il i ,ii ol' |lrr .Majr-ilv 's (lovcrmiiciil.. I. tiicnrorc iirraii!,'crl willi Mr. (Ircslifmi llml i slioiild discuss (lie iii;illci' personally willi the Secretary of l.lid 'rrciisiiry, as I did I isl year, v.ilii resp-el, In tlie lie ul,"! idiih lor the llHlicry we.'i'.on IM!(4. I JiccordiiiLcly ralieil im Mr. (';iilislc al. the 'rrea'.iiiy, ;nid poiiiled out, to him lliiil, so t';ir as (ireiil, iSriln'ii wiih coiieeriied, HiiHieieut pnivi>.ioii li.id heori made by "Tlie Itehiimc Sea Ord.r in Coiincil No. 2" fol' (Ik; IJOtli June, IS'.H) to -.'ive ilVecl. to ArlielcH li and 7 ol' the Awanl l{ci,'iilaliotis which rel;i.te lo the special licence, the dist.iiij^'iii'ihiii!.;; Iliit!;, iiiid the (lliwss of tin iiieii to hi; ci:i ployed in i he (islieiy. II uiiiild seem th;it " 'I'lie IJidirin;.,' Sc.a Order in Connfril No. 2," altiioii!,'li rcl'crrim;- in llic third rec,it;il to the arianj,'emeiit'i made I'oi' the " pr •.; nt year" (IM)lj, is <)r a pcrmaiictit, character, and iimIcsh r(>pealed uill apply to ,a renewal of t.lio sarnt! iiriMie'ciiicnls for IKO.'i. IJnl, I eaMier i'roin the con'c-.pfindence with the CaiKidian (iovcriiiiieni tli.'it. some dinilit. tixisis on this point. III conversation wilJi jMr. Carlisle, I .assmned that Her -M.'ije^^'s (iovernmont desired no cliime'c of thost; arraii<;ements, whieii had heen in.ade in pnr.-,iiaiic(3 of Articles l and 7 tif l.he Awnrd l!ei,'iila(i()ns, .and that, the tnily (picstion, therefore, to bii dealt, with w;is ns to (.he rcnoual of the I'ei^iilatinns atoned on last season for tin; pro- lection -<. :• '. \\lui'l\ I » .Mild nl'n\i( («< voov >,i>r(l'Oii|t \'ov cmisidovti. \U\\\ \,\'.M\lin ,1\. ;> (.M> .i:W. l:>t.-\ I Mll'l>lh',l Ml (';\rli't.' \\i(l>tl\i' s\\:\^'{ ol' I!,,,,, l;<1iiM\^ ^'.M ll>.- \i'luu',;»\\ '.i'-)'l\i«''. m' <'l :mi\'.. ol >il\i,li\ . i>|'\ lonw. lni'li».\ni' ■ ,.| {}\\< \\i's\\;\ivh. 11(> ('\|'\<-HM-il l\i'- ;i|'|Mo\ ,tl i>l (l\Ml il\;ui . Uil ' i:\li'tl (l):il l»i> wjiw w illm. ti^ ;\.li'j>( il iw hiMi .v(' ihi' |>lo ;> 111' \n>v.'»i (li!»( i< \\ \oV\ iIoxiimM.' I.t Hi.' . .'iwi-iiiimu'c ol' nil pfini, i (h:U.;isli_\ Vin.'lc (t oMlii' \\\;nil Ui\hhI,()u'IU. the ii"-!' «>l ■•lim .Miim is )n.i|iilMl,.,l m l^.'hving S<\u th.Mif^h \nii'i'll.>il (kiK |.,ivi| tllinv -illiM -^;U11'^ ;»1 I ' UmIiIsKm Ix't'iM-i' (MltOHIl«V UiMuilK; Sc.T il(' hivro'd '111' ril«lii]' N oylcni.iv I rri'.'i\n,i fl\Mn Ml r:\vUslt> :\ A\:\(i ol lio.Mll.ll loii'. ii<\i.^.>il l'\ linil'M>l I . :l i'o|>\ ol' «lliol\ lomii lrn!o>.\il\» '.\ (o lli;v ,iv<>.n;l(('li Tho tirsl !lin\> \i(\\'los lur; i'l\ i.>)n>u il\o )m o\ i^^iouvi ol' l'i"l voMi ni lolnlimi l.i lllO -.I'lV-i.-ll lio.Ml,',-, (1\,> ,iisliu.'U\(' tl;i'>,. nil. I itio lidio.'i .>l ll\o '.r;!! Imiil.'i^^ |o 1',. AllU'loS I. O, JlUil (> I'llll'O.ix IIIV OXMl lililll ( llU'loMUO 'M ill iclllliou lo llio \oluiU;ii\ 'i(\'»huv.;-up i-l HUM'-. ."v»\ Artii'lo 7 is ■■> iimMuI )U\'\i«iioii iii:iMm<', 1 indd SImio'.' >.:uIiii', \o«m'I'j lo oIi( nil a Nj'i'vM:ll lioiniOi' 111 .'.nviiii'so jioiIm. AUioIc S iiool'iK "i (li;i( tlio Ui>:iil;i(ion'i ;ili|ilv kiiIv (o (lio cii'-on jsilo, Mr. r.-nl ■.«!(>"> Iv'VlsOii llOfJuljUions do liol il|H>o;ll toliiclv' lio opou lo jlilV olijoi-lion, ;\ilii I ;l\\;in \ v'liv 1 o; ,i'-lii|i''. in-.d uolioii'- .mi liio '.iiliiri'l I lifivi'. A I'. ^Siiiiinn .HI. I \N lV\|i\("i:i'nll' I ,,** ('IT I) ir.n Inrlo'Jiiii' 1 ill Ni'. I. ?\V,,K/t!/ii )),« <''»)•»■'■«)»«,; l>v\v/v rni/i/iiivCi/ ni t'lr i'm sf.il /'V.vAmij;. Al\i'UM.r 1, l',\ov\ \i".M'l I'lmdoM'il III liir-'-('.il lidiiiifj ■■liiill Iimvo, in iiildilinii lo t)i(' p.ijvM's I'.ow nvjiiired li\ l.n*. ;i spcci,*! Iii'imioo lor riii'sciil lUliiinv, Ari. 'J. HtM'oiv tho isxicuu'o ol ;\ spoi'ijil iicoiu'i', llio iiiM'-lcr ol ;m_v vi;iiliii|i-vi''i'ii'l ]>ro)'vVsintf to «'Hii;ufi' in t'ur-si'.il lishiiiiv nIijiII |iniiln('i' snlisl'iu'liirx oviili'iii'o to HiKnlll t.i wlioiu ;\|'rlio:i; ,o;i i^ iu;ulo llinl llio IoiiiIi'in oiii|'lovi'd l>\ Ilim .'iro i'oiii|ii'li'n| i iho \\i\H\'US ;1Ulll01lfi'd liy 1;IM. Av'.o. V'\iM\ '.(Vilni!:\ ('■'-('! I'loN uli'i! wiili spt'ciiil iioi'iu'o slinll hIkiw iiiulor Iht n,'>',ioi',,'»l v'oloui's .'\ {\i\y:. iioi ti's-; (Jifin I Irol "-nii.ii'o, ('oiii|iii'-i'il ol' (wii ('i|ii!il |>i('i'i"i, \ I'llow niiil M;U'k. ioi'.Kvl rn>m llio ii",lit-li:mil ii|ip('r conu'r ol llio llv lo (lio loll IiiiihI K'Wi'V ("Ovnov ot" Uio IlJlV. (llo |';ill ;llio\ o :iiiil !.■ llio loll lo lu' lihicj,, ;iiiii llio |i.'ii I lo II ir vitflil rtud Ix'low to lie xoUow. Art. t-. .l"n\'-:inii^. iiiMs. or ('Vi'lo'-.x I", ^ll.■lll iiol lio irid iil ;iii\ liiuo lor ImMio; or kiTiinc {m'-s<';il> in ItnU jiorlvMi v'l I'cliiiiii;' "^i-;! ticsciilnil in llio Acl ,'i|i|iro\('d I lie ii!(v Apiil. ISiM. cnlilloii "An Act lo give oiVcot lo (lio Awnni rcndi'iod liv llii' Tiilinn.il oi' Ai !iilr;Ui««n ;it r.-iiis. nvuior llio I'rcMty liclwoon Ilio I nil oil .Sfiilos .•iiid ( irc'il |xrit;iinoouoh;iu\i at \\ .'ishiiiijion the 'J'.'lli l'i'l'ni;ir\ . iSil'J. lor dio iiiii|ium of Niiliinilliii!; to \rlv;i-;i1ion I'lTlnin nui'slio;!'- v oiuonmii;' tin' prosorvMlion of I'm-M'iils." Avi. o. Any xo^sol in a lionio or liin'i;;ii j'orl. \> isliiii:.>; lo iii^jiiro in rin-M.'il lishing. and to sail I'nnn siioli jmrl dniin;;' liio iimntlis nl' M;i_v. .Iniir, or .Inly.ni.'iy apjxh, if il'. n \-o\' of tho Inili'd Si.uos to ilio I liiof riii>tonis llicor, or if in a I'lircii^ii ]H^r\ to a <.\'nsal:n' oiVu-or. lo l;a\«' '.ho soaliiii; oiiH'il of mu'Ii sosscj soi'iirrd nndor soul, ar.d iho f.u'i notoii on hor sjn'oi.!! lioonoo lor fnr-scal lisliiui;'. ^^iicli .seal sliali iiul, lie broken duriuij tho timo fnr-soal lisliiiiir is |ipoliil)iloil. Art. (i. SrivinO'VCfSflii in thf yorth Piicljic Orenn. rust of ISO' lohijilndv : liair li> srriirr f^o/f-cciHiihi't .'() H(,,)it' Port or to lUhiiiiy iSfu diuiinj tlw iiitiiillis of Miii/, June. trn.i Juh. Any vo«.M'l liavin^ lii'i'iK'o to luml fur-soals in tiio North faclio Ocean and iHiiiin^ Son. oast of iMi lonu;iuuh'. siiall. lu'i'oro cutcrini; Hohrini:; Hca, cxccp! In pnv-i'c.i liiitvt to tho port y^i I nalaska Ironi the raoilio <.)ot'an, \ iii passes cast Hard of \h\X p»>jt, ropt^rt to a Customs i.iricor of the liniU'il states, or an ollicor of liio United !»tat<'>" iiaxy, and have all arms and animuuition therel'or ou hoard 5i''curo(I uaitor seal. Tor ot<,\ti(|.>vM. run nl' Kri'ii l\0 WON 1\ lllui', h ri'lri(>ni'i> (,! : |>\nl\itMli'il III >lli>il 1i> ilr|iii^.i( il'iv I ri('('i\i\i r \»liii'l\ liMin: III li>l;l(liMI n< liiiiil i'l (i> 1'.' li');llii'll li> llii< iA'> li' IliiluH a !tr.. IIIIV nliiri'lii'ii, i<<, ill nililil iiiii [V s.'lilill|i,-V<''ini>l > III lliniillli'rr jU'lrilt In ll-i' ii\V Mililor liiT (Minill |il('rr,. Ilii< li'll liiiiiil lii< ji.'il I III llii' lor liiiviiii; or ,M|i|iriiv I'll llii' ikIi'umI Iiv i1ii> Idlrs .'iiul < irr.'il III' Slllllllill ill!'. ire ill rui-M'.'il nr .llilv , lilil\ if in .'I i'nrci';ll ■('(I imilci' si'iil, I sIimII nut Ih< liiiir Id smirr of Mm/, Jiiiii'. lid Occ.'in iiiul Sea, ('x<'('|»t li> scs Cll^tWlllll til' of Uin UnikMl •od uudei- seal. :\ Mnoli qriii ^IimII Hill III- l.iu|,<«ii iliiriiiir ||i.. |lt,„> Iho vi-..i.m| jm in ||p|iriii;r Hnt. nr |'nr-.....Ml li^liinfr iq |iinliil>il.'il In nnlnr ti. |in.lrrl M....H1I-, r, I willm, |l„. ,ii.-'i ..r"||,P Atv/inl iH-lnrnn (III. MUll. ,\|Mil nnil llin Jul AniM.M. Iinl ulii.li Iimm. iimI, violMli'il |ln> liiw. '""" i"'!""!"' '"i^'iii. n, ,|..|M,|„,n. (|„- i,,,|.,|,,,.., II,,., r ,„,,v, liv Miiiilviiur (.. (1... C.inimiMHlrr Ml' iiii\ nni'ior <.r I,, „ < 'n'^lmn.. nlllrnr. (in.l .I.M'l(inii- IIimI. Iir InlVnil 1 lu I"'"" ' '" " '"""" !""'• '"• '' llnlnimv 1^''!'. Iiiivn liir t;,,„|i,,,, ,„,(|)|, „ ,,,| ,|,„|„,. „,,„|^ "!"• " tli'''-r I'I'n'inir ||,i.. «,mI .ilifill .nlrc Hi,. r„i'l timl ilnlr nl' llin Niiinr ii|ii.ii linr Ii.uImmiIi. Willi III.' nnnilin nl' ni-iiI-mKIih mihI Imilii-. i.l' ^,p;i|.) Ij,,.,, .„, |„,;i,,|. ,,iiii niiiii .4(Mll 'iIimII mil. Ili« lirnKnil illllinii Iho Ijnm I'iii'-moiI Ilt4liiii;j; JM |,ii.|iiliil,.<|. .-vci'l'l Ml, II iininn |tnr(. All, V. Cf'Kv,./'' HI llh' \inlh I'liri/ir Orfini, wr:-l .1/ |M(I l,:ii,;ilii,lf' luiir In uniiir Sii/r. luiidinl In Ihiiiir I'nll in In l\iln nuj ,^nl. \'i":urK. i,, .l^iiMlli'Mi. \wilr|i4 ill' iili II, i Siliiinni cnii'il. \ii';l iil' iMl' |i iii ' |l llili'. wi'^iiin.ii. 111 nlniii In <\ 'i r |m>iI iliiiintr Mi\, Jiini'. nr .Inlv, iiiiiv iiiiiilv !'• nir,' llnid'il MImIi"i' (' ;nl:ii nllii't'i. fiiiil liiivn llii ir ui'dlinir nnUll,; '.riiiTil nnili'i' '.;i'mI. nnil llin I'llnl nnli'M'il nn Ilii n In- I |,., iinrji .;>;i| 'i|,i,|| ,,,,1 lie lii'«i|.rn i'vri'|il nl in r liniii> |inr|, (inil '-null 'ir,il fiml .nli;, 'iliiijl I als niid s',<;il-slvins on lio.'ird at (liai, dilr, kiH']iii>j^ a t'(i|)y of tlu> same. ;>.".\tul \vl\iMHvis. by tl\i< Ctli Ims'ii, ry Articli' of llu> Award, ilio use of nets, Ww. ;'.rins. ami r\|dosvvi's arc lovhiddi-n in (ho I'nr-sivil tl^licry, Imf lliat itwtrifliop doi>s ndi a])j)iy (o sl\ot.i,'uns wliiM, sntdi lishini^' I iK "^ jilcv iuitsid(> of Hidiriii!^ Scji durii\i; tlu- si'jison wluMi it may W law I'liUy cnvficd on. any si>alini,'-vossol luivinL: shol-ijunH and ammunilion on lioanl r,\ay, l)i>t'iir(' t-ntoriii;,' Midirin;; Sivi, on Uic aiiplicatioii of fhr niast<>r. lino llu> same scoured under seal, and ;in entry th.'.enl' made on her idcaranc, or lo;;'.l)oe!v : nnd sneli M>al;,i;x-n)> and entry may he etl'eeted in the same manner, iiiiij shall alVordt he same proteelion ;ur.'>inst intei-l'i>reiiee or d(-((Milion in llehrinLjSea dniini: the season when the lisliim;' may lawl'nlly he carried on there, as the seeiiriiij; ol' seaiiii;;: oiitlits u:'iUT the Is! Art iele of these ilcuulations. ■i. The roreu">'i'ii,' l\(>;.v\il:itioiis are inteiided to a'lply only to lii(> si>;isiin ol' )8'.)ri. luelosure .'? in No. 1. Ixfijiddlions (jovrniimj Vrsscls cuiploi/ril m /'Vr-scf// /'V.'./u'tii/. .VUrilMil'; 1. I'.very vessel emidoyed in I'nr-seal tlshinj? shall have, in addition Id the pajH-rs now n^juiri'd !iy law, a speci.it iiicncc I'or rur-s(>al t'lshinL;, Art, 11, Helore the issnar.ce of the sp'cial licence reipiired hy tlu> Mh Article of llu- Aw:ird. the master of any s:ulini;-vesscl piMp.isin;^ to eni:,ii;'e in the fur-seal fishery shall produce siUisfaet;>ry evidence to lhi> olVicer to whom anplieatioii is iiiade tli;i( the inuilers lauployed hy hiiu ,uv ci>mpel(>nt to use A\ilh Millicieii! skill tlu? we;ii)oi\s hy nu\ans of which t!ii> I'ivliini;' may he carried o\\. Art ;{. r.vcry scalinu-\csscl pro\ i.le.i with sjiecial liccnee shall show under 'mt uatii^ual cusiu-u a ll.ajv. tu't less than !• led wide, composed of two pieces, yellow- ;m' '. v Mack, joinctl from i'ne ri^'iit hand uppi-r lorner ot" the tly to the left l\;ind lower '.iv- '^ of the lutV, the pail ainnc and to the left (o he hlacK, ;nul the |)art to the rii;! a,:. l)»>lv>w to he yidlow. Art. t. In order 'n> jirou'i't trom uiincessary intericreneesealim^-Vvssels within the area of the .Vward, duriu;; ihe close se.as.in (^that is to say, hetweeii the ;?(lth April and the 1st Aul;usI), hut \\hieh have not vitdateil tlu' l;nv, ai\y s(>alint;-vessel lawlulls triversiui;, or inteiuiinj:; to u.iveise. l\\c area of the Award diirin;^ the elos(> season, on .:er way to her hon;e i)ort,or loor from tho scalini^-urrounds. or I'or any other le!:;itimati' purpose, may, on the appli.;ilicu of the master, have her sealing; outlit seciu'cd uiidi-r se.U, and .mu entry thereof niiulc on her e!cara!!C(> or lo^-hook, and such scalin^-up and t>utry shall he a protection lo t'.ie vessel ai^aiust inltufcrt-net* or (hMention, durini; the close season, by atiy cruiser so lon^- as the s(>als so atliscd shall remain unbroken, unlc-s there sh.ill he evidence .'f Mi\ vitdation id" Ihe Kishcry ArlloU's of the Awavd notw itiistandiiiLT. Art. ."i. Sucli ^caliim-iM) or eiitrv iu.mv be elVeeled, in port oral sea, bv aiiv N.tval, (.'ousular. or Custoics ottieer of tiu nation to which the vcss(d btdon;j;s. It may also 1 c etreeted in the ease of itritish s(>;»liiii;'-ve.ssels at the Island of .Alton hy an\ Na\al or (.'u^toms olllcer id" the I'nited Stales in the .abseiu'e of any lsels by the Commjimler of a Uritish cruiser. If the master shall so desiic. rlic ollleer clVciiini;' tlu> sealin^-up ;tn(l entry shall i'leli\cr lo him a ccrtitieate of the nmuhcr of seals ami .sc.al-slvins on board at Ihat dale, kcopiu^; a cojjy of the same. An,'.!. A;;. I v !u'rt>as, hy the tUh iM'^-herv Aiii(di' of the Awaril. the use of nets, lire-arms, and explosives is I'vi'I idiica in tiic fnr-se;il llshery, but that restrlclioii does not ajiplv to sbot-^Muis when sue!: lishinir takes piaci- (uitsideof |{ehrin:;8eadurini;' llu' si ison whcii it may lawfully he carried on. any sealinu-vi'ssel iKivinn' sliot-i^tms and .immc.i.ilion on beard \\\:\y. i)ci'ore ciiteiinii' liehriu:;- Sc.i, on the appliealion (d' the master, have tl;e .same .seemed le.derscai, and an entry lhcrt,'of m;',uc on her (dcarante ^ or U>i;'-lK>ok ; ;uhl smd\ sealin--ii[» and entry may he <'ilected in tl le s.imi ,11:0 ler, am Vi*' ;•§» shall alVord the .'>aiiie junlei'iion auT.inst intt'rference 01 dcienllou in liehr' , «ailuriii;; the seaMiM wiicu llie li-lie;y may lawfully be cairietl on t'lcre, as thoseetsringol' sealin;.: DUllitb under the last preceuiui;- Kcmihition. it ll'.a* .hti', r nets, I'li'r- IP lloi'S Mill lUiriiii:: tin- it"U;unH Muil ilioii ol" the VV fll'iiniiCr niinufr. Jiiiil X Sen iluriiii: vj; *)l' sciiliiiLT I 111' lS',)r.. II luUlition In 1 H>;1n'rv sIkiII it till' Iniudrs by moans nl' i\V IlIullM' ^ IT 's. yt'lliivv ,'11' '■ llUVtM' ' >i' ' li(> ri!;l Ma, t'ls within 111'' til Anril anil I'sscl lawlullv ist> st'asiin, n;i r h>;:;iliniatr ■iircil nndiT lii\fi;-ni> auil lUirint; tin' I nnln'oUi'u, >l' tilt' Awaiil ly any Naval, land of At loll )i' any IW'ili>li nm.anili'r of a inlander of a (1 ciiti'V shall at that tlalf, use 1)1' ncis, >liic'lion (Iocs MNidiirinullii' .hot-ij;nns ami r;iliii'l i'\ ill'' her cK'araiui' iiKo u'V, ami vinluriiiii; nugol" sotilinu; 1 .\il. 7. Any \i'.v,t'i of ii,r I nilcd Siitrs may ohtuiii sjircial licrncf for fur-seal lisliiiiL; upon a|)|ili('atioii (k tlic ( 'liicf < Uliccr of tlic (Customs in any jiort of tin' I'liitcd Stales, or lo tin- (■|iilcil .Whiles' ( uii'-nlar otlicer of any |'oi't in Japan, and euiii|dyin;.: willi the rei|iiiieini'nts III' ihese lic'^iilal ime.. Art. s, 'I'lic fore^oiiiL: lli'u'iil.'ilii.ii.-. an; intended to apply onlv to the stasun of No. 'J. N/r ,/. I'duiicc/iilr In lliv i'.url a/ Kimlxi h ij. — [licrvivvd Frlnitniii li.) (I.xtraet.) W'lislnnijlon, .hmuitni 21, iS'.iri. 1 II A \ I', llir honour to Iriin-init to your r.nnKliip a eopy ot a note widch I rcci'ivcd ycsteiday troin tlie Secretary of State in relati'in to the workin;; of the Award Ueunla- (ions for the I'.ovcrninciil of tlio fin-scal (inliery in part of Btdirinj; Sea and of the North i'acitic Ocean. A stroiit,': cH'ort is heiii^ ninde to reopen tlir uliolc (picstion rd' the l''isliery l!e{^ii!a- tioiiH, (111 the ;,n'iiiiiid that the Awiuii lvci;i!alioiiH ;ir(? shown hy experience to havo entirely failed in I heir olijcct, wliich was the preservation of the fnr-.-'al species, and thai, imiesH a speedy ciiiiii;,'e be hrou^dit iihout in tlioso l!e;;ulutions, extenninalion of the lierd niiist follow. 'I'he I'liitcd Staton' (Jovernniciit hasc that concliiHion on the Hcturiis from Uiiittd Slates' Cnstoiim olllcials, and from tin; -alcu of fur-seal skins Id London. in order to avert the dcjilorahle H';>iilt which they predict, they propose the iiiinie- iliate appidnlnient of an lnteii:'iiiotial (.'ommis<n, in which Cireat IWitain, tliu United Stall s. Iviissia, and .lapan should he- ."presented hy experts, eminent tor seientilic know- ledge and prai'li.al aci|iiaintancc "ith the fur trade. They further sii^'f;est that, pending; tlie dcliherations of the Commission, the Oovern- ments al>.)ve named should jii^icc to a inniliis iln ndl, uiidi"' \\hich sealing in i?eliriiiij Sea should he ahsolii'ely prnliihited, and the pri>enl l''i.-.lii'ry l{e;;u!a!ioiis now in force should he extended aleui; the line of the .").">lii de:;i(e of north latitude from the American to the .Asiatic iiore, and he enforced diiiiii;^ the coming season in tlie whole of the Pacific Ocean and \Mitcrs north of that line. iuii..snrc I n N( Ml . (ircaliutn hi Sir J. Piiunnfiilc. I'lMi'lleiiev, Drjiii.fntnil (if Sidtr. i]'iisliiuijl'iii, Jiiiiikii ;j "2", \^',)7>. I Il.\ VI', ihe honour to inl'ovm ymi. for communication to your Oovernment, of the lie. p ffcliiiii' oj solicitude on tie I'Ul of l\:r I'resideiit ot tin' I'nited States with rc;;aiian ports, amounts to ahoat I IJ.UiM), a nsiilt nnpri'ccdented in the history of p'-daric scalin.'. It would fiirilier ; jip'-.r taat tht vess' N (ima;;;ed in lU'hrini,' Sea, altlan./h only one-third of the total iiumhcr employed in liic \oi"iiri'acira'. in four or live week.s killed .'il,.'?') serds — not only over S,0(iO more ihan were Killc.i in IMiiim;' Sea in l^'.tl (tl.:- last yi ar the sea "as oiien). hut even more than the total numlier killed diiiinm the four nionins on the American side of the .\oitli I'acilic this season. This siiMllin- increase ;n the p h.'.iic slaii:.Mter if hoih ihc Ameiicaii an 1 Asiatic iiiids has conviinTd the I'resiiiciU. ami. it is respn'tfully siilmuittd, cannot 'al t ■ coinincp Her Maj. stVs tiovernmcnt. that the Keuulali n--- cnacie.i hy the Paris Tri /mal lia.c ::"t ooiMate! ti". protect the s.al herd from tl.at de-lnictian which ihey Wi'ic ded-md lu 'u liu' l\e"ulatinns he h;oiiui'l ahoiU, c!i' ; .-r.id that, miles- a spec dv eluiii'. .'Xtcrminatmn of the held must I'ollo •.verted. el: a lieplorahle result should, i! p 6 Tlic cxpcricncfi oi the past year under the Regulations has demonstrated that not alone are the United States nnd Great Britain deeply interested in the ((reservation of the seal herd ; Russia and Japan have interests commercially, almost as important. Any new- system of Regulations of necessity should emhraee the whole North I'acific Ocean from the Asiatic side to t!ie American side, and should be binding upon the citizens and subjects alike of oil of these countries. In order to adil to t)nr scieiitillc knowledge upon thi^; question as to tlie habits of the seal, its feeding grounds, and the etfect of pelagic scaling upon the herd, and other similar questions, tlie rresidcnt deems it advisable to suggest to Her Majesty's Government, and to the Governments of Russia and Japan, that a Commission be appointed, consisting of one or mo'c nicn from each country eminent for scientific knowledge and practical acquaintance with the fur trade. This Commission should visit the Asiatic side of the North Pacific as well as the American, and also the islands which the seals frequent, and report to their respecti"e Governments as to the oilects of pelagic sealing on the herd, and the proper moiisures needed to regulate such sealing so as to protect the herd from destruction, and permit it to increase in such numbers as to permanently furnish an annual supply of skins. I am directed by the President to propose, for the consideration of your Government and the Govcrnniencs of Russia and Japan, the appointment of such a Commission, and I am further directed to suggest that during its deliberations the respective Governments agree upon a modus vivrnili as follows : — Tluit the Regulations now in force he extended along the line of the 35th degree of north latitude from the American to the Asiatic shore, and be enforced during the coming season iti the whole of the Pacific Ocean and waters north of that line. Further- more, that sealing in Behring Sea be absolutely prohibited jjcnding the Report of such Commission. '•'^a«ou will shortly commence, and the fleet will leave the ids, i beg to suggest the necessity of speedy action in Inasmuch as the sen \ western coa;.t for the seah regard to this proposition. I have, &c. (Signed) W. Q. GiiESJIAM. I I No. 3. '5 ;', '9- : *, ■ • ■■ Colonial Office to Foreirjn Office. — {Received March 20.) (Extract.) Downing Street, March 19, 1895. I AM directed by the Marquess of Ripon to acquaint you that ho has had under liis ennsiclcration the drafts of an Agroenieiit for the protection of seal fishing-vessels by providing lor the; soaliug-up of the fishiii;; iinph'ments on board.* The consideration of this Agrey unnoc(,'ssivvy renewal in argunieut ited States' stciid of its 'uicnls, the 1() have all vvarrautiug If the Agreement is to lie ren(>wod, therefore, at all, it will have, in Lord Eipon's opinicm, to 1)(> made in a form which, while tending to facilitate the Avork of the cniisors eharccd with llie rnforcomenl ol' Ihe Award, will at the same time oilVrsonie clear advanlaLjc to masters of sealing-vcsse^ who may he invited to have their implemcnfs sealed up. No. 4. Foreign Office to Colonial Office. (Extract.) Foreign Office, April 10, 1895. I LAID before the Earl of Kimherley your letter of the 19th ultimo, relative to the rencnval of the llegnlafions for the protection of seal fishing-vessels during the close season by providing for the sealing-up of the lishing im])lemonts on hoard. Having regard to the views on the subject expressed in your letter, I am to suggest, for the ^larquess of lli])on's considiu-ation, that Her ^lajcsty's Government should decline to renew the arrangemert relative to the sealing-up of arms, on the ground Ihat the jiosscssion of arms is not contrary to the Award Eegulations and that the Agreement, as proved by the seizure of the " Wanderer " and " J'avourite," has not in practice worked for the protection of the sealers from unnecessary interference. Should Lord llipon agree in this course, Lord Kimherley will at once instruct Her Majesty's Ambassador at Washington to make a communi- cation accordingly to the United States' Government, and to take tiie opportunity of calling attention to the fact that American naval olllcers have no authority to seize British sealing-vessels, except under the Order in Council, for offences against the British Act of Pai-liament. It is desirable that an immediate decision should be taken, as, in the event of the AgnM'nient b(>ing ahandoued, it will ho necessary to inform the Commanders of the British and United States' vessels eugugcd in the patrol service during the present season. No, 0. Colonial Office to Foreign Office. — {lieceived Mau 8.) Sir, Downing Street, Mmj 7, 1895. T A^r directed liy the !^^arquess of Eipon to acquaint yoii, for the information of the I'nri nl' Kiniberli'V, that he has li;id uiuler bis consideration your h'tter of tho lOlli April respecting the renewal of the aiTangcnient Avitli the United States, which was made with tlie object of ])i'otectii)g seal lisbing-vessels from unnecessary intei- I'erence during the close season by providing for the sealing-up of the lishing iiiiidements on board. As this an'ang{>inent, as carried out Inst year, failed to serve \\\v. ])Mrpose for which it was intended, Lord llipon concurs in J.ord Kimherley 's opinion tliat it should not be renewed. I am, &c. (Signed) JOHN BKAMSTON. No. 6. The Earl of Kimherleij to Sir J. Pauncefote. (Telegraphic.) Foreign Office, Map 9, 1895, BEilHING SEA. I have to instruct yonr Excellency to inform the United States' Government that Her Afajesty's (jovernment have decided not to renew the Agreement as to scaling-np of arms, for the following reasons : — 1. The Agreement lias not in practice, as is proved by the seizures of tho " Favourite" and "Wanderer," worked for the protection of British sealers from unnecessary inter- ference. 2. The Paris Award Regulations contain no provisions forbidding the possession of arms. I: 8 The United Stntos' Oovoriimoiit should also l)0 iTiiiiiulod that tlioir naval odiccrs liiivo no anthoiity to soizi- l^ritish vossols oxccpt niidcr tlu" Quoon's Ordor in ('onncil lor oflbnoi's ai;aiiist the IJrilish Act of I'ailianiont, which cnihodica, in a Schedule, tlic liecrulations made bv ilie Paris Award. H «< m No. 7. ^V;- J. Pnunrefntr In thf Earl of Kimhvrlnj. — (Hcceivcd May 12.) (To1('u,'ni)hie.) Wuxhinqtoiu Mui 11, lHUr>. JJEIIRIM; SEA. I addressed a iu>tc (o-day to the United States' frovcrninent in the .sense of your Lordship's telo^jjraiu of (he !)th. Simullanoously, T received from pointed as previously su!»f»csted in Secretary of State's note of the lilh'd .January. '1. That the l(>j;islatitm for onforcenuMit of the Aw.ard should he amended — (a.) l?y ])roliil)iti(m in Heliriui;' Sea of lire-arnis adapted to killini^ of seals. (/».) My tlirowini;' on master, as Avas done; in Mehriui^ Sea Act of 1891, burden of proof that liis ship Avas not eniphtyed iu contravention of Act. (r.) |?y enforced .sealinu:-up of seal-skins and sealiiij; implements on board vessels travellini;' Aw.-u'd area dnriiii;' close sea.son, uiuler pain ol forlViinre. ((/.) My niakinL;' liahlo to the same penalty ships not conformim.^ to Uei^ulalions of Awards as ri'L;';u'(ls ln^s. (c.) My enmpcllini;' Mritisli ollicers to seize .ships found in violation of law. ]l is t'urlhiT asked hy Secretary of Slate that United States' Inspectors may Ix! st;iti(ineil ai Mritisli (Joliiiulii.'iu ports for piu'po.S(> of verify in n' Mritisli entries and loi^vs and cxaiiiinini;' skins as to sex, and he oilers reciprocal privilege in United States' port-; to ller .Majesty's (iovenmuMit. No. 8. : ,v .U^'^ I M '• ' ■i.-/ '^*y ' ■ik¥ '■ '' 1' ^^* '■ r-'^^ ^t: • -•f,l' ■ U": Tlic Earl of Kimhvrh'ij to Sir J. Pninirr/olr. Sir. Forriiju Offici ..Inn 17, 1805. I lI.VVI'j received your Excellency's despatch of the 241 Ii .laiiunry, inelosiiii;- a note from ^\r. liresham of the 2;'>i(l January relative to the operation of the liejiiilations laiil down hy tlu' Paris Triluinal of Arbitration for the fur-seal tishery, and the view enteilaiiied by the President of the United States tliat, the IJeiiulations liavinn; failed in tlu'ir object, further provi-ions are required to jjreserve the herd from exlennination. In order to avert this result, Vix. (iresliam had been directed to propose : — That a Cenimission should be appointed by the (iovermnents of Great Britain, the Ignited States, Uiissia, and Japan, consistini;: of one or more men from each country eminent for seieiitilic knowledge and practical accjuaintance with the lur trade. This Commission .should visit the Asiatic side of the North Pacific as vpcll as the American, ami also the islands which the .seals frequent, and report to their respective Governments as to the effect of pelagic seaiinij on the herd, and the juoper measures needed to rcifulute such oealin;; so as to protect the herd from destruction, and permit it to incrensc in such numbers as to permanently furni.sh an annual supply of skins. D ivul ofUccrs ('ouiumI lor ihtMliilo, tlie 11, ISi)-,. use of your th reference note of tlic [)f tlie sumo lie folluwirif; icurrcncc of 1 iiiimcdiato ne to. )rotection of sii!»gcste(l in (UmI— seals. 1, burden of ward vessels ulalions of aw. ors m;iy ho. ios ;iii(l i(),L!,'s Stales' port ■; 17, IHOfj. inolosin^' a Ike^i'ulatiuns lul llio view lavinn; failed rininatiun. n reat Ikitain, from eacl) vith the lur icific as well )ort to their d the ])roper destruction, mnual supply Tliat durinj? the deliherations of this Commission the respective Governments shoidd ac;reo upon a modm vivendi as follows : — " That the Uef,'ii!ations now in force he extended alonj,' the line of the S.'ith degree of north latitude from the Am.eriean to the Asiatic siiore, and i)e enforced diirin;; the (•oniin I "!; Mil 4^ '-• 10 These figurcH include the catch of both Britihh and American veseels. The figures of the Amerifaii catch for hiter years are n;it available, but the Canudiiin catch on the eastern side iu L891, 1893, 18iiii, and 18U4 are given in the utiicial lleport as follows : — lb91 1892 1803 1894 62,995 89,107 28,013 38,044 The American catch for 1894 on the eastern side is given iu the Table inclosed in another note from Mr. (iresham as 17,558, so that the total catch on tliat side last ^uar was 66,602. 'J'his, as contrasted with the catch of 1 8'Jl, shows a diminution of about 12,000. In that year, tliough the modus vivendi was partly in force, the Canadian catch in Behring Sea was '-'U, I4ti, whereas in 1894 it was only 2(J,4'J5. This shows a diminution of about 10 per cent, in the catch. Her Majesty's Government have no Returns of tiie American pelagic catdi in Behring Sea in tlie season of 1891, and are, therefore, unable to make a comparison between the total catch there in that year and in 1894. They are unable to understand on what grounds Mr. Gresham lias stated the total in 1891 to have been less than 23,685, when, according to their information, the Canadian catch alone was 29, I4»;. Turning now to the number of vessels employed in the fishery, these do not appear to have increased, but, on the contrary, to have decreased. There are no trustworthy figures available as to the United States' sealing-vessels previous to those luriusiied for 18U4 by Mr. Gresliam, but there are full oHioial Returns with regard to tlie Canadian sealing tleet, and the following Table, showing the numbers and operations of the Heet during the last four years, is interesting in tlii.>, connection : — "' ■ Number Tutul C'litch Number of lluntei'ii. ou of Vesbeltf. Toiiuagc. both sidi'H (.f While. luiliun. Pacific. 1891 51 3,37H 716 336 50,495 1H92 66 4.466 961 511 46,;i()2 1893 5.5 3,743 847 432 68,231 1894 59 3,866 888 518 90,485 It will be seen from these figures that the number of Canadian vessels and the number of hunters employed on them last season is below that of 1892, the great falling- off'in l>S9;i being due to wrecko and seizures of vessels in the previous year. As regards the total number of vessels, both British and American, employed in the fishery, these are given at p. 186 of the United Slates' Case before the Tribunal of Arbitration as 115 in 1891, and 123 in 1892, while in 1894 they were only 92, a most material decrease. The number of vessels and of men employed on them having thus decreased, while the total catcli on both sides of the Pacific has undoubtedly increased, it is clear that there has been a general increase in the average catch per man and per vessel. This is no doubt due in cons.iderable degree to increased efficiency, to the tact that under the Uegulations the use of the spear has largely replaced that of fire-arms, and that consequently fewer of the seals shut or speared are lost. Much is probably the result of those accidental circumstances of weather and climate which go to make a good fishing season ; ''Ut the fact tends also to show that more seals were met with than before, and, from this point of view, the increased catch does not point to any iminiaent danger of extinction of the species. As regards the efiect of the Kegulations on the number of seals frequenting the Pribyloif Island:!, it seems premature to attempt to form an opinion Her Maiosly's Government have noted the fact, wliich is not quoted by Mr. Gresham, but has been stated on authority, that only l(j,OUO seals were allowed by the United States' Treasury Agent to be killed on the Pribylotf Lslands during the last season. It is a feature of the question which deserves attention, but in the absence of information as to the standard weight of tikios and other uonditions fixed tty that oUicer, it is uut 11 t the Canadiiiii jtHcial liepoi't 995 ,107 ,013 ,044 ble incluuud iti I, didu last yn&r ution of ubuut udiuu catch in la a dituiniitiun lagie catch in I a comparison i to understand been less than as 2l),l4(i. J do not appear Healing-vessels ,re full official le, showing the resting iu this Catch in sideti if itic. ,495 ,;ifi2 •231 ,185 vessels and the le great falling- ar. a, employed in the Tribunal of only 92, a most lecreased, while it is clear that vessel. This is that under the nils, and that ly the result of 1 a good fishing lau before, and, inent danger of frequenting the y Mr. Gresham, by the United last season. It I of information otticer, it is not possible to estimate tlie significance of this restriction. It Anen not, however, nccesfiRrily ])oint to any groimds of iriimediate apprchenMon, as only i'0,000 seals could be taken in 18!)0, though tlie standard in that year was undoubtedly low. In any case, as the number of seals taken outside Rehring Sea on the J^me^ican side was. owinu to the Regulations, much less than usual, and pelagic sealing does not begin in that sea till the 1st August, by which time killing on the islands is over, it is evident that the small take on the islands was not due to the results of the pelagic catch of last year. Taking all these circumstances into consideration, Her Majesty's Government cannot agree that any sufficient evidence as yet exists to show that the Regulations have failed in their effect, or that there is such urgent danger of total extinction of the seals as to call for a departure from the Arbitral Award by which the two nations have solemnly bound themselves to abide. The Arbitrators had before them all the information both as to the condition of the herd and the results of j)elngic sealing which the resources of both nations could supply, and after exhaustive consideration they, in the judicial exercise of their discretion, fixed five years as the jjcriod after which the Regulations might be revised. Only one year has elapsed, and l)eyond thefact that, though the sealers have scrupulously adhered to the Keguliitions, they have had a successful seiison, tliere is no substantial ground to support the contention that the period for revision of the Regulations fixed by the -Arbitrators ought to be so materially curtailed. To .set aside their authority u|)on so slight a ground would, in the opinion of Her Majesty's Government, he a most serious blow to the authority of arbitral decisions, and to the general princijile of arbitration which both Governments have it at heart to Her Majesty's Government are, however, anxious to do all in their power to contribute to a fair and thorough examination of the facts connected with the seal fishery, and to the adoption in useful time of any measures which may be necessary for the preservation of I he species. They have examined carefully the specific proposals contained in .Mr. Grosham'a note in order to see how far any portion of them could be accepted with this view, having due regard to the important British interests involved. As regards the proposed morfiis virmdi for this season, Her Majesty's Government regret that they find themselves unable to accept this proposal. Even if some adequate grounds had been furnished for its adoption in the interest of the fishery, it is to be reiuembered that the sealers have already almost all started, and are now scattered over tlie whole breadth of the North Pacific, where it is impossible to warn them. They have made their preparations on the assumption that the interference and interruption to which their industry has been subject more or less for the last ten years had at length come to an end, and that the conditions under which it might be prosecuted had at last acquired some permanence and stal)ility. To spring upon them again in liie midst of tiieir operations so stringent a proposal as that of the United States would be an act of great injustice, anu would involve Her Majesty's Government in the payment of lieavy conipensalioii. The measure suggested would in fact put an end to pelagic sealing, as it would leave only the four first months of the year, when from various causes comparatively few seals are caught, while the sealers would have to lay their vessels up during the remaining two-thirds of the year. The adoption of such a restriction under present circumstances, and upon the only grounds which can be adduced to justify it, would be almost tantamount to an announcement that, whenever there has been a successful pelagic fishing, steps wilf at once l-e taken to prevent the recurrence of such an event. JSor can IJer Majesty's Government believe that the appointment at present of an International Commission such as is suggested by Mr. Gresham would lead to any useful result. It will he remembered that the Commissioners appointed by the United States and Great Britain, wlio visited the islands in 1891 to examine this same question, found them- setves unable to agree except as to a few vague general statements, and presented Reports in which they differed widely, not only as to the remedial measures necessary, but even as to many of the most important facts in seal life, and only the same result can be expected from a second more numerous Commission. I:*uch Commissioners, it must be borne in mind, can only be on the islands for a few weeks at most, while the period during which the seals frequent the islands extends [638] C 2 W 19 iVki 11 i from May to October or November, and the phases of seal life exhibited are constantly chan;;in<;. 'I'he <|uoslion to be dealt with is the jtrojyress and tho prowth or decrease of tlie herd, and the information roovernnient desire that tlie Regulations made by the Arbitrators for the eastern side of the Pacific should be extended to tho western side, it seems reasonable that there should be iiupiiry how far such extension is necessary and applicable. Tour Excellency is authorized to read this despatch to Mr. Gresham, and, if he should so desire, to give him a coi)y of if. T am, &c. (Signed) KIMBERLEY. V 1 '"*' i ^ V I n t No. 9. The Earl of Kimberley to Sir ./. Puuncefotf. Sir, Foreiyn Office, Mai/ 17, 1895. I HAVE informed you in my despatch of this day's date that, instead of an Internationa' Commission, as suggested in Mr. Grcsham's note of the 23rd January, Her Majesty's Government propose the appointment of Agents to reside on the seal islands, and to collect authoritative information by observations, which should extend over such a period as will be sufficient to enable a judgment to be formed of the clFect of the fishing upon the preservation of the tierds. As the season is advancing, it would be necessary that the Agents should proceed to tlie islands without delay if any investigations are to be carried out during the present year, and I therefore request that your Excellency will call Mr. Gresham's immediate attention to the propo.sal, and report his reply by telegraph. Should it l)e in the affirmative, communication could at once be made to the Russian Government with regard to the appointment of similar Agents on the Commander Islands. I am, &c. (Signed) KIMBERLEY. arc conBtantI) 18C of tlic herd, til Clin only la; le creator part over a sories of a now 1'nels as ily it lo torm a iu<>iitcr on land fontidonco and ) to its appoint- iits to reside on IS, wliicli slionid } I'ormcil of llic ere to eonduct lid hy tlmt time irces, a body of of rcvisinj^' the as possible, the as dusirinK to lly nuiko tlieir •losod in these 10 show a state icriunent would tes, the method ady to do what infi; the present lirst practicable United States, 1 a view to the ;tle independent islands, and as itrators for the ems reasonable icablc. lani, and, if he AIBERLEY. Jay 17, 1895. instead of nn 23rd January, ide on the seal 1 should extend of the ciFect of should proceed nit during the Mr. Gresham's Should it be iu overnment with MBERLEY. 18 No. 10. The Earl of Kimhcrlcy to Sir J. Paunccfote. (Tolcirmphii!.) IJHIlKINCr SKA. Vorrirjn Ojfin; Mmj 18, 1895. pv r have rceeivod your Excolleney's telegram of the 11th instant, reportinji; the oposals made hy the United States' (;overninent. Ill my despatch of yesterday's date, \ have instructed your Excellency lo inform the United States' Uovernnicnt that Her Majesty's Government cannot without further evidence assent to the proposals contained ii'i iMr. (Jresliam's note of th.c 2ard January last, and tliis refusal applies equally to the sii;^'j,a'>tionH contained in parufjraphs 1, 2, and 3 of your telegram. Her Majesty's (Government have refused to renew the A;j;rcement for sealing arms, and this covers the suggestions noted as (u) and (c) in paragraph 4 of your telegram. It would be impossible for the sealers to get rid of arms lawfully used outside the Award area, where their possession is not forbidden. The suggestion {!>) for throwing the burden of proof on the master of the vessel would increase the danger of seizure on iusuliicieiit grounds. With regard to the suggestion (r/) as to the imnishment for infringing the llegula- tions as to logs, in many cases forfeiture would be too severe a penalty if the alternative of a line, inovided by the J. As ir^fnrdu Articlcw 1, '2, ami '.\, which rcliitc to tlic Npcriiil licfiicc. tlio (li^linuniNhiii^ ihiif, iiiiii lh(! littu'SM of the iiicii to lu> iiiiplnyi'd ill tlic tinhcry, Hiilficicnl pnivisjoii luis alirady hccii made on tlir Hich- of (iicnt lliilaiii (in piir'^niiiico ot AriicliN I iiiid 7 of fhn Award Hcuiilatiuim) hy "'I'hc Hchriiit; Sid Order in ( oiiiieil, IsO'i," of wiiich I had the iioiiotir to coiiiiiuinicntc a copy to you in my note ol the , and (( of the draft Mei;ulatioiiit, of the pi'ovisioiiH of liiNt yrar lor tlie voluntary Ncaiiiii;-iip ol arms, !kc., I iiave now received the ohservnlioiiH ol' my (lovermnenl thereon, and I am instriicled to inlonii yon that, in tiii'ir o|)iiiion, tin- arranmineiit in (picntion hiis nn! in practice hecn worked lor the protfction ot British sealers from intfrl'erence, as I ler MiijeHty's (iovcrnmcnt had hoped woulil have heen the case. ThiH is proved hy the seizure of the Hritish sealiiiK-vcssels "Wnnilerer" and " Favourite." The possession ol arms, ^e., hy a sealini;-ves»el within tlu^ area ol the Award during the close season is not, as yon are aware, lorhidden hy the Award llennln- tions, and Col the ahove reasons ller Majesty's (iovcrnmcnt are not prepared to renew the arraiif^ement . No necessity therefore arises for any fiirther concurrenl Ht') (Tclcsraphie.) Washinglnn, May 2H, 18!r.. 1 II. WE carried ont the instructions rnntained in your Lordship's despatch of flic ITtli instant on the suhject (d' the pri)|>nsals made hy Her Majesty's Governnient for the lietter protection of the seal herds, hut the reply to my note will no doubt bo delayed bv the death of the Secretary of State. No. L3. Sir ./. Pmnirpfote to the Earl of Kimhrrlpu. — {Rpcpivpd May 30.) My I^rd, Washington, May 21, 181)5. IN my despatch of the 14th inntant, I had the honour to transmit to your Lordship a cojn' of the note on the siihiect of the Behrinjj Sea Fishery Regulations, which I addressed to the United States' (iovcrnmcnt, announcinvisi(iti liiis anil 7 of flir Icli I liad the H icnardH tlio lioiin, of III)' now rcci'ivcd yon that, in liked lor till! it liad hoped iidcrcr" and ['. area of the ward llcunla- iicd to renew 1 |{('<{uhitionH lie partieiilars I'^ti). that the luoiiM iiiipren- ati's to those writes; " My in the case ot ler the same :'ers liave no in ('(Hindi of ; Hehrini; Sea United Stales' ^CKFOTK. ) 7/ 2S. 1^5. p's despatrli er Majesty's niv note will ) y 21, 18!>5. smit to your Ilc<;ulations, cisioii of Her ntary sealing- ishery season, Government, gainst (ireat oinji; so tar as nffer the Paris 16 I have the honour to inelose ropy of a note, dated the l«th instant, which I have received on the suhjeet troui thu Actin- Secretary of State, and of my reply thor«'*'». "' "^ ^ •. Uhl. in that note, expresses the ileep regret felt hy the I'resid.nt at the decision a . Maje^ty'u Covernnient, and at it-, liavin^' huen communicated at so late a iieriod. He conlendrt, h.r certain rea-ons, which l,,. (i..vei.,ps at eonsiderahle length, that his Oovernineiit were entitled to assume that Her Majesty's (Government had assented to tli« renewal of the arrany;em( nt. He stales, neverllielos, that ids (Jovernment accept the decision, hut they request that Ikitisli naval ollii^crs may he instructed to continue the sealiii(,'-up of arms in the case of American ^eaiill--ves^elH, if ihey sliould lie le.iiie-ted to do so, in order to carry out the i'lesident's I'roclati.atioii on the Hiiliject. lie adds that iiihtruetioui have heen Hcnt to the naval otli.'ers of the United StateV patrollin;? Meet, which (dearly define the powers iiitriisted to them. It may \>v hoped, therefore, that the re>iilt of the present diH(.'UHsion will he to ohviate a reeiirrence of any excess of authority on the part of United States' cruisers during,' this year's fur-seal fishery Mason. [ have, (tc (Si-ncd) .ILLIAN I'AUNCEFOTi:. Inclosure I in No. I!}. Mr. L'hl to Sir J. I'auncejote. Exc(dl<'iicv, I HAVK the communicating tin Washinijlon, May 18, 1805. honour to acknowlediie the receipt of your note of the iltli instant, declination of \oiir (lovernnient toaj^ree upon concurrent Regulations for carryiiiff out the provisions of the i'aris Award uurinjj^ the present season. The reason asaifjned therefor is, that the provisions of the Award relating to the special licence and distiiij.'uisliiiij( lla^ are a heady provided tor in the British Order in Council of the 2iid Kehruary last, and that concurrent Uegulations similar to those ajjreed upon for last season hy the respective (iovernmenls as to outfit and arms of sealing-vessels are not considered necessary for the present season, inasmuch as, within the Award area and diiriii{j the close season, the possession by vessels of said outfit and arms is nowhere forhi(l(lcn hy tiie terms of the Award. As rej^ards the Rej: ihitions for last season you are instructed to inform me that, in the opinion of Her Majesty's Government, " the arranfje- nient in question has not, in practice, been worked for the protection of British scalers from interference, as Her Majesty's Government had hoped would have been tlu case;" and 111 this connection siiecilie reference is made to the seizure hy United States' officers of the liritish vessels '• Wanderer " and •' iMivoiirite." You furtlier call my attention to the staleii eiil, drawn from the correspondence laid before Congress (Senate E.\. Doc. No. 07, pp. -511 to ;>S(i), that the United Sates' naval officers who effected the seizures were under the I'rroiieous impression that they were empowered to apjily the legislation of the United Stale* of the tlth April, 181)4, to those vessels, whereas those officers have no authority to seize hritisli sealing-vesHils except under the British Order in '^'onncil of IS'.M (No. 1) for ofleiici's a;;ainst the British Act of I'arliament of 1>S'.J4, wiiich embodies the I'aris Award Uegulatioiis ; and you therefore request that United States' officers engaged in patrolling tiie Award area during the jiresent sea.son be instructed accordingly. Your present note is the first inliinalion received from Her Majesty's Government that thejointly-drafted concurrent Itegulatioiis for the season of 18'Ji> had not been accepted by your (Jovcrnim nt. '1 he original draft of those Regulations was transmitted by the Secretary of Slate to you on the lijth December, 181>4, for the approval of your Govern- ment. Sul)se(|ueiitly. an understanding having been reached wliereliy you were to confer directly with tlie Treasury authorities on the subject, a number ot m^erv'ews were held by you with Secretary Carlisle and Assistant-Secretary Hamlin on the matter. In the course tlioreof, as I am informed, you sulttnitted a counler-draft of proposed concurrent Regulations, conlainiiig certain suggested improvements over the draft submitted by Air. Carlisle, and after iiielimiiuiry negotiations, covering a considerable period, a final draft was agreed upon satisfactory to you and to him — the understanding being, that one copy thereof should be sulimitted to the President for his approval and promulgation ; while you, for your part, should forward a copy tor the approval of Her Majesty's Government, and for inclusion in an Order in Council shortly to be passed, you having stated that it would be necessary to embrace tlie Regulations in a new Order in Council, for the reason that the last Order bearing on the subject was limited in its operation to the seahug season of l!:;^4. 16 ill ' ^ 1 » t! / Ii l^^f^' 'rii<> I'lcsidont ai)i)rovc(l and signed tliosc llcgulatioiis on the 18tli Jivnunry hist, nnilors(!indinj>' tluit tlioy liiul received vonr iipprovnl, nnd would be forwarded hy }(iu to vour (Jovernnieiit, iis above stated. "While it was not understood that you had antliority to bind your (Joverninent, or bad undertaken detinitively to do so without a formiil tnius- mission of the ])roi)i)sed IJejjuiations, yet the Seeretary of tiie Treasury liad every veiisnn to behove that tlie draft af;reed ujjon by him and you would oo ja-oniptly ac('epte "), which bears date the 2nd Februfuy last. On that date a copy of those ])roposed Regulations must have been in tlie po>sessiv)n of ller Majesty's Government, it having been given to you on the I7th dannary for transmission, 'i'he jneamble of this Order reoites that, "Whereas arrangiuients have iieen made between i'er Majesty's Government and the (lovernment of the \'nited ^^tates for giving elVect to the Articles !• and 7 of tlie scheduled jnovisions. ami it is expedient timt eil'cct should he given to those arrangements by an Order m Council . . . ." The word *' .irrangements,'' as tlins used, -an only refer \'o the proposed Hegulalioiis for the season of IS!)."), which had iieen framed by yourself ai.d Secretary Carlisle, for no other agreement or regulations than that contained in such Regulations has ii-^en entered into this year beiween the respective tJovernments as (o any of the ))rovisions of the Award, and the arrangements f(n' last season were obsolete and non-existent, having been in terms limited to tl'c sealing season of ISUt. It nniy be suggested that the word "arrangements" in the Order in Council of the 2nd l'el)ruary last cannot refer to the draft of llegulations approved '.he ISth January last Ity the President, lor the reason that n> specific mention is made in said Order as to the provisions of said drai't Uegula- tions for .securing under .■•e.-il the outlit and ar.ns of sealing-vr.sscls. The special licence and distinguishing flag, however, were the only matters covered by the said draft of Regulations whicli depended, as regards Ih'itish vessels, for their validity upon, and received their bindiufy fence from, ^- 'd Order in Ccancil. Tt will be noted in this con- nection that the Order in Council of . i^ 27th .Func, 1801., likewise contains no referenvc to the duty ot securing the outfit and arms un.Ier seal, although the mutuaf agreement i")on which said Order and the l{i^gulati(>iis of 18!)4 were based C(mtained a similar provision imposing njton sealers said duty. Tiuvt this word " arrangements " can only refer to the agreement or understanding between Secretary Carlisle and yourself, upon which said Kegulaiions were based, is nnide clear by the use of the same words in identical context in the prevunis Orders in (oui'cil of the 30fh Ajjril and the 27th June, IH'.II., respectively. In the first of these it t>a.s recited that, " Unfil arrangements for giving fu'thcr effect to Articles |. and 7 of t'.ie said scheduled jirovisions shall have been made between Her Majesty's Governmen': and the Government of the United States, the following provi-iori-s slniil have effect . . ." Subsequcatly to this Cr ler, to wit, on the •Mil .May, 1891, the President of the United States signed and .ipproved liegulations ft)r the season ,n" 1804, based upon an Agreement made by yourself and !Mr. Gresham for the respective Governments Articles 7 and 8 of which provided for a special licence and distinguishing flag. The Order in Council following, on the 27th June, ISOi, contains diis significant language; — " And whereas nrrangements have been made for ^'iving further efT'^ct to the .said Articles, and for regulating during the present year the fishing for fur-seals in accordance with the said scheduled provisions . . ." It is thus seen that the first Order in Council of the 30fh April, 181)4, recites (he pendency of arrangements, while the .second Order of the 27tli June, IS'll, recites such arrangements (of the 1th May, 181) t) as having been actually made; and tlierelore the word "arraiigoiuents," as severally used in these Orders, could oidy mean the preliminary Agreement iii)on which was based the IJegidations of IS'Jd, which Agreenienl, as above jtatcii, was exi)rcsxly limited by its terms to the .scaling season of 18',)l, and was non- cxi.stent when the i)reseiit Order was issued. By every sound principle of interpretation and precedent, therefore, this (Jovernntent was entitled to regard the reference to "arrangements" in tlie Order in Council of the 2nd Febrimiy last as relating only to the Agreement readied in the draft IJegulations furnished to you the l/i January Inst, and transmitted to your Goverviinent — which Regulations were approved by the President as above stated — and to hold that Her Majesty's Government, by necessary implication, had ratitleU and rocognized as subsisting .Timnary last, L'd by jdii til lad iiutliorily formnl tnins- ovcrv von son ■opli'il l»y I lie t of i'licl, llii;4 OIIS llilll l)('(>ll , its niillmrity inontioiiod in Jiul Fel)nian- been ill the you oil till' t, " WliiMoas • (jovonimeut led provisiitiiM, y an Onlor in d Honulatidiis 'nrlislo, lor no s li','on I'lilcit (I ivisioiis of I lie it, haviiiij; hvvu that tlie word ot refer to tlie lor the reason 1 dral't IJejiiiIa- speeial lieeiice • said draft of lily upon, and ed in tliis eon- is m; rofereiive ;ual njj;reenient ained a similar ents " ean only yourself, upon ds in identieal 1 June, JSDi, Ills for giving avc been made cd States, the sident of the »ased upon an lonts Ardeles 7 hi.'- Bignilieant P'ct to the said s in necordanee ".)4, recites the 1 1, roeites sueh tlierolore the the preliminary nienl, as above I, and was nou- ns (Jovernuicnt Ciuineil of the ift lU-f^uiatioiis r'.iincnt — wliieii liohl that Her ed .as subsisting 17 the tnoposcd T^efjiilatioiis s.;bnitted as above, by the passage of the Order in Council of the L'nd I'Vbruary last. V,'<' are, liowovir, cniistiaincd to accept your note of the Itth instant as a formal nolifl'-^nion of the non-cunrurrencc in tiie same- by ller Majesty's Oovernnient. II is my duty fo express the deep regret of the President that the HritiT-h Govern- ment siioiild have commiinieated its declination at this late period of the season, after our Consuls have lieen •.istriicted and the pji trolling fleet of the lli.ited State- has sailed under oi!)!■, to the ITlb Jannary last ; mid this (iovernineiit is at tills late dale ibr the lir-l time informed that tiio-e seizuies are made the ground for the refusal by ller M;ijesty's Government toadojit concurreni li'egnlations ibr IS!). In Ml w of your present (•onniiuiiicati.iii on the IJth May, it is proim.ed that no l$rili-vh scaliiig-u-sel now at sea has applied, or «ill hereaiter apply, lor the jirivilege of bavin;; its unllit ami ;iniis sealed up. The oljicers of the United States' patrolling fleet will, liouevcr, be insirinicd that the f.iiliiie of a liriti^h vessel li- have lier oiitlil and arm-- secured nnilci' seal is not :\ vioialimi of the Paris Award or of the ISiitisli Act of Parliament ; liny will also be instructed to refuse to gr::nt tlii^ privilege in the fiituro to Prilish vessels. Similar in-ti uctioiis uill at once be given to our Consuls in .Inpanese and Ibilish tNiliimbiaii ports. >Jot\\i(bstan(ling this, 1 iiave the lioiioiir to reipiest, through yoii, that ller Majesty's (iovernmeiil shall iiotd'y its ollicers engaged in jiatrolliug the .\ward area to seal up the outiit and aiin.'i of .\iiieric.iii vessels a;iplyiug for this privilege, in icconlance with sections I, fi.ai.. I l)(d'tlio Regulations promulgated by the President on the isth January last. With I'uriiHr reference to the precise complaint v.; idi your jircseiit note of the llili M,iv iippi-ars to conve\ •.•e.ieerning the seizures of the 'AVanderer" and "Favourite" a'ld vour n'liues! based tlier(M)n, 1 beg to turtber inforn. ^im that the instruci'ons already ■nven to Uiuted States" olficers as to p.itrolling the .\wcird area during the present season will not admit of any other doubt as to the proper scope and limitation of tl;e Act of Congress approved on the (ith April, HCl. I have, &c. ^Signed) EDWIX V. UIIT, Ariinij Stcrelary. h f' \m^\ IH Iiu'loHiiro 2 ill No. I. 'I. Sir ./. l\ntnrp1'otf In Mr. VM. 31 >. Sir, U'lmliinijloii, Mini liO. |M!».-,. I II.WI', tin- lionoiir 111 acKiiowloduc (lio i«>ooi|il ol\v<>m note of (lit isili insttnil in iO|il\ (<> iiiiiu' «>l (lie Mill, in wliicli I innioiiiiciMl (lio ilcoi'jioii dl" niv (invoniiiuMit nut Id roiu'w Wn (lu« scnstni is;);) tin* oxitcrinu iiliil inr(iiif;oiiu'nl I'oi I hi' vdlimtiiry Mcnliiijr-iip ol .'inns iiiitl in)|)loni<'nlH ol' HhIu'I'v wliit'li whn tiilii|)l«<;iliiiii'i' liiiil lici'ii iiili'ircii Ity voiir lit)>t'iniiit'ni iVoin iIk' tli'liiy in llio H'|il\ lis H«'ll iis fVtmi tiic liiii-^niiirc <>) "Tin' Miili.li llflniiiM Si'ii ()r(li'r III ('iMini'il, 1Si)."i." Yon l>nst' llml iiitt'ii'in'o t>n lln- rcfiliil in (Im! nnlt'i- in <"(niiicil wliicli slates tliat " ft'itain iinanin'iin'iits lunl lift'ii ininli' lnlwct'ii our ifspt't'tivc <«oM'niint'iits," ami \oii coai'lHilt' that tlu' wonl " anaiim'iin'iit- " nin-^l he liolil to inclinl.' till' aiiri'i'MU'iit or niiih'istanilinu In'twci'ii Si'iTfliirv ( ".'ii lislo ami iiiV'-fll' rosiicftin;; tlir n'm'\t'tiit' si-iihiiu-iip ol arms airanufiiifiil. Ill ihi' tirst jiiai't'. I lu'^' loaxo to iciniini _>oii tint as ('Niiliimcil in my nnio nl' ilir lith. ihi'ii' was no " ayroi'iin'iit ni innliistamliii:; " hctuini Si>cn'lar_\ Carli'-lc ami •nysfll r\.i'|il llial ! sluniM it'lfi liis ilrall "'I' |iro|iosi'il Iicunlatiun:^ lor \S\);, ynf wliii'h a <'o|iy mms nn'lii--oil in niv iioliM tn my ( ioM'i nincnl i'.ir tlirii a|i|ii'o\al ami I'oiu'iirrcm'c. In tl:i' m'\t jilai'o, it, appoars to iia\<' onlircly cscapt'il tlio ohscrvalion ol' vom (iov.'rnim Ml that ilif " ariaiiyt'ini'iits " inciiliom ."i, ns well as in Jill till' pu'vioiis llritisli t (iilors in ('oiniril as haviiiy,' hcfii iiiailo lictwi't n the t»o ( Jm I'liiim'nt'-. all' cvpit'sslv slitfd (o In' ariaii;;i'im'iit- lor LiiMH'.', ctlrci to Arlicli's t ami 7 ol l'.<' lu'milaiioii- pifiiihi'ii liy tin- r>i'liiiiii: S.m Nwanl. whii'li n'lalc t" iIm' loriii t)l' l'rriif<'. (Iu> (lis(iiicli\ (• tia;;, am! lIu' (iim'>s t ih>' mumi ciiipliiyi'il. No iiircri'ii''!', tlicictoii'. I'niilii piissililx aii--i< lioiii tlir iai!i;iia;M' ol' the < )i(li'i' in ( 'oiiihiI, thai the arraiijii'ini'iits Iht'ifin im'iilunii'il oxti'mlt-il tti (lie pioposcil roncwal ol tin- iirraiii^i'mi'iil it'spci'tiiij, till' soalin^-iip ol arms. " l'".\prt'ssio iiniiis est cNchisio ahi'iiiis." As u'^aiils llu' lit'lay on lilt' part of lli'r Maji'sty's (iovt'iiimcnl m n'pi\iii;; to (lie propo-al, it slnniltl lit' horiit' in niiinl that llio i|iit'stioii wa- oiio railing lor riin-rnl iinpiiiy into ill.' woiKiii^ of till' arraiitioiin'iit tliiiiii': ihc si'.isiin |,s!i|. ,\ - lii'loic montiom'il, it \\as an I'vpcrinn'iital iiii'a'~iiri' ilf^iunrd lor the irnti'i'tion ami r'nivi'iiiriirr ol tli" niii'^li'is . t ^I'jiliii'; v(«-.si'is. who thriiisclvcs oliji'fti'il ti ii atiiT the oNpciiiin'c ol' tnii' si'asiin. MoM'oM'i. II h'.l lo tlir •-I'l/iiif of Iwo Hrili--li '-oaliiii-v I'sscK liy I'liilcd Stall's' i'nii>i'i> iiiiilor a iiiisMp|in'lit'ii.-.ion l>y Ilio naval oiliriis coiiri'rm'd as ti ihcir lr;;al pioifrs, and III \iol,ii!oii ol till .Vnroriiii'iil In'tMci'ii tin- l»o ( ioiriiinn'iiis o! tlio llli iMav, 1M1(|, (••II' l'',\. I 'oi'. Nil. (i7. p. I'Ji'i, "hirli di'dait' I tiiil nnli'ss ihi-io siionld he ovidi'iifc ■•!' sial Ininliiit;. no M'.iliii'j-vt"-'-i'l slionid hf •oi/od m drt.iim'd inori'ly on acfoiint ol" souls, soal s'»m-. or lishriy iiiiplcnii'iits hciiiL: t'omid viholo uoilvint; of (In- ai lan^riiii'iil tlii'U'l'oro ln'ranif niTc^ary hfloio llor Majt'stv's liint'iiinu III I'oiild lif < \|i.'ili'il to aiiiii' at a o.im lii-i. n Tln'y will Irani, no doiiht wilh ••atisfat'tioii, (Imt the iiistnn'lions m In* h ion mciiiion Im o ln'i'ii soiit liy your (ii)vt>riiiiu-nt to till' ollii' IS of till' I'liili'il Stiiti's' piitrolhii;: lliit.aiiil I '■hall not l.iil lo traiisinil to thoni .1 I'opx of Mill! nolo h\ tiio cailirst o;iporliiiiii \ I haM'. Ac, ^Sii^mih .11 I.IAN r.\iM'i;i'nri.;. No. I I, Sir .1. I^iiuxfi'iitr In Ihi I'liirl ol hiiiiliriliii {l\rr'irr{ Mini il(.^ M_\ Lord. ir.(.v/((»i-/'"". -Wf/v L'l, l^!>... I II Wl. till- iiomnn to inform mmii' l.ordsliiji tliat I di'law'il thr trall^lllis^i;Hl ol a favll'.or iioto from tli - I iiilfd Static" ( mim rnim'iil, daird llio KUli. tni tlif v||l,ji.,.( ol till' !iii--i:il (is!i»'r>. ami "liif'i I hail ri'ipirsio.l llic .\ftiiii; St'c'rolaiy cd Sialo to rri'oii- ^i^Kr, Miili ihi' v.ow to (no v'oriirlion of an orior if fact u'licli appi'.iiod in it, mm II '„'(». IHi»r.. sill iiistiiiil in iiniont 111)1 III M('nlin;;-n|» ol' lo (III' liolliM ' iin'ii ol' (III- ^ (lie ri'|tly nl r ( ioMTIIIlll'lll Ili'Iniii;; Sni liii! Oiiloi ill IIIV ri'M|l(M'livr ll'lll li> inrlllilr ■i's|ii'rl ill;; till' ly liiilr 111 I III' I'lllli'-lr illiil in;-; fur l^'.t.. il|l|ll'IIV|tl llllli ■Hidii ol' yoiii ril of ih;i:., IIS ll< lll'IWl'l II lllc I (ii ,\r(ifli'« t ilr |i> till- t'ollll Nil illl'i'rrili'r, ll. tllill till' I' iiniini;(Mi.''iil •(•lil\in:; to till' riin-riil iiii|iiiiy If llH'Mlinlirtl, niriH'i- III ill" •rii'iii'i' ol' mil' I'liili'il Stiitfs' r ii'^^iil iiowors, nil iMiiy, IHIU. u- I'vuli'iu'o ''t iiiiiil ol' si'hIs. i|Miiv into (III- liM Miiji'sty'^^ III) .Imilil willi ir ( io\rrtiiiK-iil III Iniiisiiiil to M r,i'.>. Il'illl>lllis>i:ill ol I ho -lllijci't ol Stale 111 ri'i'oii- it. 'I'lic iioir \\n< only pIim'iiimI |c. iii« l,y Mi. (JliI to-iliiv, (iihI I liavc ili<' lioiioiir to inrloso ii ('' (iovcni- iiiriii for |H!i:. w noM III Inici', uliilr, nil I),., ivint mry, llrr Mnjc^l v'h (Jovcrninciil liiivr ;|i'cliiMMl to ii(|o|i| il III ictiiniiii:,' till' imti' In nil'. Ml IliI iiif'oriiirl ]„,., in im nnollii-ial jillii, lliat in viru nl'llii- r:i.|-;m'l rurlli in \,\a i,.,h. ,,f llii. lu(|, i,m(,,iii nliilivi' lo tlic M-ruMii of jli^r Mnjo'ily''* (Jovi'innirnt In h'iku tin. aiian;ii mi'iil as lo llii' si'aliiiLr-iip of Jiniis. Ilicrc m'ciiicil In III' no N' till- '-'".III .laniiai_\ la^i llir Srrr.'taiy ol ^tdlr lunl llir lionoiir to a.liircs^ y.iii an iiii]ioilaiil .•'iniiniini.'alioii i.-|ii'.lin^ llii' I'li'-.i.jfiir'i ilirp 'oliriliiili' willi u'^anl to Ilir liitinc III ilic Ala'tluin MCil-lirnl. ami siim^.'siin^ In Hit ,Mail•'^tv's ( ioviMinni-nt thai a ( 'oinini~i-.ion lii' :i|i|iiiinl''il .m luliall of (Jirat I'.i ilain, llii>si.i. .lapan, anr I In- I' nil cil Slates to iin ."--I ii;a|.' ami ri|i.ivl Iniieliinu llii ellieK ..f |iela;;ii' ^.alitiL;, ami llie |iri)|»i'r iii.'a^iire- nee. Mill In le^nlale '-ni'li >.alin:;, '^o a^ to |irnlei'l llie heiil from (li"-tiu.'tiin'.i lleil iliii in;..' llie ili'lilieiatinii- of --Meli a ( 'ommi-sinn a inoiliis i innili lieiii;ieeil n|i'iii e \ I. ml oil; IIm' ana eiiiliiaee.i in llie IJi';;iilat ioiis of llie I 'ai i-. Ti iliiiiial aloiiir ill.' line nf the :'..MIi ile^r.'e ol nnilli lalitinl.' In llie /\^ialie sliore, anil aliMilulrlv |iroliiliilinu -ealin:: in r.elnini; S.a |ieniliiiu' ll"' li'e|init of >,iiili f'nininission. Al I ll.' ilale of I liiil |iin|iiisit inn. ImiI little liiiie .emaineil availalile Inr ri'aeliin;; an aiirei'iiient lietween llie I lo ( Jnv erinniiil -• |iai lii^ to llie !'ari-i .\\vaiil wliiili in 11 1. 1 lie mail" etlei'tnal iliii in::; tli.' |)ieseiil s.aliiiir h' 'a son. ami I'.ir olilaininii tlie enneiirrenee of llie oilier ( lovernnieiil ' iiileri"^leii l.'ns'-ia nml .lajian. ami eaily iiction n|ion the sulijee! was mitiiralU e\|ierl.'il. I hi . I )e|iai Iiim nl i^. Iiiom'v ei , m'I without information a < to win tlier llcr MajeslN'-- ( iiivi rnmi'lil ;- ,Me|iaieil In laf.' elleelive Mleps, a-. sil'.;^e-.|i'il. In ehrek the a|i|iiillim; iliminnlmn nf Ih.' \li>l,an -eal-li.'nl wilhiii llii- area of llie .\ waril, ami fiverl llie immini'iil .lisli ii.'li.H' nf llie iiii|inilanl imin^lrie^ i.'whieli ihc s.il (i-iherie-; ;;ivi' lis;'. .\l this lale ila\. (lie |iin|in ilmn fni a i|iiMilrn|i|.' iiiw^l ii^alion ai rejiorl ean Hciireelv III' e\.i'iiiei| iliiriii.; llie |ireMnl \eai. ami. ^> ■ it ri'imiins a mailer for iirncnt I'oiisiilrriit ion in |ir<'vision of ne\l M'ar'^ neeiU. ihi .1. in hiinv;''' intn iiiore inim.'ilial<' mill nrf^eiil iirnmii.eme IM'- ^eeon.j liram''i nf the |iro|inMil, ami csiieeiitily the iMi|iern- tive neril nl amiiiiii; ii|i.in tin ali-'ihile elo^nre of lieliiiie.' "^ -1 t.i |iila;;ic sejilin'.; until ihe fonr (■overnm.nt-- may reaeh ;i emiM'tiienl accnni on the general f.'a'nres nf (hi! |iro'ileiii. I'lstemleil eiinsi.jeiitinii ip| Ih.' '•iilije't ^ii:ee Mv. (ireshain's note of ihe 'J.ir.l .laiiii 11 \ was written has imi niil\ ennliriinil llie ;.;ra\i' a|i|ire|ien.sion'- then expresseil, lint lui^ lorcoil iiiion this ( •oM'in.ii. Ill ihe .onvielinn thai furl her sn^..;i-. linns ilesi'.;iieil (•• . xiiiiml hy iniitiial a;;ieeinent the siii|ie of ihe Talis Awanl, in onler to make il ime .(leclive for 'lu" |iiirpos(' of presrrvin;; the li'iseal Inril, are warranleil hy the informal .m now in ponscsHion of this liovernmcnl. 'i'he seallm; season of \^'.)\ was I he lirsl iliirin;,' whirli the provisions i.f tie' V^nn Awanl HIT!" a|iplinihle. ami ihe pelai:n' caleh nf sciils, hoMi withont ami within Hi.' >» ilefini'd in the Award, proved to ha\e feoti (he lar;;i.':.l ever known. Tlif stalislies of tlii' seal rnteh.as estiinaled in another note addressed to Vnii liy the Secretary of State on the same day, (he 'J3rd .lanimry, are conlirnud liy Inter knowled;;c. Keliiihle inlormalion dischiKes thai l-'.s.^'.'.'y skins luken hy pelaj-ir sealers in the .\«(rth Paeilic and in lielirin^ Sea, from the .Vmerienii. Russian, and Japanese herds iluring (lie KvaHOii of IH'.H, were sold in London. Careful estimates show tiiat ahoul ."i,(MM» were retained in the I'nited States lor dre^sin;; and dyein;;, making a total ol" l4l,;i2;V To I (UK I ' 1) '2 L'O ■ >- W- ,. ! • •f if • f, * 1 i <'1 , « [1 1 %• 1^^ ', I. SI tliis slumlti 1)0 hiIiKmI ;i1iou( S(10. wlrdi \m>1(' Kiinwn («> liiivc hi'i-n on n vt'sscl lu'lii-vi'il lo Imvo liocii lost, makiii!;- llio IdImI citcli ulioiil ll-',()t»(i, of which r>('),(iS(> wore iiikcii wiiliin llu> moa lovoroil hy I lie !*nris Award. 'I'lio rii!Ii>«iiii;' 'ral)li! ;;ivt>s [\w iiiiinittT ol" skins taken liv ju'la^ic scaliMs williin siiiil area dniin^; tlic vt-ais 1S!1M to ISiM, incliisivf : — 1 S!l I 1 S'.I'J ■tO.MO'.l ^t■^|;l•.J .■i.').i!.sri It luav ln> (■stinialcil. williin innili-nilc linnn seals killed, llie iiodies ol' (lu' greater pari Mdl lieinn' reenvered. An evaminaiion of llicse li^uri's niiisl sutislV tlu> nmst sceplie.il mind that liie lui- scal luM'd will lie spee lilv exleiininat.'d nnless the scope and tin" details ol' the Award slmll 1)0 sniiploineiiled Itv enlaru'cd r^'^■nlati()n. So far as Mw Articles of tlu' Award ndaliii;;' to the North I'aeiiii' Ocean. excliiMve ol' Hehrini; Sea, ari- eoMcerned. \»liertdiv all seal-lishini:: Ironi Mav lo Aiinust is t'orhidilen, nnich ijood has lieen aeeonqdished. and lavomahle residts wore apparent scope of the Award, howcM-r, wiisin opiMiniy Hi'hriny Se.i durini;- Aiiunsi and Sepleinher I • polaj;ic sealing, and pr^'hihilini; only tin' use of lire-arms. it h;is ;ie in support of the claim, that the spe.ar is as de-lrnelive in Hehriu'^ So.'i as the shot-yiin, and sonu> expeils helii'vo thai even i;'rialei iiostriution is .u'eomplislied li\ the use of the speartlian hy .^nns ; fi>r the reason thai liic noise of the latter tViuhlens awav many seals wiiich may lie easily killed while sleeping' on till" water hy spe.arsmen. While the herd is travclliiii'' in the Ninth I'acitic Ocean, awny frtnn the islands, it is very dillieidt to kiii seals with s]ieais, jts thoy are C(mstantly swiniminu:. and larely fomnl .-isleep on llie surface, in IU'lnin^■ Sea, however, the ioneilivs leav(> llu'ir piijw on the islands .and ti'o out for a dislam'e of liti» to ;j(i() miles, far lieyoiid the inlnhiled (id-mile zone. to feed, 'i'hoy.'ire there I'ouml in lari;e niiinhors asleep on the w.iti-r, and caneasdy ho killed hy the silent and skilful spoarsinen. The lari;(' mnnhor oi pups f«M!nd ilead Ironi stiirvation tm llie isl.inds ilurinu !' permitlin;;- any pei,(i;ic sealiiiLi w halever in Pehrinn' Sea. With the ciosnro of that sea to ptdanii' sealiiii;-, .and with llie enroreonuMit of the oiosod season in iho North I'aeilic Ocean as estalilislied hy the .\ward. it is holiev(>d that the seals would reeoive no more than a fair decree of pro- toetion. wlieroliy si>al lishini;- mii;iit conliniie to he prolilalde holh on land and sea lor a loii^ tinio (o come. Tnloss such a ri-slriction in tiie scope of the .\waid he niadi-, the fur-seals will he exterminated for all t'oinmereial iiurposes within a vitv few years at. the most, and the dependent indii^trii's destroyed. 'I'hese oonsideratious. joined to thi> ollicial tiguros of 1.1^1 season's catch, whicli are now delinitidy kimwn, fully hear out the wisdom ami nei'ossity ot the proposals made in Mr. (Jrosham's note of the '2'\\i\ .laniiary, ma.kiii:; it mere than over tho I "residon I 's imperative duty to recall to the attonlion of Her ,M.ijos!y'-> (Jo\ornnieiit iho defects in the form and si'ope of the Paris .\wnrd, and in (he loicuous as to nniount *;■ 11 miscarriage of tlie undoubted piirpi)se ot the Award itself, i found in Article 0, wliicli prohibits the U8e of firo-nrnis luid expiosivcH in ttir seal fishing, tlie only except ion beiny 21 1 ItflioVl'll III (ukoiiwilliiii s williiii si\iil ll'.l II I'.J i:i sr. ■lit III Iv, iliii'il (ivcri il. Hull III. I'lM- ic A« mil slmll 1. CM lii^ vi' i>r is t'dvliiililt'ii, llic hn- cililii; nx'vcr. «;is in .1 p.- .111 hIiiil; at till- sprav i^ I (ni- aiiil sea lt)i" a iu' r.iaili', (lie yi'iirs a(. (iu' to llu' nilicial lit llic wisdiiiii iiiiarv, iiia.kiii;; Her Majcsiv '^ lie U';;islatit)ii (litisli (iovoni u' I'liiii'iivouis DM luilli siilcs, a I lishorics i"i>i' lit lies, may be tortile purpose terms of. the ore iiieiiiiihcnl lils to pr,)viiK' prompt ly met. tioii. tor Her Award, only uj^reoiiu'iit to s to amount ♦.> rticic 0, which xcepiioii hoin^ hIioI-^-iiiih when um'iI oiilsiilc of llchrin;; Sea. 'I'liisprohiliitioii is ijireeted simply iiKiiiiiHt tlie MHO ..r Ihi'se weapons i„r one piutinilar piiriiose, that o!" liillinjj (iir-soal, leavin;^ ihe poH.session ami use lawfni lor all .tin r purposes, siieli as killing.- whales, walrus, sea-otter, hair-seal, anil other animnls i'oiiml within Helirin;,' Sea. Kxperienei has shown it to he almost a praeticil inipos-ihilily to ileleet a sailing vessel in tho art of iisiii;-- lire-arms for (his one proliihiteil purpose. Altlion-li the searehin;; ollieer may he morally certain tlint lirc-arms have hc-en used, and may properly consider the nnre preseneo of fire-arms on the vessel, if accompanied with hoilics of seals, seal-siuns, or other suspicious evidenci;, siiirnticnt jiislitication (even apart from the provisions of Keel ion 10 of the Act of Con-rcss ol' the (Ith April, 1S!(|, which is applicahle only to American vessels) for the sei/.iire id such a vessel, it nnist he apparent that in proceedini^s for coiniemnalion hron-ht in a r..nrt thoiisinds of miles away from Hie place id' si i/iire, it will he almoHt impos^iliie lo sicmr convicHon and hirfeiliirr on the uroiind of dle;;al Use of weapons. l''nrtliciniore. under (he procedure necessarily followiii;; the seizure of a I'.rili^h vessel, the i'niled Stales' ulliccr didivers the vessel, with such witnesses and pr.mi .as he can |iroiluce. I<» the Senior Itrilish Naval (Mlicer at Unalaska. At the trial no IN-proenta- live of oiir (I'ov.'rnment is prcscul, and the Ihitisli (Jovcrimient must conduct the proscculion. ;iiid iiiiisl tnisi to such pn.ol'~ and witnesses as Ihe American ollieer could (•(died and furnish at the time. Under such circumstances, forfeiture of the vessid coiiM not hestii.'d excrpi in IJic cli arest cases of ijuilt. 'i'lie prcdiihition of Ihe use ol' lire-arms iu seal lishiii;;- in rxdiriii- Sea can he cll'eclually accomplished only hy proliihilin:;- the possession of lire-arms in that sea aila|iteil to tin; Killing of seals. The provision id' Section |H (d'ihe Act of CoiiLircss of the (ith April, |s!)l, hy which :: |iresiiiiiplion of a lenal use fioni the possession of iuiiilements forhidden then and there lo lie used is raised, aids m.Uerially Ihe eiiforcemenl of the .\waid iu {\\r. case of .\inericaii vessels, to wliiidi. as I have said, mir Act al'«nc applies. It is ^really to he regret led thai, no cipiivalenl provision is fonud in the itrilisii Ael of Parliament, enacted the isth April, is'.d, for carryiiii; out said Award ; and in this conneciion it i.s sixnilieaiit thai in the prior Act larryiu'.; out tlu" hkkIiis lirnuli o\' the I'th .lune. IH'.)1, fur the prohihilion n\' all sealin:;- in Helirim; Sea (;">! & .'»"> \ ict,, caji. I'.t), a provision similar to that iu the Act cd' ("on;;ress ahove cited was inserted as follows: ■ " If a Ihitish ship is found within ISehrinj; Sea havinn' on hoard thereof lishin;; or slioolin:;- implements, or heal--kins, or hodies (d' seals, it shall lie on Ihe owner or master id' siK h ship to prove that the ship was not iisimI or emjiloyed in conliaveiition i>f this Act." Tlie principle thus enunciated is so e\iilently just and necessary, thai it is not easy to iindeisland why ihe later Itritish Act le;;islalin;; upon the same suhjecl should have contained no similar provision in tei ins cunformiuir to the intendment of the Award. The Scerel.iry of the Treasury is ol' the opinion thai, allhou;^h an amendmeut hiiiiyiny- ihe present. Ihitish Act into harmony \\ith the prior Act and with the .\ .'lerican Statute in this re;;ard would render the task of enforcin;;- the Award much (easier, and ^ive more elleetiial results, the most satisfactory amendment would consist iu common lej^islatimi, reiiderini; a vessel suhjecl lo forfeiture it found iu I'x hiini;- Sea with fire-arms on hoard ailapled (o the killini; of seal. It sliould t'uiliicr he provided hy ciiieiirnnt le;;islation that sealinii-vessels iiaviuM- implemenis or seal-skins on hoard, desirinu' to travi-rse the area covered hy the .■\>\aid during the (dosed season, if licensed, and duriiii;; any season, if unlicensed, sliimld have such inipleiiients duly sealed, and their ('at(di no(ed in the loi;'-hook (a privilege now accorded at the option of the master, under the Hci^ulatiins of IS'.Jo, Aiticle t), under tlie penalty of forfeiture for violation id' this privile^je. This privile;;t', howevi'r, as ahove staled, should not he accorded to vessels having fire-arms in Heliiini, Sea. It is fiirtlier In he noted that, under the Ihitish Act of Parliament, "the provisi(ms ot ' 'I'lie .Merchant Shipping: Act, IS.'it,' with repird to olllcial lo;;s (inchidiiif' the pennl provisions), are made applicahle to sealiu;;-vessels ; " said penal provisions, however, do not appear in the Schedule attached to t'-e copy of tlnr Act in the posse.ssion of the Department. I have, tlieretore, to re(piest that yoi; will ascertain and iiifoim me whether such penalties include the forfeiture of the vessel and cargo. Section S of the Act of (Congress expressly provides that any violation of the Award or !li;gulalions will render the vessel and cargo liahle to forfeiture. It is feared that hecausc of the .spejilic reference in the British Act to the penal provisions of "The Merchant Shipping Act, iR.')J," as to official logs, the failure of a vessel to keep log entries nijglit not bring her is' Lit i-i. '•■i oo V*' ■Vsj.' within tlie ^ionoral liiihilily io roifi-iliirc loiitaiiu'd in tlit? IJiilish Acl. Illllo^s ^uil Mt'iflinnt Shipjiinij Ai't now njiule a piut tiirnot" contnins similar i)r()viHions. Duiini;- tlii> past season, Ion-hook ontiio«* uoro iltilv nifult- hv I'liiloil Statics' soalinn-vrsscls i;i Behrinp; 8oa, and wciv transmit u»i to Con-'riss. Tlie DepnrlnuMil. is also int'orniod that similar i-iilrii-s were matio hy British vessel^ ill l^i'liriiiff Sea. wliii'h I'litrios have ln'oii duly tiansniiltrd In the lhiti-;iess of the tlth April, IS'.li. or tiio Aet of rarlianient of the l.stli April, iMiM. Inasiiiueli as the A«;nil was imi solt-o|)erntive, and eoiitained no penalties for its violation, the Treasury Departnieir, considered that the penalties provided in the SMh-eipient le;:;islation were not retrou-liv ,• and could not properly he applied to the failure to make the Iof the lav Section II of the United States' Acr imposis that dul\ on United States' oliicers dui'i designated li\ the President. Von will recall that Mr. (Jresham .idveited to this point in his note to you of the lOtli April, IS'.M; and in your reply of tin- 1 Ith April you ohserved that, in youv opinion, the word "may" would ho construed as imperative, and that, in any case, the instructions to the naval oliicers would prohalily remove all doiiht on the point. It is now suhmitted, however, that, this detail is too imiiorlant to he hd't to men' ;idininistrative interpretation of a Statute which in terms omits to prescrilie this most essential duty; and. in the jud^inent of tlie President, this discieiiancy in the concurrent Icfii lation of the two couniries ^dlollld no lonuer continue. IJesidis advanciiiii' these considerations in rei;ard to the concurrent legislation for ri'iiulatin^- sealiiij; in the Moith I'acitic and liehriiiji' Sea. the Secretary of llie TreasurN lias iisked me to ascertain, throiiL^h you, wliethe". diiriim' the past season, the ihiiisli (lovi'innient has employed inspectors to verify the lo_a;-ho(di enlries of British vesscds .-is to the numher and sex ol seal-skins landed, in like manner as piMvided hy the legisla- tion of this country. .Ml skins (>iitered diirinu; the past season at I'nited Stales" pDrts. except Tort 'rnwiiseiid, wert' duly examined hy exjiert ins|)ectors as to numher and sex ; hy jin error, however, the skins entered at Port Townsend, «lthouj;h duly examined ;in(l counted, were not classilied as to sex. The Secretary of the Treasury further siif^jjests that the Hritish (lovernmenl he requested to consent tt» the .slationiii^ of liniled States' inspectors at British Cohimiiian ports for the purpose of verifyiiiij said lo<;' entries of British vessels, and examiiiiim' the skins as to sex ; reciprocally accordinn- the British (lovernment a like privilene m United States' ports. I have, therefore, the honour to make such re(|uest, and lo invite as early a nsponse thereto as may he practit'ahle. In thus coinmunii'atiui; to you, hy direction of the President, the proposals and sujii^estions of this (Jovernmeiit, I desire, hy way of recnpitululion, to lay especial stress upon- i. The necessity of immediate aureement to close Behrinj; Sea ahsoluteiy to pelairic sealers peiidiiii; consideration of t!ie jiroposition for exteiulinjj the protective area of the >jortli Pacilic Ocean alonu the ."loth parallel to the Asiatic coast, with iJie concurreiiee of Uiis^ia and .lapan ; •-'. I'lie proposal for a nioilns rlicn|iarlint'iri ( iclroiclivi', |iiiioil lij (lir itli'd for (111' IMIU'O ol' llu' s liavi' licoii status of till- iiswor to tnv of tin- t\v. lit iiiulor Mil' ',0 ships wlitMi Sis that (liil\ 1 rcoall tliat I SHI; aii.l ill ' may " would naval oIliciMs wr, that tills ol a Slatiili' unu'iit. of tii>' ii's Mhould no (•i;ishiti()U i'oi till' 'I'roasiin I, tlie I'ruish isii voss»>l>( a- V the Ic-isia- Siali's" port-. liiT and scs : xaininod and •vornuu'iil lie I ('i)liiniiiian xaniiidiii^' tix' HT III United iivitr as early M'o|)osals and ■special sticks I'iy to pelairic c area of tlie eoneurrcnce iico «»f (Jroat )n ot the liir- liiiiiiH nutu oi le ooncurrtMit iiitiou of the / Secrelary. •_>:$ No. i:. Hurl of Kimhi'ilrii In Visrouitl (loiiijh. ('r.di>-npllic.) ,,y„.,.;f„ (yff,.^^ /„„,, ^y , ^,,.. IN ooiupliaiiee witii the ivipie^l of the Tniteil Stales' (ioveriinient. reported III Sir .1. I'aiiiieet'ote's de.pitch of thi' 21st iiltiiiio, the olIicTs eoiiiinaiidiii!! the Hrifisli shijis of waroii seal-llsiiery duly in Hehriii- Sea will lie anlh(n-i/ed to eontiuuo sealiii!.,'-iip the arms and ainniiiiiition of .\nierieaii sealinij-vessels if reoiK-sted to do so. Vou should so inform the United Stales' (lovernmenl. No. IC. VLsriiinil (iiiuijh Id Ihf Kdil of Kinihriloi. -{Rrrrivrd June I'-J.) My honl. WITH refeivnee to Sir .1. provi(Uis corresiiondenee rt's|)eetiiii;' Her .Majesty's ticneniineiil and tin hiiiitiii',' ill the .Award area. I have have reeeived Iroin Mr. Hid, Actiiii him hy Her .Majesly's .\inhassador ids I'Aeelleney s ahove-ineiitioned i \ our IjcndsMp will jien'iiivi' Majesty's (lovirnmenl were not m ariaii'ji'meut lor sealiiij;-iip of arms area diiriii;; the <'h>se season, and ilisehiiin in advance any res|ionsi! kiiovMi iiich r'-riisai, not coiicedini^. Xrir/ioit, I'liode /,s7(/«7, Jiinr 12, 1*^')'). I'aiineefole'-; despatch of the 21si ultimo and to the sc(>])e of tlie arraiij;eiiu'nts entered into hetwecn • (Jov-iiim,.|il oi'tiie United States with reij;ard to seal the Ikhioiii' to forward heiewilh copy of a note which i ; Seeietmy of State, in reply to the note addressed to nil the •JOIli ultimo. Odpy of which was forwarded in les|i.itch to your ri'inlsliip. tliat Mr. Uh! a^ain expresses his regret that Her ore prompt in notityiiiij their refusal to continue (he on Imard sealiim-vessels in transit tlirouu;li the .Vward he states that tlie United States' (loveniment must lilily for any consele.Ine the n-ecipl of the .\ml)as>,adoi's iioti.- ;)f the 2()th .May last, in eoiitiiination ot previous corres|iondeiice conceriiiiii; th ■ scope of the nrraiiiiements entered into lietween tiie t"o ('.Mcininenls wiiii re:;ard to seal huatinu; in the Award area. Sir .luliaii takes the j^iound, liis!, that no "arraniiemeiits " in the sense of an ayreeiiieiil had hecii entered into liet\M'en himself and ihe Si'cretarv of the Treasury except that .Mr. Carlisle's draft ol'ilie proposed i{ei;ulal.i isfor IS'.l.) slioiild he sulnnitted to Her MajestyV (ioveriinu nt for approval and conciirrem-e ; and, second, in idlect, that the Order in Council for ISJJo in terms excluded, as did die Orders of previous yea;.s, any airanuements for the sealiii;i-up of arms im hoard sealiiin-vessels in transit throiij;;li the .\wartaiidin;; or agreement was reached hetwecn Sir ,liili;iii and the Serretary of llie Treasury as to the form and suhstaiice of llu' l{e^;u- lations in ipiestion, which aureement, in the form oi' l{e;>iilalions prepared hy them respectively, and reduced to writiiii;', vvas to be siihmitted to i..c I'resideni and to Her .Mnji sty's (lovernincnt for approval. Not only was a formal coimtei -draft of those Ue^^iiialioiis siihmitled hy the .Ambas- sador to the Secret ary oi' the 'rreasiiry. hiil the tinni form n!;reed u|ion between them contained many < iiannes sugnestitl l>y him. and. indeed, after ihe a;i;reed draft had been 21 IJ5;SJ'TI : #li : il,' . sent lo llie I'resi'Knt for siirtmlmo, Sir .liiliiiu's letter of tlie 20th .Tiinuary to Mr. Carlisle pointoil out certnin words evidently inscrteil !>}• mistake, and referred to tlic draft as an '■ iirraiiijeiiieiil." Further, Sir Julian is jdenscd to say that it appcarij to have entirely escaped the ohservation of this Government that the "arranfjcnients" men- tioned in the Order in Council of 1895, as well as in all previous Ihitish Orders in Council, as having been made between the two Govevnmcnts, are expres^Jy slated to be arrangenieiii s for givinfjf eflect to Articles 1 and 7 of I lie Regulations prescribed by the Bchring Sea Award, which relate to the form of licence, the distinctive flag, and the fitness of the men employed ; wherefore his I'lxcellency asserts that no inference could ))08sibly arise from the language of the Order in Council, that the " arrangements " therein mentioned extended to the proposed renewal of tlie arrangement res[)ecting the sciding-up of arms. 1 beg to submit tliat the point to which his Excellency refers was not overlooked by this Government in view of the identity of the provisions of the Order of 18r>."> with those of the previous Orders in Council to whicli bis ICxcellency adverts. Knowing thiit the Order ol 1S!)4 referred to arrangements agreed upon between the two Government-!, ns stated in Sir tfulian's note to Mr. Gresbam of the lOlh May, 1!^!)4, and knowing also that lliose arningenientsexi)res)visions, Her Majesty's Government intended in 18',>.") to exclude a pait of the Hcgnlations which were included in the Order of 1S94. Oiherwise a conclusion --entirely untenable — follows that the slightly varied lecital of the Order ol" the 2nd February last must have concealed a positive decision reached by lie- Majesty's Government at that early date to reject the provisions of the arrangement o( .January relative to the sealing-up of arms, which decision was not announced to this Govcmnient till the llth .May following. So far as touches bis Excellency's assertion, tliat no inference could properly be drawn that tiie '•arrangement" mentioned in the OrJer of l^!),') embraced also the securing nnder seal of the e(juipmcnt of sealing-vessels as jtrovided for in sections !■, 5, ami (i of the draft Regulations of ]s05, I have the honour to reply that no arrangements wbateve:- have been entered into between the respective Governments during this year «m the subject in (piestion other tlifin the " arrangenienls " contained in the draft from which "ere phrased the Regulations of 1895, promulgated by the President on the 18tb danuary, and that the reference in the Older in Council of 180;' could only have related to the dratt of IJegulations prejjared liy the Andiassador and .Mr. Carlisle. 'flat the t'llecl of tlie Order in Council in liaiiting the word '''arrangements" to Articles t ami 7 ct ibe Award (thus by necessary imjilicaliDU ratifying the corresponding Articles 1, :.', and •■> of the draft Regulations) was not regarded by tlie liritisb (Jovern- ment as a nhi-al to concur in the remaining Articles of said Itegulations is made evident l)y tiie fad. that formal notification of >ucli refusal was deeineii nei-essary by tiie .Ambas- sador's note of tlie 1 1th .May. I'ntil that refusal was thus tardily c unmunicaled to ibis (iovernmcnt, I repeat that we had every reason to believe that the Order in Council of the "Jnd February last, as conminnieated by Sir .Iiilian to .Mr. (iivsham on the (ith .March last, related to the ante- cedent, " arrangeiiieiits " of dai.iiary last, precisely as did the Order in Council of 189J, relate to the earlier ''arrangements" of that year. Either an arrangement was eiilered into Ibis year on the basis of the draft of IJcgulalions of January last, inchnling the securing under seal of the outfit of vessels, as well as liic form of the distinguishing flag, sjjecial licence, and tilness of seal hunters, or there was no arrangement what- soever made this year. Her Majesty's Government cannot, without manifest ineon- .sistency, rely on the first three .Articles of the draft, wlule at the same time repudiating the remainder. 1 note the Ambassador's suggestion that the cause of the ilelay on the part of ller Majesty's (iovernmeiit in communicating its conclusions in regard to the drafl Regula- tions of January last is due lo the careful iiujuiry euiereil into as to the working of the "arrangements " during lh94, as a result of wbicli impiity it appeared that tin; masters of .sealing -vessels objected to the practice of having their outfit secured under seal after the experience of last season. The only two cases mentioned in Sir Julian's note upon winch to base the contention of Her Majesty's Government that the Agreement between the two Governments of the 4th May, 1S94, was violated, had occurred long prior to the date of the negotiations between Sir Julian and Mr. Carlisle. Correspondence in regard to the " Wanderer " had been exchanged some weeks before between your Embassy and this Department without suggestion of complaint on this [larticular score. m .Tiinuavy to DlTcd to tilt' ;ar:J to have cuts" nicn- li Orders in (iitod to l)e •il)Cil by tlie lag, and the srence could in^eiiK'iits " L respecting rerlookod l)y )r(\vitli those between the 1 May, lt^'.)4, • tlio sealing- Is, it was not intended in der of 1S94. lecitul of tlie 1 reached l)y arrangement meed to this 1 properly he iced also the sections I, T), arrangements ring this ycur iie'dral't from liident on the "i cduhl only r. Carlisle, genients" to )rrespunding itisli (Jovern- niadc evident liic Anibas- rcpeat that )ruary hist, as to till! ante- uncil of 1891. t was entered nchiiling the liistinguishing 'enieut what- ni^e^t incon- ic repudiating part of Her drafl Ucgula- orking of the t till! masters idcr seal after Julian's note he Agreement occurred long d some weeks complaint on 25 On the 2nd Febriiiiry last, the date of this Order in Council, llcr Majesty's (iovern- ment, as stated in my previous note of the ISlii May, presumahly had in its possession the draft of IJcguli-tions of Janiiaiy. It pUo presinnaldy had the lloport of the Canadian ^Miiuster of ^Marino and Fisiicries to the (iovernor-tiencral in Council, dated the 9th .ranuary las', in which full statistics of tiic catch of l.*9t were given, as also log-hook entries of vckscIs entering Hclning Sea, in which Ifeport no mention whatsoever is made of any dissatisfaciion with the llegulations of ISU-t. At tlie time this Iteport was puhlislicd «1! tho sealiiig-ve>-sels Inid retuinod from t!:e cruise of IS'Jt, and on tiie *Jnd February la^t, tlie dnte of the passam: of .laid Order in Council, a large numlier of them had already k'i't for the cruise of l."i>;"i. Liuler all t lies.; circumstances, it heconies my duty to a;;ain express the deepest regret that Iler .Majesty's (joverniiient could have allowed such a space of time to elapse before giving to this (lovenmient notice cd' it^ refiis;il to concur in tliu Hegulations drafted by the Aniliassailor and the Secretary of the Trea^iury in January la^t ; and tliis delay is all the more to i)e regretted, for the reason that the majority of the vessels of the United States' pi-trolling lieet have sailed under instructions that the llegidations of 18U"< apply to Ihitish as well as to American vessels. I must therefore again express the judgment of lliis (jovcrnment tiiat it was entitled to prompt notice respecting the acceptance or rejection of tliose arrangements, adding that it was in nowise bound to regard the tardy communication to it of the Order in Council of the :?nd February last as a notice of the refu^ai, ia wlude or in part, to accept those draft llegidations. Under all these circumstances, this (jovcrnment must disclaim in advance any imputable respoiisihility for any consequences of the delay in niaUing knoun such refusal, not conceding, hnwever, that any woidd otherwise exist. I have, &c (Signed) E;)\VIN' 1\ UlU., AcliiKj Svcretuiif. •No. 17. Vi.yrrjiint (ioHt by liie i iiiled Siuiis' reveiiiie-euiler '• torwin." .Mr. Oliiey liii'onus lae tiuit tiie deelanitioii i I' seizure slates that the V(!ssel was seized for disreuiirdiir.;' the I'roclamatioii ol the i'l-esideiit cjI' the United St;:tes and the Act oi' Coiigre.-,^ of ilie (illi .Viiril, iM)t, Imt ih.al, I'roni :\n e.\aiiiiiiatioii el' the- l!e[iorl of Captain .Miiiiger, ol' the United Slates' cutler "('oruia,"il Wfiiild appeal- that, the seizure was maiie on the "-round tliul tiiere was eniise in believe th.it tin- •" Sh;-lby " had killed I'lir-M-als w itliin the Award area during the closed season. Mr. Uliiey ie(|Hests that tiie (-oiiseut of tier Majesty's liovernun-i'.t be given fiii' the apiHiiiitmeiit of (-ouuiei to rei>ri-sent thi> Cnv<'ni".ient of the L'uiU-d Slates in eoudeuuuitioii proeeedings auainsi the ••S'ni-|l.\, aiui >iieli other Ih-iti-ii vessels us may bj seized this seuaou by ollicers ei in;. United otali-.-. i'l.r violaiioii of th(! llegulations of the Paris .Vwai-d. 3ilr, •diiey add--; that he believes that su(;h aetioii will u'reatiy assi.-t in ihe proper eul'ureeniiiit of tiie .Vwanl jii-ovisloiis. The United States' (iovernnieut are anxious for an answer to their reqcest a-^ soon as is convenient to your liordsbip. I h'.ive, Ike. (Signed) (;0UG1I. 1 lelosure in Xo. 17. Mr. Olnvij In I'lscounl Gouyli. i[y Lord, Drpartmeut of Htnlv, U'lishinijton, June 14, 1895. ;■; I ir.WE t!ie honour to apiirise you of tlie receipt of a letter of the 11 th instant from the Seerctarv of the Treasury, reporting, la view of a comuumicatiou on tht» [03b] * ' M f H, "t- ■■ « Pt 11th ultimo from Capt.ain ^rimi,'cr, of tlw Uiiitcil States' nivcmu'-cutter " t'oi-wiii," llii« siMzurc of the llritish si'iilimj-sfliooiifi" " Sliclhy " on the lltli M;iy last. Tin' ili'ciaralioii ol' sinziire |m'])ai'e(l by Captain ^Imiijcr, ami tlclivrrcil to tin- Cummaiiilim; OllU'ci- of Hit .Majcsly's slii|> " Pheasant,'' stales tliat I lie vessel ua. seized for tlisreLrnnlini,' Ihe rroeinmalion of tiie I'lesiilenl of the Uniteil Strites .ind the Aet of Conu'i-ess of llie ('(fli April, l^'Ji. Prom ;in evaminatinn of the Itcpurl nl' Captain Miiniijer it wonld appear that the seizm-e was made on the >;roMiid "hai there \»a^ raiisc t of illegal killing' dnrin'^- the elox-d seison. to iii>|rue| Captain .MnnL-fr ti; deliver to the Comniandini; Ollieer of Her Majesty's siiip '• I'hea.siuU " aii amended declaration of seizure, assii^nini; as the eause the violation of th;- 2nd Article of the IJe'^ndiitions of tlie J'nris Au.iril, as set forth in l!ie Scliidules annexed to the Kritish Aet of I'arliamenI, known as tlic r)ehrim; Sea Award .lei, of IBUk In this connection the receipt, signed hy th;^ Commander oi' Her Majesly's ship *' i heasant " is i-alled to yuin- attention : — •' Sitloi, Mini ]'.',. 1S<),-. "In aeeonlance with the ])rovisious of section \'2. Article ;). of the Hehrimv Sen Fisheries Award, I have this day received from C. I/. Hooper, Captain t'. S. I*. C S.. e "inniandinir Melirin;,' Sea fled, (he Ih'itish scdmoner '•Sludliy," of N'ictorin, hrilisji Colunjhia. C. Cl.-issen, m.ister. with her tackle, furnitnv. cartro, iiml docnim'nls, seized In the I'nited St.-itcs' revcnuc-steamei- ' Corw in," Captain I'". M. .MnuLrer eouunandin^', for violation )f the Acts of Contrress and uf the iiritish I'arlianu-nt rciyulatinu;' the fur-so'il fisher.es. (Siifiiod) "I'lJVNK A. OWkFomyu, hiriiftninit. H.X., '• Comiiniii(tinij llfr liritmniir Mnji'sfii's .v'/m) ' Pi'irdsunt.' "' Under these circumstances, j rc([ucst thai the consent o!" Iler Majesty's (jovern- uient he ijiven for the appointnnmt of (^onnstd lo repi'csent t!ie (ioverntneiit of the [''liteil States in condemnation proceedin>:s ayainst the " Shelby " .and such oilier vessels as may he s(;ized (his scmsmu hy olliccrs of (lie Cnited Stales for viohition of the l»<':;nlations of the I'aris Award. It is conlldcnily i)elieved ih.at snch .action will siivatly assist, in the proi»ei' enforeenu-nl of the Award provisions. In this connection 1 (d)S(;rve th;it the decdaration of seizure will he anuMuled (i> the end that (he lihid on Admiralty may set forth the hreacii (d' the Iiritish .\c( of I'arliament known as the IJehring Sea Award Aet (d IsUI. Askinir that you will have the, kindness to prompt l\ connnunicate to Her ^I.'ijesty's Covernment the pnrpor( of (his note, .and (> .-ipprisi- nn'. .il your early convenience, of Her .Majes(v's decision upon the sidiiecl, 1 have. \e. (Si-ned) KICIIAUD Ol.Nin. ^■o. is. J'isroiinf Ciourjli to thr /uirt of Kliiilt'-rlcji. — {Rfcrlrnl .lulii (i.) My Lord. S'l'iriiort, Rlinilr Inland, Jinir "2^, ISi)."). WITH reference t) your Lordship'a despatelu'- oi the 17th nltinu), addressed lo bir Julian Pauncefote, containinL;; the proposal- of Her Majesty's (iovci'nii'cnt respeclin.ii the apfxiintnient of Atjonts to resi.lc ori the seal islands and to coIUm'I autliorilativc iidbrniation l)y observations, which slinidd extend over sneh a period iis will be siilficient to cnat)ie a judgment to he formed oi' the etlei-t upon tlu* preservation of the herds, I now have the honour to torwani iRrewilli to your Lordship copy of a unto wdiieli ! have received from Mr. 01ne»,the Secretary of State, in which he ])oints out that, althou'jh the United States' (Government lirmly lielieve tiiat the stii^,'eslioii of IJer .Majesty's Government is inadequate, and cannot satisfactorily take (he place ot' an Inter- uational Commission of scientists, they ure, however, unwillinj; to block the way to a better approximate understanding of the important conditions of seal life. 'orwlii," Ilii> I'VI'cl to till- I' vi'ssi'l \V!\; l!»l!lU'S Mild f I'cpiirl ul' jroiiiul •liai tilt' Award ic jtosscssioii jI-^UUs, aiul ic i):ili'i)lliiin- s apliliculilt' 11(1 th;tl Slid 1, til iiislriK'l ii.>tv"s ship Hie violatiuii he Scludiilcs , uard Aot. of njosly's sliip I i:;. ISl).-. r>clirili'.v Sea . s. n. (' s.. tofia, Mrilisli ni'iits, seized •ominaiidinn', ujuhitiii;;' tlie .iV., ^hriisant.' " ty's (loverii- iiueiit, of tl:e I siicli oilier violation ol" 1 a ctiiiii will aiuetided d' [•ilisli Act of •ate to Her voiir earlv OlAJrV. '■ -2^. is<)r). a(ld|•(;s^cd to ( iiiv.'i'iiieent 1 to eollecl it'i'iod iis will vatioii ol the a note wliieli it-< out tliat, 4 ion of Her of an Intcv- lie way to a 27 .Mr. Ohiey states timt he is of opinion that the proposal of Her Mivjestv's Govern- nicnt may he advanlnuoon^dy iiioditied in the interest of all concenied, and ho ailds that lie IS directed hy the I'resident to make a new propo.sition to Her Miijestv's rJoviinnient hnsrd larpely ui'on yonr I,ord»hip'.s proposal, viz., that three A!;ents .■ach "he appointed hv the I. -iirctive (inverntrents of Crea! Hritaln, Knssia, J;i|mn, anil the United States, twelve Til nil. who shall he stationed on the Knrile, Commander, ami I'rihvlotr Isian's irs;.eeliv dy. T!int these A-eiits he instnieted to examine earefnllv into tlu' fiir-seAl fishery, and t'o iccon.iiKn.l hom time to time needful elian;,'es in the Ue;,'nlations of the Pans Award, and drsirnliie liinitations of the laid eatehe.s of each of the said islands; that within four veara they shall present a linal lleport to their respective nnvernmeiifs; and that peiidiii- "such Report a iimdiis rirrnrli he entered into exlendin;_' the Award Ue^nilations aloni; llw line of the :^r)tli (legrei- of ncitli latitnde from the Amcrienii to the A-iatie shore. Vir. OIney helieves that siieli slanirhtcr as has taken i)!ace within the last vear nH'ords eonehisivo evidenee that the Ucgnlations, as estiihlislicl liy the Paris Award, are not ;:ivi ^' that incasme of protec'ion to ti,e herds that the Arhiir.ition intended, m.il fliat the eonun rcial extermination ol the fur-seal herd, .\siatic as well as Amcriean, mav he regarded imminent. as I have, iS.e. (Sif^ned) OOICII. Fnelosiire in No. l'^, Mr. Ollirii Id ] isciiiilll (iiilll/ll. ^\y Lord, Dvpiulinriil I,; Siutr, i^ii •hii(i;tiiii, Jniic 21, \-'Xi. ON the iTth ultiit o Her Mnje'ty's Amhi'-vadcr haiirlcd to Mr. Uli! a piiiit( .1 copy of an in>truclion frtmi ti:i' Foreimi Oliie< , tiiiieil t:;e I7tli .May, i>;V;. in .iisw.r },> Mr. Gresham's proposals of the 'J'^n! Jai,;: ny hst liJiicliiiiL,' t!ie nci-^iiv of further provisions to preserve the fur-seal herd of tiie Noitliern I'aeilie and I'lhiiie.; .<;-! fiom cxtermii'.ili'M., :i' view of the inadeiiuaey of tbc Ileyiilatinr.s hed d wii l\ i'.e P.riv Tiibuiiid .Arhitralion, and sj)cci(leally replying' to tlie tiroi!ii>al of this (iovermiieiit for the appointment of an International Comniis.sioa hy tlie (iovcninients of the United Statec, Great I5rilain, liussia. and .Japan respectively, to investii>;ite the Inr—eai fisheries id" those waters, end. iiendiiiEC a l^ejiort hy the said Commission, fur a mo(hi^ rirnid! ii\'nU\\yt\\\ir scalinir in ikdiriiiij; ."^ea, and extendini; the lieuulalions ol the Paris Award alun^ the .■^■'Jth dejjrec of north latitude to the sin res of Asia. With i(\i!;ar(l to Mr. Greslianrs statements concernin;,' the startlim: increase in tlie pel:ii;ie sl,iuj:iiter of both the .American and Asiatic herds, I note that the io|ily of tiie KoniLin Otliee taki's the position that this Government, heeaiise of its conteiiti^ai helore the I'ario Trihiinal that the .Asiatic and Arneiieaii l\ir-se.il herds are distinct and do not eomniiiiirle, cannot now with proprietv draw any ini;ie:ic> as In the iHeet of ptdajnic scaling on the .Aineric:in f.ir-scal herd from figures indiee.ti ig iDereastM eateiies over laevious seasons in the total of seals killcl on the Asiatic i;iid .\mcrican sides of the North I'aeilic Ocean. The claim is fa.tiier ailvaiiccd that, althous^li the catch of fur-seals durinir last season on the Asiatic side was i^reater than in any previous year, yet the ealth taken from the Anierican herd (that is, will. ill the Paris .Award area), while .uimiltedly larger than in most previous se;ioi)!;s, was, ill fact, hat as luii;e as ih.at of the season of l><()t. And, in this eomiection, this {lovcrii- meiit is lurllier reminded that the >-uceess or failure of the Kei;nlations established by (he Pari-i Trihunal must be judged solely by their etlxet on tiie herd which th.y were intended to protect. I have the honour to reply that, during the hearings before the 'I'ribunal ol Arhitia- tiun at Palis, it was earnestly contcadcd by Counsel representing (iieat ibitain that the Asiatic and Ameiican herds did eommiiigle. This iael was disjiul;*! by tlu! Air.eriean Counsel in the light of the evidence before tlu in. The Tribimal, liowcvvi. was H'lt eidlud upon to make any dclinile rinding upon this important ([Uestioii. V> l;',!e I (L) not v.i.^h ;o he unders!'.)0'! as exiires-ing any opinion ujion the subject, yet, ill view of the admission contained in liie note of your 'lo'ernnient, in which I coiuidly join, that '• our Knowledge of seal life is still far fn-m complete,'' I leel that this dis|uited iiui-sliin. a^ to wlutlur said herds commingle still reciniivs most careful eoiisiderution and .studv. 1' has been suggested that the .Anierican seal herd, even if not naturally commingling with the Asiatic herd, may have been driven over to Asiatic shores by incessant slaughter during the past seasons. If such were found to be the fact on careful lieli investigation is unfortunately refused by Her Majesty's Government — V 1-:^ I iiivcsliu'alain- 'r()381 E 2 2^ .■•■l-tJ>l' Ji. ['•-:!i.i '■ ■•- <■ it nii^lit ii|)|H>ar tliat (he tot.il •.laiii^litn ol Iui'-miIh mi Imtli Mv-i of tlir Nnrtli Vw'it'u- 0(« an liiis a iiioii' iiitiniatc comu^rtiuii witli tlic inc-ciit coiMlitiiui uC tlic Amcriciin lnr-«ciil held I hall is now adiiiittcd. Ilowrvii' iIiIh may lir, the Korcinn OHirc sicms fo laivo Inlli'ii iiitu the ■^nidii^ cri'iir «)t' assiiiiiiiit," lliiil till' )ii()|i(iHitiiiii III till- UiiitiMl States' (iovt niaiiKiiid. Inciileiitallv, it IS conceded, tlii.-. niiylit liixe rcsnlicd ill lii'iiclil to tiie interests nt' the liiitcd States; liiit the |ii'()|iohitiiin was liaHcd mi hrnad hiiniaiiitariaii )ii'iiiri|ilc.-, m. |iuculiar henctit or III) hciiii; huii^lit save wliat woiilil haxe iiccriied tii all iiiankind liiaii llj>- |ir()|)cr n ".;iilaiimi of these v.ihialilc fishciicj.. It will ccallcd liiat a ).i'(i|iiisiii to cnilirace the wiioli' Norlliern riuitic Oeiiii, iiiclndinu' ll.-hin troiii the Asiatic to tli Liiierieaii shores north ol the ITtli dcijic ■ of north latitude, nnrortiinately, and appi.n ntly at the dilaf'iry instance of the Canadian (lovcrninciit, its nrnposal was iiidel'ii't(-!y iMistpniu'd hv Her .Ma.jeslv's 'lovcninicnt in .June IHSH. 'I'll e (ie\el(ipinciit 111 vaillalde I'ni-si il ti^ llellis t ir 1 1 le coasts ol' .liijiaii an d I tUS<>l.l, lollov. i.d by the eloscil season estahlishcd liy the Paris Award, has induced many scaiinu'- vi's«els to trcinient tlm-t water-, thus ciiiisini; a iinlalde incri-asc in the pilai^ic slani;hler oil' the Asiatic slanuliler lorc! The (i^iiri ivi'ii hv the I'(ir> ii;ii Oliice inclndcd oiilv the in Ja|i:iiie,sc waleis. Addiiiir tlu- siaU killed in Kus^ian water-, we have total of over ~:\,ini{i in 1H'.»;{, ami over 7!»,(MI() in js'.l I. It was to rc-nlate the kiilihir in those waters, as well as «itliiii the I'aris Award area, th.it Mr. (Jreshain's proposiuon ol" the U.^rd January was made. Hut even if it lii> assumed that the American anil Asiatic herds arc distinct .'iiid have never commiiiL'h d, ihe lad still remains that tiie slan-rhtcr of the so-called " .A nicrican " or Alaska hi-lcry ol pelagic seali crd dniini; the jiast season has hceii lifcatcr th;in in any sca-mi in lliu The Foiciyn OIlicc instruction states that ahout I'J.^iW lewcr .seals were killed i'loin this herd in tlic .\warist>, j,s I", a result of I'J'i.'Ml i- rcacluid. .Addinn to the computed I'litisJi catch in Hehrnii,' Sea dinin- is'.ll, the imml)er of seals computed as killed in licluini: Sea by .\mericaii ves.sels in that year, 4,!)'J(', the tct.d niimbcr ot seals killed and recovered within the .\wurd area in Behrin^' 8ea for the season of Islti falls below •J8,()()(i. 'i he communication of the l-'orcign Oliice slates the total catch of Aineric;'.n ;ini.l IJrilish vessels vvilliin the Award area, coinprisini^ the North Pacific in addition to Ik'liring Sea, in J^91, as OS, 000. A careful computation made by the 'I'leasiirv Department of the total catch I'or 1891, based on an (elaborate caiculat ion ol all th clo.-iii in tiio Ca.-e anij ("oiinter-Case of both (ioveri!mcni.s, e>tin:aKs th inber ol seals known to have been killed within tlie ,\wurd area at -l.'"),0.)(i, Icavini tviueiice nu di: about l^'jOOO undetermined as to the locality of the slaughter. Takini;, however, tlic •2'.) TH" .'ortli I'litiiic •ictiii riir-«i'iil iPI'iuil'" ciTiil' (intiiiriril ill 1^ ii|i|ili('iitii)u Xnu'iifan, ns II tlif ti'iitli. 1 side* n\' flic liii 'nlcntiilly, iiitf'l Stuirs; iiir l)fiu'tit or icr ii'.;iiliiii(in iniliir uatMic, li (111- United SC M .|)iiliv(' li;l|i(ini'il l>v I illlll ItusxLi, iiiMiiy scaliii!:- i;;ic sl.iiinhli'f ;ic(i only tlie ■i, \Vf liavi- a ' till- Uilliiii; ill |)n)|»n lewer riierc is fiond M I'eliriiij; Sim e;l a iiiuiilK'r n islaixU ; tlii; li, an- limited )inul^atioii (il iL'd tint 1)1' tlio the -JDlh .lime > w.iriHil went lati>ties ill tlie re so taken — he (iedtielel, tell ot r.iilish eh>sc!\ similar )!, and nl the lies and (ireal Ciiniiter-Case, :'o\st>, :'i,s|". a nil,' Sea diniu'^' vi'ssc'ls in that \\\aril area in Anieriean -and in addition tr> the 'l'iva?iiry ;ii)n ol all the (•>tiiiMit^s the i.'i.MiUt, leavini; .. however, tlie fiKiiics as niven !.y the r.,i,iuii Oilier, (iVlf>0. and siibtraLdiii',' the mimher estimated by other riimpntatioiiH hy the Tii-asniy l)f|.aitiMcnt to have hocii killed in |{ii.>ian waters, H,\:\-J, ur ||.,v(! left .•):»,:)(;s as the maxianini eatch within the Award area for The olllnal -tatement ,,rfhe eateh (or lsheiies ercdits I I.SO.'i (,nt of a total of .VJ.'.'I'J to tlie A*iatio shoie-. I he Ue|.iMt for l-!)l i;ivcs only n total of ;Vj,9I)r>, none hein^' fivdit,.d to Hii>sian waters; neither doe.- the Kejiort of the |!ii:i-|, (\,nimi-sioneis of the eateh of 1>S!M i;ive any nund.er as killed in .Miid water-. U hile admittedly these Uii->iaii eatelie> w-re relatn(!\ -iiiall in thi-. year, and lanie may hy inadvertence have escaped the attention of the Ciniiiiliaii anthoniies yet it i>, dear tiiat'lhe Mritish comimtntioiis of 1n!,| aiii |sll-' are niiclK'd h\ dili'crent method-, omission, if not error, to the extent stated a!)ov( heinif diMiiirily impntahle to the li-„re- ,,f \s{)\, |„ computing the ratch o> 1n!i4, the iiisfriietiuiM.f ii,r_Koi(i-ii Otliie Mate, ti,at, r.o.oO'i seals were killed within the Award area, inrlndin.: ir.rj.'s ;,> the caleh of American vessels. It should he reieinhtred, hotte\rr, that 11, Ihi TieaMiry Depar inenl T die.-, from which the details mentioned in Mr. Cresharn'- i.ofe of the •J.'ird Jaiinaiy were taken, (J,H,3fi skins taken hy Ameiieaii vissids were -talcd .is iin(ieteri!.in''d as to location. Assuming.' that the-'e nnloeated eatche., \\ere (dvidid LetAcen the American and A-iitie herds in the saou' |iro|i(.rtioii as the other skins landed duriie^ the season of l's!)l at American ports hv United States' ves.-el.-., we sh(,iil(i have (or the total catch within the Award area .')."),"':8';, phis t;,l;VJ, or (il.N.'is ill all, upieseiitiii: tli ■ hodies actually recoveVi (I, di-reuardini; those killed lint i.ot recAeiid, iroiii l\\o to (i\e ti.iies us many, aecoiding to the evidence heforc the 'rrihiinai at I'.iris. '1 his total of seals killed and ucovered justifies the repetition of the statement |)revi()i:sly made, that the pelagic catch within the Award area diiriiiL,' the la-f year's fccasoii wiis the l.uu'esf in the history ot pelnuic sealini:, the nearest apnroxinntion hiinu' Mie ^.season ot iN'H.iii whii'li. ( veii on the theory of the Hritish fi-iires, not more than :).i..'i(;>s seals were killed and .-eciired. 1 In sit;"nificaiice of this eateh ol lS!J4will be latier appiceiated wi.en it i- (iiiisidcred that onlv ninety-five vc-seis were emploved as uuainsit 115 in \ii'.)[. It is fuither contended in the Koreiira Otiicc note that tlie inerea-ed catch, with jiropoitionatily hwer vessels, indicates an increased nnmher of seals in ls'.)f as coinpared with ib'.)l, and cun!>ei|ni iitly a hetlor condition o( the fur-seal herd. When, however, tlu; startling decrease of seals on the I'rihylotf Isl.mds pronounced hy experts lo be at least one-hall since IW'ld — inken in coiimetioii with the ureal destruction of pups IVom starvation on tiie islands last season, caused i)y the slauLcht : . 1 ;!ii;!- mothers at sea, is considered, it will ajipear, as is ies|)ectfully siiiri^ested, conclusively demonstrated ihat tlie increased calch is but n measure of the increased edieiency ol the crews ein|)loycd as hunters on the .ca'.i.iir-vessels; that the seal herd is rapidly diiniiiishin;,' in numiiers, and that il. is ii' danuer ot spctdy exlermination niiless cliaiiiics ai'c made in the Regulations cstahlished by the I'aris Award as proposed hy this Government. It is correctly stateil hy the I'orciLMi Olfice note that the catcli in the Award area of lust sea~on outside of Hehrini; S..'a was less than duriim; the season of 1S!(.'>. It should be remenihered, however, that it I'dU only a little slmrt of the catch of Is'.i:?, and that it was taken dnrinu' lour months — .lanuary to April, while the eatch of IMW was taken dnriiii;; seven months — January to July. The prohibition in the Award He;;ulafi(Mis of pelajjie >e:di;i;,- during the months of May. June, and July, however, was calculated undouoteilly io do much i;ood to the herd, and some favourable results mittht iiuturally have h'.iii t xjiected early in the season oil the islands. Nevertheless, alter the sealini; fleet had finished its work in Hehrinu; ."ea, the alariuin;: increase in the number of dead l)iips found on th(-' islan Is (anuniritin:; by accurate estimate to about 2(i,0(lU) revealed unmistakably the fatal error of the Award Kcunlatioiis in openitiir said sea to pelai;ic sealini;. The tiiarvellously increased eHicienev of the pclai;ip seal hunters in the use ol the shot-i,'un and spear, as shown by the eiKU'nious catches oi late years, ind specially of the last season under the Awar would seem to indicate that this decrease is already ob.;crvahle. It is to be jiresumed, however, that for some lew years the pelagic slaughter in IJchring Se:i, the great nursery of the fur-seal herd, can he maintained at figures approximating to or possibly exceeding those of last year. '.?ut tlu; I'lid ear.not bo far off. It is respectfully submitted that such slaughter as has taken ph.cc within tin,- im Ifi-t yo.ir largely of imisiiii;' I'c'i'iilcs — ad'or.ls concliis'vi' t-viiloiici' lliat llic l\('j,ulati()!is, ;is cvtalilisliod liy t'u' I'aris A ward, ai\' not irivin^- that nu'iisiirc of prDU'ctioii tliat the Arl)ili"itors intrmlci!. ('i)inmc'reial oxti'miinalion of t!io t'lir-^cal li.al — Asiatii' a^ wrll as Aimricaii- Is ituniiiu'iit. It is to Iw dccjily vci^ivttc !, tlicrcCori", that llcr Majesty's (loviriimcnt haw (Icrlincd our |irn|iositi(iii-' for tlic a|>|iointnici)t of an Iiiti'riialioiial (!()iiniii:5sioii, and for an oflioiciit modus virriuH. poiidiiii^ a nior<' o(in)]>roluiisi\(' A'^rconuiiit in whicli all t!u' jiariic"- in ii\tcrcst may just share. Whik' thus rric'c'tinu' the snjincstcd Intornational Commission and inndits virrntti, the Fon'iu;n Ollici' instruction siiL^m'sts tliat IJcsidctit Aj^i-nt-. lie ai)|)oiiit<'d l)y the United State-; and (Ircat Britain (o In* stationed oi. tin- I'rihyhill' and Conimander fs'ands, tiiere fo oki'm joint invostii;atini) during the next, four years, and to re[)ort from liiuo to tinie is to tiir condition of the fur-stui fisheries. A!thoa;,,'h tiiis Government firmly hpliovos tint, this sn!;i.'es(ioii of Her Majestv's dovernaient is inado(|uate. and cannot satisfactorily tidsi;)n of Scientist-;, nor suoijIv tlio nix'd of all a<\n\ lor in said widn.i, it is nnwilliuir to hlock tlii> way tc a hetler a|)|)roxin».itc unilcrstandin.; of the iin|iMrtanl conditions of .sea! lite. It is tliouiiht, however, tiiat the British sui?;:estion niiiy he advantatr^'.i.isly luodilii-d in the interest ot" all eoiKcrned, and I am directed hy t!) ■ I'n'sident to make a new |)ro|io.ition t/i llcr Majesty's (iovcrnincnt based l,ir:;i'ly nj)on that r.o'v nuhmittcd liy the Koreii;n ()liic<', to w't : that thri'c Agents each la; .ippoinfed hy tile reS|H-ctivo (»overi!- mcnts of (Jreat Britain, Kussia, .lapan, and the United States, twelve in all, who sliall lie statior.cd on thcKnriK', Conunandt :•, and PrihylolF Islands re:>pectively ; that tlicsc .Aj^ents he instructed to examine carel'nllv .ato the fur-se;d tishcry, and to rceoinmend from tinu' to liaic needful ehanu;es in the Re;j;u!ations ol the Paris Award, and dcsirai)lo limitatioI.,^ of the land catches of each of the said islands. That withi'i foar yeai's they shall nrescnl a final Report to their rcspc-.;tive Governmoiits ; ,in(l tliat, pending' such Keport, a. idits rirriidi he cii!c,',"d into e.xteiidiiiL: tlie .\ward UclmiI itioiis alom; the line of the .'l.'itii deirvee of north latitude from the Americui to the Asiatic- shores. 'flic ini|.'()rtaiicc of the suhjcct, of which, ) !:' (/ovcriimcnts interested must hy this time Ic aluiiidaiitly convinced, leads me to hope for the early and favourahlc attention o!' Mcr .Majestv's (loveimneiit to this ainendcd prr|i:)s.ii. i have, iVi'. (Si-ned) UH'Ii.VlM) (HAI'Y. .\o. r.). J'isrnnnf (iniii//i io tlif .V'/zv/J/fv.'- . ,'" .^Vf/.',v/'/n//. ~ (fh'crivpd Jiihi 1.').) Aiv i.ord. Newiiort, Rhndr If'.'ind, Jidij I, ' -•!),■'>. I II W'l' the 1 ' nour to traitsmit copy of a iiotCj d.ited tiie l.st in.sfant, from the Actinii Sec'O'arvot State, coninicntini,' upon the inadctiuacy of the lueasurcs .idiptid In Her Majesty's (Jovernnicnt for the patrol service of tlie Norlli Paeilic Ocean "lui Bei rinii' Sea durinij tlie season of JSy.'i, and askin;]; for the more active and eflcietit eo-ope:.iiion in enforcini;- the Ic^fislatioii concurrently enacted for cariyin;:? out the jirovi- sions of fh(> I'aris .Award which tlie Tnitcd States' 'vovernnicnt lielicves it has (he ri,L;!i( to es|)ect fiom Her .Majesty's (Jovermacnt. Mr. Uhl also urircs that an early answtsr should be "fivcn to the notes addres.scd l)v tlic Tnited States" (iovcrnmcnt to this Kndiassy on the 10th May and ■ Kli June respectivi'ly transmitted to tlie F-ar] of Kimherley ii. despatches of the Ulst Ma • and ITth .Iiine last. In the, note of the ii.'th Alay, it was jiropo.sod that the oirryiuL' of (Iro-arms he prohihited in'tiie Behrinir Sea, and tliat ill';u,al um' >!'n'! he [iresumod from the posses- sion y' slial! DVcscMl >l)ort, a "/"^ I iim.'t by this lie altoutioii -.)'.' ) olAl'Y. r,.) (('// 1, '"-'.iri. laiit. rmni llic vc.'s atl''pt''i'oiin ■"lul iuid I'tncidil out tlir iirovi- l has the ri.i;'hl otcs addressed 11(1 : \\\\ .fiino •J 1st Mil- and if fire-ftrnis hv. oil) tl:e |lOs>^•s- M-ive pi'vinissioti lilies l)e reprc- •tlier sei'/od by •. \v. (fUUGTI. Iticlosiire 1:1 Nil, r.». Mr. I'hl to ]'i^r'iiinl (in /li. ^h i''"'>l' Di-imiiiiirnl lit Sllllf, l\'il.lliiii:/l(ift. Julii 1, Isil.'i. Vol!!' Hole (if tlioiinli May last, inCoriniiit,' nie l!iat llcr Majeslv's (Joveniiiieiit hud desi;-nated liie naval vessel-, - Njaiphe " ami " I'lieasaiit " lo pal ro! that part of the Norllt Paeilic Ocean and I'lehrin- Sea enii)iaceil within llie toinis of ih.' Award of the Tiih;;!!:!! of Arhitralion darin;^ the scasui o,' I,S:».'>, was diiiy received and eonimunieatod tt, llu! Se'Totary eonipare I with Ihe steps taken hy tlie I'nited Stales' ( loveriiinenl ti the.^inu' enhii;;'- within Ihe Award area >\ere nndir the Ihitish (la;;-, while of Ihosc which entereil ileinin!;- Sea less than (Mie-half were Unilid States' >e.s>els. in tliat yi'ar tw(dve I'nited 5»tat s' vessels were ilcMnnated hy liu" President to patrol the Award area, vi/,., ilie " Moliicaii." •■ Heiininnlon," -Alert," " Kanu'er,"' " Vorklown." "• Ad.nes," "Cdncord," and " I'eirei," tiu- reveniie-(MUter>, ••Corwiu," "' Rush," ami " Mear," and the l'"isii I Oniiid.-sio!! steamer - Aihat'o^s. " 'ihe expense attending the proenci; of tiie.>e ves-ids in liie North i'acilic Ocean and Heiirin;;' Sea lor the si'asou of 181)1, exehisi\e o[' the pay ol ullicers jind men, and also excliuiin:;- ration-, as lliS,gt)4 dol. 11) e. For the jireseni season of is;),i» iln' di-erejtancy. alllmuirh less juaiked, i-> still U'lfeworihy ; the conditions umler which .he patrol ot thdse scalin;;' waters is conducted impose, in some respects. morM()tection id' seal herds from illici'. destruction, Tiieii! is i;ra\e reason (./ suspect thai d;tiin:x the apjiroachint,' season in IJeiinu;- Sia, whic!: opens on the 1st An_mist, seaiin!j,-ve.-sels will laki' advantage of the rel'u^al of the Ihilish (Jovernment to contiuut liie A;;r«'emenl of is. it. wh.teli providr^l f.u' tlie s(.aiin:;-ui) oi' arms of .^ueh vessels while in iJehrini; Sea, tiicrehy inereasini;- the demands upon the vigilance of the patroilinfi licet to detect I'vasions and inl'raeli(Mis of {lie provisi(n;s of the I'ails Award. In a Ikiport from the riiile;i States Kish C'ommi-^sion recently Iran-mitied to the 'J'reasury Ihparlment, it is ^taled ; — " We may reasonahl\ expect a llcid of (itty-six ves>eis in lho.':e w.alers (llehriii;; ,Sea) lieiiiinliny I'eliriiii;' Sea, the sealers aj)pear uritilieil o\er the fad liiat tiieir lire-arms cannot h:: scaled up. 'i'liey cmisidered 'lie .•.ealin:;' of arms a ;;re.il iiaidsliip, and their satisfaction over carryin;; tiicm unsealed must mean a dcHermination to use tliem whenever they ;hink it naie to do so. Some of iheni say that when the djipan lleet heir of this they wid -end more \e-sel-. to tin.' --ea. 'I'here is little dmiht iuit tl>at tire-arms, carrieii into tlie sea, will he usen." While the sealm;; Heel in llie Award area is ahout tiie same in numhor-i as in IS|){, the Hrilish ves.seis already cleared for the fur-scal lisherics oiituuniher the Aiiiericaiis so cleaied in the proportion of alioiil twf) to one. The United Slatis' palrolliiti;- licet fur *his season consists of seven vessels, viz., the reveni.-'-cniier.s '• Uush," ■• liear. " "('orwin.'' '• Wolcnti, ' ••Craiit." and ■" I'erry," and the Iwsii I'ommisMon steami'r •• .\lhalios>.' In view of the vast aica to he patrolled, this (iovernmeni is constraineil to sny;iest that the detail of two naval vessels oi:ly on the pari of Her Majesty's LJovernmenl is lotallv iiiudeoiiate to Ihe performance of the jiroper ^haie of the work and responsi- hilily\)f patrol, which necessarily I'ails to that (Iovernmeni. 1 am, therefore, moved to invite, tlirouiih you, the earnest aUenlion (d Her -Majehtv's (.ioveriiinent to this matter, and to a^k ior the more atlive and ellieient i!o-tiperation in enforcin;^^ tiie lo;^islalion concurrently enacted for carryin;; out the provisions of the Paris Award, whicli this lioverument helieves it \u\> u ri',;hl to expect Iroin Jlor Majesty's (.Jovernment, in view of tiie joint ohli<;[utiona which re«l upoii tlieiu in thiH re^'ard. ■>'^- Wl While trcatiufj of tliis suhjeet, I Itey to lulvorl to the iiiH)ortiinfe of ol)tiiiniii;; from Her Miijesfv's (•overtmicnt ii spccily answer touching;; tlie eliai);^i's proposed in tiie scope of the I'aris Award, and ll;e practieai)le sii;;j;estioiu and requests coiiiaiiied in my note to Sir Julian Pauneefote of the KMli May last, and in tiie note ol" Smrjetary Olncy to you of the 14tii ultimo. I refer partieularly to the proposition in my note of the lOtli Moy, that the earrying of lire-arms in IJthrinj; Sea he prohiliited, or tliat illejial use shall he presumi'd from the possession of weapons, tlie use of whieli is pro- liihited, as now provideil fur in Seelion 10 in the Act of ('<>n;;re-s ofliie titli April, ism. ami MS was ft)rmerly provided for in the IJrilish Hehrinu; Sea Art of 18'Jl and the Seal fishery (North Paeiiiei Aet of ls<.K3. 'I'lie in)le of the 1«Uli May'Mnrlher retpu-sled permissimi to ;ip|)oiut I'Xperts h oliieers. 'I'he foren'oini; su^^uestions hein;j partieuiarly appliealtle to IJehrin;; Sea. where tiie Keasoii opens on tin" 1st Auy;ust next, it will he hi^'liiy desirahle to have a di^tinel under. Htai'.dinji- \\\v.)\\ the suhjecl reached hefore that time ; ami I tiiereforo renew the previous re(|Uest for an i.aily answer. 1 liavi', i\:e. (Sii,Mie Lord, ForvKjn Oj/ii:e, Jiihi 22, T^On. I ll.W !■! considered, in eomnuinieafiiiii with the ."'ctretai y of State for the ColonifS, the note fioni .Mr. I'hl, (jf wiiieh a copy wa> inclosed in \our 'lespateli nt the I2tii ultinio, with regard to the relusal of iler Majesty's (Jovernment to renew the ai^reeuiciit lor the M';dirr.;-up of arms :ind other impli-ni'.'nts on hoard scalin^-vessels. I have t(j instruct u)ii to address a i.ol'; to the United Staie->' (JovcruuK'ni, stating; that the Airaiii;eMic;it of IMM on tiii.-. subject was altogether out.sidc the purview of the Order ill Council of that year. Under that Arraniicment im iulinn was c^pcct of it, and. so far us llir .M:ijc-,ty's cruisris were eoiKcm-d. any acfUMi talvcn was nntiuctii>iis issued hy the lioard of Admiialtw You will point out that the inl'cicnce wliicli Mr. Uli! diaws from ihc idi ntity of the Ordir ii, ('i.uticil -.1 this jcar with that of iHOt cMiimit, in the ei-eu'estances, he su-tniiicil. I am, Xt-e. (Sign.. I) SALlSlUiltV. .No. Jl. 7''(" Miiiijiir-s III Sni,.\ltiiiii til I'Iscnuiil Gouijh. M V l,..rl. I'd.iii/n ()//iii; .hilij 2!>, ISH,'). I ll.W'l) icicivcd lud eoiisidered, in eoiwultation with the .Secretary of .Stale fur th.' t'i'luiii'>, your ilespiiteh of the "J.'^lh ultimo, contaiidm; a new proposal I'rom the I'liilid Slates fiU' tlie appointment ol three Aj,^ent.-. iiy (ircat Ih'ifain. Ku,>ia. .Iap:ui, atui tic rniit d States respectively, to he stationed on the K'u-ilc, Cocaiamf •■, and I'ldi} loli Itdiind.-:. In :hi iitite, uf which yy M.ites, were taken from the t'anadiin Ollieial lliturn-. the estimate of the total catcli of |.'S'.)1 (Drilish and Ainericnn) heiuir that of tlic llritisi) Hehring Sea C'oninvssioiiers. The mlutement llmt • 8to Xo. 79. T""^ 39 a small ;ort of tlie catch of 1891 was actually made on the Asiatic side of Behring Sen will be rcfeiTed to the Canadian Government for verification. With tiiis object, you should furnish the Governor-General with a copy of Mr. Olney's note of the 24th ultimo, and you may inform the United States' Government that steps are being taken to investigate this particular point ; but you should state, at the same time, that in any ca.se their criticisms do not appear to invalidate the contention of Her Majesty's Government, that there has been no such alarniins,' increase in the pelagic catch of seals ou the American side as to justify any extension of the Regulations solemnly laid down by an International Board of Arbitration, for a fixed period of five years, after an elaborate examination and an exhaustive discussion of the voluminous evidence presented on both sides. Notliin;^ but the nlisolute concurrence of the two Governmjuls in the necessity of a oliange, based on new and unilisputed facts, could, in the view of Her Mujesty'> (loveininent, justify any departure from the Regulations prcMcribed by that Triliunal before the time appointed under the Award for their revision, should such revision then b(! ealled for. You should point out that even on the figures given by tlic United States' Governnifiit, the catch of IS'Jj, on the .American side, was prnctically the same as that of 1894, iiiid tliat the greatly increased dexterity with which the scalers are credited, and especially llic fact that tlio I)ulk of the catch was made with spears instead of fire-arms, justifies the conclusion that the catch of 1894 was secured at less cost to the herd than that of 1S!)1. You are authorized to state, in reply to Mr. Olney's note, that Her Majesty's Govern- ment c;uiii()t recognize that Russia and Japan have any interest in the seal fishery on the Ami-rieiii side of the North Pacific, and that they cannot therefore take part in any inijuiry on the I'ribyloU" Islands in which those Powers are associated, but that they are ready to appoint at once an Agent to inquire conjointly with an Agent of the IJaited States alone, as already proposed ; and they would also be ready to consider any retjuest from the two Powers concerned to join in an inijuiry on similar terms with Russia and J.i|)an (t?spcctively in the Commander and Kurile Islands. I am, &c. (Signed) SALISBURY. No. 22. The Marquess of HuUsbuiy to I'iscount Gouijh. My L)r(l. Foreign OJficr, Auijiist 10, IS")."). THK liarl of Kimbcrley, in his telegram of the Uth .May, rcciucsled Sir .1. Pautieet'ole to inform Mr. Gresham that Her Majesty's Government were unwilling to renew the Agreement with the United States of the I'Jth -May, I'^'Jl-, relative to the Hcaling-up of arms on board scalers during the close season in Bchring Sea, because the pos^r-siiin of arms was not cimtrary to the Award of tho Paris Tribunal of Arbitra- tion,, and because, as proved by the seizures of the " Wanderer" and " Favourite, " the Agreement had not in practice worked for the protection of British f.ealers from unnece-sary interference. His Hxcellency was also requested to remind Mr. Gresharu that United States' naval otlieer.-. have no right to seize iJritish sealing-vcssels except under the Order in Council for otlenccs against the British Act of Parliament which «'mbodies the Award Regulations. The circumstances in connection with t!ie seizures of the " Wanderer " and " Favourite," above referred to, have been most carefully considered, after sinrc delay occasioned by the necessity of obtaining full information, including Reports from Ailmiral StcplieiisDn, the Conunander-in-chiet i>n tlse North .Vmeriian Station. The " Wan.krer," while in the waters atleeted by the .Vward, and during tiie closf season, was Iriarded, and the nmster tvained by an otlicer from the United States' steamci " Yorktuwn ' of the provisions of the Award Act. A certain quantity of arms and unnnunition wan sealed up, and the master signeil a statement that the lire-arms, &c., then produced were all that belonged to the vesel or to any per- " Pheasant " The grounds for the seizure, as given by the Commander of the " Concord," were " the possession of an unsealed gun and ammunition in contravention of ' The liehring Sea Award Act, 18'.)4,' clause 1, i)aragraph 2, and clause ii, paragraph li, as well as of section 10 of the President's Pniclamation." The jnastcr protested, one of his grounds of protest being that the gun and ammuni. tion were the private propoify of the tnato, and had Iwcn hidden without his orders or knowledge. The master also said that he wan making direct for St, Paul, a port in United States' territory. Admiral Stephenson, the Commander-in-chief on the North American Station, having, after due consideration, come to tlie conclusion that the vessel could not be successfully ])roseouted. decided not to take j)roceedings against her, and directed tiiat she should be released. The vessel, however, was unable to complete her voyage, and the master, on behalf of those interested in her, advanced a claim to tiie amount of the market value of l,()fK) seal-skins, 250 dollars on account of (hunage done to guns through sealing up, and 120 dols. oO c. paid for provisions, with interest to be added. The "Favourite" was seized by the United States' war-vessel " Mohican " while sealing in liehring Sea during the open season. 'J'liero were no fire-arms on board with tlie exception of one rocket-gun, to bo used for signalling purposes, and this ap|)eared on the ship's manifest, signed by the Collector of t'ustonis at Victoria. \Vhile the schooner's jiapers were under examination by an ollicer of the " Moliiciui " the master produced the signalling-gun and placed it on the table before the examining officer, who expressed himself satisfied, and entered the following in the schooner's log:— " Bdarded the • Favourite.' Found V.g correctly kept. No violation of Kegulations, as per log. One shot-gun unsealed." 'i'iie " .Mohican " steamed oll'aluiut 2 miles, but returned. The same officer boarded the " Favourite " again, and ordered the master to take the schooner's pa])ers and the signal-gun on board the " Mohican." There he was informed that his vessel was seized for having fire-arms on board. Lieutenant Wadlmms, who was in command of the " Mohican," stated the grounds for seizure to l)e that the vessel had on board a double-barrel shot-gun, which was found upon trial to carry No. 10 gauge cartridges, and to shoot accurately at least M yards, and that the po.isession of this shot-gun was in contravention of Article G of the Paris Award and of the United States' Act of Congress. The gun in question was carried for the sole purpose of firing rockets as night signals. It was old, barely 1 1 inches long in the barrels, with a pistol-handle grip of 9 inches, and quite unfit for killing seals. Not only was the gun mentioned in the ship's manifest, but the master stated that he was verbally authorized by the Custom-house official at Kyu(|Uot, where, previous to the opening of the fishery season, his fishing implements had been .sealed up, to carry it and rockets unsealed. Moreover, Comnninder Hunter Hlair, of Her Majesty's ship " Pheo-sant," and Captain Clark, the Conmiander of the " Moidcan," had agreed to authorize sealing-vcssels to carry the means of signalling ; and the former stated that had application been made to him he would certainly have permitted the " Favourite " to carry the weapon on account of which she was seized. No cartridges, or shot of any kind, wore found on the vessel. In spite of the master's protest a prize crew was placed on hoard the steamer, by which she was taken to Unaiaska, and there handed over to the Commander of Her Majesty's ship " Pheasant," by whom she was ordered to proceed to Victoria and report to the Collector of Customs. The latter applied to the Admiral for instructions, considering that he was not justified, under "The Bchring Sea Award Act, 1894," in taking any action against the vessel ; and the Admiral replied that, in his opinion, there was no ground for a prosecution, and therefore rcqaested that the schooner should be released. nPip 88 The master has preferred a claim for 22,430 dollars, the amount at which he estimates the loss incurred by the interruption of his voyage. It thus appears, both from the information obtained by Her Majesty's Government and from tbe statements of the United States' naval officers themselves, that no evidence existed of any unlawful fishinp: operation on the part of cither of these vessels. Had the master of the " Wanderer " intended to violate the Regulations, he would presumably not have limited his preparations to a single gun and a few cartridges, and it seems highly improliable that after Iiaving lieen boarded, and having had the skins on his vessel counted, he would have run the .risk of being discovered with fresh skins on board. With regard to the "Favourite," the evidence seems conclusive that the gun found on board was intended solely for signalling purposes, and that it was not suitable for killing seals. The fact that no cartridges or shot of any kind were found on the vessel affords ])resumption almost amounting to proof that this view is correct. It must also be remembered, in considering the case of the " Wanderer," that the arrangement for the sealing-up of fishing implements was not obligatory, but was to operate only on the application of the master of a vessel traversing Behring Sea for any legitimate purpose during the close season as a protection to the vessel against inter- ference by any cruiser in the said waters. The "Favourite " was seized during the open season when the Agreement was not in force, though the entry made in her log by the United States' officer seems to indicate that he was not cognizant of this fact. The t *.atemcnt8 made by the United States' officers of the grounds of seizure show, moreover, /uat in both cases they relied upon that part of Section 10 of the United States' Act of C" .gress which reads : " or if any licensed vessel shall be found in waters to which thii; Act applies, having on board apparatus or implements suitable for taking seals, but forbidden then and there to be used, it shall be presumed that the vessel in the one case, and the apparatus or implements in the other, was or were used in violation of this Act, until it is otherwise proved." That section has the obvious efi'ect that without affecting directly to enlarge the obligation which the Award imposes upon sealing-vessels, it creates an artificial pre- sumption of guilt springing from facts which otherwise might not be evidence of guilt at all, and thereby indirectly makes the Award weigh heavier on these vessels. It is not, however, necessary to discuss the provisions of the Act of Congress. Whether an offence against that Act was committed or not by cither the " Wanderer " or the "Favourite" — a point which seems open to doubt, especially in the case of the " Favourite " — the officers of the United States' cruisers were not empowered to seize the vessels, except under the Order in Council for offences against tbe British Act of Parliament, which embodies the Award Regulations. Those Regulations do not prohibit the possession of fire-arms, nor do the Behring Sea Award Act and Order in Council of 18'.)4 contain any provision corresponding to that in Article 10 of the Act of Congress. A duly authorized officer of the United States is warranted in seizing a British vessel, if he believes, or has reasonable grounds for believing, that the British law has been violated, liut he is not warranted .'n seizing her if there are no reasonable grounds for that belief, nor is he warranted in applying to British vessels the doctrine of presumptive guilt which is contained in Section 10 of the United States' Act. The seizure o[' both tlie " Wanderer " and the " Favourite " was grounded on what, even if it was an otience against the United States' law, was not an ollenco against British law. For this reason Her Majesty's Government consider that the officers of the United States' cruisers were not justified in .seizing the vessels, and they feel bound to present to the United States' Government the claims for compensation which have been made by the owners, and to request that they may receive the consideration to which they are entitled. You will read and give a copy of this despatch to the Secretary of State. I nm, &c. (Signed) SALISBURY. No. 23. The Marquess of Salisbury to Viscount Gowjh. (Telcgrai)hic.) Foreign Office. August 29, 1895. WITH reference to your despatch of the 17th Juno, please ascertain and report by telegraph t^ hether the presence of Counsel on behalf of tbe United States' Govern- t63«] F2 36 mcnt in the British Courts is desired for the purpose of taking part in the proceedings, or only for that of watching the case. No. 21. Viscount Cough to the Marquess of Sulisbury.— {Received September 7.) My Lord, Newport, Rhode Island, August 19, 181)5. ] HAVK the honour to acknowledge the receipt of your Lordship's despatch ot the 29tli ultimo, containing the views of Her Majesty's Government with respect to the new proposal from the United States for tlie appointment of three Agents hy tJ'cat Hiitnin, Russia, Japan, and the United States respectively, '.u l)e stationed on the luirile, Corn- mander, and Pribyloff Islands. 1 have tliis day addressed a note to Mr. Ohie'^, embodying the views of lier Majesty's Government concerning this new proposal. I have, &c. (Signed) GOUGH. No. 25. Viscount Gough to the Man/ueas of Salisburif. — {Received September '2\.) i^Iy Lord, Newport, Rhode Island, September 7, 1893. I IIAVJC the Iionour to report that I was received this afternoon by the Scciefary of State at hi* house in Boston, and read to him your Lordshi|)'s dospiitcli ot" tlie Ifith idtimo relative to the claims for compensation made by the owners of llie Ihitish ships *' W anderer " and " Favourite." Mr. Olney said that he would take these claims into consideration. I have. «S:c. (Signed) GOUGD. No. 20. Sir J. Paunce/ote to the Marquess of Salisbury. — (Received September 24.) (Tolei,'i'ai)hic.) Washington, September 23, 1895. \\'l'rH reference to your lordship's teligram of the 2!)tli ultimo, it is desired by United States' Government tiiat Counsel representing their (jovernnient, in cases such as those referred to, receive permission to examiite the pleadings, be |)vesent at trials, to make to the Government Counsel such suggestions as may seem necissary for protoctinj,' the interests of the United States, and for the proper enforcement of the I'aris Award. it is, of course, understood that in similar cases before the Courts of the Unitid States liki- courtesy l)c extended to Counsel representing British interests. Ai No. 27. Viscount Gough to the Marquess of Salisbury. — {Received September 2l.j Ify Lord, Newport, Jlhode Island, September VA, lb95. W ITU reference to Sir J. I'aunccfole's despatch of the -Ist May and to previous conTS[)ondence respecting the refusal of Her Majesty's Government to renew the arrange- ment for placing under seal tlic arms and ammunition carried by British sealing-vessels, I have the Iionour to transmit herewith copy of a note which I have received Iroin the Acting Secretary of State on this subject, inclosing a Report addressed to the Treasury Department by Ciiptain Hooper, the Commander of the United 8tatc«' patrolling Hect in the Behring Sea. Captain Hooper states that the masters of twenty-eight British scaiing-vess'jls, at ore time assembled in Dutch Harbour, formally applied to him to have their arms 37 placed under seal, nnd were unanimous in recognizing the advantages of sucb a measure. Mr. Adee observes, however, tliot Captain Hooper, acting in accorduncc witli his instructiotis, declined tu accede to their request. I venture to call your Lordship's attention to the stntemont ot the conclusion of Captain Hooper's report, viz., that seals are not unf'ri'(|iiciuly, when killed with spears, found to have gun-shot wounds previously received, and that "these wounds on the skin might raise a presumption that tire-arms had been illcijally used by their capturers, unless the innocence of the capturers were nuidc nmnitist bv the arms on board being under seal. I have, &('. (Signed) GOL'GII. Inclosurc 1 in No. 27. Mr. Adee to Viscount Gough. My liord, Department of Slate, Wasliiiifjton, Septrmhrr 11, I^Oj. IN connection with the Depaitment's note ot the 18th May last to Sir J. Pounccfotc in regard to the action of li.e (ioverinnent of (Jrcat Britain in refusing to permit British sealing-vcssels to have their arms and e(|uipnient placed under seal by naval ollicers. I have the honour to transmit herewith an extract of a rcpoit to the Secretary of the Treasury front Captain C. Hooper, commandini? the I'luted States* patrolling fleet, dated Dutch Harbour, Alaska, Sth Augu«t, IS'jrj, in which lie states that at one time during this season there were twciity-cM!;lil British scaling-vcsscls in the harbour, and that they formally applied to him to have tlicir arms and e(|ui|)iiient placed under seal, but that, acting in accordance with his instructions, he declined to accede to their request. In view of the fact that the IJrilish (Jovcrnment has conununicated to th.it of the United Slates its relusal longer to permit tlie sealing-up of arms and equipment on scaling- vessels on tlie u;round that such iUTan-.;cment had not worked satisfactorily in pra:tice, 1 desire to call to your attention the further statement of Captain Hooper in tliis report, that said British masters were unanimous in their desire to have their equi|)ments placed under seal, stating that the refusal of the British Government above referred to liade.\p'j«*eil them to unnecessary rir'i. I have, «&c. (Signed) A. ADKE. Inclcsure '2 in Ko. 27. Captain Hooper to the Secretari) of the Treasury. United Slates' Rerrnw-culter Serricr Steamer " Rush," at (Extract.) /'"'' "/" Dutch llarbour, Alaska, Aufjust 8, \^\}'}. I'"()IITY-S1X soil of vessels were at anchor in Dutch Harbour, mclndiiig the seven that arrived previous to our sailinu:. These were boardetl and exannned by the " Rush " and " Grant." Thirty-nine proved to be scaL-rs eleven American and twonty-eii;lit British. Of these, six American and twcntv seven British vessels were from their home |).>rts ; while five American and one Britisii vessel were from tin* .Fai'an coast. All vessels from their home ports were without guns liaving taken the precaution to leave them behind. Several of the masters had a revolver, wliicli they desired to Keep for self-protection. ' • • • • • • The masters of the British vessels applied to have their s|)ears, guns, and revolvers sealed np, but were relused. There were so many expiossions of dissatisfaction at this, that otficers were sent to moke a canvass of the British scalers to ascertain how many were in favour of having their arms secured under seal. , They were found to be unaninious in favour of it, and all stated that the relusal of tiic British Government to allov it done exposes them to umicecssary risk. They say ;: Si.. ' * I 88 it is no uncommon thing to spear a seal that has previously been shot ; and they under, •tand that the presence of sucli on board a vessel currying unsealed guns furnishes grounds for sei2urc. No. 28. The Marquess of Saliaburi/ to Str J. Pauncefote. Sir, . Foreign Office, September 27, IBOo. WITH reference to my despatch of the 10th Aujjust and to other correspon- dence rciatiii? to the seizure of (ho sealing-vcsscla " Wanderer " and " Favourite " by United States' cruisers, 1 have to request your Excellency to inform the United States' Government tliat British naval ollicors will decline to take over any British vessel sci/.ed by an American cruiser unless the declaration of seizure alleges a specific ofl'enco which is a contravention of the British Act of Parliament. I am, &c. (Signed) SALISBURY. No. 29. Sir J. Pauncefote to the Marquess of Salisbury. — (Received October 7.) My Lord, Newport, Rhode Island, September 24, 1896. ON returning to my pot>. after leave of absence, I found that there had been some misapprehension with regard to the communication to the United States' Government of your Lordship's reply to their propotal for the inspection of scals-skins at Columbian ports. I have accordingly addressed to Mr. Olney the note, of which I have the honour to inclose a copy for your Lordship's information. I have, &c. (Signed) JULIAN PAUNCEFOTE. Inelosurc in No. 21). Sir J, Pauncefote to Mr. Olney. Sir, Newport, Rhode Island, September 24, 1895. WITH reference to your note to Lord Gough of the IStii instant, in which you renew the inquiry contained in Mr. Adec's note to him of the 13th instant, as to whether Her Majesty's Government have come to any conclusion respecting the suggestion made in Mr. Uhl's note of the 10th .May last as to Mic stationing of United States' Inspectors at British (Joluinbian {loits for the purpose < : /crifying log entries of British sealing-vessels, and examining the skins as to sex, witij reciprocal privileges to British Inspectors in American ports, I have the honour to inform you that at the time of my departure for England on leave of absence early in June last, I was under the impression that the answer of 1 ler Majesty's (iovernmcnt to tliat proposal, as well as to all the other proposals contained in Mr. tiresham's note of the I'Srd January, and Mr. llhrs note of the lOtli May, had been substantially conmiunicatcd by me to .Mr. Uhl on the 27th !ilay, when I had the honour to read to him, and to leave in his hands, a copy of tiic Earl of Kimberloy's despatch to me of the 17th of that month. As regards the particular proposal relating to Inspectors, I had previously been informed by the Earl of Kimberley* that it was not acceptable to Her Majesty's Govern- ment, on the ground tlial the matter is already provideii for by the Award Regulations, the sealers being bound thereunder to keep n record of sex. Tno proposed examination by Inspectors would, therefore, only be of use in the case of skins taken outside the Award area, which is not a nuittcr of special concern. • Sec Nn. 10. 30 1 regret that the reply of Her Mnjcsty'g Government to the proposal in question kIioiiKI not have been nindu more clcnr, iind that it hIiouIiI have remained in any doubt at the Department of State, during the period ot my aliscnee. I have, &c. (Signed) JULIAN PAUNCEFOTE. No. 30. -S"/r J. Pauncefote to the Marques% of Sallsburtf. — {Received October 28.) "My Lord, Waahinaton, October 17, 1895. WITH reference to previous corrcspoudcnco respcctii.? tho seizures of the British scaling.vesst'ls the "Wanderer" and " l''avourite," I luive tie honour to forward liorewith to your liOrdsliip copy of n note, together with its inclosu-.e, which I have received from the Secretary of Slate on tlio 8ul)ject. The inclosurc gives the report of the Attorney-General of the United States on the elniuts, which \a adverse to their validity. I have, &c. (Signed) JULLVN PAUNCEFOTE. IncloBuro 1 in No. 30. Mr. Olney to Sir J, Pauncefote. Excel loney, Department of State, Wushinijton, Oc/oter 14, 1803. UI'jFL'URING to the claims preterrcd by Her Majesty's Government for compensa- tion for alleged unjustifiable seizure by United States' cruisers of the British sculing- vi^HcIs (he "Wanderer" and tlie "Favourite," which claims were brouglit to the attention of this Government through a despatch of tiie Hritisli Foreign Olfice to Lord Oough, read, and a copy ihereof given to tlio Secretary of State the (ith September, 18, 1 have the honour to state that the (piestion of the validity of such claims, and of any lial)ility of this Government on account of such seizures, has been submitted to the Attorney-General of the United States for his opinion thereon. The opinion of that oHlcer, copy of wliich is appended for your information, is adverse to the validity of the claims, and rests upon considerations of such conclusive nature nnd elTect that the result, it is believed, can hardly fail to be acquiesced in by Her Majesty's Government. I have, &c. (Signed) IIICHARD OLNEY. Inclosurc 2 in No. 30. The United Stales' Attorney-General to Mr. Olney. Sir, Department of Justice, JVashington, October 3, 1S95. IN the matter of the claims presented by the British Government for damages on acccunt of the seizure by United States' cruisers of the British seahug-schooners " Wanderer " and " Fuvourite," I have the itonour to give my opinion, as requested by your letter of the 27th September. It ap|)ears from the letters of the Secretary of the Treosury to yourself, dated tlie 12th June and tiic 24th September, which you inclose, that these schooners were seized by American cruisers, one in the North Pacific Ocean 0th .lune, 1894, the other in Behriiig Sea 24th August, 1894, nnd delivered to British naval otllcers with a written statetneiit of the facts upon which the seizures had been made, which officers, without in anywise invoking the action of the (Courts, released them, having reached the conclusion after investigation, and upon legal advice, " that no case could be made out against them." The British naval officers, in releasing the schooners, apparently proceeded on the theory that they were invested with the authority of an ordinary examming Magistrate or Court to determine whether the accused vessels should be subjected to regular judic'il i '■ i i :m 40 ¥ inquiry or not. So acting, they Becm to Imve held that the statcnients of tiie United States' Commanders, as well ua the lacl!i developed hy tliuir own investigation, failed to show eviMi probable cases of violation of tlic laws tor tlic |)n'servation of the fur-'icals, passed in pu'suance of the Award of tiie Tiibuiiivl of Arbitration at I'aris under the Treaty betwion 'he United States and Ore;it Britain, condudod at Wa^liiiiiitoii 2'Jth February, IVJ-'. (See Act of I'ailiamcnt, 'J3rd April, 1894,57 Vict., cap. •_'. -U L.U. Statutes 4.) The statements made and drlivcrcd by the Unili-d States' oinccrs weri- to the ctiecl that proiiibited and unsealed fire-arms, toi^cthcr with lar^e niiinbers of seaUskms, were found on board the seized schooners. In Ilie case of llie " Wanderer" at Kast there wore other circumstances of suspicion, such as evasion and concealment. The allei^ed ilelects in these statements were that they merely set forth as |,'rouiids of seiiure the tacts above statcJ, but did not specilically assert that sjals had actually been taken contrary to law. In other words, considerini; the statements as pkadin;;'', tht-y set lorth mere evidence and not the ultimate tact. I find nothins^ in the Brilish .Statutes, or in the ord'Ns and instructions issued for tin- due execution thereof", wiiicli recjuiri's any formal chari^e by oilic .is making seizures. "An indorsen-.ent of the grounds on which it was seized" on the eertiticate of the vessel is required when it is retunu-d to enable the vess;-! to |)r(>cee(l to port for trial (.'J7 Viet., cap. '2, sec. 'J (I). Section I'J of the Act ol ('oui,'rvss, authoiizini,' si'izures of Amcricin ships by Hritish oilicera, provides for the delivery with the ship ol " anv witnessi's and proofs on boartl.'* ^Aet approved 'Ith April, 1891, 2"> Statutes, j2,) Tiic instructions of the Secretary of the Navy to the C'ommaiulcr of llie United States' naval lone in Hehiinij Sea, dated 4th May, l»'.(4, a copy of which was sent i)y tlu* Secret. try ol Stat;' to the British Minister (Senate Ex. Doc. li", 53rd Congress, ;!r.l Session, p. TJl), required tiie Commanding Dtticer making the sei/.ure to draw up a declaration in writii.LT, and deliver the same with the vessel, wiiether such delivery should be made to Hriti>h or American authorities (id, I'JC). 1 have found no similar recpiirement in the British .Act, Orders in Council, or Instructions, and the declaratioiM directed by the instructions to .American officers were merely intended to carry out Section 1*2 of the Act of Congress. These, as well as the indorsement on the certificate above meiititined, were inaiiile>-ily requircil, not for the purpose ot justifying the seizures to other naval ollicers to whom livery nn^bt ')e made, but to indirate evidence for use in the Courts where proper i . irges would be formulated from the evidence |)roduced. As all seizures are to be made !>y ntval ollicers, and the vessids seized delivered to other naval ollicers, when not taken e ot the said powers, shall take her tor adjudication before a Court of the United States liavmg juriMliciion to adjudicate in the matter, or deliver her to any naval or revenue othcer or utiter a ihori ies of the United .•itates." While it is not explicitly stated, it IS mauitest that the intention was to sulistitute dilivery to the naval authorities of the country to which the vcssil belongs in place of delivery to its judicial authorities merely lor eonvenieiue, and not fur the purpose of dispensing with legal proceedings or hasiu^ a trial by such naval authorities instead. Such delivery is a mere transfer of custody. The law of each country rci|uires that its vessels, when seized by its own cruisers, shall bj brotiglit into Court for ailjudieation (second Schedule, Act of Ccuigress, supra, sees. and ! i), and intended to give to the cruisers of the other country the same rights given tnoie of its own (.\ct of Parliament 3 (■'<), Act of Congress, sec. 1'2). 1 1 may be sug-^estej that the Cuuimander of u cruiser conducts an investigation in decidin;; vvhethcr to sci^e or not to seize, and further that, after seizure, he may revoke his M di'ciHioii and ruleiixi'. Miit two tliiiiu'!^ would pivveiit tliu coiulusiDii tlitit ii navitl officer, to wIkiim di'livciy \n iidhU- oI n vi-ski'I m-j/imI under (Id! |)ri)vi^itins ot'llie 'IVfiity, has |iiiw'ei' citluT to rt'vii'w or to invi-sti'^ato uncw. Oni' is tin- spiiit >>{' coinily ttliown liv tlic Acts of botli i-onntriL's, wliicli i'e(|nii'cH a (aiiistrnctiiMi lliciciit not iiKoiisi'tent witli iniittial contitli'iKX' and lespict. The other is that the |iiiwei' tjl' iliitish othceri* receiving sei/ed vcijm'Ia I'roin Anieriean crnitn'm Im e.xpi'o^ly limited to iiniiiiin^' them into ('unit for adjudication. (Orders in Conncil, sec. I, second Sclieilidc, IK-liiini; Simi .\vvaid .\ct, sec. lO:-..) Niillnii;^ is said in the Act of cither ciujiilry ahont li.d)ility lor wron^lul si-i/uics. ll' it III' cdiu «'di'd, upon principles nl comity or otherwise', that sucii liuhility was conU'iuplatcd, it inusl he assunii il that hotli countries had in mind the welUscttled principles of tin; lu.\ coimniin to hoth relative to such liability. Whde llie .Acts of hoth countries are, of course, directed only ai;ainst i.etnal ea->es ol nnlawtu! seal tishin;;, it would he absurd to linnt the riu'ht of sei/.uru tii.reby inferred upon e.icli nllier's cruisers to vessels caiiyht in the act. In all other lases action must (lepciid upon evidence ami iiuli' ations. This \\. is i'eeoi;ni/ed by the autlioritie-. of both countries. Si e insiiuetioiis of Secretiiry nl the Navy, .m//(I(», p. lllli. w hich adopts from " Instructions Id IJrilish cruisers as to sei/.uie " sent hy the Ihiti^h .Minister to i!ie Secretary of State (Senate Kx. Uoe. xuiini, llti) the lidhiwiiii,' ; " Whether ilie vessel lia* been enaa>;ed in luiiitiii:; yon must jiidije trt)m tlii' presence ol sial-skins .ir bodies ot seals on hoard, and oti.ir cirenmsianees and indieatimis." Tlie possiliiliiy ot" inist.dxcs iu sneh eases is well known. Certainly it could not have been intended ny (Jriit Uritain to have liability lor wionuful seizures by Americun othceis depend upon any ditlereiit rules Irom those expressly made applicMblo to seizures by its own. These are merely the rules of the comiiion law in the analogous ease of t;rouiidless anest or prosoeiition liy tJie civil autliDrities. There is no li.ibility in any ease where leasoiiiilile i,'rounds fur the seizure are shown, even when the Court has tlisehar|^ed the vessel. (Second Seliednle, .yiijiru, see. 10;{.) The schooners in ipiestion, iiavin^ been seized by due authority, have never been lawfully diseliarijed. It is not even siii,'j;ested that the .VuuTiean ollieers who made the .seizure^ did not act in ^ood faith, and they seem to have acted on reasonable i;r>>iiuds ol suspicion. My opinion, tlicrefore, is that the Sei letary ol the Treasury is rit;bt in huidiiij!; that there is no liability for damages on account of such sei/.uies, assuming th.it then was, in fact, no violation of law by either (.f the sehooners si i zed. While voluntary release by ihc seizini; ollieer iniuht dispense with judicial diseliariic as one ul the eonililioiis of liabiliiv, tills would result only because such release wmihl li' an admission i)f innoceii'e. It will hardly be claimed that the release by Kritisli naval otficers operated as an alinission l)y the Aiiu'iie.in otficers wiio inaiie the seizure. N'erv respeetfullv, (Signed) .M l>s()N II.VItMOX AllorniifUi'iivinl, ^ • 1* M' own cruisers, Duress, supra, No. ;ii. .Vi/' ./. I'uiiiiiffdtr III ihv yimqiiesi of Sitlisbunj, — {lircvived rrbiunnj '20.) My Lord. Wnithniijhm, Fihiunrij II. l.SItti. I llA\ri iIr hiuiour to forward herewith to your l.ordship eo|ty of a note whieb I have received from the Secretary of State, containing a leipiesl that Mer .M.tjesty's (Joverii- meiit will noliiy the Hritish Culuinbian sealinji-vessels to keep a record of all nursing fciiiule seals killed durim: the coming .season in Ikdirin:; Sea. I have (orvxarded copy of the above note to the (Jovcrnor-Ueneral of Canada, lor his Kxcclleiicy'a inlurnialion. 1 have, &f. (Sigii.dj .IIJ.IAX I'AlNCKt'OTK. '. .1 ^ [038 1 4S TmcIohiht ill Nil. ;U, ^^l^. Oliifi/ til sir ./. I*iiiini f'lili'. HxcrllfiH-x . Ih-iiiirlinnil nt' Sliih; i\'iiii,iiii/l(iii, hVlinim i/ t\, jSiM}. I II.W'l'. tlic honour to iv 'riiiiMiiy (il till- ; it is iii)>\ makiiii;. sliowiiiy; ihi- di^taiii't- Ir.nii I'liliyl .11' InI.iikIs I'lnali' mmIh mt loi Iihi:!, liMvnii: then- youni; iiii tlic islandx. It xciiiis nccilloHs i.i mil that the ('i)-><|i"ialiiiti ol till- Hiiti-li (lovermiKMit will ho ol' material ai*.«i»tMn(c to tlu' I'lrasurv l)L'|i,iil!iii'nt m lirosfciitmy; its invest iitatioiis. I mil, &c. (Si-ntil) KU'irAltl) nLNDV. No. 'M. Till' .Mnniiii'ns of SiiIIkIiiii 1/ In Sir .!, I'liinirrtnlf. Sir. Fori-iifii O/firr, I'rhniari/ Jl, I'^iMi. hTKINti till' foalinjj soiison of 1H!t.'> coiniilainis havo ln'cn niiuU' a!;aiiisl the lirofi'Oilinjjs ol' tlif I iiitetl States' revenue. eiuiseis in hi'ireliiiin ami seiziiij; IWili^li vessv'ls with lit sutlieient eaiise. Voii are anihori/.eil to eoininnnicale to llie t nitcil Slater' (ioveininent eojiies ul' the iii<'l(»e(l letter t'lotn the Colleclor «il' Ciisioiiis at \'ietoria ol ilic l.'>tli (Kioher, twili the tlei'laiatioii ol Inane A. (ioiilil, and llie lixt ol hoaidiii^^ vthieii aeeiiin|iaiiv ii. It appears I'l-om those |»aper.» that (Mit ol tvveiily-nine vessels v»liiih had tiieii reliiriuil from r>elirinn Sea, ir.) less than t*veiitv-sl\ had heen huarded l»v lleiled States' (dlieeis, aiK I th III 11 le ajririesinti', ei'' hlv-t «o tunes. aveni"e »vas, thereluie, more tl in I three lio:titliii"s for each vessel, and in oiu' ease, that of (he ail |iliiri tl le vesse hoarded six times in the course of twenty tour days. In nearly i-verv instance the seal- skins \\er>' overhauled and «>\ainiiieil and lelt in eunliisioii, and on eaeli oeeasimi they Innl to he repacked in salt hy the ere«s. The net result ol all this hiliour and annoyaiui «a-. ariear, and that a hole was diseo\ered in one seal skin oiii nl' a car;:o of :tsii on hoani that the entries in the loy;.h,)ok of the " Mealrii-e" \\ei«' loiind lo he a few days in the ••!'). U Marvin," wliicli, in the opinion of the I'niled Slates' naval ollieer, had the appear.iiiee of lioin;;' a shot wound. Hotli these vessels were seized, and were snhse- (|Ueiitly »eni to N'ieloria f«ir trial. .\diniral Stephenson and the Ollieer I'omniaiiiliiifr Her Majeslys ship " I'lieasHiil ' have aixi eonnneiited on tlu' fre(|iu'iu'y with wiinh li.e vessels were visited, and on tlic inaniu'r in .liieli the seareli wa> eomlneted. These t"o ollieers state, inoreovi-r, that tlic men \»iio command the sealin;;-scliooners are most anxious to eairy (Uit all l{e;;nIatioiis lo the letter. lie; .Majesly's (Joveiiiment have also heen informed 'hat tlie UnittMl States" iia»al oHie»'r> considered themselves aiithori/.eil hy then iiistriicli(m> to hoard indiseiiminately all liritish scuU>rs. Vour Kxcelleney will olisjrve from ttie fore;;oiii- Mimiiiaiy, that the complaints el the -.e.iliiin-vessels a;;ain't the I'nited .States' reveiiue-eruisers licdoiij; to tliree diU'ereiil categories ; — 1. The seiziiro of vessels for alleged (dl'enees on evidence ohviously insuHicient 'J. The exercise of the ri^ht id' smieli in eases where no suspicion exists as loan otl'ent i^il laviim heen coinnii tied. :\. Vexatious and impiisitorial interference. With rej-ard to the (|uestiiMi of seizure, il lias heen iiotilied to the C'lited Stati (iovcrnineiit on several occasions that the United .Staes' cruiser s are only einporteiei hy the British Order in ('iMincii lo seize Itiiti^h \essels coiitraveiiiii;r the provisiui tin- liriti'li .Act of Parliament, "liicli contains no provision similar to Section III of tin 1,'iiited State>' Act. and that the I'nited Stale-.' naval otiiceis have therefore no pouei to SI i/.e British vessels merely on the ^jrouiid tliat they have sealing; apparatus e: iiiiliieunnls on hoar). Tii- British Act of Bailianieiit only j;ives a power to seize wher v:t III ('.. ISlHi. ntiuy ol llit> till' Miiiuh L'd (IiiiIiil; till' iiivi'-li'iulidiis \ Hit loi |nii:l, (■i)*il|l'.MI|liilM )c'|iart!iu'ii' III ) t till' oi/.iii;;' Itiili-li U'lil copies til' < hlolior, "illi niv it. tiicii rotiinifil »lati>>' iillii't'i'", If, inmi' tliiiii till* vessel \\M- imrc tin- seal- a.^iiiii tiicv.liiiil 11(1 aniiDvaiu'i' :i tow iliivs ill :tsii 111! liiiai'il IliciM', hail the I were siil»e- '• I'hoasaiit '" ■(I, and on llic •over, that tlif ill l{c';;ulatioii> Stnti'>' i>;nal iilisciiiiiinatcl) roinplaints ct (liree (lillonMil siillicieiit . aIsIs as lu an I'Miti'il States' i\y empowiTi'd r provisions .il' tioii 10 ot tlu' tore no power ajiparat.is o: to M'izi' wlu'i • •III uH'iinc lia> li«'( II n):iiiiii((i'd. n'ld tin- Oidrr in < oiiiii'il aiitlioii/cs tin' ^i-i/nrc and dclcnlioii ol' an}' hiilisli vessel Mliicli lias lic-oiiic lialilf to In- torl'tdled. Kmu liy tin- llniti'd Slalfs' lin\, no ;;('iii'ral pmxi r is ronlfrrfd to lioard and seandi v('>m.|s witlioiit -pt'i'ilii* yriMinils ol siispieiiih. I have already reipiested vmir K\ieliriir\, in n\y despatch of til" 27tli Sepieiiihir last. In iMlorni the United Stales' Coveriiiiient llial |l!ili->li naval idliieis will in liitiui' di'cliiie to taUe over any Idiii^h vexsej >ei/.i'd hy an \nierii-aii eriiiHer iiiiliss the deelaration alleir 's a speeitie otreiii-e wliieli is a ecintraveiition id' the llritish Act o| Parliament. 'riuri' appeals to have hecii --onie inisconcfpliuM nii the par! attempted lo appiv I'niled SIiiIcm' law to llrilish vessels, aH is ^lituvii hv the clearance eerliticale ;;riui.'d lu the •'!'■. M. Marvin" l.y l,ieiitenant Cnrniini', I'liiled Stales' navy, in wliiili the I'loelniralion • I' the President and the United Slates' l!i';;iilations are (|iioied. A copv of ihis cerlilieate ii inelosed, ll >liiiiild lie hroii'^lit to ihe notice ol the I'liilcii Slater" (iovernnn'iil, with the i'e(|iU'-,l lli.it the Miival oli:cers may he informed that their powi-r~. as I'ar as jiritisli vosscU are cohceniod. exist holcly ill virtue of the I'.ritish .\ci oi Parliaineiit, and ilie Order in t'oimcil i^siud under it. and are i>>lricted within tiie linii!s nj' tie- piiixisinns hs which tliose pii\.er-. are lIliM'eili deliiied. The esercix' of the ri^lit of search is liki'wi..e snhjeci In reslrictiiin>. The Act ol I'arliainent conlaiiis no section enaldinu; an olliccr to hi!iiled, 'm' did not reipiire an} preventive action helore the coininission of the ullence. Ij'.'i'i olliccr has ri-asonaiile cause lo suspect a vessel nl' liavin;; coiiiiiiitled an olJonce it is ii|iimi tn him to stop and examine her. hut he is clearly iiei iustilied, in the ahscnce of any specilii- urduiid for suspicion, in sinppint; ami caiiiinini; every vtssol he meets as a i»iirely precautionary or prevcntivi' iiicasiiie. In any case, the vcsatioiis anil uncalled- for inlerferenci! reported duiiiii; tin- jiast seiisiui uivis just cause for complaint. Aiiionnsl ihe points aureed to hy the Secretary of the 'Treasuiy with relerence to t!ie instructions |o the I iiited Stati's' iiinal ollicers in Mjiy nUl- »>ere the follow iny;: 'I'liai ihe masters ot the sealin;;-vossels should he proti'cted from iii(|uisiioiial exnniin.iliuu ; that no sealinii-vessel should he seized hy reason of the absence ol a licciue '1-. ot tisliciy implements heiii;,' found on lioaid ; that the Inited Slat«'s' naval iiistriiclions as to the inmle ol tlealin^ with scalinn-vessels should he simil.ir to the Ihitisli naval iiistriiclioiis ; and thai the naval olliccr who examiius a scilin^-vcssid shall h'avi- u ci'rtilicate with hei master for his pioleeiiim uy;aiusl intoifereiice. Those provisioni*, which hi>l special reference to the arrau;;eme!it for s,.aliii;;-iip arms in islij, siiow the spirit in which the instructions for carryin;f mu the Avui'd were issiieil. and it is essential that an iiilern.itiiiniil Ai^reeiiiiiit involvini;' <|iiestions of so delicate a nature should he administeieil with mutual forhearance and iiiodeiation. Her Majesty's tioveiniiunt f( I'l sure that it is not the iiitontioii or desire of the I'nitod States' (iovcunment that meii eiina^ed in a perfectly le;;iliiiiat«' oc!'u[miioii, who, accordiii;^ to iiolh Hriti»ii and .Nmeriian reports, are most anxiois to ohserve sirii-tly the Uev;ulations imposed for piiidii; reasons on that occupation, sliouhl he treated as it they were continually eiii;;ai!;ed in tryini; to evade and hreak the law, and suhji cted to unnecessary loss and tronhle. Tlie rij^ht of searching lUitisii vt-ssels was eonlerred on United Stati-s' olHcers on tin- assumption that they wmihl exercise their powers with the sumo consideration us wmild in like circumstauces he shown to such vessels hy Her Majesty's naval ollicers, and 'ler Majcsly's (Joveruineiit have no doiihl that, when the mutter is hrou;;lit to the notice of the I'nitod Slates' (aovorninent, they will issue such orders as will i'lt an einl to un interference with llritisli vessels on tin- hii^li seas, which lia.s c;iven rise to so many complaints, and which is not warranted hy the provisions of Hritish Inw. Your Hxcellencv will address a note to the Inited States' Goveriiinent in the sense of this despatch, and make siicii further representations as you may deem advisable. 1 Ulll, &v. (Sidled) SALlSML'Uy. * 1 ll ■ . ) • t i ' 1 1^4 1 ir I ]ms] G 2 ■M *'rf II Imi'Ih •nil' I in No. .'ll ( 'lo'ii'iiv, Ciiiiiiilii, I ii'lmifi, Ihilisli ( 'iihiiiiliiif. ^\\\ O.fi'hri l,">, l^'.l.'v I II \\ I. Ilii' li.niiim' (.1 liinv.iiil li. riM\ il !i, I'nr Muir mrorm'tlimi, :i s( ilrincnl ui\i)iij llic 11,1111.". "T till' si';i|iii';-M'--iK. t\\r hililMilc ;ii>il !>iii';iliiil(< ol (•.■ti'li ;i( llir tiiiii' ll\i> «ii'linii|li'i s M I'i I' lii'jrilf.l 111 iti'liriu.; S -i w liilc <'ii",.f:i\l in scil IrlHii" miiImiIc uC i h »V»-hmIi' /line rmnul lln' I'liliviolV Kliiml'.. t I'l';; li> s.'i;. tli:l( ;ill ) 'ic \ I'ssr's |i;i\i' iml \ cl rrl iiriiril. I lirri' ln'iii';: ri",lil '.(ill ..iil All til (Ii;it li;i\ <■ .'irrivi'il rr|n il liiiviin; ln'i'ii li.v.irdcii, wiliiiinly I lirrr cm ■ iilnnis. I'liO liKiU'ililli; i* 1 i'':!i( il mi IIm' mliriil ln'V-lionl, !lir lilllrnr lin.i id ;i|.i |||r )>i>siliiin (i|' ill,. M'ssi'l. .iiiil mKo 111.- nil' ;■ . I m'mI skill.. lliiMi i>ii liii.irii I'lii" ('\,iiiiiii:il iin: i skills, l.'ssiu;;- ;iiii| liivlvill'V llli'lii ,iI>'>m( I'u' l|i>M nl' I lie M's.i'l, 'iinj li';niM>. Il iiiT;lsli>'i VNIlll'llt s:il|,:nil .ll III' (lliic nil'i'lllUV I" ii'|i:lil. llli' sKuis ;is (hex liMiiiil llicni, -.I'l'iiis I > Im' iIk" i mMJiirilv nj' ili,. iu:is;,.ts ,iiul I'lrw -. liiiriU'^ llii'ir Vii\;i'.m' In lli-lin 11' sMiis I'll I'll r ii'Vi' \«rri' itnh l«i> St h h •lii>iiiii rv sci/ril III Hi III , >(':i I III'. \ I'.ir linii'!' Si'M liir ,|| I'linl ' l\ I'lll inn nl Til.' ll.'iuinT S,',i \\>.n.l \.'(. iyi|, \ Si'hiioiii'r " U;':!! 1 Ui'." .i| \ ;iii('..r. \ i-r I l.lllllull' .'i.'i 1 II. Till. liMI.'^illlill' I i*^ nl rnti'ii.ii' I'.'ilcli .1 ••I'.ils in I Mnt isii '. i'!in< l.iii. I, mils ' Hsiii, ni.'i'.li'r, sci/ci sf, 1^\ I'lUlcil Sl.'id's' '.lull " Itiisli," I'nr S,'li UT nliici.'ll lii^ liiinl,. I', n \l;ir\ in." .«r \ ..'Inn'.l. I?', ilisll t'nli iniiM.i. SCI, ('I I ill I'. Ill" I ;■ !i'il Stales' s|\in •■ Knsli." in l.iliimlc ."ill V'.'i imrlli. .'iiiil lnii';i( mlc IT'' "iI' \M's|. !.ir \ .oImIU'U cl' Vllli'ii' (■> of till' licivnl.llliil.s nl l!ic I'llls \\x;liii, llnil i^. lor li;niii'; c skill \>li!. h ,i|i|iciis I.l line .1 slmi linlc m il. \1 llic ilMic nl' sci/iirc I lie " Iv It on M:ir\iii " lull! I'u i> '.iril :i'^i> Inr si':il sivin rin SI' silinniii'i's |li;it li;i\ c ti>( nrncil lijn c all nlitaiiicil I'liir calclics, Inil mi (lie ciilM-i' c.ilcli r.T llic SI av llic sin.iil H;ii is!i ( 'nir.iulii til il lie .lliiilll ■_':!. (UIO •-liiTl nf l.ist \ e.'lf, n\» 111!^ I'lll \\ lldli •ll\ Il lU enisl ealeli an I nil the cn.isl 1. 1 .1 i|i.'in e.iiisc.l ( iMl'lli sieniu \'eatlici hi'Si' \ 'S'-els dial XMi'c liniiriicil in Kclir rill'. lik.-h . I (liink .>ea iliiriii'.: I he | III i;is| sc.'I'.nii will III W. p'.-i'si'ii I .'ll'. t'laiiiis nr ileteiitimi, .'IS nniic .'let nalh Millcreil lnss \!1 I lie skins nil lieiiiii laiiilcil \eie Iniiiiil In Iw in cscelU'iit ciMiililiiMi, ami tlie jM'ici' n.i'.,i lievi' I'ltr c'leli sl>in lias ln-eii 111 tlnl. ."m» e,, Inil tiie '^icaler |irnjiiiil inn nl sc.il- skills !i.-|s LiMiie rmilli. l'!si] I I (Siiiiu'd) lavc, .\e .\. i:. MIIAI". ( (>.(('(', ir, I'lMi'x .\?iris;er e r M .1 1' 11 iue auil r isiiei u s. ( MlavN.i. nil t J. liielo^iiro '.' i N;i. ',V2. !h'rlniitioii. ItY tl'.i's j'uMic instnnncr.t ot" |>r.>1i"sl 1, 'rein-. I'ler centaiiied. he il kiinwn anil iiiaiic ir..iniror-; -a'lto all piMple that mi tlic I.'itli day of Octolier, in (lie year nl our liord l.''!>.''i. i>oj>otiariy I'.uui' an. I aiipi'.'ired tvl'on- me. Ham Dalia*; lleimcken. notary puliiie duly :nilliori/<^l. aihiiitttv!, and swnrii. vesidim: and pi-,ietisiim- in tiie city nf \ ictori.-i, l'i'n\ iiiee of Urilisii rohnuMa, and IVmiiiiMn .;f Canada, Isaac .\reliil»ald (iniilil, w im did duly and solemnly ileelaiv and state lor tnitli ;is fnilows. tliat is to say : — 1. Ihat I liave been captain and ro^'islered tiianairinir lovner of llie schooner •■ Katheviiie" sinee the month o\' Dcreinher IMKl. •2 riiv: :iie s.iid. schoom-r left the jioit of Victoria on ilie ^."itl. day of .laniiiiiy, K.v. 1**'.''"<. hound iov the Mest enast. nd rein.iineil sealini; until llie '.W\\\ day oi' April, A.l>. }"•'''. when the saiu soho mer riMunicl to the said poit. '■\. That tlie snid sehooiicv with a erew of sevi'ii whites and twenty-one IiulLiiis. left for Tualaska and Hehriii!; 5^o:« on the lotli v IIm' |iiM'|Mi>ir nl' iMinlliii; srtilu. .1 'I'liiil llii' siimI scIiimiiiit I'l'iirlinl 1 1 iiiil.'lsKii mi llii- '.MMImImv oI' ■Inlv, A.D. IHOft, mill iiiniiriliiili'lv on iM".'i\.'il i'r|ii>,lril In llir ('iiMliiiim W'liili' In jiiirl lli*- ><;iii| scImhmm'i' Mii-^ liintnli'il li_\ (WM III" llii' Vinri'irttM nitlcrs lyiii'; iil jiih'Iiui-, iimiI I «;m rni"; rviiiniiii'il liy llli'ir iilllt'ris slrii'l I V il ■ In llir llllllll'c 111' Ilir Vi>_V!l!;i', .'iliil .••i In wli.'il linii'i llirsiiid ii'liiiiiMiT I'.irriril. rin'v ;i|i|»r;u'i'il In III' sjilisrini willi mv ii'|ilirM. li. 'I'll il llir s:iiil M'iiiHiiiir ji'll riiiiliisK.i III) I!m' ;II'.I iliy nl' .Inly, ah I^'.i.'i, liminil liir I lir M.'hriiii;; Sim. 7. 'I'liMl u I llii- I nil i|:i_\ n|' \m'VI'I. ^ " l'^!'"i. Ill'' ■ml MclinniMT wir, liiiirili'il li\ I III' I ' lli I I'll SI, I It's' ri'\ I'liri' rill In- " ( Jr.iiil . " .mil .'i',,iiii^l in;, \\ r.li -.rirrlii'il li\ Iht nlliciTs. Till' riilrli nl' s|, iii>i, iiiinilii'i'in't V! I 't, uliii'li liml Ihtii r.'iii'l'nllv .illi'il .'inil |iiil in llir llnlil, \M'rr |inlli'.| mil nl' lIli' --lilt, Mini li-l'l sr;il l|'|vi| iii IIm' ImiIiI. 'I'lir nlliriTs \ nliinlri-l'i'il In |i;i\i' |||i' vKjnH n'|il:iri'il .'is llli'S \M'li', lint ;i'. I liiiil nn iniiliili'iicr in (III' man Icililrirtl, llnlii lii\ iiwil |ili'\iiil|S Knnw li'ilirr (,r liiiii. I \\:\: >'lilr;ri| In ilrrlilli' llli' ulVrr, ;mil, iii iniiMij iirlli'i'. I W.l-. I'mmi|ii'I|i-'| In liilM' I In' ''ml '.kills ri'slllll'lj ,'inii n'|i;trlM'il M. 'I'liiil I li:i\i' hn r.'iiill In liliil Willi llir |ir|'snll,'l I lii'li.i \ imi I nl 'lir .i'\i'i:i| iiilii'irs III' lltl' " ( il'.'llll " ln\\.'iri|s inr. it. 'I'lial llli' saiil nllirri's nilllii' llir rnllnv\i||" I'liliy III lii\ nll'irial |n|' linni, " t.iihlliil,- .".I .'.',' \ , l.iiiniilnilr I(i7' .>S ir , (»»/">/ I I, \^'Xk " lliMiili'il lliis lllii ila\ nl' \i|.'ii,l. |S'.».-., Ii\ nllii'i'i's I, ..Ml rnili'ij Slali's' ri'V rnni'-riillri " < Ji.'iiii," .iiui llu- '.kms lai Imanl rmmil In i'nM'i".|iniiil w il li iiilri''.on (illifi.'il lii'C- (Si';nril) " l> I', T'l,'!! 11, ''.(/i/(/ni, ('. S. I! <' S., \ l',i,iii ilinij " K. W . I'l i;i;V. 'ml l.irnlnnint, I S. .','. C .S . / r.M. I W.'is spulvi'ii In liravr In illll' allnw llirin l \t calhi'i- Innkcd Ihri'.'ili'iiiii!.;. The nUii-ri' said hr wmild iml nvrrh'inl Ih'sKins, hiil wmild ili-lain iiir III iivrrhaiil llii> lii'^. Il<' asKrd nir v\li\ I did iml hi-'ivr In w hm s|inki'ii li, and I r('|ilii'ii llial I I'onsiih'i'i'd Ihr nirn's li\rs nl iimrr iiii|ini'lani'r than his lni^imss wif, iiiid I w ishril In jirnlrsl M'^'aiiisl Ihi' assiiiii|il inn that a sralin'4;-srhnnnrr miisl. whrn nn I III" llii;h sras, hrav r-ln w lini sjinkm In .'mil slllmiil In lirin-.' srairlinj III I hr \\ ill nl' I'lil'h .'inil cMM'y iillii'i'i' « hn linards. 1*J. Thr sai.l nllirri's dill mil disliirli llirsKins in sail mi .'iccniinl "I iinii'j' rallr ' mi Iiniinl Ihr said riilirr " l!l|sli," liiil liilnrr i(;i\ ill'.;- in.'iijr till' Inllnwiir/ I'lilry in iii\ ollicial llli; ; - •• l.tiiihidr :. I 17 .V. i.i,i,./ii.i,ir n;s,' ii7 ir, .iiiijiisi :ii, isii.'i " MiKinlt'd, .•tlid I'mind skins In a^iiTr wilh nilrirs in In',', (Siijncd) ".1. (i. I!\i. I. IM. 1. 1;, -/('' /./'»/''/."///, lln 'n/nnf Oj/irfi." l.'l. Thai nil Ihr 27lh d.'iy nl' .\n'.;iis|, a.d. iv.l.'i, ('a|it,'iii. {''nl'^'iT, nf tlm .\nii'ri<'aii M'.'iiiiiU-si'hnniicr " Wi'listrr," visilcil iin' in l.'ililndr .'>l ' |s' nnrlli, Iniii^ifinlr |t»»» .'lO' west, and in t.iir I'uiirsi' nl' ('mivi'i'sjitiiiM told iiir Ihat In; was sraliii'^ iirar tin* pr'tliiliitird zdiii' uf ihr I'riliyliill' Islands. An .\iiii'rir.'in cnllri' rami' In him .'ihmit nnmi, and fnid iiiiii his huals wrir insidi' Ilic liiir. lir rrplird thai hr was jiisl lakini; thr sim, -.t'^ hr liinisi'ir I'i'ar'Ml lie was insidi- I he liiii', and w.is llai^u'ini,' liis Itoats to I'liinr mi hnanl. Till' cnUtT tii'l liini tlwif In- li.'id l.i'llrr yrl mil, !is Ins Iinafs witc iiisidr. .\f thr sjinif ti..n' II.' (s.'iid <'a|itaiii l'\)li,':'ri '.'mild srr Anirriiyui si'hnoiirr " W'illard .Vins- wiirlli " smiir miles I'm'thi'i' in tli;in hr was. Hhr was alsn allnwi.-d to !,''> withmit Iti-irn; M'i/i'd. H It. .1, Anil lliis ;i|i|M-i)ii-r ilutii |>niti-st, atitl I. tlwfljfif nt^lMi v, do hIko ^rittcHt, a'^'uirist tin- iilokCNiiiil Ixiariliii^. siarrliiii-.', iiitci'lcifiuM', iMi4««HM0nMi^. and aifainMt all Kiss, daiiiai^i', and i'x|M'ii>r>. (xi-asiuiK-il tin ivliy. Anil I, till- Mill I-aai- Atrliihalil (ioiiiil, do M«i»'niiil and oiiicivly di-ciitrK that tin- lort'i^oini; stati*nii>Mt \s ciirrtrt.anil nintains ii Lriu* acuowtit of ilw t;»Hs and circnni- htUiJi'l'S. \nd I iiiaki- thi*> Holrniii ili't'laratimi iMiwioiitiotiHly l)i'ii*^vinir |4 \>t Im- tnu*, and kuiivinu ;liat it is nf ilw same lorn' and ctVcct an if nuM!<- under oath swid lnjr *irtn<' ol "Til.' K\id.-iin> Aim. l^J)!-." l LI). 'I'akrn auil di-rlarcd lii>l'or<' mh' :■*' \ iftoria. UritiMli ('oUinil»ta, tliiK . ^il> d.'tv ul' Ol'tOIMM', A.I). iHlJ.'t. 'v.Siuni'di II. I).vi.i..v.s IIkuxickkn, .\u(iirii Piililir III 11 ml fur llir Pioriii'"'' uf liiiiiuli CnlmiitHu. inst till- ilaiuu^c, trn tliat rircmii- nif, anil i irtik' III' I LI). 1 (1,1 \ ol" s i sa u 5 at 17 - E I K- ? -d s :J3 g 5 s s ? :2^ I ^i-i 13 i! e s .., -3 ^ — — I j< »" J.1 ^c -J J - •" "^ . "■ J; -« «»• itJ*;-|^ .i t- £ iltn itU £fi--;i = ^- ..J4ic-- ^jj,^^ ■;;»<< w » '■ w U«!^*~tS>^bi"^-^»''^ •nU>-)^^ i^i-l;^*^ I '• f I I t-ui j:, — »• " iti J. 'C :^ :- i. ie ;, li. = .i ~ „ M -" - 5 ^ =*• ^ ;i S y. -J S = 2 t 3 «• .iri ..... r> ^n •• 1 i*^ . - e r) (^ «D t^ »* i« ro ; ?l ^1 •« ri tO ?i r^ . ) *v r I c ^ M l« i-K s e ** I-* •« »' -^ Q 'X *£ '£ X '^i ** -A ■£■ i '£ '9 *■■ •* ». ^* #- I . .n *i « ^ » . ^ »» o c ti ^t 'a •"• T •^ -^C 1*1*1. i-**C *- f Z"^'?. •A rt rt .n .n .1 «A » -- — K o »* »• »» rt — *•

    >''* '»JV !• ji^itiiiijiiiiiiijijiiiii'liiiliJ Idilii --*• "iili*" J TP-- •sis i •18 if ">*s ■r'«f. ^r ."■ J" '^ ' i ' ii: ■«j<- 81 = IbI i _• *; = 3 "J^-il 4 ?. n = t^: =■ •J . - Ji J l-i'ltl M 5 M -f ?t eg . -1 : -f -T ». . _i «n J ^a^ A ^ w -^ ;j / ;■ ■^ > * » s y y -J * s u ?• z w, ji -i -^ -J. '^ -^ u z -> '-^ S S e e o ;2 - aSg3s.i« = --;3.!!5 .-■I fcu "n ■*• ^ •*- "I — -3 ' . - J ■? . -• _ u. .• 5 -3 . If I I:51lif if. ■:■ = -r -» c :■ >< - S -> t ' S ^ > S C '• /.?■'* ; ;J i i.: ii ^ ^ ^ i^ ui :« I * J", r. t . 1 • r. O ». O .1 .'? .- .-. ^T « > " — M r. ?l '^ •!■ O ^ • .1 ».■» ■J H Ma ■J ^. .•: *.-i [I t 3 : • i 3 /-! y 3 y a ;- 3 J? : - :|S .|i . . iW^^i ■\^^ ■•'i eg ■■ .■' 2 t 1 •f .."•-?!■ t'= - £•-= £•' 3 r '■/■£ ;S3 a' f • ^ ■ 6 .3 -s * ' 'j 'd '£ '« i I 1 illliljlfi i c n g g? <ca t.^r lii;- |nii|ii.-c- .)l limit iiiz lin-si;i|.«i, ii;;ciii(iiiii,' to piMitcil iiislruriiuiis l'uini>liL'd tlie iiifistcr, ('i[i;-i.-.|!ii:; t-l tlio I'lvsidi'i.t.'.s rrmlii ciiiployi.';! ill liii--.tal lisliiiuv im' iNl't. uiiiitioii, ;iii(i lu'u:iilatit)iis uovfiiiiiiu; vessels (Sii-'iiod) (J. n. rM\S\i'S\],-2nr/-( v.', Dl^tri-I uf Alaska, I'uil nf Althii, Jiilij •-'.), l^'.t'.' Nil •*•> Sir ./. l\T!irrl'iilr ft !'ir Miiyiji;'.,:,it liLiTwii!) the toxt ol a liill "to aniciid nil Act i'Uti;k'il ;iii \('l 1.1 [iicvi'iit tlu' '.'Ntcnniiiatioii oC rni-liiMniii^ animals in Alaska," wliidi was jiaii.-td iiy tiiu ll()W-(i.' m' l{c'i>:\'SL'iitalivi's o-.i tiic ll.">lh iiwtant. i aUc) tiansiiiii tlic tiM ,)! tiu' lupnit ol' I'.ic; (.'ciniiiittt'c (-1 W ays and Means upon tliu mrnsinvs. Till' IVill i- I'laiii d i-i an aiiiciidimnt dl' flic Act of liu- l.^l July. 1^70, pioviding for il.(> li'asi' of tlu' seal iIsIh lie ^ nil liii' I'riliyl ill IdiiuN, isnd ri.'j;ailatiiii,' tlic catcii. It autlioiizfs llu' I'lV'-idoiit to ii(';')liati' witli (in'al I'lritaiii, IJussia, am! .)apaii, i:r any ol tlu'iii, tor tiic aiipoiiitiiiL-nt of a Joint Coniinisoiuii to ivvisc tlu' lv('i;iilatiuiis now in Ioiti-. ami to conclude a iiridus vivmili pcndiiii:; tin.- IJcpoit ol tlio ('oaiuiission. II tlio mollis liri'udi he not ciJiiclndrd, and rtpiulaiions undi'r llio msiiu' clii'duai, in iIk- I'rcsiii.Mit^ .iii(!;;iiu nt, for the pivscrv.Uiuii of the Ala.'dian s<'il iierd, he imt put into opeia'.i'.iii lof thi< year's sealini;' Siiason, thii the ""'oerclary of the 'I'nasiiiy, wiili the a|)pni\al ol the l*ie>i(ient. liS lUitliyrized to Uill all seals loiiiid on I'rinyluif Isl.mds. A similar Uill was |ia,>M'il by tlu; House of Kepivsientativ's on the 1st March, IH!)."), hill il only came liefoK! the Senate on the \ >■. i uayof t'.ie .e.-;>ii)n, ami, in tiie ahseiicc lil niianiinijiis con^eii!, 'va-^ r,..' co|■.^idel•.•d. I have, (fcc. (,Si-iiel) J r I.i AN I'.VINCKI'OTK. [(i;isj H ■9v Iiulosmv I in Nd. ;!.;. :AI': C'lllfjrrx^, 1*7 .S'-.w/r.-i.- ][, ]\. :VJi't; •I'PI' t N. .1.) In 'iiu. lloi si: hiiiinn 1/ 'A, l^;il'.. -Mr. I)iii!,'lc y iiitn.din'i .KI-Kr-'LNTAI'IVl.S. Il,c (• 'miiiittc( on \\:.V' M i!.f ri>lli,\> iii;^' Mi r;ii.s. iiiiil (I'd fi'i wliiili «;is re li> to h |iriu1i irn 20. 1 *>!•('.. — (■(•iinuilti'tl in ilu- I niniuillci' ol' lln' w !.i)l( IIuii-.c .n tlic st;i'( II i!:.'i 1, Mini orilrrcl 111 lie miiiii'd. ./ lilll tit iiiiiniil (III .If: '!i!tili{l ''All Art to prrrriit III" K.ilii'iiiiitiitii'ii o' /••-/;•-/. riirri'i iiiiniiil Uit.--ti II, iiiii! I'^r till.rr jut: ;.#!'^1 r.i; it oiiiielr.i Iv tl. Sc'iuiiL' n:i'l llmiso ol' IJc.iu'siMitntiviN of tin- I'lil'.fd S:mI( > 1 1 All iiirn, in ("(iii;r!-» urocintilcd, tliat 'A\r Pti'sidi-nt of tin.' I'liit.vl Sialcs he, iiinl is l.i-i . li\ nutliiii'izod iind c ni|Hnvi'ii tUo coni'liidt' ii(.':;(itMliii;i> witli t'.ic G>>\i':iiUic'ii!.< dI' (iivat iJtitiiiii. IJ of not moll' tlimi tlirir iin'iiduT-. Ironi i mil ii.il'o:), (» iuvi'-liLr ilf the pifM-nt niiid kUs.-.i;i, and .I.ipaii, tu' aiiv tl llini;, lov iiic '( ii:tint.-iit ot' u Joint C''i.;iini!'iii,in tu t!i ,s!;tiK" ^:i tiio«, and till" nil tlmd- slan-'hlciins,' tho same, niul to t()n>idt r and n net wli:! !iMti)>:i' ;i;;ulalii)iis n a!i\, on ian l and sea, niv ncccssniv lor its in'c-cr/ation. it' >ii('ii (.'om.r 'ssion ».liidl iati i- sal oT li.i- Noilli I'.uilii" Ocean, JUi.,i n: •rinvii ir l-^Ul nd. C'ommaiidi I l»land<, Kuiili- l.-lai d-. and Hohlun l-iind.ir any other place- (.n of hii.- tlu' Noi'tli I'licilie Oeean and IJeinii i: •"'ea, tiie i':\-idenl may dot.iil a -liiii ot the IJniltil Stali>l'> convey any or ail ol said Connni^Nioiu'is, witli ihe hlii|)s oreiiliei' oi s;ii ! oth;r nati <)n». Tiie nuinliiis(.r said Conimivion lor lie' I'nited Siatis .-.liali l»e appnintrd liy ihi' Pie-ident. In addition t.) till ir Hi ee•■^,uy e.\(a'n>e-;, tlie) ^liall each iceii\i' t oni|icntiaUon at tlie rale ol not na;re ih.m 'i.OUIt dollar.-, tier ;innnin ; ii Sieret:n'y and e. .^leuojiraiilur inav also he appuinted lor -said mL'nd)er» of tiie United Mat,!ial >ue!i eompepsiil' adilitimi to tlieir ;iii'(-*-;'rv e.xtuM^e-, naw he detevaii niiiu to I H' reasana l.!e 1 ion, in )V llii- Pie.-iilei.l. In addition thtritu tl.e l.'ni!t' tlii' i'i-peiti\e ( inveni aei.l-* may a;;iee up')ii as neccssai}'. ihe s V inunis.sione r.N lor tiie I'nited Stiite- aiii I iiilur I iiiiiiDve^ as al oresaiil, sl'.all .sirv I 1 tu. Thy may he lemowd hy ilie eec.-.-.i;s \vhenuver anv vaeanev .diall until till ( onipletiiiii of tia ir Ueport, hereinalti-r reler: I'resid* lit at any time, nm! he may a|ipiiint their -■. ticeiir liv .;. alh, iiiiliilily to ael, iisij;iiatiiii:, nr other euilhi.-, i'iay fliall report to the President tlie n^nlts ot tiieir investi;.;alioii. See. "J. 'Ilmt pending' tlie inve-iicatioii iiial report ol' -aid t'oinmi.-^ion tlie PiVhid' at of the United Slate.s is herehy authorized lo luaciiidi' and pioelaiin a motiiis nil-Ill li w liti ivIK tl I (Iiivernment-, nr any ol tin in, ;iro\ithii'.'. I'or new reu:nl.iti;nis or sll^p^ndil;.. (;r alleiin le exi.- i;: UHiuiation.s c> lahli; the r.nis 'rrihiiiiai, or limiting; the eateh on tlir I'rihvloU, (.'iiminiiiider, Kiirile, and Kohlien NLmd-, or anv ol' tl^em, in anv manner that mav 1 I'.' I eiinei thi' teiiiis efsaiil ("winmi>sii the 1st diiv oi'.liimarv, I'"'.- 1 ('.\|iedieiit lor tlir piiM'Uali tl I.' !UI-Si',il I;l'I<; dd III >(l 11.1 rn-i mil, and all lApin hy limiialioii nid'. ^s pieMously terminated oa See. ;{. 'I'haf the novi-^iims <.f th ])nnislimeiit hy tine, impiisotiment, and lorleiUne ol \e ipprovid the (i;!i April, \^\t^, pioviiimj ■1> Mid.ition ol I he artieU Avvaid 1)1' till' I'rdninal of .Aiiiilintioii, aie her. hv madt' applualile 'o all violati i:i» ol iiii)iii\ '■ivtiiiii serein pnivided lor ; ai <1 it sliaP he tiie duly i f the I'le-ident to mai^e known h Proel iinatMii the provision* o r said inuiliii riff III Sie. I. I hat necdinl espeiikeit iiieuiental to tl.e appomtment, investij^atioi' an> lepoit ol'ihe kuid ( ';iiiimis>ion, iis lieiein provided fji. shall hi- paid hy the Seeretary ol' tin 'I'le.isnry out ornny iiioie _\ s in tin 'I'ri ;.>iiiy oT the I'nited iitati? not otherwise appi'upiia.eil, whieli iini' Ullt is hi lehy lipplop ■lateO S.I «'■ •M cri'vii- 1 lo he -.t.'i'.f (.'■ -.Iiriirln'l »■■ 0, .'». 'ri.ai il ll;<- mxiits iii''„tii ...itliori/iil \)\ >.i.ti(,a l^DlimsAit iiu iiol roiuluili t')c iijtprDv;.! (jl'tiij I'ri'.iiloiit, is hcii-hy nutlioriztii to tula- .nil k'll ouch nnd every tur-scil, n.;;!'.' and IcinaK', us it nniy he i'ound un (ho i'rihyl ll Ulan ! > : the skins ot' snid soal-j (<> !)>' hc.K! iiv him Iw the i)iSt advamai^c wii!\ lv^'ai'd to tuiio and jjlaoo of »alo as iic niuy uiuct, and llio iiroccids liiercoi' o.)Vt rod into tho Trcasmy m" vlni Tnitcd Siat(s: l^ii.vidfij tliat all noidiV.l iXjonsi-s inci(K nt in tin- thoronuh iioiformanC'! of lids work ot' killin ; seals, pri.^i.'rvinjj; .mn transp.r'.iilion u; -Kins, (lection (.f r.ecessary huiMiiiu'N enii'.loynien; ol lah>>ur, care ol'tiiu Sea Ijlanl ssiid I'lihyloli' nulivi"!, inctniod hy ll;e Sctu-fary of tlu- Ti .asnry s'.uil ho paid liy him out of any numeyii in the 'l"n;:sury ol' the United Slatis not othcrAUf a;ipro;i.i.i(ed, which aniuinit is i.ciehy approi'i'latod : I'roviuid :d;-o th.;t nothin'r iu iiju Ucvi-cl Statutes, sejtion>. Mnniiu:r:: i'JuO nnd I'.Hii, ai'.aiiicd, siiall i);LVi.'nt tin- Svcri-tary of the Treasuiy iVorn cxir.i-iii,_; tl;o authority heroin conltrred upon him Vi ;ako ar.d kill saiii seals, l>ut othorvviv; said sjction-. shall r.'inain in lull '.o\fi- -..w ' operatinn. od StMl(< ■■ \ 1,(1 is I, or. In rc.i! IJrituin. )ii to ii:n>;>t it Oiiiidni'iii, .oilii I'iuitio nitthod-' lit ;iny, on land ,nuriean and C'onniiandcr tho North ((i Stalls I" nation". iiittd hy till' )ni{n'nsutton 4ciio^raplur .'i'>alitin, .'i h!e hy ihi- noh general nieessaiy. «.l;:dl s..I'V • ■IV d hy ;lio acancy .«h;ill ior! to till- liO INOftid ilt Itrilili wiiii ., ur altering' itcli on t!w m. inner thut 1 .11 ii'ti, and unn.itod on -, provitliri;: he irlioU oi a- ol /(I (»/"•< ' known l\v li_:;:itioi', und •rctar;of the i[ipru|iri.iii''l, F,b 'I till I II jii, i>!m;.— Tncdusiu'o "J in -No. ■'io. .'i|'/'; I'.mjfii'H, "Isl Hl'S'.'niU. Ui'iiit '.Ml, l.'l. Ilou'*!. "f rj;vi'.i:':i:xiAiivi:s. I'l '.;-»K.\lHNii AmMAI-S in Al.A^lCA. .'on.niiiiod to (!;!• Ci.nnnittoo of tlic •vhd'.o .lout-o on tiif tho fnion, and nnicrod to ho priidoil. <{\\W -d Mr. ninj-lov. from tin- Conunittoe on AVavs and .\ic-ans, snhmitiod tin- I'MlIowiuir iifpurt. I To aooooipany 11. It. \\iWu\ 'i'lii! v'oinnuUoi' Ol Ways ac.d "d-ans, to whom was reforroii tiio Ijiil .'!. i;. ;l^(M)"t lo umoiid an .\ci (.niitlcd •'An Ael;>i iirovem tho lv\lcrmination of I'ur-heari i^' Animalh \h .!,■. have oHi-aloeJ t u' Miino, aiut !«a\f to III \ia-ii:i, and .or oiuot' piirp o>, report : In ordtr to prevent the oxlcrminalion ol fi;r •■^eal-, widoh will so .n lake plaoo unless prompt ni ■ .^lll•o■' oaii ho laU.'U to prevent polau'.o xoaliiij;-, this l'.:!! aiiiliori/;'-; the i'lcsidoni lo invito lireat Ikita'ii, Uus-ia. and .lapan, or anv of tlunn. to unite «iih tho Unitoil .■■•tali's in the a|ij»o.utui'.'nt ofajoinl ('oniiuis.-.i()a to investluato t!io pro->ciit con- dition and hal it-- of tho l'iiv--i al herd in tho .\orl!i I'aciho O-oan and in Uouriiii, Si.a, ami tho imthoil of slaii^htoriii.'.; tno same, «it!i tho result of suoii s!.iii;;htci', ami npoil uha; further UoLinhition-. if any, are iio.'is ury .'or It •* preservation, wiiha 'icv t(( their ad i])ti()ii and ciiforceniont I'v tliu oountries uidtin;j; in oroatin/jf such ('i!mmi>sioii. I'oiniin;; this invcili.u;tttioii the l'jc.-.iuoni i-i na:iiori/.''d lo oiiiclmlo a . -'/v or adiiiltoii.il |{o;;iiIiitions a-, iiuvy he tleoniod oNpuliont for llio pro.-orvalioii pocially in secnrinn- llio funlu.i rlitiidi anlhoiizeU hy this 'lill, .-o as to prolool ■.iivlja' I'.v i' e Ala-kivn >'ea! herd for thi> year's ^oalln;,'' .4ea»o;i, then the SeiTot.MV '>1 llic '^loa^Ul■y i^. amlmrizod to take eaoli and every hir seal on tho Prihiloll' Island-, ami to •sell the skin.iUii ho may oh ct, ami to e ivor (ho proeoods into the Treasury. Tl.o lu'oes-ii^ for this cuuro a.ise- IVdiii the fai-t t:at the .\ia..kan fin-seal lard is heing r.i[iid!\ o.Ntonuiiiaiod Im pehi^ie soalin^-vessoN mainly ( auadian- whioh follew HYdx] ' ' U 2 > "« llu' scnl lunl ns it moves nloiiir our I'noilir coast in tlir spring and enter lichrin;; Sou nt tlio I'liil of tlu* close season in Antriist, wlien llie\ are tree uutler the ineH'cetnal l{e»ula- tions iulo|ittMl liy llie I'aris Trilninal to use tlie -peiir, more tieaiily thiin llie shot-ijun, in killing', outride the '\ this herd numhored fthout t.iilt.'ijOdO. In is;)u the herd had heen reduced to l,0.';}i,i'""i «"«' "I' the close of the senson in 1>c'n ^foppcd then it ivould take live years to restore it to its former numhers. It \< now esliiiiMted that if I\i';.';nlali(i!' • r.in he si 'iired helorc the next s(ted as to make it very d tliciilt to restore it ; .ind lliat if pelairie se.'ilin'.' coiitiniieH, witliiu live year> not only the A'ii-'win herd, hit also the iiiissiaii and .lapanese herds, will he well !iii,'li extin<;uislied. \Vlien it is borne in mind that our (Jovernment received ahout fi.Oito.ddO dollars hetwet'ii ls7d and IS'.id from the lessees who were i;iven the i>xclusive )»rivile;.'f of annually kiliin^jf 100, ddd male seals ahoxc one year of a;;e, and in l.'^'.ld, under the new lease. 'j'li'.'.iiT:^ dollars; h;,t in IS'.H only Kl,?!'.) dollars, and in Is-M? only L».'(.'.»7- ilollirs, and since l^ti:,' it has reeiivtil notliint;- (iiol\vilhstanJin;j ,".j;"i,uiid dollars is due) heeause of a ehiiin of the lessee- for a reduciioii of rental which awaits determinalion hy the Courts, if v ill he seen liiat lie 'I'reasii'y is heiiiir deprived of a vi-ry valnahle soiu'ce of revenue hy the operation-, nf the pelaufie sealers. Not only this, hut the (iovernment expended in l"s (ireai Hritaiu can h:- |air-.nai!('il to unite uiih this country in so m.Mlif;. iiiu,'aiHl eul.n;;iiij;' tiie l'e:;ul:ilioii- adopii-d hy the I'aris 'rrihnn.il —for IJu^sia ai.d dapin are reaily to join us the Canadian ptlij;ic s(;alers will witliin live years cwinplefely exterminate not only the Alaskan, hut llie l{iissian seal herds, and deprive this eoiinli'. < I' a \aliiahle souiei; of re\enuo and tlie world ot a ;;;ri'af hoon. And in:iMiiiii!i as all these seal skii'.>j I'o to I,otidon to lie pi.'ji.'ired and ilu-l. ui'. ini; empIoMiiriit tln"e to nearly .'jd.tKio persons, even (Jieal Ihitain heisclf \»ill he deprived »)f a v.'iluah!,' •oniee i f iiii-ome for her own people. It is hejievid that li i-. Canada lint i- standing;- in the way aiel l.o!.liit:jf hack (!reat Uriiain t'roin eo-openilin^ with us in the preservation ol' the miiI herd, and that when Canada sees that we pioj ' • to take suininaiy inea-iires to end not only tin' inhumanily that «• )iisij;ns thousand-' (■i' vuun;; seals to slow star\atioii, hut also the farce hy whicli \M' are expi'iidinji' l.ir'.,;e .-mns ot money to police I'ehrinij Sea practically to aiil her pi'ia:;ie seaiiTs in Ihe wor.v of e\terniinatln^ seal>. she will no longer einU'aveiir to preM'iit l')n-land Ironi niiiii.iu: «itli ns in ellieieiil measures to .-ave ilie seal lien's to the world. if, liowi ver, IN; iaii in thi -, as we liav,' failed under present conditions, iioLwiilisiandin^' wi' have heen ur^iie.;' (.rei: i'litain for more tlian a year to unite with us in measiires to pr, serve seal lile, tlien eon-iiieiations of nu'icy as well as econoiny and justice deinaiid that v.e should st'// J. I'liiDirrfatr li: ihr }fiiri] lies'* of Silllsliiirif, — (/{irrirrii Miiich lil.) My I.oni, W'lisii'mijhii, Miinli I 'J. \^'M). I IIWK tlic lidiiour to loiwanl Iicirwitii to your Ti()i'(l»lii|) cupy oi'a iiotu wliicli I Iiav< K (lived fVoiii ll:i' I'liitril Slates' S'iciitary ot Sluti: risjucliiitr the tlircalciifd f.vtiiK lioii ot'tlic scmI Ik'I'iI on tlic I'riliyloU' Islaiuh. V\. Olncy slatt's tliat tlx- S|iiiiiil A;,'(i\t in cliar;,'f ;on will alnii.>t eomiilitelv externiinati' llie fnr-seal lii'id. 'I Mr. ( Miii'v I'Miiit . (jnt ll:at u Ink-, lor the n asons uivcii 1)V liiin, ti H ri' was ii Kiiiui fnllinp; oi.' in \\:r loial catili i.f last season in the Nuilli I'aeilic and iielniiii,' t?ea asi conifarcd *Nit!i tli" e il;'!i i f I'^'.l I, on tlif oilier ImikI, the e.iteli in lielirin,^ .^ea iiieieasi-d vnrv Lii'-t Iv in I8'.i.">, >liiiwii l;v the fi'.'uri'S ii'iwu in his note. In liiiiijuin;.; these fails I, > '.hu attention of liir Majesty's (lovernment, Mr. ()lne\ ex|ir(sse.s the h"|ie tliat they will i.ali/.c the ah-oliiti! n(ei--sity of eonsentiii;^' lor tiie coniiii;^' Miisini to .son.e farlii'.r ri'i^nlalion re^iiidin^; the fur .^eal li>liery, to the eihl i!i,il tliu vuluahle herd may h.' >aved fron> tnt.d e\tennination. ViiMr Ilai:iis owini; to the e.\ee^.1Ive killing; of tlie niol'iers at sen, IKr Maje-.Iy'.-. (j'ouaawii: 111 are nriti d t;> |;iv(,' thi-ir luiisint to some new ref;nlation applieald:' within liiliriii;; Sea, wlr.i'h .xhall ohuate u ivsult ei|ualiy ealamiloiis to the inlerents ui hotii eonntrie-i. As.snioin; the (aits >.|ated in Mr. ()lniy'> note to he nndi>pnie;i, Ids present d in vonr l.onhhij)': proiiosal does not a|tpi'ar to conliiet with thi- vi \vs e\prcssii (li:s|,i;.(eh to Viseoiml (Joo'.ch of the I'l'th .Inly, i^'.K), as re'^-urds tiu' eireuinstaiKe.'i wliidi would jiistily a deparlnie liom the l{e;;ulations javscribed nndi;- the I'aris Award. I have tiaiisndlled a copy oi Mi'. Olnoy's i.ote to the Ciovernor-tieiKral of Canada. J have, itc. ^Signed; .ILldAN i'AlNCi;i'tJl'i; Inehtsiire in No. III. Mr, OInrii Id Sir ,/. I'lUinrrldlr tlisiandmi,' ita-ures to e demand al^iii'.,' "lall |iroei;od.s, Ivvi! Ili'iiry, Dr/i.irtiniiil of Sliilf, Wii'-hiiiijlun, Murcli II, IMXJ. IN 1 iiimci'tioii witl) pnviou". eiMre-poedenei' upon the sulijret, I have tin- honour to advise \oii < f the receipt ot' a hlter liom ihc .\etin^ Seeieiary ol the 'IVeasury td the 6th iiiMani, wherein he slates that aecoriiiii; to the last annual K port of .\Ir..). I'-, ('niwh-y, Speei.ii A;.:ent in eh irire nf the seal islmds, it appears t!'at, hy aetual count, •J<,oni) so.il |>ups (iK'd on the I'lihvloH' Islands duiin;; the p.isl season from .•'larval ion, their mothers having lu'cii hilled at >ea. A caiel'nl i Nlimale, h.ised upon a lartial count, places the nuinl)er ol pups wiiieii dud Iroin staivilion durini^ the season of IsDt at liO.ntiO. 'I'he count for IMKi was earelully veiilied hy an aijiul id' the North Amerieaii (.'ommereiul Companv njion the frihyloll' Islands. Mr. ( lowlev'.-. llijiort, with other papers, w,is recently traiisndlt'd hy ihe Seentary of the 'rreasuiy to the Senate, in coinpli.anee with the lli solution of tliat iiody, and is now, I tini!i'i»l;md, in the himds of the pidilie prinlci', its puhlieation having' heeii ordered. 1 (ihutl leipu'st Mr. Carlisle to give me eopie-, of this [iid>lie.\tion w hen printed, and >hall .send you, if jiossihle, copies thereof at the earliest praetieahle dale. I de^il■e, 1 lao, to call your altentioii to the un|)recedentcdly large caleh of seals in Jkhrini; Sea iluiini,' the past season. The total was -ll.lM), as eoinpared with .')I,;>S5 during tlie ^eason i)( 1S!j4. This is hy I'ar the largest eatch ever made in MeiiiiiiL,' Sen, iuul :*. is I'ciiovrd »!;;it imutiiff cilcli ul •■! i.il.ir 'i/' '"Y llu' eo.iiiii:; •.'.i^-iti will nlin-i-t CDiiipicU'ly i*xttT iiihatc du* rui-rt'.Ml lu-rl. I tun inlvini'd tliiit tlu' ;ircatrr p iilioii of tin mmI^ killfd at «. a v.'fn' iVinalis, 'I'll.' tul-it e:t!i!li «!iifincf tlic lii.t sou-*.'!! i.i llu' Nmili I'afit'n' -inl llfinin. S.a (V )in tlir .\ni(ri<:iM iunl was .',»» J'.l I . .it coii.jmr il nl;li tin- ;i>t;»l I'.jr |."'lll ..i •il,.'';''^. ;!ie s:iiall falliiv^ ml U ini; liuf to lli.- incK* i i-ncv <>( iIi" .viMitlicr h.-lweoii llu* (iiiiiimiti >ti •>!' i. m m.-.h ii.ivi. Oil tli ■ iit1i;*r liaii I, till" catili ill l>fliriii',* •''>«i iii'*rc:w(.(i vciy !ai"i;vly, us ijic li.'niv* lu'iiiii rcliirifil In willclca.h ilidicatf. I Iiivo li; Itriiij; lin-v-i.' fai'ts to ynur "•♦entimi iii tin lio|M' tir.tt lltM" Majc.'ty** («oViTni»ii?iit will ri-uli/'.' llic ii')N)lutc iicccii-i()ii imclicd tluTKiii witiuiir. iiiinA-o ..ry dil.iv, I liiiv.-, i>;f. isiiriicd) i;uii.\i;i) .ii,Ni:v. '*, ml .M). ; .1. >■/; ./. P'litc-tU til ll.c .UonyiM'.v.v '/ :<'illiliiir:i, — (Hki irvtl Ajinl 1.) My l.nni. W'l.-.hhxjtnii, Mnrr'. -J.-J, IMXI. Wrril id'ciTtii' t'l yi'ur I.Didsliip'y df piuii m lii • iJlht iiltiuiii, 1 have the lioiioiir to lia:isiiiit lu"U'«itli i-opy ol a iiv)tc wliii U, iii iicconiuiu'e v\i(li tlu- iiHtnictioiis tla-iiiii rout.ii:;.d, I linvi- addu'i-oil to tlic UliiUil States' (J. )VC'rriiiii;til uii tlic Mil.jtvt til' tlic iinr''ccj»aiy iiitcrlVrfiuv ot" L'uitod Siatt'i»' . r.iisoi* willi IJritisli scaliin,'«virs !• tluii' I'cii -iiii-'ialiDU lltiJiiit- liiiiii Uiiti.-i. i)!tic"iids ri'spiftli.i: tliu Milling ."la-.nii ol |!*',)'>, in uhicli ciiiiijilaiiit i:* iiKniiot'tln piMci? 'in;,"* of tlu- L'nitid States' rt•vcllu^.-c^■lli^el•8 iii k'iiii liiii^' aii'l ^ izini,' riiiii-li w^s.js wiilioiit siifKcicnt cau^c. I am liiiccti'd Iv i It r Majesty'^ IViiieipul Sforciarv ol' Sl.iti liir Foi'ii-ii .\l!aiis to I .itiiiiuiiiifi.ti- to your CIoviTinieiit tlir inclo-id docnmciii^. ami to Miliinii tin- tojiowini; oljsfU'atiniii tlicrvoi). Tlic doeiiiiit-nts foii>i»t of — I. A kttcr lioiii til" Cnllcctiir of ('a^toiii!« ar N'ictoii.!, of tin- l.'iili Oiloh. r las!, -. .\ Dn lanilioii of l-.aac A. tloiild, lll:l^t(•r of tin- .scaliiii:-s('lio.)iu r " Kallicriiie," ditailiiv.; tin- mrtliod-i otlioardiii!; mid scaivliiiij; vi'-s-ls, and of tin; < xainiii.itioii of r^r.nU -K'iiw. :\. A Statement of the iiiuucsof British vin" '• loarded hy United St!it<^' palrol-ve-inold duilnu' t'u' M'aMiii IJ*0"> initsid'' the l)()-irili- /.i iir iniiiid tiic IVilivlod' Islaiidh, with the hititiid'- and Imiuitudt' at the time ot'iaih vnii. 1. Copy of a eleaiaiiee rertificite i>riled to the Ihilisli Mulih^-ve-.sel " K. it. Miivviii,'' h\ Lieutenant ('nrii.i; ■ . I'l lied Hti'tr-;' Acliosr Ciistoins OlHcci' at ilie Island of Attou. It uppcaii* fr un lh«i>e pipeis that >iv.\ of t ■.veiil_\-liine vcs.clv which had then reliiiii'.u :ioai |{ hiinu' S'e;i, no less tlmn nventy^ix hid hren noaniod l>y United ^3flltes' iitlicern, ai'.ihht^'e, iti thu air^^iei^ate, ei};hty-t\vo limes. The aver.itje was, tlicrelbre, more than fhiv.' I)uarix tiiiif* in the tourso of t\\eii(\ four days. Iii nearly everv instance the AA IIMIVI- 'IIIL,'"' Hfiil sKiiit y\v\v rivi'ili:iiiK'. 'i lie ii«>r r(siilt of all this l.ilintii- •■■■n\ iiiiiioviiiu-a tviitt tliiit iIk' (r.tiic* it' till' lii.'himk of tlir " I'citliiiv" win- iomitl to In- :i I'-ix iliivs in iin(;ii', mill lliiil M iidl ' 'AX (iisciivri'ivl in one M-,'il-<«kiii. <>nt (if .i lmuo of M-^'i ou i).i:iiii tlio ** K. II. Mmviii,' wliuli. in tin- ('|iiiiii)ii of tlir I'niud Sliito-' iiimiI ollUcr, liiil llu- u|i|uiii':iii('(' ul hriiiu a xhoi wound. Dotli thexc vcisrl.-t wvw '•ci/.i d, iiiiil wui^ Hiiiis('(|U!'iit!y sent to \ ictoiii loc trial. .\ilihii;d u-pluMiMiii iird tiic Oditi r Coiiimniidiii^ lit r Majfsfy's .<«iii|i " I'luii-ait " liiiM' ;i!-o c'oiiiiiuiifcd oil ll.o IViijiuikx vsiih wliidi tiic V( s«iU wiic ^juiim, ainl on tlic inmiiKT III wiiicli tin- Maicli \\u* coiidncUil. 'riic.-c Ivo olliain ^-lalf, iniiirovi'i, that tlic men ulio (oitunand the sraliii^'-^'elKoiicih aii' iiumt aitxii uk t'l cairv out all IS-milutioiH tu till- Irttrr. lit r .Miij( .|\'> ( iovi viiiiuiil liiivi! al«o inn iiiloinnti tliat ihc I iiitnl >tMtis' nav d ollicci' . cm HJdrifd thcnn'L'lviH aiillioii/fd i Xo luiurd iiidi^criiniiialcl) ill Hiiii-ii srah r>, It will he (.h^crvod I'min tl:i' ror(';:i>lii^ >liiiitnai\ tlial ihr rinnpl lints ni' tlu- st'alii!i:-v( •.-(■1^ auainiit the I'liiti'd Stati"' i\ veiiuc-Pitii'iMs IkIoiiu' to tliin' diili'int catcsjoi ic- :— I. 'I'Ih' M'ixiiic i;l V(«>i'l!- for alk'i!;<'d < ihim.A on cvidiiac oliviou-lv inMiilicieiil. ". 'I'lir fXPriitic ol t! i- liulit ol' sciinli in ia«i's wluii- in Mi-ipiciim i N'^ts ns in an oHt'r.cf liiiviii'/ Imn coniinitli'd. :>. \ cxalitnis and iiu|iii->iit on ol >.ri/.iiic, it \\.\-< iiointt d o'.it in .1 n^ tf to Ml. ( li ham ol the 'UHl: ,\|iiil, \^\i4, and it h..> .-incf i)r«Mi iioliliid to ymir ioii^. «,i' the Hnti>'' Act of I'ai'li.iaicni, \vi:icii contain-, im |iii'vi-.ion •.ia.ii.ii' to »c(ii iii l() ni the Uiiiti'-h vcv.cis iiu'irly on the iiruuiui tliat tiny have .sealiii'.; appantii.H 01 iinpleim i:t.s on hoard. '11. c I'lilisli .\c; ot I'l'iiiainoiit only iii\c> a power to .-.ei/cwiicn an olliiiec hat l>i en coinmittcd, and thcOnhr in Coniicil .mthoiixes tlu- sei/.me ai.d dcl'iition ol' any lhili>li ve.'>sel whieii lias hccmnc liable ti ho ioiicite.l. h'.vcn hy the I'liited Statr-.' j.iw no '.•eneral pov.cr is eonlcircd to hoaid and •'eareli xecseU without sjiecilic '.^r.mi.ds ol sntipieioii. Aecmdinjilv , hy dirrction ol the .Mai(|i;i>> ol Saii'lnny, I h.id the lionom. in a note (d" the Mtli Octidier last," to iiilorm you that Ihitish 1 aval otli(ei>. \V(mld in fntuie dc'.diii;' to fid*pieihe "Heiie.', whith is a emitiaviiilioii of tl.c Hriti-li A.'t ol" I'ailianieiii. 'lie ic appears to have hten Mimi' nii'-coni'eption nii the par! ot the L'niied .'^fatt.;^' naval c' "eerh, who Imvc uttcinplid ti apply l'niied States' law to lhili«!i ves>els, as is shown hy the eleaianee eeitilicat.' ,:.:iiintcd to the " I'). 15. .Marvin," iiy i.ieiiteii.int ('.niiiine, li.ilcd .stale--' Navy, in whiih the I'rocj.nnaticm of tlie I'rcsid' iil and tile I'nit.d Slat, s' |{e.;n!atioiis arc (piott;!. .\ copy ot this t'Ciiilieate i.s anions the doeuiiunt.s iiu'loscd, and I aai direeted to hiinir it tu the notice ol'yonr (ioV( rmiient, with the ie(|uesl that the I'tiiteil -States' naval otruci>. may le inrormed thut their power-, ;>> (ar ;:s Mriti-h ves-els are eoneerned, e\i^l solely ill virtia; ol' lh(> Mrit>h .\cl of I'.irhamirnt, and the (>iderin Conii'-il iss.:i'd under it, and an- rc.>lrietcd within the limilN ol' the pro\i-ions hy which tl,n-e powers an- therein detinei!. The exercise of the liiiht olMaien i- hh' wise snhjcct to rcstnetioiKs. The Hritisli \et of I'liriiamcn: ciait.niis no section en.ihUnu m olliecr to -tep am! examine any vcssi-l such a- existid in the Sc.d Kisluty .Acts «)| I -111 ,iiid I. *>'.».!. The Arhitration Award ri'(|iiiird that tin- (drenees >pcci(ied in Articles I and 2 shmilil he piuhihitid, hut did ii'it re(piiie any ])rcveiitive aelmn la t'i;r;- the '•ommi'-'ioii ot the oH'cmc. ir an ollieer has lea.soii.ilde eai'?.- to suspect a vei*H( I ol ii:ivmy committed nn otleiiee, it i-^ open to him t t stop and e\.ii; ' le iier, hut he is clearly nol justilied, in the ahseiice ol any speeitie iiiDund Cor 8U«; icioii, n stoppiiij; and cxamininy every vessel he meets as a purely preeautionary or pre m 'JVi niei.suro. In any cine, tiie v.-xaiiou^ and 1. le die i-lor iiitcrrerence reported durinj tiie past • .S'ci- .No. -JS. ^> % IMAGE EVALUATION TEST TARGET (MT-3) // <. 1.0 I.I Hi ■10 iiiii2 2.0 1.8 1.25 1.4 1.6 -^ 6" — ► V] /^ <^. c,>. ^^ '^»' /^ ^'^^ ^ '^ /: t / / Hiotographic Sciences Corporation 23 WEST ;.iAIN STRZET t^'£RSTrr,N.Y. UitO (71d; «72-4S03 f\ L17 \\ fv '^-'.Vi* ^ -% ^4^ 6^ .H ' y Her Majesty's Govcnimeiit see no reason to bolieve f^at it is so lar e as to threaten early extermination. The necessity for the inmuHliate imposition of iiicroasrd re^rictions to take effect during the coming season does not therefore appear to he established, and it must he borne in mind that at this late period it is no longer possible to ^ive efrectivc warning of any change in the liecul.it ions to the large nnnilier of vessels winch have already cleared for the Japan coast fisliery, and which will, after that is concluded, proceed to Beliring Sea for the opening of the fishery in August. The imposition ot restrictions without duo warning would cause great confusion and hartiship, and would undoubtedly give rise to large claims for compensation on grounds which could not with justice or reason be disputed. Hut Her JMajosty's Covernnicnt fully share the desire so strongly expressed by Mr. Olney that all necessary and practicable measures should be taken to prevent the possible extermination of the seals. As a precaution for the strict observance of the Regulations prescribed by the Tribunal of Arbitration, and now in force, they will give ilirections for the employment of an additional (Muiser this season in policing the fisheries, although as far as they have been able to judge, the force emi)loyoh vessels at Unalaska applied to the officers of the Treasury Depart- ment to have their fire-arms sealed up, and expressed great dissatisfaction at the refusal of tl)3se officers to accede to their requests. As to the third ground of complaint, that the officers of the patrol fleet had been guilty of vexatious and inquisitorial interference, it seems necessary only to renew the assurance that there was no interference except a careful examination of the vessel and cargo to ascertain whether the skins were shot or freshly killed, in violation of the Award and the Biitisli Act of Parliament and Orders in Council. It is respectfully submitted that the right to seize and detain vessels, given to the officers of the United Slates by the Behring Sea Award Act and the Orders in Council, confers by necessary implication the right to search ; and it is further submitted that the right of search thus implied is as complete as in the somewhat analogous case of searching neutral vessels for contraband of war. Until the vessel is visited and searched, it cannot appear whether its purpose is legal or illegal, whether it is licensed or unlicensed, whether, in short, it has violated the law or obeyed it. It is further claimed in the communication of yoar Excellency that seizures under the Act of Parliament can only be made in cases where the British Act has been violated ; that under the Britisli Act and Orders in Council there is no power of seizure, merely because of the possession of forbidden sealing apparatus and implements. Ndthinj; is contained in the instructions to the revenue-cutter officers inconsistent On the contrary, these officers have been carefully instructed tliat the British vessels is limited to violations of the British Act, and must be exercised under British Orders in Council. If the officer has reasonable cause to believe that an offence has been committed, he is authorized, as this Government understands, to seize the vessel under the British law. To ascertain whether or not an offence has been committed, the officer must examine the vessel, for, otherwise, there could be no seizure with this claim, power to seize 61 -]■■•■'•"[" vessels the quitted, but liat she liud itrice " was rc(|uirc(l by tlie vessel d judgment nstrate that ;o(l to when infonuation he law was oard of the ies showing satisfy their during the I the act of ig Sea. It, inspect the in Beh'ing )n. 3llency, this et, that the lited States, le season of c searching iling-up the vas avoided 16 season of arms and Treasury h search as forbidden ie masters II ry Depart- refusal of t had been renew the vessel and the Award submitted ates by the implication nplied is as itraband of ose is legal the law or under the ated ; that Ely because iicousistent d that the I must be to believe ;rstands, to i has been no seizure except where the vessel is caught in the very act of violating the law, which would rarely hapnen. As to the reference in your communication to an agreement with the Secretary of the Treasury in the year 18!)4, thut the instructions to officers of the United Stafes should be similar to those given to the officers of the British navy, your attention is invited to the following extract from the instructions to British naval officers engaged in the patrol for the year 1894, transmitted to this Department by the Honourable W. P. Roberts. The letter of Mr. Koberts also incloses a copy of a letter from the Secretary of Rear-Admiral Stevenson, of the British navy, in which it is stated that the instructions for 1895 were precisely similar to those of 1894. "If the vessel, which appears to be a scaling-vessel, is found in any waters in which at the time hunting is prohibited, the officer in command of Her Majesty's ship should ascertain whether she is there for the purpose of hunting, or whether she has hunted, or whether she was carried through by stress of weather, or by mistake during a fog, or is there in the ordinary course of navigation on her passage to any place. 5f he is satisfied that the vessel has hunted contrary to the Act, he will seize her and order her to proceed to a British port hereinafter mentioned ; but if the officer is of the opinion that no offence has been committed, he should warn her, and keep her as far as he thinks necessary and is practicable under supervision. He must judge from the presence of seal-skins or bodies of seals on board, and other circumstances and indications, whether the vessel has been engaj^ed in hunting." The above instructions plainly contemplate that every ship overhauled by a cruiser shall be carefully searched and examined for the purpose of ascertaining whether or not a violation of tiie law has been committed. Although limited in terms to areas in which seal hunting at the time is prohibited, yet clearly their spirit would seem to apply to searches in Behring Sea, where seal iiunting by fire-arms is at all times prohibited. The right of search plainly implied by these instructions has, however, rarely, if ever, been exercised by British cruisers, for the reason that during the season of 1894, although the United States' Government furnished twelve vessels for thepatroUing fleet, at an expense, including pay of officers, crews, and rations, of 198,554 dol. 49 c, only one patrolling vessel was furnished by the British Government. Furthermore, during the season of 189.5, although five United States' revenue- vessels patrolled the Award area, at an expense of 69,064 dollars, only one, the " Pheasant," was furnished for the patrol by the British Government. Furthermore, our official reports are to the effect that the " Pheasant " remained almost constantly in Unalaska Harbour during the season when seafing was permitted in Behring Sea, taking no part in the patrol. The reference in the communication of your Excellency to the protest annexed to the letter of Isaac A. Gould, owner of the schooner " Katherine," as to the action of a United States' revenue-cutter with regard to the schooners " Webster " and *' Willard Ainsworth " will receive most careful investigation by the Treasuiy Department. It may also be added that the form of clearance to be granted in the future by the revenue-cutter officers stationed at the Island of Attou to British sealing-vessels will omit any reference tu the President's Proclamation or to the legislation of Congress. X have &c (Signed) ' RICHAED OLNEY. No. 42. Sir J. Patlncefote to the Marquess of Salishufy, — {Received April 30.) (Telegraphic.) Washington, April 30j 1890. BEHRING SEA Regulations. I have communicated the substance of your Lordship's despatch of the 17th instant to the United States' Government. 'Hiey urge strongly that the English riaturalist who is selected to visit the PribylofF Islands should visit Washington before proceeding to Alaska, in order to confer with the officials of the Treasury Department. It is thought that his doing so would greatly promote the objects of iiis mission. \ '4\^>" tit .If -I «■■'' tmm . lit 61 No. 48. Sir J. Pauncefote to the Marquess of Saliibury. — (Received May 1 1.) My Lord, Washington, May 1, 181)6. WITH reference to your Lordships despatch of the 17th ultimo respecting the possible extermination of the fur-seal herd in Beliring Sea, I have the honour to forward herewith to your Lordship copy of a note which 1 have received from the Secretary of State, in which he states that the United States' Government welcome an independent inquiry by the British Government into the present state of the herd, through British and Canadian AgentR. Mr. Olney adds that the United States' Government will grant all needful facilities for their investigations, and suggests that the naturalist selected by Her Majesty's Government shall come to Washington on his way to Alaska. I have, &c. (Signed) JULIAN PAUNCEFOTE. Inclosure in No. 43. Mr. Olney to Sir J. Pauncefote. Excellency, Department of State, Washington, April 29, 1896. I HAVE the honour to acknowledge your favour of tiie 27th instant, being an answer to my note of the 11th ultimo, wiiereiu is urged the adoption for the coming season of further restrictions on pelagic sealing in Behring Sea, in view of what the Government believes to be the demonstrated imminent extermination of the fur-seal herd. Witiiout at this time adducing any additional considerations in support of the position taken by the Government, 1 hasten to say that it welcomes an independent inquiry by the British Government into the present state of the fur-seal herd through the British and Canadian Agents referred to in your note. They will be given all needful facilities for their investigations by this Government, which will request the N^orth American Commercial Company to give them all convenient transportation facilities on its steamers. I venture also to suggest that if the naturalist selected by the British Government should come to Wasbingtor. on his way to Alaska, and have a free and full Conference with Assistant Secretary Hamlin, the objects of his mission would probably be greatly promoted. I have, &c. (Signed) R. OLNEY. ... No. 44. The Marquess of Salisbury to Sir J. Pauncefote. Sir, Foreign Office, May 13, 1896. THE request of the United States' Government that they should be represented by counsel at the trials of British sealing-vessels seized by United States' cruisers in Behring Sea has received careful attention. Their proposal, as stated in your Excel- lency's telegram of the 23r(l September last, is acceptable to Her Majesty's Govern- ment, who see no objection to the cases being watciied by counsel on behalf of the Government of the United States, and are willing that the counsel so employed should be permitted to examine the pleadings and to make suggestions to the Government counsel. Such suggestions should, however, be confined to the object of protecting United States' interests, and could not l)e admitted as regards the enforcement of the Behring Sea Award Act, the enforcement of that Act being the duty of Her Majesty's Government. Your Hlxceliency is accordingly authorized to signify the nsscnt of Her Majesty's Government to the United States' proposal, with the limitation specified above. With reference to thp suggestion previously made, that the United States' Govern- ment should be recognized as a party to the litigation, with a locus standi before the 63 Court, I have (o state tliat Her Mni'esty'H Clovernincnt would t)o unable to consent to sunh an arrangement in tlic existing ciit'unistanee.s. The aitnntion woulJ l)e altered if the United States' Government were to outer into an Aa;reemtiit to satisfy the judgment of the Court if the seizure shouUl he htld to be wrongful. 'I'hey would tlien have an interest in the result of the ease, which would make it reasonable that they shoulil be allowed in some form to take an active part in the conduct of the proceedings. The otlicer who actually tnade the seizure might become formally responsible for ti:e i onduct of the prosecution, and for any danuiges which the Court might award. It such an Agreement ns to the payment of damages could be arranged, and if the United States' Government should be unwilling to cop' nt to it merely on the terms of being allowed to watch the case and make suggestions, L might perhaps be carried out by allowing them to empl(»y solicitors and counsel to conduct the prosecution of the suit, in the name of the Crown. This would insure that the United States' case would be presentuil to the Court, not only ade(|uately, as at present, but in a nuvimer consonant with their special views in each particular instance. I have to request your Excellency to ascertain the wishes of the United Slates' Government in tliis matter. In the course of your communications you might sound the United States' Govern- mcnt as to the proposal which has been made that an International Court should be established for dealing with claims arising out of the action of the officers intrusted with the enforcement of the laws enacted by the Legislatures of the two countries for giving effect to the Award. I nm, &c. (Signed) SALISBURY. ■ '.':•. ) No. 46. Sir J. Puuncefote to the Marquess of Salisbury. — (Received May 14.) My Lord, tVashinyton, May 5, 1896. ON receipt of your Lordship's despatch of the 17th ultimo, i addressed a note to the United States' Secretary of State (dated the L'Ttii) explaining in the terms of your Lordsiiip's despatch the views of Her Majesty's Government on the supposed danger to which, as affirmed by Mr. Olney in his note of the 11th March last (inclosed in my despatch of the 12th March), the fur-seal herd in Behring Sea is exposed by reason of the increasing slaughter of female seals in milk in the vicinity of the Pribyloff Islands, though outside the radius prescribed by the Paris Award. I have, &c. (Signed) JULIAN PAUNCEFOTE. No. 46. The Marquess of Salisbury to Mr. Bayard. Your Excellency, Foreign Office, May 14, 1896. I HAVE the honour to acknowledge the receipt of your note of the 18th ultimo, respecting the question of extending the Seal Fishery Regulations embodied in the Award ot the Paris Arbitration Tribunal to the western side of the North Pacific. I er Majesty's Government wish to dispatch an Agent — a properly (jualified naturalist — to the Commander Islands during the approaching season tu observe the conditions oi seal life there, and to collect information as to the working of the existing arrangenent with Russia, and they propose to apply to the Russian Government with a view to the local authorities being instructed to aft'ord all necessary facilities and to co-operate with him in carrying out the object of his mission. Pending the receipt of the Report which the Agent will be instructed to furnish Her Majesty's Government will not be in a position to enter upon negotiations. I have, &o. (Signed) SALISBURY. 64 I" * »t r No. 47. The Marquess of Salisbury to Sir J. Pauncefote. (Tck'jjraphio.) Foreign Office, Mm/ 16, 1896. REFERRING to your tele^jram of the 30th ultimo : Instructions will be given to the Agent selected to visit tlio Pribyloff Islands to proceed by way of "Washington, as requested by the United Status' Government. No. 48. Sir J. Pauncefote to the Marquess of Salisbury. — {Received May 18.) My Lord, Washington, May 6, 1896. I HAVE the honour to transmit to your Lordship herewith copy of a note which I have received from the United States' Secretary of State, in further reply to the note which, as reported to your Lordship in my despatch of the 23rd March last, I addressed to him on the 19th of that month in regard to the action of United States' cruisers engaged in patrolling the waters of Behring Sea during the past scaling season. jMr. Oiney in that further note refers to "the affidavit of I. A. Gould to the effect that a United States' revenue-cutter last year failed to seize two American sealing- schooners which were within the prohibited zone of the Pribyloff Islands," and he adds that the above statement has been specifically denied by each of the American officers in charge of the patrolling cruisers. In acknowledging Mr. OIney's note, I have pointed out to him that the ciiarge was made, not by I. A. Gould, but by Captain Folger, of the American schooner "Webster," whose statement is merely quoted in the affidavit of Gould. I have, &c. (Signed) JULIAN PAUNCEFOTE. Inclosure in No. 48. Mr. Olney to Sir J. Pauncefote. Excellency, Department of State, Washington, May 2, 1806. REFERRING to that part of your note of the 19th March last which relates to the affidavit of I. A. Gould, to the effect that a United States' revenue-cutter last year fixiled to seize two American sealing-schooners which were within the proliibited zone of the Pribyloff Islands, I have the honour to state that the Department has received a letter from" the Acting Secretary of the Treasury, in which he says tliat the American officers in charge of the patrolling vessels were furnished with a copy of this statement, and reports have been received from each of them denying specifically the charge in question. I have. &c. (Signed) RICHARD OLNEY. No. 49. Sir J. Pauncefote to the Marquess of Salisbury. — {Received May 18.) My liord, Washington, May 8, 1890. IN my despatch of the 5th instant I had the honour to report to your Lordship that 1 had addressed a note to the United States' Secretary of State, einbodjin^ the terms of your Lordship's despatch of the I7tli ultimo, setting forth the views of Her Majesty's Government on the subject of the danger to which it is alleged by the United States' Government that the fur-seal herd in liehrin;; Sea is exposed by reason of the increase of pelagic sealing and of the slaughter of female seals in milk. I have now the honour to inclose copy of Mr. OIney's reply, from which it a|)pears that the accuracy of the facts stated jn my note, and of the conclusions drawn therefrom, 66 6, 1896. Islands to tit. ) 6, 1896. ote which I ;o the note ch last, I ited States' <; season. J the effect :an seaHng- nd he adds 1 officers in cliarge was ' Webster," EFOTE. 2, 1896. ilates to the year failed one of the ved a letter officers in ind reports )n. JLNEY. 8, 1890. ir Lordghi|) odjinj; the- ws of Her tiie United ison of the it appears therefrom, is challen.;ed by the United States' Secretary of the Treasury, in whose Department the subject ol tlic seal fisheries is s|)ecially dealt with. I have &c (Signed) ' JULIAN PAUNCEFOTE. ludosuro in No. 19. Mr. Olney to Sir J. Pauncefote. Excollono\ , Department of Stale, IVashiiigton, May 7, 1890. HAVING sent to the Honourable the Secretary of the Treasury copy of your note to me of tlie 'J7th April last, I am now in receipt of a letter from the Secretary, from which the following extracts are taken : — " In tlic note of tlie Hritish Ambassador it is stated that the whole catch taken from the Alaskan herd, including the land catch on the Pribyloff Islands for the years 1894 and 1895 was 7],7H» and 71,300 respectively. Wiiile this statement is substantially correct for tiie year 1895, it would appear that in the year 1894 a larger number was taken, namely, 70,871 — 01,838 at sea, and l.5,0;53 on the is^lands. "The further statement is made in said letter that the fur-seals show no apparent diminution in numbers, and attention is called to the fact that the sealiufj-vessels in Behrinp Sea made practically as lariie catches during the season of 1895 us in that of 1894, whk'h fact the Ambassador contends does not point to the inmiediate extermination of the fur-seal herd. The fact, however, that the seals on the islands have decreased at least one-half since 1890 would seem to answer this claim. A further answer will also be found in the Report of the Secretary of the Treasury for 189j on p. cc, wherein it appears that the average catch per vessel on the north-west coast fell off 57 per cent, in 1895 as compared with 1894, while the average catch in Behring Sea fell off 12 per cent, as compared with 1894. At the same time, while the percentage of females killed in Hehring Sea were the same for British vessels in 1894 and 1895, there was an increase from 69 to 73 per cent, for American vessels in 1895. That the seal catch is mainfained at the figures cited is because of the fact that Behring Sea is a nursery for the herd while it is on the islands, and of the further fact that the seals can be killed easier while in Behring Sea than when travelling off the Pacific Coast towards the islands. "Tiie statement of the Ambassador that the total land and sea catch from tha Alaskan herd in 1895 was only about one-half of what the same was in 1889 would seem to be a further convincing argument as to the decrease in the seal herd. In this connection I would state that in 1889 the catch on land and sea was about 132,000, of which 102,000 •were taken on the Pribyloff Islands and 30,000 at sea, the pelagic catch being about 22 per cent, of the total. In 1895, on the other hand, the pelagic catch — ')6,2!.il — had increased to 78 per cent, of the total — 71,291. From 1880 to 1895 the pelagic catch increased from about 8,000 to 5fi,000, or 600 per cent., while the Pribvlolf Island catch decreased from 105,000 to 15,000, or 86 per cent. " It is stated also in said letter that it would now be too late to give effective warning of any change in the Regulations, and that vessels which have cleared already for the Japanese coast would he seriously injured by any change at this late date. I have the honour, howevei', to call your attention to the fact that the modus vivendi of 1891 was agreed upon as late as the 15th June." I have, &c. (Signed) mCHARD OLNEY. No. 50. The Marquess of Salisbury to Sir J. Pauncefote. Sir, Foreign Office, May 21, 1896. WITH reference to the note from Mr. Olney, of which a copy was inclosed in your despatch of the 14th April, I have to state thiit the reply of the United States' Government to the complaints against the action of their revenue-cruisers in Behring Sea does not remove the impression that, during the sealing season of 1895, British vessels were repeatedly overhauled without sufficient cause, aud, although Her Majesty's Government have no desire to prolong the correspondence on this subject, there are certain points in Mr. Olney's note on which it seems necessary to make some comment. [638j K :Viil M I'i ^"A-' • ''-Hi' ;;T^ : .■ ri^^'S; ■ f "'." ^; -■ ,v* ■^. ■ «*;; ?^ " -* ;s«ir=i ;tr ^i'.- ■ <-.. }|»>r MiijoHtyV OovorntiuMit hiivo now Icnrnt for the Wni timo of the ri'iiort whirli roftoluMl (lu* Uiiiloil HlaU's' TroiiHury l)i<|)iirtiii«'iit Hint tluf law lirul Ihumi HyHiiMimticalljr violated ill |S|Mi liy tlu> imo of tln<-ariiiH in Molirin;; Sea, and hy iht' making of fulHo « hox of (lie NoalH wliicli w<>rti kiiloil. Tli*^ lirHl part of liiat report iH Hcarcfly consislonl n ill) liio iiu't that Itritiwh vchhoIh Hhowcd Hnch rratliiicHH to liiivo thfir arniH Noalcil n|i in IHilt, ami apiin in 1805. 'I'hc UniliMl Sfatt'H (iovcrnincnt arc, moreover, well aware that Her Majesty'H (ilovernnieiit cnily refuNetl to renew (ho a^^reement for tlie m*aliii;;-n|i of ariiiH in IHOA, lieeiiiiHe it liuil mil JilVonleil to Mriti.Mh vossoIh the iininnnity fnun Heareli which hail liecii exiicctcd to rcHnlt from the oliHcrvancc of itw ]irovisionM. It shonld hIho ho remcmhcred that thoH(> vcHmtlH which cleared fr sulliccd to Hctlie the matter, and also to verify the accuracy of the entries in the lo'.';-hookM. Her Majesty's (iovernment are nnahle to accent Mr. Oliiey's viewH in rej^ard to the rifjht of searcii. In the ahsem-e of circumstances warrant in^f suspicion, the scaliiif^- vessels are «'iilitled to ho exempt from e\e<'ntiv»^ iiiterlerence, and the llritisli Act of I'arliamenI and Orders in Conncil do not' ^ive any general rii:;lit of indiscriminate search for the purpose of discovering^ whether an ollenc** has Ikmii connnitteil. Il may he presumed, however, that the (Initcd Stales' aiilhoritics havur l'!\cellency to connnunicato the iorefjoin^j remarks to Mr. Ohiey, and to say tlial Her Majesty's (Jovernmeit trust liiat (he rij^ht «d' searching Mritish vessels, conferred on I'nited States' naval ollicers l»y Imperial Le^jislation, will he exercised with the dis«'riniinati(m n'tpiisite in nsiujj; so exc<'plioual a |towt'r. I mil, &v,. (Sit,'md) SAMSHDRY. No. r.i. Colonial Office to Foreitjn Office. — {Received Mai/ 23.) Sir, Doirniny Street, May 'ill, IH5M5. WITH reference to previous correspondence respect inj; the proceedings of the United States' cruisers to Hehrinu^ Sea Inst ycnr, I am directed hy Mr. Secretary Chanilierlain to transmit .to yon, to he laid before the Manpiess of Salisbury, a copy of a despatch and its inclosuies from the Governor-General of Canada report iuf? the arrnnr», iikI Ixm'u I ItritiHli III) iiriiiH y liiiliiui |{«>V(>IIIIO n't'xfy th« 1(1 to liio • HIMllillK- ii Act of ito Hcnrc^U now cuii- Mniilicaliy t! cxiHtinf^ I'lniirlis to Hcim'liin^ iilion, will lUIUY. s of tho Socuetary ry, a copy loilinf; the iiinkc to se of liro- iiial. th a ccr- aiubcrlain liiig-up of nicatcii to *1ST0N. 3, 1896. honour to Report of the alleged dintaliitfuctioii ot the Mutlcrit witli the fuilurn tealers, the conclusion could not he avoided that the reasons existing a^;;ain8t the measure, in the first instance, retained their full force, and must he greatly supplemented in respect of my obligatory arrangement which may be proposed. The Minute of Council added : — "If no other alternative remains for the sealers to avoid seizure under the circum- stances, the ({uestion of waiving the principle may become expedient ; but it would seem that some means might he devised by them, where such large interests are involved, whereby their guns could either be transferred and sent home, or left in custody at some rendezvous, until their operations in Behring Sea were concluded. "Such a course might change the appearance of necessity for an arrangement for a practical extensioa of the Award restrictions, out of which may grow other, perhaps more objectionable, expedients. " It will not be forgotten that last season only eight of the Canadian sealing fleet could have availed themselves of an Agreement for sealing.up of arms prior to entering [638] * See Iiiclosurc 3 in No. 'il. K 2 «,^:' 68 i'*< (.1^ rj' 'Bbhring Sea had such existed, since only that number operating therein were possessed of fire-arms, and those conditions were practically ideiitical in respect of the year 1891. "The Undersigned further ventures the opinidn that the danger to seal life is not sufficiently great, nor is due protection of the seals of such paramount importance as to warrant a proposal which would deprive sealing skippers of revolvers for their personal protection, or their signal guns for recalling their men in these remote regions. " The Undersigned would further report that he has caused instructions to be issued that the sealers should again be consulted as to any means which they may be able to devise in the direction above indicated which may render unnecessary the further pressing of tlie suggestion that an agreement for the sealing-up of arms prior to entering Behring Sea should be reached." The Undersigned would, observe >hat for this purpose he. addressed the appended communication to the Collector of Customs at Victoria, explanatory of the position of your Excellency's Government in this connection, and requesting before final action that an attempt should be made to obtain the views of the interested parties on the proposal. The Undersigned has now the honour to report, for the information of your Excel- lency, that he has received in reply from the Collector of Customs two communications, dated respectively the 10th and 15th February, 1896. In the communication forming Appendix II, the Collector says: — " In compliance with your directions to further consult the owners and masters of sealing-vessels as to whether some means cannot be devised by them whereby their guns could either be transferred and sent home, or left in custody at some rendezvous until their operations in Behring Sea were concluded. " I am pleased to inform you that I have seen the greater number of the owners and several of the masters, and I have made, I think, nearly complete arrangements whereby your wishes will . be carried out, particularly in regard to twenty-eight vessels which are now on their way to Japanese waters, and have fire-arms on board, and which are likely to proceed to Behring Sea after the sealing season is finished on the Japan coast. " 1 have arranged with Captain Cox, who is a representative owner of sealing- vessels, owning himself eight, and the authorized agent for nearly the whole of the other vessels on the Asiatic side, and who has already gone on the last steamer to Yokohama to look after the welfare of the vessels with which he is intrusted, to ship and return all the fire-arms from Hakodate by steamer to this port at the risk and the expense of the owners." He then explains that after lengthy interviews with Captain Cox he fully appreciates the position, and he feels sure that the arrangement will be faithfully carried out ; while ■regardinj: any vessels which proceed to the neighbourhood of the Komandorsky Islands endeavours will be made to have their arms transferred to some homeward-bound vessel, or to have them left at some rendezvous until their operations in Behring Sea are concluded. In the supplementary letter, forming Appendix HI to this Report, the Collector, in referring to the alleged canvass of the British sealers made by Captain Hooper touching the point as to the desirability of having their arms sealed prior to entering I3ehring Sea, shows, as pointed out in the Minute of Council previously cited, that the canvass could only have applied to eight vessels in all, and that many of the sealers denied that they had been so canvassed. Tlie Undersigned recommends that your Excellency be moved to forward a copy of this Report, if approved, together with its Appendices, to the Right Honourable the Principal Secretary of State for the Colonies, in continuation of the Report and Appendices embodied in tiic approved Minute of Council of tlie 27th January, 1896. i\cspeciiuui (Signed) I.I 1 ... .; ...■_• f suomuteu, JOHN COSTIGAN, Minister of Marine and Fisherief. .It ■ - i . :. . 1 69 )«sessed of 891. life is not ance as to ir personal be issued be able to er pressing ag Behring ! appended he position linai action ties on the rour Excel- lunications, masters of their guns i until their the owners rangements venty-eight on board, tinished on of sealing- liolc of Ihe steamer to to ship and the expense appreciates out ; while sky Islands und vessel, ing Sea are bllector, in r touching ehring Sea, nvass could at they had d a copy of juiable the Appendices ■N, • Fif^herief. APPENDIX 1. Sir, " [riithiit'd.] I HAVE to rovort to your Icttin' of the Gtli ultimo, in rejily to n I>iipartmoiit:il cinnnnini- Ciition of the 24tli OctobiT List, on th'o suliject of tin; sealing-up of tliu implomonts of tlii' si'uling fleet. TliP nttitutlo of tlio soulers, in tins respi'ct, as giitliiTcd from your communication, is uinlcvstooil to bo as follows : — Tiiat wliilo tlicy at tirst strongly proti'sl aiiainst the arningcmi-nt for tlio scaling of anus, the events and cxjicricncc of the ])iist fciison have indueeij them to ehniige their views on the sulijeet, und after diligent inqtiiry among the owners and masters of sealing-vcssi'ls, whether they desire to have their arms sealed nji, to jirevent intirrui)tiiin and srizure, you met with the reply that they did so desire, so far as the liehring Si'a voyage was eonreriid, hut not at any other time. The explanation (ill'ered heing, that a mnidier oi seal-skins were last year secured in liehring Sea outside the til)-nule ziaie, with shdt-holes in them, which Windd be, anil had heen, elain.ed iiy the United States' anth^irities. as sullicient reasuu for seizure of the ves.sel possessing tliem, and having unsealed tire-arms on board. The position amounted to the danger of facing linancial ruin, or having their guns sealed, which latter expedient they conceived wnuhl prohal'ly lessen their chances of seizure. You will, of eonrfe, oh'^erve, from the inchisnre to the letter of the 24th Octohi-r, 18'.*.", that the sealers are made to a]ipear rather to regret the action of ]Ier Majesty's (lovernment on ret'iising t*) agree to a renewal of the arrangement I'or the se!\ling-np of arms, and consideralile stress is laivl u))on the ii.i'ident, that when they aiiplied to iiave their arms sealed, and were refused for want of autluaity, their seenung cndiarrassment was imi'liedly atti'ihuted to the fact that Her Majesty's (iovernmcnt had not sanctioned the renewal of the ex)iedivn; of the previous year. This p'lsilion is entindy erroneous, sinee the Agreement for the scaling-up of arms, which provided the only authority (Iri'at li.itain has ever given in that direction, was ciwilined solely in its application to vessels iraversing tiie area afrn.ted by the Award during the close sca.-.on, and had no reference whatever to I'l'liring Sea, inasmuch as those waters are not, under the new conditions of the industry, entered by the s(>alers mUii the do.se season has expireil. Therefore, even in 1S'J4, when the .Agreement was in full force, the United States' olliiials had no authority to seal the implements of l'.riti.sh sealers, which entered IJehring Sea, on and alter the 1st August. The conditions, therefore, in that year in no way dilTored from those of 189.". According to Captain Hooper's statement, all the " vess.ds from their home ports were without guns ;" and, according to yotir I!e]iort, only eight vessels which entered liehring Sea had tire-arms on board, these being those which came tVom the Asiatic side. Yet Hone of the other vessels, which had no lire-arms, were exempt from constant boarding, search, and overhauling of seal-skins. The volunlary nature of the lirst Agreement for the sealing-tip r.iveit to have been a failure, and Her Majesty's (lovernment were induced to discontinui' it because it had not [irovided that protection against uinieccs>;iry inter- ference which ostensibly it was de-igned lo do. Any arrangement of an oliligatory natiue winch may grow out of the ]iresent featur- of the case must nece<;sarily, it seems, .seriously att'ect every sealing-vessel I'ouml in the Korlli i'aeilic t)cean east of the ISdtli meridian, lielween tlie 1st May and the .'list duly; aiiil in liehring Sea lu'twiiii the 1st August and the end of the sciisun. w ho-;c liru-arnis and sjiears on thi' mie hand, ami wiior^e li'.e-arms on the other hand, had not already b en sealed when met liy a cruiser. I do not regard it niiicessar. to discuss fully in this letter the details of the objections in principle which obtain to any airangenient virtually extending the restrictions of the Award; luit I Inive brielly statdl the above I'ealiHcs to enable vcai to eli'ectively discuss the qtiestion with sealers. ticnerally speaking, the same grounds as previoiisly existed to the expedient, and which operated to convince Her Majesty's (iovernmcnt of its nnadvisability, are as forcible as they ever were. It is .scarcely to lie conceded that liecausn circumstances can combine to coerce the sealers, through fear of unwarranted and tlisastrous interference, to avail themselves of the only remedy ofl'eied tlieni by the I'nited Slates' authorities, this is a fair and reasonable eondilimi of the industry, as vindicated by the Award. No such surrender of right, lucvever expedient, otight, it seems, to be necessary. Should it apjiear that there is no alternative then a forced waiver of right and princiide, the danger of thi' sealer might possibly suggest such relimjiiishincnt ; but while the position of the sealers, with extended coiu'.nents, had l~een communicated to Her ^Majesty's (lovermacnt, [ should like you, before linal action is taken, to further consult the owners and masters of sealing-vessels as to whether .somt' means cannot be di ■ ised by theiLi whereby their guns could either be transferred and scut Ikuuc, or left in custody ut some rendezvoii.s, until their operations in the liehring Sea were coucluded. Such a cour.se might change the apiiearance of the necessity for an arrangement admitting a jiractical extension of the Award restrictions, out of which may grow other and perhaps more objectionable expedients. I should be t)bliged by aa early a reply as possible. Yours truly, ..:'l % APPENDIX 2. ■>' feu - Cutlovu, Canada, Victoria, Britiih Columbia, Sir, February 10, 1896. I have the honour to acknowledge the receipt of your letter of the 20th ultimo, reverting to my letter of tlie 6th December last, on the subject of the sealing-up of the implements of the sealing ileet, iu which I endeavoured to give the attitude taken by the sealers in this respect. I beg to say that I have carefully considered your letter, in connection with the inclosnre to the letter of the 24th October, 1895, in which tlio sealers are made to appear rather to regret the action of Her Majesty's Government in refusing to agree to a renewal of the arrangement for the sealing-up of arms, and that when they applied to liave tlieir arms sealed up by the American officers at Dutch Harbour, their seeming embarrassment was attributed to the fact that Her Alajesty's Government had not sanctioned tlie renewal of tlie expedient of the previous year. I have interviewed nearly all the masters who were in Behring Sea last year, and I could only come to the conclusion that the statement made by Captain Hooper is erroneous, as all the vessels that entered Behring Sea from this port had only spears, and that having reached 1 )utch Harbour from their home port witliout tire-arms, there was no necessity for them to have any interview, or request any favour, from tlie American officers, or to give any expression of dissatisfaction, as they would proceed ou the 1st August from there to the sealing-grounds in Behring Sea, as those waters, under the new conditions of the industry, not being entered by the sealers until the close season had expired. The sealers are perfectly cognizant that the only authority Great Britain ever sanctioned in the sealing-up of arms was for the year 1894, and was confined solely in its application to vessels traversing the area affected by the Award during the close season. I am impressed from what I have heard that while the sealing-vessels were at Dutch Harbour, just before proceeding to the sealing-grounds, stiitements were made by the American officers that the United States' patrol fleet would take every advantage of the fact that they had arms on board, knowing that many schooners might be found with some seal-skins with shot-holes in them, and which it would be very hard for the unfortunate sealers to disprove having shot them; in any case the patrol-vessel would no doubt allege that they had justifiable grounds for sending them back to this port for adjudication. The menacing attitude of the American officers as to the rigidity with which they intended to carry out the patrol, had become well known amongst the sealing fleet, and no doubt at this particular time at l)utch Harbour Captain Hooper might have found our sealers in a frame of mind disposed to accept any reasonable proposition to avert the danger of interruption, seizure, and probable financial disaster. It appears to me Ihat Captain Hooper, in making a canva.«s of the British sealers at Dutch Harbour to ascertain how many wore in favour of having their arms secured under seal, and which, ho says, was found to be ..iiauimous, certainly ilid not intend to afford any relief to the anxiety of our sealers ; but it was evidently for the purpose (if impressing them that the contention of the American Goveriinient was correct as to tlie sealing-up of arms, anil so eiideavnur to throw the responsibility of seizures upon the British (Joverniiient and U\ furnish the United States' authorities with a great lever bj' the alleged admission of the sealers that the sealing-up of arms provided the only safeguard, and might give grounds fo- the necessity for its extension to other parts of the Xorth Pacific Ocean during the close season. Itcferring to my letter of tlie lith Deceiiiber last, when I .stated that I had inter\uewed the masters ii'a that the averagi- catch per vessel in Pehring Sea fell off by 12 per cent, in I89's on the assumption that tit'ty-nine vessels were cng^jged in the fishery there, and that liiey all completed their fishing se.isnn. It appears, however, from the detailed Reports, that only fifty-' ight vessels took part in the fisheiy, viz., forty Hritish and eighteen American vessels. Of these, the " E. B. Marvin," the " Beatrice," and the " Louis Oisen " were seized in the course of the season, and did not therefore complete their catch. Only one vessel, the " Favourite,' was similarly seized in 1894. In bringing these observations to Mr. 01ne\'s notice, I have to request your Excel- lency to adii. with reference to the last paragraph of his note, that, owing to the notice of the modus civenili having been issued so late in l89i, Her Majesty's Government paid a large sum as compensation for interference .- ith tl>e scaling industry, and that they are unwilling to incur such a liability in the present season without paramount necessity being shown to justify an ititerruption of the fishery. I am, &c. (Signed) SALISBURY. i. <'; No. 54. Admirully to Foreign Ojficc — {Received June 26.) gif^ Admiralty, June 2i, 1896. 1 AM commanded hv my l.oids Conimis-ioners of the Admiralty to transmit herowitli. tor the infoniialioii of the Secretary of State, copy of a letter, dated the 1st instant, troni the Cominander-in-chicf on the Pacilic Station,. giving the reasons for 73 the " Plicasant" havinj; remained in tlic neighbourhood of Unalaskii durina: the sealing jiatrol season of 1895, and statinu; tliat three ships will be employed on this service t, I addressed a note on the 19tii ultimo to the United Stales' Secreturv o( State, iiitbrniing iiini ot the arrangen»cnts which have been made to insure, as tar as possible, that tire-artns shall not be carried by sealing-vcssels entenni,' Behring Sea during ihe present sea>un ; ihose urrungenients being set torth in the letter trom tliu Colonial Otlicc, of which a copy was inclosed in your Lordship's despatch. 1 have the honour to transmit herewith a copy of a note addressed to me by Mr. Olney in reply and of its inclosure, a letter trom the Assistant Secretary of the 'Ireasury, in which Mr. Hamlin suggsstH certain arrangements supplementary to those already made. 1 have communicated a copy of this note and ot its inclosure to the Governor- General of Canada, and in view ot Mr. Ulney's request that he may be mtormed as early as possible whether Her Majesty's Government wul agree to the turiher arrangements proposed, 1 venture to suggest that your Lordship should inlbrm me by telegrapli ot the reply which it is desired that 1 should return lo the United States' Government on the subject. I have, &c. (Signed) JULLA.N FAUNCEi'OTE. 4* ''4' ' .if ■^ *a Inclosure 1 in No. 66. Mr. Olney to Sir J. Pauncefote. Excellency, Department of State, Washington, July 2, 1896. KEFERKING to previous correspondence concerning the question of tire-arms on board Canadian sealing-vessels, and particularly with retereace to your notes of the 3rd and 19th ultimo respectively on the subject, 1 have the honour to inclose, tor your mtbrmation and consideration, a copy of a letter ol the 30th ultimo from the Acting Secretary of the Treasury, submitting certam moditications cl the Regulations proposed in your note of the lUth ultimo in regard tu the matter. You will observe that Air. Handin suggests that vessels proceeding uirect to Behring Sea from V ictoria should present the ceriibcaic.-> alluded to in your note to the Deputv Collector of Customs or to Captain C. L. Hooper, R.C.b., in charge of the United States' patrolling tleet at Unalasi. in the possession otor founJ by the hoarding officer. I would further suggest that a representa- tive of the United Stales' Government be allowed to inspect all seal-skins laken in Behring Sea and landed at British Columbian ports, to dix'over wlietlier or not the seals have been shot. It these two su:;gostions could bv adopted, ilie.- would certainly obviate much of the inevitable trouble ami delay caused by the searctiing of British vessels. I assunu! that as regards vessels now in or pii mute to Japanese waters, it would be im|i()ssible to carry into effect any sucii arrangement. I will, however, coiumunicate with Captain Hooper of the patrolling fleet, and state the eft'orta of the Collector at Victoria to bring about the transhipment ot fire-arms belonging to such vessels, or the leaving oi them at some rendezvous, and he will communicate these facts to the otiicers of the patrolling vessels. 1 would respectfully suggest that the British Government be requested to consider and advise us as speedily as possible whether or not it will aiiree to these suggestions, as I would greatly prefer to cover the various questions raised m Sir Julian's letter in one communication to the patrolling fleet, and as there is but little time in which to com- municate with said flaet before the commencement of the sealing operations in Behring Sea on the 1st August. Respectfully yours, (Signed) ' C. S. HAMLIN, Acting Secretary. •K. • M-'-l' r No. 67. Colonial Office to Foreign Office. — {Received July 31.) Sir, Downing Street, July 30, 189f». I AM directed by Mr. Secretary Chamberlain to acknowledge the receipt of your letter of the iNth instant, inclosing copy of a despatch from Her Majesty's Ambassador at Washington,* forwarding further proposals by the United States* Government for [688] • 8m No. 66. M 76 t 1 u •■ / ' securing the observance of the law prohibiting tiie killing of seals by means of fire-arms in Behrinf» Sen. The DominiiMi Government, to whom these proposals have been communicated by Sir J. Panncefote, will no doubt in due course furnish him with their observations on them ; but Mr. Chamberlain has but little doubt that their opinion will be adverse to the acceptance of these proposals, and he does not consider that they are of a nature to commend them to the favourable consideration of Her Majesty's Government. As Lord Salisbury is aware, Her Majesty's Government have not invited any proposals from the United States' Government in this matter. They have had to complain seriously of the vexatious and unwarrantable manner in which the United States' patrol officers last year exceeded the power conferred on them, of assisting the British officers in policing the fisheries so far as JJritish vessels are concerned. Vessels were searched time after time, at inconvenient moments ; the skins on boai d were all pulled out of the salt and left scattered over the hold, and then hat) to lie repacked by the crew, only to be |)ul!cd out asiain next time that a cruiser was met. Her Majesty's Government ])ointed out that the British law under which the United States, as well as British oflicers_. act gave no authority for searching a vessel unless there was reasonable cause for suspicion that an offence had been covnmilled, and^that some of the vessels which were most frequeiitly subjected to this haiassing search were actually furnished with certificates from the authorities of the port from which they had cleared that they had no arms on board, a document which furnished strong prima facie evidence that lliey had connuitted no off'eiiee, and rendere 1 the proceedings of the United States' ofiicers entirely unjustitiable. It is lawful to carry fire-arms on board of sealing-vcssels in Uehring Sea; it is only their eirective use that constitutes an offence. The United States' officers are not the'efore justiried in searching a British vessel simply to see whetiier siie does or does not carry fire-arms. But in order to protect British subjects from these unwarranted annoyances, arrangements have been made for the issue of certificates this year to all vessels clearing from Canadian ports direct for Behring Sea, and for the collection of the arms of all vessels proceeding to Behring Sea i'rom the Japan coast fishery, and Her Majesty's Government had hoped that these arrangements would have satisfied the United States' Government that there could be no justification for their officers to again exceed the powers in regard to British vessels conferred on them by " The Behring Sea Award Act." Mr. Chamberlain regrets that this expectation has not been fulfilled, and that proposals arc now put foiward which are based on the assumption that the presence of fire-arms in Britisli vessels is itself a breach of the Knglish Statute, and that not only are all British subjects engaged in tiic fishery determined to evade and contravene the law, but that the British otticers are ready and willing to aid and abet them in so doing and to issue false certificates for the purpose. Certificates issued by British otticers are only to be accepted after the vessel has been searched and the certificates indorsed by a United States' officer, even a British naval officer not being trusted to perform this duty. Further, even after tlie United Statch' officers luive satisfied theniaclves th;it the vessel carries no arms into Behring Sea, the catch is to be examined by a United States' officer after her return to port in order to make sure that no arms have escuped discovery, or presumably been procured in Behring Sea. Such a demand can only have been jjut forward under a complete Miisap|)reliciisioii of the position in which the question of the seal fishery was left by the Award of tlie Arbitiation Trihui;al. The decision of the Tribunal declared ti'at the United Stales had no special propertv, interest, or right in seals on the high seas, and while layii'g down certain regulations Cor the pursuit of senls al sea in the common interest of the fishery, left each nation to provide the legislative and executive measures necessary to give cfi'eet to tliese regulations so far as its own subje( ts are concerned. International comity undoubtedly demands in these circumstances that each nation shal. take adequate measures for preventing injury to the common interest by its subjects, but it also a«su!iies thai each nation will faithfully carry out its obligations, and it confers on the one no light to ilietate to the other what measures should bo taken, though it justifies remonstrance if the measures are found by experience to be inadequate. The United States' (joverninent has produced no evidence whatever that tlic legislative and other measures adopted by Her Majesty's Government have failed, but they assume that tliey are inadequate, and that Her Majesty's Government are not prepared to dischiirge their duty in regard to the protection of the common interest, and claim the e-aims in 77 right to exercise over British subjects and British vessels powers of search and sui)ervisin in excess of those j^iven by the British law. I am, &c. (Signed) JOHN BRAMSTON. No. 68. Sir J. Pauncefote to the Marquess of Salisliiiry, — {Received Auyiist 3.) My Lord, Washington, July 21, 189G. I HAVE the honour to inform your Lordship that, in compliance with the instructions contained in your Lordship's despatch of the 13th May last, I addressed a note in the sense of that despatch to the United States' Secretary of State on the question of the presence of United States' counsel at the trials of British vessels seized for violation of the Behring Sea Award Act. I have now the honour to transmit to your Lordship a copy of a note addressed to me by Mr. Olney in reply, in which he informs me, as your Lordship will observe, that the United States' Government will give their careful consideration to the alternative propositions made by Her Majesty's Govern- ment. [ spo!;'^ to Mr. Olney of the question, referred to in the last paragraph of your Lord- ship's despatch, of the establishment of an International Court, wliicli shall deal with future claims arising out of the action of the officers intrusted with the enforcement of the Laws enacted by tiie Legislatures of the two countries for giving effect to the Paris Award. He was not disposed to entertain the proposal at present, but he thought its consideration might be resumed at a later date, and after some experience had been gained of the working of the Behring Sea Claims Commission. I have, &c. (Signed) JULIAN PAUNCEFOTE. •V**! y% Inclosure in No. 58. Mr, Bockhill to Sir J. Pauncefote. Excellency, Department of State, Washington, July 22, 1*^96. REFERRING to previous correspondence concerning the question as to the piosence of counsel on behalf of the United States' Government at the trials of British vessels ueized for violations of the Behring Sea Award Act, I have the honour to acknowledge, with satisfaction, the receipt of your note of the 25th ultimo, in which you state that Her Majesty's Government sees no objection to the cases being watched, as proposed, by counsel for the United States, and that the counsel so employed should be permitted to examine the pleadings and to make suggestions to the British counsel ; sueli suggestions, however, to be confined to the object of protecting United States' interests, and not to be admitted as regards the enforcement of the Behring Sea Award Act, the enforcement of that Act being the duty of Her Majesty's Government. The Department has, moreover, noted the further statement in your note to the etleot that in existing circumstances Her Majesty's Government is unable to consent to the United States' Government being recognized in the trials in question as a party to the litigation with a locus standi before the Court, but that the situation would be altered if the United States were to enter into an agreement to satisfy the Judgment of the Court if the seizure should be held to be wrongful, but that if the United States' Government should be unwilling to assent to such an agreement for the payment of damages, merely upon terms of being permitted to watch the cases, an arrangement might be made by which the American Government should employ solicitors and counsel, and conduct the prosecution of the suits in the name of the Crown. In reply, 1 beg to say that your alternate propositions will receive from this Govern- ment the consideration which their importance demands. I have, &c. . (Signed) hjm iJ- M. W. ROCKHILL, ^. , Acting Secretary. 78 No. 69. The Marguest of Salisbury to Vigeount Gough, « (Telefifrapliic.) Foreign Office, August 3, 1896. SIR J. PAUXCEFOTE'S despatch of the 6th July. A detailed reply will be sent to United States' proposals. Her Majesty's Govern- ment regret tiiat they are unable to enter into the su;j;}^esteil supplementary arrange- ments ; the precautions already adopted will, they trust, suthce to insure tliat the scalers entering Behring Sea will use no fire-arms. No. 60. Viscount Ooiigh to the Marquess of Salisbury. — {Received August 8.) (Telegraphic.) Newport, Rhode Island, Auaust 7, 1896. I HAVE communicated to the United States' Government the substance ot your Lordship's telegram of the 3rd instant relative to the tire-arms of sealing-vessels entering Behring Sea during the present season. On the 4tb instant Lord Aberdeen telepraplied the desire of the Canadian Govern- ment that any final decision in the direction indicated by the United States' Secretary of State sliould be postponed until their views have been taken into consideration. [m ''SBBfBf 1 ■^V§RV'* 1 ■mt 1 '■m I r.lii, tii I ) 1: ■.O " -.^'-v- *! No. 61. Colonial Office to Foreign Office. — {Received August 18.) Sir, Downiny Street, Augti-it 18, 1S96. I AM directed by the Secretary of State for the Colonies to transmit to you, for the information of the Marquess of Salisbury, the accompanymg copy of a telegram from the Governor-General of Canada, expressing the views of his Government as to the supplementary arrangements suggested by tlie United States' Government as regards the sealing-up of fire-arms on sealing-vessels. [ um. &u. (Signed) R. H. MEAUE. Inolosure in No. 61. The Earl of Aberdeen to Mr. Chamberlain. (Telegraphic.) {Received August 14, 1896.) CANADIAN Government concur in proposal to disagree with supplementary arrangements suggested by United States, America, l)ut would be inclined to agree as to that part of suggestion authorizing search by patrolling officers, provided the words '• shall be accepted " are substituted for " may be accepted," leaving clause in other respects unaltered. No. 62. The Marquess of Salisbury to f^iscount Oough. My Lord, Foreign Office, September 1, 1896. I INCLOSE an extract from a despatch from the Commander-in-chief od the Pacific Station regarding the arrangements made for the removal of arms from sealing- vessels, and I should wish your Lordship to communicate it to the United States' Government. - ' ' • , : I am, &c. (Signed) SALISBURY. 79 Inoloture in No. 62. 3, 1896. fa Govern- ry arrange* the Bcalcre Rear- Admiral Palliner to Admiralty. (Extract.) " liiipe'rieuni'," ni hsijiiimdll, July 24, l!i5)6. THI'. sealers tliat liavc cleared tor tlie Hi'liriiiiir ^^cii diroet i^thirty-three in all) have taken no arniH with tlu-m. Thosi- that liave cleared lor tlie .iapan anJ .Asiatic coast (Iwtnly-eifilit in all) nave arraniiod !o return their arms before entering the Hfhring 8ea ; those vessels leaviii<; Japan on trei^ht. and tliuse leaving the neigiihuuiliond of the Cummander Islands in one oi tiie sealers not entering tlie Uebring Sea. This should remove uue source of ditiiculty. t 7, 1896. ince ot your icls entering ian Govern- Secretary of ion. No. 63. Viscount Gough to the Marquens of Salusbury — {Received September 7.) My Lord, Newport, Rhode Island, August 26, 1896. AS reported in my telegram ut tiie 7lli nistanl, I connnunicated to the United States' Government the substarct of your Lordship's telegram ot the 4th relative to the supplementary arrangements proposed by the Secretary of the Treasury in regard to the tire-arms of vessels entering Bein-ing Sea. I have not/ the honour to transmit copy of my note and copy of the reply of the Secretary of State. 1 have also forwarded a copy of the latter to the Earl of Aberdeen. I have, &c. (Signed) UOUGH. 18, 1896. t to you, for :' a telegram nment as to crnment as MEADE. 14, 1896.) ipplementary to agree as i the words use in other Inclosure 1 in No. 63. I'iscount Gough to Mr. Rockhill. Sir, Newport, Rhode Island, August 7, 1896. I !1A\ E the honour to in'oini yon that Sir .J. P.iuncelote torwarded tu Her Majesty's Secretary of Stiitc for Foreign Atl'aiis a copy I'f .Mr. Oliiey's note ot the '2iu\ ultimo, as well as a co|)v ol its inclosure dated the 3Uth June, in winch certain arrangements were suggested by the .Actiny; Secretary of the IVeasury supplementary to those already adopted in regard to the tire-arms of vessels entering Behriug Sea during the present season. A detailed reply will he seat in due course to Mr. Hamlin's above-mentioned proposals ; but, meanwhile, in accordance with tlie request ot the United States' Secretary of State that he should he inlormeil as speedily as possible of the views of Her Majesty's Government upon tliis subject, i have been instructed to inform you that Her Majesty's Government regret that they camiot enter into the supplementary arrangements m regard to sealers entering liehiing Sea, suggested by -Mr. Hamlin. Her Majesty's (iovcrnnienl tiust that the precautions already adopted, and which e described in the note ol Her Majesty's Anibassarior dated the 19th June,* will be sutiicient to insure that no lire-arms will be used by the sealers in question. I have, &c. (Signed) GOUGH. I 1 tr 1, 1896. chief on the "rom sealing- nited States' ISBURY. Inclosure 2 in No. 63. Mr. Rockhill to Viscount Gough. My Lord, Washington, August 25, 1896. REFERRING to your note of the 7th instant, the receipt of which was acknow- ledged on the 12th, I have the honour to inform you that I am now advised of the views of the Secretary of the Treasury concerning the precautions which the Collector of Customs * See No 66. r H. 80 at Victoiia wan adoptini; and cndekno\vn difflnilty ol lurivini; at any condliiwive resnits. You will tl>f icfore explain to Mr. Oiney tluit Her Mujisty's Oovernmont dn not, in present circumstances, feel ahloto adopt the latter part ot Mr. Ilandin's Rni;a;estinn-, an('. you will represent to liini that the additional precautions to which they arc now prtpared to give their ass \t will be found fully sufficient to meet the requirements which both Governments have in view. I iiin, &v.. (Signed) SALISMUllY. No. 66.' I'incouiit Uoufjh to the Marquesn of Sdlinhurii. — {liecrlced October 12.) My Lord, Newport, Rhode hlantl, September '1\, IMOd. I H.WK the honour to ncknowlcd^e receipt of your Lordship's despatcli of the 9th instant, on the subject of the precautions for preventing the use of fire-arms in Behring Sea, and to report that 1 have this day addressed a note to tlic L'tiited States' Government in obedience to your Lordship's instructions. T have, &c. (Signed) (JOUGIL No. 06. Viscount Gough to the Marquesn of Salisbury. — {Received October '2G.) My Lord, Wiishington, October 1 1 , 1 890. WITH reference to your Lordship's despatch of the !)th ultimo respecting the precautions for preventing the use of fire-arms in Hehrin^ Sen, 1 h;ive the liotiour to transmit herewith a copy of the note I addressed to the Actini:; Sccietaiy of State on the 21st ultimo in compliance with the instructions euntained in your Lordsiii|i's nl)ove- inentioned despatch. 1 have now the honour to transmit a copy of the re])ly I have received from the Department of State, suggesting the postponement of the whole cjuestion, pc luling the receipt of the Report from Professor .Jordan and the other naturalists s( iit 'o tiie seal islands this summer, in order that Her Majesty's Govcnmient and the Government of the United States mav he able later to agree upon the Hegulutions for the -cason of 1897. I have, iti'. (Signed) (iOVGlL Inelosure 1 in No. 06. Viscount Gouijh to Mr. Rockhill, Sir, Newport, Rhode Island, September 21. 1S90. IN my note of the 7th ultimo, I had the honour to inform you that a detailed reply would be sent in due course to the suggestions made in Mr. Oiney's note of the 2nd .July on the subject of arranj^ements supplementary to those already adopted in regard to the fire-arms of vessels entering 15chring Sea during the present season. The measures described in Sir J. Pauncefotc's note ot ilie lOtn June were adopted to insure that fire-arms should not be carried by 'hose vessels, and were also designed to ])roteet the sealiug-vessels from interference in the course of their voyages and sealin" operations. Arrangements were made for the issue i ' certiHcatcs to all vessels clearing from Canadian ports direct for Behring Sea, and fo tl c collection of the fire-arms from vessels which had previously been engaged ir the fishery off the coasts of Japan; and it was hoped that these arrangements would satisfy the United States' Government L638] M it 4. ; 82 'ml ■ i { 'ir ^>>' ?/ i tlint 111) lirc-aiins could be usoii, especially in the ciise of tlie vessels \vl;icli wore provided with oorlilicutcs, I:i Mr. t)lncy's note to Sir J. Piumccfoti' ol' tiie 'iiid July, suppleiiieiilary arnuiijoim'nts were suggested hy the United Stiitcj.' (ioverunieut to (lie eirect thiit '.easels proeecdiuu; direct to nehiiiii; Sea should pre.s'.'iil their certificates to some I'ni'.i'd States' autiioiity at Unalaska ; tlmt the vessels sliould he searched, and that the eertitieatcs, after l:eiiii;' indor;;ed, luinht he ueceptcdhy llie ollieers of the patrolliii;^ llect as evidence llial no fu'c-arnis were concealed on hoard ; and, I'uillier, that a lleprcsentative of tiic United States' (Government should he allowed to inspect all seal-skins taken in I'ehiing Sea and landed at IJntish C'olnmhiaii ports in order to diseovt-r whether or not the s;als had been shot. As 1 had the honour to inlorui you in my note el the 7ll> idlinio, Her Majesty's (lovernment regret that they cannot enter ii\to ihe suppieiuc-ntarv arran^ucuienls su;;f*X'sied hy Mr. liai liii (lontained in Mr. ()hu\v"s ahove-nuiitioned note). I)( sides tiie olijeetions wliieh nii:;hthe raised to liu' nature of the pro|):>s.i!s, ili'r .Majesty's (lovernnieiit have had some mis^ivin^; whelhi r the scalin^-vessels would he i;uaranleeil from intcrd-renee afterthe olis'.Tvante ot'the piJiminary t'ormalides; and |)revious eNiu'rieuce, notahiy in tli:- eisc of I he ai;recnit'nt for sealini;' up aims in 18!l-l, has shown tiuU sueh ixpedients have not had the de^iiid elicct. Her Majcslv's (Joveriimcnt would, however, he disposi-d loa^ree to the jjrovisions for a search hy duly aulhori/.ed palrellinjj; otlii'crs at Unalaska, and for the indorsement of the eevtilicales, it' 't were understood ihatthe imiorseii cerlilicatt's sh.ouid hi' regarded as an a!)solute prool" that no tire-aim were carried. Acting under instrm lions from the Maniiie^s of Saii^huiy, I have the honour to projHise to the Unitei! States' (lovermnent, with relerenee to tlir eerlilicales, tliat the words '•shall he accepted'' shonhl he >nhstituled lor the words •' iuay he jiciepicd," and to slate that, with tliis alternlion. Her Majesty's ( lovermnent wcuild he prei»areii lo accept the first jiortion ofliie supplemenlaiy airani^cmcnts siijtcesled liy .\lr. ll:i!iilin. Tiie exaniinatioii of the seal-skir.s hy Uniteil Sl^.tes' otlieets In Hriii>h ports would involve a fresh departure from ordinary international usaiie.*, and, as such, would reipiire very serious consideratiiii. 'riiiie are, moreover, reasons I'or douhtinu; ilu' evpedijncy of relyinu: on this investiitation lor the purpose of asetitaiiiinn- whether fire-arms have heeii used, owint;- to the well-know u dillicully of aniviiiif at any conclusive results. I am theivloic instructed to st.ite that Her Majesty's (■overnmcnt do not, in tlu; present eireiimstancc-. feel ,ihle to adopt tiu; latter part ol'.Mr ilamliirs suu;.;est ions, hut i am eonrident that the iidditioi;;d precautions to wliieh Her .Majesty's (Government aie now prepared to ;.>ive tluir assent, and which I have deserihed ahove, will he loiiiid fully sutiieient to miet the lequirements wideh hutli (jovcini.ients have in view, and I ve!:tuie to cvpress the ho|)e that the L'nited Siate.s' Scentary of the 'IVcasury iuay, nmier tlie altered eircmnsiances, sec tit to instruct Ciptaiii ('. L. Hooper, R.C.S., accurdiui^'ly. I have, &c. (Sii,'ned) GOUGll. Iiiclosure 2 in No «"(>. Mr. 0!nei/ to I'ixcouiit Gouijh. My jjovd, Di'paitiiirril of :>liilf, Wnxhintjloii, Ocfohrr 1.'!, ISDG, WITH rcfireiue to your ni;tu of the •.'1st ultimo, in uhieh a detailed reply is made to the Deparlmcnl's note of the Cnd .July last, on tin- suhj^ei of the u:.e of liiv-arms in Hehrini; Sea hy pelaijie sealers, I have the honour to inform yoa tiiat 1 iiave received a letter of tlie 3rd instant from the .Acting Secivtaiy ol' the 'rreasuiy, reviewiiii,' the corrc- ^poiiiienee on that suhject. NVitiiout ^oin^' into unnecessary details, I beg to say that .Mr. Hamlin, in th.- course of his remarks, calls attention to the " somewhat surprising statement " in your note of tl: • •Jist ultimo, to the etlect tliat Her riritannie ^Majesty's (Guvcrnmcnt has nii.-givings as to wlietlier sealiiii;-vessels would he guaranteed Irom interl'ere.iee even it the propo-itions o! Uiis (rovernmtiit wcii' accepted. In view of the fact that the sealing season is now tini.-NKY. No. (i7. Tlic M(ir(jn('ss af Salisimnj to Sir ./. PniiitrcfdU: Sir, lunriiin ()^/lcr, Norrmhrr 1 I, ISi)(i, WITH rclerenee lo Viseonnl (joiij^ITs dcspaleii of tlio I'Ui Oetohev, you arc autliorizcd to inform the United Slates' (Jovornn.iin il -t Her Majesly's Govern- ment, agree to jiostpone I'urllier rliseiissicMi in regard to tiie ariangemcnts for ))revenling the nse of lire-arms in Hel'.ring Sea, hut in view of the ohservations contained in the concluding p'.»ragra])li of Mr. Olney'n nole of tlie 13tli ultimo, your l''.xcelleney Hlir)nld be careful to avoid any expression which might he construed into an admission that Her Majesty's (Jovornment eonlcnij)late a revision of the Ifcgulat.iona hefore the period named hy tlie i\rhilration 'i'rihunal lias (expired. I am, Scr. (Signed) SAMSIMIHT. i\o. ()S. ntnt do not, in the Sir ..'. Pdiinrc/oir tn tlir Miir, l "^(K?. WITIl relereiice to the n.'parlmcnt's note of the l:!t!i Octoher last, ])roposing the temporary iiostponement of tlie corrospoinlenee enncerning the ri'gidation of jielagic sealing in Behring Sea and the North l*acilic Ocean, I have now I he honour to ohscrve that tlic suspension of the discussion left two unsettled qucsiions pendini;-: ftrst, as to permitting seal-skins lindcd at Ikitish ports to he examined hy American inspectors for the purj)ose of delerniining their sex, and whether or not said skins liad heen shot in violation of the Paris Award and the ISritish law ; and, second, the proposal for amending the Regulations on the subject of the use of fire-arms by pelagic sealers. in reopening the Hubjeet, I wish to say that tlie Department assimuv. that Her Urifaniiic Majesty's Government, in suggesting that the certificates of search and the [(•,381' , " " M 2 SI. t,< W' ":*-;i ;i scaliii^i-uporaniis (see lioril (Jonah's note ol' tiic 21-t SoplemlKT, lS'.tijy*hliiilI be acceptod by paliolliiiij;' ollicois as eonchisivc ovideiu^e tlial no liie-aiiiH aie coiKicaloil on board, in effect proposes tliat under siicli eiieumstancos there ^liall be no seareli wliatever of such vessels. The Government ot" tlie United States dues not tliink tliat the arrangement oujjlit to be made on that line. It considers a search uselnl for two purposes : first, it discloses whether lire-arms or oilier imjdenients ;ire on tlie vessel ihirinjj any jirohibited time in violation of law ; and, second, whether there are on boanl any seal->kins, if in a close season, and whelher there are any skins which have l)een shot, if the vessel has been enyfaf^ed in sealiiiij in Tiehrin;'' Sea where the use of firearms is proliil)ited. \\ bile the sni>j'-estion of Her Majesty's Government, if adopted, nii,a;ht properly bo accepted as satisfactory evidence tliat there were no lire-arms or inipiemenls. forbidden to be used, concealed on board the vessel, there would .still remain the second question as to whether or not in tlie close season there were on said ve-sel skins freshly killed, or, if in Belirin;;' Sea, shot. As rej^ards American vessels, this iatter ([iiestion is settled by ;i careful inspection of each skin landed by an expert inspector. Tliis precaution, however, althoui>h adopted by the Inited States upon the broad <^rounil tliat it is aba(dutely cssentiiil for preventiuix the unlaw I'lil destruction of fnr-seals. |[er .M:ijesty's (Jovcrnment refuses to adopt and declines to allord the United Stales an opportunity to make this inspection for itself by its duly-appointed inspectors. Under the circunislances, it will readily apjiear tiiat if the United States were to nccciit the sni;'^estion of Her AFajesty's Government above referred to, it would result in discrimination ai;ainst American vcssi'ls in favour of those of (ireat ihitain. At this time the mere fact of the sealin^-up of arms does not protect American vessels from bciuf^ searched ; on the contrary, the}' have been searcheil .as lhoro;i:rlily and as rigidly as have the British vessels. The sealini',-up of arms is merely a part of the evidence from which the boardinji' officer knows that said arn.s could not have been used in killing; seals. To accep! the sim'gestion o!' Her Majesty's Government and cease to searcii British vessels, especially in consiiieration of the fact aliove sl.ited,that United States' vessels are rigitlly searched, and that no I'xaniinations of skins are made at Brilidi ports, would be to discriminate douidy a_i.'ainst American ve.-.sels. It is believed by this Government to lie praclicablc to disover by an examination of skins landed whelher the seals have l;een siiot or .-peared ; also as to their sex, except in the case of pups. This metlioti, I may observe, has been in practice for the jjast two years by the Government of the United States with nio>t satisfactory results, and l take pleasure in tranMnitlinn' herewilii, for the information of Her .Majesty's (Jovernnicnt, copies of a Treasury Circular, dated the IJth .\pril. 18!>.">, jziving full instructions respecting the pelagic catch of fur-seals. The sole object of the jiroposals made by this Government ec:icernin;j; these subjects was to prevent the unlawful destruction of the fur-seals, an object clearly within the purview of the I'aris Award, and which sei-ms plainly indispensable, ii iler existing circunh'uices, to tlie proper execution oi the re.spettive laws enacted ly the United Stales and (heal Britain to carry that Awanl into effect. Nor am I able to perceive that the proposed Keguiations would inter'ere with any lawful businos carried on by Her Majesty's subjects. In view of the laet that the tiine is nearly at han:i when the Regulations for the season of 1S97 should be agreed upon, it is hope.l that iler Majesty's Government will find it convenieMt to give llie subject early attention, and to aflbrd this Department the benelit of any suggestions it may have to present. 1 have. Sic. (Signed) RICHARD OLNEY. Inclosure 2 in No. 6S. Informatiou respecting the Pelngir Catch of Fur-seals Trensuri/ Department, OJfirr nf the Serrrtari/, IVai^hington, D.C., April 12, 1K95, To Collectors of Customs and others : FOR the purpose of complyiii!: with the Act of Congress 'approved the (5lh April, 1894, "To give cH'ect to the .Award rendered by the Tribunal of .Vrbitration, at Paris, under the Treaty between the United States and Great Britain conehided at Wa^hiii"ton, Incliisiirp I ill No. 66. 85 I boiirtl, in er of such langcmcnt !s : first, it proliibitcd ins, if in .a vessel lias 'il. iroiicrly Iio . forliiucK'u iiuestioii as illed, or, if L'ttlcd bv il II, however. iil)solutoly lovcrninont make this tcs wore to Id result in 1. At this from being (lly as have from wliicli seals, 'i'o :isli vessels, are rigidly •ould be to ;xaniinatiou sex, except he past two and [ take overnmcnt, nstructions niii;^ these arly within r existing the United to perceive on by Uer )ns for the lunent will irtinent tlie JLNliY. the 20lii Fibrunry, 1892, lor tiie purpose of submitting to arbitration certain questions coiiceiiiiiig tbc preservation of the fur-seals," Collectors of Customs and tlieir deputies are iiifoniud tliat the masters of all vessels engaged in fur-soal lisheries, whether licensed or unlieensid, must make entry of tlicir ciiteh at the Custom-iiouse, and at the time of entry iiuisl tile with the Collector, duly veritied by oath, the oHicial log-book, or a copy Tleieoi, recpiircd to be kept by Section 4, Act, the (ith Ajjril, 1894, and in addition thereto must furnish under oatli the information refpured by tlie inclosed form ((Catalogue No. 204), which form must le duly (illed out iind filed on entry. Furthermore, cuch skin in the said catch shall be inspected at tlie time of entry t)y inspectors duly appointed for said purpose, as to number, sex, and mode of killing, and the result duly certitied to the Collector. When said form has been filed on eulry, two 7. • Not roproduced. 86 exaniination of sluns by cvpertj wbci. landed at Canadian ports, and tliat until tlit' receipt of the Canadian Government's views ITor Majesty's Government cannot i^o licvond tlic offer which Lord Goiigh w;is instructed to make in mv dt'spatch of the 9th September last. No. 70. ^'I'c J. Pauncpfotr to thr Marqupxs of Salisburij. — {Receivrd Fphruari/ -'.) My Lord, JVnshington, Jnnnnrii 2(!, 1807. WITH reference to my drspatcli of the 17th ultimo, I have tiie honour to forward herewith to your Lordship copy of a note wliich 1 have received from the Sccretai'v of State, asking to i)e informed as to when tin- Canadian Government will probably bt- prc- ]iarcd to take artion in re;rai(i to the i]uestion of tiie inspection of seal-«kiiis. I ha\-j forwarded a copy oi tbi-^ note to his Excellency tlie Governor-General of ( "anada. 1 have, &c. ^Siijnoin .TULLW rATTNTEIVTi:. 41^ rn i I Inclosun^ in So. 70. Mr. Olncj! to Sir .J. I'auncefote. Deparlment of Slate. Washington, lixcelleiicy. .fantiir.-i/ '2'>\, 1S!)7. REi'"KKRI.\'G to the nepartmcnt's note of the loth uiti.uo coneerniii;:; the Resruiatioas of jiclaui;' sealitn; in Belirin;? Sea and the North Pacific Ocean, and particu- larly as to the unsettled p|)roach of the scaling season, to be informed as to when tiie ("auadian Govern- ment will probably be javpaied to take action ia regard to the (juestion of the inspection ot' seal-skins. I have, &c. I'Sijjned) U IC I LVll 1) ( )LX I:Y. , as,. ' f No. 71. The Mfirqttess of Salisbury to Sir J. Pauncefote. Sir. Foreign Office, March (5, 1807. I HAVE received your Excollency's despatch, forwarding a copy of Dr. .lordaii's preliminary Report on his Eur-seal Investigation in 180(5, wliich was eoinmunieated to you by Mr. Oliiey, and which was r.fterwards presented to Congress. With reference to Mr. Olney's request for the communication of a preliminary Rep.irt I'rom the Britisb. Agent who visited the PribyloIV Islands, 1 have to request you to inform the United States' Goverjunent that no formal record of proceedings has yet been received fnnii Professor Thompson, but that Her ^lajesty's (lOverniiitMit will be happy to furnish them witb, a copy at itcriml >'X|»iirs at llio close of the season «t" 1H!)S, and it would l;o dcsirabh; that tho discussion of the nioditicutions, which may be found noccssary, sliouhl take i)l;u:t' in the couvso of that year, in order that the revised Kei,'ulati()ns tuay be ready for adoption before the sealinij se ison of 1809 ; and with this oliject in vi(!\v, Her .Majesly's Governnieiit are very rvations in the I'ribylotV Islands. Professor Tlu)n>j)son has expressed his \ie,\s as to (he various points in re^nrd to seal life which require further investigation, to ena!)le Fler Majesty's CSovernnient to ■consider the question of revising' the r{ei;idations. The statistics ol' former observers Mere found to atford no eviilenei- on wnich an accurate estiaiafe of the tliniinutiou in the nunil)er of seals could be i);ised, Init the careful count of the seals which was made last summer forms a valuable standard for comparison. It is very essential to ascv^rtain. as far iis iiossible, what has been the result of last season's (qierations ou land and at sea, and also to obtain tho latest information as to (he number of seals fn'quentiiui' the islands. Tho result of th(> joint in vestii^atii ins showed that no ijrcat diiliculty was found in taking ."O.OOO seals on land iu l^Oti ; and, whatever number it may l)e (h'cided to kill tills year, it is important to observe with what deiji'e(> of facility the total is reached. Tor these reasons, Professor 'Hiompson i> anxious that British Agents slioidd again be a])i)ointeil, with the same powers and the same freedom of action as they enjoyed last year. T should wish your Excellency to eommimieate the substance of tliis despatch to the I'nited Slai(>s' (Joverninent, and to requ<'st them to he good enough to arrange that facilities and aceimmiodation may, as l)cfore, bo provided for the Jb'itisli Agents. Vou should also state that Agents w ill be sent to the Commander and Hol)l)en Tslan(l>, and that .an application has iieen made to (he Russian Government on this Subject. r am, &c. (Signed) SALTS iWHV. h No. 72. Til'- Murqun^s of Salisliuri/ to Sir J. Pauncrfofe. Sir, Forviijii Office, March !), 1S97. IN' your Exeellcncy's despatch of t!io L'4tli July, IS'Jii, forwarding a copy of a note lioni ]\Ir. Kockhill, Acting Secretary of State, it was stated that the United States' 'ovennnent would give their careful consideration to the alternative proposals of Ifcr jMajesty's (Jovernment with regard to the representation of the United States by counsel at tiie trials of British sealing-vessels seized by American revenue raisers in Behring Sea. 1 should wish your Excellency to endeavour to obtain an answer from the United States' Government to the suggestion that they should enter intaan agreement to satisfy the Jadgment of tiie Court if the seizure s'r.ould be held to he wrongful, an anangenient being at the same time nuule by which they should employ solicitors and counsel, and eoniluct the prosecution of the suits in tiie name of the Crown. 'n the opinion of Llcr .Majesty's Government, it would lie more satisfactory tliat each country should become responsible for the prosecution of vessels seized l)y its olHeers. and in support of this view you should refer to tiie seizure of the " Beatrice " in 18l(."). ill consei|uence of which Her Majesty's (Jovernaient have had to pay costs and damages amounting to I'dAl. I authorized you in my despatch of tiie 2i'nd Miiy, 189(1, to state that Her Majesty's Government would not feel justilied in procee(!!ng with an appeal in this case, as requested by Mr. OIney, unless the United States' Governinent were prepared to bear tiie cost and to s:itisfy any damages which the Court might award. It would no doubt have been better in tiiis instiineo tli.U the prosecution should liave been conducted from the outset by the United States' (Govern- ment, who woukl ihen liavu tlieiv.selves been at lii)eily to decide on the (luestiim of appeal. Vou should take this opportunity of stating, witli reference to .Mr. Ohny's r.ote of the l''th Pei'omber, 18!}0, a copy of which wis inclosed in your despatch of tii; ITtli :;, w w ' S8 December last, that Her Majesty's Government arc still in correspondence with tlu- Canadian Ciovernmcnt respecting the Supplementary Regulations desired by the United States' Government, providing for the examination' of seal-skins at Canadian por.s, and for the acaling-iip of fire-arms on board British vessels, and that a furtlier communi- cation will be made on these subjects as soon as possible. I am, &c. (Signed) SALISBURY. No. 73. Sir J. Pauncefote to the Marquess of Salisbury. — (Received March 29.) My Lord. Washington, March 19, 1S97. WITH retbrence to my despatch of the *Joth January last concerning the inspection of seal-skins ami tlic use of tire-arms in Bchring Sea, I have the honour to transmit hcrewitli copy of a further note which I liave received from the Secretary of State, requestitig that a reply to "Sir. Olney's note (copy of which accompanied my above- mentioned dcspatcli to your J^oiilship) may be expe lited. I liavo forwarded a coj)y of the note, iierein inclosed, to the Governor-General of Canada. T have, &c. (Signed) JULIAN TAUNCEFOTE. ■"ill" ; V-'.*' ^ Inclosurc in No. 73. Mr. Sliermnn to Sir J. Pauncefote. Excellency, Department of State, Washington, March 12, 1897. ADVERTING to the D-partment's note of the l.'ith December, 1890, in regard to the proposed adoption of amended regulations for pelagic sealing in Behring Sea and the North Pacitic Ocean, particularly as to those concerning the inspection of skins and the use of fire-arms, and to your note of the I6tli January last, stating that the |)roposed regulations, in so far as the same relate to the inspection of skins, cannot be made compulsory without legislation by ^he Canadian Parliament, I have the honour, in view of the near aj)proacli of the opening of the sealing season, to I'^call your attention to Mr. Olney's note of the 'JMni .January last, asking to be informed of the date when the Canadian Government would take action in regard lo the inspection of seal- skins. The urgency of this matter must be apparent to Iler Majesty's Government, fov which reason I trust that you will do all that in your power lies to expedite a reply upon this subject. I have, &c. (Signed) JOHN SHERMAN. No. 71. Sir J. Pauncefote to the Marquess of Salisbury — {Received April 1.) My Lord, Washington, March 23, 1897. I HAVE the honour to inclose herewith copy of a note which I have this day addressed to the United States' Secretary of State, in compliance with the instructions : invcyed in your Lordship's despatch of the 6th instant, with regard to the revision I ■' the Sealing Regulations and the reappointment of British Agents to visit the islands. I have, &c. (Signed) JULIAN PAUNCEFOTfc]. oiulenoe with tlio red 1))' the United madian por ..^, and further conununi- SALISBIIIIY. arch 29.) March 19, 1897. it concerning the ive the honour to Secretary of State, panied my above- ovenior-Gcneral ot 'AUNCEFOTE. March 12, 1897. ceinher, 189G, in seaUnj? in Jkhring the inspection of last, stating that on of skins, cannot have tlie honour, , to i-^call your informed of the inspection of seal- vernment, fov which a reply upon this N SUi:iUIAN. ipril 1.) March 23, 1897. h I have this day ih the instructions ird to the revision nsit the islands. 'AUNCEFOTE. 89 Inclosure in No. ^^^. Sir J, Pauncefote to Mr. Sherman. Sir, Washington. March 23, 1897. WITH reference to an inquiry made by your predecessor on the 4th .January last respectini: the Report of Professor D'Arcy Thompson, r«ritisli Commissioner in charge of the fur-seal invcstination for 1896, I have the honour to inform you, by direction of the Marquess of Salisbury, tiiat no formal record of jiroccedings lias yot been received from Professor Thompson, but tiiat Mer Majesty's Government will be happy to furnish the United States' Government with a copy of his definitive Report, wiiicli is in a forward state of preparation, as soon as it has been printed. From such information as has hitherto lieen furnished by Proltssor Thompson, and the facts as to the present condition of the seal herd set fortii in Dr. .Jordan's Ueport, there is apparently no retison to fear that tiie seal lierd is tlireatencd with early extermination. Her Majesty's Government, however, believe that some modification of the Sealini; Regulations will i)e recjuired at the expiration of the five years' term wiiich was named by the Arbitration Tribunal of 1893. Tiiat period expires at the close of tiie season of 189S, and it would be desirable that the discussion of the moditieations wiiieh may be found necessary should take place in the course of thai year, in order that tlie revised Regula- tions may be readv '^')r adoption before the sealing season of 1899 ; and witli this object in view Her A' ,,^'Sty's Government are very desirous of sending out special Agents again in .June next to carry on further inquiries and ol)servations in the IVibylott' Islands. I'rotessnr 'i'liompson has stated to Her Majesty's Government his views as to tiie various points in regard to seal life, which retpiire further investigation, to enable Her Majesty's Government to consider the question of revising the llegnliitions. The statistics of former observers were found to afford no evidence on which an accurate estimate of the diminution in the number of seals could be based, but the careful count of the seals that was made last summer forms a valuable standard for eomp;n'ison. It is very essential to ascertain as far as possible what has been the result of last season's operations on land and at sea, and also to obtain the latest information as to the number of seals frequenting the islands. The result of the joint investigations showed tiiat no great ditlieulty was found in taking .'30,(100 seals on land in 189(5; and, whatever number it may lie decided to kill this year, it is important to observe with what degree of liicility the total is reached. For these reasons Professor Thompson is anxious that British Agents should again be appointed, with the same powers and the same freedom of action as they enjoyed last year. In communicating tlie above I am directed by my Governineiit to e.\|)ress the hope that the facilities and accommodation which were last year provided for the British Agents may be likewise afforded on this occasion. I may add that Agents will be sent to the Commau'ier ami Robben Islands, and that an application has been made to the Russian Government on tiiis sul)ject. I am informed by telegraph by the Marquess of Salisbury tiiat Professor Thompson is desirous of starting on tlie 8th April via Japan, au.l to visit the Russian islands in the first instiince. In view of the very short time which remains, I venture to ask you to be good enough to favour me with a reply to this note at your earliest convenience, in order tiiat 1 may bo able to report by telegraph to Lord Salisbury wli-'ther the United States* Government are willing to atlord the facilities, to which I have above alluded, to the British Agents. I have, &c. (Signed) JULIAN PAUNCEFOTE. No. 75. Mr. IVhite to the Marquess of Salisbury, — {Received April 10.) The Embasst/ of the United States, London, My Lord, April 10, 1897. 1 HAVE the honour to inform your Lordship that, as a result of the iuvostiga- tioQ made last year in Alaskan Maters by Dr. Jordan, with whoso views Professor Mil I '{I 16381 N ii 90 Thompson, who was sent by Her Majesty's Government to make similar investis^ations, is bolioved to concui', the present state of the Alaskan seals has forced its(>lt' in the midst of the many cares attendiuf; the organization of tlio Administration n])nn tlio attention of the President of the United States, to whom the depicted condition and prospective early extinction of tlie herd arc a matter of s:crave com orn. I have received urgent telegraphic instructions, therefore, to bring the subject to the immediate attention of lEer ^Eajesty's Government, and to l- mmunicate the President's earnest hope and ex])eetation that effective measures may at once be adopted by tlio respective Governments with a view to putting a stop to the indis- criminate slaughter of the seals through ])elagic sealing. I am instructed to suggest to Her Majesty's Government that, in the opinion of the President, a modus vivendi based upon that of 1801, with equitable provision for the various interests involved, suspending all killing of all seals during the season of 18!)7 in IJehriiig Sea, should be agreed upon without delay, and that this should be accompanied by an arrangement for a joint Conference at an early day of the Powers coneeviied for tlie purpose of agreeing ujion tlie measures necessary for the preserva- tion of tlie seals in the Xorth Paeitic from extermination, and of restoring tlicm to their normal condition with a view to their continued existence. To defer taking up the subject until after the termination of the season 1898, as contemi>lated by the Award of the Tribunal of Arbitration at Paris, would, in the opinion of my Government, be fatal to the object in view, as, should the destruction continue during two more seasons, there will be no occasion, owing to disappearance of the seals, for a Conference. The President sees, therefore, no cseape from tlie conviction that there is urgent necessity for prompt action such as I now have the honour to propose on his behalf, and in so doing I am instructed to say that if Her Majesty's Government should sec their way to agreeing to the modus vivendi herein suggested, my Government will have pleasure in giving full opportunity to Professor Thompson and his assistants to visit the se;\l islands in aecordance with a request to that effect which has been made by the British Ambassador at Washington. In view of the approach of tlie sealing season, and of the consequent importance that the President should be in a position to know as soon as possible Avhether he may count, as he hopes, upon the friendly co-operation in this matter of ller jNIajcsty's Government, I have the honour, in accordance with the instructions of the Secretary of State, to ask your Lordship to be so good as to cause a reply to be sent to this note at the earliest date Avhich may be practicable. I have, &c. (Signed) H. WHITE. mii No. 76. The Marquess of Salisbury to Mr. H. White. Sir, Foreign Office, April 12, 1807. I HAD the honour to receive the note which you were good enough to leave at this Oflice on the 10th instant, conveying proposals from the United States' Govern- ment for a fresh modus vinendi, similar to that of 1891, with regard to the seal fislieries in Eehring Sea, and for an arrangement for a joint conference of the Powers concerned, to discuss the measures necessary for the preservation of the seals. Your communication will receive the immediate consideration of Her Majesty's Government. I am, &c. (Signed) SALISBURY. No. 77. Sir J. Pauncefote to the Marquess of Salisbury. — {Received April 14.) (Telegraphic.) Washington, April ll, 1897. AVITJE reference to your Lordship's despatch of the 6th March, I have received a verbal assurance from the Department of State to the effect that the facilities asked for on behalf of Professor Thompson will be accorded. The United '■'.IT, illations, t" in tlie i])nn tho tiou and I have , to the cato the once he lie incUs- pinion of vision for season of ;houhl bo 10 Powers preserva- ; them to 1 1898, as hi, in the estruction ppearanco from the r have tho lat if Her ndi herein ) Professor request to importance ler ho may .- ^Majesty's locretary of ;his note at VHITE. L2, 1807. I to leave at Is' Goveru- il fisheries Iconcorued, Majesty's iBURY. I) Li, 1897. Ih, I have T;t that the L'he United 01 States' Government hope that Dr. Jordan may accompany Professor Tiiompson on his journey. Tlie re])ly from the United States' Government has been greatly delayed, but a note on the subject has been promised to me. I have sent to your Lordship by the mails of the 91h instant and this day two important despatches rccordini? an interview with ^Mr. Sherman, and inclosing a note from him reopening tho question of tlie IJoKiiIations eonceriiing the fur-seal fishery, and pressing that the modus vlvfudi should be renewed this season, and a Conference of the Powers interested be immediately summoned. The Honourable J. W. Foster, who was United States' Agent at the Paris Arbitration, has been nominated by the President a Commissioner, to carry on the negotiations and conduct the correspondence on the subject on behalf of the United States' Government. No. 78. Sir J. Pauncefote to the Marquess of Salisbunj. — (Received April 1 7.) My Lord, Washington, April 9, 1897. YESTERDAY being the day set apart by the Secretary of State for receiving the foreign Eepresentatives, I called on Mr. Sherman at the Department of State, and, after transacting some formal business, he suddenly introduced the subject of tho fur- seal fishery, and asked me whether I had not had some recent negotiation with his predecessor on the subject. On my replying that nothing had passed between Mr. Olney and myself except what appeared in tho official correspondence, he proceeded to state that he was anxious to know how Her Majesty's Government would view an arrangement among all the Powers interested, that is to say. Great Britain, the United States, Russia, Japan, and Hawaii, to proliibit absolutely the killing of fur-seals both on land and at sea for such period as might be found necessary to enable the herds to recuperate and regain their normal numbers, the gradual decrease of which during the 5)receding years pointed to early extermination of the species. This fact could no onger reasonably be doubted in view of the statistics and of the reports of scientists, and tho danger had to be faced. The only practical solution that presented itself was to adopt the recommendation of the Behring Sea Tribunal of Arbitration formu- lated in the second paragraph of the Declarations appended to the Award, and to carry it out on a larger international basis. He was convinced that, as regards the nations not parties to tho arrangement, no fear need be entertained that they would refuse their adhesion to it in furtherance of the heueflcent purpose in view. In the meantime, a Commission might be appointed to watch the effect of the measure, to advise as to the proper time for the resumption of the industry, and as to the conditions and regulations under which it should be carried on both on land and at sea, with a view to the preservation of the species, and to an equitable adjust- ment of the rights and interests of all parties. Mr. Sherman added that Great Britain was quite as much interested as the United States in the recuperation of the fur-seal species, and both countries should bo equally willing to make the sacriiiccs which might be necessary to Insure so advantageous a result. As regards the United States, he believed that such an arrangement would be heartily welcomed and accepted by Congress, Finally, Mr. Sherman asked me to sound your Lordship as to your views on the subject of his proposal, which, if favourably entertained, might, he thought, bo carried out next year. I promised IMr. Sherman that I would submit his observations and suggestions to your Lordship, and I should be glad to be favoured with instructions as to the language which I should hold to him on the subject. I have, &c. (Signed) JULIAN PAUNCEFOTE. : t [038] N 2 09 No. 79. Sir J. Pauncefofe to the Marquess of Salisbury. — {Receiveif April 21.) My Lord, Washington, April 13, I'^O?. IN my ilcspatcli of the 9tl» instant, I had the honour to report the lanjiuage held to nie hy tlie new Secretary of State, Mr. Sherman, on tlie subject of the fur- seal fishery in tlie North Pacific, and his |)rop()sal for an international arrangement on a wide l)asis, for the reeuncration of the fur-seal herds, which, in the opinion of the scientific advisers of his Government, arc decreasing in numbers with it rapidity which threatens early extinction. The followini;- day, but too late for transmission by the same mail, 1 received a note fioin him, of w'iiieh i have the honour to inclose a copy. This note is a reply to that which I addressed to him on the 2.Srd ultimo, under the instriicti(»!\s contained in your Lorilshi])'s despatch of the Gth ultimo, and of whi^h a copy was inclosed in my despatch of the i?3r(i ultimo. 'I'he note enters into statistics in support of the contention of the United States' G«)vernmenl, tliat " pelagic sealing if persisted in will, sooner or later, result in practical extermination,' anil strongly urges the suspension of all killing of fur- ■eals in 1897, and a joint Conferonce, at an early day, of the Powers concerned to agree upon measures necessary to |)rcserve tlie fur-seals of tlie North I'ucilic Ocean from extermination, and to restore them to their normal condition for insuring continued cxisteiiee. No reply is made to the recpiest that facilities may be granted to Professor Thompson to visit the Pribylolf Islands again this year, but I 'larilly think that it is intended to witliliold them, and 1 hope to obtain a favourable answer in a few (lnys, in whieii case 1 w ill advise your Lurdship. of it by cable. I have, &c. (Signed) .7UL1AX PAUNCEFOTE. Inclosuro in No. 79. fiiii il !? m Mr. Sherman to Sir J. Pauncefote. Excellency, Dcjiarlmrnt of Slate, Washiiujtoii, April !), 1^97. CIHCL' MSTANCKS beyond my control l.ave delayed an answer u|) to this time of the note you , as compared with 440 in lb'.)(5. It may be claimed that the land catcii increa.'^ed in 18U(>, as compared with 18',)r), from [."ijlOO to .SO,nOl), and that tl.is may have had some influerco upon the decrease of the pelaji^ie eateh of ll.fit!'.) in ISUO as com|)ared with Is!)'). I( tihould b(! romemliered. however, that the average percentaj^e of females to males in tlie Hehrin;;- Sea catches of both british and Ameri'';in vessels was about two-thirds females to one-third males. At the ulniost, therelbre, the increased catch on the islands v, ould have alTceted the pehii^ie catch a little more than 4,(i0') skins, Icavin;:;' a deercise oi at least 10,()(!() unaccounted for except by a laliin;;-alV in the T^male seals. It sliould further be remembered thai the catcii en the islands was increased in 1890 to ;•.(•,(){)(>, because it was plain ujion scientillc investi2;ati()n tli;'.r ilu' (lan<;;erous mortality aniona,' I'eni.nle seals i.roiig-|it about by pelagic sealin;;' liad lelt the niMiiber oi' balls greatly in e\Ci'ss of the due proporti;in between liie sexes, and to properlv care for the herd it iiecaiiie necessary to remove as far as possible this menacins; excess of male life uj'.on the ijtlands. The further startling- fact apjiears that in Beliring Sea the tdfal catch decreased from 44,109 in IsO.') to i^it.fiO'l in 189G, a (lecrea;-:(i of .'53 per cent, in the herds' capacity to yield a pelagic catcii, and if allowance is made for the seals which the pelagic sealer was jirevented from taking by the increased land killing of ISiK), the |u'rcentage of decreases in the ca|)aeity of the iuiil for such a yield is still found to be about 25 per cent, in one year. When it is further considered that the present number of breeding seals (a little over li;3,000 in 18!)()) is but little more than one-iiaU" of the number (280,000) com|)ute(l to be on said islands in 18U0, it must become evident that before arrangements can be concluded for the new regulations ibr tlu? season of 1899, there is grave reason to fear that the herd will have reached a stage so low that recuperation can be secured only with great dilliculty, if at all. From the foregoing and other facts which might be cited, the President is forced to express his strong dissent from the conclusions which seem from your note to have been reached by Her Majesty's Government, that there is no such imminent danger of the early extermination of the seal herd as to call for any action by the two Governments before the close of the season of 1898. On the contrary, he feels that if the destructit)n goes on meanwhile there will be little occasioa for action then, as the herd will be so far reduced as to render its further protection fruitless. The cxpres-sion " no reason to fear that the se.il hen! 04 ;! hSl' is tliicatoiuni with onrly oxtcrmiii.ilion " is nofoil with Htirprisc. Is it thi* intuntion of the llritish (iovornmoiit to ere reacheil is not sustained hy the facts, ami that pelap;ic sealing, if persisted in, will, sooner ur later, rusidtin practical exterminatioti. Such hein^ the ascertained fact, it seems to tlic President just and ri<<^ht that the practice autho- rized by the Tribunal under a fallacious conclusion should be abandoned ur modilied in such a way as to accomplisii the declared purpose of the Paris Arbitration, the continued existence and prcservatioit of the herd. Ill view of the foregoing conclusions, the President has directed mo to com- municate by cable to the Kmbassy in London his desire that the subject be brought at once to the attention of Lord Salisbury, with the urgent request that a modus Vivendi should be agreed upon, with eipiitable |)rovision for the interests involvid, suspending all killing for the season of ls!)7 ; and that this should be accompanied by an arrangement for a joint Conference at an early day of the Powers concerned to agree upon measures necessary to preserve the seals of the North Paciiic Ocean t'roin extermination, and to restore them to their normal condition for insuring continued existence. Our reprcseiilativo in London was instructed to urge an early answer to the proposal, as the President desired to know whether he could rely upon the tViendly co-operation of Great liritain. In communicating to you, Mr. Ambassador, the foregoing action of the President, I invoke your good ollices with your (jovernment at London to secure from it such favourable action as will tend to cement our relations of cordial co-operation and frien(lslii[). I have, &c. (Signed) JOUN SUEllMAN. Hy^) No. 80. The Marquess of Salisbury to Sir J. Pauncefote. (Telegraphic.) Forei(jn OjHcr, April 21, 1897. A NOTE iu the sen.so of your despatch of the 13tli instant was presented by United States' Charge d'Atfaircs, except that permission to renew investigation was made to depend upon acceptance of proposals. You will iMf'f'ive instructions for reply at the earliest date possible. Danger of extermination is shown by Thompson's Kei)ort not to be imminent. No. 81. Sir J. Pauncefote to the Marquess of Salisbury. — {l^cceived April 22.) (Telegraphic.) Washington, April 22, 1897. AVITII reference to yotu* Lordship's telegram of yesterday's date, I liavo the honour to report that the Secretary of State has addressed a note to me, in winch he states that his Government will welcome the visit of Professor Thompson to the Seal Islands, and will at once issue orders to the local authorities to grant him facilities similar to those extended to him last season. No. 82. The Mnrqucus nf Halishurij to Sir J. Pauncefole. Sir, Foreign Office, April 22, 1807. I TRAMSMIT to your Kxccllciicy licrfwitli a copy of n iioto from tlu; Uiiitd Stiitoa' Cliur;,'(' d'AHuiros,* slating' that liu has rccrivcd instructioiis to briiijj the question ol' the liir-scal llshery in I{( liiinn' Sen to the immediato attention ol' Ilcr Majesty's (Jovoniment, and t;ie soalintj. It is sug- fTcsted that a moiha^ rivnuli, simihir to that of lS01,8honId be a}z;recd to, to bo followed by a .Foiiit Conference' of tiic Powers enncern'd, with a view to the necessary measures beini;' atiopted for tiie j)rescrvati(in of tlic seals in liie Nortii Pacifie. It is further stated tliat in the eseiit of Her Maj(;sty's riovernnient con- currini;' in tlicse proposals, full ojjportunity will bo {:;;ivcn to Professor d'Arcy Thompson to visit the Seal hJmds, in accordance with the request wliich was made to the United States' (jovornnient throuf^h yom- Excellency. Her Majesty's Government woic eonvinceci that the United States' Govern- ment did not intend to refuse all further opportunity for invcstif^ation unle;,s these projjosals were accepted, and I have acconlinf^'ly been c;Iad to reeeivo your Excel- lency's telcf^ram of the 11th instant, statiniv that tlit; requisite facilities wilj bo accorded to Professor 'riiompson, to enable iiini to visit the islands ajyaia thia season, and that Dr. Jordan will, it is ho[;ed, join him in his tour. The above ur^jcnf. application is reported to be based on the result of Ur. Jordan's investii^ations last year, in v.hich, it is stated, Professor Thoiipson is believed to concur. I am now able to inclose for communication to the United States' Government copies of Mr. Thompson's Rep.)rt,t froia which it will be seen that the President is mistaken in supposing that, in the opinit)n of the British As;ent, there is any imme- diate cause for alarm. ])r. Jordan's Report, niorcov i, has been carefully examined, and does not appear to contain upiy facts which would warrant the statement made in ^lr. White's note as to the "depleted condition and prospective carlv extinction of the herd." On the contrary, both Reports are, generally, to the effect that the number of seals in lb'.)') showed no evidence of any measurable diminution as compared with 181)5, and that no immediate dang'er is to be apprehended to the herd, which appears to be in a much better condition than was reported in 18i)4 and 1S95. For instance, in commenting on the statistics for 181)5-9(5 for St. Gcon^e Islands, Mr. Thomjjson states at page 7 of his Report, that, although the fi2;ures may not all'ord any positive evidence of an actual increase of tlie herd between tlie seasons of 181'.^ and 1890, on the other hand, it is abundantly clear that there is no evidence at all to show a decrease during that period, and that the state of the herd on the island is, at least, very mucli better than it was believed to be from the Reports of the American agents in 1895. Ho further observes (page 17), that had the decrease in the rookeries been as great and evident as it was reported to be up to 189;"), the next twelve months would surely have shown signs still more unequivocal of continued impoverishment of the stock. The photographs, however, show with verv few exceptions an identical record. The harems were counted in both years by the same agents, and all the rookeries but one show a large increase in the latter year. Owing to the stormy weather prevailing during the last sealing season the pelagic catch »vas much reduced, the catch in Behring Sea having only l)een about two- thirds of that of 1^95. The low prices, moreover, realized for last year's skins are likely to lead to a smaller number of vessels fitting out for the fishery this season ; and there is, therefore, no information before Her Majesty's Gc.crn- ment to warrant the belief of the United States' Government, that to defer taking up the subject until after the season of 1898 would ho fatal to the preservation of the herd. Similar statements as to the immediate disappearance of the herd have been made in previous years, but experience has shown that the fears then expressed were groundless, and Her Majesty's Government are convinced that tiiey v.ill prove .«! t " United Stiller No. 3 (,1897)." !)6 va ■4'. to bo equally so on tlio present rccasion. Tlie small cateli and low prices obtained for the skins last year broufjlit many ol'theowMers of llicscaliiii;' vessels to the verge of bnnkruptey, and were Her .\lajesty's (ioveinment to prohibit pela;;ie sealing aUot;;ether for this vear, it would mean the prohable ruin of a eonsi.leralile ninnher of British subjects enj;af;e(l in a lawful industry. Of course, if the United States' (Govern- ment are prejiared to i;ive adecjuate compensation to the st'alint;' lleet on account of its enforced abstention from the fishery this season, ller .Majesty's (iovernment wouitl have no reastju for refusiui; their assent to the proposal fur a hkkIiis rivciuli, but they do not f;'ather that such is the case, and it woidd he in^possihle lor "icin to submit a vcUe to Parliament for the |)uiposc, lioldini;' as they do ;liat no siillicient reason has !)cen shown for its necessity. .\s regards the i)ro|;osed Conference, Her Majesty's Coveriunent arc of opinion that fui'ther invcsli<;atiiin is necessary on many points connected willi seal lile before the ijuestions at issue could be discussed with the hope of attaining any satisfactory result. Df. Jordan and Professor Thompson are agreed that it is most im|)ortant that an acciiiat(> co\nit of seals on the principal rookeries siioidd b:; made during several seasons in order to ascertain the changes from year to year, and there .iro oilier important points mentioned in the conclusion of Mr. Tiioiupson's l{e|)ort on which, pending;' further incpiiry, he linn) the view set forth in mv despatch of tiie (ith ultimo, that further investigation is i'e(|uired before the cpicstion t)f revising the Kcgidations cau be considered. Your l!\celleney will read this desp,itel\ to the Secret. irv of State, and leave a copy ot'i' with him should he desire it. I am, Sio. (Signed) SALISUURY. No. 83 77/;' Moniuvss of StiUsbiiri/ to Sir J. Panncrfotv. (Teloi:r:'pliic."> l''on'i,jn Olftre, April :!S, 1SS)7. jn;iiuiNu sE.v. Your telegram ol' '22w\ April. y\v. ^lacouii is no! uuMitioned. AVc jn'c^inne thai, ixMuling Professor Thompson's .irrival on the islands, he will be acecnled I'.ieililies n'cpiired f^r investiLiation. V ' i ■ I'm . ' iSX No. St. The ^fdrquess of Salinbunj In Sir J. Pntiuciofc. (Teleirrnpliie.) Foreign 0//)'cr, April 28, 1807. AVlf 11 reference to ; our telegram oT 1 lt!i Ajiril. rrol'essor Thompson |)roposes in llrst instance to vi.^it Itussiaii islands, whither lie will prneted shortly after his arrival at Yokohama about tlie liOtli .May. lie will remain at l{iis»iaii islands till towards the end of .Inly. Yi'U sluii'.il int'iMiu I'nited States' (iovernMiciit sluMdil Dr. Jordan desire to join him. Admiralty could luovide passage for him in one nf Her ^fajesty's ships from Yokiiliaini 07 r~r No. 85. •Sir J. Pttuncpfoie to the Marquess of Snlisbury. — {Received Mm/ \.) My Lord, IVnslnnijInn, A/nil 20, 18»7. WITir rol'orcnco to your Lordship's dospalcli ol" Mic HUli May lasl,» in wliic'; your liordsliip iustruotod me to asccrfain tlio views ol' (hf IJuitcd SJat(!s' CiovcruuKMit as lo (lie proposition tliat in Tuturo all suits l)rou!j:lit in Uritisli Courts lor ooudonuKition of Uritisli soaliiiLf-vcsscIs seized hy Anu'riean ollicers for violation of tlio Belirin;^ Sea Award slioidd h(\ condueled in tli(> name of tlie Crown I),' Counsel enijtloyed hy the IJnilcd Stat(>s' (lovernnient, and (hat the IJnihvl Slates siiould lurtiier enter into an Ai^reoinent to satisi'y (he .ludi;ineiit of (he (.'ourt if tii(^ sei;''ir<> shouhl ho held to ho wrongful, I have the honour to inelose copy of a note which I have received from the St'criitary of State in r(4)ly to my in([uiries on the snhject. Mr. Sherman states that, for the reason set forth in his note, the llnili'd States' (Government arc not disposed to agi-ee to the proposal xniuU' hy Jler Majesty's Gov(U'n- nunit. I liave, &e. (Signed) .rULIAN PAUNCETOTE. m fci IS'.)7. 1897. whither Ho will Inclosuro in No. 86. Mr. Sherman to Sir J, Pnunccfote. Excelh>ney, Washini/ton, April 17, 181)7. I II AVI'i (he honour to aeknowledijje the receipt of your uotws of this (jovcrnnu.'ut as to tin; proposition contained tlu>rciu ; and also, in an earlier note of the 2.')(h .Tunc last, lo the ell'ccd. (hat in the future all suits hi-ought in Hritish Courts for condemnaMon of ISritisli scaling-vcissels sv'ized hy American ollicers for violation of tlu? Hi-hring Sea Award IxMrondiietcd in the name of the Crown hy Counsel employed hy the United States' Cjovernnient, and that the United States should further enter into an agreement to satisi'y the Judgment of the ('onrt if the seizures sliould he held to he wrongful. riic proposition has received the careful conside-ation of tin; (ioveriinuMit, and I heg to reply that the suggestion contained in your note cited :il)ove grew out of a request that the Hritish (iovernment give its coviscnt to the ajjpointnient of Counsel (o represent- tli(^ United States in proceedings hrought ai^ainsttlK! " Shelhy,"' and to he hrought against other Jh'iiish vessels for violating the Heliring Sea Award Act. It was not intended, however, hy tlnit re(iuest to «;oiivey the impression that the (lOviM'ii- ment (d' th(^ United States desired to heeome a party to the proceedings, hut ni(>rely tliat the privilege av."..i dc^sired of watching the progress of the trials, ami of iiiuking suggestions from time to time as to matters in issue which alVect, or might ail'ect, the interests of the United States. This privilege; was very kindly accordcil in your jiote of the ^oth .lune, is'.Xi, and fully satisli(nnish infractions of the said Act hy British sv.hjects. Upi; can-ful '"eflcction, therefore, [ can scf; no oc(Msion for •Miteiing into the further arrangements suggested in your note to my piinlce(.'ssorof the 2.'jth June, I8ij('», and recalled to my atloution in your nott; of the 21tli ulliiiK;. r have, (tc. (Signed) .lOUN SJll^llMAN. No. 86. •Sir ./. Pauncpfole tn the Marquess of Salisburi/. — (Received May 1.) My Lord, Wukiiim/loii, April 20, 181)7. WITH reforcnee to your Lordship's despnvch of the (Uh u'tinio, instructing me to request the United States' Government to arrange that facilities and accommodation [638] See also No 7"J. 98 shuulcl, as before, be provided for the British Agents on their visit to the Pribyloff Islands, I liave the honour to transniil Tiercwith copy of a note which I have received from Mr. ISherman, Htiiting that the United ."itatcs' Governmint will welcome the visit of Professor Thompson to tLose islands. 1 have, &c. (Signed) JULIAN PAUNCEFOTE. Inclosure in N'>. 86. Mr. Sherman to Sir J. Pauncefote. Eicellency, Waghington, April 16, 1897. I HAVE pleasure in confirming and repeating the oral assurance heretofore given to you that the Government of the United Slates will welcome the visit of Professor Thompson to the Pribyloff Islands, and that orders will at once be issued to the authorities on the islands to extend to him the same facilities granted him during his visit last year. I liave, &c. (Signed) JOHN SHERMAN. No, 87. The Marquess of Salisbury to Sir J. Pauncefote. (Telegraphic.) Foreign Office, May 1, 1897. V\ ITH reference to your despatch of the 19th March respecting the Behring Sea negotiations, 1 have to inform you that the renewal of the Agieement for ll. ■ sealing-up of arms by a duly authorized officer, on the application of the master, is agreed to by Her Majesty's Government. The Dominion Government are unable to concur in the suggestion as to the exami- nation of skins by United States' officers at port of arrival. I authorize you to inform the Government of the United States of the above. A despatch follows. r." <\ "^SlS'i^ >*>*f > " No. 88. The Marquess of Salisbury to > J. Pauncefote. Sir, Foreign Office, May 1, 1S97. WITH reference to your despatch of the H)tb March, I have to inform yon th.ti the {Canadian Government have exprosed their views on the Supplementary Regulations proposed by the United States' Govcrr.ini nt for the senl fishery in Behring Sea in regard to the sealing-un ot arms, and the exaiiiinatio!! by United States' officers of the skins landed at Victoria from British *ialin};-vesht'l!-. I have lo-duy authorized your l^^xctilencv, by telegraph, to info>'m the United Stales' Government that Her Majesty's Govermntiit are pupared to agree t<> the renewal of the Arrangement made in 1894 for the sealing-up by a duly authorized officer, on the appli- catio i ot tlie muster, of the arms on board a vessel proceeding to the fi>hery in Mehrmg Sea, or returning to port during the eliise season; but that the Ciinadian Govern- ment found themselves unable to concur in the suggestion that the skin^ landed from the British sealing fleet should lie examined at the port of d'>stination by American expel :■• As regards this last prupos: I, the Canadian GoveriMiient aie convinced that even were it possible to establish that any punctures which might be found in the seaUskins were the result of gun-shot wounds, and that ihe> could t)e readily distinguished from I 09 those made by sjtearh, it would still he iiiipossihie to prove that the animal fron) which the pelt was taken had been killed by uicans c;' fire-arms. It is a matter, it is said, of common knowled}!;e iliat the skins of a large number of seals killed by spears contain shot-wounds, so that no weight can be attached to any argument derived from these wounds as to the manner whereby the ultimate capture of the seal was effected. There is no means of proving that these shot-wounds were not received during the migration of the seals outside Behring Sea, where the use of fire-arms is not prohibited ; or that they may not have been inflicted by the crew of a vessel other than the one by which the seal was eventually secured by the spear. Moreover, sealers knowing that an examination such as that suggiested awaited them at their destination, could readily add a spear-wound to the skin had the seal been shot, thus effectually destroying the utility ot any such test. The case of the " Kate " is referred to by the Canadian authorities as illustrating the force of the above remarks. As your Excellency is aware, this vessel was seized last season because certain skins were found on board believed to liave shot-holes in them, though it was afterwards found that the vessel had no fire-armsi whatever on board. 'J'he Canadian (iovernmeiit are further of opinion that, an examination of the salted skins when landed ut the home ports would provo of littli' use in establishing the sex ot the seals killed. Ihey state that when the United States' Treasury Circular, which is referred to in Mr. Olney's note, first came into their possession, the matter was exhaustively considered, and the conclusion reached that the tests therein indicated were wholly ineffective for determining the question of sex. The Minutes of the Canadian Privy Council dealing with the matter have been communicated direct to your Excellency by the Governor-General ; but I think it well for your convenience to place the views of the Dominion Government on record in a despatch, as it is probable that the question will again be referred to by Mr. Secretary Sherman. I am, &c. (Signed) SALISBURY. m No. 89. Sir ./. Pauncefnfe to tlv Marquess of Salisbury.— (Received May 3.) (Telegrapnic.) Washington, May :), 1897. Wl'lll reference to your liOrdsliip's telegrams of the 28th ultimo, au'aorities at IVibvloll Islands will at once receive inhtruetions to give Mr. Maeoun same facilities as were accorded last year Should the movements ot any ot the re venue- vessels sailing to those islands suit Mr. MacouMs convenience, Uiiitc'd St'ites' Government will olfor him passage on them. Dr. .Tordan has been informed of friendly offer of providing him a passage, but it is not eonside'-'Ml (irobahie that he will ht able to take advantage of it. f Ko. 90. The Marquess of Salisbury to Sir J. Pauncefote Sir, Foreign Office, May 7, 1897. I HAVE had under consideration, in communicatioii with Her Majesty's Secretary of State for the Colonies, Mr. Sherman's nott- of the '.tth ultimo on the .subject of the fur-seal fishery, of which a copy was inclosed in your Excellency's despatch of the 13th Apiil. Mi' "herman urges that all killing of fur-seals should be 8U^pended tor the present, and tbisi ;. jo-.jt Conference of the Powern concerned should meet at an early date to agree uj / < I'n eieasures neceasary to preserve the seaLs from extermiiiiition, aiJ to restore Uk- • ;u to i'lS normal conditions. reayj o 2 100 > I ' The same proposals were made in the note from the United States' Charge d'AII'aires of the 10th ultimo, a copy of which was transmitted to your Excellency in my despatch of the I'L'nd April, with instructions as to the answer to be returucd to the United States' Government on tiie subject. ^Mr. Sherman, however, adduces certain statistics in support of the contention that the seals are thnatenod with early extermination, which make it necessary for Her Majesty's (■oveniment lo deal with iiis despatch in a separate communication. With regard to Mr. Sherman's complaint that the United States' Government had not been fiirnisiieil with a C()j)y of Professor Thompson's Report of his investigations last year, 1 have to slate that Her .Majesty's Government regret the delay that has occurred in the matter. It lias been caused partly by RJr. Thompson's professional duties, and also by the necessity 1 1 his waiting for certain notes and information with wiiich he had asked Mr. Mjiecuni, the Agent of the Dominion Government, to furnish him. The Heport i,s, however, now in the hands of the United States' Government. ^Ir. Slierman proceeds to state that in the absence of Professor Thompson's Report tlie President has been forced to reach his conclusions as regards the condition of the seal lishery by a careful study of Dr. Jordan's Report, and other ascertained facts and statistics. It is to be regretted that Mr. Sherman haa not referred to the passages in Dr. Jordan's Report on which the conclusions of the President have been arrived at. So tar as Her Majesty's Government can judge in the absence of such indications, the President's conclusions would appear to be based only on general assertions and deductions in that Report. Mr. Sherman states that Dr, Jordan's Report shows conclusively that there has been a distinct and steady decrease both in the total number of breeding seals, and in tl\e number of harems of breeding cows in the season of 189G as compared with that of 189u, and that it further conclusively appears from the Report that this diminution has been caused by pelagic scaling. Dr. Jordan, however, states Oh ' '^1 ns follows: "In 1895 Mr. Murray made a careful cnunt of the number of harcnib < rwo i.^:I;inds, finding 5,000 in all. At the same period in 18!)G he found that the Ui -• of harems was reduced to 4,S5;i, a loss of ',\\- per cent., the number of bulls without Inuems having increased 7 per cent." On p. 1(5 Dr. Jordan himself gives the number of harems in 1890 as 5,009, a small increase on Mr. Murray's count of 5,000 in 1895, instead of a decrease of less tlian o per cent, (not ^l per cent, as calculated by Dr. Jordan). Similarly, as regards tiio nui.iber of breeding cows. Dr. .Jordan's courtt, as recorded on p. 1(5, gives 81,793 for L^yO, wh.ile the figures for 1 895, as given by himself on p. 20, were only 70,423. The state of the rookeries in 189.>, as compared with 1890, is fully dealt with b^' Professor Thompson, antl is referred to in my despatch of the 2i2nd ultimo, aiul it is there- fore unnecessary to discuss the matter at length. That Report also deals, so far as the intornvitiou at present available is concerned, with the question of the mortality of pups owing to the killing of their motbeis at sea, and t!ie general conclusions at which he arrived, as set forth on p. 'Jo of his Report, show that the number 14,4!73, at which Mr. Sherman places the deaths from this cause, must be subject to very large deductions. it may be tlie ease, as stated, tliat it was as easy in 1880 to procure 100,000 skins on land of the same ((uality as those taken during the season of 189G, as it was to obtain tlie eatcli of last year, viz,, ;Ui,000, but it must not be forgotten that in 1890 not even .') could be obtained. The question of the comparative ease or ditficulty with wbieli a staled catch was obtained in two years so far apart as ISSO and 1S9G would, even if the same individuals were employed on each occasion, be an uncertain foundation on which to base any estimate of the comparative numbers of the herd; but Her Majesty's Government have never denied that the herd has diminished largely since 1880, though they maintain that any share pelagic sealing may have had in liringing about that decrease is insignificant compared with that of other causes which appear to be overlooked in the United States. If, as alleged, the number of breeding females in 1880 was four times as mnnv as in 18'.»G. or GOO, 001) ia the former year, and l')0,000 in the latter, while in 1890 tlieie were *J80.00(t. the liguies completely negative the conclusion that the pelagic sealing ban been the cause of the deciine, for in the eleven year.i, 1880 to 1890, while the herd was reduced, according to Dr. Jordan's estimate, by .'520,000 breeding femaltfs, only :.'4(),<)()2 seals were killed at sea. "bile in the period 1891 to the end of the spring season of 1890 the pelagic catch reached a total of 1;G9,388, and during this period the deciea.se in the luuiiber of breeding cows was only 130,UU0. A herd of G0n,()O(i breeding cows should mean, according to Dr. Jordan's eslimat 10] s o.siiniut ail annual addition ot 100,000 brcodinp cows to the rookeries, jet in tlio eleven years, 18S0 to 1800, wliiie tlie poIai;ic eateli only averaged some 22,000 a-.vear, there was not only 110 addition to the rookeries, Imt an avorajje annual decrease of' some .V!0,000. If this enormous loss was entirely due to pelaijjic sealing, is l>r. Jordan maintains, it would have doubled when )K'ln,!;ic scaling- doubled, and tlie herd oujjfiil to have ceased to exist some years ago. Yet during the years which followed with a herd supposed to range from :.'8(),000 to 150,000, ami with an annual addition > cows to the rookeries which should, if Dr. Jordan is correct, have been from 48,000 to 25,000, the pelagic catch has averaged about .00,000 a-year. vet the loss to the rookeries has beenonlv some 25,000. These statistics of Dr. Jordan's, as set forth in his Report, prove cKarly tliat the loss to the herd in the jicriod during wbicli pelagic sealing has been a large factor in the influences atlecting it, has been insiiiiiiUcanl compared witii the destruction which M enl on prior to 1S90 on tlie islands, and tint the eifect on tlio herd of tiiat mode of sealing is mucii less serious than that of killing on land restricted to males only. The frequent recurreni'c, moreover, of seas(ms characterized like that of last year by weather during wliicii sealing operations at sea are interrupted affords a natural protection to the licrd from exhaustion by pelagic sealing. The difTercnce between the spring catch on the north-west coast in 1RJ*5 and 1800 furrishcs an excellent illustration, iifty-two vessels in the former year securing only 8,!^ »:] skins, while forty-one vessels in 1800 secured 11,780 skin». The falling-olf in the Bchring Sea catch last season, which Air. Shinnan cites as due to the reduction of the herd, was, according to the information in tiie hands of Her Majesty's Government, fully explained by tiie interruptions due to bad weatiier ; and as the great fivll in the price of skins has led to a smaller nunilier of vessels fitting out for the fishery this year, their contention that there is no immediate danger to tl'.e heril, so iar at any rate as pelagic sealing is concerned, appears to be fully justified. But if the proceedings which led to the wholesale redaction of the seals between 1880 and 1800 are resumed, and all the best young male life is destroyed, tliere can be no question that the herd will at an early date cease to be of commercial importance. In Mr. Sherman's note the killing of 30.000 males last year is justilied on the ground that " it was plain upon scientific investigation that the dangerous mortality among female seals brought about l>y pelagic sealing had left the number of bulls greatly in excess of the due proportion between the sexes," and that "to properly care for the licrd it became necessary to remove as far as possible this menacing excess of male life upon the islands." If there was such a " menacing" excess of bulls, it is unfortunate that instead of attempting to reduce the excels, the killing was confined to males who would not become "bulls "able to take a jilace on the rookeries for another ihrce years, during which period, so far as the killing of 1 80(5 is concerned, the alleged excess of bulls on the rookeries will continue. Mr. Sherman, in the conversation reported in your Excellency's despatch of the 9th April, pointed out that Great Britain was quite as much interested as the United States in the recuperation of the fur-sealing species. As a matter of fact, the interest of this country has now for some years exceeded that of the United States, and should the herd be destroyed a large amount of British capital will be lost, and a large number of British subjects thrown out of employment. Tiiey have, theri-forc, reason to be more anxious for the establishment of proper llegulations than tiie United States, but the examination of the Reports of last year's investigations, while it has shown that there is no indisputable evidence that the herd has quite recently been decreasing, and that there is no ground, tiierefore, for immediate alarm, has also .shown that all previous statements as to the numbers of the herd have been conjectural, and that there is consecpiently no means available for testing the elliciency of the existing Regulations, or for showing the direction which any amendment of them should take. To enable a thoroughly satisfactory revision to be made accurate statistics should be available, extending over a sutlicient period to eliminate accidental circumstances atfectin" the herd during the greater part of its life, which is spent where observation is impossible. Until such information is available il would, in the opinion of Her Majesty's Government, be premature in enter upon the proposed conference to discuss measures based on conjectures admitted to be of doubtful value, and the interests ot this country in the question arc too serious to warrant Her .Majesty's Government in imperilling them by the adoption of any hasty ilecision. 102 Your Excellency will read this despatch to Mr. Sherman, and leave a copy of it with him should he desire it. I nm, &c. (Signed) SALISBURY. No. 91. Sir ./. Pauncefote to the Marquess of Salisbury. — {Received May 10.) My Lord, Washington, April 29, 1897. I HAVE the honour to acknowledge the receipt of your Lordship's telecrrains of yesterday's date on the subject of the visit of British .Agents to tlie Pribylofl' Islands; and to inclose herewith cop\ ot a note whicli I have tiiis day addressed to the United States Secretary of State, informing him of tlic proposed itinerary of Professor Thompson, and asking that facilities should likewise be accorded to Mr. Macoun. I have, &o. (Signed) JULIAN PAUNCEFOTE. Inclosure in No. 91. Sir J. Pauncefote to Mr. Sherman. Sir, Washington, April 29. 1897. 1 HAVFI the honour to inform you that 1 communicated to my Government the contents of your note of the l(5th instant, stating that orders would be issued to the authorities on the PribylotF Islands to extend to Professor Thompson the same facilities as were granted to him during his visit last year. 1 am now informed by Lord Salisbury that it is proposed that Mr. iVIacoun, who accompanied Professor Thompson last year, should again act under his directions and with his assistance. I venture, therefore, to ask you to he good enough to extend to Mr. Macoun the same facilities as have kindly been accorded to Professor Thompson, in order tiiat Mr. Macoun may be enabled tti commence his investigations prior to Professor Thompson's arrival on the i8lanr of Her Majesty's Government to provide a passage for Dr. Jordan from Yokoliama to tiic Russian islands in a British ship, and Dr. Jordan will be so advised; but it is prohabh." that it will not ho possible at this date to avail of the offer. 1 have, &c. (Sigmd) JOHN SHERMAN. :.. .; ,. No. 93. Sir J. Pauncefote to the Marquess of Salisbury. — (Received May 13.) My Lord, Washington, May 4, 1897. I HAVE the honour to acknowledge the receipt of your Lordship's despatch of the 2:^nd ultimo, containing the reply of Her Majesty's Government to the proposals put forward by the United States' Government respecting the fur-seal fistiery, and inclosing six copies of Professor Thompson's Report, for communication to the United States' Government. I have the honour to report that I called yesterday at the Department of State and read to Mr. Sherman your Lordship's above-mentioned despatch, and left a copy of it witli iii'ii, in compliance with your Lordship's instructions. I also delivered to him the copies of Protessor Thompson's Report. ,, .^ ] have, &c. (Signed) JULIAN PAUNCEFOTE. 104 ' ' '•■ No. 94. ' ■ Mr. S/ierninn to Mr. Hrnj. — (Communicated by Mr. Hay, May 2'2.) Sir, Department of State, Washington, May 10, 1897. TifK British Ambassador callod upon mo on tlui 8i(l instant and lianded me a copy of a d»>spatcli to In'm from Her Majesty's I'rineipal Secretary of State for Forcigu Atfairs, lK'arini» date tlie 21st ultimo. Tiiis dosj)ateh constitutes tlie reply of tiie Urilisli (TOvernme?it to the ju'oposals of the President, as presented in tlie note of your Euiliassy of (lie 10th ultimo, i'o- a morfi(.v r/rrnr// for tlie suspension of all killing' of seals for the present season, and for a joint Conference of the Powers concerned AvitU a view to the necessary measures heiiig adopted for the preservation of tho fur-seal in the North Paeiiie. Tt will he seen that hoth jiroposals are rejected. I need hardly say that the President is greatly disa])i)oiiitod at this action, espe- cially when it is based upon such unsubstantial and inadequate reasons. The President's concern, in view of the depleted ('onditiou of the seal herd, was occasioned not alone from an examination of Dr. Jordan's Report of 180G and what he had reascji to suppose were the conclusions of Professor Thompson, but it was l)ased upon a series of observations and statistics covering a much longer period than that treated by those gentlemen, establishing a state of facts beyond refutation, and which is in part set forth in my note to the Ih-itish Ambassador of the sanu^ date as my cablegram to you. ■ It is therefore quite surprising that Her Majesty's Secretary should base his rejection of the proposals of this Government, so impressively presented, upon the Ilepoi-t of one scientist whose facts and conclusions are incorrectly apprehended and the delayed Re])ort of another, which is for the first time made public concurrently with the receipt of his Lordship's note. It would have been gratifying to me and useful to my Government, in studying the im])ortant subject under consideration, if Professor Thompson's Eeport could have been made imblic with the promptness which marked the appearance of that of Dr. .fordan. In that case there would have been ample time for both Governments to have examined the Reports of these two eminent scientists before the opening of anotlier sealing season. But it seems to have better suited the purposes of Her Majesty's (Jovernment to withhold Professor Thompson's Beport vmtil an opportunity was a Horded to examine that of Dr. Jordan, and thus enable the former to pass the latter in review, criticize its statements, and as far as ])()ssi!)le minimize its conclusions. It is not pleasant to have to state that tlu> impartial chafacter which it has been the custom to attribute to the rejiorts of naturalists of high standing has been greatly impai]-(>d l)y the apparent subjection of this Report to tlie ])olitical exigencies of the situation. It is further to be regretted that the Rei)oi't was so long delayed that no opportunity was afforded this Government to examine it before the definite and final rejection of the President's proposals, based mainly upon its conclusions, was commu- nicated to me. This conduct recalls the incident which preceded the Arbitration at Paris, and Avhich came near rendering that Arbitmtion abortive, when a similar Iteport of a British Commission was withheld until after the Case of each Government was exchanged and the Report of the American Commission made public. liord Salisbury asserts that Dr. .lordan's Report does not contain any facts warranting the statement that there is a " depleted condition and pros2)ective early extinction of the luird." The note of your Embassy of tlu; 10th ultimo does not attri- bute such a statement to Dr. Jordan, but it is difiicult to undei'stand how any one can read his Iteport Avithout reaching the conclusifm that such is the real condition of the herd. On p. 1^ he says: "From this time (1886) on the decbne has been moi*e rapid and has Iteen continuous." On p. 21 he clearly recognizes diminution, as evidenced by pliotographs, as also by decrease of liarems. On p. G6 he uses this expression : " As the herd is steadily diminishing the spring or north-west catch is becoming relatively unimportant." Other citations might he made, but it would seem unnecessary in view f his declarations, often repeated in his Report, respecting pelagic sealing, from which 1 give only one extract (p. 29) : " Pelagic sealing, in tho judgment of the members of the ])resent Commission, has been the sole cause of the continued decline of the fur-sea' luirds. It is at |)resent the sole obstacle to their restoration, and the sole limit cf their indefinite iucrcise. It is therefore evident that no settlement of the fur-seal question as regards either the American or Russian islands can be permanent unless it shall provide for the cessation of the indisciiminate killing of fur-seals, both on the sealing grounds and on their migrations. There can bc> no ' open season ' for the killing of females if the herd is to be kept intact." lOi , 1897. led me a r Forcigu y of tlie i* of your killing' of ■nod Avitli Lirscal iu ion, cspe- 118. The iccasioned ad reascu tn a scries I by those I part set II to you.- rejection Report of le delayed he receipt studying ouhl have )f tliat of iinicnts to pciiinp: of cs of Her )portunity pass the iiichisions. hecMi the ■n greatly ies of the d that no and final is coiiimu- itration at ar licport mcnt was any facts ive early not attri- iiy one can on of the iccu more lution, as uses this t catch is ould seem respecting ig, iu the ise of the e to their re evident r llussian Bciiminate There can I'rofossor Thom])s()u's Repcrt is [ilainly written with a view to miuiniizo as far as possible tlie dcpletod condition of the licrd on the l*rihylo(T Islands, and requires a critical examination not possible within tlie limits of tlie i)n's(Mit Inslvuction, hut its general ])Mrport may be briolly stated. It is to be regretted that he should liiive con- tracted his stiiijy far witliiu tlie piu-view of his instructions. In (iu! outset of his Keport he says : "Tlie main object of my mission Mas tiie collection of information and statistics with regard to the worlcing and elVectiveness uf the Ilegiilations " of the I'aris TribMual. Hut Ave look in vain in his Report for any discussion of that alU im])ortaut subject, lie conlined bis incpiiry and I'eport to tlw subordinate subject of the number of seals resorting to the islands, and ]iarticularly to the relative numbers in IS'.'.') and 1S!)(5. The result of bis observations and incpiiry seenuvl to be that on sjmc riiokcries tb(>re was an inereas(> and on others a decrease, but (ui the whole a ])ossible state of e(|iiilibriuni for the past two years, although he ci)nc(>(les a diminution as conijiaied with 1KJ)2. If all the Professor claims is admitt(>d, it does not militate against the contention that since jielagie .sealing became general the decline of the herd has been steady and rapid. The apparent equilibrium noted in his I?eport is well explained by I)r. Jordan when he s;iys (p. IS): "There is evidence that the vindiis rireiiili of 181)2-5)3, by which Ik'hring Scni was closed to the sealing ileet, has ])ro(luced for ISO.') and 1890 a slight check of tlie diminution. The reason for this is that, iu addition to the saving of mothers, no pups were starved to (l(>atb in lSi)2 and ls!);{, and those which might have been starved have r(>turned as breeders or as killable seals in IS').") juul 1890." Since the receipt of Lord Salisbury's despatch explicit inquiry has beiMi made of Dr. .Ionian as to the i(>lative condition of the herd in 189.') and 189(> and in ])revious years, and he has furnished the chapter on the " Decline of the Herd "' froiu the torthcoming I'Miial Report of himself and associates, from which the following extract is taken : "While the amount of tlu' decline cannot be stated Avitli matliematical exactness, it is possible from the data at baud to make an approxi- mate estimate. From a careful study of all the conditions, in our opinion the fur-seal herd of the I'ribylolf Islands has decreased to about one-liftb its size in 1S72-7 t ; to scmewhat less than one-half its size in 1890, and that between the seasons of 189.') and IS'.X". there has been a decrease of about 10 per cent." Although I'rofessor Thompson has been very careful throughout tb{> Report to .say nothing likely to embarrass his Cov(>rnment. in the " conelusions " the voice of the true scicMitifie investigator speaks in lirni and certain tones. While Ik; regards "the alarming statem(>nts of the herd's inimen.se (hrrease " as overdrawn, l;e says " tliere is still abundant need for care and for ju'udent measures of cons(>rvation in the interest of all It is not diilicult to believe that tin- margin of safety is a narrow one, if it b(> not already in some measure overstepped. AVe may hope for ji [XTpetuation of the present numbers, we cannot count upon an increase. And it is my earnest hope that a recognition of mutual interests and a regard for llie common adviintaii'e may suggest measures of ])rudence which shall keep the pursuit and slaughter of the aniuKil within due and definite bonnds." In view of such explicit language it is not e;isy to undei'staud bow Lord Salislmry can reconcile his refusal to entertain the proposals of the I'resident with the interests of his own countrymen, to sny notliini<' of the friendly relations which ho desires to maintain Mifli *he United States, Russia, and .laiian. The experience had with the sci.entitic Commissions of 1892, as well as the Reports of is'.IO just under review, shows that it is difTicult through them to reach a harmony of views; imt we have at hand certain statistics of undisputed authority poieling unmistakably to conclusions which should be contiolling. The operations of the jiclagic licet in Behring Sea since the I'aris Ilegulatlons have been in force are as follows : — 189 1 — ;57 vessels, 01,585 seals taken, or an average of 853 per vessel. 1895 — 59 vessels, 1 t.KJ!) seals taken, or an average of 748 per vessel. 1S'.)0— 07 vessels, 2'.),500 seals taken, or an average of 410 per vessel. It thus appears that nearly double the number of vessels in 1890 were not able to take as many seals as were taktm in 1891, and the catch ])(>r vessel fell off nearly one-half. L(ml Salisbury attributes this large faliing-ofr in Rchring Sea " to the stormy weather prevailing," but does not cite his authority. I am not awaie of any ])ublisbed report to that ellcct. ('aptain Hooper, who commanded the American cruising fleet in Behring Sea in 1895 and 1890, reports; " Tlic weather in Bebring Sea was not materially diflerent in the past two years. Conditions admitted of boarding operations by the fleet twenty-five days in 1895 and twenty-four days in 1890." An examination and comparison of the logs of sealing-vessels for 1895 and 1890 confirm Captaiu lG3Si r 1 i i if 106 I ■IS, ^^ (ml -.i . .^-r. Hooper's report. Tho al)ove fignros, with tlio statistics contained in my note of the 9th ultimo to tlie British Ambassador, make it very clear that tlie seal herd is l)econiini» vapidly depleted, and that " tlie mari^in ot safety," as Professor 'riiompaon expresses it, has been "already overstei)ped." Jt is to 1)(> inferred that " tlio mari,'in of safety" is intended to signify the point at which pelagic sealing ceases to he- prolUahle. He cannot have had in mind I)iologicaI extermination, for tliat point could not have heen reached so long as a single hull and harem twisted. The ])oint when sealing (teased to he proiitahle seems to have heen reached during last year. A Tahlo appei\ded to his Eeport sliows that the total product of the i)elagi(! catch of 18!Ki in the liondon market was about half the amount of that of 18{)5, and Lord Salisbury informs us that this result has " brought nuuiy owners of the sealing-vessels to the verge of bank- ruptcy." It thus appears that the condion of things predicted by the Government of th(^ United States, as quoted below, has already come to iiass— the commercial (exter- mination ot the seals. If pelagic sealing continues to bo tolerated a limited number of vessels will carry on the indiscriminate slaughter, in the hope, by a favourable cruise, of recouping the losses of the previous y(\ar, and the rookeries on the islands will be still further depleted. But the biological existence of the fur-seal may still be continued, and Her Majesty's Ambassador may I'opeat tho declaration, so often made during the past two years, that there is " no reason to fear that the seal herd is threatened with early extermination." In this connection it may not be improtitablo to recall the action of the two Governments respecting the eiforts made to revise the Regulations adopted at Paris. The expressed object of the Paris Arbitration was " the preservation of the fur-seals," and the Kegulations adopted by the Tribunal were framed with a view to " the proper protection and preservation of the fur-seal resorting to Hehring Sea." On the L'.'h'd January, 1895, Secretary Grcsham addressed a not(> to the British Ambas- sador, stating that the iirst year's experience had " convinced the President that the Regulations enacted by the Paris Tribunal have not operated to protect the seal herd from the destructi(m which they were designed to i)revent," and he asked that a Commission of scientists and experts be a])pointed by the Gov(>raments of the United States, Great Britain, Russia, and Japan to report upon the proper measures to hi adopted, and i)ending the deliberations of the Governments a modus vivendi be agreed upon suspending sealing in Behring Sea. Nearly four months elapsed without an answer from tlie British Government, when, on the 14th (? 1 0th) May, 1 805, a second note was sent, reiterating the President's solicitude, urging a reply, and predicting that unless some further restrictions were adopted the seals would " be exterminated for all commercial purposes Avitbin a very few years." On the 27th May the British answer was received, in Avhich it was complacently stated '* that the condition of aftairs is not of so urgent a character as the President has been led to believe," and that there was no " such urgent danger of total extinction of the seals as to call for a departure from the arbitral Award by which tho two nations have solemnly bound themselves to abide." Secretary Olney, 21th June, 1895, by direction of the President, renewed the jjroposition in diifereut terms, but the British Government repeated its declination to make " any extension of the Regulations solemnly laid down by an International Board of Arbitration." After a second year's experience; of the Regulations, Secretary Olney, 11th Alarch, 189(5, called the attention of the British Ambassador to the catch of 1S95 in Behring Sea (the largest ever made in that sea), and expressed the hope that the British (iovernment would realize " the absolute necessity of consenting for the coming season to some further Regulation to the end that the valuable lierd be saved from total extinction." On the 27th April Sir Julian Pauncefote replied that Her Majesty's Government saw no reason to believe the catch in Behring Sea was " so large as to threaten early extermination," and that there was no " necessity for the immediate imposition of increased restrictions." This correspondence is recalled to show that, from the fu'st year the Paris Regula- tions were put in force, each succeeding President and Secretary of State has been firmly convinced thai they were inadequate for the purpose for which they were adopted, and that the British Government has just as firmly resisted all overtures for even a conference of the Governments concerned for the purpose of considering whether further Regulations were required to protect the seals, and has rested its I'cfusal upon " the Arbitral Award by which the two nations have solemnly bound themselves to abide." In view of this attitude of the British Government, I deem it opportune to make 107 to of the )OP()inin£» i^xprt'ssos siifetv " 1)1.'. Jle iiivo been MMxlcil to i Lonilon IS us that ol' bank- luncnt of iiil oxter- l nunilHT (ivouifiblo 10 islands may still SI) often seal herd f the two 1 at Paris, ur-seals," he proper lea." On h Anibas- , that the seal herd wl that a le United ires to \y- DC agreed ithout an cond note itinjj: that inated for le British idition of eve," and call for a V bound renev/ed pclination r national Olney, h of 1S95 that the le cominif be saved that Her " so large mraediate Ilegula- has been hey Avere rtures for msideringf rested its ily bound to make an examination (even at the risk of beini; somewhat tedious) into the manner in which it has responded to the action of the I'aris Tribunal, and to what extent and in wliat spirit it has observed the decision and recommendations of that Tribunal. A perusal of the Protocols of that Tribunal will show that the pre|)aralion of the Hegulations was intrusted to tin; three Arbitrators nominated by the neudal (iovern- menls, aiul when their unanimous l{e])ort was presented it was |)rovideil in Article II that the Eegulations siiould be applied to all the waters of the i'.ieilie Ocean aiui Behring Sea north of the yijtli degree of north latitude, thereby including all the waters cast of Japanese and Bussian territory. Lord Jlanncn, the British Arbitrator, objected to this provision, and moved an amendment limiting the area to all that part of tile ocean and sea east of the ISOth meridian. Baron Courcel, I'resident of the Tribunal, stated on behalf of the neutral Arbitrators that, in framing Article II, "they had acted out of regard for llussia and Jajian, Towers not represented before the ">' )unal of Arbitration, and towards the waters of whom it appeared iu)t tMpiitable to drive back the English and American pidagic sealers during the wholi- lime of the close season." But he ae.piiesccd in Lord Ilannen's amendment, and it was adopted. (I'rotoeol JjIV.) It is ])lain from the jirocecdings that the Tribunal regarded the extension of the Regulations to the Asiatic waters as a matter of justice to llussia and Japan, and they would have been so exteuded if those Powers bad been parties to the Arbitration. "When, in accordance with Article VII of tlie Treaty of 18!)2, the Russian and Japanese Governments were approached with a view to securing their adhesion to the Regulations, they both replied they could only do so on their extension to the Asiatic waters. Secretary Gresham reports that as early as Octolier, 1S93, he verbally brought this attitude of the subject to the attention of the British Ambassador, who recognized the force of the position assumed, and said the situation seemed to suggest the projiriety (jf a Treaty between the four Powers " for the preservation, for their common benefit, of the fur -seals between the two contiucuts and north of the 35th degree of north latitude." Mr. Bayard Avas instructed, 27th October and 20th November, 1893, to seek to bring about such an arrangement or Treaty ; 23rd January, 1891, Mr. Gresham. brought the subject to the attention of the British Ambassador, and on the 2nd May, no answer being received, the proposition was again urged. Secretary Olney brought the subject again to the attention of the British Government in a note dated the 21th June, 1895, the proposition being presented in a new form ; and on the 19tli August a general negative reply was made to Mr. Olney's note. Under date of the 2nu April, 189(i, Secretary Olney informed Mr. Bayard that the Russian Governin(>nt was about to initiate negotiations at London for the extension of the Paris Regulations over the Asiatic waters, and at the request of tiie (rovern- ment ^Ir. Bayard was instructed to co-operate in such negotiati.ms. ^[r. Bayard at once put himself in communication with the Russian Ambassador, but on the lltli 5lay he was informed by Lord Salisbury that ller ^Majesty's Governuuuit had decided to dispatch a naturalist to the Russian seal islands, and that, pending the receipt of his Report, his Government would not enter upon negotiations. The British naturalist returned to London in October, 1890, but up to this date his Lord- ship has given no indication of a desire or intention to open the negotiations. In fact, the despatch to which I now reply rejects the proposition of the President for a similar Conference or negotiation. The ell'cct of Lord Ilannen's amendment of Article II of the Regulations has been to bring about the i?tate of affairs which the neutral Arbitrators desired to avoid— to wit, to transfer the sealing-vessels to the Asiatic waters during the closed season in the American waters, which they expected would 1)6 prevented by negotiations between the interested Governmcuts. Such negotiations Great Britain has steadily omitted and declined to enter upon. Again, the Arbitrators ai)pendcd to their decision or Award a series of declarations, not binding upon the contracting Governments, but which were recommended for ■ * ",i • adoption. The Amerii;au Arbitrators at once accepted the declarations, but l.c/id Hannen hesitated to accept the second paragraph, which is as follows : — " In view of the critical condition to which it appears certain that the race of fui'- seals is now reduced in consequence of eircurastaiiccs not fully known, the Arbitrators think lit to recommend botii Governments to come to an iinderstanding in order to prohibit any killing of I'ur-seals, either on land or sea, for a period of two or three years, or at least one year, subject to such exceptions as the two Governments might think proper to admit of. " Such a measure might be recurred to at occasional intervals if found beneiicial." [638] P 2 \4 i\ ■■( « ; •■! ■ 1 11! 108 Tionl llnnnon doclarod tlint, "nltlimijjli approving tin* spirit in which it ahosccdiid pariiifnipii) is conrcivod, niul although regarding as vory dcsirahlo that tlif (Icstriictiou ol' till' I'lir-scals niiglit 1h' nitircly snspcinh'd during a certain period of time, co as to enable natinr to retrieve tin; losses uliich this race of aninials has nudergone, he does not feel authorized by the terms of his mandate* to express an opinion on tiie suhjeet;" and the Canadian Arbitrator concurred with his Uritish colleague. (Protocol lilV). Iniinediately after the receipt of the ollicial copy of llic Award and decluratiniis, the 12th Septemher, lHi»H, Si'crclary (Jreshani calded instructions to Mr. Mayard to ask the concurrence of (ireat Mritain in the enforcement of the second (leclaration. .Mr. Hayard reported, the lUth September, that he iiai'i made known his instruetiinis to the Hritish (iovernmeiit. \o answer having be<>n received on this jioiiit, Secretary (iresliani repeated the olTer to Sir.lulian rauncefote, the 21th January, Is'.tt. 1 do not lind that response to this proposition was ever made. The wisdom of the rccom mendation is abundantly proved by the experience of tiic past liiree years, and it strongly supports the repeated applications wiiich have been nnuh- by the (icivernnu-nt of tlie United States for a modus suspending all killing of the seals until a Conference could l)c had to readjust the I'aris Kegulations. The indilVerence with which the llritish (Jovernment treated the rcjieated appeals of this (iovernmeiit for prompt action towards the adoption of measin-cs to enforco the Jfegulatitms "solemnly laid down by an International Hoard of Arbitration," illustrates the measure of respect entertained for that august Tribiuial. On the I2tli September, 1M>3. within a niontli after the. \ ward had be«'n rendered. Secretary (Jreshani instructed ^^r. h.iyard by cabh- (cited above) to inform the Hritish (iovernmeiit of the desire of the (iovernmeiit of the United States to take up without delay the i ubjeet of the enforcement of the Kegulations, so as to make them ell'ective before the next sealing sea>i(m. This notice was given to the Mritish Foreign Ollicc on the llJth September, more than three months before the opening of the scaling season. No progress having luMMi made, the 17th November, Secretary (iresham cabled Mr. Hayard that the I'lcsident was anxious that an agreement on this subject siiould sjiecdily be reached. vMi th(! 1th December. t>ecretary Gresham consenteil, at the desire of the lU'itish ("iovcrnment, that the negotiations might be transferred to Washington, but he gave notice to Lord Rosebery that "the rapidly shortening interval before the next season will commence admonishes both Ciovernineiits to expedite the iicgotiationsi." On the 24th January, IS'.M, the Secretary addressed an urgent note to tiie British Aiiibas>iador, complaining that nothing had yet been accomplished, and the lime lost had brought tliem"to the opening of another sealing season without any delinite steps having been taken for the (,'xecutioii of the I'aris Award." Amoiith later, the 22n(l rebriiary, the Secretary cabled Mr. Mayard that, in answer to his re[)eate(l impiiiies, the Hritisli Ambassador informed him he was still without instructions, and he was directed to say " this long delay is (litlicult to understand, and it is the President's desire that you represent the matter impressively to Her Maje-ty's (jovernment. (Jn the ITtli March Secretary (Jresham sent another urgent cablegram to .Mr. Mayard, complaining of still further delay, for which " this (ioveriiment is not responsible," and which was tlireat(>ning to '•become cmbari'assing for both (loverninents." The negotiations were not entered upon until six months after they wen; invited by the United States'; the Mritish Act (the 2.'5rd April. l^Ut) to enforce the Kegulations was not passed until four months .after the sealing season had opened, and the iimil Older in Coimeil (the •27tli Jiuie, 18!)l) on the subject was not issued until six months after the sealiiig tlect bad put to sea in disregard of the Award of the Trilninal. Tiie manner in which th(> liiitish (Jovernment has discharged its police duties under the Award is in marked contrast with its ajipeal for a strict observance of the live years' period of the llegiilations. An eqrtai obligaticni rests upon each (ioveriiment to patrol the waters embraced in the Award area, in order to see that the llegiilations are not violated by the sealing-vcsscls. In 18J)I, the (Jovernment of the United States- furnidied twelve vessels fen* the jiatndiing fleet at great expense, and only one vessel was furnished by the Mritish Government. fii Iht).'), five United States' vessels patrolled the Award area and only two Uritish vessels, one for a short time only in Hehring Sea, and the other took no part whatever in the patrol, as its presence was almost constantly required in Unalaska Harbour to take over the British sealing- vessels seized in llehring Sea. Owing to the repeated complaints of the Government of the United States as to the inadequacy of the British patrol, an additional cruiser Mas ordered into Behring Sea during tlie season of 18J)('>, although it was stated by the British Government that, "so far as they iiave been able to judge, the force employed up 10 l.'ic present time has been sufficient." As it is shown tliat practically no patrol m sorviop Iwul liorn rendered in Hehrini;' Sen liy tlie Uritixli cruisers diirini» llie previoim year, tlie inl'erenec^ I'roin tliis Iiun,'nni,'e would seem to l)e tliiit Her .Mnjestv's (i()r»>rii» ment luiderstood that tlie Atneriean eniisers only were to perl'irtu tlie |i:!tri>l iluty.aiid tlu* Mritisli <■ ser to take over and act u|)o;i tlie validity of seizure ul' hritisli vessels. 'I'lie de, ..ed enl'oteeiiieiit of tlie I'eyiihitioiis lias I'lirtlier developed on tlie part of the Urifisli (iovernineni a straiiire niiseoii -eption of t!ie true spirit and intent of tlie Arbitrators. I'lider Aitiele (1 of the lieiiulatioiis the use of llre-jinns in Heiirinj; Sea was prohihited. and to eiiforee lli;it prohihitioii it was iiL;ived hetweeii the two <:overnnieiits for the year I MM that seaiiiiLf-vesM-ls nii^'lit have their amis and aininiinition placed under seal. Kiit on the I Itli May, ]S!),*i, altlioui;li this (iovern- ipent had every reasmi to believe Ui in the Order in Conncil that the Mritisli (iovern- iiicnt. had i;iven its cinieuirence to the ariaiiv;enieiit. the Uritish Auihassador irave notice that his (lovernineiit would not renew ill.* arraiii^ejiient as to the sciliiiLr of arms for the coniini; season, aed defended its action on the !j;round tli;it tlio possession of arms, Scv , hy a sealinix-vessel was "not forbidden by the Award iN'iyuiations." This tardy action of the Mritisli (Jovernnient in refiisinsf to renew the arrani;enient of is<)|. led to miicli trouble and ineonvenience in conncL'tion with the patnd of Melirin;,' Sea. The Mritisli (iovernmeiit made !,'rievous compl" nt against the severe measures of scireli resorted to by tlie Ameri<'an cruisers, wiiith vjave rise to a leiintliy correspondence. On the 2nd •Inly, ISiMi, Secretary Oliiey submitted a jiropositioii to put an end to the controversy by !in examination of vessels entcM'iii^' Meliriii!; Sea, ;ind an inspection by a Kepresentative of the I'liited States at Mritisli Coliinibiaii port>; of all skins taken in Mehriui,' Scji, to discover whether or not fire-arms were used ; but this jiroposit ion was not accepted. A further attemjit was made by Secretary Oiney to procure some a!;reemcnt for the season of 1S!)7, wlu'ii it was urj^ed that .American vessels fr('(|ueiitini; Mehrinj» Sea were reipiired to lijive their arms sealed, and on returnini,' to their home ports their skins were earerully inspected, while llcr AFajesty's (lovcrninent refuses to enforce the jirovision as to arms, and declines the inspection of skins -measures which this (Jovermnent reijjards as " alisolutely essential lor preventiufj the unlawful destniction of the seals." Nevertheless, another season has been entered upon without any settlement of this vexed ipu'stioii. In this connection, I roenll tin serious delect, pointed out i:i the correspondence, in the Mritisli Act for the (Miforcenient of the lieiiulatioiis. \h) li-r the Mritisli Act passeii to carry out the iiioiIks lirnidi of ISDl, whereby all ixiUini;' of seals was- rohibited in Meliriiii;' Sea, it w;is provided that the presumption of i?uilt would lie aiiist the vessel " having' on board lisliiiiLj or sliootinu; imphMiients or seal skins." A ,,i(ivision of a kindred nature was insi>rte(l in the Mritisli Act for the enl'oiciMiient of the 1 J iissian nifK/».v of IS'.Kl. The Act of Coiii^ress of I Sid to enforce the llei^ulations of the Maris Aw; rd contained a siniilar i)r(>\ ision : but the Mritisli act of is'.ll foi- the same purpose contained no provision whatever as to presumptive iiiiilt respectiuij the possession of tire-arms or skins at forbiddr'ii times or in forbidden waters. And to em|>liasize its purpose in the miitter, when the Mritisli Act to enforce the Kussiau a<,'rcement was re-enacted in ls!>,', the provisions of the Act of ls<)."» as to presiimji'iv:.^ illegality was omitted. This action of the Mritisli (iovernment was made tli(> snojoct of an earnest protest on the part of my jiredecessor, but to no purpose. The practical oil'ect is to make it inijiossible in many cases to convict jiritish sealinii-vcssels, althouiib there may be tlu' stroiiijcst presumptive (>vi(ience of u'uilt, evidence which, under the Act of Congress, would in most cases [irocurc the conviction of ;in American sealing-vessel. 1 sliall only cite one further instance of the failure and refusal of the Mritisli Government to give full efl'ecttothe Maris Hegulatioiis. .\rficle -'» proviiled that the vessels engaged in senlin<; should enter daily in their oflicial log-liooks the nuir.'- "■ and sex of the seals taken and that these entries should h(^ communicated bv each Government to the other at the end of each season. This Megulation was prescribed in order to procure reliable statistics as to the proportion of female seals killed, but it Mas found to be unsatisfactory and imperfect in its practical operation. The catch of American vessels was .subjected to an ollicial inspection at the home ])ort, and it was found that they rejiorted a much greater projiortion of females seals taken than the Dritisli sealers. Although in many instances the Mritisli sealers were close to the Americim sealers, yet the American sealers reported from two to live times as ninny females us males, a result entirely at variance with the Jiritish returns. This state of facts let the Acting Secretary of State, the lOth ^Fay, 18!)r», to request of the Mritish 110 Oovcrmnonf, Uioir consent (o the stationiiii? ol" United States inspectors at Hrifish <.\>lunil)i;in pin-ts for the purpose of vcrilyini^ the hii; entries ol" Uritisli scaliii!^- vossels, with (he oiler ol' ;v reeipnK'al pri\ileu;e in Anu'rican j)orls to Mritish inspectors. No nnsw'T havinij; heen received, on tlie l.'ttli Sept»'nil)er, and ai;ain on the JlSfh Sepieniher, the rcipiest made in the previous May was renewed. On llie 2Jitii of SepleniluT* the Hritish Ainhassa(h)r replied that tlu) recpiesl ior inspectors was not aeceptahle to lli-r Majesty's (lovcrnnionl, " on the ground that (he matter is already provided lor I>y the Award ISciiulations, the sealers iirini; Itouiul themsidves to keep a record ol' sex." The measure was rci;arded hy this (JovernnuMit as so important that im th(> l.")th MeciMnher. l^^'.Xi, Secretar^ Ohicy recalled it to the altciiiion of the Ihitish And)ass:id(ir, in connection witli the sealini; of arms. The answer of the Hritish (ioverniMcnt to *his seeond ai)pIicatio'i was that "the cun\pulsory examination hy cxpci'ls of skins on landimj: al Hritish ports would rctpiire lei^islation in ('.■inada," and liiat the \iew% of tin t'anadian (iovcrnmcnl wonli' have to he ase<'rtained. In answer to the iuipiiry of Secretary Olney on the 2;ird January, lSi»7. as t so Ici ijthy, hut in view of the fact that the Mritisli (ioveiiinuMit. wIkmi pressed for :i remedy to wcll-cstahlisiied defects in the lici^idations or the Acts and llules aijreed upon for their enforcement, Mas appealed to *• the Vrhitral .\ward which the twt> nations havt> solemnly hound tlicUiSelvt^s to ahidc." T liave felt thi> present occasion opj)orti'.ni to make a review of the ci'cnts whiidi h.ave transpired since that Award was rendered, a-id to challeui;c ;i ccniparison of the conduct of Ihi> tw(> (Joveninients with rcirard to the linal action of the rnternational Trilmnal of Arhitration. In no respect has the United S' .tes (iov H'nmenl failed to observe the exact terms of the Award or to ai'ccpt '"ts recoimnemla'.ions in their true spirit and full efl'ect. even though they have entailed heavy expense and vauscd i^rcat dainai::e to li .ij^-estahlished interests of this nation. On 'lie other hanil. I think I have shown th . 'he British Oovernni'iit has from the bcL'innini!: and continuously failed to respect t!ie real intent and spirit of the Trihur.al or the ohliijations imposed hy it. This is shown ')y tho refusal to extcml the Uesj^ulations ti .he Asiatic waters; ny the failiu'c to 'tut in operation the recommenda- tions for a suspension of the killinir of the seals f( r t!ircc, for two, or even for one year; hy tln' neij^lect to put th'^ Kcijulations in forct^ until long after tl;e first sealini; liuil heen eiitcicd on ; by the ali>iost total evasi-ci of the jtatrol duty ; by the opposi- tion to suitable measures for the enforcement of the ])rohilMtion ay:ainst lire-amis; by the omission to enact Iciiislation ncc»'ss)irv to seeur.' conviiition of the "jruiltv ; and bv till! refusal to allow or provid«> fo: an iuspe* tion of skins in (he interest of an lioncst observance of the llcijidaticMjs. The oblis^ations of an intcru.ational Award, which are e(piall\ imposeil on both parties to its terms, cm not properly be ;isi!;;iied or laid aside by one of (In parties only at its pleasure. *arent, as it did after the tirst year's o|)crat ion of (licia and with increasi>d emphasis each succeeding year, that the llcgulat ions were inade- «[uatc for the purpose, it was the plain duty of the tb-itish (iovcrnment to ac(piicsce in the reipiest of that of the Initcd States for a t'onference to (h'ti'rmine what further measures were necessary to secure the iMul bad in view by the Arbitration. A eoui-se so persistently fidlowcd lor the past three years has pr.ictically accoui|)lished the eon\mercial externnnation of the rur-,-.c,!ls and brought to nought the ])aticnt labours and well-meant conclusions of tic Tribunal of Arbitration. I'pon -t therefore rest, in the public conscieiu'c of mankind, the responsi- bility I'lrihi' endiarras^incnt in the relations of the two nations which must n'siill fi'om sneli conduct. One of the evil results is alri-ady indicated in the growing conviction of ou'" pc)|)lc that the refusal of the Hritish (lovenimcnt to carry out t lie ivcoinmendations oi' that 'I'ribuiial will needlessly saerilice an important interest of the United States. This is sliov/n by the iiroposition seriously made in Congress to • Sm No. 38 Ill nI>aiuloti not^otiations and destroy the sop.Is on llic islands, as tlio H|)(!0(ly cntl fo a dan!j:»'roMS controversy, altliou<;li siu-li a measure has not been enterlaiiied liy tliis Department. We liavc J'elt assured that as it lias heeii demonstrated that (lie practici! to pehi!;ie sealinj?, if continued, «vill not only l)riii!^ itself to an end, hut will \vnt therefor , cherishes the hope that, even at this late day, the Uritish (i )v<«rnnient may yet yiel.i to his continued desire, so ol ten expressed, lor a (-'oiiferenee of the interestetl I'owcrs , ami i'l deliveriiii; to Lord Salisbury acopy of this instruction, you will state to him that the I'residt.ut will hail with threat sjitisfaetion any indication on th<^ part of llt.'r Majesty's government of a disposition to ai^rcc u[ion such a t'onforeiicc. Respectfully yours, (Si-ned) JOHN SllEllMAN. No. 1)5. Tlip Mnrquess of Snlisburi/ lo Sir ./. I'auncefote, Sir, hhrriijn O/ficr, Mnii 27, 1W!)7. T IIAVK to recpK'st yon s' (iovernment that the sloop " Wild Swan," ('(mimandcir Napier, annt. I am, itc. (Si£,'ned) SALISBUHT. No. 96. Sir J. Pmtncefoie to the Mnniupss of Salisbniy. — (Rfiftived May 29.) My Lord, Waithinytnu , May \°,, 1807. I IIAVK the honour to acknowleiii.i the recipt of your Lordship's d''spatch oi the 7tb instant on the sidiject of the fur-seid fishery, and to re|)i;!t tliat I read the d'.'spatcli to the United States' Secretary of State this day, and left a copy of it witii him, in iiccordance with his desire. I liave, &e. (Signed) .JULIAN PAUNCEFOTE. No. 07. Sir J. Puuncefote to the Mari/ueifi of Haliitburij. — {Received May 29.) .My Lord, Washinr'on, May 18, 1807. I ILW'ii tlie honour to inform your Lordship that I have t' is (.ay addiessed a ncf to the United States' Government in the s^ense of your Lorti-ship's desjjatch of tiu- eitinjj; the scaling-uj* of arms and the insjiection of skins landed at Victoria Iron IJritisii sealing-vesseis. I have, &c. (Signed) JULIAN PAUNCEFOTE. f\ a^.\ lis No. 98. Sir ./. Punncpfole to thr Mar(jiip-is of IStilinliuri/. — [Rere'ued June '10.) Mv hord, \Yii.ihin(jton, June 5, 18!)7. Wrril reference to my telcsfrains of the I4tli \\n\\ and tlic 8r(l ultimo respectively, reportinir that facilitie-; would i)c sranted to the British scientists on their visit to Hehrinij Sea, I have the honour to report that I am in receipt of u note from the Ignited States' Secretary of State, dated the ^rd instant, informin:; me that a letter Whs, on the 1st instant, addressed hy the Treasury l)ep:irlment to Mr. Joseph Murray, th" Special Airent in ciiarije of the seal islands in Alaska, informin'.; him that Professor Tho'iipson and Mr. Maeoun, reim-sentini; Iler Majesty's (Jovernmtnt, intend to visit the islands dnrinji the cominir summer tu renew the investigations of seal lile commenced hy them last year, and directim; him upon their iirnvai to extend to them every courtesy within iiis power, and to place v.ithin tiieir reach every possihie facility for the prosecution of their work of investij^ation. 1 have hroutjht the above intbrniation to the knowledj;c of the (Jovernor-Gencial of Canada. I have, &c. • (Signed) .lUrJAN P.AUNCEFOTE. No. 1)J). ^'^w- Sir J. Paimcpjole to the Marquess of Salisbury. — {liereivrd .June '21.) My Lord. • IVashlnt/ton, .lune !>, 1897. I II.W'K the honour to n port that, upon receipt of your Lordship's desjmtch of the 1st ultimo, I addressed a note to the liiitcd ."states' ."secretary of State iti the sense of ycnir Lordsliip's instructions as to the seaii:i!;-up of arms and the inspection of skins laiided at Vicloiia from British sealin;:-vesseU engaged in the Behrin;; Sea (copv inclosed). I have now received a reply from Mr. Sherman, dated the Vth instant (copy inclosed), tojxether with the IJulcs and Hcuulatinns prescribed for the tishery season 18!>7, under .Net of t'uniircss of the (ith April. IMM. As \our Lordshij) will ohserve, Mr. Sherman, instead of acceptin;; the proposal of Iler Majesty's (Jovernment, staff's that the " I nited Stales' Goveriunent onsents that" tliese Rules anil Uci;u!ations for the government of United States' vessels employed in lur->eal fishing in 1S>>7 " hall be exterided for the remainder of the preser.t season to British scaling-vcssels," and that he is prepared, with my assent, to uuike the necessary changes therein to adapt them to Britisii vrsscls. In aekuowleduing the receijit of this note, I statu) that I would fo.-ward it to your Lordship !i r the consideration of lli-r ."^lajesty's tH)v(rinnent, hut I thought it right to poiiit out that the Kcgulati'^^ns which govern British vessels in the prosecution of the fur- seal tisiierv can onlv l;e pri'scrihid hy British law, and that any extension or alteration of them wouiil re(piire the sanction of a further order of Ik • .Maj"S(,y in Council. 1 also pressed him to inlorm me whether t!ie proposal ol Her Majesty's (iovernment as to a renewal of Uie arrangement ot 18!(4 respecting the se.ding-up of arms, which rccpiires no further L-gislilioii, is acceptabl-j to his Ciovernment. I luive, &c. (Signed) JULIAN PAUNCEFOTE. Inclosure 1 in No. 'J9. S/V ./. Pttuiuffote to Mr. Sherman. ^\f H'ashinijton, May 18, 1897. I HAD the hoi our of informing you verbally on the .".'rd iiiAtunt, under telegraphic instiut lions liom Her .Mnjesly's Principal Secretary i f State, that Her Majesty's (.iovern- ment are prepared to agree to the renewal of tite arraiiifcrnent made in 1894 for the sealin-.-uii liv a duly authorized oHicer, on the ap|ilicutiun of the maste.", of the arms on , 1S!)7. I ultimo on tlieir from the 2U0V Wf.S, rray, th" I'lofessnr visit the leiuoil by : i'ourti'sy •DseculKm [ieucial of iFOTK. 0, 1897. s (lfS|)utcU the sense II) of skins Sen {co\^\^ ant (copy icry season ill observe, stil^.•s tiiat )ns for the •' ball be 1(1 that he it them to 113 board a vessel proceeding to the fishery in Behring Sea or returning to port durini; the close season, but that the Canadian Government found themselves unable to concur in the suiif^estion that the skins landed from the British sealing fleet should be examined at the port of destination by American experts. The proposals of the United States' Government in reirard to both these points were contained in your predecessor's note to me of the 15th December, 180G. I um now in recei|)t of a despatch fron; the Marquess of Salisbury statint; the grounds on whicii this decision was arrived at. As regards th<' proposed inspection of skins the Canadian Government arc convinced that, even were it possible to esfablish that any punctures which might be found in the seal-skins weic the result of giiu-sliot wounds, and that they could he r.-adily distinguished from those made by spears, it would still bo impossible to prove that the animal from which the pelt was taken had been killed by means of tire-arms. It is a matter, it is said, of common knowledge that the skins of a large number of seals killed by spears contain shot-wounds, so that no v.eiglit can be attached to any argument derived from these wounds as to the manner whereby the ultimate capture of the seal wiis eiVicted. There is no means of proving; tliat these shot-wounds were nt)t received duriuL; the migration of tin- seals outside ncliiinj; Sea, where the use of fire-aru!- is not prohibited, or that they may not have been inriiefed by tiic crew of a vessel other than the one by which the seal was eventually secured !)y the spear. Moreover, sealers knowing that an examination such as that suggt.-ted awaited them at their destination could rea; ilial till' iniitlci' ihiiy di' irivcMi iinmcdiiitc iitteiitioii, ainl that I lu- ailvised »)l tlu' conclusicM) u'ai'iifd. m) iliut no iiiiiu'Ct'ssary delay shall arisu iu arriviui^ at an under- standing ahkc desirable to both (iovernnicnts, I liavt- &u. (Signed) JOHN SHKRMAN. Inclosuro 3 in No. 99. FoTm Catalogue No. 204 for Report of Catch of Fur-xxals. IncloBure 4 in No. 99. Regulations governing VeKsels employed in Fur-seal Fishing and Sea-otter Hunting during the Season of 1897. si'' t ■* L-r*L J' « • H J! Rules and Regulations prescribed under the Provisions of the Act of Congress, approved April 6, 1891, for the Government of United States' Vessels employed in Fur-seal Fishing during the Setisnu of' 1897. ARTICLE 1. Every vessel enijjloyed in fur-seal iisluni» shall have, in addition to the papers now re(|uired hy law, a special liccnec I'or I'lir-seal li>^hini;'. Art. 2. Hei'ore the issnanee of tlic special licence required hy the tth Article of the Award of the Trihunil of .\rliitratioii, the master of any sailinfj-vessel proposing? to eiipai^e in the fur-seal fishery shall produce satisfactory evi'.enee to the oHieer to whom application is made, tliat the hunters employed hy him are eompeteut to use witli sntlieient skill the weapons by means of whicii this tishini? may be carried on. Art. 3. Kvery sealinu'-vessel provided witli special licence shall show under her rational ensii;n a Has; not less than -t feet square, composed of two pieces, yellow and l)lack, joined from the riijht hand ui)[)er corner of the Hy to the left hand lower corner of the luff, the part above and to the left to b(> black, and the ])art to the right and below to be yellow, i^etweeii the hours of sunset and sunrise all sealing-^ ssels shall exhibit two vertical lights, natural colour, w!i(>n' they can best be seen, not les.s than 10 feet above the deck, and to be visible in clear w eatlier at least 1 mile. Art. t. In order to ]>rotect from unnecessary interference sealing-vessels found within the area of the Award durini; the closed season (that is to .say between 30th April and 1st ,Vnu:ust), but which have not yet \ iolated the law, any sealing-vessel intending to traverse the area of the Award ilurinj; said closed season, on her way to her home or other port, or to or from the sealing grounds, or for any other legitimate purpose, may. on the apjilication of the master, have her sealinu' out lit, including guns and ammunition, secured under seal, and an entry thereof Tiiade on her log-hook. Such sealing-up and (Mitry shali be a protection to tlw vessel against seizure during the closed season by any cruiser, so long as tlie seals so allixetl shall remain imbroken, unless there shall be evidence of violation of th(> Articles of the Award and said Act of Congress of the (ith April, ls91, notwithstandimr. Art. '}. Such sealing-up and entry may be cll'ectcd in port or at sea by any naval, Consular, or Customs ollicer of the United States, and at sea also by the Coumiander of a British cruiser. An officer will be stationeil at the Island of .Vttu for this purpose from the 1st .July to the i'.".th Aui,'ust. The oflicer elVecting the sealing-u'> sliall maki entry the vessi'l's lo'^'-book certifying the fact and slating in detail the auml)er and kind of guns ai\d other .sealing implements, the amount and kind of ammunition, and the number and sex of the seals and seal-skins on board. Art. (). All .sailing-vessels hound to l?ehring Sea for th(> fur-seal fisheries shall, before engai^ini; in fur-st>al fishing within the Award area in .said sea. re|)ort to the officer of the llevenue-cutter Service .stationed at .Vttu l.sland, or to the Deputy Collector of Customs at I'nalaska. 'I'he said olHcers shall respectively secure undei' seal the guns and ammimition on Jjoard all vessels thus reporting, which ha\i' m t .already been so secun il umler the provisions of Article 4 of these Rules and iicguhitions, and shall in eith«'r event make the entry thereof on the log-hook of said ve,s.sel, stating in detail the number and kind 115 of puns and otlicr scviliiiir implements, the amount and kind of ammunition, and the numherand sex of tlie se;ils and si-nl-skiiis dn Ixianl. Sueli seulini,'-ui) siiall all'ord the sanu' protection as is provided under said Article 4. In lieu of said sealinp-up the master of any vessel so reporting!; niav deliver all uinis and ainmnnitiun on board to the Customs or Kevenue otlieers, respectively, in eliartic of said islands, said guns and amnninition to be iield ai the sole risk of said master until called for at the end of the sealini; sea^on. Art. 7. Any sailinu'-vessei of the United States may obtain special licence for fur- 8t?al Hshinn- u[)<)n appiiealion lo tin; Cliief Olllcer of the Customs in any ])ort of the United States or 'o the I'nited Slates' Consular otlieer of any port in Japan, and conij)lyini;' with the rpiiuirements of these Keii:ulatious. Art. S. The u\astcrs of all vessels wliieii have been eni;ai;ed in the fur-seal fisheries, whether within or with'.jat the Award area, whether licensed or unlicensed, shall make entry of their catch at the custom-house at the return ])ort, and at the time of entry shall ille witli the Collector, July verilied by oath, the ollicial loir-book, or a copy thereof, recpiired to be ke|)t by section -f. Act of (5th April, 181)1, and in addition thereto must furnish uniler oath, the information rocjuired by the form, catalojjue 204, which form shall lie duly lilhjd out and tiled on entry. Copies of this form and of the log-book required by .said Act may be obtained from the Collector of Customs. Art. 0. The foregoing Regulations are intended to apj)lv only to the season of 1897. Approved : (Signed) GROVER CLEVELAND. fiiclosure h in No. 99. S'/r ,/. P'linicrtote to Mr. Shernnni. Sir, ll'iishiiiyton, June 9, 1897. I H.W'l'] the lionour to acknowledge the receipt of your note of the 7th instant in reply to mine of the 18tb ultimo, in which I intornied you that Her Majesty's (icvonmunt were prepared to aureo to a renewal for the season 1897 of the arrange- r.uiit nia.ie in i ■".•I reialiiig to the >eaiuig-up of arms, iSce., with a view to the protection from unncecs>ary interfcrv iiee of sealing-vessels proceeding to the tishery in Behring Si::, or reiurninn to port during the close season. You now inform nie that the I'nited States' Ooveinnient consent to extend to Britisii vcs>cU the Kegnlatioiis pnsciiheil hy ihe I'resuient under an Act of C ngress for United States' vessels ilurinu the tishery season 18'.'7 (a copy of which you inclose), and you inquire whether I am aulluui/ed to accept tiie terms of those Kegulations, in which case certain changes would be made in them so as to adapt them to British vessels. I have the honour to state, in reply, that 1 have no authority to agree to the applica- tion of those Regulations to 'iritish sealing-vessels. The latter are governed hy Regulations of a similar character, prescribed under powers deiived from a British Act of Parliament, and any exti-nsion or alteration of them imposing any new restrictions or obligations would require the sanction of u further British Order in Council. The arrangement of 189-J. as to the sealiiig-up of arms being of an entirely voluntary character required no legislation, ami it can be renewed for the present season merely by illstruetiol>.^ to the naval or other othcials eluiiged to carry it out. I shoulil he 'uucli ohiiged if mhi would he good enough to inform me whether the proposal on the suhject conveyed to you in my note of the 18th ultimo is agreeable to your Government. In the meanwhile, I shall not uiil to transmit your note, now under reply, to the Maniuess of Salisbury, for ihe eon.-iueratiun of Her Majesty's Goverumeut. [ have, &c. (Signed) JULIAN PAUNCEFUTE. [babj Q8 iin No. 100. Sir J. Paunri't'otr to llip Mm-quess of Salisbury, — (Received July I.) My Lord, Washiiujlon, June 20, 1897. IN my (lespateli of the Utli instant I transmitted to your Lordship copies of recent corrospontlcnce oxclianned between the United States' Department of State and Her Majesty's l']mi)assy respcctinjy tiie proposal of Her Ma,jesty's (Jovernment to renew for the fur-seal fishery season, 1897, tlie Agreement of 1891' as to the sealin(;-up of arms. In reply to my note of tlie 9tli instant (hn-losure 5 in my despatch of that date) Mr. Sherman addressed me ri note, dated the 18th instant, copy of whicii I inclose herewith. As your Lordslii]) will ohsiTve, Mr. Sherman omits to reply in this note to the inquiry whether the ])roposal for the renewal of the Ajj;rcement of 1891. is ayjreealde to the United States' (lovcrnment, and makes a counter-proposal in the foUowiiin- terms : — " The Unitcil States* Government is willinij to give to Britisli vessels the benetit of Articles 4, 5. and (i of the Peu'ulations controllinj; American scalinji-vessels for the season of 1897, and it will accordingly so instruct its naval officers, .sliuuld your (Jovernment" (Her Alajesly's ( iovornment') '• intimate its desire to this effect, at the same time informing; said officers that the fact of sealing up ( .nins shall afford to British vessels tiie same protection and immunity against seizure . 'er search as is now afforded American vessels." I liavc tin-; day replied to Mr. Siierman, stating tiiat I am not authorized to deal witii this counter-proposal otherwise than by transmitting it to your Lordship. I inclose copy of my note of this day's date. I have, &c. (Signed) JULIAN PAUNCEFOTIC. m. ki fr'* Inclosure 1 in No. 100. Mr. Sbcriiifin to Sir J. Panncefote. E.xcellency, Depurlmeiit of Slate, Washington, June 18, 1897. I HAVE the honour to acknowledge the receipt of your note of the 0th instant in repl\ to mine of tlie Ttli, in wiiicli you state that Jiritish seaiing-vessels are now subject to IJegulationsproscriiied under Acts of Parliament, and that any extensions or alterati(ms imposing any now rotrictions WKuld reijuire a furliier Order in Council to hear any force or validity. You further stale that the Kegulations prescril)ed for .American seaiing- vessels for the season l^s97 go beyond the scope of the .so-called .\rrangemeut of 1894, anil, therefore, in the alijcnce of a new Order in Council, you are not empowered to agree upon sail! Kegulalious. You coiu-lude by stating that the Arrangement of 1891 was of a largely voluntary nature, and you ask whether your proposition to agree to a renewal of such Arrangement is acceptable to my Government. 1 have the honour to reply that I am well informed that the Regidations for 1897 now applicable to American seaiing-vessels contain much that is beyond the scope of the Agreement of 1891, which was merely of a temporary and provisional nature, the same being prepared hastily during the early part of May 1894 after the sealing fleet had put to sea. it is evident, therefore, that to accept the said Regulations of 1897 a new Order in Council will be necessary, but I had no reason to a.ssume that your Government would not he willing to enact a proper Order in Council to bring about this result. The provisions of the Arrangement of lH9l,as 1 have stated, were merely of a temporary or provisional nature. Experience has shown the necessity of further and more stringent Regulation- properly to carry out the true intent and purpose of the Paris Award. I'or example, there were no provisions in the Arrangement of isy4 as to lights on sealing-vc.-seis at night, nor as to the storing of arms, nor as to tlie sworn Returns retpiired of Ameriivin ve.-scls. nor was there anything contained in said Arrangement as to the inspection of seal-skins landeil in ports of the United States or Great Britain. Tlie latter safegnavd— the inspection of skins by pelagic inspectors^the United States regards of the utmost im|)ortaiice. Even with all these precautions, however, American seaiing-vessels undergo rigid search when met at sea by .American cruisers. If, un examination, all fire-arms found on of incliise 117 board are sealed, this fact constitutes evidence tiiat they have not been used since the scaling-up for illegal purposes, and may save the vessel from seizure in those cases where skins are found on board with some evidence uf Imvinfr been shot. It is not unnatural that both (iovernniciits should desire that the inevitablo annoyance cauRcd by tiie searching of v, sols sliould lio rciluced to a inininiuin. ]My predecessor, on the 2iid July, ISlMi, made certain suggestions which would certainly have reduced to a minimum this annoyance, at least as regards vessels clearing dliecl from Victoria for Bcdiring Sea. His su/jgcstions were : I'irst, that all Mritish sealing-vessels before entering Behring Sen should be searched at Unalaska by United States' revenue oliicers, and the fact tiiat tliey liave on board no lirenrnis should be duly certified to; secondly, Ihtit all skiiis landed by said vessels should be examined by expert inspectors at the home port, to discover whether any Iiul been shot. Tiie reply oi your (Jovernnient, eoninmnicated i)y Lord (lOugh, on the lilst September, IS'JO, was substantially to the eileet that unless said preliminary search and certificate shoidil ab.solutely exempt Ihitish vessels from further search by American cruisers, the proposi- tion could not I)e entertained. Your (Jovernment al.so declined to authorize the cxannnation of skins landed in British ports by pelagic inspectors on the ground, among others, as .stated in your note dated tiie 18th May, that such examination was not of pritctical value. Although the British (Jovernment may n( t consider such an inspection ol" value, it is to be regretted that it could not have consented to .such an inspection in vi(!u- of the fact that the United States' (Jovernment, advi,sed by eminent experts, deemed it of great value, and waswilling to make certain arrangements, based in part upon sucli examination, which would, as stated above, reduce to a nnninmm the inevitable annoyance resulting from a search by our cruising vessels. I regret that the views of the right (d' search expressed by my predecessor in his note to you of the 15th iJecendjcr, 18!)(3, are not agreeable to your Government. I feel constrained to state that this Government regards this right as indispensable to a proper execution of the intent and spirit of the Paris Award. The fact that fire-arms are sealed up has not in practice released American sealing-vcssels from most rigid search whenever fallen in with by an American cruiser, nor should any different result follow in the case of a British sealing- vessel. In view of the fact, however, that said sealing-up may be regarded after times as a most important piece of evidence to prove that the vessel has not used, illegally, fire-arms in Bchring Sea, and that .said sealing-up may relieve the patrolling vessels of much extra trouble, this Government is willing to give to British vessels the benefit of Articles t, 5, and G of the Kegulations controlling American sealing-vessels for the season of i8!)7, and it will accordingly so instruct its naval officers, should your Government intiniaic its desire to this effect; at tiie same time informing .said officers that the fact of sealing-up fire- arms shall afl'ord to Jiritish vessels the same protection and immunity against seizure after search as is now afforded American vessels. I would respectfully suggest an answer to this suggestion at your earliest convenience, in order that proper instructions may be speedily prepared to the officers of the patrolling fleet. I have, &c. (Signed) JOHN SHERMAN. Inclosurc 2 in No. 100. Sir J. Pauiicefoli' to Mr. Slfrman. Sir, ]Vn«hinglon, Jane 20, 17. 1 HAVK the lumouf to acknowleilgc the receipt of your note of the IHtli instant, in answer to mine of tiie '.)th, in which I had the honour to iiu|uire whellur the proposal of Her Majesty's tioveriunent to renew for the fur-seal lishery sea.soii, 1897, the .Agreement ol lSJ)i as to the sealin^-up of arms is agreeable to your (jovernment. In reply to that imiiiiry, you state llial \oiir (Jovernment "is willing to give to British vessels the beneHl of Articles t, r>, and (» of the Regulations controlling American sealing-vcssels for the .season of 18!)7." I would beg leave to point out that the above leply hardly answers the inij dry of my Government. The Arraiigcmeiil of 18'.)l was a reciprocal one for the \\\\* 118 i'l ,,:■ mutual benefit uf the aeHling-veHiielh of both nutiuns. Its cliHContinuance, at the desire ol' llu' (aiiadiun sealers, has betii dt-precatofl tver since l)y your Goveninunt, al whose inslaiice, lliertlorc, it i>iav !)•' saiil, it is now [iroposed to rt'innv it. The pri'citic t«Miiis m ihe Arrangement were settled by the then Seer^tary of the Treasury (the Honourable J. Carlisle) and myself, and arc to be loiind recorded in my note t«> the late Mr. Secretary (iresham of the 10th May, 1891. If your Government should be disposed (o lenew tliat Arrangement, a* |>r;»|)08ed by my Go\ernment, for the season 1S*.)7, there will be no ditficuliy in extending its benetits reciprocally to the sealing-vessels of both nations. Uul ymir counter- proposal •' to extend to British vessels the benefit of Articles 4, 5, and (i of the Regulations controlling American sealing-vessels for the season Ib^l " is not one which I am authorized to deal with otherwise than by transmitting it to luy Govern- ment by the earliest opportunity. I have, &c. (Signed) JULIAN PAUJSCEFOTE. No. lOi. Mr. Tomer to the Marquess of Halisbury. — {Received July JO.) My Lord, Manchester, Massachusetts, June 30, 18!)7. WITH reference to Sir Julian Pauncefote's despatches of \\w 9th and 20th instant respectively on the subject of the sealing-up of arms in Behring Sea, I have the hono r to transmit herewith copy of a note whidi 1 have received from the Acting Secretary of State, repeatijig the assertion contained in Mr. Sherman's note of the 18th instant (inclosed in Sir J. Pauncefote's despatch of the 20th instant), that tlie arrangements of 1894 were of a temporary and provisiouai nature, and stating that, on that account, they are considered by him inadequate to pro|)eily carry out the intent and purpose of the Paris Award, lie states, therefore, that tne proposal of Her Majesty's Government for a rem*wal of the said arrangements is not aece])tablo to the United States' Government. Mr. Day (concludes his note by expressing the hope that an early ami favourable decision may be returned by Her Majesty's Government as to th(> otler to <;ive to British sealers the benefit of Articles t, 5, and of the Regulations governing vessels employed in the fur-seal tishing during the season of 1897 (lueiosure No. ."-5 in Sir J. Pauncefote's despatch of the 9th instant), on account of tlie limited time in which to issue instructions Uy cru'ry out tiiose Regulations. I have informed the Department of State, in reply to this note, that 1 have brought its contents to the knowledge of your Lordship, and have reported the substance of it to your Lordship by telegraph this day. I have, Amj. (Signed) REGINALD TOWER. IncloKure in No. 101. 4 Mr. Day to Mr. Tower. Sir, Depart II, ent of iSlate, Hasltiiiijton, June 'lb, lb97. \ I HAVE the honour to acknowledge the receipt of the note of the British Ambassador of the 20th instant, in answer to the Deparluunit's letter of the I8th relative to st-aling Regulations for JJritisii vessels lu Uehriug Sou. Sir J. Pauucelote states that the otfer of the (Jovernment, of the L'uitod Stales to give to Brilisu vessels the benefit of Articles I, !"), and r.)|)08('(l cndiiif^ iti< r c'Duntor- ;l (i of the is not one IV Govern- EFOTE. 30, 18!)7. and 20th 'ing Sea, I cived from •man's note stant), that md stating y- carry out proposal of acceptable favourable to icive to governing re No. .S in ed time in at i liave )orted the X3WER. 8, lb'J7. , Lhu liritisli 1 the i8th .'auucelote lisu vossuIh ill seuliug- uiuul as to lie coming th iiistaut, porary and tlic iulcul ji'opobitiuu wut. Trusting that the deeision of flie British Government as to the offer to give to Britisli sealers the benelit of Articles l, 5, and of the llegulations of 1807 will receive earlv and favourable consideration, liecause of the limited time in which to issue instructions to carry oi* . said Regulations. I have, &c. (Signed) WILLIAM R. DAY. No. 102. Mr. Tower to the Marquess of Salittburtf. — {Received July 15.) My Lord, Manchester, Massachusetts. July 5, 181)7. I HAV'K the honour to report that, upon receipt of your Lordship's Oespatch of the 'J7t}: May last, Sir Julian Fauntefole addressed u note to tlie United States' Sc'creiury ot State, dated the 13ch ultiuio, iuforinin^ hiiu ot the names of the twu vessels whici) will be employed in Behring Sea on patrol duties this season on behalf ot Her Majesty's Government. 1 Imvf now received a note from Mr. Sherman in reply, copy of which I inclose, expressiiiir ilie " deep re^;ret of the President at the obvious inadequacy ot the proposed titet," and stating that tlie President hopes that Her Majesty's Governmeat will augment rather tiian red'ice tlie fleet of tliree vessels employed last year. Mr. Sherman asks fur an early reply to his note, intimating that the designation of only two vessulb hy Her Majestv's Cioveriimont miuiit be interpreted by the sealers as evidence of an abandonment of the patrol, which would render it necjssary for hmi to detail a much larger lleet of United States' vessels for the present season. 1 have conveyed the substance of Mr. Slierman's note to your Lordsh'.p by telegraph this dav. i have, &c. (Signed) REGINALD TOWER. Inclosure in No. 102. Mr. Shermaii to Mr. Tower. Sir, Department of State, Washington, July 2, 1897. FURTHKK icterring to Sir J. Pauneefote's note ot the K^th June last*, in which the information is contained that the sloop " Wild Swan" and the gun-boat '" Pheasant" will be employed in U(!hnnsr Sea on patrol duties tliis st asoii, I am constrained to express the diep rci{ri t of the President at the obvious inadeqiiaoy ot the proposed lleet. Five vessels have been designated by tlie President toi this purpose, and in view of the area to be patrolled anil ot the number ol soaling-vessels which have already engaged in and are preparing to tit out tor sealing opf^rat'ons this season, ti.e President ho()es that Her Maji'sty's Government will decide for the present season to add to the tleet of three vessels employed last season rather than to reduce its numbers. The Presideixt believes it to be im|)ossiiile properly to execute the laws enacted to enforce the Paris Award unless a larger fleet be designated by Her Majestv's Government. An early reply to this note will be appreciated, as the President tears that the dcsiitnatian of two vessels oidy by Her Majesty's (ioverninent would be accepted by the sealers as evidence of an abandonment of the patrol which would rendc it necessary for hnn to detail a much larger fleet of United States' vessels for this season. It is unnecessary in this connection to repeat what I have already stated in uiy instruction to Mr. Hay, dated the 10th May, 1807, as to the inade(|uacy of the British patrolling fleet during the past three years in which the Pans Award ha< beea in op'^ration. I have, &o. (Signed) JOHN SEEERMAN. * HM(No.^i)5. II 120 No. loa. Thr Mnriiiii's.i nf Sallshuri/ to Mr. Adtnn. (Tclcijniphic.) Forrinn Offirr, Jnhi 21. 1807, 2W imi. nKIIKINd Si'ii patrol. With rofiTCiico to your «li'S|mt«'li of tlic fitli July, yon slionid inform United States' (lovcrnment tliiit a third vessel, ller Mnjrstv's Hhip " Amphion," will he xent. No. 101. . Mr. Adam to the M(niiiien.s «/" Sallnhurii. — {lierrivrd JuUj 'J 1.) My Lord, Manrhvxtvr, Massnrhii.ietts, Jiihj 10, 1SU7. 'vVITII referenee to Sir .Iidinn I'luwiectote's drspntcli of the .'ith nitimo, reportini; that lacilitiis wt)tdd he i:rntite(l to Profe.ssor 'riioinp-^nii and Mr. Maconn on their visit to Uelnin};" Sea. I have the honour to report that I yotenlay ri-eeivcd a despateh lioni the (lOvernor-lJeneral ol" I'anaila. evpii'ssive of the appreciation hy t'le Dominion (Jovernnunt ot'the aetion taken hy the lli\itiI. Mr. .Uhiiii to Mr. Shmiuni. Sir, Manchester, M(iii.iarhu.irlls, Jnli/ lo, IH'.IT. W i'l'll relerence to yonr note of the 1st .Miiv last to Sir Jnlian I'auneefote, I Inive the honour to int'orm vtin that 1 iiave this day iceeived a despateh from tlu' Marl of Aberdeen, cxpressini; the hiuh appreei.ifion hy the (lovernaient of ('anada of the prompt aetion taken hy that of ihe United States to atlord lacilities to Mr. Maeonn in his mission to investigate seal life on the Prihylotf Islands. His Kxeelleney, at the same time, desires me to eonvey to tiie United States' Govern- ment the thanks of that of the Dominion for the eourteons oiler made to transport Mr. Maeoun to the islands in cpiestion on hoard a United States' revenue-vessel. Mr. Maeonn has t'otnid himself nnahle to avail himself ol tiiis otter, as tlie arrangements for his voyauie had already heen eoneludtd liefoi-' its receipt. I have, &e. (Sii-ned) V. I'. I'KKDKlllCK ADAM. No. lo.'. ColoiiinI Office to Forrli/ii Office. — (Hercived Jiihj 'Jfi.) Sir. Doirnliuj Street, Juhj L'O. 1S!)7. I AM directed in Mr. Secietar, Clia;ni)erlaia to acquaint you, for tlie information of I he Marquess of Salishurv. that he has had unilcr his eoiisideration the despatch from Mr. Secretary Sherman to Mr. Ilay respei-tin:; the seal lishery.* .\fter an cNiircssiuii of disappointment and surprise at Her Majesty's Goverinnenl hnvinu; rejectcil tlu- proposals made hy the (iovcnuneiit of the United Siatis, Mr. Sherman proceeds to comment on the delay wliieh ociurrid in the puhlicalion of Professor D'Arey Thompson's Report. lie sa_\s ^paraiiiapii .") : — " It would have been {;ratit'ving to me am! u>elnl to my (Government, in studying tiie important subject nadir consideration, if Professor 'Ihoinpson's Report could have been * Sop \n 'M. 121 MO P.M. "Ml Uriifod In* scut. n, 1S07. , irportiiii^ I (111 their a (Icspntch ' Dominion I', copy of II (Jovt'rii- iti lioiird ii lie to avail ADAM. r., imi. >t(*, I !mve Karl of Ik; prompt lis iniRsiou i' Oovprn- traiisport UK'-vossel. mgoiiicnts fVDAM. , 1S!)7. Illation of ifcli (roin ivoriimeiil Slieiiiiaii )!■ D'Ar<-y stiidyilii; lave liccii iiiadi' pnlilic with tlie piomptiiess >»|ii(li m.irked the iippcaniiiec of that of Dr. .lonhiti. In thiii cMHi' tlure would have liecn mupjc tiiii" (or Itoth < Jovirmiiiiits to have exaiiiiiied the Ki|i(ii(s of IJieM- t«o eiiiiiieiil >cieiilis|.-> liefoie the ope iiiii!.' of another Healiiii,' season. Hnt it seems to have hetter Hniled the pnrposes ii)n-. It is not pleasanl to liave to slate tiiat tin; impartial eharaeter which it lias lieen llie ei.htom to attrihnte to the reportH of iiHturalistH of liij;h standini,' has heen gnally impairi d hy the apparent snlijectinn ot tlii-. Kepoil to the political exi^jencies of the situation. It is liirtlar to he icirielted that the Heport was so oii^(lela\e(l that no iipportiimtv ^^as aliorded this Coviriiment to examine it lieCore thn didiiiite and liiial njectiun of the President's proposals, hased mainly upon its conchisionH, WHH coimniinicatcil to me. This conduct recalls the incident wiiich preceded the iirhitra- tioii at I'aiis, ;oid which camu near rendeiin^,' the aiintration ahorliv*-, wiien a similar Rcpoit ota liritish Commission wiis withiuld nnlil alter the case at each (jovernmcnt was exchanjicd and the lagi' on p. 21, wluT(! it is asserted, " he (tieirly recogni/cs diminution, as i videncid hy plioto-'iaphs, as also hy decrcise ot' haieins," must he read with his stateaiciit that " there is no assurance that photonraphs taken the sanu! dati- on sueccssive years show the suine or relative con- ditions, as the arrival ol the seals, and douhlliss their iriovements on tlie rookeries, are affected hy the state of the weather and the advancement of the season. The statement (|uoted from Dr. Jordan's final re[)Mrt with wliich Her Majesty's Government have not yet iieen furnished, is interesting. It says: — " I'ldin a careful study of all the condilions, in our opiiiiijn the fur-seal herd on the Prihyloli' Islands has decreased to ahout one-liltli of its size in 1x72-74, to somewhat less tiian half lis size in Ih;)ii, and that between the seasons of IH'JSand i^CJfi there has been a decrease of about 10 per cent." On \),'2i of his preliminary report, Dr. Jordan estimates tlie seal-herd in IMSXi as consisting of " 1 13,07 I hrecding females, or a total numlier of altout 44(),()0U of seals of all grades," and he adds, there may have been, in 18'do, l;').',UUO breeding seals, or a total of 476,0lJt)." Dr. Jordan's matured leliections therclon-, on the coiiipar itive state of the herd, have ap|mr( ntly led him to consider that the loss during the period 18'J5-'.)<> was not 7^ per cent, as he thought in November last, but "ahout 10 percent." In the passage relerred to on p. 22, he only carries his comparison hack to Ib8(). when he estimates the herd at "(it)(),0()U breeding temales, 1,5()U,UUU of. all grades," but he has now a|)parently carried his comparison lurther back, and estimates that in 1872-74 the herd was about live times its present size. This would mean that at that period the herd Dunibered 7lK),()0U breeding teniules, and 2,200,000 seals of all grades collectively, and llcr Majesty's (lovernnient will await with interest his explanation of the disappearance ot 100,000 breeding feinaies and 700,000 seals of all grades in tiie period between 1872-74 and 1880, when pelagic sealing had not yet begun. Mr. Chamberlain is not aware that it has ever previously been admitted that there was a decrease in the herd between 1872-74 Sec- No. 90. fC38l 182 m mi,' Mr i nnd 1880, and apimrently Dr. Jordan liimscll \\ns not uwure of il wlion ho wrote his prfhniinury Itrport, as on p. 17 of tlint paper, he stntoH that " nntil 1N7'.', and piTliap|iort o( the cont'Mition that the herd has (iiclincd, and cites the ti^ures ol the catch lor IS'.lt, i.sn;"), and IhiMi, Irom which it woulil appear that the catch per vessel in 181M(, had IliHen oH' nearly one-iialt'as compareil with IsiM. The cileh ol IS!14 was altogether exc ptioiial, as will be seen from the Tahlo printed at p. l!»s of llu> IJcport of the .8ccretiiiy of the Uniti'd ^tatcs'Treasury lor I'*!),), and I'M'cedi'd that ol any jircvions year, as well as that ol' the siiliBe(|uenl years, and the e.Mraonhnar\ vari.itiins in the catch I'rom yi'.ir to year wliieh eharactcrize the imhistrv, render it impossible ti> d<'(hue fioiii the average eateb per vessel in any year am safe coiieinsion as to the state ol' the herd. iMi. Sherman (pu -lions the asstrlion llial tii • fallini:-oir in last season's catch was partly dm- to stormy weatlu'r, and i-ites Cajttain llnopei's staterueiit thai, boarding;' opera- tions were possible durinj,'twinty-roin' days mi 1811(1, as compared with twenty-live in 18!».5, a statemt-nt whieh Her .Majesty's (lovernuu'nt have no reason to doubt, thounh it does not loilow that si.alini; operations in canoes are praelieabli- whenever boai'ding is prai'ti- caiie, still less that the weatiur is favourable for seaiim;, and, .is Fjord Salisbury is aware, Aibmral I'alliser, in his Ueport on tl;e siason, di'seribed the weather as "exceptionally bad." It is uniKCCssary to elaborati- this point further than to add that Her Majestv's (jovernment niii;hl eipially well maintain Irom a compari-^on of the result.>; of I he North- west coast eateh in ISK,") and 18!t(!, that seaN were more numerous in the latter vear. 'I'Ik' mnnbcr of seals is limited, ami il is impossiblr, therelore, that the eateh per \essel shoidd rt main the s.ime while the number ol' ves-eU timaiiMii; in it has almost lionhled. The pieseiu'c of a j;reater number of vessels must necessarily iiitei-fere to some extent with each otlu-r's operations, and moreover the C(mstant patroHinu; of the limited area ol' the tishery by steam-vessels must tend to disturb the seaN r.nd diminish the cateii, whieh in Hehrinj; Sea is made almost entirelv from sleepiiiu; seals, t-ven if the constantly repeated boardin,' to which the Ihitish vessels iiaVf hei-n sui)ii'eted had not constituted a material hiiulranee to the operations of the se.dini; Hce". Thr extent to which IJiitisli sealin;;- vissels have l)een unnecessarily harassed by the United Si.ites' patrol-vessids durin:^ 18',).') and !>!)(> may be judfjed Irom tin- I'.ici that in l^!M, when the Ihitish sealin;,' licet nuaihered only twenty-two vessels, thii'iy-six boirdmii operations wei'c |)erforined, an aveiatfc of one and a-half jier vessel, while in iNil.'i. when a tlei-t of forty Mritish vessels was engaged, the numljci ol' l)oardiner vessel, aiui in liS'.Ki the British licet of lilty-seven vessids was subjected in Mehrinj^ Sea alone to 171 boardiniis by the Inited States' |)atrol, an aveiaiic ol three times per vi'ssel. It is interestiiii; to note that in lf*0.') seventy-six United States' vessels were subjected to oidy l;")t'> boarding' operations. If it is borne in mind that at each boardiii'j; operation by I'nited States' vessels the whole catch is pulled out ot the salt in which it is packed, and each skin carefully examined, and then lcl\ to be rcsalted and repacked by the crew of the sealiiifj- vcssel, some idea may be formed of the extent to whieh the t)perations of the sealing tlect are subjected to active obstruction, in addition to the loss caused throujih the effect of the constant movements of the steam patrol-vessels in scaring; the seals. In addition, most of the vessels were boarded one or more times by Her Majesty's ships. It is necessary here to note that, in his ellorts to prove the apiiroaching commercial extermina- lion of the fur-seal, Mr, Sherman has, unintentionally no doubt, by cpioting without relerence to its context a passage from Lord Salisbury's despatch of the 21st .April, placed upon it a construction which is not borne out by its language. He says: — " A Tab!,and l^ord Salisbury informs us that this result has ' brought many owners of the sealing-vessels to the verge of bankruptcy.' " 123 Whnt I^rd Snlishiiry did nctiinlly say was that " the Hiiinll catch nnd low pricei ohtninrd for tho skinH last yuar l)rought many of tiiu owners of the lii-aling-veHSclit to the vcr|;c of hniikrnptcy." It Ih ))crhii|)s nnncccssnry to dwell fnrthcr on this purt of Mr. Slierniiin's deH|)iitch, ai it has lieeii answered by anticipation iti Lord Saiishury's desp.-kteh of tli<' 7tli May, to which no reply has hecn received, liiit in view of the fact that Mr. Sliennaii H|)eak8 tiironuhoiit as if pelagic sealing were tiie solo cause of the alleged depletion of the herd, it may l)e well to again call attention to the conclusion there drawn from Dr. .lorirc were coiitinuc.l, ui.d exau'seratcd stutcnients as to tlie condition of the licrd wire ciiculatcd, till, when Ilcr Majesty's (Joveruniciit sent their A{;ents to intpiire into the actual faets in I81)t>, it was found tii.'.t, in spite of the lavfjo catch of 180"). the herd actually nunili'"'.'!! uinrc than twice as many cows* as it had been olHcially asserted to eontuin in 1S!)5. The result of these investi^'ations, ''s pointed out in Liiid Sahshuiy's despateh of the 7tli May, has further been to show that pelagic gealini,' is much h'.^s injurious than the practice |)iir;ued hy the United States' lessees of killing on land every male whose skin was worth t.dduy is, as Professor .Ionian estimates, but one-liftli of what it was in 1872-74, that result must be, in i^reat measure, due to the (act that, while the islands were under the control of Hussia that Power was 'satisfied with an average catch of .'33,000 seals, sul)se(|ueutly under the Ignited States' eontr'>l more than three times that number have been taken every year, 1)1'* il tlie catch was perforce reduced because that number of males could no longer be found. Last year while the United States (lovcrmnent were pressint: Her Majesty's Govern- ment to place further restrictions on pelagic sealing I i-y found it possible to kill •'{(),()()() seals on the islands, of which Professor .Ionian says, p 21, 2L',0OO were to the best of his informati.in ■J.yeir olds, thouijh on p. 17 iu* estimated the total number of .'J-year old males on the i-lanils as l.>,0()0 to "JOjOOO. If such exhaustive slaughter is continued it will, in the liii'lit ol' the past history nt" ihe herd, very ijiiiekly brinj^ about that commeieial exter- iiiiiiatiiin whicii has been declared in the United States to be iiiuiiiiieiit every year tor the la^t twi he yrais. F.noiiirh has perhaps been said to justify ^!'ish capital has been invested in ships specially fitted for the i-cal fishery, which .jannot readily he turr."d t(» other uses, and much skill has been acquired by those employed on the vessels whicli is useless for other purposes, and Her Majestv's (jiovernmcnt would rctjuire very complete justitication before they could assent to niensiiics uhieh would render a large proportion of this capital and labour unproritable. Till- United States iiulu.-try is carried on on land, no (apital is required except a small sum annually for the maiutenanee of t!ie few Indian:, on the islands, whose principal .sus- teir.mce is. in fact, seal's flesh, and for bringing tiic skins to market. A partial or total ressation of M.'diiiir is tlierelore a light matter to the United Slates' citizens 'is compared with its resull fo Ih'itish sulijects. 'riir SI alinu: iiuhwtry, moreover, a-' carried on by Hriiish subjects is ul best a highly speciilativj- one. If hy good fortune seals ure met with in ahundinee and the weather is suifahle ;i may |iii.>e hii.lilv ri'iiumerative, provided prices are good. Hut when the weather is h.ul, and seals are timid and jiriios as last year arc low, heavy losses are incurred. To add to these rit he called. Mr. Sherman begins hy reeallinu' the fact that when the draft Regulations were submitted to the Tribunal they provided that the Uegulat!o,.s .should apply to all the waters ol the Pacific Ocean tf) the north oi the thirty-fifth dciirec of north uititiide and that the late Lord llanii'.in ohjtetcd to tiiis provision, and moved an amendment limifiru' the area to that jnut of the ocean and sea cast of t' iHOth meridian, and he cites pait ol tlie Words used hy the I'resiilent of the T/ihunal in acquiescing in the amend- nitiit, but omits the eoneluding portion which was "Nevertheless, as far as he was con- cerned he (lid not dcriire to do anything whicii might bo prejunieia! to tlie position of Great Britain or oi the United States, in the negotiation which the Governments of these two countries might engage ultimately with Hussia and .lapan." Mr. Sherman also omits ' Till- iiiimliiT of cutt!", acct/nliui: in tin' iiffic ni iflinntp of 1 8?^ j, was 70,42.1 •, tlip count in lfi96 Khowc-l H.'^.O'i COW" 125 to tnention that tlic amendment was unanimously agicod to. Lord Ilanncn's views on tiiis point, tiierclorc, were equally shared by liis United States' cu11cul;iius on the Board. Mr. Sherman continues, "When, in accordariec with Article VII of the Treaty of 181)2, the Russian and Japanese Governments were approached with a view to securing theii' adhesion to tiie Kegulations, they both replied they could only do so on their extciision to the Asiatic waters," and when Secretary Grcsluuu verbally iu October, 1893, broui^lit this view of the subject to the attention of the British Ambassador, he recoijnized the force* of tho position, and said the situation seemed to sui^^^est the propriety of a Treaty between the four Powers " for the preservation, for their common benelit of the fur seals between the two continents, and north of the H.'itli degree of north latitude." As a matter of fact the identic note to the Maritim j Powers invilintj their adhesion to the l*.Cj;i;I,ilioiis was not disiiatched till the 2Uth Auf;ust, 18'J4. In a (despatch of the lifjfh October, )h93, however. Sir .], Pauncefote records a eon- versafiiin with Mr. Ore^-ham, in whicii he reports: — " He (.Mr, Orcshaiii) took the opportunity of iiiuiilioninjj that the Russian and Japanese Governiiiints woiihl probably, as a condition of their adhesion to the I{cy;ulations prescribed by the Award, insist that the southern limit laid down iu Article 2 of the Re:;ulations, namely, the nrjth decree of north latitude should be extended as fur as the Jainuiese coast, so as to protect the Russian and Japanese rookeries. Mr. Greshaiii was of opinion tiiat it would be dinicnit to resist this demand on e(]uitable grounds, it beiu.; bused on reci|)rocity. In reply to his ii\quiry, 1 said that the contention might seem plausible enough, but I did not Know how it would be viewed by Her Majesty's ' iovernment. 1 understand that Mr. Bayard has been instructed to cimiILt with your Lordsliip ibereou." There is thus a discrepancy between Mr. Gresbam's report, as cpuiled by Mr. Shcrnmn of the hmcuaii;e u.^icd at this interview by Sir .1. Paui-eetbte, and Sir J, I'auneefote's own report of the same interview. Uovvever, this may be, nml whatever instructions may have i)eeii .sent to !Mr. Ijayanl as to the n:ti rests of Russia a. :d .Japan, he apjiarently did not consider tliat he was desired to bring the question before Mer Majesty's Government for bis ollieial note of the 20th November made no allusion to the subject, and that note, with tiie exception of a verbal coinnninication on the 2tHh Septend)er, LSlW, expressing the desire of his Govern- ment *'or prompt action in procuring legiidation to give eU'eet to the Award, and in securing (be adhesion of other Powers was the fu. t communication received froui him on the question of the .\ward. No note from Mr. Gresham of the lilkd January, IS(Ji, on the siilijeel of the seal fishery appears to be on record, and the iieie of the 24th January, to vviiicii possibly Mr. Sherman alludes, contains no allusion to the sul)jeet of tlie .lapanese and Russian fisherii-s, nor does any coinmunieatiou ijppear to have been made to lli.r M;ijc-ty'o Govern- ment sed negotiation between the four I'owers, and weie willing to rei.e.v the niodiiK vlvendi 01 the same terms as before, but coidd not consent to its extension. .As the United States insisted on the exten.-als uiade by Mr. Gresham, on the "J.'trd January, IH'.)."', to which he pieviuu.-ly rifened. To tinil note, after communication with the Donnnion (loveiiKUiint, a reply was reluii.^(i on the 17th M.iv, which wns received by the linilid Stales' Government, as Mr. Slierman states in ;in mrlier pi.rt of his dispatch on the :i7th May. Ti;at replv. to whieli Mr. Shcnnan rcJi.rs as " comidaeeiitly "' staling "that the coiiditinn ut ailiiii-. is not ol so 'Ugeiit a character as the i're>''ie!it has been led to believe, and that llieic u.is no " micIi urgent daiiL^er ol total exlii'cUoii of the seals us to call for a departuie !ium the Arbitral Award by [iJ3B| . ^ '-i I2n which the two nntions liavc solemnly bound tJieinselvcs to abidi'," contained u very lull dtntemcnt of the rcnsons for tiic hciicif expressed hy Mcr MajeMy's (tovernmont to which they have not yet had any reply, and Mr. Sherman omits to mention that alternative pro- posals were submitted for tlie prosecution ot a joint intpiiry into the facts, the necessity for which has been fully established by the results of last year's investigations, If that pro- posal of Her Majesty's (Jovcrnment had been promptly accepted, the first trustworthy information ns to the state of the seal herd would have l>ecn nvuil.iblc at the cud of 18U5 instead of at the end of 1896, and would have afl'onK'd, with the inforinuti'in collected in the latter year, some criterion of the j)ro;;ress or decline of tlie henl. The reasons which induced Her Majesty's Government to jlecline to enter upon a joint nejrotiation with the three Powers interested in supjiressinj? |K'la!;ic scalinj: were fully «et forth in the correspondence, and it is unnecessary here to do mon* than call attention to the fact that since \SW Great Britain has had an arrantfenu'ot with Kussiu in rcjfard to the seal tishery in wiiich tliat Power is interested, and that, as the si-al herds are generally alleged to be (piite distinct and not to intermingle, no advantaj;e would have been Rained l)y a joint negotiation, which could only have beieo based upon incom|)lete know- ledge of the fi.cts. Mr. Sherman proceeds further to reflect upon the action of the late Lord Hanncn and of Her Majesty's Government in rcirard to the second Declaration annexed to the Award of the Tribunal, which urged a suspension ft)r a short period of any killing of seals either on land or sea. Mr. Sherman states that Mr. Gresham instructed Mr. liayard (m the I'Jtli September, IS<>!^, to ask the concurrence of tJreat llritain in the enforcement of this J)eclaration, and that .Mr. Hayard reported on the l-'HIi September tiiat he had made known !iis instr:!Ctions to the Hritisli Government. Mr. liayard must have failed to make his meaning clear, ior Lird Kosel)ery's despatoli of the 13tb September to Sir .1. Paunceiote, reconiing his conversation with Mr. Hayan), spvaks only of .irrangemcnts " for carrying into ert'ect ti:o Award of the Hehring Sea Tribunal of Arbitration," and makes no reference to the second neclaralion annexeil to the .Vward. On the 'JOth of the same month Mr. Hayard communicated a further instruction from his Government on the subject of tiie enforee- nient of tiie .-Vward, but also witlu)ut any reference to f lie Declarations, as is aiso the ease in the formal note addressed by Mr. Hayard to Tjord Rusebery on the 2()tli Novem- ber. The first rctcrence to the subject is contained mi Mr. (jresham's note to Sir J. Pauneefote of the 2Uh .lanuarv, 1SU4, in wliich, after urginc the early eni'orcenjent of the Regulations, he adds "the United States would l)c glad to prohibit entirely for a period ol three years, or for two years, or lor one year, the killing of seals, but unless Her Majesty's Government should be williuL; to agree to that measure it oidy remains for the two (tovcrnmcnts at once to give cflect to the Regulations determined upon by the Tribunal as necessary in cunfurmity wiili the Treaty." In forwariiii;g this note Sir J. I'aunccfote observed that he had rend this statement .. Mr. Grcsham's note with surprise, as it was inconsistent with his lormer language on th. same subject at an inter- view on the llith December, when, as rtjiorted by Sir J. I'auncefotc in » despatch «laled the Kith of that month, .Mr. Gresiiam had stated "as regards the .second Declaration, respecting a further cessation of seal killing at sea and on land, Mr. Gresham stated that he was opposed to closing the industry during the coming season. Such a course would, he thought, raise a groat outcry in this country, and, moreover, it was important to ascertain what had been the ellect of the cessation of seal killing for two consecutive seasons in Hehrintj Sea.'' This languaue. it need sc-areely be observed, disproves Mr. Sherman's belief tl.al the United States' (iovernment had been urging Her Majesty's Government t(» agree to the adoption of the second Declaration from the moment tiiey witc informed of it. .Moreover, it is to be observed that on the 2Uh January, lSti4, when in the manner (]uoted, the suggestion to adopt the Declaration wiis thrown out, it was too Lite, as the sealing-tleet had already started for the spring fishery. Her Majesty's Government did not, however, sm Mr. Sherman 8up|H>ses, fail to respond, for in their reply, dated the 24th February, they sUited with reference to the suggestion that they were willing to agree as a temporary measure to renew the mo*!U lorty-fmir were employed during the spring season, and tliirty-seven in I5chring Sea. In |Si).') the number in the spring season was lilty-two, ainl in liebriiig Sea fifty-niiie, and in lS;i(i the numliers were lort\ -three and sixty-seven respectively. The main duty of the pairul is to prevent infringement of the (lO-mile zone in Hebring Sea, and to prevent sealing during the close time, and even if the masters of the sealing-vessels were bent on evading the law, instead of being, as they are, most anxious to conform to it, Her Majesty's (Jovernmeiit are satisfied that one num-of-war or revenue-cutter is (piite equal to looking after eight small sailing-sehooners. lier Majesty's (iovernmcnt also send three vessels to patrol the western side of the Pacific to see to the cntoi cement of the ariangement with Russia, and though United States' pelagic scalers c(pially engage in the fishery on that side, and United States have a similar arr.ingement in regard to it, Mr. Chamberlain has never laard of any United States' vessel t d for tlie unwarrantable seizure of two Rritish vessels. .Moreover, I ler M.ijestv's (Joveninicnt matle provision lor the c\;imination of sealing-vessel> iiclore clearing for Uebring Sea, and the issue to them of certilicatcs bv the Customs authorities, to the effect that they bad no fire-arms on boartl. Tlu' United Slates' (Jovernmeiit declined to accept these certificates and insisted that Rritish sealing-vessels should undergo a further and, us might be expected, unsuccessful search at the bands of a United States' Customs oflicer. The United States' Covirmnent ••an scarcely have seriouslv expected that Her Miijcsfv's (ioveinmcnl woidd consent to cast such a grave aspersion on the character of their oJlicials. The Award, it must be leineinbered, is carried out, so tin- as Rritish vessels are concerned, under a law of the lniperi;d Parliament, and Her Majesty's (ioverninent have accepted the assistance of Unitcil Stiile-,' «omniiHsioiied ollicers in enforcing that law, but they have not conlcrrcd on tbeni, nor did the Tribunal of Arbitration suggest ll-at they sliould confer un them, the duty of supervising and contrulling the acliuu of tiritiih 12S mi U iiiivnl or nislonis otrnvrs apiioiiitcd to tliat. duty, ami tlioy arc ploastMl totliiiik tliat in spittr of all (lio lioarilin.^ and soarcliitm with wliii'li tlu> llritish S('arni<; llrd lias luiii liarassoil, not a siiifjli' instani'i' lias In-on islaMislu'tl ot" tin* use of liri'-arn»s Ity llrilisli vossrls conlriiry (o (lie Ui-gulatioMS. 'riu- so-i-alli'd serious delivt in flu- Hritish Ael for llu- ent'orronn-nl of the rcnulalions is tlu' ni'M point in Mr. SluMinau's Midictnu'Ut. lie rcliis to the omission of I lie elauoe, eontaineil in the Act passed to earrv out the mixfiis liniuii of l.S'.ll, whieli provided that the presumption of uiuill would lie a>;aiiisl the vessel haviiii; on lio.iid lishini; or sliootiiii;; implements, or seal-skms at torhidilen times or in I'orliiddeii waters, and declares that " till- prai .ieal elleet is to make i(. impossihie in manv j'asi's to «'oiiviii Hritisli sealin^- vessels, although there may lu- the stroiiijcst presumptive cvidemi' of i;uilt, evidence whieli, under the Ait of C"oni;ress, would in most cases proeiirc the convi<'lioii of an Aincriean si-aliim-vessel." It would ha\e lieen ol mneli assistance lo Her M.ijesly's liovi rmiieiit if Mr. Shernmii had mentioned one or twn of these iiiscs, as only ten Mrilisli \i>.sels have liecn seizcil duiiiii; till" three years ilial the Act has luen in Inrci". <)l tlioe. two were sei/.eii in IS*.M, not lor violation of tlie Award, hut haviin; niisealcd arms on lionnl. the aliened arms in one ease lieiiii; a iim>ket with tlu- I'.iirel euf down, iiseil for si;!;iialliiiu, to the vessel's lumts. Theu' w.is ahsnluielv no cTitlenee in either case that the arms had heen used, and tlie Admiral deeideil not to luiii^- vessels so improperly seized to trial. One vesM'l was seized last year hv the I'nited Stales on the pij-Uxl thai then' was a shot hole in one olllie skin>, though the most esiiau^live search failed to reveal any arms ou hoiirtl, and after a tew da\s" di lentitui the riiiled Slates' ollieer in ehari;c of the patrol released her. 'I'lieic remain only seven v»-ssiIn, llienfore, liron^ht to trial in three years, and of these four have lieen eon\ iiicd and heavv lines or forfeit iire intlieted. 'I'lie eases relerr«'d to hy .Mr. Shcnnan are theiv Tori' reduced lo ihrci-. One of these vessel.- was seized cm the ground that the ma- is .diowed, ou enlerim; l>ehiin!r ."^ci the niasler had his aninumition and itrius I'.irefiilly eoiintcd hy the I'luleil Si.iies" ollii-er- at .Villi helorc licuiiiniiiu siiilini;;. \\ lien searched Mihscipiently there ap|)cared to he some discrepancy in the ammiinilion, and one skin had .1 hole in il proenliii;: an appear.mee like that ol a shol-hole. The diserepaiiey in the amimmition was lully ai'eonuted for, lail tiie vessel was sent lor trial, ami of course acipiitted. The third ease of aeipiitt.il was somewhat similar lo the last, except that tlie evulence was even less strom,', and the t'oinm.mdcr ol' the IJrilish patrol licet only sent her for trial lu ean>e his in>liuetioiis u'live him no discretion where a ilistinet otli'iicu 1- eh. need ai;.un>t .1 vessel hy a I niled Slates' ollieer. It is implied that hecanse tlie clause making the pt>sses.>.ion ol M'.iiinj; iiiiplemcnis prinni J'licir cvideiici justilyiiijj; sei/iire appeared m the .Act for the enlorceineiit of tlu" madiis virnuli lu 1M(I it should also have appeared in the Act oi' ISlM for enforeini; the .\ward. r>ut the eireiimstances wire eoiiipletely altered. 1 luler the mniliis intuili IU'hrin_u Sea was closed to sealing;, ll a \essi 1 witii sealiuc iipiipmenl was I'onnd within the well-deiined hmilh of the .sea, lier presence raised 'he presmnplion that she was there fur an unlawful purpose. Tlu- Award, oil the other liatnl. established a close season over the whole area of the North Pacific i-ast oi' lsi>' tVoin the 1st M.iy to the 1st August. When the close se.ison lie-ins the .sealers iiavi to lind their way hack !o port tlirou[;h the closed area lor himdreds of miles with their arms and skins on hoard. Uefiue the season opens in IJehriii!; Sea they have a^aiu lo I'iiul their way tlirou,i;h the clo.scd area with their oipiipmenl on hoard to he ready to lieiiii oper.itivms as soon as the close time ends. If the clause were in the Uritish .\ct . v. ly one ( f the vessels either uoinj; lo or returning from t!ic prosecution of their lawful lisliery could he >( lied ^olely heeause of the pos.session of the iinplemunts and produce of hre calling. It would be evidently unjust to eiit'onr such a pruvisiun. K\cn il the opi ration of' the ilaiise uere ir>trielid to the ide .1 ueoi;i'a| to ohsirve the law in every parliculur. The final instance cited hy .Mr. Sherman of " the I'uilun- and refusal " oi" the Hritisli Ciovernmeiit to i:ivi full efieet to the I'aris llej;ulatioii>," ileals with the (jucbtiou of tlu; vulricii rc4uucd 111 the otiiciul lug-books of tlu; number uud sex of the scuU tukuu. IJu 12!) iir ill N|>it(! 'iissoil, not I colli mry vniiliitioiis III' cIllllHt', vidoti tliat I- sliooliiiL( •laivs that ill si-aliii)?- , t'vitllMUl' tioii of an •. Slu-rnuin liavf ln'iii •«• sci/.i'tl in li'm'il aims I III- Vl'SSll's liail Ikvii I rial. Oiu- n shot liolc >^ on liourti, lol rclcasrd yi-ars, anil scs ri'Iriri'il i/.nl «)H tilt' UT ol' seals •nlor. Tho nu; srals in till" nsf ill" II and anus lij;. \Vlu;ii )n, and one disciTpaiicy d ol' course ipl lliat the I only s*!»t iiu-t olU'iicu u'cansc I lie yinji; sci/.nir lioiiid also l;nucs \\{.rc sialini;. It llif sea, liei t'lie Award, I'acilie east i I lie scalers r miles with , have a>;ain to hi; ready Uiitish Act then- luwiul I produce uf k-hriiii; Sen, s loji;etlicr it i'alin,i;-vessel r fixing, that contrary to [lurt of Her ir. the Hritiuli btioii of tiu! lulicu. lie speaks ol the "daily" entry, tlioiii;h the word does not a|i|ieMr in the Ki'<;nhiti(inH, anil complains that tlie lietnni- riiniishi d liy Ihilisli seidiiii; vessels ;ire nnlnistworlhy, ami that Her Miijesty's (lnvernmenl have reliised to iillow the ealeli ot lhili>h si-idin;;-vessels In In rxaniim'd in Caiiadiiin ports hy I iiiled Stales' Inspecloi.s. Mr. Sherman omits lo mention tlu* contention of Her Majesty's (iiivcinmenl that the results ol' such inspection lor the purpose; nl delerimmnK the sc\ ol' the seal Irinn which the skin has iieell taUiii are at Ihe hesi iif yn-y iliiuhltill vahle, and that allhniii;li in tile ease ol niales three years idil or ovei, or ol lemales which havi' home yoiiie;, il is pos-dile to dclermine Ihe se\ h'om an e\aimnalioii iil' the skin wilii more or less iieeiiraey, il is not possii)le to do so with any approach to certainty m llie case of the skms ol' voinii; males or temaies. Mr. Sherman's i-harj^cv. are smmneil up in (he llnal |iarai;ra|ihs nl' his despatch. 'I'liey have heen answered ahove in detail, and it has lircn shown m r<"^ard to the allcL'eii refusal to cxteiiii liie Ivr/^nlations to the Asiatic waters that l(ei;nlations JM'llcveil at Ihi- lime h\ I ler Majesty's (iovernmenl and the (M)Vi'riinienl ol ISii- uicr nrr w.i^ m Ihe first instance dcpicc.ileil hy tlie I inleil Slates' (iovernmenl, and when it was liriiii;!il lip ilxvas loo late, Ihon^h in any case Her Majesty's (■overnmctil conlil imt hive agreed to sncli a ineasnri', as il wiadd have involved the ruin of an import. ml Kritish iiidiislry. 'I'la alleged nc!;lecl to pnl the Kc'iilaliuns hi luiee until alter .sealiiii; liiil heen rulrrcii npoii I'.a^ heen answered hy shnwiir.; that all Ilie .nlistaniivc Hi ;:;iiliilions wei-e enlorc d hy the d:. •' 'ixed hy the 'rrdiimal. 'I'ln " evasion III the patrol duty " has hern di-.|iiisrd nl hy .Iniwiiif; tli.at I ler Majcsiy's tlovci'iimenl have aetiialK had a lar",et' force en'-;a;;cil in jial rolling the seal lishencs of Ihe I'aeilic than the rmicil .'states, and that the force is more tiiaii .ideipiate lor the pnrpiises. 'The ''opposition to snilahle nieasiires lur the enlorcemcnl ;!rriiss the operations of Hiitish snhjeets pursiiiiit; their lawful vocation. The fact that in spile of thesi cnilmrrassnieiits IJrilish sealers have heen ahle to prosecute their industry with success has led In the eonlinu.d elhirts of the I'nited Stales to ohtaiii such further larii<;raph of the despatclj addressed to you by Mr. Sherman under date of the Uith May Inst, and conununicuti-d by you to nie on the 22nd of that month, a wish is expi-pssnd for a Conference of tiie Powers interested in the fur-seal fishery of the North Pacific. In reply, I have to state that Her Majesty's (Joverninent are willing to agree to a meeting of experts nominated by Great Hritain and Canada and by the United States in October next, when the iurtlier investigations to be made on the islands during the present season will have been completed. The object of the meeting would be to arrive, if possible, at correct conclusions respecting the numbers, conditions, and habits of the sei^ls frequenting the PrihylofI' Islands at the present time as compasod with the several seasons previous and subsequent to the Paris Award. it seems to Her Majesty's Government that NVashington would be the most suitable place for giieii a nieetini;. The other |)ortions of Mr. Sherman's despatch, in so far as they require any reply •roni Her Majesty's (lovernment, lave been answered by anticipation in despatches which I addre.>>se(l to Her Majesty's Ambassador at Washiu'^ton on the 'J2nd April and 7th May last, and whieii have been communicatcl to the Government of the United States, I have, &c. (Signed) SALISBURY. miv No. 107. The Marquess of iSalisbury to Mr. Adam, (Telegraphic.) Foreiyn Office, July 30, 1897. MU. TOWKR'S despatch of the 30tli June and previous correspondence. Ilcr Majesty's Government regret that the, are unable to accept the proposal made by the United States' Government that their IB',)? Regulations should be adapted to the scaling-vessels of (ireat Britain. Her IVIaJesty's Government consider, with regard to the sealing-up of arms, that the certificate of a British Customs ofhcer, which is carried by the nuijority of British scaling- vessels, stating that they have no tirc-arms on board, already provides a suliicient guarantee. You should, however, inform the United States' Government that instructions have been given that theofticera of Her Majesty's patroliing-vessels shoidd seal up the arms and ammunition ot any British vessel which applies to them, and make an entry to that effect in the vessel's lo(j. i, 1897. under date itl), a wish the North UNITKD STATES. No. 1 (189S). DESPATCH l{ ii M a{»rce to a j States ia ^hc present if possible, requcntin^ cvious and )st suitable ; any reply despntciies I April and lie United FllOM PROFESSOR D'AKCY TFIOMPSON roKwvuuixa a. sBURY, RKPORT ON irrs MISSION TO BEHUIiNG SEA 10, 1S07. posal made iptcd tu the as, that the ish sealini?- i suilicient ictions have le arms and I that effect IN 1897. hi coiiliniinlion of" Unih-d States No. 3 (1H!»7)."] Prrsniln/ lo l„,th //«)-(,>•,■>■ o/" I'lirHuiitnit In/ (',itiih,!li i-, from VYIti: iM. SI'OITISWOODE. E*.T Uahdinb Strmt. Flbkt Sfhiki. H.( ,, axd .12, AniNuDON Strkit, \Vkstui.\>ti:ii, S.W. ; iik JOHN MKNZIES A Co.. 12, IIandvkii Strrkt. Kdinhvriiii, asu '.•0, WtiiT Nii.r Strret, liiAxiiiiw; or liOhGP.S, FKiGIH, A.NU to., l,i»iiTiii. 104, CHAfiox •"'trut, Duriin. [U.— 870-'.] I'rice 2^iL Ik- I h'Npah'li fntiii I'roli'ssor i>',\ir\ riioiii|isiMi, Idrwiirdiiir n iit^port oil Ills MisHloil In Iti'lililli; Sra m lsi)7. Piali'.sMii Tll'inkji lilt III ihi Mil ijiir.\ III Siilisliivii . \ltiitii'il (tridhi'i •(. ) Mr Lrtlrl. Or/../»r U. IR07. I HA\'l''i Ml)' iiniiiiMi ti> Hiliiiiii ti> Mi;:> Li'iil<'u|< Ik'I'mmIIi n Ucporf of niv IMMjiri'tioll, lllrtflr lllirill'; tllr pll I (IIIIUIiM, I'I llir ,r.>| III i|,l IH'M I'll (III- l'l''l(vl»»(r !m1(IM(U. \t) iK'i'Ollhl ol WW (tlKi't'Viiti ,\>,'.i«liiiil . Mi MrMiiiilcr Umlu"'!. \)r .lonlnn. Hir» NiM'rif'Mn rMiiimiHtitiiirr, hiii| .rinril ihrir iliiriii-r lli<- fnrvimi i \mc|<, Mm! hml iiifi/ndf t|<'|iiiilnl I'm till' I JmiiiI III '-I I'.iiil. I l.'ii SI Cr ' Im SI I'liiil |M|nn«l on lllf .(♦li Aiinntif ; oil ill' I'llli \ii"ii.( I I'liiliinliril mi ln.nil Iji r ,Mfii<'sty'M «liii» " Am|ihlon," lllul llfln rllliill!'; Im' tll llliy. Illlll •; Ilir rllllll" lli'Cl fo tlv HOIIlh wi'Htwiifd «»f Mil- I l.illil .. |ili!I Illlll IIh'Iii'i Id li i|l|illill II . \S Im'I r I illlivnl Oil thtl •M\\\\ \m!-,iihI. |)| .liiiihlii liMil li'li SI r.iiil III! '':iii I'lMiirii'D mi Mir I illl Ail^ll I. Ml' ,1 \\ . Mnrmni. III.' \'>mii i,| ||ir DuniiniDii Cuvi'I'iiiiimiI, iiiiil IVfr. (!. A. ('liirii, Si iTi'tiii \ h> III' \',ri 1' I'llli < ■|iiii>iir.'iiDii. Ii,ii| 111 i'ivimI .'il SI riiiii I'liiiid in tlic lirKihnin^ 111' .liiii"' . ill' V .'i-i"'''l' 'I Mil' rjiDii'. viwU III' KilliiiL; I'll Mil' I'lliiiiil, Illlll |ii'iriMiiio(l iiiohI III llir I'oiinl iliil Mire liiMilr ii|imi Ilir I'mikcl'ir-. Ml. !'' A. Iilirilw ncrolllpiinic'l |)i .liinliin Id ilif i-^liiiiiU. iipil Illl aliiMi I iljil 'I'liri'i' i I'lniiiiiril ln'liiiid iipoii Ilii' iHliiiidM ii iiiiil\ 111 lUi' viiniii.'t'i' iis^iwiiiiiK iiIIiicIu'iJ Id Mh' Aiiniinin ( 'DiniiiiMMloii. Atnon^f oiln»r iiiiilh'i's iiili'ir^li'd ID llicMii \ui'< Ml)' ri'|ii'liti)iii iiml )•^l('ll>■illll ol' i'\|)i'i'iiiM>tit.H in hrnndin); .-.iii'li as tii'ii' |ii'i Illl iiii'ii ImsI Mill, Mini iilsD Mil' nri'limi il ii sltiin;; li'iii')' iiroiiii)! fh(* Ini'XO inh'l ol •(inllo» wnlii l.noMii n « ll.i' Ln^oini, wiMiin wiiii'li il, ii |iro|iim«'d fo rotilini', iM'vl V)'i»i'. )liii'ii>'-! Mil- ii|ii II I'li'^.Dii 111' III!' |ii'lii'jir liijii'i'), IIdimi' iiiiilr moiiIi Wmt iiffi rcjri'li'il ill Ml)' ili'i\r'< liDni Mm' nrivlilimiini;.!; iddKi'Mi's No '^rnK hiid liccii hrnndfld dliiiti", MiiM miriMi ii|) III Mi>' iliili- dI' mv ili'|iiii liiii'. \ '^tiilV )•!" Ann'ricnii i ii'/iint'i'. .|ii'iil Mh' wIioIi' .iiiiinii'r ii|iDn Mn iMJiiiidH, innkin^ li oniijilrlt' t'i|i"yr.'i|ilii''.il 'Hii'vcy uilii ("i|n'ii.il ii'liri'iirc Id Mir onMini'H «>♦' thn ii«ol(('ri«'H. liDiii l>r. .Imi'iiii :iii;l !ii. »\ Illlll' liiir. rimn ('iilmi'l Miiiriiy, who now «>C«'itpi«'H t!h« iiosilioii ol lliiiltil Sliil' .' 'I'lTiisiii'v Afii'iil on Mn' iNlinnl, Iidiii Md' oMiit (government ulliriiil'-. rcsidciil tin Mm' i'-l:inil>. :inil IVoin .Mr. Slmilry I'id.mi and Mr' other r<'|iresenla- tivi.'H )it tilt! NoiMi Anieiican I'oiiinn'ii'iiil ('oiii|miiis. I ii'i'i'iv<'d, tlilH yenr ah hint, 'he Irii'iDlliei'l wrh'DUi"' iiiy Coloiit-I Murray, Mr. Ijiicuh, and me. Although the date so nearly uorreMpondcd, it waH phiiii to nie that the hcHt time for a count liad paiit. N'o less tliun forty. (Iiiee liirj^i; old IiuIIh wen- sleeping on the beach bejrond the wegtern o.vtremrty of tho rookery, and severni others were swimming in thewaMr iM to say how far the eonditions are eom)mra1)1e. or whether, as I am temptnl In think, the alteration in eom|iositi.)n and aspeet of '.I'e rookery took jtlaee •.oniewhat 'hanKe in the extent of the rookery — it reaehotl the sanu- linuls as hist year ; it was somewhat thin last u*ar, ami is so still. In the lar;ie ivully near the western end of tln' rookery were .III harems and \'2 idle bulls; still farther tci the west were II laiiiilies, 4 ol the hulls liavin;:; oidy i young eow caeh. I'roeectiing towards llie e.t I, the next, low-lying, gidly eonlained \A harems, and about a dozen imoeeupied hulls. The eiirvint!; bay which follows had Vi'2 harcnid and *,) idle bulls, ami in the subsequent portion were altogether 4-'( haroniH and 14 idle hulls; 41 solitary bulls were sleeping on the heaeh beyond the western end of the rookery. 1 make the whole number i'l!> bidls with harems or single cowh, and SS solitary or idle hidis. The number is almost ideiitieal with last year, when we counted 225 hareinM and 100 idle bulls; it is in excess ol Dr. .Fordan's count made in the week preceding mine, as he found <»jdy I'.Ki hiirem». I saw about 300 bachelors, mostly young, on the hunting groimd near the east«>rn emi of the rookery, about \W more in the middle, and lOO at the western end. All these figures teacii us very little, save that on this rookery there is at least no sign of increase since last year. 'I'Iumc is at the same time no clear evidence ofdiminiN tion, Shiiili/ii .till. I visited Staraya .\til on the sau'e day. A large patch of between oOO and tU)0 bachelors, mostly young, lay upon tlie iiill-side parallel to the breeding rookery ; but there were no more higher up the hill near the jialcbcs of wihl celery, where we saw them last year. On the hcaili in front of the lake were about K) large solitary bulls and .a number of half-grown oiie< ; 10 other iiilc bulls were observed on the margin of the rookery. I counted .'i'> lar^e and .".7 snndl harems, the latter consisting of one or two females only. The whole number gives 148 hulls, !(2 of them with one or more cows. Dr. Jordan in the previous week had coimted ■'>(! Iiarun)s only ; c number for ]s',)\\ was 75, with ~ij idle bulls. It is jilain tiiat here, about the time of n;\ visit, there was a large absorption into the rookery nf bulls that bad been formerly idle, ami that were now obtaining their shar*- of tiie vin.inuif I'emales as they came in from the sea. The rookery is not an easy nor satisfactory one to observe and count. I notice, fnnn the statistics given mc lust year by the .VuM-rican t'ommissioners, that on Ihe'.Uh .luly, IHOO, Dr. .Ionian counted here Gf^ harems and 4.> idle bulls, whereas Mr. (.'lark. «)n the same day, nnule only 50 harems and 33 idle bnlU. '/.iljUKillil. At Zapadnie (3rd .Viigust) ibc one marked feature of change is the disappearance since last year of the first or norlliemmost of the three patches ol" seals then existing on the beach. This first patch '"ontained last year 'A'J harems : it was represented this year only by a group of 14 solitary bulls In what was this yt-ar the first, and last year the middle patch, were -'J harems ami !• idle bulls; the harems sci-miil to have been large — one bull, who had oidy one cow boide him at the time, having IT pups. Straggling between this hatch ami the next were 'JO bulls with snndl harems and ll> idle ones. In the last, or main patch, were 10 harems below tin* e.'i;i«;;;linij |iroco>-»ioM. I'Ikti' wvw tliroe small |iaiccls ol liai'lii'lois iK'nidivs tlo"ii in till' uilli'v. I.illlf l-'.iisl Ufllllif , lliTc I I'.iiiilv.l I'l Aiiuu-li l»'i liaii'in». prcci«.rly (In' -aiiu' nimilt.'r llial |)r. .It»i(laM 'ia countivl I .I'.Mi i|iliis •_'(■ di-ad ornvs) in llu- lirt'viMiis wi'cl.. 'I'iiis slious ji ilciTia-c tr>)ni last voai', >»lii'n, llnmuli -. A lliii'k I'o^ di'sccndiMl. whicli ii-ndiTtd it imiiussildo toscv" an,vtliin;j; of Ivixl iJiMiknv, and I li'tl St. <;iM)ry;c without ii'\ idtin:;' it, as it hiis more im|i(irlanl to liastin to St. Paui's. Dr. .Ionian lomnl mi Kast HookiMV IL'S liniems ; our count lor lustyear was Wj. rookery •itutistics r. .lordnn , inndc St. I'\ri, r«r,AM). ()i>s('i witions niort! ion^^tlu'iiod and important than mine were made on St. Paul Island l)v Ml. •!. .Miu'oun. on lioliali' of llic Dominion (iovornnn'iil. and liy Mr. Clark. • lie Scrrolarv to tin- .American (.'omniission, liof'orc T)r. .lordan's arrivnl or my o>'ii. Tiic licst time tor takiiifj pl)oto;,'raplis- iiiid lor viowinfj tin- precise outlim-s of tiic rookeries had passed away liefoie I rcaeiicd the island. Mctween liio olli Aiif;iiHt and IC.th Anniist I visited all tlie rookeries on llie island ( except Sen I, ion I'ock), most of tlicni more than once. In no case could I delect any eniaiiicinent of the area formerly 1 cciipied, or any other visihie .si. extend up lo or near lo the photo;;rapliic station on llie hill . lastly, al Pi'lavimi, in more marked dej;ree than in tiie other two cases, the rookery as a whole appeared to i.ir lo have diminislied. The counts ol harems, made hy Me--i>. .Macoim and Clark on liie same ''iiles as last vear, are ^iveii. loyetlier with last year's, in the followinjj Tahle :— - IHIMl. Is'17. Ki l;i\ii' . . . . • • l.lllkillllKlll .. ,. I'oluviiii .. (llill- (I.illlr) .. Noilll-i'.lil I'miit. l/j-t I .Minjoxlel ., .. \\ 1-'. ( Vt.-ticliiil^ /ijiiKlnif .. •• •• ., (I.illlo .. ^Vt'il) Tol.iii (lUttinj „ (rlUTt ( iai'lmii'h . . . . Ai>!i);ii>ii .. .. .• Kelt .S('a-l,iiin lior'u . . • • Col ml iMiirrny. Dr .lolilllll. M iciiiiM am Cli.ik. I'.M" .'I I.I 1 s-J 117 170 lai) ■* i 1 .IS Nil •js.j { Sii , HI 1 1'. 40 . l,.V,i.'i I 1 { i".i:l U7.'> •ij.; uio 46H > •*' 1 7 kMII 17(1 IT'l tm 1 1 J^•» U'.»o i } ll.i IHIO { 108 r iiO-2 1 fidi MM »8 4M 10'^ I.I'VJ l.:il» l.s.-iS rookery. llir Count nf Pufi», Tlio I'liK'iiil iniporlinicc* nl' n ^ounl ot |lll|l^ on tl)o>(' inokiMics. vtlicic iiicli ,\ coiinl. is Ua^ililc. ^^ilx iiiliiiitttMl lii>t vein: il is niori' fli'iir now than rvi'i' tlint lliis cniitil is iii('(>in|iiinililv liclici' lliiin niiv otlxT im a Itn^is ot i'iiin|iiitiilii)ii ami i-uin|iai'isnTi. Tho cttiml 'afi'lhilc the pclu;>'ic flout iH in IW>lii'iiii> Sea : save for ilcatlis hv ohi a;;(> aiitl tlicir ('(iinhats with oiio anothor, tluTc is no reason hIiv tJH-y should ^rontlv varv in nninhor fVoiu any one yoar to the noxl. The nmnhi'i ol hart-nis is a men- matter of |iro|tortion l)i'1woen the succossfiil and the nnhucee-'slul or " idle " hnlN. It i> an aceident of their own enmpetitive warfare ; and >*e knou hy tlie ox|ieiienee of lant year as «ell a^ of this timt a hidl which has in till' early part of (he season uot |io.ssi<.ssinn of a lnr;>«' liarcni nniy afterwards in the ordeal of hattle h<' rohhed of |»nrl of il : and also that as the yonii:; and \iri;in fcnniles eonn* in l.iNuirdsthe he^innim: ot .\ii;;nst from ijie ^ci, man_\ of the formerly idle, and e>jiceially the yoiini'er, hidls iditain harem^ IVoim annin!^ iliem. Our statistics show this uar on Ivetavie 17'' luirenis a;;ains! |S-.' Ia--t \ear; the ilifterenee is well within the limits of error lh l«), and on llie 'J.Mh ■'>:( ; \t\ llie he^inniiis: of Aii!i:u.st some of the old liulls, u> tnied, heyin to rcliniiiiish their (ilaces for a lon^^cr or sliurtor time, and the smnll new Iwrt'ni.s of 3()iiu;{er cows henin to he f'ornM-d . we have no wulUnuirkod jieriml of ei|uililiriuni in which lo make our couids from ycnr to year with confidence in their Htncs^H lor comparison. The count «d citws is sijll h-o trustworthy ;it least, on our pri'St nf data. 'I hei» number lluetnafe.s very largely indeed with the proy:rcss ot the season and under varyins conditions ol' wenllwr. Tlir follow in-j oitservalions made hy I >r. .lord»n'« assist jint:-; show this Ml a strikini; wa\. \ |piLci-c|\ similar reiord for anotliei year wiudd liav ;;reatir value, hut, in the lace of >uci; thicluations as tlii'se, (hero can l>r no comparison with the i8olat«d enunioratiuns of la.st vear. RkcokI) of Arrival of Cows. AntphifheHtre of Kotavie. Datt;. 1 1 Cow*. Diitc. 1 ('<>W>, 1»'»7 1 1 IBIC UK 1.' • • , , i .fui\ 7 • • • • o.iO i:; • • • • 1 • ■ ., s « • -OM.-. 1 1 • • • • •J .» ;i , , • • .j87 Miiin) •1 l.-p • • • • tf ,. II) , , • • fittO ,. \i\ • • • • ;; " II • « • • 703 i: • • • • I • * l-J • • • . • • ,, IS • • • • ti »* I'. , , • • i;a4 ., lit • • • • i .. 14 , , , , .'lOl) ., 'jn • • • • »t •» 1-. , , , , 70,'l I« 31 • • • • 8 ,, If « • , , 678 ?1 OJ • • • • o;' "" 17 • • , , li'.IS 11 ■23 • • • • .*»7 »i IH • • • • .Mill It 24 • • • • ■i."i 1 ti 19 • • • • .•>.i(i n 2fi • • • • .')U ■ » •JO .. • • I2'.l I1 •jc. • • • • Tti ., 'Jl • • . . .'i ■-'■"> n 27 • • »• lO.T •■ .).! • . • • •il(i lis • • • • i;i7 t '* '• 1 • • • • ir,;i .. •J'.i • • • • ll'S 1 ■il • • • • •i'.'t ild • • • « •ji(i •♦ lio • • • • 4J'i Jiiiy 1 • • • • •Jtt; *^ 'Jll • • • • ii;.; L' • •. • • 2yo »' L i • • • • w, »• 3 • • • • .1(V2 »» 28 • • » , 304 ■1 • • • • 114 1* 2'.> • • • « 414 >' ;') • • • • i'.i'.l »l i)n • • • • ;jJ7 li • • •• ol8 )» 31 • • • • 375 II CDIIht, count IS Rkcoro (if Hnrenw, Dull. 11 ni'iiw. lliilr. fliiri'UiN — I'lllr 1 1 IS'.-: • * 1 III .llllv H .: 1.1 .. ■j.i IMIIT • • • • ■ • 3.i •Ki ,Vi .1.. -. « :i;;:'S^ Sii.;;; ^S'\:t-:;-^:;, ii;;;::';;;;:!;;;:::',;;;!';.,^- ' '"-' "-'-'• ^^ *«- «• ^-'^^ )fi;».oi!U III' v\nival i.r rjm.>, l.iiliiinnoii Ifotikprv, ■II H I l>ni,>. D.i., IM'IT J um I-' .. \i ,, N ii 16 \f> M IT U ,, U tl 90 »» 31 »l 'J2 l» 'i!i tl 21 l> 2.-. M 2ti 27 M 2H t» 2!» ,, .'III Jiilv I llllv Is.,; .» .. 11) •t ., II (i .. 12 II .. i;; u< „ i.'i ur, .. u a: .. 13 r,-2 .. 10 71 ., 17 1 0.1 .. IS i.'ii ,. I'.i I7(i ,. 20 207 ., 21 J'll M'.lll '»" ll.'IS .. -'s l.llh.S ,. -Vi 1,1!I7 „ .'.11 l,2-ilil<'. oniicf.oillit of th.. sraitniiiL'i.l' il,. ,. „. . . I ii.i..i ..,ok..T «i'lM...i .,.„ 4„.u I , ,in„. , ml -o ■, .,.i,„„ V. i , . • """"""" •'"• 'oiint f.„ ,Lm .■o.,t;-.„,.,i „„i,. iimi. ,.„.( „ ., M Mi.M, o) n..H,(,i,i lK,n.,„v V,:.. .i,„|,,i ,„„ ;„„| ,,,^ ,„, Lii.stly, H-e know lioiu our woiii boUi of last vnir niul of liiU «»,.i( ,.11 ^... i <• i Tilt" r«>ilii«iiit; ciiiiiK ucic iiiiulf t|iirini( (lie liisi wcrk in .Inly li.y Mr. iVfacitiiii ami ^!l•. VU\H. Live l'ii|.' Dnnl I'lijis. TdIiiI. Krliitic '.IIMMill ,. /;i|..»lnir Kill .. r< I. mill t'i (I . , .\mi:iii'Ii «> loCll .■..lll.l IS(l :,.M:i '.'..'.'.IM 70 .'..■.'.m ■•.'>: 1 ;« :!.tlll .' 1 VI (At) J, •-'OH ", :<■< Ml 7;i'i 1. 1.". 17 iW7 1.1, '■ill It Of) the |:'ii!i Aii>>ii-^t illii 4'iiiini lor ISiMiwii- ni.iili nn llii> IMli Aiii;iisli I i'i'|ioiiliMl (111- ciiuiil til! I\rla\ i>'. :miiI on tlic llilli I rcju'iiicil tlial on /,;i|i,'iiliiii' I'ci'l'. I had im n asoii li. aiitii'ipaU' a ri".ull iiialciiallv tlillViriil rmiii ilir lurmrr (iiic, ami I ^^a^vl•l}• ii'liutaiit ii> 1 niM- (111- lli^(^ll•llall^^• o ' lli«' H)oL'ii.". that tlic <'n(iiil t'iiliiil>, ImiI llu' jiiira- iiioiiiil iiiijioKiMii' ot liic niilli'i' >.<'i im-il li> iii-lii';. ;. rfjicl jimii. ChIoih'I Minrayat (iiico, ami ii>. till' kiiiiiol \\i\\, aiitliori/fi) t'uv «\t>rk, ;imi Mr. Lma^ ami llir yiMin!;iM' iikmiiIicis o( Dr. .lonlaiil '(all' wci',' iM|iiall» kirn! ami 'cany to lu'ilorm il willi inc. .\ivi>r(lin;;Iy, .Mr. Iiii('a>, ^l'l. .Vilani. Mi. WaiTfn, imi I, connU'il liin j)U|irt on K« liivii> ()ii till- i;Wli .\n;,'n-!, ami S|M'iii iiu' wlmlc (lay in (loin::; siNii(l .!•> h\ scarciiin-' onl the nui-.u'roii- slra;;;:;lini;' |iii|i» thai hid innh"" Itouldcrs and in cicx ii.(-. ,it the ii)ck>^. .My total tor ihf wind*' nadxix canic to .',.">;U live |)ii|is, while Ml. l,Ui'a> ( onhted .^,.'>7T. The (liserepancy .iro-c at n\o eiiovded jtoinis - one in the tir>t iM' iw>lei!i poi 'ion ot' (he rookery, wlu'ie I eouiit'.'d -nne '_'<• inore than ^lr. l.neas, and a;>ntn in the iini|ihKhealre. \Nhere, a> a n|is passed ipiickiy !iy us in ii loni; pioreshion. Mr. Lucas eounled l,.'U!^. and i nni\ l,'_M7. Thouuili certainly ncillicr ol' US counted pups liioe, il is ennscnienl lo accept the mean d' liu> I wo results \ i/ , .'•.."i .■>.'>. an e\ci'ss of .'JliL' over lite lormer ('ouid h\ Messrs. Clark and .Maeiinti II i« very pnliahle. and indeed more than prohahle. that this excess over the nutulier tc.diid at tl>e end oi' duly is to he in part altriimted !o addi(ien;i nnide hy new itirllis ill lite inii'i\al; l(>r .»e have il on l>i. .Ionian's iinlhority (Keporl, l."^!)!!, p. •_':5) that * tl:r hiilh ol' pup- e ,!;'Md- iVom enrix in dime nnid tiie middle of Aiiuust, with proiiaiily siMHi'rini; hii'ihs as late as the lir.-i week in Seplemhir. ' Hit sir. li helaleil Inrtli. were noi acttiailx conspieiions duriii;; the pi(i!;ress of our i iMint. .ind i am iiicli'icd to altrihuie i"c urcali r pan id' llie larin* discrepaiicy liistly to the lacl (hat it was eai-ier to lApIore the roi'k<'i . ilian it had liceii a lintniL'hl heforc.ami thai on the day in (piesiion >M' had nol !'. face i;ie ennnierxailinv; diiliciilly from pups uoin^' out inlo (he water to s»im; and -econdlv, lo ilie prcat care ihit our yoiiii'^cr C(i|lr.i'.;iies took m liuntiii;;' mit a'l i'.iddeii siinnulei". amou;i the Kicks. On liie pivxious day Me>sr-.. |,uca> ' :V!cn, and .\(la;ii, had eonntei' '.'OJ dead paps oil llie >nme lookcrv ami to this liuinhei ive udded '■ dnrinu om cmint (.n the |:i|li — that is lo sa\ . .ve touiid idtoi; dier ."i,-)"!."! live am' :;<»."i i' -ad pijis, wheic .Messrs, Macouii and ( l|(ik had coniiU :; ."i.!".! liM> ami TJii dead. On /'.apad: ic |{e(f, and in larm' luimliei-. and iiir c.piinl \\,is cuii-iun'ly piriurhed as they swaii) hack and forwards : hmu; the inrnt ol ilie stiaiulil ami narrow r.iokery, \\\- (vatiiled •_\7l<'. where .Messrs, Aiiiciaiii and Clark iiad found -,!>71. It did not seem ncccssiiry to reeoiinl the Lagoon. Tin' conditions there are t •senlialiy siniiiiir to iliosc on /apadni(> Iteef, ami ditleicnt tioiii those on Ketiivie. there was I'i reason to snppeM; that en eiihei of the lormer Miiall lonkcries the advjinecd pericd of the stmson slimild he the more favouiahle tor a coiiiil. in tlio .same way as we iiiui shown it to Ik- in the cjse e the lari'i'i and Ics- acc-sihie stretch (d'urouml, with its many rocks mid ;.;iillics. al Ket.ivic. Rcplaciii'T. then, in ilie case of Kelavio, the c niiil made hy .Mr. Lucas mid n;e for tliat of .Messrs. C huk and .Macouii. and leavinj^' in tiie other cusos the original count of these irentluuicn, we irav st.ite the ease in tabular form: - iHue. l«il7. I'liciriNi;;!' t/'ilili'ji' Ml. re 111.'. i.iu' rii|i.i 1 T.nil. IiIm' I'llpH. Ilni'l rii|i>. •ImImI. V. 11. Ki'tiivii' .'i.'.MO III!) .■SJll.l - 1 'S |ii'i ('I'll'. I.tiKiiiin J. iml 7H •J.IHI ■-'..rJH 70 2..'»'.m + •! • •' y,;i|iiicliiii- l!i 1 1 ;i,V.'>H nil il.HllJ .•,m7 I 711 :>.! Ill -•Jl--< „ 1'kIik ilia 'lilt- .. -.11') .ii 2,1 '.Hi ::,l l!l .".1 •J ■JIHI - 1 1 '1 ., Anl'^Kiii i;.-.() J •i-ij 72ii III Villi 4- 12-S l.-..:.|:i 1 l.t.tl '(• 1 |Hr iTiil. Tlic iiiciciiM' ill Anliniirii is ;i iiiiiUcr id' no very ^frriil iiii|ii>ilum't', iniisiiiurli m llic |)l;ii'i' is nii'i'fiv M snmll tiiul nitifiriiiliy ilcliiiiilt'il |Mii'liiiii of ii ^rroiil rnokcrv, wliicli rookery :)'< " wlioli' lias (MTlaiiily not. iiii-rcasi-il. 'I'lii- fal! in llu; ras" of >^apa(lni<' \U'i'\' is a very si-rioiis niir, anil it lallii-s with tin- ciiiiiit. nf liariMiiH, wliidi wvit'. i'-,limutiil tills yrar al lit a;;jiin>t 1T'> last year, i'otli lioir anil at I'olaviiia ('lill's we si-i'in t<. have an rNani|ilr of tin- oiillyin'4 IViiin»' or rxti^nsion ol' a rookriy sliowin:;' sii^iis in a lirriuil ot iliiiiiiiiitinii nt' ;:^rralfr loss lliaii llir main rooki-ry ilscll'lir-' yet >ii^tainuil. Wliilr tlir iilmvi; 'I'aldr sIiomm a total or avcra;(i' (liininiitioii of !)• I pt^r I'i'iit., yot it. Iii'liovi's lis to lie very farcl'iil in apjilyiii;r, anil to rr;;i. ••(I as vrry iiiipirlrci iiHJrffl, the i(">ulls of any siii'li sinipli- ini'tlioil of smnniiition ami iivimii!;!'. \Vi' an' ilealin;; witli vi-ry iim'(pial laitors, willi ronki'rics or portions of rookcrirs ■ ''ly iliMcri'iil in rxlriit nml very ilitfcrriil. in till' si<;iis tlii'V manifest of elian<;e. We .-lie (;onlront(Ml liy one not. iin- iiiiportant iliserepaiiey of oliservatioii. We are ieavin;^ out of aeeonnt aitoL;(,''li''i' l'"' ;;ieali'r rookeries, wliicli are llie mainstay of the Kiipply, ami which transceml our power- ot ilireet eommimie.ilion. \tiii lastly, we have here ami hilherto omitted to take into iieeoiml a fiKior that time iiiay show to he of vi-ry ('iinsid riihlc! iniporlanee, to wit, i\ teiuleney on the pait of the «'ow-. In llui'liiate from year to year in their niovenietits, and to Irecpieiit now one and how amitlier rookery. The tew ohscrvatioiiN that have heeii made on this matter were made this year hel'ore my ariiMil on Ihe i'-land-., ami I take my information Iri'iii the iollowin;^ aeeouiil eommiinieated hy .Mr. .1. .Maeoiin : - " 'I'lic female when she Isinils 'j^iWH, if possihle, to that rookery or p.irt of a rookery on whii'h the ^rreate^l nnnilM'r of seals i-, eoii;;rei;ateil, mi that the seals ini;;lil wholly disappear from the .'•mall slra^';;rmL,' riiokeries while thousands remained on the larger, more eoin|ia''t ones. ''There was never any evideni'e in support ol the theory that yoiiii;; seals returned to the rookerie.s upon wliieli tliey were horn, nor even that tho femules n.-turned to thr rookeries upon whieh ihty had heeii impregnated the |iri'vions year, thoiiuli there was ji natural presnmjition in favour of the latter tlieory. OhM-rvations in I^'.IT, however, •^how that this is not. the easi;. .\ few female seals (nine in numher, aeeorilinur to Dr. •Ionian, K'eport, IH'.Mi, p. <12) were hranded on North Ifookery, St. (ieiirf;e Island, in I'^DU. Two of tliesc wiTi.' seen in |St)7, one on I'^asl Kookery, St. (jonrne Island, the other on /japadiiiu Uookery, St. I'aiil. N'one were seen on the rookery iijion whieh they wi'ri; hranded. One ol two hniniled on liiikannoii Uookeiy in l.'^'.lti was -ceii lo land I'len,' in IM)'/ hy Mr. Ciiirke, hut it Wiis lost sij;ht of. Sn that what ilitii w« have ;,'oes to show that fiMiiale -eals not only do not usually return to the reokcries on which tfey were the previous year, hut liial somefimes iit least they |j;o to m;olher island Tliii weather on die I'riliylolf l-laiids duriii;; the summer of |s:i7 Wiis exceptionally line, with a inaikeil ah-eiice of ^ah'^ (luriii;^ .liin ' ami .lu'y, anil ii:iii-e it al least possihle that such conditions mii;lit render more treiiuent or more protractel the animals' excursions to the open sea. riie Dm 'I I'll pi'. The coiinl of il. ad pups was not repeated on all the rookeries this year. For tliose rookeries or jiarls of rookeries on which it was maile, the followin; TiiMe shows the iiumlie!' found hist vcir ami this; — ! itMj C I HIM |N'l7 Ki-lavii- l.iikiiiiiiiin ,. .. .. Artliicucii TDlntiii, wiii'l-Hiit mill Im'ik'Ii /iipiitliiir, )(iillv anil lirui'U uiljiimit T,.|i.l .. I«»9 •jttr, 7H M4 •I I MS 1.I.VI :i,l4« Tlic iiiimt iiii|iortant itoiiit iiidi<'nti-ut Uiorlalilv oli-crvj'il last vt-ar on tlu> saiuly Hats and }jiilti<"i of'l'oiitt'H an«J Anptki'u'w, wlii#*li »|iois rami' last \rir to l»f oallod tlii' ■• 'iliat«- iu'i;;lil«oiirii<)oil of tlio s»n»i wan tliin yv»r sparHclv inlialiiu'tl as coinpiireil with last ynr : tin- «liir.Tciii'<' »>*» plaM i-vimi at the (hitc of n>v vi>it. ami is indicalrtl in liu* |)lt*»rMk positiwlv to til'' sanic '.'frfft, as n«'illi<'r niT iiM-in**" nor the |>hoto-jfr.i;>liH ■;»'i'of v>»Tjr l)ro('iscly tlic iliHinliiilinn ir* tiic iHoi'dini; Ht-aU on tws*' Muittll areas laxt .\-in- i'lir main tiurlrt art* (hii't m ttioso two lofHlitii's a Unx «»i> Hiilfurfil Mtih jirnMi. tflii)i»£ii, OH|K'»'i)tilv on I"oI-|m' iniK'h loss than ' t-^ year; lint ^'in^ ««i the »v|ii»h> a hoavy ittortalrty »)!' iiu|i: was wiijii'ssfil, Nvhifli as hi-t'ori- >»a- jiininly iiKi*' .••v»<«*nt of anil .nitocfiltMii ^> an* efl'e«'ls of polii^ir x'alvinr. .\ \vv\ ini|ioilant ivsiili of tin- Nuniinvr s work !»»•> •■-* tin* ili.scjvery of » eutUM- hitluTto nn>us|H>('to(l, coiWiilmtiiiu in iar;;i* niiMHiiri' to rliiM mvntmWty. During; hist winter I ►?■ Slilrs, a wi'll-lvih»\n Ainfriraii iiMMiiiitholo^vtMl, ri*ii>4onin;r from ilu' \ .'ry h'jili moriahty of the iniii-^ on sandy as cinnpari- I nitli tiiat on ttf ri>'4.y nroas. Kn;ii;*'sird to tlii' Aim-riran ('iininiissioniTs that a <'aiisc of ilie niortalily nuijiii Uc fonnd ill a p^irasitic worm id tlii' ^cnus I'lirimii ui (liiirliiniiiM).\\\\'u'\i pasM-s a pDi'liiui of its lili'-iii -tory in sand, and id' whicii ont- spi-i-ifs is known lo he a (■omin(ni anil fatal par^-ilc of yuiiifi puppy-iious. Tliis ("ruitfnl and inucnioiis vii!r;.|.,(i,,n has Ik-i'Ii foiiinl i"orn'i't. TIk- worm i> rsici'diniily minute, and I do not wonder l!iat neither it nor its attendant «ymi»lonis wiTe diseovered last year liy Mr. i.uea-. and nie, w!ni are luitlier of ns skilhd in the matter of parasitic diseases. This xj-ar Mr. LmM^ ilevoted himself in parlieiilar to a hlndx of the anim il, and has pr«'servi'd material Inr a full investij^ation of its strnetme jind of tlu' tissues alleeti'd. The worm inhahil'^ ihr small intestine, wln-re it lives, not on the food-material eonlained in the ;;nt, hut h> suekin^ Mii'mI from the intestinal walls. Its presence is marked hy small dots iind e.vlruvasutions of hlood in lliu wulls of the intestine, wiiile altendant symptoms are einaeiation k hiHt \ear lor eases id' starvation, and ninny deaths, whose innnediate cause is injury hy erusliin;;, prulmhiy take place when tlie pnp is wrakeiied hy the parasite. I he main point of whifli wc are ihiis made iiwnre is that there <'xists a diHciise of an epidemic eliarai tor, of whieli we can oidy say as \et vii;:nel\ that it at least constitutes a lieavy cheek on tlu- increase of the lurtl. As it is certain that the seal-, prefer the rock_\ t(» tlie Miinly areas, and only overflow on to the latter l^r want of space elsewhere, ii i» reasicialdi' to assume that this cheek operates with rapidly im-reasin;; lorci- in thosi- tiims »hen the iierd is most pro-ipcrnns and dense. And it is in^ire than pmiiahle that, like other epidemics, this one is of a fluctnatm;; eiiaraeter, ami, antler certain condition < «d" tempi'raimi', or of moisture, or ((unhinaiion of circumstances of which we know nothinii, may at times restdt in lo^s still more serious than th.it we li.ive witnessed. The fact that in IM'i' .Mr. .Maconn saw almn! I.imih dead pnjts on the hp;ive.s us tlr.' ri^ht, thouiih in what nii'asnu' we do not know, to deduct to a \ery conxiiierjihle extent from 'he nuniher of pups that die in the latter part of the s.>ason when wc* seek to esiiniate the loss dm to starvation as a result of pclajiie sl.in^hfer of the cows. It w.is shown last year t'lat 7, togfther wiHi Uie sniull iiiiiiiher taken ior I'ood in the autumn of l?l)(>; it shows alsii the total nuniher of siniIh ineluded in eaeh drive, the nuuiliers rejected aH hcing over or under the proper siy.e, the percentage there!)y leU lor slauirhter, and tli« ttveruife weight of the skins obtained : — SiATisrns ol l\illiii;coii St. I'aul Island, 1800 !»7. ISC of ail 4titutes a lie riick.v H'li', ii I- iii llu)sf ilili' llial. oiitlitioii < >vf kiiti" r.l. Tiu- t vfur wf l!.j.r|,,l. Ul)l', lllllUl'M. I'liiiil ^.iii" >iii' ■ .\iiif K'. IH'.'i; viMmI. l.TllI IVi cent. Ii.'.l. I..I-; Sm:il'. Avriuifi' XM'ljIlt 111 iti>. iHi: JllllC \.': lUrt , , it • • r.ij III III) li".'l • • ,, IK /.II llill.K' . . , , . . 11 111 l.'.O '.'1! lili '.1 ■1 „ ■Jil All liii |<. . 1. I.iil,:l 11 . • • 7IIH .Vili ISI 48 ".I 7 ' 7 ,, ■Hi 'l'..U|n>. .Mi.l.ll.' Mill, i:ii-i .i> lt..y 1 ,(I',IM lo;.' •Jl 1 (ili-.i 7M ._ .1(1 N Mill. KmkIi 0» Huy \\ i.aao .111 J .'lUli fill '.1 7li *t S , , .Siirtli cimi I'oiiit , , • • • • l,7|;i U.'i.'i .-.51 liil':; , , M I'lilnt'iiiu , , • • • * Mr, !I7 ll.'> , «18 ••.• 7 ■ J <| t'J , Kn 1. I,iil> .liliiiti , , • • • • 801 nil liliH .los , . II u .. Nortll ru-.l I'liiiil , , ■ • • • 1, '.'!!( •-!(. tir.i ."•s-7 . , «» 1 1-* • • /.ll|HlllllK' .. , , • • • • SSli :i'«l .'iSO IJ .. 78 1 Ili.lill.' Hill, KiiKli->li Ml) • . -•1)7 IMI , il'j ;i.!-| N • 1 1-.. Itril'. /.iiltoi. I.iikiiir.. .;; • • • • •ISH 177 1.171 .■(S".l 7 ti Niirtli-iM»i i'niiit , , • • ■ • i.;ijj .'iiiil ■.',0I,- ;'. r 1 , , ^^ •r.i I'liliitiiiii • • • ■.'71 ir.l li'lS y 1 • .' HV'i •u Kt'i'l, l.iikiiniioii , . • • • • .'rjit ;i.v.> I.IHO ;.'.l M (■4 -.'Ii /.I >.iiliiii- T.xini. Mi.lill<- Hi!' • « • * • • rtji I'.ii M'.lll •.•7 1 h*.; •J7 , , • « • ■ 1 tit) •j.'l .•ii:. 'Jii 1) •.'!• Ni>rtli-ra»' 1'. iin , , • ■ • • ■iON jtm l.lli I..-.I . , ;lo Hilt. I , , •J7I1 ■^H^ 70i I7'il , , III i'lllllVIIIU ,. • . IIIH IIH l.iti r. H 7-!i Au^ •1 Ill 1 r, I. iikiiiiiii.il , , • • • • US ll.V) I.I 10 IS !l s .-, Mi.iiiii' Hill. I'.iP^'iiiit Hay • • • • |0| l.-,;i .I7'l I,". •■.! 7 • 7 *• 7 Hid • • • • :7J ■juo IMli ■JO 7 linliidiiiu nil oiiiiimit liillcil, wlii'tliiT ibp Nkiiiii wen- aoceptcd by tlio C'omjmny jr not. i'lii' njrcti'J -Vk: iiuii)l)orf(i i:il, [VM,] i) Si \ iHi ic^ (>r Kiiliii- <»n ^1 (It ,. „ V. -I Aiii;, .1 i.-.: Jinu* Ill i:..»i «• '.'.^ /ii|i:iiliiii' , . , , .llllv .1 Siniixii All! . • . , •» 7 Miml • * It Ni'i ill Ml! ^iiiiin.i \iil 1" Ivl •1 l!t /.:l|llillllr ,, ■ M l''.>l, Ni'< ill, niiil Miir.i\ .1 \iil Aii(j. • 1 1 I'li'i Sliii.n.i Vlii iiiiil Niilli ,, M Sim i\.' \iil. N.'illi, :i".| 1' 1 1 .. II /'ujllt.ilr.' , . , , T..I., J ^ li 1 > :: :; •• .I'.' • • •• • ■ • • "l_ Ill • • .. • • • • 1 ■.'lili 1 l,>ll 'i:i i I.'.'.t .17:» - 1 l>l 71 I't.' .II-.. • • 1 •• 1 Til -'I .l;lil tiiii • • •-'J 7 11 711 ■ii-ty • • • . 1 •J.-.li il !.(.. ■Jil- 1 • • •Jim ii>i ::i 7! i.'ili .■.r..l ll-l (■•1 :;'i| l.'i I'l l.li.'l) ,l"l IH>7 ■Jl li 7 1 • • 1 < 1 • • '•17 • • • • 1 ; • » t • • • • ■ ■.',:'il:l (•'or r.ii' ••iMU'l I Sir. il7. I'll' I Ml i^lii'iils \ii>M('il, IK (111' illiiiii' 'I'.ililr '-Iri"-, '"•(I.^S:'. >Kii.>i ii'.'.,Mi»-.| .'Vi.'UVi l.ir i1m« |ir ■.•I'diir; •..•ii-ii;i ; llir l-l'ii'il uf Si. I'ihiI xii-Mr^l 1 -,.*i_'tt lis M-,iiii-; '.'l.'-l-. lliiil 1)1' SI. (hmm-;,; • •_'.:;:> .-is ii'^iiti .1 I'.lU'l, I :ist w .M' llii' i'liti'li aummiloil l<> llic I'lill iiimiluT luMiiiiKnl li\ l.n\ ; l!ii-> y.w llu' U>ss •(•-• wric poii\)illO(l III liiKi" as in:iii> mnli's i>rtln> ikiihI i/i .■•■> llic\ i'imiIiI :;i'I, nmli'i IIh' Hii|n'ivisi(in ot' llic liiili'il Stall"-" 'l'r''asm\ Auoiil- mi llu- KlimiU, Well' till- ^•ill.■il i.|iiMi liic i-Iaiiils sirii ily liimii'il In llu* schIs oI a yivi'ii vear, tlii> coiniiarison ot -noli li.jm. s wtmiil l>'a\r lillli' iinii.' In Im' xaiil ; Inil ilic I'lisi- is tint so. lit .1 'it .1 .1 II 1*1 I'.i .1 I II I'll . . t \ ' A ' li iIk' iliniinisliiMl i-att'li lli.il \\\i\\ In' I'oiisiiK'icil in till' li.;lil iilntlior I'viilciici'. ri\i' iliniinuliiiii til' tiii rtilc'i \\v,\\ lir assunir.i us a lair inillralinii ami iik' isiiii< i>l a iliiniiiislioii Iioiil ; or tlu- lali'li ol I**!!."! iMa\ liavc ji.'i'ii inllaloil. fillici' ai llic t'\|iiMisi« ol «liis xouv's, til iVoni a siii|ilus ai-i'iiinnl'Mcd in llu- voa-s lir'nii' ; m, iasl!\. ;l!<' lali'ii nl' la-^l war inni haxi* loiMi a niiiin;il din', ninl ili.it of lliis y..ir inav luiv.' in'i'ii aililii-ialiy ami .iiiiii'i'i ssarilv r.siriiMcil |i\ (ho K-ssoo 'j'lif iir<( sinijiK' li\|iii(lii'sis raniiol lir ailinillcil. Till- ili'i icrtsi' nl' till' I'alcli is, ai'i' 'tiii.i;;' In :'II niir .ili-i'iN.iliiins nt llic innki'rii' ;, ,iiiil all tli.t wl,ili,.li,>^ ..' Ii'il'^ l..ii-..ii>^ .■...! I I il. ...... •■.....I. I.... I ll... 11 Itilirii, I ,Hii\v iio\vImii'«' imi lltf islniiils nl'U'i' (lie Killiii^ m-iiHon liinl ciKlctl, ntiv «*<>iiHi(lfi'iililc niliiiliiM ol' " killillilc Itiirlii'lom : ' lliul al IIm- -iii;!lc ill i\i' w liicli I iillciii|«'il, t'i'oiii ['mhI Kiiokci V, till' sriilH killt'il iiinl the sciils n-'n'clcil were |iit'( isci* ^iii'li iih wrii- liiki'ii i>v it'.ji-cli'il IiimI \nir: iiimI IIiiiI u\\ iiilli'ti^iii', Mr Miicoiiii, lnM im- In* iilsit I'oiilil '-i-c tut Hi^iiis o{ inlillriiil ii'Hirii-liiiii ol' IIm' cinliir iliiws mi SI. I'mil Isliiiid, "liicli il uiis |i;iil i>! iii-, liiisiiii' I.I ill |(i'i*l. 'I'luTc w^)", (III llif rMiiliiiiy, yifilrr iMilll ll\, I lllilll,. < vIiiIjIIiiI llli'. \r,M !li;ni |:|'.| y.t{ ||l inilklll;; ll|l llli' ilUlilll, 11' inii^ 1)1! .'-I'I'II rinlll till' .^irillrr lilllill i ill JVC'. Iii'||l|' l|||ii|| (III- scvcilll ltM)kl-tii'->. N I Ml:l l; III I ) i\i III il l.'o.ik 1 rv, H..-,|,. ,v Sl. .,Im till IK'll.. iw'i; ^ll'lU -.. Ui'Mnl 11 r I III' - WlMf ivisiuii III, till' mil. so. is llli- •r snil' III li> III' thiit. limy III IV (• Tor ipiii - ;l\ 111' >r II <\-\. iii'iii Slut.'-*' iiiiii;iii I. il i-i Iti'i'ii IH I'll M. I'liiil Miiiiil-- I iil.iiiiii'.ii iiiil K. i.i\ i< , r.il''.'i. oi.li 'i .Mi:i .\lil 17 I. .Ill I lii'lirM', ill iiri-iiiilaiii'r Willi i i» liiii iiiic, ill i«'Hs iin'-li' .iitiihI willi llii' (iv/iilnlil • .liiiiilv. \s ri'i^aiil". lii-'l \cai''-< ciilrli, IIhh' run iir ii'i ifii^> M'lii''^ nilrii. ui' liii\f ill! f'viilciir . llii>ii^ii \\f iii'iy I'l'i'.'ill llii' tail llial in la»l. M'ar'-' l!r|iiirl il i\iis >.liili'il lli.il S;. (Imi^ ' u.is ilrawn ii|iii:i " In ili" iiIiiki-,!. ' wliili- on ."^1. I'.illi'- llir lilliiiiii llakrii uil'.'lil lia\r lii'i'll i* ili'iiliT.ililv i"- ri'fili i), ,i . Iu.lliii;^ nil llii; Inavirr tlii'|i a|i.i;iii'iii Ilii- xi-.ir in ilic imItIi iimmh • ralio •'! llli- I'alrli ol I "'.iT lo tliuil nf | .'.m; it i i '! ?i lair |iio)iiii)|iiii.'iti iiii'.i>iiir III, llli! i' liM'ui'ly ill I'NCf"'^ of, Ilir iiiiiiiil liiininiil inn ol lln- t;t'iiria' ini'l, anil llial \\r air llnntMi liiii'k OK nllii'i soiii'T, III iiit'onnal 1. ill In 'ii'li iiniiir ill" inri'iiir ol' llir ai'liial iliniiiiiilioii. J. rii:il llli' KilliiiL: nil llli' isl'iiiiK «.!•. I'liinlii' l>'i| in Imlii u-.wy in :\ i.iir in.innir, ili.'il llir '■Kiii> lakrii urii' ih'Ii a^ il »wi' iiiliinlril llir li'>- .'>"h sI|.iiiIiI l.il,.'. ami Ihat, lluif in no <\iik'iiii' llial in lln- •'••a-^nn ol \s'.t'i limy i oiilil sali-ly m' |iio|ii'il_) liavt; laki'ii inoi''. .1. 'I'lial 111 ■ Miimiii'i l.iki'ii ill III!' \t',ir< iiuniriliilrl\ |iii'' nliiiL' jh'n; «a. liclo.v llii' III :l |i'.'n|i illi.ilia'i' I'laiil.rl llir call'll ol' \r''Ji', \\:\j lari-nii v. nil III .• nl' I -117. n n!' llli' '.'ii'ir TaVn ^ ill III'' atl> iiijil in lii.iw I'loiii ixrii ill ilrlail. Iiiii liii'ii'ly a I an :u in^r. In li.c \r liavi- fill- hi'i'^IiIm yivrn in ciiiiiiL'i'linn «itli i .n l'.;i' lli;il l!ir kins vrii.> wi'i'.:li"il in iiat' lii-v ot' 1 ii, na< 1 alim I'll nil \ i"in 111 il ami III III' (ill 1- III I.I 'II r.ii .. iiiiii ■ hill iii'ii ('nl||| W 1' III; '. ' ' . 1 .lii iiii ' ni; ° r\ninin;ilin tlii'in \'i llllii' ,' inli •II lU'i ^. II ir « ' i;;iil i.r II ,r si >iiis i>i ml i;I nixi" III Si. fi.'iil Mr II. .mil . lor \\ lii'li > tirit '> only. 1 .1 , 1 in rouiu't ll.y M 1. -III. 1 hiii 1 IS ■ x.'i ..Alii and thai tlie HverHp[e wcif;)it of the skins in each Imloh ranf^cd on (lie fir.sl occasion from i\ 11). to 7-H \h., and on the second from 0'05 to 8*a lit. This indicates, in the case of St. (ieoige Isliind. a i'on>»iderahle ntnnher of small skins, donhtless of 2-vear old K&h. The iivcnigcover all lor the two islands is n little nnder 7i Ihs. In the only ease where I nas ahle to (d)taiii similar statistics for the ('oninmndcr Islands, namel,\, at Karabcliiovi' IfnokeiT. the av(Ta;;e of about 800 skins was ahunt 8,'j lhs„ and 1/52 of these skins v.cij-lu'd 10 Ihs. or over, the two largest weighing 18 Ihs. each ; no skins, liowevcr. under 7 ll)s., were recorded liere. Whatevi-r he the causes, it is nhundantly clear Hint the supply of haclielors was this year ;;ieatly lediired as conipared with last year. The year than last was /apadiiie, St. I'anl Island. Iia-.t year a single «lrivc only was made from this rookery, which yielded 784 skins: the rookery, as I meiiiiinied in last year's Report, lay partly fallow. This year three drives were iiiadf, ;ind \iclded !.7l,."Wi to l,i\'J\ skins, hut it took fivcdiiviv (i) olitaiii llieiii as ii^ainst lour last year, anil on the tirsl three occasions thi.s year, the total iiiiiiilicr (///r'/i WH, not i'(|r.al to the nuniher killrd in the corresponding drives last year. DiUMson North-Enst Point, l800-»7. I»ii\r. N iiiilicr l.illi'il, Niim )i.r lvill.iinl)t'r ilriviii. 1 silt;. IH'.tT. IS',17, N... 1 •J.H'J'J l.lll.! •J.iSl.i .. 1 •.'..'.OJ •-Vill i ,H.">.i i.7i:i l.jl!» i.aj-j i!.HIl'.' a,Hii U'.ir llin-e drives yielded 848. Al Zapai'nie (St. (Jeorge), 1,121' skins were got in threedrivi-s last year, 'JH in four i'ri\es tlii.> M .'ir ; and lliniigh i have .said nhove that I think Munewhat mote could have lieeii got nil liiis rimkeiy. yet it is noteworthy that at (he .second killing "ti'." >eals were rejected as t.io young and only 14*1 per cent, of those driven were killed. The Peliujic Fieri. Tlie', Canadian tli <■( cnnsisdd this year of (he fnllowing (hirty v('s>el>. ni.'ai's( hixty.'oir in the season of IHO'i. The result of their fishing is not yet known ; -' J i:t No. VcHwN. 1 T(IM». No. of 1 • Mn>ivr>. (.'Iriiri'd for— 1 Itiniaik'. ' Lirt'iice. 1 Miiry Taylor •• 411 1 R C..|... ll.inin^ Sf.i .. rroiii Vicloriii. \ 3 .1 (Illsl'O . . Moiinniil .. li.l 1 •'» 'J <•. I„. 111,.,,. .1. \V, Audi iMiii . . Via Jiipnii. t IJnlirinii . . ■.)!• 1'. r. CaMiiiluil ti ., 5 Aniiii- K, I'liiiit (ipiicrii . , ilJ A. ni<«ili w. (n,,Miv «. " 7 Aiiioki) ., 7.1 10 (i. II. lit 1 ■ KriMii Vicloriii. H farl.itt« O. ('..X Dirrctor . . "C. N7 II 1". \V. 1). I»«.i« F, W. (iill.iii .. Vii •hipiiii. It) liurroliN .•17 n A. N.l.c... ., ., II K. K. Mnrviti !Mi i.i ('. 1. Iliinio .. Friiin Vifl'iiiii. IJ Triiiiiipli . . '.•8 IV (;. s. c.v ^ ,^ ia I'iutirt r . . iWi IS w. i:. ii.iui Vi;. <*op|n*r jHliiMfl. It Sndir 'Purpcl sn m A. .S tr n •lap.in. 1.'. Vcni • • lilt .j.i \V. T. 11, ,-- •• Hi IVm'li)|H- . . Til !!t'i |l. (i. Mai'aii|i'\ KuMii Virtorifi, 17 llniU ire , . fill ■J 7 W. IhaU. ■ .. ti ■ It IK Diini Sirwinl !t.l .'id II. !••. Siw.nl .. «t ID /illiili Mav Ati .ii S. Iialr in . . •• II i •JO Utio Nil • •-' .1. Mil.r.i It. '-'ox .. ., •-'."i KiiUTpriiu; . « «i) ;i7 .1. \V. Toil,! ,, »i f •i(\ 'ItTCKl . . l)!t UN rj. .M.vii ,^ •->7 Fawn 3i> III M. r.il.v ^, t« liH Soiitli IWihI •-'l Ii ('.!•'. Iiilloii ,, »* :.".• Victori.i )iS II It. llaliMiiii ^, '» M FaviMiritr .. HO Ii 1.. M.I..MII 1* •• IVom Viftoria. li.C.i to Hi'liriiitf Soa iliirol l''riiiii .la|tiiii III lli'liiiii;{ Sea I'loiii Vii'tiiria. I'l.C, lliiiiil Total .. ,. I'.t 10- !• :iil il l.-.l'l ^fl^. Murninis ()lisri'V(illoii.'< un Snils riiinjhl iil Sni, • . n::ni'st On the I Ith aiut l'.illi Augu.^l Mr. Miicoiin, cruising in llur Maji-Hty'.s ithip " Pheasant," nhtAined tVoiii four schooners the hodioH of forty-si.v female nenls. The uteri were removed from tiio carcases and prcscrvtMl for furtlier investi;;fttion. They will be carefully examined, in order to tliscover what pro]>ortioii were vtr<;in, what proportion ])rcgnHnt, what had recently ^iven birth to youn^f, and other matters of the same nature. From .Mr. Macoiin's brief notes, with which he ha» fiirniHhed nic, it appears that milk was present in the mainmnry r iniperceptiblo in an equal nuiiibcr; the uterus .va>' swollen and thickened in :< 1 , and apparently normal, showing no signs of i)regniin.\v in l.'l ; in «me case it was atrophied or diseased. The Htomach is noted as emiity in •_".• cases, and full of li^b and scpiid in i;{ : the colour of the whiskers is noted in I !• discs- in o of these the whiskers were white, that is to say (he sealiH wore fully iidiiit - in all of these crises the uterus was enlarged, but in '-' of those milk was not porceptibli' ; in ."• others, jirobably old seals, tlie whiskers were grey, and again in all of these tiie uterus whs enlarged, though again in 2 cases milk was not observed in the maniinn* ; in I lie rciiuiiiiing I the whiskers were black, a sign of youth, and in :V of these the iilerus is described as noim.il or not enlarged, though in 1 of these milk is said to have been i(re.'l u-ar I liri>u;;lit i-vidfiiiv io sliou tlint tlie condition of Ihi' rookcMii's \\as at I^•a^^ xa^tl.v luitoi \\)n\i wi- luid hccii led to ispccl Ity (lit- Ktatcniiints ol ct'itaiii ri'ivnt oIimtvoih. I >aid (li.i' tli" hn-odin;.' rtioknics iiad uiidouhti'diy diH-ioasrd since 1HJ(2, wiioii tni-twoilliy |)li(»lfi;;iaiilis lic^an to Ix- (akfii. and when Jler Majesty's Coniniissioncrs visited th<' i-lamls : and I rstiniatid i|i. 17) (lie e\iMtiii;f herd to l>e in ail pii)hal)i!it.v ahoiit uni-tliiiil :is itreat as it lad hei ii in the days of its aliundanee in the time of the .\la>l.an Cuniiiiciiial <'i>ni|iai v. Ok ilic othci' liand 1 ninintnincd that. thou;rli «lien iiinltipli>d into a liiiii lralc. J! wa-. tiie main olijeel of our seeon measurahK one, 'I'lio answer is in the aiiirniative. In nn a,!><;re,uate luunt rX pups in the niimlier of over 1-l.<)i)ii on five dilFcrent rookeries, there was fotiinl to he a nuan lU'creasc of a little o\t'r !» per cent, since lS9(i. On the laigesi and nio>l tvpical of these lookeiies. \i/.. ivetavie, the loss is 4S percent.; on tuo other and smaller rookeries, each an outlier of a ,i;rcater one, the losH is from nearly 12 to over 21 jier cent. On the small and isolated rookery of tiie Lnjroon there is an increase oC 11} per cent., and on .Ardij;uen. a very .small and nrtilicial snii-division of the i^reat l\*eel" rookery, tin* count of piijis shows nn increase of 12'H per cent. The <'oiint ot hulls and liorems, itself a much less trustworthy ^uide, points in the same direction ; and on cerlaiu of the more populous rookeries, in purticninr on North-«'ast I'oint ami on Polavina, I am hound to admit that the decrease was patent to the eye, I was not a l>d to lind so manifest u diinimition. Durinff the twelvemonth in (juestion. the loss to the hrcedinji; herd hy the a<'t td man is mcusured hy a calc!i of some 2'.t,ii"iii in Hehrinu Sea (including uhont JJ.OOO taken by American schooiicis) duriiii; the summer and autumn of jStUi, and a catch of Konie (>,000 on the Uritish t'olumhian Coast in the spring: of IS97. If we adndt, for ari^ii- mcnt sake, evi'ii so liiyli i proporlion as SO per ci nt. of these seals to have been female.-, we have to suppose a loss to tiie herd In eapliiie of onlv sonu' 28,UitU fcnniles ; and we may further see the result «)l .Mr, .Maconn's ohservations in the sea (rldfi nupni, p, l.*^) as ground for suppo-inji- that oue-third of these were prohahly young or non-breeding females, leaving a total loss of k'ss tli.iii r.i.Onn adult individuals taken from the breeding iierd. Now if we are to take our count (d' pups as good evidence of a decrease since last year ot !(1 pi'r cent., thai is lo >a\,a (le., in my o|)inioii, out of ]iroporti.in to, and more than can lie explained hy, the destructive operations of tlic year. I can call to mind no other animui whose numerical aliundanee and tluetuation.s are open to observation as are those of the fur-seal. It is the only animal in the world ot whohc actual iiumberK wc have something like a ileiinitc idea. Nevertheless, my experience of a second year renders me inclined to trust less coiiiidently than before to the accuracy of the figures that even here the most indiisfrious observer can obtain. On the larger rookeries a count of the pups is impossible, and on the smaller (uics there is a very brief period during which it can hi' perlormcd ; the dilHctilty of entering the rookericH with freedom has scarcely disappeoreil when tlic growing activity and swimming power of the pups throws new difficulties in the way. Kxperienee shows that the reaullB of different observers are often widely discrepant . Moreover, in ail tlieir circumstances tin- various rookeries are very different one from anotlier. We found last ywir surprising dilfereiiees in the different rookeries in regard to the early mortality of the ])Ups, and again other dificrences in regard to the later niortality ; ami tiiis year wc found very great dillerciiccs indeed in the apparent in clmngc that has taken pince since a yonr ngo. \\'^^ arc forced again an.l again to select approximate figures, and we arc apt afterwards to forget tlieir vagueness and to treat them as precise; ond m our suminory of separate results, extremely different we are constrained to adopt overoges, though we have no knowledge of our right to use so simple an arithmetic. It is safe to say that the hreeding herd iins diminished hy :. per cent, since 1800 • we ma.v, I helicvc, rcosonahly presume that the decrease is somewhat greater than this • l»iit I do not think we need or ought to ascribe to the decrease a preeiser figure Ihil whether wc confine ourselves to a diminution of r> per cent. that. I think has imlubitably taken place, or permit ourselves t.> eensider the possibility or probability of the diniimition having ' een dinner still, it In-hoves us t.> remember that a remedy has already been automat ically applied in tiie reduction of the pelagic (leet to less than one-lialt its numbers of a year ago, The teiuleney is to e(|uilibrium. Tlie total i)elo"ie catch lor this year is not likely to exceed L'O.OOO against :{(J.00() last year: and It m'Lv be liiat witii tt catch so greatly dimiiiishtMl, the point of ecpiilibrium has been attained. (Signed) D'AUCY W. at length THOMPSON. .^ •« u M e :i i V. !S) .: I 9 D 'yi 2« 1" i ? 4 r" 5' !i a > -* * V 'y; 7 > M f-^ ^d Nrf II 9t a II UNITKD STA'ri:s No. 2 (|S98). JOINT STATEMENT Oh' CONCLUSIONS NriiVKi) iiY Tin: MHITISII. (VWADIW. \M) IMTKI) STATIC HKMK.yTllS IIH!»»'h;t"l'INi/('i„„iililwl olilrr M,i),-stij. Jim nil, U lHi»8. 1,(1 N HON: J'l!IMi:i) Inl! IIKIl MA.Ii:sTVS nTA TUtNI'ltl V i » K I' H ' K IIV inillllMiX AMlMiNs SI MIKTIVX I \NI'.', iiiiMiHn i\ iiiinrMiit III i.iii imi-i\ rc— K7<);i I \m\ I.I !..■ |iuf. Iiiimil, liiliiTilifirll.v .if flirnii^li nnf llmil-illcr fr.iii I \lli: AM. srontsWOuliK. Kim Hauiuvu .Sri.Ki.1. li.Ki:r Miikkt, KO • • l:.i iix.v Sfincm, \VK«ruiM!ii:ii, > W.; . To. \i, KiXiMKii Stiii:i;i. Knisiii imii , »\ii iKi, V. '!»r Nun SiiiKiT. on^iiiiiw , ok llOlxlKs, . 1 . i). (. To, Livitu., KM Oi(.ir<)!( Sthkit Dimix Price Irf. .^ .v^^ ■.s^ ^ ^,^' IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I b^|28 |2.5 S IS 1110 J£ 1.25 u 16 4 6" ► ♦^ * ^ Photographic Sciences Corporation # iV \N 33 WIST Vir^NSTRIHT WI0STER, USflO laii()s in Bc'ii.nn^T Sea. nrofcusor Thompsmi to tin- Murqups.-^ of t tlir lur-sca) Wvd ul' tlu- I'rll.yiufr islai.ls ul.idi l.as to-cUiv been coniplctc.l aii:l.sigii.Mlb\ , ill tlio Dclc-atcs. ,...i.Ir' 'r'^^'lii;. ""! '"''■'■'"7^ ^Y ''^- "^'•••'^'' "i'oii s,,..eilR- statomcnts thai a it ZJ r ;'\ '","'-' •"?■•' ''.'' '''^'"'^ "'^''""" •■"'"'"".^ -liminislnno. the herd, that .h n mudon of Ih. hom ,s lar tVoin :. sla.,o iuvoivin,^. or tlur.af..un| the cxtemiimi- vlf, rir"'''''*''' ?'■■" ""^'■'" "'" ""■'""'^ ''^ ^""^"'^ »1^'^»^ ^''^ inlands, and safe- o 'n- f' "'^'l";'* ':<•<'"' r'V '']' r- '*':'"-'<• ^'^"^'"^ ^^'" "^v..- accomplish this linal '...I, iiLltu-iMhnt liic ,Ha:;u. uuli.sirv ,> ooiKliiclcd i„ an orderly mannei- and in a spirit ol acquiescence in tiie liiniladons inquiscd hv the iaw On (lHM.M„Th;.u(l, we hau-, unhappily, to r.rord a -le.a'case h. th.> herd, and a still greatei- dcc.'vus,' of the pcla-ic iiuhistrv (Signed) liave. &c. D'.VRt'V W. THOMPSOiX. Inclosure. Joint l^lolcnn-nl of ('oncliision." rrs^ectiny the Fur-^Sml Herd frequentmrj the Pribylof Islandu in liehriny iieu. ;r.rj I'J i;ndersio,u'(l. duly eiupow. -red Delegates, <>ngaged during recent years in Innjloll Islands in nohiiiy Sea, viz : — ^ On behaltol' the United States, CiiAiiLios SuMNEK ILvji Lix, and David Stakk .Iokhax ; On helialJ' »\' Gretit Britain, D'Aiai AA'HsrwotiTii 'i'lioM i-son ; On behall ol' Canada. •Ia.mks Ali;r.Mi,Li; ALveoLK; li.'ue luet in (Joul'eroiuv und<'r in.struction.s Irom our resiieotive Governments Undei* Inet^e uistrucdoMs ue uere directed: — ■ vjuuci ;' 'f"' ''^'71'/ ^'" l'o«f •i^'.- 'It »fon-eot conclusions respecting tlie numbers, conditions and habits ot tlu; seals Irequ. nling the Pribyloll' Islands at the present time Spared witli Lbe s(!veral seasons previous and subsequent to the Paris Award." As a result of such Conference, now completed, we, the above-named Charles Sumner Hamhn, Davul Starr Jordan, D'Arcy Wentworth Thompson, and James Melville Abu;oun ind ourselves in accord on the propositions contained in The S^T-'r 1 *''*T'^t"'.i?-"'''^"'*r' respecting the tW-seal herd frequentW Z> rnbylott Islands, and make this our Report :— h"^"*-*^ tae ri085l 3 2 . :n i 1 1 w. ' Hi ; T ■ It \1 Joint St.vtkmkni". 1. 'riioi'O is a(i(M|iiali' evidence thai, siiieo tlio year l.SK|., and down lo I lie date oT the inspect iou or tlio rooUcries in 18!)7. llw I'nv-scal herd of the I'ribylciV Islands, as lueasuved either on th(> hanlini^ Ljronnds or lireedini;' '^ronnds, lias declined in numbers at a rate varyini^ from year to year. 2. In the al)sen(!e tor 1 lie earlier years of actual counts oi' the rookeries such as liave been made in recent \oars. the bcsl approximate measure ol' dcclin<; iiow available is found in these tacts: - (ii.) About 10(),00(» u\ale seals of recouiiized killable ago were obtained from the hauliui;' grounds eacli year I'rom IS"! In iss".). The Table of Statistics ijivon in Apperidiv I shows, on the mIioIc, a progressive increase in the munber ol' hauling grounds driven ami in t;be number of drives made, as well as a retardation of the date at which tlu? (|uota was obtain yeav 1890, 28,!)(il* killable seals Avere taken after continuing the driving till the 27th .luly, and in lsi)7. jlMs;) after continuing the driving till the lltb August. AVe have no re;ison to lielieve thai during the i)erind 18iM5 and 18!>7 a very much larger number of males of recognized killable age «'udd have been taken or, the hauling gronnds. The veductio)! b(>twceu the years Is'.Xi and 1S!)7 in the nuu;ber of killable seals taken, wbile an indicnti. From these data it is plain that the fonner yield of tiic hauling groimds of the I'ribylolV Islands was from three to live times as great as in the years 18J)0 and 18!)", and the same diminution io oiie-tiiini or one-lifth of the former prodiu't may be assumed when we inchule also the results of hunting at sea. !•. The death-rate among the vouiil;' fur-seals, especially among the pups, is very great. While the loss atnong the pH))s prior to their departure from tlic islands has been found in the last two years to approach 20 ])er cent, of the wliole ninnber born, and though the rate of sul)se(|ueiit mortality is unknown, we may gather from the number which reiurn each year that from one-half to two-thirds liavc ])erished before the age of tlir(r years ilial is to say, tli(> killable aii'c for the males aud the breeding age for the rcmales. o. The chief uatiirai ■ eaiises of dcatli among tin- l)ups, so far as known at, present, are as follows, the inipnrtanci' of eaeli beinu' variable and more or less uncertain : — (ii.) Kavages of the parasitic worm. IJuriiiarin, most destructive ou sandy breeding areas aud duriiin' the period from the l.'tth .luly to the 20th August. {!>.) Trampling; by liuhlinn' bulls or by moving bulls ami cows, a source of loss greatest among very vonng pup-..; (c.) Starvation of ])nps strayed or sepai'ated from their mothers when very young or whose mother's have died from natural causes. {(i) The ravages of the gieat killer (Orrn), know'u to be fatal to many ol" the young, and perhaps also to older s(>aK. At a later period drowning in the storms of winter is believed, bur not certainly known, to be a cau»e of death among the older pups. 6. Counts of eei'tain rookeries, with ])artial counts and estimates of others, show that the immber of iireeding fein;:les liijaring |)ups on St. Paul and St. George was. iii 189(5 and 1807, between l()0,(i(Mi and l.'io.diM), more nearly approaching the higher ti^rc in 18!)G and the lower in Isu7.>; 7. On certain I'ookei'ii-s. where ])ujis were counted in both seasons, 1G,24)1 being ' Tlic nominal (iiiol;i iil :'.0(i(JU tui- 1 s'Ju :iml (,f ua.'j'.IO liii- lb!<7 inclndi'd loocl skins takiMl in tliu full of 1895 and 1^96. t That is to jiiy, not im iniiuij; ioic- in.-iiing- (rem tliu ixilling of inotlicrs Ht scu. Ttie number of deail pu|)s cuniiled on llii' rookeries lietwofn tiie 8tli and Htli Aiignsi in 1896, uas 11,043. (t is recognized tliat tiiis numlier is an nndcrL'sliniato, inasnmcli as a jjreator numl)er must Inive been overlooked than were cnnnlr.i Iwicc. Il is also nooyni^iil that tin: j^rcat niiijority o( thosu pups died from the attacks of the worm Uiicinai in. X The imporlance nf lliis soinco of hiss we now tin 1 to be much h'ss than was snppofeJ to be the case from tiie invo^li(;ations made in ISOiJ. (,See Heporti for lt>s'.)ft, .Jordan, j). 4') ; Thmnpsoii, p. 20: .Maconn, MS.S.) § For detailed ai'coiinl of till' censiis of I S96, see .lordnn, I'leliininaiy Keport for IbIKi, p. 15; Thumpscn, Ueport for 18!)(), p. 19, 5[;ie()iin. Ifeport. Is'.Il', MS.*<. l"or a di«eiis*ii>n ol' sngi^tsttd corrections to the census iif iSOti. Jordan, I'iiial Ueport. 18;i7. l'"or details ofllu^ reifsun ol' isy7, sec Thompson, Ucpnrt, 1897 ; Macoun, Itepoil, 18!t7 ; .lurdin. Ifeiio't, I8U/. A cDrrcclion to be made in (lie census of 189K arises from the agreed .i~s iniption tliat flic total iiiimlu r nf liree'imL' IVmal ■< was I'TJ times the number seen in the height of the scasoM, l..iicr observations show l!i,it tliv aitiial Icila! i« at lc;i»t twice the maximum imtnber ever seen at onee on a lookerv. "••■■■II ;{ young of the .•rtaiiily •s, ^llo^v was. ill liimhcr heiui; the fall of as 11,045. ivcrlookeil cks of the case from ilSS.) riiumpsoii, thp ceiisuit ; Macoun, the Bgrewl he acasoti. ,1 lookorv, found in 1SS)(!, and 1 l,'MH inlSDT.iii- apitlyini,^ a count adopted )»\ Professor Tlionipson, 11,743 in tii(^ latter year, tliere is evident a deereas(! of !> or 1-' per e<'nt. witliin the twelvenionth in crease of 10- tl ])or cent. The oows actually present on certain rookeries at the heiniit of tin; season were counted in both seasons. Where 10,lJ)s werofound in 18!(('>, 7,;5()7 werefound in 1897, a deeroaseof 2HiMpi're("it.* 8. It i.s not easy to apply the various counts in the form of a ijeneral averai"'e :o all the rookeri(>s of the islands. AVc reeo^'nize that a notable decrease h;is been sulfered by the herd during the twelvemonth I8!)(j to 18'.37, A^ithout attemi)ting, save l)y setting tlie above numbers on reeord, to ascribe to the decrease mon; |)reciso figures. n. The methods of driving and killing practised on the islaiuls, as thoy have come under onr observation during the ])ast two years, call for no criticism or objection. .Vu adequate snjjply of bulls is present on therook(!ries ; the luimber of ohh-r bachelors rejected in the drives during the period in question is such as to safeguard in the imnu'diate future a similarly adequate supjdy ; the breeding bulls, females, and pups on the breeding rookeries are not disturbed; thert; is no evidence or sign of impairment by driving of the virility of mah's ; th(> operations of driving and killing are conducted skilfully and without inhumanity. 10. The pelagic industry is conducted in an orderly manner and in a spirit of acquiescence in the limitations imposed by the law. .11. Pelagic sealing involves the killing of males and females alike, without discrimination and in proportion as the two sexes coexist in the sea. The reduction of males elfeeted on the islands causes an enliauced proportion of females to be found in the pelagic catch ; hence this ])roportion, if it vary from no other cause, varies ut least with tlie catch upon the islands. In 18!)3 Mr. A, J?. Alexander, on behalf of the (jovernment of the I'nited States, found (\2 3 ])cr ceni. of females in the catch of the " Dora Hieward " in IJehring Se'a, and in 1S!)0 Mr. Andrew llalkett, spe(.'ially in the ^e;is(jii of migration and on the course of the migrating herds, of catches containing a very diiVereiit proportion of the I wo si?.\e.s. 12. The largt' jiroportioii of femnles in the pelagic catch includes not only adult females that are both nursing a:!d pregnant, but also young seals that are not preg- nant, and others that have not Vet brought forth young, with such also as have I'ecently lost their young through the various caus(>s of natural mortality.! ];j. The polygamous habit of the animal, coupled with an (>qual birth-rate of the two sexes, permits a large number of males to be removed with impunity from the herd, while, as with other atuinals, any similar ahstraetion of females cheeks or lessens the herd's increase, or, when carried further, brings about in actual diminution of the lie.d. It is equally plain that a certain number of females may be killed without involving the actual diminution of the herd, if tin number killed uo not exceed the annual increment of the breeding herd, taking into consideration t.he annual losses by death through ol.l age and through incidents at sea. It. While, whether fro;n a CDnsideratioii of the birth-rate or from an inspection of the visible etlects, it is manifest that the take of females in recent years has been so far in excess of the iialural increment as to lead to a reduction of the herd in tin; de^'ree related above, yet the ratio of the pelagic catch of one year to that of the foUowing has fallen otV more rapidly than the ratio of the breeding herd of one year to the breeding herd of the next.^; * The I'Xlrunno irreguliuity of the ninnbor of cons |ircsei)l on the rookeries from day to day. and the consequent Invaliditv of anv comparison of their nnmber is shown by the eonnts made on Liikanin and Kitovi rookeries durinjf the season of liS97. See .Appendix II, t Statements on wiiich to base an estimate of the relative nnmbers of these severil classis are necessarily incompli-ie, but the followiii;r notes may serve as a partial guide : — luwnsend, Iteport ISOj, pp. 46, 17. Alexar.der, Report 1S95, pp. 142, 143, .Macoun, Iteport 1897, MSS. Lucas, Report lS97, MSS. J The catch of the pelngic fleet, Canadian and Auicric.in, !n 1607 in Heliri-.-.s; Sea was Hi, GOT seals. In tlm summer r.t ISUli it was ■29,.")00. The aggregate catch which directly influenced the herd o! Is97 was aS.OJ'J, n nuniber made up bv adihnsr to the summer's catch of 1S9C the nortli-west coast catch m llic spring of 1897 L "p to the |)re»enl time, accordinjfly, the pelaj-ic catcli already taken (lii,*!)?), and iiiura'uiir dniM'tly H'.'aiiist ne\l xear's supply, is .)7'12 per cent, less than tlic pela;;ie I'atch -.vhii'li npeiatei) a^a;n«l the snpply (if |)S'i7 (see, al-n. Appendix I): or, if we compwu merclv the ynnmnr c.itches. inasmiicii as the pcssilili spin;; ca'ch '>'. \^'jH i. ;i;i tmknnwn factor, we liave a rednclinn of 43'4(l per cent. ITi. In lliis >^r(';it('i rriliicliuii nf (I'c pi'ljiui"' r.iloh, coiiiii.-ii'cd \\'\\\i tlic ■^ludunl ili'ci'f/isc of llif licni. Ilii'ic is ii tcii(lc;ii'V l()\\;ii' lirccdiin'' herd \\al)lc si/.c oi' (lie li(>r(l in llic inimcdiati- fnluvf^, liicrc nMiiains l(» be cslinialod tlu* additional I'aclor nl" decline rcsultiu^lroni redncrtions in tin- nuniher of snivivin^' imps caused hv the larger jielau'ie ealcli ol' 1H!)I and i'^ur*. Mi. Tlu! diniinnlion oi" (lie lierd is vet lar ri'oni a slai^'e wliieli invoUo or threatens llie actual exierniinalion ol'tlio species, so lon^; as it is protcisled in iis hauiils on land. U is not possible dnrini;' llie continnance of the couservative methods at pi(!s(!nt in loice upon tlie islands, with the I'ufther sareyiiani oC the protected /.one at sea, that anv pelagic Kiilini;' should accomplish this final end. 'I'liere is ev idencc, however, that, in its present eimditioM, the herd vii-lds an incunsiderahlc return either to tix; lessees oi' tlie islamls w to the owners of tin; pelayic licet. fSi-ncd) CII\1!IJ:s SI m.mkij, iiaaii.i>. DAVID ST. mm: .IUIM)AN. IVAIMY WKN'rWOIiTll THOMPSON. .i.v:\ri;s mklmllk macoin. • Vl'I'KNDIV 1. St.vtistks rciiardini;' liittid and Sen Killiii!,', 1871-1H»7. \vm: \)iao (|uiitii tilled.* ll'ii'linj; ilrivi'ii.' (if Drive*. ' Killc'il (XI land (' Killcil at S(M. IHTi! IS7."- IS7I IH7."i IH7(i 1S77 1K7H l»7!t ISSd ISNl 1 SS'J insa .SSI I.SS;". ls8(i I,ss7 IHHS IHS'.I is:i() I sin IS'.I'.' ls!i:i is'.n l.S'.»,i 1S!lli !S!17 .Iidv 'js ,. 1 fp Anjijiist 1 Julv 11 M 1« ., Ill ,. 17 .. Jll ., I'.i ,. -7 .. ;il ,. -'lis; 'Au;,Ml^t •ImIv •JT >* - ' •Ki ■l.-l .•)! Ill .'».") ■m; II .)i 71 7« m si; SI 101 lIKi 117 101 lOJ 111) 87 (11) (i!) ') I'.' Ill Jill .'10 .'111' oS 01 :i(l .1!) •IL' 11,". 71 till 7.1 71 •I.') () (II) 'ji lll'_',!l(ill I0S.81!! III!M77 iio,os.'i 11111,11111 '.H.H.)7 Sl.SH) 10(i..'IL>;! no, 111 i()r),7i« lo.'),0(>;! OlI.Hl'i 7'.i,iJ00 lO'J.HOI lirj,ni7 L'S,0-V,l 12.040 7..-. 11 7,:j'.iil Ul,'.'7ii I I,s4il '.'S.lllil '.'II.S'.IO lli.!l| I ,">,!i,'iG ■").Vi'.'ll ,-.,s7;i r>.(y.vj .•|,.-.l,") •V-ilo 0,641 8,.').')7 8.418 10,38'.' l,\,".,"il l(i,,'i.57 1 11,071 2a,OIO 28,401 ;I0G28 2(1.18'.! 2!),«r)8 40,814 0!),:)(>8 111.1142 •'10,812 liI,8,'iS .■pll,2!ll 111.017 25,07'.i(« ) * 1 lii'M- ti^iircs n'l't'i' to tlic liiiidinu ^roiimU of St. Paid. < 'I'lii'.-c- totals iiirlud,- nil nudes Uilli'il fi)i-iiii\ inirjMisc i>ii tiio Isiiuiil.o. Z III 187i> till' kilhiijj; was l)i'i;iiii at iiii umisiuil date, said lo !>;' (.:i aci'MiilU ul'aii cxreptioiiid ^ ( lo-.'(l In' (irdiT lit tilt" am'iit in charge. II Years ot tlio iiioUiis riroiUi, ^ As reported to date. late ;l '111. ■m n Ai'I'i;m i(> 17 IS is 2(1 21 /.''•t n! Ill' lliirr}ii.s. •) :illc 1 1 >' •J 11 ./ii'y ,s Cows pit'spiit. Hiitf. lu'inril ,il Ihir' Ills — July I;; l,iil..i;i'ii l!.,i,l,iii. (l ■ llil.n \-1_ s .. 1;; ., 1 1 • ' ■!.■, ., Hi ., 17 „ IH „ i!l •• 7'i .■ 2'1 1(1.-. .. 21 137 ')■) " ins ., 2;) '.'10 .. %\ •.'ifi „ 2.'. :'!l(l ,. ^il lUiJ „ 27 114 mil ., 2.S •• :>\iK ., :IU ;..';l) .)h1v I ,:s:, ' ' ;M7I. ., • • ClUl .. 1 ' • 7(i;i 11 -J " ■— ti (i.j 1 ** .i."i(i h 7(i;i ti * * ii7)s „ III Gim ., 11 * * ")6(i ., 1" jrio „ i;! * ' ■1211 ., i.j * * r)2N ., ir " 111. ., 1.-, II)!! ,. iii • • III.-. .. 17 I2(i .. In Hi:; .. l:i liii; ,. Jn !ll| .. Jl II 1 l-'T • 1 -i 1 .. ■1\ „ ■-'■> • 1 - •• In ., .In < '\I\S^ Ii: ■y (! II il) -'I ''i7 ."/J "I 10:i Ml 17ti 207 (i.'l.l hini ii;;m 1,(,Hm l.U)7 1,2'i-l ]..')7I lAM l,i51lt 1,08(1 ).7«.-, 1,7;J0 1.H4I .■iO(i .■i27 •■)2"> .•i;;h 22S 2!)0 2! I 21.-. 2111 21-.' Ilill iKi; I IS I. '.7 1 77 I III 127 \1\ Wcalii.r cU'wr : in. .-tunns ..r Mir:- k-\^-v\a ..m,. i|,iv wl.ci, i„i,, f.\\ ,.„, : , . . to .1.0 VMl.T. .M.I Mi.kinn- i(